(Download) "Confronting Religion: Veiled Muslim Witnesses and the Confrontation Clause." by Notre Dame Law Review " Book PDF Kindle ePub Free
eBook details
- Title: Confronting Religion: Veiled Muslim Witnesses and the Confrontation Clause.
- Author : Notre Dame Law Review
- Release Date : January 01, 2010
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 322 KB
Description
INTRODUCTION On October 11, 2006, Ginnnah Muhammad appeared in Michigan small claims court before District Judge Paul J. Paruk in her suit against Enterprise Rent-A-Car. (1) Muhammad is a practicing Muslim who wears the niqab (hereinafter "veil"), which covers every part of her face except her eyes. (2) The judge asked Muhammad to remove the veil prior to testifying so that he could gauge her reliability and credibility. (3) She refused on religious grounds and Judge Paruk ultimately gave her a choice: remove the veil and continue testifying or continue to refuse and risk having her suit dismissed. (4) Muhammad chose the latter option and her suit was ultimately dismissed. (5) In effect, Muhammad lost her day in court because of her desire to practice an aspect of her religion. This past summer, partially in response, the Michigan Judges Association and Michigan District Judges Association adopted a new statewide rule "giving judges 'reasonable' control over the appearance of parties and witnesses to observe their demeanor and ensure they can be accurately identified." (6)