There were videos shown during the trial that Stacey said were deeply difficult to sit through. “Videos of Chris literally being blown away with a bullet through his chest, going in the street, falling backward. We saw these items over and over and over,” she said. “And we were instructed: don’t you gasp and don’t you cry and do not make a scene, because that can cause a mistrial.”
“Our goal was to make the judge cry. Our goal was to bring Chris to life and to humanize him,” she said.
If gasping at video of real events is grounds for a mistrial, then so is fabricated statements intended to emotionally manipulate the court. It’s ludicrous that this was allowed and honestly is grounds to disbar the judge. If he allows AI nonsense like this, then his courtroom can not be relied upon for fair trials.
0x0@lemmy.zip 2 days ago
The worse is everybody knows, including the judge, but they still chose to accept it.
ricecake@sh.itjust.works 2 days ago
Reading a bit more, during the sentencing phase in that state people making victim impact statements can choose their format for expression, and it’s entirely allowed to make statements about what other people would say. So the judge didn’t actually have grounds to deny it.
No jury during that phase, so it’s just the judge listening to free form requests in both directions.
It’s gross, but the rules very much allow the sister to make a statement about what she believes her brother would have wanted to say, in whatever format she wanted.
catloaf@lemm.ee 2 days ago
Hot take: victim impact statements shouldn’t be allowed. They are appeals to emotion.
booly@sh.itjust.works 1 day ago
I’d argue that emotions are a legitimate factor to consider in sentencing.
It’s a bit more obvious with living victims of non-homicide crimes, but the emotional impact of crime is itself a cost borne by society. A victim of a romance scam having trouble trusting again, a victim of a shooting having PTSD with episodes triggered by loud noises, a victim of sexual assault dealing with anxiety or depression after, etc.
It’s a legitimate position to say that punishment shouldn’t be a goal of criminal sentencing (focusing instead of deterrence and rehabilitation), or that punishment should be some sort of goal based entirely on the criminal’s state of mind and not the factors out of their own control, but I’d disagree. The emotional aftermath of a crime is part of the crime, and although there’s some unpredictable variance involved, we already tolerate that in other contexts, like punishing a successful murder more than an attempted murder.
ricecake@sh.itjust.works 2 days ago
I feel like I could be persuaded either way, but I lean towards allowing them during sentencing.
I don’t think “it’s an appeal to emotion” is a compelling argument in that context because it’s no longer about establishing truth like the trial is, but about determining punishment and restitution.
Justice isn’t just about the offender or society, it’s also indelibly tied to the victim. Giving them a voice for how they, as the wronged party, would see justice served seems important for it’s role in providing justice, not just the rote application of law.
Obviously you can’t just have the victim decide, but the judges entire job is to ensure fairness, often in the face of strong feelings and contentious circumstances.
Legitimately interested to hear why your opinion is what it is in more detail.
Feathercrown@lemmy.world 2 days ago
It’s a little weird that they get to speak for the dead like that