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Tags Ghislaine Maxwell , Jeffrey Epstein , sex trafficking

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Old 18th January 2022, 11:56 AM   #1761
RecoveringYuppy
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Originally Posted by Planigale View Post
Thank you. As I said I do not understand the issue here. If the decision was made by the judge, why was Maxwell's consent needed? I feel I am missing something very obvious. However seems a trivial issue and not worth pursuing any more. Thanks to those who tried to enlighten me.
Maxwell's consent isn't needed. Her motion was just one thing the judge took in to account and it's not clear how much her motion mattered in the first place.
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Old 18th January 2022, 02:34 PM   #1762
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Originally Posted by Arcade22 View Post
Wherein comes the apparently acceptable assumption that self-described victims of sexual abuse are incapable of serving as impartial and objective members of the jury?
.....
Not just sexual abuse. Prospective jurors in a criminal case are asked about any experience they have had with similar crimes, with police officers etc., and if they answer "yes" they may be questioned further about what happened, how long ago, whether they can still be fair and impartial, etc. It is not by itself disqualifying, but simply allows further examination. But answering "no" when it's a lie is a problem.
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Old 18th January 2022, 04:26 PM   #1763
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Originally Posted by Planigale View Post
Thank you. As I said I do not understand the issue here. If the decision was made by the judge, why was Maxwell's consent needed? I feel I am missing something very obvious. However seems a trivial issue and not worth pursuing any more. Thanks to those who tried to enlighten me.
Guiffre filed a defamation suit against Maxwell. A bunch of documents were entered into the docket for that case. Maxwell had a bunch of stuff in those documents redacted by the court. Guiffre later asked to have those documents unsealed with no redaction. Maxwell objected to having some of that information released and judge agreed to not remove all of the redactions due to the pending criminal case against Maxwell. I haven't looked into it in detail, but presumably that was some of that information could have been self-incriminating.

Now that the criminal trial is over, Guiffre is again asking to have the documents unredacted. Maxwell has said she will not object to that request. Maxwell's consent is not needed, but because she was a party to that lawsuit and was the one who asked for the redaction in the first place, she still has a right to object to Guiffre's request. The eight people whose names would be revealed also have a right to object. The judge will then review the objections and determine what will be unsealed.
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Old Yesterday, 02:12 AM   #1764
Arcade22
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Originally Posted by Bob001 View Post
Not just sexual abuse. Prospective jurors in a criminal case are asked about any experience they have had with similar crimes, with police officers etc., and if they answer "yes" they may be questioned further about what happened, how long ago, whether they can still be fair and impartial, etc.
But why is that? Again it's like there's a unstated assumption that self-described victims of a crime are likely to make poor jury members of such cases. It seems really presumptuous and outright insulting.
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Old Yesterday, 03:59 AM   #1765
LondonJohn
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Originally Posted by Bob001 View Post
Not just sexual abuse. Prospective jurors in a criminal case are asked about any experience they have had with similar crimes, with police officers etc., and if they answer "yes" they may be questioned further about what happened, how long ago, whether they can still be fair and impartial, etc. It is not by itself disqualifying, but simply allows further examination. But answering "no" when it's a lie is a problem.

I'm not sure what the precise rules are in federal trials, but in most US jurisdictions, jury selection permits each side a certain number of peremptory challenges. This means that, for example, defence attorneys can reject this number of potential jurors for any reason whatsoever. They don't have to explain why they choose to reject. And over and above this, each side can have a number of "for cause" challenges; in those instances, the attorneys have to explain precisely why they want to exclude this particular juror, and it's up to the trial judge to decide whether the challenge has merit.

So in jury selection for the Maxwell trial, the voir dire and questionnaires for potential jurors were precisely to enable each side to assess which potential jurors they wanted to exclude via peremptory challenge, and which ones they wanted to attempt to exclude via challenge for cause. Had this particular juror truthfully revealed his history as a victim of sexual abuse, it would be a near-certainty that the defence attorneys would either have used one of their peremptory challenges to excuse him, or (if they had already used up their peremptory challenges) they would have attempted a "for cause" dismissal of him.
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Old Yesterday, 09:01 AM   #1766
Bob001
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Originally Posted by Arcade22 View Post
But why is that? Again it's like there's a unstated assumption that self-described victims of a crime are likely to make poor jury members of such cases. It seems really presumptuous and outright insulting.
The obvious intention is to eliminate jurors who might have an axe to grind, whether as crime victims or for any other reason. The goal is to ensure that the defendant gets a fair trial, not that any particular citizen gets to serve on a jury. And most prospective jurors are grateful to be excused. It's not like jury duty is a sought-after prize.
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Old Yesterday, 10:17 AM   #1767
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Originally Posted by Arcade22 View Post
But why is that? Again it's like there's a unstated assumption that self-described victims of a crime are likely to make poor jury members of such cases. It seems really presumptuous and outright insulting.
Show me someone who's insulted by the facts of conscious and unconscious bias and how these biases influence our judgement, and I'll show you someone you probably don't want to dispassionately judge allegations of your guilt.
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