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  1. Adriano_CSI's Avatar
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    #1

    Neer states in cases of child abuse, when the crime occurred in the home,

    - Ms. Kibre.
    - Your Honor,

    - Neer states in cases of child abuse,
    when the crime occurred in the home,

    prior injuries are relevant in establishing
    that the death was not accidental.

    Mr. Betts, I assume you want to be heard on this.


    Yes, Your Honor.


    -Admission of further injuries would lead to
    juror confusion and be prejudicial to my client.

    - You wanna give me some cases, Mr. Betts?

    - Well, obviously, the Neer case.

    - The case that Ms. Kibre just cited?

    What does "Neer" mean in this context? It appears twice in this context.


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    #2

    Re: Neer states in cases of child abuse, when the crime occurred in the home,

    Quote Originally Posted by Adriano_CSI View Post
    - Ms. Kibre.
    - Your Honor,

    - Neer states in cases of child abuse,
    when the crime occurred in the home,

    prior injuries are relevant in establishing
    that the death was not accidental.

    Mr. Betts, I assume you want to be heard on this.


    Yes, Your Honor.


    -Admission of further injuries would lead to
    juror confusion and be prejudicial to my client.

    - You wanna give me some cases, Mr. Betts?

    - Well, obviously, the Neer case.

    - The case that Ms. Kibre just cited?

    What does "Neer" mean in this context? It appears twice in this context.
    Hey! Hi, Big A!

    "Neer" is a person's last name, a person who was involved in a case of child abuse.

    "Neer states" is shorthand for: "the judge's decision in the case of Neer v (whoever) states that ..."

    The decision that was finally reached (by the Supreme Court) in the case of Neer v. the State of Alabama was that "evidence regarding prior injuries to the child can be shown to the jury because it actually is relevant to deciding if a child's death was accidental."

    So presumably there was a Mr. Neer who was convicted of abusing his child until she died. He appealed his conviction, claiming that the prosecution had made an illegal error when they showed the jury evidence of previous injuries to the child.

    His case travels up the Courts of Appeal under the title "Neer v. (some agency or organization, such as a state or a District Attorney)" The v. part stands for "versus" but it's usually just pronounced "vee" in this case.

    One of the most famous cases titled like that is Roe v. Wade (pronounced Row vee Wade) regarding abortion. The case is often referred to as "Roe," like this: "The political climate in the US may have changed since Roe, but many other factors have remained the same."
    Last edited by Ann1977; 28-Oct-2009 at 02:17.

  2. Adriano_CSI's Avatar
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    #3

    Re: Neer states in cases of child abuse, when the crime occurred in the home,

    Thank you. You're so smart, what would I do without you, Ann? LOL

    Why "cases" in this sentence "Neer states in cases" has a "s" ?
    Last edited by Adriano_CSI; 28-Oct-2009 at 03:36.


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    #4

    Re: Neer states in cases of child abuse, when the crime occurred in the home,

    Quote Originally Posted by Adriano_CSI View Post
    Thank you. You're so smart, what would I do without you, Ann? LOL

    Why "cases" in this sentence "Neer states in cases" has a "s" ?

    That's the wrong way to divide the sentence up. Here it is:

    Neer states that -- in all cases of child abuse when the crime occurred in the home -- prior injuries are relevant in establishing that the death was not accidental.

    Here is what Neer states: In all the cases where the crime occurred in the home, prior injuries are relevant.



    FYI -- the reason that showing evidence of previous injuries was controversial is that generally the prosecution is not allowed to drag in previous crimes. If a person is on trial for burglary, the DA can't tell the jury that he'd been convicted of burglary before. The reason for this decision is that the Supreme Court decided that the "prejudice" against him (that it would make the jury feel) was stronger than its "evidence" value.

    However, there are exceptions. If the DA can show a "pattern" or something like that -- in cases of serial murder, maybe.... And I guess in cases like Neer's, as well.
    Last edited by Ann1977; 28-Oct-2009 at 07:08.

  3. Adriano_CSI's Avatar
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    #5

    Re: Neer states in cases of child abuse, when the crime occurred in the home,

    So is it usual that D.A cites somebody's case in the court?

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    #6

    Re: Neer states in cases of child abuse, when the crime occurred in the home,

    Yes- in common law systems, cases can establish a precedent and become a standard for other similar cases in the future, so cases are quoted, either to show that the case being heard is the same, or to distinguish it so that the rule doesn't apply.

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