Create Travis Alexander's Law: Stop Allowing Highly Prejudicial Claims Against Murder Victims Without Evidence

The Issue

Defamatory, prejudicial and malicious claims about a murder victim should not be permitted by a defendant if clearly unsubstantiated and not directly related to a defense; particularly if the defendant has been proven to have made false statements previously.

Claims of a highly prejudicial nature should only be allowed if:  a) substantiated by corroborating evidence and/or b) directly related to a defense; not as a means to tarnish the image of the victim in the eyes of the jury in an effort to sway their opinion.

In the case of Arizona vs. Jodi Arias, the defendant has made countless unsubstantiated claims, including a highly prejudicial and malicious claim that Alexander viewed child pornography on January 21, 2008, five (5) months prior to his murder. This should never have been allowed for the following reasons:

1.  The police searched Alexander's entire home, computer, cell phone and vehicle. No evidence of any such material was found. There were no other witnesses to any such behavior, or even suspected behavior, other than the accused. 

2.  The alleged incident supposedly occurred on January 21, 2008, nearly five (5) months before Arias killed Alexander. It was completely unrelated to Arias' self defense claim. She fabricated this event in order to tarnish the victim in the eyes of the jury.

3.  Arias has repeatedly lied to police, family, colleagues and friends regarding the murder of Travis Alexander. This has been proven and Arias has confessed to lying to "everyone". Given the circumstances, such a heinous claim against the victim should have only been allowed if supported by some form of corroborating evidence.

In addition, evidence of the accused's character is usually inadmissible because of the bias it could create, yet claims against a victim's character is allowed - even without a shred of evidence. The right to a fair trial should apply to the victim as well as the defendant. Biased and fabricated claims against a victim is not fair.

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Travis Alexander's LawPetition StarterSLANDER SHOULD APPLY TO MURDER VICTIMS AND IT SHOULD BE CONSIDERED ILLEGAL: slander n. oral defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit. Damages (payoff for worth) for slander may be limited to actual (special) damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove. Some statements such as an untrue accusation of having committed a crime, having a loathsome disease, or being unable to perform one's occupation are treated as slander per se since the harm and malice are obvious, and therefore usually result in general and even punitive damage recovery by the person harmed.
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The Issue

Defamatory, prejudicial and malicious claims about a murder victim should not be permitted by a defendant if clearly unsubstantiated and not directly related to a defense; particularly if the defendant has been proven to have made false statements previously.

Claims of a highly prejudicial nature should only be allowed if:  a) substantiated by corroborating evidence and/or b) directly related to a defense; not as a means to tarnish the image of the victim in the eyes of the jury in an effort to sway their opinion.

In the case of Arizona vs. Jodi Arias, the defendant has made countless unsubstantiated claims, including a highly prejudicial and malicious claim that Alexander viewed child pornography on January 21, 2008, five (5) months prior to his murder. This should never have been allowed for the following reasons:

1.  The police searched Alexander's entire home, computer, cell phone and vehicle. No evidence of any such material was found. There were no other witnesses to any such behavior, or even suspected behavior, other than the accused. 

2.  The alleged incident supposedly occurred on January 21, 2008, nearly five (5) months before Arias killed Alexander. It was completely unrelated to Arias' self defense claim. She fabricated this event in order to tarnish the victim in the eyes of the jury.

3.  Arias has repeatedly lied to police, family, colleagues and friends regarding the murder of Travis Alexander. This has been proven and Arias has confessed to lying to "everyone". Given the circumstances, such a heinous claim against the victim should have only been allowed if supported by some form of corroborating evidence.

In addition, evidence of the accused's character is usually inadmissible because of the bias it could create, yet claims against a victim's character is allowed - even without a shred of evidence. The right to a fair trial should apply to the victim as well as the defendant. Biased and fabricated claims against a victim is not fair.

avatar of the starter
Travis Alexander's LawPetition StarterSLANDER SHOULD APPLY TO MURDER VICTIMS AND IT SHOULD BE CONSIDERED ILLEGAL: slander n. oral defamation, in which someone tells one or more persons an untruth about another which untruth will harm the reputation of the person defamed. Slander is a civil wrong (tort) and can be the basis for a lawsuit. Damages (payoff for worth) for slander may be limited to actual (special) damages unless there is malicious intent, since such damages are usually difficult to specify and harder to prove. Some statements such as an untrue accusation of having committed a crime, having a loathsome disease, or being unable to perform one's occupation are treated as slander per se since the harm and malice are obvious, and therefore usually result in general and even punitive damage recovery by the person harmed.

The Decision Makers

Marie A. O'Rourke
Marie A. O'Rourke
Victims' Rights Ombudsman, Executive Office for United States Attorneys

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