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Honor defeats change in trial procedure

A proposal to change the speaking order during closing arguments at honor trials was defeated narrowly at last night's Honor Committee meeting.

Under the current system, the counsel for the community gives his or her closing arguments first, followed by the counsel for the accused.

The proposal would have switched the order in which the two counsels speak so that the counsel for the community would speak last.

In a vote, seven Committee members voted in favor of the proposal, seven voted against and four abstained. Because abstentions count against the proposal, the proposal failed.

The proposal was brought forth by Vice Chair for Services Trevor McFadden, who said it would be better to allow the Counsel for the Community to have the last word.

"The honor system not only fails when an innocent student is convicted but when a guilty student is let go, and we all know that happens," McFadden said.

This would prevent the possibility that improper arguments could be used by the counsel for the accused without the chance of rebuttal by the counsel for the community, McFadden said.

"Unlike the counsel for the accused, every counsel for the community is brought up through the honor system," McFadden said.

An accused student has the option of being represented by a counsel from the support officer pool or by any University student. The counsel for the community always comes from the support officer pool.

In his rationale, McFadden also cited the American legal system.

"In the 'real world' the prosecution speaks first and last," McFadden said.

Some members of the Committee spoke against the proposed change, both at Sunday's meeting and when the issue was first discussed at the previous meeting.

"I feel that the student should have the last word," Architecture Rep. Morgan Miles said. "It's their trial; they have more of a consequence."

College Rep. Brock Saunders suggested that another possible solution is more jury training.

As part of the failed proposal, McFadden also suggested that the time given to counsels to make closing arguments be extended from the current limit of five minutes at the discretion of the Trial Chair.

This is already a common practice during trials, McFadden said.

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