Comments on: Go Go Godzilla http://blog.bennettandbennett.com/2010/03/go-go-godzilla.html the tao of criminal-defense trial lawyering Fri, 10 Feb 2012 17:39:20 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Gritsforbreakfast http://blog.bennettandbennett.com/2010/03/go-go-godzilla.html/comment-page-1#comment-13504 Gritsforbreakfast Fri, 12 Mar 2010 18:33:18 +0000 http://bennettandbennett.com/blog/2010/03/go-go-godzilla.html#comment-13504 "that victims should be treated with respect and dignity . . . unless they are the victims of false allegations" OR if the victim advocates leniency for the defendant. “that victims should be treated with respect and dignity . . . unless they are the victims of false allegations”

OR if the victim advocates leniency for the defendant.

]]> By: Clay S. Conrad http://blog.bennettandbennett.com/2010/03/go-go-godzilla.html/comment-page-1#comment-13463 Clay S. Conrad Tue, 09 Mar 2010 17:02:01 +0000 http://bennettandbennett.com/blog/2010/03/go-go-godzilla.html#comment-13463 I have started routinely filing motions in criminal cases that the complaining witness not be referred to as a "victim" until and unless there is a conviction. I had only one judge (Don Stricklin) deny it, but the State realized she was wrong and never referred to the CW as a victim. The State loves to refer to the "victim," "victim this," "victim that." Every time, they are stating that the defendant is a victimizer. Language matters. Calling someone a victim assumes the defendant is guilty; for there to be a victim, there must be a victimizer. In cases where identity is the issue, of course, I leave this out. I have started routinely filing motions in criminal cases that the complaining witness not be referred to as a “victim” until and unless there is a conviction. I had only one judge (Don Stricklin) deny it, but the State realized she was wrong and never referred to the CW as a victim.

The State loves to refer to the “victim,” “victim this,” “victim that.” Every time, they are stating that the defendant is a victimizer.

Language matters. Calling someone a victim assumes the defendant is guilty; for there to be a victim, there must be a victimizer.

In cases where identity is the issue, of course, I leave this out.

]]> By: Don Waggoner http://blog.bennettandbennett.com/2010/03/go-go-godzilla.html/comment-page-1#comment-13460 Don Waggoner Tue, 09 Mar 2010 13:15:12 +0000 http://bennettandbennett.com/blog/2010/03/go-go-godzilla.html#comment-13460 As an attorney this interests me. In Florida, we have constitutionalized "victim's" rights. They have a right to avoid sequestration, they have a right to be heard at sentencing, and they have other rights. Butm their name appears nowhere in the charging document as a party to the case, other than as a witness. The "State" is listed as a victim. Because the "State" is the plaintiff/victim, statements the person whose purse was stolen cannot be entered against them as a party opponent, ostensibly because they are not a "party" to the proceeding. This among other evidentiary matters. I think they should be included as party opponents- State of Florida, obo Jane Victim, Plaintiff v. Jack Badguy, Accused/Defendant. And yes, I have been the victim of a very bad crime since becoming a defense attorney. I have no problem with treating victims respectfully, but we should get rid of the legal fiction that they are not "party opponents." As an attorney this interests me. In Florida, we have constitutionalized “victim’s” rights. They have a right to avoid sequestration, they have a right to be heard at sentencing, and they have other rights. Butm their name appears nowhere in the charging document as a party to the case, other than as a witness. The “State” is listed as a victim. Because the “State” is the plaintiff/victim, statements the person whose purse was stolen cannot be entered against them as a party opponent, ostensibly because they are not a “party” to the proceeding. This among other evidentiary matters. I think they should be included as party opponents- State of Florida, obo Jane Victim, Plaintiff v. Jack Badguy, Accused/Defendant. And yes, I have been the victim of a very bad crime since becoming a defense attorney. I have no problem with treating victims respectfully, but we should get rid of the legal fiction that they are not “party opponents.”

]]> By: Nathaniel Tarlow http://blog.bennettandbennett.com/2010/03/go-go-godzilla.html/comment-page-1#comment-13454 Nathaniel Tarlow Tue, 09 Mar 2010 02:45:29 +0000 http://bennettandbennett.com/blog/2010/03/go-go-godzilla.html#comment-13454 The cult of victimhood is another unfortunate outgrowth of political correctness. The cult of victimhood is another unfortunate outgrowth of political correctness.

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