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demenour of people in court

demenour of people in court

Postby megaman » Sun Jul 23, 2017 8:31 pm

I have read a article which discusses an american case in which the jury asked if they could take into consideration the defends demenour while in court.

the judge said they could consider anything they saw in the court room.
the defence team failed to object to this.
he was convicted and appealed claiming this was an erroneous direction by the judge.

The appeal court rejected the appeal on the grounds that the matter was not of sufficient public importance and it should have been delt with at trial by raising an objection.
One comment made by the appeal court judge is that the defendant would never know if or not he was convicted due to anyone's demenour in the court ( which to my implies that he knew this could have been a cause of a miscarriage of justice)

My question is

If that happened in this country what sort of objection could be raised
and
could anything be done about it on appeal IF the judge failed to instruct the jury that they should only consider the evidence presented by the parties?
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Re: demenour of people in court

Postby Smouldering Stoat » Sun Jul 23, 2017 8:48 pm

If you are going to start multiple threads on this topic, please learn how to spell the word "demeanour."

I doubt whether the answer will be very different from those given in your other threads.
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Re: demenour of people in court

Postby atticus » Sun Jul 23, 2017 8:51 pm

I doubt the answer will be any different to when you last asked this question, meggers, on 19 March 2017:

viewtopic.php?f=5&t=7274&p=97609#p96914
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Re: demenour of people in court

Postby megaman » Sun Jul 23, 2017 9:00 pm

sorry i forgot that i asked about the american case before
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