@JTT,
Quote:Well, that was my initial point. It was merely grandstanding for Smith to come up with that bit of nonsense at this point. Noting his position, it's reasonable to assume that he's familiar with a defendant's right to not implicate himself.
Whatever the kid has done, the important thing is for society to follow the process, and Smith is a central part of that process. Grandstanding before the press is never something that a DA should be doing.
What you are calling "that bit of nonsense" is an element of the crime involved--Dedmon's statements indicate his deliberate intention to run Anderson over with his truck, and his verbal comments, both before and after this act, indicate that his selection of a victim was made on the basis of racial bias. Since the D.A. has indicated his intention to prosecute this case as murder as a hate crime, under Mississippi hate crime law, the D.A. is justifying his position to the public and not really engaging in gratuitous "grandstanding".
Sure, a defendant has a "right to not implicate himself", but that's when he's being questioned by law enforcement. Statements the defendant has made to other witnesses, either before or after commission of the crime, can most certainly be used against him. No one has violated his right to remain silent.
Personally, I think the issue of lack of remorse is irrelevant to the crime itself, although it does tend to reinforce other evidence that this was a deliberate act committed with intention and that the victim was deliberately selected on the basis of bias. But, his lack of remorse tells you more about his character than anything else, and it's not his character that will be on trial--it's his actions that will be judged.
Quote:Whatever the kid has done, the important thing is for society to follow the process.
On that I think we do agree. I want to see Dedmon's legal rights fully upheld. The fact that so many people have already viewed that video does raise issues about finding unbiased jurors, although the issue of his guilt for murder is separate from the issue of whether this was a hate crime, and, on the hate crime matter, it may be quite possible to find people without preconceived opinions. Obviously, the whole matter of jury selection is going to be very important in this case, as will be the issue of whether the D.A. is willing to accept a plea deal or force it to go to trial simply to show how Mississippi has progressed and moved away from it's past ugly history of tolerating/enabling racially motivated crimes.