For Immediate Release
Judges Should Not Assume Facts
In a recent case, Traffic Commissioner David Brown assumed that a defendant was reading data on her phone because she was looking at the phone.
Las Vegas, Nevada — September 27, 2023 — Judges should not assume facts because it is unfair to the parties involved and undermines the integrity of the legal system. When a judge assumes facts, they are essentially making a decision without all of the evidence. This can lead to wrongful convictions or acquittals.
In a recent case, Traffic Commissioner David Brown assumed that a defendant was reading data on her phone because it was alleged that she was looking at it. This is a dangerous assumption to make, as there are many other reasons why someone might look at their phone. The judge made this assumption without any evidence to support it.
When the judge assumes these types of facts and finds the defendant guilty, the defendant may be wrongfully convicted. The defendant may also be denied the opportunity to present evidence to support her innocence.
Assuming facts also undermines the integrity of the legal system. When judges assume facts, they are essentially making decisions based on their own personal beliefs and biases, rather than on the evidence. This can lead to a loss of public trust in the judicial system.
[blockquote cite="Joseph Maridon"]We urge judges to always base their decisions on the evidence presented to them in court. Assuming facts is unfair to the parties involved and undermines the integrity of the legal system.[/blockquote]
[divider color="#525252"]Founded in 2009, The Maridon Law Firm is Southern Nevada’s leader in Traffic Citation defense.
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