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  #271  
Old 07-07-2011, 01:45 PM
VandalSquirrel VandalSquirrel is offline
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Quote:
Originally Posted by PiKA2001 View Post
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.
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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  #272  
Old 07-07-2011, 01:55 PM
AnotherKD AnotherKD is offline
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Originally Posted by dekeguy View Post
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.
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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  #273  
Old 07-07-2011, 02:31 PM
christiangirl christiangirl is offline
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Originally Posted by AnotherKD View Post
Or are you also one of those lawyers that refer to themselves as "Blankety Blank, Esquire"?
I'm not sure why but that cracked me up.
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  #274  
Old 07-07-2011, 02:35 PM
BluPhire BluPhire is offline
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Originally Posted by christiangirl View Post
I'm not sure why but that cracked me up.

Because it's true.
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  #275  
Old 07-07-2011, 03:54 PM
katydidKD katydidKD is offline
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Caylee's Law Being Drafted in 4 States

http://abcnews.go.com/US/casey-antho...ry?id=14020260
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  #276  
Old 07-07-2011, 04:41 PM
BluPhire BluPhire is offline
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Originally Posted by katydidKD View Post

These is why "The will of the People" is always laughed at. The people can be real stupid.
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  #277  
Old 07-07-2011, 04:53 PM
KSig RC KSig RC is offline
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Originally Posted by katydidKD View Post
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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  #278  
Old 07-07-2011, 05:09 PM
ASTalumna06 ASTalumna06 is offline
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Quote:
Originally Posted by katydidKD View Post
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 View Post
I will sign that petition post-haste, and sing its praises from the top of Mount Sarbanes-Oxley!
You crack me up.
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  #279  
Old 07-07-2011, 05:13 PM
AOII Angel AOII Angel is offline
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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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Last edited by AOII Angel; 07-07-2011 at 05:15 PM.
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  #280  
Old 07-07-2011, 05:15 PM
dekeguy dekeguy is offline
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Quote:
Originally Posted by AnotherKD View Post
Are you from the UK? Or are you also one of those lawyers that refer to themselves as "Blankety Blank, Esquire"?
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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  #281  
Old 07-07-2011, 05:18 PM
DrPhil DrPhil is offline
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Quote:
Originally Posted by KSig RC View Post
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!
Quote:
Originally Posted by ASTalumna06 View Post
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.
Quote:
Originally Posted by AOII Angel View Post
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...
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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  #282  
Old 07-07-2011, 05:25 PM
Kevin Kevin is offline
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Quote:
Originally Posted by katydidKD View Post
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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  #283  
Old 07-07-2011, 05:30 PM
dekeguy dekeguy is offline
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Originally Posted by christiangirl View Post
I'm not sure why but that cracked me up.

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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  #284  
Old 07-07-2011, 05:36 PM
DrPhil DrPhil is offline
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Quote:
Originally Posted by Kevin View Post
This law can't be used to go after Anthony, so what's the point? Is this a common thing?
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 View Post
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.
Sexy.
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  #285  
Old 07-07-2011, 06:14 PM
AOII Angel AOII Angel is offline
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Quote:
Originally Posted by dekeguy View Post
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.
I bet that gets hot.
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