problem 3-b - Patrick Welsh Professor Samuel Hodge T/H...

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Patrick Welsh Professor Samuel Hodge T/H 8:40-10:00 March 4, 2008 Homework Problem 3-B 1. According to the rules set forth in State of Louisiana vs. James Lee , it is found to be permissible for the judge to gag Kathy Roberts rather than having her removed because the United States Supreme Court found the follow three avenues constitutionally acceptable for dealing with a disobedient defendant: (1) bind and gag him/her, thereby keeping him/her present; (2) cite him/her for contempt; (3) take him/her out of the courtroom until he promises to conduct himself/herself properly. 2. Each measure has its own pros and cons. The first keeps the defendant quiet and in the courtroom for his/her hearing, but it gives the defendant a negative view in the eyes of the jurors which is nearly impossible to look past when making a decision. The second puts a citation on the defendant, which is very much unwanted and can sway him/her to change their attitude. However, the defendant may look past this and can end up being
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