RE: California rape case begins (Full Version)

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LafayetteLady -> RE: California rape case begins (6/8/2013 12:23:13 AM)

California currently does have the death penalty, although they have stayed all executions until further notice. There are questions with their lethal injection protocol. They do have the gas chamber, but none of the death row inmates have opted to "complete" their sentence that way. Before you say anything, yes, I agree they shouldn't be able to choose how their sentence is carried out.

Receiving the death penalty for rape must have several enhancements. As an accessory, it would never meet the criteria.

There is a set of criteria in each state that must be met for the prosecution to request the death penalty. It is a very strict standard with a high degree of evidence. These cases you hear about being turned over are NOT recent. They are older where various types of evidence were not available, most specifically DNA.

So while I understand your view point, from a legal standpoint, I don't think they would meet the criteria for death penalty.




jlf1961 -> RE: California rape case begins (6/8/2013 12:36:07 AM)

quote:

ORIGINAL: LafayetteLady

California currently does have the death penalty, although they have stayed all executions until further notice. There are questions with their lethal injection protocol. They do have the gas chamber, but none of the death row inmates have opted to "complete" their sentence that way. Before you say anything, yes, I agree they shouldn't be able to choose how their sentence is carried out.

Receiving the death penalty for rape must have several enhancements. As an accessory, it would never meet the criteria.

There is a set of criteria in each state that must be met for the prosecution to request the death penalty. It is a very strict standard with a high degree of evidence. These cases you hear about being turned over are NOT recent. They are older where various types of evidence were not available, most specifically DNA.

So while I understand your view point, from a legal standpoint, I don't think they would meet the criteria for death penalty.



Who cares about the legal view, the guys that committed the crime are animals, and the people that watched the crime was no better. As I said, I am sick of hearing about the rights of the criminals.

Since the courts are powerless to actually punish these individuals in a way that is actually justice, and I doubt if these individuals will be put in gen pop, although I wish they would be put there, and then I would hope that karma would hit these people with the force of an asteroid the size of mars.




truckinslave -> RE: California rape case begins (6/8/2013 2:22:11 PM)

I certainly do not disagree with the specifics of your post.

In the aggregate, however, two parent households are definitely superior, by both(un)common sense and sociological studies; yet we as a society refuse to admit that. We refuse to admit that any one thing is just flat-out, morally and/or experientially, better tahn any permutation (or perversion) of that thing.

So, yes, far too many of us and of our children have the moral compasses of hungry, wounded wolves.




truckinslave -> RE: California rape case begins (6/8/2013 2:28:29 PM)

quote:

I doubt if these individuals will be put in gen pop


I wonder if they would be rock stars in gen pop. Might depend on the prison, on the gang; but I don't think rapists are the same as child molesters.
And, ftm, i am not sure that the old story of child molesters being reviled in prison is accurate.
Our world is sick; theirs much more so




tazzygirl -> RE: California rape case begins (6/8/2013 2:46:32 PM)


quote:

ORIGINAL: truckinslave

I certainly do not disagree with the specifics of your post.

In the aggregate, however, two parent households are definitely superior, by both(un)common sense and sociological studies; yet we as a society refuse to admit that. We refuse to admit that any one thing is just flat-out, morally and/or experientially, better tahn any permutation (or perversion) of that thing.

So, yes, far too many of us and of our children have the moral compasses of hungry, wounded wolves.


Lyle and Erik Menendez

As far as the other... Im not surprised you would agree to leaving an abusive man in a home with the children he is abusing... after all... they need a 2 parent home!




muhly22222 -> RE: California rape case begins (6/8/2013 2:48:15 PM)


quote:

ORIGINAL: truckinslave

quote:

How can it be that those kids can't be subpoenaed for their testimonies, deal or no deal?


When the death penalty is off the table, and solitary confinement is unconstitutional.... what, exactly, are you going to do to them if they don't testify?


They can't be subpoenaed because to do so would have violated their Fifth Amendment right against compelled self-incrimination. Even now, there's an argument that they could be forced to reveal other criminal acts to which jeopardy has not attached, so they could incriminate themselves, barring immunity from the prosecution.

If the plea agreement contained an agreement from the offenders that they would testify against their co-defendants, and they later back out, the court will vacate the plea and the sentence and allow the prosecutors to seek higher penalties. Think of it like a contract...the offender failed to live up to their side of the contract, so they don't get the benefits of the agreement, either.




jlf1961 -> RE: California rape case begins (6/8/2013 5:21:09 PM)

Okay, the people that watched this happen are no better than the ones that committed the crime, therefore they are less than human, hence they are not entitled to HUMAN rights. Simple.




Wendel27 -> RE: California rape case begins (6/8/2013 5:30:04 PM)

While this crime is abominable in the extreme I think it is a serious error to attribute generational differences to the manner in which this gang rape was carried out. I accept that there's a technological aspect that gives a particuarly reprehensible twist of the knife but the underlying motivations [and actions] are timeless. There are crimes in every year of every decade that people look at and think...not in my day. It's very rarely the case.




jlf1961 -> RE: California rape case begins (6/8/2013 5:36:20 PM)

Still does not change the fact that every one involved are animals, the watchers included. I would also advocate the death penalty for people who have dogs fight to the death.




Wendel27 -> RE: California rape case begins (6/8/2013 5:40:22 PM)

 It doesn't change the nature of the behaviour of the perpetrators in any manner at all JLF. I had hoped i'd made that clear in my post.




JeffBC -> RE: California rape case begins (6/8/2013 6:03:02 PM)

quote:

ORIGINAL: muhly22222
Don't judge a defense attorney by his arguments on behalf of a client. We sometimes have to do terrible things because we have an ethical duty to our clients. While the case here in Ohio was going on, I was talking about it with somebody from CM, and I said that if I was defending an accused rapist, and the facts were such that "blame the victim" was an argument that might get some play with the jury, I would do it...then I'd go home and cry about having done it. I'd probably write a letter to the victim apologizing after everything was done, too.

Yet... some people would not select a career which required such heinous things of them... not wanting to be heinous and all. Nope, I'm judging thank you.




jlf1961 -> RE: California rape case begins (6/8/2013 6:39:50 PM)

Now someone tell me again, why the people who were identified as watching the crime be committed cannot be charged? Sorry, but most juries take the very act of pleading the fifth as an indication of guilt.




tazzygirl -> RE: California rape case begins (6/8/2013 6:41:38 PM)

Each state has their mandatory reporters... those who HAVE to report. The rest do not.




DesideriScuri -> RE: California rape case begins (6/8/2013 7:12:55 PM)

quote:

ORIGINAL: muhly22222
quote:

I have issues with the defense attorney's "beliefs" about how his client's dna ended up on a used condom found at the scene. But, its an attempt at a defense.

Don't judge a defense attorney by his arguments on behalf of a client. We sometimes have to do terrible things because we have an ethical duty to our clients. While the case here in Ohio was going on, I was talking about it with somebody from CM, and I said that if I was defending an accused rapist, and the facts were such that "blame the victim" was an argument that might get some play with the jury, I would do it...then I'd go home and cry about having done it. I'd probably write a letter to the victim apologizing after everything was done, too.


Doesn't a defense lawyer have the right to decline a case?




Powergamz1 -> RE: California rape case begins (6/9/2013 6:57:57 PM)

'Heinous' like all those attorneys who have overturned wrongful convictions?


quote:

ORIGINAL: JeffBC

quote:

ORIGINAL: muhly22222
Don't judge a defense attorney by his arguments on behalf of a client. We sometimes have to do terrible things because we have an ethical duty to our clients. While the case here in Ohio was going on, I was talking about it with somebody from CM, and I said that if I was defending an accused rapist, and the facts were such that "blame the victim" was an argument that might get some play with the jury, I would do it...then I'd go home and cry about having done it. I'd probably write a letter to the victim apologizing after everything was done, too.

Yet... some people would not select a career which required such heinous things of them... not wanting to be heinous and all. Nope, I'm judging thank you.





slvemike4u -> RE: California rape case begins (6/9/2013 8:01:26 PM)


quote:

ORIGINAL: tazzygirl

We arent teaching them personal responsibility. We have taught them that they dont have to respect law or rules.

Tazzy isn't that one hell of a generalization.....I have a son,I know he was taught to not only respect law and rules...he was also taught to respect others,especially the woman in his life !!!!!!!!




tazzygirl -> RE: California rape case begins (6/9/2013 8:11:06 PM)

And how rare is that, mike. Be honest.




slvemike4u -> RE: California rape case begins (6/9/2013 8:19:12 PM)

Tazzy I always try to be honest...and it really isn't that rare.
Every generation has decried the following generation since ancient Greece...I'm sure our children will wonder where they went wrong with the next generation.




tazzygirl -> RE: California rape case begins (6/9/2013 8:24:49 PM)

Of course they have... lol... and each one has gotten worse.




Just0Us0Two -> RE: California rape case begins (6/9/2013 8:28:02 PM)


quote:

ORIGINAL: graceadieu


quote:

ORIGINAL: DesideriScuri
Picture takers and gawkers should be rewarded with harsh sentences.


Agreed. All the onlookers should be charged with accessory to the crime, and do some prison time.


The problem is, it's not against the law to ignore something bad happening. A private citizen has no legal obligation to intervene. Actually, considering how litigious society has become, often all intervening gets you is sued. Or you run the risk or the pack turning on you.




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