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Welcome to our newest member, ArturoWoola |
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07-07-2011, 01:45 PM
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GreekChat Member
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Join Date: Nov 2005
Posts: 3,949
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Quote:
Originally Posted by PiKA2001
I wonder if she's going to go back to mom and dad's house after she threw them under the bus..well maybe her brother will take her in....oh yeah, she threw him under the bus too.
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Halfway house with supervision and rehabilitation programming while on probation?
Not sure about the details as I haven't read into it today.
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07-07-2011, 01:55 PM
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GreekChat Member
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Join Date: Jun 2009
Location: Columbus, Ohio
Posts: 857
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Quote:
Originally Posted by dekeguy
A couple of comments:
1. Burden of proof rests with the prosecution in almost all instances and certainly in this case. In criminal law it is for the prosecution to prove their case beyond reasonable doubt. In Civil Law the standard is somewhat less, it is determined on the balance of probabilities.
2. In Scotland there is a third verdict - Not proven. This means that the defendant was probably guilty but there was insufficient proof to overcome the issue of reasonable doubt. It is often described in UK Law Schools as "Not Guilty but don't do it again." We might do well to adopt that option in the US.
3. If someone with 'standing' before the court, like a family member, wants to pursue the issue there is always the civil remedy of Wrongful Death. OJ was hit with such a suit and massive damages were awarded to his late wife's family.
4. Incidentally, I believe the OJ trial was NOT a miscarriage of justice. The evidence chain of custody was hopeless and the investigating detective was shown to be prejudiced and have ample opportunity to mishandle evidence and plant evidence detrimental to OJ. Whether or not he did the crime was not established beyond 'reasonable' doubt. Therefore the verdict was solid.
The wrongful death issue was a means of destroying OJ financially. However, the later arrest and trial which landed him in prison seemed a bit too much of a 'let's get OJ and throw his butt in jail' revenge action. The old chesnut that 'Justice must not only be done but must be seen to be done' sticks in my craw in that case. There were so many mitigating and extenuating circumstances involved that I thought the sentence was excessive and sent a very unfortunate message. Please remember as you read this that I am the Conservative Barrister who has often been called a right winger in GC.
Anyway, those are my thoughts for what they are worth.
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Are you from the UK? Or are you also one of those lawyers that refer to themselves as "Blankety Blank, Esquire"?
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"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences."
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07-07-2011, 02:31 PM
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GreekChat Member
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Join Date: May 2005
Location: in the midst of a 90s playlist
Posts: 9,819
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Quote:
Originally Posted by AnotherKD
Or are you also one of those lawyers that refer to themselves as "Blankety Blank, Esquire"? 
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I'm not sure why but that cracked me up.
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"My dreams have become letters." ~christiangirl
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07-07-2011, 02:35 PM
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GreekChat Member
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Join Date: Jan 2010
Posts: 725
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Quote:
Originally Posted by christiangirl
I'm not sure why but that cracked me up. 
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Because it's true.
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07-07-2011, 03:54 PM
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GreekChat Member
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Join Date: Apr 2011
Posts: 487
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Caylee's Law Being Drafted in 4 States
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ever loyal
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07-07-2011, 04:41 PM
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GreekChat Member
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Join Date: Jan 2010
Posts: 725
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Quote:
Originally Posted by katydidKD
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These is why "The will of the People" is always laughed at. The people can be real stupid.
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07-07-2011, 04:53 PM
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GreekChat Member
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Join Date: Jan 2001
Location: Who you calling "boy"? The name's Hand Banana . . .
Posts: 6,984
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Quote:
Originally Posted by katydidKD
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Sweet! It's like a drug tax stamp law, but for kids dying!
Wait, drug tax stamps are silly, redundant, and awkward to enforce? And they're corner-case laws to attempt to get around existing issues with the legal system? And here, the thing you're getting around almost never happens, and when it does, you're simply adding onto a life sentence?
I will sign that petition post-haste, and sing its praises from the top of Mount Sarbanes-Oxley!
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07-07-2011, 05:09 PM
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GreekChat Member
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Join Date: Jul 2008
Location: Queens, NY
Posts: 6,304
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Quote:
Originally Posted by katydidKD
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Caylee went missing 3 years ago, and this comes only two days after people heard a "not guilty" verdict and became enraged because of it.
I wonder what would have happened (or not happened) if she was found to be guilty?
Quote:
Originally Posted by KSig RC
I will sign that petition post-haste, and sing its praises from the top of Mount Sarbanes-Oxley!
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You crack me up.
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07-07-2011, 05:13 PM
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GreekChat Member
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Join Date: Apr 2007
Location: Santa Monica/Beverly Hills
Posts: 8,642
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I foresee a future movie plot involving parents who don't report their child missing because kidnappers threaten to kill the kid if the cops are involved. The twist...the parents are arrested because they don't notify the police within 24 hours that the child is missing.  Oh the drama that will ensue...
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One Motto, One Badge, One Bond and Singleness of Heart!
Last edited by AOII Angel; 07-07-2011 at 05:15 PM.
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07-07-2011, 05:15 PM
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GreekChat Member
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Join Date: Feb 2002
Location: Virginia and London
Posts: 1,025
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Quote:
Originally Posted by AnotherKD
Are you from the UK? Or are you also one of those lawyers that refer to themselves as "Blankety Blank, Esquire"? 
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Guilty as charged. Barrister-at-Law, Inner Temple, Inns of Court, London.
When in the UK I do not use Esquire as that would infer a demotion. Esquire has a slightly different meaning in the UK as opposed to the US useage. As a dual national and a fiercely proud American I do not use the more appropriate add on bit so I simply sign myself without any additions.
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A man has to believe in something, I believe I'll have another drink.
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07-07-2011, 05:18 PM
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Banned
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Join Date: Nov 2008
Posts: 14,733
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Quote:
Originally Posted by KSig RC
Sweet! It's like a drug tax stamp law, but for kids dying!
Wait, drug tax stamps are silly, redundant, and awkward to enforce? And they're corner-case laws to attempt to get around existing issues with the legal system? And here, the thing you're getting around almost never happens, and when it does, you're simply adding onto a life sentence?
I will sign that petition post-haste, and sing its praises from the top of Mount Sarbanes-Oxley!
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Quote:
Originally Posted by ASTalumna06
Caylee went missing 3 years ago, and this comes only two days after people heard a "not guilty" verdict and became enraged because of it.
I wonder what would have happened (or not happened) if she was found to be guilty?
You crack me up.
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Quote:
Originally Posted by AOII Angel
I foresee a future movie plot involving parents who don't report their child missing because kidnappers threaten to kill the kid if the cops are involved. The twist...the parents are arrested because they don't notify the police within 24 hours that the child is missing.  Oh the drama that will ensue...
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I agree.
There are pros and cons to everything. I am not signing this petition. If this law is ever passed, I hope they consider the complexities of it all.
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07-07-2011, 05:25 PM
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Super Moderator
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Join Date: Feb 2002
Location: Oklahoma City, Oklahoma
Posts: 18,669
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Quote:
Originally Posted by katydidKD
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Not surprising that Oklahoma State Rep. Wesselhoft is in on this. That guy sponsors any legislation he can rip from the headlines. Every time a pit bull attacks someone in Oklahoma, he's on TV talking about breed specific legislation.
Fortunately, I think his term limit is almost up.
As to the legislation, reactionary legislation from events which almost never happen? What could possibly go wrong?
One petition I've seen was calling for a federal law (completely unconstitutional). This law can't be used to go after Anthony, so what's the point? Is this a common thing?
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07-07-2011, 05:30 PM
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GreekChat Member
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Join Date: Feb 2002
Location: Virginia and London
Posts: 1,025
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Quote:
Originally Posted by christiangirl
I'm not sure why but that cracked me up. 
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If that cracked you up you should see me in a wig and barrister's gown with a hard wing collar and barrister's bands.
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A man has to believe in something, I believe I'll have another drink.
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07-07-2011, 05:36 PM
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Banned
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Join Date: Nov 2008
Posts: 14,733
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Quote:
Originally Posted by Kevin
This law can't be used to go after Anthony, so what's the point? Is this a common thing?
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No, it is not common. It is an extremely rare occurrence. I posted the links to the story of the boy missing since 1999.
This proposed law is inspired by anger over Casey Anthony (and those like her) and justice for Caylee Anthony (and those like her). There are pros and cons to that, as well.
Quote:
Originally Posted by dekeguy
If that cracked you up you should see me in a wig and barrister's gown with a hard wing collar and barrister's bands.
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Sexy.
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07-07-2011, 06:14 PM
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GreekChat Member
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Join Date: Apr 2007
Location: Santa Monica/Beverly Hills
Posts: 8,642
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Quote:
Originally Posted by dekeguy
If that cracked you up you should see me in a wig and barrister's gown with a hard wing collar and barrister's bands.
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I bet that gets hot.
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One Motto, One Badge, One Bond and Singleness of Heart!
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