4 ms·
I've served on a jury in one criminal case, and watched the beginning of another case without being on the jury. One thing that stood out was how few objections
by maxlybbert 11y ago
I've served on a jury in one criminal case, and watched the beginning of another case without being on the jury. One thing that stood out was how few objections ever included a reason, and the ones that did were usually described in one word: attorney: "objection," judge: "sustained"/attorney: "objection, speculation," judge: "overruled." It felt mechanical. Based on how quickly the judges ruled, it was obvious they knew what the objection would be before the attorneys opened their mouths. I would be OK if the judge were to accept responsibility of allowing only acceptable questions, especially since the judge decides what's acceptable. Please note, I have no idea if a judge can accept that responsibility in an immigration hearing; but if they could, I would be fine with it.
The obvious danger, in a criminal hearing, would be for the accused to say something that they weren't required to say, and that hurt their case. That is one obvious reason people have a right to an attorney. I don't know enough about immigration law to say whether that's a possibility. In a criminal case, you have a right to remain silent. You don't have that right in a civil case (you can punished for contempt, and the judge is allowed to assume the reason you want to remain silent is that the truth would hurt your case ( https://en.m.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution#Refusal_to_testify_in_a_civil_case https://en.m.wikipedia.org/wiki/Fifth_Amendment_to_the_Unite... )). I have no idea if you have the right to remain silent in an immigration hearing, but it wouldn't surprise me if the right is severely limited. If you have a right to remain silent in an immigration hearing, then it would be impossible to guarantee a fair hearing without providing an attorney.