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LobowolfXXX Inner circle La Famiglia 1196 Posts |
Quote:
On 2007-04-14 22:50, Micheal Leath wrote: Before responding off the top of my head to this one, I contacted a professor I had (at a top law school) for advanced criminal law. He is a former defense attorney, long time law school professor, and acknowledged expert in his field (congressional testimony, consulted on technical questions when the media covers criminal law, etc.) Fortunately, he E-mailed me back right away, so here is the exchange. Brief explanation about his response: "mens rea" refers to the mental state that is required for conviction of any given crime. For example, if I mistakenly walk out of a restaurant with your umbrella, thinking it was mine, which is identical, I have not committed a crime, even though I have committed the act (carrying off your property without permission) that would be a crime had it been my intention to permanently deprive you of it. Some crimes require specific intentions, for example, burglary involves breaking into someone's property with the intent of committing a felony. If a guy breaks into a store intending to steal a computer, that's burglary. If a guy breaks into a store intending to sleep, because he's homeless, that isn't burglary. Even if in both cases, the guy is arrested as soon as he sets foot in the store (so that the computer isn't even touched, let alone stolen), the two have committed different crimes. ok, with that said, here is today's E-mail exchange: (From me): You're my tether to the non-theoretical around here. I have a question about the time you were a defense attorney -- In your estimation, about what percentage of the people who came to you seeking representation were actually innocent? (From him): factually innocent[did not do the act alleged by the charge]-1-3% substantively innocent[did the act but not with the requistie mens rea or had some full affirmative defense of justification or excuse]---30-40%----explanation here-prosecutors overcharge because of plea bargaining system so prosecutors themselves would acknowledge that their charge often does not reflect their own judgment re substantive guilt----example, mercy killing-prosecutors charge 1st degree murder but would be happy with vol manslaughter plea-if we put plea bargaining and initial overcharging practice aside, I would say that about 30% of my clients plead guilty to a crime that was less serious than their true substantive guilt-because of charge bargaining practices legally innocent-prosecution could not prove defs guilt beyond a reas doubt based on legally admissable evidence[so in theory evide unconstit obtained could not be used to support trial conviction] I would say because of plea bargaining, prosecutors can secure guilty pleas on charges that would not have supported legal guilt at trial about 30% of the time these are rough approximations For what it's worth.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley. "...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us." |
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Vandy Grift Inner circle Milwaukee 3504 Posts |
Well, he's getting a small part of what he deserves now. Disbarred and disgraced.(Yet apparently,incredibly, STILL unable ot face the facts.) Funny, now he's being flailed by the very media that helped to fan the flames of controversy. The media is never culpable or held to any sort of standard for their "reporting". Nifong and the media almost came very close to destroying a bunch of lives and deepening the divides between cultures here in America. One of them for political power and the other to sell ewspapers and advertising on their newscasts.
The only reason these guys weren' railroaded right into prison is because the story was so obviously untrue and filled with inaccuracies that nobody who really wanted to see the truth, couldn't.
"Get a life dude." -some guy in a magic forum
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