Mistrial by Mark Geragos

Author:Mark Geragos
Language: eng
Format: epub
Publisher: Penguin Publishing Group
Published: 2016-01-22T16:00:00+00:00

Argument #3—The Defense Is Attacking the Victim

No matter how much the defense attorney patty-cakes around the victim during questioning, the D.A. is going to argue how despicable it is that the defense is attacking the victim. He or she is being victimized all over again. The apparent essence of this argument, which is heard in almost every closing argument, is that the alleged victim can get on the stand and trash the defendant, accusing him or her of all kinds of horrible things, but any suggestion that the alleged victim may be wrong or not telling the truth will bring out howls of “How dare you attack the accuser!” This argument questions the right of the defense to cross-examine the victim, which is a bedrock constitutional right. This is infuriating, especially because it so often works. Apparently what we are supposed to do when it comes time to cross-examine the victim is to stand up and thank that person so much for coming into court and for taking the time to testify against our clients.

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