Ethics were left a long way behind.
I would be curious about procedure. Would the judge, possibly in chambers, admonish the guy as to just how he could question the child and what would not be allowable and what the Judge could do if he stepped over that bright line?
I agree that while appalling, the law and the Constitution are clear and cannot be set aside lightly. Changed as need be but until changed, they stand.
The rights of the defendant, especially in a case as serious as this, cannot be simply tossed aside no matter the emotions involved.
Find ways to protect the child but not at the cost of someone’s legal rights in court.
For that to work he would have to actually be incompetent, and not merely a massive asshole.
Did you read the article? Either he was incompetent or pretending to be in order to garner sympathy/plea incompetence.
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The court ultimately ruled him competent. If you are an mental health expert familiar with this guy’s case file I would be interested in hearing why that ruling was mistaken.
You asked how to “get around that.” I answered. The court could have ruled differently about his competence. There was more than enough to justify it. Don’t need to be a mental health professional to see that.
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If the evidence shown the court indicates the man is legally competent, ruling him incompetent anyway isn’t “getting around” the problem, it’s a gross abuse of the justice system.
That’s great. I think you’d have to admit this one had to be a close call, ruled the way it was. Maybe even a bit misanthropic on the part of the judge to call it on the side of the line he did.
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