(no subject)
Ok, so there's this supreme court case thing about domestic abuse and the sixth amendment. I'm a bit confused.
Who accuses the defendant in a murder case? It's the state, right? Cause, you know, the victim's not around anymore. I wondering if the state should be the accuser in domestic abuse cases, as well. But this seems like a Very Bad Idea.
Why is a sixth amendment able to be used as a form of intimidation? It happens in domestic abuse, in sexual assault and rape (ending in the classic she said/he said), and in petty crimes. Some police officers only job in urban areas is to go round up witnesses and persuade them to testify. And it's easy to see why this is.
From the accuser's standpoint, what do they gain from testifying? Especially if they were assaulted, and fear reprisal from the accused (if the case fails) or from the accused's friends (as there always are more friends). Justice? Hah. Look up Maslowe's hierarchy of needs. Justice isn't on there. Food is. Security is. Levels 1 and 2. They just (most likely) gave up level 1 for level 2. They probably aren't very happy about it.
The sixth amendment is an excellent protection for the accused, and a basic right. But testifying as a victim of violence is an extremely psychologically-intense procedure with little or no or even negative benefit to the people who do it. I think that should change.
I just wish I knew how it could.
MadS
Who accuses the defendant in a murder case? It's the state, right? Cause, you know, the victim's not around anymore. I wondering if the state should be the accuser in domestic abuse cases, as well. But this seems like a Very Bad Idea.
Why is a sixth amendment able to be used as a form of intimidation? It happens in domestic abuse, in sexual assault and rape (ending in the classic she said/he said), and in petty crimes. Some police officers only job in urban areas is to go round up witnesses and persuade them to testify. And it's easy to see why this is.
From the accuser's standpoint, what do they gain from testifying? Especially if they were assaulted, and fear reprisal from the accused (if the case fails) or from the accused's friends (as there always are more friends). Justice? Hah. Look up Maslowe's hierarchy of needs. Justice isn't on there. Food is. Security is. Levels 1 and 2. They just (most likely) gave up level 1 for level 2. They probably aren't very happy about it.
The sixth amendment is an excellent protection for the accused, and a basic right. But testifying as a victim of violence is an extremely psychologically-intense procedure with little or no or even negative benefit to the people who do it. I think that should change.
I just wish I knew how it could.
MadS