Re: JC Woman Accuses Murphy Staffer of Rape

Posted by dtjcview on 2018/12/10 11:30:30

K-Lo2 wrote:
Do criminal defendants deserve different rights depending on the charge? That sounds like what I'm hearing.

Think you need to separate things:
1. Is the law constitutional?
2. Does the accused rights change if they are in breach of such a law?

For example, sovereign citizens/travelers believe it's unconstitutional to require license and proof of insurance when operating a vehicle. Are their rights being violated if they're charged with doing so? The prosecution need only prove they broke the law. If the law is badly crafted, it may get tossed by a higher court.

Defendants rights generally don't change. Though rules of evidence can change depending on the charge - as is the case with rape shield laws. And arguably that leads to charge-dependant rights.

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