First Amendment
Judges Barring Loaded Words in Criminal Cases
Posted Jun 16, 2008, 05:58 am CST
By Debra Cassens Weiss
Judges in criminal trials are barring loaded words, ranging from “rape” to “crime scene.”
Joshua Marquis, vice president of the National District Attorneys Association, told the National Law Journal he’s gotten “a flood” of e-mails telling him of judges’ decisions to bar certain words. Banned terms include "homicide," "drunk," "victim," "murderer," "killer" and "crime scene."
Marquis calls the trend absurd and dangerous, but defense lawyers say banning such words can help maintain the presumption of innocence.
Jack King, spokesman for the National Association of Criminal Defense Lawyers, says the right to due process trumps First Amendment concerns in these cases.
One lawyer who agrees is Daniel Monnat of Wichita, Kan. He was able to get the words "victim" and "crime scene" banned in a pending homicide case. “You don't want the witnesses and officers of law enforcement talking as if it was a foregone conclusion, almost drumming it into the jurors' minds that a crime was committed by virtue of the fact that there is a victim," he told the National Law Journal.
Wendy Murphy of the New England School of Law represents a Nebraska woman who challenged a judge who banned her from using the word "rape" in the trial of her alleged attacker. The woman has lost her appeals; Murphy is seeking certiorari.
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