Looking at
the Rolling Stone article about the Boston bomber the question was raised, “Can
Jahar receive a fair trial?” When I heard the story about Rolling Stone on the
news I formed my opinion before I actually read the article. I assumed, based
on the photo on the cover that the magazine was looking to paint a glamorous
picture of this guy.
After
reading the article that isn't the case. So, under the law, does this article
pose any issues. The author uses a lot of personal accounts from friends and neighbors of the suspect, but how accurate of a picture can we really get from these statements? Criminal law is a balancing act—between making society safe and protecting us all from false accusations and unfair punishment. ( Introduction to Business Law pg 108)
With the publishing of this article, is it possible to for the defendant to receive a fair trail with an unbiased jury. The article paints a grim picture of Jahar's family life and an even darker picture of his family. The author implies that his father was a very angry man, his mother was a religious and his once fun loving older brother that he looked up to, turned into someone that was very religious and controlling. Based on the article, the defense can say that he was afraid of his older brother and that's why he did it. If this is true he cannot be found guilty. A defendant is not guilty of a crime if she was forced to commit it. In other words, she is not guilty if she acted under duress. ( Introduction to Business Law pg 108). The author talks to mostly people in the neighborhood and his friends. Everything that is talked about is the opinion of others based on their observations of the suspect and the side of himself that he allowed others to see. There are no interviews with the family. The defendant can argue that the article has made it impossible to find an impartial jury and he cannot have a trial by jury which is his right. A criminal defendant has a right to a trial by jury for any charge that could result in a sentence of six months or longer. ( Introduction to Business Law pg 109)
With the publishing of this article, is it possible to for the defendant to receive a fair trail with an unbiased jury. The article paints a grim picture of Jahar's family life and an even darker picture of his family. The author implies that his father was a very angry man, his mother was a religious and his once fun loving older brother that he looked up to, turned into someone that was very religious and controlling. Based on the article, the defense can say that he was afraid of his older brother and that's why he did it. If this is true he cannot be found guilty. A defendant is not guilty of a crime if she was forced to commit it. In other words, she is not guilty if she acted under duress. ( Introduction to Business Law pg 108). The author talks to mostly people in the neighborhood and his friends. Everything that is talked about is the opinion of others based on their observations of the suspect and the side of himself that he allowed others to see. There are no interviews with the family. The defendant can argue that the article has made it impossible to find an impartial jury and he cannot have a trial by jury which is his right. A criminal defendant has a right to a trial by jury for any charge that could result in a sentence of six months or longer. ( Introduction to Business Law pg 109)
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