ICYMI: Bryan Kohberger's Lawyer Argues In Favor Of The Surveys
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ICYMI: Bryan Kohberger's Lawyer Argues In Favor Of The Surveys
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Description
Bryan Kohberger's lawyers and the man in charge of the survey that has caused some chaos were in front of Judge John Judge on Wed (April 10th) explaining themselves and...
show moreThe hearing was contentious at times, with the prosecution not shying away from challenging the survey and claiming that it tainted the jury pool.
Kohberger's team countered that you can't taint what has already been tainted.
So, what is the purpose of the survey and what is the survey intended for?
here's how surveys can be used by defense attorneys to try and change the venue of a trial:
- Identifying Biases: Defense attorneys may commission surveys to gauge the attitudes and biases of potential jurors in the current venue. If the survey reveals a strong bias against the defendant or a predisposition to convict, they can use this data to argue for a change of venue.
- Public Opinion: Surveys can help attorneys understand the prevailing public opinion in the current venue regarding the case. If the survey indicates widespread negative sentiment or preconceptions about the defendant or the circumstances of the case, it can be used as evidence to support the argument for a change of venue.
- Media Influence: Surveys can assess the extent to which media coverage has influenced public opinion in the current venue. If the survey shows that the majority of potential jurors have been exposed to biased or inflammatory media coverage, the defense can argue that it would be difficult to impanel an impartial jury in that venue.
- Comparative Analysis: Attorneys may conduct surveys in multiple potential venues to compare attitudes, biases, and public opinion across different locations. If the surveys reveal that potential jurors in other venues are less biased or more likely to be impartial, the defense can use this data to argue for a change of venue to a location where a fair trial is more likely.
- Expert Testimony: Survey results can be presented in court through expert testimony to support the defense's argument for a change of venue. Experts can interpret the survey data and explain its relevance to the impartiality of the jury selection process.
- Legal Precedent: Defense attorneys can cite legal precedent where changes of venue have been granted based on similar survey evidence. They can argue that granting a change of venue in their case would uphold the principle of fair trial and ensure that the defendant's constitutional rights are protected.
- Court Motion: Ultimately, defense attorneys would submit a motion to the court requesting a change of venue based on the survey evidence and supporting arguments. The judge would then consider the motion, along with any opposition from the prosecution, and make a decision based on the merits of the case and applicable legal standards.
(commercial at 10:13)
to contact me:
bobbycapucci@protonmail.com
source:
Bryan Kohberger defense 'believes firmly' in Idaho stabbing suspect's innocence | Fox News
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Author | Bobby Capucci |
Organization | Bobby Capucci |
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