The system of change of venue is not based on race, color or nationality but situation. I used the black argument as a EXAMPLE. The system must be used when the location where the case is handled is perceived as being partial to one of the parties. The system was created to try and make the procedure as fair as possible to both parties.
Yes, and its not the case here.
It would also be incredible incorrect.
Debatable.
In this way none of the revelant parties could complain, since it is assumed that the judge is not partial and can act as a fair actor.
We are not in a normal context. This specific party will ALWAYS find a way to complain. And again, in praticity its simply complicated. Judge are used to donate to political party, finding someone with no ties is difficult.
That's why I used the example of the Judge being a Trump supporter to show that it can biased to every side. It's also one of the reasons why in some countries most judges are prohibited to join political parties or even post public opinions online.
Yes, but we are talking about a far right president here. Its simply IMPOSSIBLE to find a judge that will not be involved politically personnaly in the matter.
And like I said, this is NOT a normal case, the judge WILL have personnal partiality concerning Trump, its
inevitable. Simply because we are talking about a freaking far right and former president. So what we must look at is for those who are the LEAST partial and those who can do the job the best. And I don't see why it can't be the case here.
Page 7. Specific conflicts, d:
''The prosecutor should excuse himself or herself from any investigation, prosecution, or other matter where personal interests of the prosecutor would cause a fair-minded, objective observer to conclude that the prosecutor’s neutrality, judgment, or ability to administer the law in an objective manner may be compromised. ''
Then there might indeed be a problem here. THe question is why it was accepted (and don't tell me that's its a political conspiracy)
People can complain about the law and other things, but the trial itself must be as clean as possible.
Like I said, in this case, its near impossible. The subject is too political. People will be partial, its inevitable. And I really can't consider corrupt someone that just give a few bucks to progressive movements.
Its not serious.
You are wasting your time.
He does not have the skill required to understand.
Contrary to you guys, when I'm wrong on something, I come back on it. I'm not a Law specialist so here I'm asking questions, but SOME of the answers are simply not sufficent and do not take into account the political context of this trial.
This trial is not the one of the average man, but the one of someone who holds an immense power of potential destruction.
Because they are human beings the judicial system has rules to avoid the failures of human personalities and prejudices. The system exist to be used.
Indeed. And nothing seems to be breaking the system here.
If you already have a formed opinion about someone you would not be fit to be in a jury. One of the basic principles of a trial is that someone is innocent until proven guilt.
And you don't understand the difference between a judgement of justice and the judgement of humans.
We are not judge and we are not bound to justice which is here to deliver a judgement and a sentence if necessary.
I have a power that justice doesn't have : Trust. This give me the power to make my OWN judgment on someone and act accordingly.
I will give you the same example as Herrara:
You have 3 friends : John and Annie and Helena.
One day when you have fun with Helena, Annie comes to your house one day crying with bruise all over her face to say "John raped me" and she ask you to bring her and accompagny her to the Police station. Helena starts crying and says "John raped me too"
What do you do ? Do you wait for justice to deliver a judgment before getting John the F. out of your friend circle, or do you make your own choice and choose to help your friend denounce him to the POlice and choose not to talk to him ever again ?
Well, I'm choosing to believe the victim and the evidences I have. Same case with Trump, we have enough evidences to make our own judgment, this guy is a dangerous far right pig and he deserves to go to Jail.
Now, can this prevent me from giving him a fair trial ? No. Like I said, Justice must prevail. But we have to understood that justice can't be blind because if that's the case, context will not be taken into account and justice will not have been made.
Except that this case creates a thing called PRECEDENT that could be applied to other people that don't have millions to burn in lawyers. There's a reason why the statue of justice wears a blindfold and why everyone are counted as equal before the law. Using of the justice system as a tool to prosecute your political enemies is frowned upon by any reasonable person.
Which is one of the core problem of the system.
EVERYONE IS NOT EQUAL IN FRONT OF THE LAW
A blindfolded justice is UNJUST by ESSENCE. It doesn't take the sociological context of the infractions and the person into account and therefore creates UNJUST judgments.
That liberal mindset must be stopped. You CAN'T treat a person that is president and hold a IMMENSE power of destruction and canavoid the law more than the common man the same way as any other. Simply because they don't have the same power, the same context and the same reason to do what they do. Its simply UNJUST and a sociological ABERATION.
A blind justice is like a blind doctor.
And right now, the system is not taking the sociological context of people into account, so the system must be reworked.
Although I'm not surprised, still makes me disgusted with you. This is not ok and is actually a human rights
violation. Advocating for human rights violations is not ok in any way, shape or form.
And that is enough of the forum for today. As usual the extremist is always the one that wants to violate human rights.
No, that's actually the opposite. And no one is explaining that we should violate human's rights. What is a problem on the other hand is defending a system that does question the fact that it is putting more black people in Jail than other people.
That kind of system is problematic.
You are disgusted by what I say ? Poor you. The one who are really a danger for humans rights are the ones like you who defend a unjust system and can't understand that power creates a impermability to the law and justice.
So I do understand why you are crying when people who actually do care about doing something JUST are using the system against itself.