Loaded Words in the Court

Has this happened in your court? Has the court prohibited witnesses or victims from saying certain words? A short list in a June 16, 2008, article in law.com includes the following:

 

rape

victim

crime scene

homicide

drunk

victim

murderer

killer

 

Some attorneys call them “loaded words” and say that they conflict with the “presumption of innocence” in the jury’s eyes. Other attorneys object to the practice, saying preventing witnesses and victims saying certain words censors them.

 

You can read the article here: “Courts Putting Hot-Button Words on Ice.” (http://lawprofessors.typepad.com/crimprof_blog/2008/06/courts-putting.html)

 

(Another interesting take on this is at a language blog at http://languagelog.ldc.upenn.edu/nll/?p=259#more-259).

You can comment on this below or e-mail me at jschmidt@ncrahq.org.


Posted Jul 02 2008, 02:51 PM by Jacqueline Schmidt

Comments

Angela Little wrote re: Loaded Words in the Court
on 07-04-2008 10:20 AM

Yes, this has happened in my court here in Michigan.  My judge will not allow the word "victim."  They're the "complainant."    I have had attorneys object all through the proceedings about the word "victim" being used, from opening statements to closing statements.   From reading the articles, now I understand why.

Jacqueline Schmidt wrote re: Loaded Words in the Court
on 07-07-2008 12:31 PM

Thanks for posting, Angela. I was surprised when I first saw the article, and I was curious is anyone had seen it in action.

Jacki

Nancy Fox wrote re: Loaded Words in the Court
on 08-04-2008 7:02 PM

I posted something on the forum similar to this.  Words are powerful.  I personally hate the word victim.  Synonyms are casualty, chump, dupe, fatality, fool, goat, gull, patsy, prey, pushover, sacrifice, scapegoat, stooge, sucker, sufferer, underdog.  It's like adding insult to injury.

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