# Courtroom 101: things defendants shouldn't do

**URL:** <https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [February 6, 2013, 3:49am UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453 "2013-02-06T03:49:52Z")\
**Posts on this page:** 20\
**Page:** 5

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**Author:** ![captainhurt](https://avatars.discourse-cdn.com/v4/letter/c/f08c70/32.png) [@captainhurt](https://boards.straightdope.com/u/captainhurt)\
**Post date:** [February 8, 2013, 3:56pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/81 "2013-02-08T15:56:56Z")

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A judge is a “public servant” payed by taxes from the people and is given power(probably more than they need) based on percieving his ability to wield it in the most limited fashion necessary. His limited role is to interpret the law, not employ “nya nya i win” power tripping attacks on a citizen, disrestpectful or not. The appropriate response to name-calling is “sticks and stones may break my bones, but names will never hurt me…NEXT case please.”

> [@Chimera](#):
>
> Except that if this is her attitude to an authority figure that has the power to imprison her, imagine what her attitude is to everyone else. I consider this (jailing her for 30 days) to be an act of benefit to her and to society at large. While I doubt that she’ll learn much from it, she does at least have the opportunity to learn that she’s being a collosal arrogant dumbass and she aught to stop it.

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**Author:** ![captainhurt](https://avatars.discourse-cdn.com/v4/letter/c/f08c70/32.png) [@captainhurt](https://boards.straightdope.com/u/captainhurt)\
**Post date:** [February 8, 2013, 4:08pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/82 "2013-02-08T16:08:27Z")

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We see in the majority responses a sadistic tendency to wholeheartedly enjoy watching the execution of a public servant’s power over a citizen, of watching “the bad guy get it.”, This sick culture is excercised daily by hollywood’s violent tripe, where if the protagonist gets shot, the camera dwells for minutes in a weepy music scene. When the protagonist shoots up dozens of people, we see a celebretation of hi-fives and smiles.  
Try to stop watching that crap and see thru all the hate and emotion.

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**Author:** ![leftfield6](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/leftfield6/32/18780_2.png) [@leftfield6](https://boards.straightdope.com/u/leftfield6)\
**Post date:** [February 8, 2013, 4:16pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/83 "2013-02-08T16:16:37Z")

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Her choice of words, her tone of speech, and her body language all work together to, IMHO without question, imply a disrespectful attitude. Probably how she talks to her fellow teens. But you don’t get to talk to a judge the same way you talk to your peers. That’s just how it is.

Doesn’t matter whether she was disrespectful from intent, or just from cluelessness. Matters not.

30 days in the hole. Next.

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**Author:** ![JoseB](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/joseb/32/1530_2.png) [@JoseB](https://boards.straightdope.com/u/JoseB)\
**Post date:** [February 8, 2013, 4:17pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/84 "2013-02-08T16:17:26Z")

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> [@captainhurt](#):
>
> We see in the majority responses a sadistic tendency to wholeheartedly enjoy watching the execution of a public servant’s power over a citizen, of watching “the bad guy get it.”, This sick culture is excercised daily by hollywood’s violent tripe, where if the protagonist gets shot, the camera dwells for minutes in a weepy music scene. When the protagonist shoots up dozens of people, we see a celebretation of hi-fives and smiles.  
> Try to stop watching that crap and see thru all the hate and emotion.

FWIW, I don’t particularly enjoy watching Hollywood movies and I don’t watch TV. But I am 100% behind the decision of the judge, and I think that the girl got a (possibly overdue) wake-up call regarding how one should or should not behave in certain places, and how one should or should not address people. Especially people with legitimate and legally-vested authority.

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**Author:** ![Laggard](https://avatars.discourse-cdn.com/v4/letter/l/9de053/32.png) [@Laggard](https://boards.straightdope.com/u/Laggard)\
**Post date:** [February 8, 2013, 4:51pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/85 "2013-02-08T16:51:25Z")

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First she said he was funny. I assume it was his accent that she found funny. It’s annoying and rude to have someone laugh at you when you are trying to be serious.

The she refuses to answer his question as to the worth of the jewelry.

Then the adios which was not meant as a polite goodbye but as a sarastic remark.

I simply don’t understand why someone would act like this in front of a judge. It boggles the mind it does.

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**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\
**Post date:** [February 8, 2013, 5:13pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/86 "2013-02-08T17:13:54Z")

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> [@Laggard](#):
>
> I simply don’t understand why someone would act like this in front of a judge.

I get the feeling that she gets away with a lot of things because she is pretty. Plus, she may still have been wasted.

Regards,  
Shodan

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [February 8, 2013, 5:36pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/87 "2013-02-08T17:36:19Z")

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> [@Maastricht](#):
>
> Will the 30 days in jail go on her permanent record? In the Netherlands, having a record is a big deal. You can’t get a government job, for instance. (or so I heard, anyway). Will these 30 days be an obstacle for this woman for the rest of her life?

> [@Acsenray](#):
>
> She’ll have a conviction for criminal contempt of court on her record. And then there’s also the distinct possibility that she’ll also end up with a conviction for illegal possession of a controlled substance – in this case, a prescription drug.

I believe this would fall under civil contempt not criminal contempt. In order for there to be a conviction for criminal contempt there would have to be a trial with an impartial judge. But different state so I’m not 100% sure.

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**Author:** ![Musicat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/musicat/32/20189_2.png) [@Musicat](https://boards.straightdope.com/u/Musicat)\
**Post date:** [February 8, 2013, 5:39pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/88 "2013-02-08T17:39:28Z")

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> [@Acsenray](#):
>
> She’ll have a conviction for criminal contempt of court on her record. And then there’s also the distinct possibility that she’ll also end up with a conviction for illegal possession of a controlled substance – in this case, a prescription drug.

Items like this are often struck upon appeal or due to a plea bargain. She appeared in court the following day and (with a lawyer) requested a drug treatment program. The judge (a different one, and much more level-headed) said if she complied, her record would be expunged.

Although she was much more subdued this time, she couldn’t stop twirling her hair. I think it’s just a nervous habit and possibly subconscious.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [February 8, 2013, 5:50pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/89 "2013-02-08T17:50:26Z")

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> [@Shodan](#):
>
> I get the feeling that she gets away with a lot of things because she is pretty. Plus, she may still have been wasted.
> 
> Regards,  
> Shodan

You can throw stupid and spoiled in there as well. Many other ways to characterize it.

Also to some extent a victim of society’s rewards for such outlandish behavior in recent times. She could cash in on this notoriety, poor girl.

And I had forgotten my own experience in a Dade County courtroom oh so long ago where I was flippant before a judge at arraignment. He ignored it. But the courtroom was filled with others hauled in _en masse_, so it wasn’t quite the same situation.

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**Author:** ![Sailboat](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/sailboat/32/461_2.png) [@Sailboat](https://boards.straightdope.com/u/Sailboat)\
**Post date:** [February 8, 2013, 6:05pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/90 "2013-02-08T18:05:34Z")

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> [@Loach](#):
>
> I believe this would fall under civil contempt not criminal contempt. In order for there to be a conviction for criminal contempt there would have to be a trial with an impartial judge. But different state so I’m not 100% sure.

On the video, the judge says “I find you in direct criminal contempt” just before giving her 30 days. I just re-watched it.

Of course he could be overreaching; I don’t know the law. But he said “criminal” anyway.

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [February 8, 2013, 6:11pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/91 "2013-02-08T18:11:16Z")

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> [@Loach](#):
>
> I believe this would fall under civil contempt not criminal contempt. In order for there to be a conviction for criminal contempt there would have to be a trial with an impartial judge. But different state so I’m not 100% sure.

Sanctions for civil contempt are coercive and based on trying to make a person to comply with an order to benefit the other party, such as producing evidence. The sanction is conditional and the person being sanctioned has it within his or her power to end it by complying.

Sanctions for criminal contempt are punitive and based on punishing someone for showing disrespect to the court’s authority. These sanctions are not conditional and there is nothing the person can do except serve out the punishment.

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**Author:** ![SciFiSam](https://avatars.discourse-cdn.com/v4/letter/s/47e85d/32.png) [@SciFiSam](https://boards.straightdope.com/u/SciFiSam)\
**Post date:** [February 8, 2013, 7:56pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/92 "2013-02-08T19:56:09Z")

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> [@Musicat](#):
>
> Items like this are often struck upon appeal or due to a plea bargain. She appeared in court the following day and (with a lawyer) requested a drug treatment program. The judge (a different one, and much more level-headed) said if she complied, her record would be expunged.
> 
> Although she was much more subdued this time, she couldn’t stop twirling her hair. I think it’s just a nervous habit and possibly subconscious.

Yeah - twirling your hair could be trying to appear sexy, or it could just be a nervous habit. A teenager in court is probably nervous.

Regarding the tone of voice, if she’d walked out saying “buh-BYE!” in dismissive tones, is that really worth another five grand?

Her behaviour after that was obviously stupid and wrong and there was no way the judge could have let her get away with it, but she’s 18 and this seems to be a criminal charge. That’s a lot to have hanging over you for life. I hope her record is expunged.

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [February 8, 2013, 9:08pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/93 "2013-02-08T21:08:38Z")

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> [@SciFiSam](#):
>
> is that really worth another five grand?

Just to be clear, we’re talking about setting bail at $10,000. Generally, you have to come up with 10 percent cash to get a bail bondsman to put up your bail. When you appear for court, the bondsman gets back his money. So in increasing bail from $5,000 to $10,000, the judge was changing her cash expense from $500 to $1,000. And if she had enough jewelry to impress Rick Ross, then maybe she could have pawned a few baubles to come up with that.

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**Author:** ![Pine\_Fresh\_Scent](https://avatars.discourse-cdn.com/v4/letter/p/43a26b/32.png) [@Pine\_Fresh\_Scent](https://boards.straightdope.com/u/Pine_Fresh_Scent)\
**Post date:** [February 8, 2013, 9:12pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/94 "2013-02-08T21:12:18Z")

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Follow up video [here](http://www.youtube.com/watch?v=owWLg7uHnsk). A different judge offers to dismiss the case if Miss Soto completes a drug program. I don’t know if she served any of the 30 days, but she’s much better behaved this time.

Oops, just noticed **Musicat** covered this above, but the link’s still good to watch.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [February 8, 2013, 9:15pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/95 "2013-02-08T21:15:05Z")

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I am actually okay with this sort of thing (excepting the idea that it’s a criminal charge. This is contempt of court, right? A concept justified by the fact that it is not a criminal punishment, else you’d have to have a trial?), but that’s because I would be okay with the same thing happening out in the real world. But I don’t understand people who make a huge deal about the first amendment meaning they can be huge assholes to everyone, yet somehow change this when a courtroom is involved. If the argument works in general, it’s going to work in that specific situation. If respect is something you don’t need in every day life, then a judge doesn’t need it either to do his job.

What she did was horribly rude, but there was nothing actually disruptive about it. The court session would have went off exactly the same had she either not done it or the judge just didn’t make a big deal about it. It’s disingenuous to imply that the courtroom would have devolved into pandemonium because of her or anyone else’s rudeness. There is no reason to punish her other than the fact that the judge was offended.

There is a case that can be made that disruptions need to be punished in some fashion to prevent their later occurrence. But this wasn’t a disruption. It was disrespect. And if the rest of us have to put up with it, so should judges.

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [February 8, 2013, 9:43pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/96 "2013-02-08T21:43:15Z")

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> [@Crotalus](#):
>
> **Bo** , have you read the post above by **JoseB**? Doesn’t a Spanish-speaker’s opinion on the tone of what she said carry any weight for you?

I did read **JoseB** post. While I don’t disregard his opinion, it’s not enough to convince me that the judge wasn’t being an asshole re: adios. I just don’t hear the same tone in those two syllables, and no, I don’t think disdain or disrespect are linguistically or culturally unique such that a non-Spanish speaking person wouldn’t pick up the same cues, especially not with regard to such a commonly known word/phrase.

BTW, I grew up in South Florida, surrounded by native Spanish-speakers (like my step-sister).

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**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\
**Post date:** [February 8, 2013, 9:52pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/97 "2013-02-08T21:52:58Z")

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> [@Pine\_Fresh\_Scent](#):
>
> Follow up video [here](http://www.youtube.com/watch?v=owWLg7uHnsk). A different judge offers to dismiss the case if Miss Soto completes a drug program. I don’t know if she served any of the 30 days, but she’s much better behaved this time.
> 
> Oops, just noticed **Musicat** covered this above, but the link’s still good to watch.

She is much better behaved. So is this judge. That right there was some good court time and IMO an example of how the system and the people who operate it should work.

Thanks for providing the link and thanks to **Musicat** for letting us know about it as well.

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**Author:** ![Ace309](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ace309/32/1050_2.png) [@Ace309](https://boards.straightdope.com/u/Ace309)\
**Post date:** [February 8, 2013, 10:00pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/98 "2013-02-08T22:00:33Z")

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> [@captainhurt](#):
>
> We see in the majority responses a sadistic tendency to wholeheartedly enjoy watching the execution of a public servant’s power over a citizen, of watching “the bad guy get it.”, This sick culture is excercised daily by hollywood’s violent tripe, where if the protagonist gets shot, the camera dwells for minutes in a weepy music scene. When the protagonist shoots up dozens of people, we see a celebretation of hi-fives and smiles.  
> Try to stop watching that crap and see thru all the hate and emotion.

Well, that was bizarre.

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**Author:** ![VinylTurnip](https://avatars.discourse-cdn.com/v4/letter/v/b2d939/32.png) [@VinylTurnip](https://boards.straightdope.com/u/VinylTurnip)\
**Post date:** [February 8, 2013, 10:34pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/99 "2013-02-08T22:34:55Z")

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> [@Ace309](#):
>
> Well, that was bizarre.

I suspect the intrepid Captain has toted that hammer around for some time before it landed on this would-be nail.

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**Author:** ![twickster](https://avatars.discourse-cdn.com/v4/letter/t/ec9cab/32.png) [@twickster](https://boards.straightdope.com/u/twickster)\
**Post date:** [February 8, 2013, 11:55pm UTC](https://boards.straightdope.com/t/courtroom-101-things-defendants-shouldnt-do/649453/100 "2013-02-08T23:55:31Z")

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**Vinyl Turnip** , enough. You’re in MPSIMS, not the Pit. Knock it off.

**twickster** , MPSIMS moderator

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