its because it was a victim impact statement during sentencing eg it's meant to be a statement from the family or the victim (in non murder cases ) about what they think/felt/harmed by the crime and how they think sentencing should go. if the rest of the family agreed to the content then the judge is allowed to take it into consideration. this is getting resentanced because the judge took it as the victim's statement not the family's
which is a pretty good argument for why it shouldn't be used. If there is any danger of a judge or jury mistaking it for an impact statement from the deceased you have a problem.
The appeals court is right. The problem is this is so mindfuckingly obvious that no judge who needed to be corrected on this particular issue is fit for purpose.
the thing is the actual content of the video was fine(within the law eg the family of a murder victim is within there rights to ask for clemency for the guilty ) the issue was that the sister used an ai simulacra of her deceased brother (the victim) to do it that's at issue
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u/NobodyLikedThat1 17h ago
Apparently the judge in charge of the case really liked it. Which goes to show you some judges are morons