11-06-2010, 07:34 PM
Hi,
This discussion has splintered into related but separate issues.
On the original topic of victims, their families, or their friends testifying, I think the rules of evidence should be clear. If the testimony is not pertinent to the case at hand (i.e., to the determination of guilt) then it should not be introduced. The same is true, IMO, for defense character witnesses. The trial isn't to determine how good the victim is or how bad the perpetrator. it is to determine the facts of the case, what laws where broken, and by whom. The rest is soft headed nonsense introducing emotion where logic is called for.
The topic of children forced into paramilitary organizations is a different matter. And their degree of culpability for what they do as part of those organizations is hard to determine. On the one hand, they are coerced. On the other, they did perform the actions. Is it fair to reduce their choice to death by the group leaders or death by society? No, but when did life become fair. Ultimately, the solution to this problem is to eliminate it by eliminating those that are causing it. Since they don't control any oil, that'll have to be done by some nation that actually cares.
--Pete
This discussion has splintered into related but separate issues.
On the original topic of victims, their families, or their friends testifying, I think the rules of evidence should be clear. If the testimony is not pertinent to the case at hand (i.e., to the determination of guilt) then it should not be introduced. The same is true, IMO, for defense character witnesses. The trial isn't to determine how good the victim is or how bad the perpetrator. it is to determine the facts of the case, what laws where broken, and by whom. The rest is soft headed nonsense introducing emotion where logic is called for.
The topic of children forced into paramilitary organizations is a different matter. And their degree of culpability for what they do as part of those organizations is hard to determine. On the one hand, they are coerced. On the other, they did perform the actions. Is it fair to reduce their choice to death by the group leaders or death by society? No, but when did life become fair. Ultimately, the solution to this problem is to eliminate it by eliminating those that are causing it. Since they don't control any oil, that'll have to be done by some nation that actually cares.
--Pete
How big was the aquarium in Noah's ark?