11-02-2004, 03:21
I have a few problems with this bill that would most certainly surface in a number of cases, especially rape cases.
3. Allows all defendants to confront the witnesses against that defendant.
I don't believe this would be good at ALL for cases where a witness has been scarred for life by the defendant. It is not necessary for a defendant to meet AT ALL with witnesses against them.
9. Makes the trial open to the public and media.
Again with my example of a rape case, the victim may not want to be known to the public. The public and media do not have the right to know everything that goes on in a courtroom.
3. Allows all parties in a court superior to (but not equal to) Small Claims Court the right to hire private counsel as representation.
There is no reason one cannot hire council in small claims court, so long as council is provided to the other party.
4. That renders verdicts which are proportional to the infraction.
It is difficult to render a verdict that conforms to this in some situations- what if a man is gored by another man's bull? What is the verdict then? Goring the other man?
3. Allows all defendants to confront the witnesses against that defendant.
I don't believe this would be good at ALL for cases where a witness has been scarred for life by the defendant. It is not necessary for a defendant to meet AT ALL with witnesses against them.
9. Makes the trial open to the public and media.
Again with my example of a rape case, the victim may not want to be known to the public. The public and media do not have the right to know everything that goes on in a courtroom.
3. Allows all parties in a court superior to (but not equal to) Small Claims Court the right to hire private counsel as representation.
There is no reason one cannot hire council in small claims court, so long as council is provided to the other party.
4. That renders verdicts which are proportional to the infraction.
It is difficult to render a verdict that conforms to this in some situations- what if a man is gored by another man's bull? What is the verdict then? Goring the other man?