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LobowolfXXX Inner circle La Famiglia 1196 Posts |
And perjury charges, potentially.
"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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LobowolfXXX Inner circle La Famiglia 1196 Posts |
BTW, there are limitations on a defense attorney's defense of a client he knows to be guilty. For instance, if an attorney knows that his client committed the crime, but the accused's girlfriend is willing to alibi him, the attorney can't call the girlfriend to the stand for her to testify that he was with her on the night of the crime. He also can't call the defendant to the stand if he expects the defendant will say that he didn't do it.
"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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Dannydoyle Eternal Order 21219 Posts |
They can not willingly and knowingly allow a witness to commit perjury which is a crime.
Danny Doyle
<BR>Semper Occultus <BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell |
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
Aces-
There is no such standard of proof as "beyond a shadow of a doubt," although you keep using that phrase. |
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Salguod Nairb Room 101 0 Posts |
Every American citizen has the right to a trial regardless of how much a scumbag they may be. It's like the Larry Flint movie/case.
We shall meet in the place where there is no darkness...
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
It should be obvious that if you can convict on illegally obtained evidence, you would also be able to convict on PLANTED evidence, as there would be no need for the State to prove how the evidence was obtained.
Danny is right. It's amazing how some people would just throw away fundamental constitutional protections. What will you do when you are charged with criminal possession of heroin that someone had planted in your pocket and that you didn't know was there and that the cops found when they entered your house without a search warrant and did an illegal pat down on you? (If you think it's never happened, you're wrong.) You might want to consider a good defense lawyer. |
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S2000magician Inner circle Yorba Linda, CA 3465 Posts |
Quote:
On Aug 26, 2014, mastermindreader wrote: Bob: Considering the actual legal standard, is there any codification of which doubts are reasonable and which aren't, or is that left to the judgment of each individual juror? |
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
Of course there are still plenty of folks who think that if you get charged with a crime, you're probably guilty. Good thing the defense attorneys at the Innocence Project know better:
Quote:
DNA Exonerations Nationwide http://www.innocenceproject.org/Content/......ide.php# If some of the folks on this thread had their way, most of these guys would still be in prison, dead, or convicted without the benefit of an attorney. |
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Salguod Nairb Room 101 0 Posts |
Oh, and never take a polygraph. If you pass it won't stop them from continuing the investigation, and if you fail it can give provable cause to get a warrant.
We shall meet in the place where there is no darkness...
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slowkneenuh Regular user After 5,278+ posts, only credited with 133 Posts |
Ah, the beauty of one-sided statistics. Unfortunately I cannot find one available that says how many guilty go free which I am certain far exceeds any convicted innocents. By the way I loved the concept behind the movie The Star Chamber.
John
"A poor workman always blames his tools" |
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LobowolfXXX Inner circle La Famiglia 1196 Posts |
Quote:
On Aug 26, 2014, slowkneenuh wrote: If you had to choose between an innocent person and a guilty person both going free or both going to prison, which would you pick?
"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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slowkneenuh Regular user After 5,278+ posts, only credited with 133 Posts |
A more realistic question would be would you rather have 100 guilty people go free or an innocent man convicted. My answer; I would have to give my apologies to the innocent man as he went off to jail while promising to assist him in getting the decision reversed. In the meantime I am sleeping better at night knowing true criminals are locked up.
John
"A poor workman always blames his tools" |
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mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
Instead of going to prison, make that being sentenced to death. Should they both go free, or should they both die?
Very sad to see that you characterize wrongful convictions and death sentences as "one-sided" statistics. I wonder how you'd feel if you were charged with a crime you didn't commit? If you loved the Star Chamber, you'd love the North Korean justice system. |
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landmark Inner circle within a triangle 5194 Posts |
Lobo wrote:
Quote:
No system is perfect; there will always be error on one side or the other (for all practical purposes, on both sides). Our system is designed to err on the side of letting guilty people go free rather than sending innocent people to prison. Nice summary, thanks. But I think there is another way to look at it as well. The exclusionary rule exists not just for the benefit of future suspects, but for this suspect as well simply because we don't do such things. It's like torture. People--all people, guilty, innocent-- have a right not to be tortured. Perhaps this is merely rephrasing what you have said; to me I think I'm seeing an extra nuance: that the right to be free from surveillance is an absolute right, not just one that needs to be balanced against the "better that the guilty go free than innocent be convicted" standard.
Click here to get Gerald Deutsch's Perverse Magic: The First Sixteen Years
All proceeds to Open Heart Magic charity. |
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Salguod Nairb Room 101 0 Posts |
Quote:
On Aug 26, 2014, slowkneenuh wrote: What if you were the innocent person sent off to jail? Would you take one for the team? How would you be sleeping then?
We shall meet in the place where there is no darkness...
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slowkneenuh Regular user After 5,278+ posts, only credited with 133 Posts |
Unfortunately it takes tragedies to bring about positive change. Possibly our judicial system needs a wakeup call. Some posters here would be incapable of winning a war if protection of the innocent was a driving factor. If the leader of the Islamic State of Iraq and Syria was exposed in a rarely seen opportunity with an "innocent" civilian next to him, what would you do?
John
"A poor workman always blames his tools" |
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slowkneenuh Regular user After 5,278+ posts, only credited with 133 Posts |
If wrongfully convicted I would march off to jail and tenaciously set off to prove my innocence and have the decision reversed. Relative to the number of offenders or the population in general, very few people get wrongfully convicted.
John
"A poor workman always blames his tools" |
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Salguod Nairb Room 101 0 Posts |
That's more of an apple and oranges kind of question. War and law and order do not go hand in hand. When you say leader of Iraq do you mean Fuad Masum or the leader of ISIS?
We shall meet in the place where there is no darkness...
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Salguod Nairb Room 101 0 Posts |
I think you might change your mind after the first couple of nights.
We shall meet in the place where there is no darkness...
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slowkneenuh Regular user After 5,278+ posts, only credited with 133 Posts |
Let me be more clear, I meant Abu Bakr al-Baghdadi the leader of the Islamic State of Iraq and the Levant.
John
"A poor workman always blames his tools" |
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