There isn't a form of flattery they don't pour into a jury's ear. And some try pleading poverty and giving me hard luck stories. . . . Some crack jokes to get me to laugh and forget I have it in for them. And, if I prove immune to all these, they'll right away drag up their babes by the hand (Casson, 1987, p. 123).
Through legal decision making we seek to avoid the classic errors of convicting an innocent defendant or acquitting a guilty one, or finding liability when there is none or failing to find liability when it is present. Whatever justice may be, surely it is not error (Saks & Kidd, 1980-81, p. 123).
(c) The requisite necessity finding must be case specific. The trial court must hear evidence and determine whether the procedure's use is necessary to protect the particular child witness' welfare; find that the child would be traumatized, not by the courtroom generally, but by the defendant's presence; and find that the emotional distress suffered by the child in the defendant's presence is more than de minimis (p. iii).