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Common Ground Independent Media


Court Order: Abolish the defense's use of 'reputation'

Posted By: CHRIST
Date: Saturday, 24-June-2017 19:46:11

In Response To: Judge's comment on 'Character' (CHRIST)


Reputation, honor, Celebrity, Wealth

The Defendent's reputation is brought up by the 'Defense'
to get prevent hostile witnesses from talking about the
case itself.

They'll cross-examine a hostile witness and spend most of the time leading the witness on how so-and-so is a great guy.

Up until today, the only thing the Prosecution can do is
repeatedly interrupt the attorney-witness conversation to object on some grounds.

Usually the Judges eat the PR stuff up. They love celebrities,
which amounts to being 'prejudicial'.

Correlating reputation with innocence is a logical fallacy.

The Identity Fallacy (also Identity Politics; "Die away, ye old forms and logic!"): A corrupt postmodern argument from ethos, a variety of the Argumentum ad Hominem in which the validity of one's logic, evidence, experience or arguments depends not on their own strength but rather on whether the one arguing is a member of a given social class, generation, ethnic group, gender or sexual orientation, profession, occupation or subgroup. In this fallacy, valid opposing evidence and arguments are brushed aside or "othered" without comment or consideration, as simply not worth arguing about solely because of the lack of proper background or ethos of the person making the argument, or because the one arguing does not self-identify as a member of an "in-group." E.g., "You'd understand me right away if you were Burmese but since you're not there's no way I can explain it to you," or "Nobody but a nurse can know what a nurse has to go through." Identity fallacies are reinforced by common ritual, language, and discourse. However, these fallacies are occasionally self-interested, driven by the egotistical ambitions of academics, politicians and would-be group leaders anxious to make their own careers by carving out a special identity group to the exclusion of existing broader-based identities and leadership. An Identity Fallacy may lead to scorn or rejection of potentially useful allies, real or prospective, because they are not of one's own identity. The Identity Fallacy promotes an exclusivist, sometimes cultish "do for self" philosophy which in today's world virtually guarantees self-marginalization and ultimate defeat. A recent application of the Identity Fallacy is the fallacious accusation of "Cultural Appropriation," in which those who are not of the right Identity are condemned for "appropriating" the cuisine, clothing, language or music of a marginalized group, forgetting the old axiom that "Imitation is the most sincere form of flattery." Accusations of Cultural Appropriation are very often related to competing economic interests. See also, Othering.

I would add 'fallacy' to a list of Valid Objections. At least,
use them in closing arguments to refute the other side's case.

http://utminers.utep.edu/omwilliamson/ENGL1311/fallacies.htm

http://c.ymcdn.com/sites/www.ksbar.org/resource/resmgr/mocktrial/objections_and_processes.pdf

CHRIST


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