http://slate.com/id/2168758

The logic is that the words are prejudicial, subtly implying that a crime has occurred when that, in fact, is what the trial is trying to determine.

Fair enough. But how do you discuss a rape allegation without using any of those words?

In this case, by using the word "sex". Instead of "he raped me", say "he had sex with me against my will."

Which obscures meaning *and* is arguably prejudicial in the opposite direction, by suggesting that what happened was merely sex, not rape.

Especially because the jury is not told that the words have been excluded, which could conceivably lead them to such logical conclusions as "well, they never described it as rape or sexual assault, so how can I convict someone of sexual assault?"

In a murder case, we don't pretend no one was killed; we either deny that it was intentional or that the accused is actually the one that did it. Surely juries are capable of similar distinctions in sexual assault cases.

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Man up.

It obviously favors the defendant. It would only effect the prosecutor's arguments because only he would use such words to make the defendant to look guilty. The defense would never use such words to describe the incident for the opposite reason.

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WARNING: In the unlikely event of an accidental agreement with any or all points made in the above post, contact a clinical psychologist immediately.

The views expressed in the above post are not necessarily those of Joker and/or any of his affiliates.

"You have found the secret message. Do you have too much time on your hands? ...Let it go."

Yet one more example of how we bend over backwards in this country to protect defendants----at least in some cases. Certainly not in the example of the Duke Lacrosse players.

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"This is a time for a national imperative not to fail in Iraq." Condoleeza Rice, January 11, 2007

That's just so sad. The judge should never restrict the witness in such a manner. Witnesses take an oath to tell the truth. They should be free to use the words that best suits them.

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Do you know what it's like to fall in the mud and get kicked... in the head... with an iron boot? Of course you don't, no one does. It never happens. It's a dumb question... skip it.