If I was on a jury where the defendant pulled that, I would want to go up and punch him in the face. Tiffany was restrained. Her notes said she only wanted to slap him.
If I was on a jury where the defendant pulled that, I would want to go up and punch him in the face. Tiffany was restrained. Her notes said she only wanted to slap him.
Unless someone is demonstrating their voice for identification, I cannot see why someone can be compelled to just "read stuff".
An example... a presumed murderer is on the stand. You hand them paper. It says "I murdered someone".
Are they expected to read it?!
And further, as a juror, why would it enrage you to not see him comply? You say on a jury, you'd want to attack the defendant, but at that point you should not believe he is guilty, or innocent!
So, would you be upset if an innocent person, refused to read statements maligning himself?
https://www.stimmel-law.com/en/articles/testifying-trial-how... (search for "would you read the first paragraph")
https://law.utexas.edu/wp-content/uploads/sites/34/2016/09/4... (search for "would you read the part")
https://www.patrickmalonelaw.com/useful-information/legal-re... (search for "would you read")
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/6141/index... (search for "would you read")
https://archive.epic.org/free_speech//cda/lawsuit/transcript... (search for "would you read")
https://www.supremecourt.ohio.gov/rod/docs/pdf/8/2023/2023-O... (search for "would you read")
You'll also generally find examples of this if you're willing to sit through long cross-examinations such as e.g. the Murdaugh case.
Prior to the 20th century, fewer people could read. And on top of that, you couldn't just copy a sheet of paper easily.
And you wouldn't want jurors to handle evidence much, I suppose.
So I guess in this context it makes more sense. The reading ensures everyone knows what is on the paper, and of couse, since it's been happening for centuries.... it's legit.
Thanks for the urls.
He said in effect, I never said that we would avoid clawbacks, the lawyer made him read a thing HE WROTE that said they would avoid clawbacks.
Theatrical? Maybe.. but also he sat on the stand and lied, they made him tell the truth.
Remember that SBF never had to take the stand at all -- he could have pleaded the fifth and not testified; which is almost always the right thing to do. But once he decides to take the stand, the prosecutor gets to ask him questions about all the evidence they've collected -- which includes asking him to read things that he wrote or approved of.
He must answer questions, I find it bizarre he must read anything aloud, even if he wrote it. This is pure theatrics.
I wonder where his lawyer was.
I could try to come up with reasons that this rule is valid. But I guarantee you, EVERYTHING in the legal system has been litigated and discussed ad nauseum, often over hundreds of years. If lawyers for the defense thought that reading relevant evidence out loud was unfair, they would definitely challenge it; and maybe it has been challenged. If SBF's lawyers think that was unfair, they can still challenge it on appeal, saying that it's illegal or unfair or whatever. Regardless of all that, the current rules allow this behavior, and so the judge allows those kinds of questions.
Within those rules, is the prosecution's use of that rule theatrical? Absolutely -- that's their job: to persuade a bunch of normal people, that the person on the stand is guilty. Persuasion of anybody always requires both rhetoric and logic.
> Weird. I don't believe he even had an obligation to read any of it.
they're very clearly saying that they believe that under the current legal system, the "theatrics" are not allowed.
Here's why it seems reasonable to me. Imagine the counterfactual: If the prosecutor wants to ask him questions about that text without having him read it. If she reads him and asks him a question, he can just say "Is that what it says? I don't remember that." Then she has to hand it to him for him to read, point out where she read from, and give him a chance to read it, and then finally ask her question again. And if there is more than one section, or even more than one question on the same section, then the paper has to go back and forth.
If he reads it, then it establishes several things at once: The jury has heard the text that the question is going to be about, the defendant has read the original text and also has access to the context in order to answer questions, and the defendant has verified that what was read is what was written. It makes the whole trial go more smoothly, it's relevant to the trial, and it's not inherently insulting or humiliating (unlike cartwheels or farting on command), and doesn't fundamentally change the outcome of the testimony.
Maybe a real lawyer (or law historian) would have more to say; but in any case, defense lawyers have had hundreds of years to raise objections, and they haven't, so my "Baysean prior" is that there are probably very good reasons for the rule being the way it is.
ETA: Another advantage is that how the defendant reads the document, and their reaction to reading it, is part of the evidence the jury will need to weigh up when forming an opinion of the witness -- as the situation here described showed. And of course, remember that the same thing can be done by the defense to witnesses for the prosecution. It's not a tool that favors only one side or the other.
I mean, maybe? If you claim you can't be the murderer because you were at a cartwheeling convention, you probably will be asked to show that you can do a cartwheel.
The judge will decide if the request is relevant. Your lawyers will object if it isn't.
he agreed to take the stand, he agreed to everything. what would the lawyer object with "your honor, they're making him read" lmao
This is a criminal trial, a formal procedure society uses to determine the course of someone's life. Dozens of people, including me, are devoting several weeks of their lives to making a careful determination of guilt or innocence. His entire defense appears to be that he acted at all times "in good faith". He just spent a day on the stand testifying to his good faith efforts to run his company. Then he turns around and cannot even follow the simple requests in the process as we try to determine his guilt or innocence. Where the fuck are his good faith efforts in this testimony? Of course I am not going to actually attack the defendant, but now I have to work extra hard to separate this childish behavior from the actual facts of the case, as I deliberate on the charges.