Drewbot
Philosopher
- Joined
- Sep 13, 2007
- Messages
- 7,719
Aren't there some limits on what the defense can do? Suppose he did smoke pot (about which there is dispute)? So what? What does that have to do with the matter at hand? Can the defense really say "This was a bad guy, no loss to the world, she did the community a favor..."? Yeah, we know all about blame the victim, but he did NOTHING to contribute to his death. Even pro-police jurors wouldn't swallow that, right?
The only way that it can be admitted, would be if they can get a toxicologist to say that when he has 'x' levels of THC he might not respond rationally to commands, or something like that.
Also, if the marijuana was tested and laced with something, they would be able to explain that with regard to his response to commands.
Still, they would have to put her on the stand to see what she said happened, and I don't think they want to do that.