GreekChat.com Forums - Merlin Santana's Killer Convicted

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Not all cases will reach Oprah or be placed under nationwide scrutiny. Any remedies I think of to screen out liars tend to be more traumatizing to actual victims. I'm assuming the reason why the judge says it to all is to avoid judicial prejuidice if said only when they don't believe the defendant?

If so then I think it should remain...why? Because I've seen first hand that damage that is done to both rape/assault victims and simultaneously to honest people accussed by liars. You can argue til the cows come home that unless you were in the room no one knows what happened but we all know that there are women who have lied and will continue to lie about what happened to cover their own actions (and those who are quick to believe the lie and act on it rathar than acknowledge the truth staring in front of them). As flawed as the jury system is sometimes they end up being the last resort for justice.

I swear there ought to be a special place in hell for any female that cries rape falsely.

Quote:

Originally posted by Exquisite5
This is a little off topic, but this post made me think of this.

As many over on AKA Avenue know I have just wrapped up my first year at Howard Law School (learning like Thurgood :) ). One of my classes this semester was criminal law where one of the crimes we studied was rape.

I was surprised to learn that in MANY jurisdictions when the judge gives a rape charge to the jury he is still required to provide a Lord Hale Instruction. A Lord Hale Instruction is a direction to the jury that many females lie about rape and that rape charges should be decided with caution and that the jury should be very careful in deciding which prosecution witnesses it finds credible. Basically, the judge tells the jury that rape is a big deal, judge carefully and that women lie.

This was very common at common law, and there is a movement towards getting rid of this instruction and many jurisdictions have. Yet, many retain it.

What do you think about this? In light of the Merlin Santana death, do you think its justified?

It is only an instruction, the jury can still decide how they want to and in jurisdictions that give it, its given in EVERY rape case, not just when the judge thinks the victim is lying.

No one ever answered the question, so I'm bumping this up.

I think the Lord Hale Instruction should remain on the books for all times. It's an unfortunate reality, but there are women who lie about such a heinous crime and violation. It seems necessary to give a "disclaimer" because we all know that many people see the accused rapist as proven guilty until innocent (look at Kobe and his lost endorsements). Without such an instruction, there may be at least one juror who will be present for days/weeks of testimony but will not listen to or try to digest the facts because s/he is convinced of the accused's guilt because a woman cried rape. Of course, jurors can think they want to think, but at least judges have the opportunity to emphasize the importance and seriousness of the case.

Exquisite5 and other law students, good luck with your studies.

Just to toss this out as someone who works with victims of sexual assault and as part of sexual assault prevention programs, the number of women that have been found to be lying about rape (2 percent of the cases that go to trial) is no different than the number of false reports of every other major crime.

Well, I know it's been 6 years since his death.What made him come to my mind today was that I was watching The Steve Harvey Show,and I was so sad and mad that this young black actor is no longer here,and his life was taken over something that was possibly not true.I don't know the facts but it sure didn't have to take his life.And most certainly playing with rape and molestation stating that this allegedly happen that does not need to be played with.Those are truly serious crimes and should'nt be taken lightly.But to pin it on someone who didn't possibly do it its'nt good either.Their life will be forever ruin or ceased and in this case someone took it in their own hands without justifying it and asking questions.

You know there was a young girl involved in this case and it made me think why is she hanging around people who are much older than she is.And nowadays these young kids are not movaited and ambious any more.They need home training and gudiance.But I do not feel pity for them they need to sit there in prison and think about what and why they did such a terrible thing.Especially for the young girl because whether she knows it or not it will haunt her forever.Whether she released and comes to the world just knowing that she lied about it which I belive she did.Because I know a lot of girls who lie about things like this when it is not true.

What my boo had to die cause of that cuz i read on someone els that she later told the truth and they couldnt do nothing about it now cuz he already dead that the most sad thing ever. Its sad out there that some kids really do get raped and there familys dont believe them and then these people have the nerve to lie about it it confuses peopl. Im glad i have family that would believe me when i say i got raped or sumthin and i would never lie about it either that just wrong wat did merlin do to her i dont lik her at all and if i ever saw her i would want to do the same to her , she diserves it really.

Quote:

Originally Posted by shirmika (Post 1879188)

that is so sad i cant believ merlin did that well if its true . im so late i did ot knoe that he died :(, i hope he didnt rape her he was fine on the steve harvey show .:rolleyes:. but i really miss him and i feel sorry for the girl he raped but only a lil bit cause honestlt some people enjoy it if they are very attractive but either way she was under age and what was doen shold not have been doen.:mad:. Now that i said wat i had to say ima go now and just think:confused:....

QFP

Mess.

Quote:

Originally Posted by shirmika (Post 1879188)

Hello Shirmika. I see this is your first post. Welcome to GC and Delta Drive.