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Bring out your dead

Posted by David FG on September 02, 2004

In Reply to: Bring out your dead posted by Lewisthelawyer on September 02, 2004

: : : Is anyone familiar with the term "reading" from such sentence-We waive reading of ridicious charges.

: : : Thank you from my heart.

: : It is quite literal.
: : When someone is arrested they are put in a holding pen until the next day when they are officially charged with the crime.
: : Appearing before a judge, the defendant can request that the details of the crime NOT be read aloud in the courtroom before nosy onlookers and newspaper people.

: That comment can only be applied to some jurisdictions - usually it is part of 'habeas corpus' that the name and charges are stated out loud. Restrictions of the publication of such details are a different matter however.

: BTW 'habeas corpus' (to have the body) does not mean 'bring out your dead' or anything even more unsavoury - it is the right of the citizenry to only be subject to lawful detention and not be spirited away by the executive.

I don't know about any jurisdictions other than the Irish and English, but in both of these, the accused can, under absolutely no circumstances, insist that his name or other basic details be withheld. He(or she, obviously)can insist that restrictions are placed on what the press can report (which basically means that all that can be reported are his/her name, address, age, and the offence with which he/she is charged.)

Only the state, through the prosecution, can impose other restrictions upon reporting on the grounds of national security or to protect minors, women (and now men) in rape cases, victims of alleged blackmail, and so on.

This is a very simplified summary of the law as I understand it, as it applies in the two systems of which I have any knowledge.

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