Come superare il pregiudizio del Giudice?

If you'd like to present your legal case to me, contact me here. http://www.avvocatofrancescodandria.it/ A preconceived notion of guilt weighs heavily on you. How can you overcome the judge's preconceived notion? If you sit as a defendant in a courtroom, will the judge preconceive you? And if so, how can you overcome it? Let's not kid ourselves: preconceived notions are human. And our procedural structure inevitably facilitates the formation of preconceived notions psychologically. The citizen sitting in the dock, despite what the Constitution says about the presumption of innocence, is seen as presumed guilty. Why? Well, he's seen as presumed guilty because an investigation has been conducted, the prosecutor has decided to request a committal for trial, and a judge (called the Preliminary Hearing Judge) has decided to send him to trial. So the prejudice is: if this person is here, in the dock, he or she must have done something. Therefore, a human and inevitable pre-judgement takes root in the mind of the Judge, who must adjudicate, a judgment that comes before the hearing, that is, before the evidence is formed in the cross-examination of the parties before him or her. Let me be clear: we are not saying that Judges are not objective, third-party, and impartial; we are simply saying that the triggering of an automatic prejudice is absolutely human, as it corresponds to a possible conditioned effect. A recent 2013 study highlighted how the formation of a prejudice can influence the Judge's interpretation of the facts. Forensic science has coined the term forenics confirmation bias. That is, the Judge sometimes tends to consider as valid evidence that confirms his own prejudice and toss aside evidence that disconfirms it. A case in point is that of Barry Laugham, who confessed, during an off-the-record interrogation, to robbing and killing his neighbor. The next day, biological tests showed that Laugham had a B blood type, while the blood found in the apartment, belonging to the killer, was type A. Despite this element, which made the suspect's version unreliable, the confession prevailed over the Judge's decision. So the Judge thought: "If Laugham confessed, then it must be true." As any of us would think. The force of the confession was so pervasive that it led experts to develop an impromptu hypothesis, devoid of any scientific basis, to explain the blood type mismatch. The accused was convicted of murder and only after 16 years, thanks to DNA evidence, was he deemed innocent and released from prison. So the question is: how do you dismantle prejudice in the courtroom? The answer comes from the great philosopher Karl Popper, who developed the falsification theory. Don't worry, it's not difficult, and I'll explain this theory in a very simple, non-academic way. Popper explained that for scientific validation, the scientist must not seek confirming evidence but instead seek to invalidate it, that is, he must seek all the evidence that disproves the initial hypothesis. The more that evidence, pardon the expression, "holds up," the more true it will be. Let's take an example and return to the aforementioned case. In the Laugham case, the Judge was convinced of the defendant's guilt based on the confession and tossed away the evidence that exonerated him—namely, that the murderer's blood at the crime scene was not Laugham's. Consequently, the Judge selected that confession, confirming his own prejudice. Well, to disprove that prejudice, the Judge's attention must be drawn to an element that falsifies or disconfirms that prejudice (in this case, the murderer could not have been ours since there were traces of blood belonging to a different blood type at the crime scene). Therefore, the Defense Attorney must select the evidence that disconfirms the prosecution's theory, demonstrating his client's innocence and helping the Judge overcome, if there was one, his human and understandable... prejudice. #CriminalLawyer #JudgeBias #CriminalProceedings ======================================================= Subscribe to my channel here https://www.youtube.com/user/MsDandri... Visit my website here http://www.avvocatofrancescodandria.it