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Post by Swimmy on Jan 21, 2009 21:27:52 GMT -5
Girl to Testify Via Closed-Circuit TVBack when I clerked for a judge, a similar issue came up when trying to conduct civil confinement hearings of mental patients via video conference link to accommodate the mental patient by allowing the patient to keep their routine, stay in a comfortable environment, and provide the patient their daily dose of medication. One of those issues was precisely whether allowing a witness to testify via video conference was unconstitutional. While I commend Mr. Leland for making the arguments he is making (as he is ethically bound to do for his clients), I have to say that I do not think he is going to be successful. I can't remember all the case law, but it is established that allowing a rape victim to testify via closed-circuit tv preserves the defendant's constitutional rights while protecting the witness from unnecessary trauma. It is always intriguing to see some obscure issue that you never thought would arise in your neck of the woods come to reality. It is too bad this poor girl will have to re-live those horrific events all over again.
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Post by concerned on Jan 22, 2009 10:46:00 GMT -5
something like this should always be done by closed circuit tv. and that should be made law.
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Post by Swimmy on Jan 22, 2009 12:21:19 GMT -5
I don't necessarily disagree. But the defendant does have constitutional rights to be protected too. And unless there are extenuating circumstances, we can't just abridge those rights, no matter how heinous the crime he alleged to have committed.
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Post by Clipper on Jan 22, 2009 12:34:40 GMT -5
Our system provides for the right of the accused to face his accuser, but that should include legislation to limit that to an age bracket old enough to do so without being traumatized. The victim's rights are sometimes put aside to insure the defendant's rights are preserved, and to insure that there is no mistrial.
In the case of a seven year old rape victim, there is no reason for her to have to face the man accused of raping her, and the result could be nothing less than sheer intimidation and terror, seeing the man in person again. She probably already suffers from nightmares and most likely has some serious issues with men period.
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Post by Swimmy on Jan 22, 2009 12:59:43 GMT -5
And I think Judge Donalty made the right determination in this instance.
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Post by Clipper on Jan 22, 2009 13:18:02 GMT -5
Amen Swimmy
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Post by frankcor on Jan 22, 2009 16:35:45 GMT -5
I guess it's no surprise that a man evil enough to rape a little girl would also be evil enough not to take responsibility for his act so she wouldn't have to testify against him. The Lord will have a special place for this beast.
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Post by Clipper on Jan 22, 2009 16:54:38 GMT -5
The Lord already had a place for this freak, but mortal man thought it proper to parole him.  I bet THAT won't happen again!  |
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Post by frankcor on Mar 27, 2009 11:56:54 GMT -5
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Post by concerned on Mar 27, 2009 18:22:14 GMT -5
Judge not least ye be judged....Jesus, who was slaughtered for loving God and his fellow man but dared to defie Jewish Law, like healing on the Sabboth or hanging around those whom society cursed and he gave them forgiveness just for the asking. I pray for the little girl and I pray for Leddick and most of all I pray for society, because after all is said and done this kind of violence will continue and all the prisons and lawyers and judges will not stop this from happenning again. It is sad but that is the price of a fallen society who continues to embrace violence in all its forms and all of its actions. It starts with the dissregard and slaughter of those innocent humans who are alive in there mothers womb ( this is a scientific fact), it continues with the drug abuse and the violence it brings to all families and society as a whole, it continues in the violence toward our aging population especially those who are alone and have no voice, it continues even amoung religions of different beliefs because they have those beliefs. Of course we can't do anything about this because of fear of public reaction, everyone loves there own little systems. Many love those little systems and think it is wisdom from God. Violence breaks down those little systems and proves it is not from God. And then the circle of violence continues. We must find ways to break the circle because a circle is never ending.
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Post by frankcor on Mar 27, 2009 18:50:10 GMT -5
You're right, concerned. I will pray for the little girl and I will pray for Leddick.
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Post by clarencebunsen on Mar 27, 2009 20:26:27 GMT -5
frank,
You're a better man than I. I cannot find forgiveness for him, his crime hits at a level too deep.
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Post by frankcor on Mar 28, 2009 9:44:51 GMT -5
I will never forgive him. I will pray for him and his tormented soul. But I will never forgive him. That will be for the Creator to decide.
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Post by dgriffin on Mar 28, 2009 15:56:27 GMT -5
Luke 17:3-4, RSV
Take heed to yourselves; if your brother sins, rebuke him, and if he repents, forgive him;
and if he sins against you seven times in the day, and turns to you seven times, and says, 'I repent,' you must forgive him.
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Post by frankcor on Mar 28, 2009 21:37:19 GMT -5
Every apology must contain 4 elements:
Regret - you must express regret, like "I'm sorry."
Responsibility - accept responsibility for your actions
Repeat not -- you must promise never to do that again
Repair - you must attempt to repair any damage done
I call these the 4-Rs. Leddick has done the first only, sort of. He has not done the remaining 3. He has earned no forgiveness.
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I bet THAT won't happen again! 
