Comments | firegrrl: (без темы)

firegrrl

(Untitled)

Apr 15, 2013 23:56

N.S., the victim witness in a trial against two men accused of sexual assault, wishes to wear a niqab in court while testifying against the defendants. This has gone to the Supreme Court, who has basically put it back to the trial judge, stating that these issues must be decided on a case-by-case basis, using the following four criteria:

a) the ( Read more... )

Comments 4

eyelid April 17 2013, 04:19:49 UTC

what a weird idea - to prohibit a witness from wearing religious garb ( ... )

firegrrl April 17 2013, 12:31:06 UTC

It never occurred to me that wearing the niqab would potentially prejudice the jury against her. I think the defense wants to see her face so that they can see her expression while they attack her credibility, so that the jury can determine whether they believe her. Which is so horrible an experience anyway, and it would be SO much worse to be publicly exposed for the duration of it, in a way that one is unaccustomed to being exposed ( ... )

edited after your edits eyelid April 17 2013, 13:00:00 UTC

I think the defense wants to see her face so that they can attack her credibility, and see her expression.

Eh. That's what they're saying, but it frankly makes no sense. It's as much to her benefit - probably more so - that the jury be able to see her face. Why would the defense assume that the jury being able to see her expression - likely her agitation, possibly her tears - would be beneficial to THEM? Who knows, maybe she'd come across poorly and it would help the defense, but I think it's much more likely that it would not. A witness with a covered face (in Western society) seems more sketchy to a factfinder, apart from any potential religious bias.

I didn't know that people could cover their faces in court in the US. I can see the problem with it in court. I don't think it's a problem. In many cases the jury does not have the very best evidence, or all the evidence, for all kinds of reasons, and we don't have a heart attack. Also, wouldn't forcing a person to remove a niqab against her will mislead the jury or cause ( ... )

Re: edited after your edits firegrrl April 19 2013, 01:44:22 UTC

In my own experience, I remember the defense attorney as being a horribly nasty woman, and I just wish I could have covered my face. It really would be horrible for a woman who is always covered in public to have to uncover in this situation ( ... )