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Do your judges inform or permit defense lawyers to inform prospective jurors in a sexual assault case about the lifetime registration consequences of a conviction. Mine do and it practically destroys any chance of getting a conviction in a sexual assault of a child or acquaintance rape type case. Can this be kept out, and if so, on what basis? | ||
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Member |
I would argue that the defense attorney is giving information related to a collateral consequence of the conviction. Prison or probation is the punishment for the crime. Everything else should be considered as outside the scope of voir dire. If a judge disagrees, then explain that you should get to voir dire about the fact that all the witnesses are missing work and the defense gets to talk about how the guy in prison will not be able to pay child support, etc. In other words, open the flood gates because everything comes into play. | |||
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