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RE: This is criminal justice? - 4/8/2011 9:35:17 AM

hlen5

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quote:

ORIGINAL: popeye1250

Simple, let the sob out!
Then find a fast pick up and a long chain and a nice bumpy dirt road in the country.

I can appreciate your distaste and revulsion but have you really thought about your suggestion? Not funny, which is what I'm hoping you were going for.

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RE: This is criminal justice? - 4/8/2011 10:05:23 AM

slvemike4u

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Just can't be sure though,can you Helen?Ain't that a shame ?

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RE: This is criminal justice? - 4/8/2011 11:51:07 AM

LafayetteLady

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quote:

ORIGINAL: tazzygirl

quote:

I am still waiting for someone here to define danger?

Record of a child rape conviction.

Currently accused of 21 counts of sexual assault with two more girls, namely his step-daughter and her cousin.

And you want a definition of danger?

Under U.S. Law his previous conviction nor being accused (number of counts irrelevant) is not enough to constitute danger.

Admittedly, pedophilia is ranked unforgivable even by hardened inmates, but history shows us lynch mobs are not a solution. Think about that girl back in (I think) the early 90s accused and convicted of sexually molesting her day care students, only later to be proven innocent.

It never ceases to amaze me how the people here form such solid opinions with so many facts missing.

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RE: This is criminal justice? - 4/8/2011 4:23:58 PM

Termyn8or

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Number of counts not matter ? Well I guess not in such an unimportant matter. But your fourth DUI in this state can be a felony, in fact I heard that you keep it up they can eventually give you life. Get a speeding ticket, get six of them in two years and no more license.

Three strikes laws, three counts of growing pot can get you life. Three counts of getting caught with coke or crack could get you life. three count of grand theft can get you life. One domestic violence charge, even if there is no injury whatsoever can keep you from ever carrying a firearm legally.

Yea, I guess child molestation just ain't all that bad huh ?

T^T

Edited to add the seventh letter "U" so the spelling cops don't get me.

< Message edited by Termyn8or -- 4/8/2011 4:25:31 PM >

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RE: This is criminal justice? - 4/8/2011 4:33:37 PM

LafayetteLady

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quote:

ORIGINAL: Termyn8or

Number of counts not matter ? Well I guess not in such an unimportant matter. But your forth DUI in this state can be a felony, in fact I heard that you keep it up they can eventually give you life. Get a speeding ticket, get six of them in two years and no more license.

Three strikes laws, three counts of growing pot can get you life. Three counts of getting caught with coke or crack could get you life. three count of grand theft can get you life. One domestic violence charge, even if there is no injury whatsoever can keep you from ever carrying a firearm legally.

Yea, I guess child molestation just ain't all that bad huh ?

T^T

As usual, you are completely missing the point regarding the number of counts he is charged with. He has to be CONVICTED of those counts for the penalties to be escalated.

In my opinion, the guy has priors for the same thing and probably is guilty. HOWEVER, the fact remains that with no real information on his "cognitive disorder" there are too many facts missing.

Further, whether you like it or not, if he served his time on the prior, you can't just incarcerate him based on his history. The new charges have to be adjudicated, and that's where information on his current condition would be useful.

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RE: This is criminal justice? - 4/8/2011 4:41:58 PM

Politesub53

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quote:

ORIGINAL: Real0ne

quote:

ORIGINAL: Politesub53

quote:

ORIGINAL: servantforuse

I'm guessing that he is not a conservative judge.. Elections mean things..

Reading not your strong point ?

Under the Law, the judges hands are tied to what the law states. I dont know why you find that hard to figure.

well in criminal their hands are "more" tied but even in criminal they can legislate from the bench

Not here. Judges interpret the law, if something is clear then they have to follow it.

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RE: This is criminal justice? - 4/8/2011 5:30:36 PM

tweakabelle

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Generally I'm all for the idea of electing as many public officials as possible. But I do have my doubts about electing judges. Let me add straight away that I know virtually nothing about this aspect of American democracy. So could someone please tell me:

Are all judicial appointments open to anyone? (I've seen that the Pres nominates Supreme Court Judges. Are all higher court judges appointees?) Which positions are decided by voting and which by appointment?

For those judicial positions that are decided by popular vote, is legal training and experience a pre-requisite or can anyone run? Are there any pre-requisites at all?

Most people agree that judges should be independent and unbiased and seen to be so. Doesn't electing judges makes them beholden to interest groups, political parties and others especially if they intend re-running when their terms expire? Does this turn out to be a shortcoming in practice? Are there many cases where judges have been found to be act corruptly?

Please excuse my ignorance on this matter thanks.

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RE: This is criminal justice? - 4/8/2011 7:12:04 PM

hlen5

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The general populace usually votes for judges to be retained in their position. I think most judges are appointed. I know they are appointed for the higher courts.

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RE: This is criminal justice? - 4/8/2011 7:53:17 PM

eihwaz

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quote:

ORIGINAL: tweakabelle
Are all judicial appointments open to anyone? (I've seen that the Pres nominates Supreme Court Judges. Are all higher court judges appointees?) Which positions are decided by voting and which by appointment?

For those judicial positions that are decided by popular vote, is legal training and experience a pre-requisite or can anyone run? Are there any pre-requisites at all?

At the federal level, Article III (of the US Constitution) judges are nominated by the POTUS, confirmed by the Senate, and serve "during good Behavior" (conventionally interpreted to mean until they voluntarily resign or retire or are involuntarily impeached):

quote:

ORIGINAL United States Courts: Judgeship Appointments by the President
Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution. The names of potential nominees are often recommended by senators or sometimes by members of the House who are of the President's political party. The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Article III of the Constitution states that these judicial officers are appointed for a life term.

The Constitution sets forth no specific requirements for judges. However, members of Congress, who typically recommend potential nominees, and the Department of Justice, which reviews nominees' qualifications, have developed their own informal criteria.

Article I judges have subject matter jurisdiction over specific types of cases such as tax, bankruptcy, and federal claims and are appointed for specified terms of service. The FISA Court is another example of a special court. Article I (and Article IV) judges are appointed by various mechanisms, depending on the court: For example, tax court judges are appointed via a process similar to that used for the appellate court system, while bankruptcy court judges are elected by the District Courts.

At the state and local level, it's quite common for judgeships to be elected offices.

quote:

ORIGINAL: tweakabelle
Doesn't electing judges makes them beholden to interest groups, political parties and others especially if they intend re-running when their terms expire? Does this turn out to be a shortcoming in practice? Are there many cases where judges have been found to be act corruptly?

Yes. Yes. Yes, some quite egregious. Appointing judges will always involve politics. However, in the opinion of many (including myself) electing judges seriously undermines the integrity of the judicial system, especially where individual and public interests contend with those of corporations.

< Message edited by eihwaz -- 4/8/2011 7:58:32 PM >

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RE: This is criminal justice? - 4/8/2011 8:23:40 PM

tweakabelle

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Thanks hlen5 and eihwaz. That's made things clearer for me.

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RE: This is criminal justice? - 4/8/2011 11:49:14 PM

hlen5

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You're welcome. Eihwaz was much more thorough!!

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