Legal Question in Criminal Law in Nebraska

Re: Gag order

The DA files charges when there is a reasonable basis to believe a crime has been committed and that the defendant is guilty of the charge. The judge instructs the jury as to what the law is and how to apply it to the facts. The judge also decides what evidence may or may not be presented to the jury for their consideration based on the rules of evidence to ensure that only reliable evidence is considered. The jury hears all of the evidence, weighs the reliability of the evidence, and applies the relative evidence to the law according to the judges instruction. If a mistake is made by the judge or jury during the trial which may have had an impact on the verdict, the case may be appealed to a higher court. In this case, the judge has determined that allowing the alleged victim to use the words "rape" or "sexual assault" is presuming the truth of the charges the court has convened to hear. The words add nothing to the reliability of the testimony and may serve to prejudice the jury by inflaming their passions, anger, or fears. This case is somewhat unique because the trend of the courts for quite some time has been to protect the accuser in a rape trial from being subjected to invasive questioning by counsel for the defense. This trend has created a situation in the courts that makes it very difficult for someone who has been accused of rape to defend themselves. There have been a number of incidences recently where convicted rapists have been subsequently cleared of any wrong doing based on DNA testing. The American public, as a whole, finds the idea of putting an innocent person in prison for a crime they did not commit to be a horrible injustice. It isn't just the time the individual spent living under prison conditions, but rather collateral penalties. Those convictions resulted in divorces, children being raised without a father, careers ended, and the lingering suspicions some people will keep even after the person has been cleared. It is difficult to form any system which will be fair to all parties under all circumstances; but that is the intent of the justice system as it tries to adjust its own position.