RE: Is the prosecution a bunch of slimeballs? (Full Version)

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[Poll]

Is the prosecution a bunch of slimeballs?


Yes.
  29% (7)
Yes, but Trayvon "would be like my son" like Obama said earlier
  8% (2)
Yes, but hey, they had to do something and I would too.
  8% (2)
No.
  54% (13)


Total Votes : 24
(last vote on : 7/12/2013 6:25:21 PM)
(Poll will run till: -- )


Message


Subtlycaptivated -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 2:48:20 PM)

I also don't think they actually take an oath, I believe it is just more ethically expected by the ABA and state bar associations.

Again, I could be wrong. It wouldn't be the first time.




Powergamz1 -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 2:49:27 PM)

The thin air of Earth. English common law as transposed into America through centuries of case law. The bedrock principles of 'adversarial system' that you must have slept through in 9th grade civics.
http://www.cardozo.yu.edu/life/winter2001/bennett/

quote:

ORIGINAL: mnottertail

The defense is paid (and takes an oath) to be zealous... the prosecutors aren't supposed to.

What bit of thin air did this bit of dumbfuckery exist in before it wafted into here?





Subtlycaptivated -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 2:51:55 PM)

American law is bastardized English Common Law, and over time has graduated into blatant sin and corruption. It is loosely interpreted, seldom upheld to the exact letter, and sadly, short sighted in it's inception.

I believe it was Benjamin Franklin that said there are two things you don't want to see made; Sausage and law.

That should give you some indication as to how wonderful the adversarial system works. There is a reason you have to have a strong English background to get into law school. You have to know how to play on the words and how to make the language the law is written in work for you.



ETA:

More to the point, the question was; is the prosecution slime for seeking child abuse charges in a murder case?

Well, yes and no. It's a lame charge, too late in the game and should have been included in the original indictment in order to even pray to make it stick. Though, Zimmerman's defense would have plainly been that he was under attack by the boy, and thereby was not guilty of abuse, rather self defense. Which, we can not prove or disprove, other than by means already shown in this court. And no, because they are grasping at straws to get a killer put in jail. However, had they been more adequately prepared for the trial, then perhaps they wouldn't have had to use such weak 4th quarter tactics.




mnottertail -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 2:52:43 PM)

Try again. That is not anything near the truth. You might consider whose client the prosecution is, legally. Your shithouse lawyer degree needs some serious educational units tacked on.




Subtlycaptivated -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:02:10 PM)

=(

I said I was an undergrad and I may be wrong.







Powergamz1 -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:07:01 PM)

Bismark, but he was talking more about legislators.

The language is the game. Defense attorneys are paid to talk a jury into thinking that guilty (allegedly) people are innocent, and prosecutors are paid to talk juries into thinking that innocent (presumed) people are guilty.

Standard exercise in law school is to take identical sets of facts and successfully argue opposing conclusions.

On the child abuse claim, as I pointed out before the prosecution tried it, the wording of the statute specifically names 'a caregiver'. The judge would have to be sound asleep to let that one slide, and yes, it crossed the ethical line. The clear intent was dishonest, knowingly making false charges trying invoke the photograph of the 12 year old Martin.

Will anything happen to the prosecution for it? Or for some of the false testimony that it seems likely they coached? Or the evidence they apparently withheld?

In Pink Slip Rick's state? Nope


quote:

ORIGINAL: Subtlycaptivated

American law is bastardized English Common Law, and over time has graduated into blatant sin and corruption. It is loosely interpreted, seldom upheld to the exact letter, and sadly, short sighted in it's inception.

I believe it was Benjamin Franklin that said there are two things you don't want to see made; Sausage and law.

That should give you some indication as to how wonderful the adversarial system works. There is a reason you have to have a strong English background to get into law school. You have to know how to play on the words and how to make the language the law is written in work for you.



ETA:

More to the point, the question was; is the prosecution slime for seeking child abuse charges in a murder case?

Well, yes and no. It's a lame charge, too late in the game and should have been included in the original indictment in order to even pray to make it stick. Though, Zimmerman's defense would have plainly been that he was under attack by the boy, and thereby was not guilty of abuse, rather self defense. Which, we can not prove or disprove, other than by means already shown in this court. And no, because they are grasping at straws to get a killer put in jail. However, had they been more adequately prepared for the trial, then perhaps they wouldn't have had to use such weak 4th quarter tactics.





Powergamz1 -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:12:42 PM)

The whole point is that the prosecution's client is the state. They haven't been paid a penny by the victim, or the victim's family. And as the law professor with the very real law degree pointed out, the ability of the state to bring overwhelming power to bear, requires an adjustment to level the playing field.

But you keep right on with your woo-woo pontification that you know the law better than real attorneys, and judges, and their professors because they only have 'shithouse' degrees.


[8|] [8|] [8|]

quote:

ORIGINAL: mnottertail

Try again. That is not anything near the truth. You might consider whose client the prosecution is, legally. Your shithouse lawyer degree needs some serious educational units tacked on.





mnottertail -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:12:43 PM)


quote:

ORIGINAL: Subtlycaptivated

=(

I said I was an undergrad and I may be wrong.






My post was to Powergamz1 and is reflected in the in the reply to box.

You are doing fine, undergraduate (say; your name isn't little benjamin braddock is it?)





Powergamz1 -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:14:18 PM)

They weren't responding to you, they were saying that the law professor in the article I linked to had a shithouse degree and didn't know anything.

Take it at face value.
quote:

ORIGINAL: Subtlycaptivated

=(

I said I was an undergrad and I may be wrong.









Subtlycaptivated -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:14:42 PM)

Okay, let's take that term "caregiver". Zimmerman is a supposed what...neighborhood watch guy? Wouldn't that put him into a position, even if vicariously, of being a care giver?

Just playing devils advocate here because as I said, it's a bit of a double edged sword.

Yes, Language is absolutely the name of the game; it's all in the twist you put on it and how you utilize the various meanings of each word in the English Language.

At the end of the day, Zimmerman was instructed by 911 to not follow the victim. He was told police were in transit. He was not supposed to even be in possession of a fire arm. Why was he?

I mean, there is no doubt that the man will walk. It won't be a hate crime like some people seem to think it is. Which, I don't see why it would have been chalked up to that and not profiling anyway, but there again, I am just a student and I only replied because of my interest in the law, though, not specifically the case.

Bismark? Hm. I shall have to research that one, as I am certain my text stated it as Ben. Oh. Well. Not the first text to be wrong, I assume. And most definitely not the last.

Either way, if we follow your line of thinking, this is going to set some case law for which future cases will argue foundation, which in essence will create law, which means we have a case of how law is made and how no one wants to see it made since it is created and drafted from the blood of a kid walking home carrying Skittles and Ice tea.


quote:

ORIGINAL: Powergamz1

Bismark, but he was talking more about legislators.

The language is the game. Defense attorneys are paid to talk a jury into thinking that guilty (allegedly) people are innocent, and prosecutors are paid to talk juries into thinking that innocent (presumed) people are guilty.

Standard exercise in law school is to take identical sets of facts and successfully argue opposing conclusions.

On the child abuse claim, as I pointed out before the prosecution tried it, the wording of the statute specifically names 'a caregiver'. The judge would have to be sound asleep to let that one slide, and yes, it crossed the ethical line. The clear intent was dishonest, knowingly making false charges trying invoke the photograph of the 12 year old Martin.

Will anything happen to the prosecution for it? Or for some of the false testimony that it seems likely they coached? Or the evidence they apparently withheld?

In Pink Slip Rick's state? Nope


quote:

ORIGINAL: Subtlycaptivated

American law is bastardized English Common Law, and over time has graduated into blatant sin and corruption. It is loosely interpreted, seldom upheld to the exact letter, and sadly, short sighted in it's inception.

I believe it was Benjamin Franklin that said there are two things you don't want to see made; Sausage and law.

That should give you some indication as to how wonderful the adversarial system works. There is a reason you have to have a strong English background to get into law school. You have to know how to play on the words and how to make the language the law is written in work for you.



ETA:

More to the point, the question was; is the prosecution slime for seeking child abuse charges in a murder case?

Well, yes and no. It's a lame charge, too late in the game and should have been included in the original indictment in order to even pray to make it stick. Though, Zimmerman's defense would have plainly been that he was under attack by the boy, and thereby was not guilty of abuse, rather self defense. Which, we can not prove or disprove, other than by means already shown in this court. And no, because they are grasping at straws to get a killer put in jail. However, had they been more adequately prepared for the trial, then perhaps they wouldn't have had to use such weak 4th quarter tactics.







Powergamz1 -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:16:55 PM)

Nope, caregiver in that instance has a very specific definition. Zimmerman wasn't acting in any official capacity that night, and even if he were, NW has no duty to care. The judge (and the defense) was perfectly correct to toss that one.

And nothing in the Zimmerman case will carry any precedential weight... nothing new has happened, despite all the media hysteria.




mnottertail -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:17:03 PM)

*The whole point is that the prosecution's client is the state.*

Got one right.

And ethics require lawyers to give a vigorous defense on behalf of their clients. The state accused Zimmerman, and the lawyers are defending it vigorously, so they don't get their license pulled.

End of joke. All is fair in love and the adversarial system of jurisprudence, where you can also get a divorce, and see what the law really amounts to.




mnottertail -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:19:51 PM)

quote:

ORIGINAL: Powergamz1

They weren't responding to you, they were saying that the law professor in the article I linked to had a shithouse degree and didn't know anything.

Take it at face value.
quote:

ORIGINAL: Subtlycaptivated

=(

I said I was an undergrad and I may be wrong.








No, that isn't what the poster was replying to, the actual lawyer, but he could have, as usual it is fanciful asswipe being projected by the untutored who are fairly obviously backpeddling like a motherfucker now.




Subtlycaptivated -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:20:20 PM)

Ha!

I knew something in there was sticking.

Indeed, the prosecutor has an ethical, and to some extent moral, obligation to zealously defend the people of the community in which they prosecute. That being the case, then the prosecutor should have come in with both guns blazing at Zimmerman, as I am fairly certain there has been a pretty big outcry for his head on a pike. The end game tactic of throwing in a bunk child abuse charge...in conjunction with what actions? They had to know that wouldn't go.





mnottertail -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:22:34 PM)

Yup. QED. You're gonna make a fine necktie one day. Send me a card when you tack up a shingle, I occasionally have need of a good voicebox.




Subtlycaptivated -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:26:40 PM)

Cargiver....I tend to think that term could be argued both on this thread and on any other forum you choose to the hilt and you will get that anyone with any position of authority or duty to protect the community at large could be construed as a care giver. Could that same boy have not sought Zimmerman out to protect him from abusive parents? Gangs in the area? Or any other equally dangerous situation in which a minor would need care and protection?

If it's about bantering words around, then a twist could be put on anything in the dictionary from A-Z with the intention of making it fit the circumstance, which is why it is an adversarial system; to take each side and equally equip them with education and experience in hopes of achieving the end goal of right.

If each counsel were equipped with education, and we know they have to be, even if it is a cracker jack DeVry university degree, and experience, and they had to be since they are working this case, then they were there to banter the language and the intricate uses of the language.

In this case, I would examine caregiver and apply it to the idea of what Zimmerman was supposedly doing and how he was portraying himself in that capacity. He was there, supposedly even if only on a minimal level, to protect the community. As a caregiver of the community.

I think with enough work it could be put in that light...

and again, not to argue it with you specifically ( I am not foolish enough to think my words will change your mind, as you have it all sorted) I am just saying...it could be done.
quote:

ORIGINAL: Powergamz1

Nope, caregiver in that instance has a very specific definition. Zimmerman wasn't acting in any official capacity that night, and even if he were, NW has no duty to care. The judge (and the defense) was perfectly correct to toss that one.

And nothing in the Zimmerman case will carry any precedential weight... nothing new has happened, despite all the media hysteria.





mnottertail -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:26:44 PM)


quote:

ORIGINAL: Subtlycaptivated
The end game tactic of throwing in a bunk child abuse charge...in conjunction with what actions? They had to know that wouldn't go.




In the real world:

How sequestered is this jury?





Subtlycaptivated -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:29:34 PM)

Also, you seem so certain that nothing of precedent is going to happen, yet...it seems to have happened.

A man will walk for killing an unarmed child, of this there seems to be some level of certainty.

I would almost be willing to bet my polka dotted socks that will end up being used somewhere down the line when a cop does the same thing.




Powergamz1 -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:33:46 PM)

Nope. Zealous as in win at any cost short of outright chicanery, is reserved for the side with less power. The prosecution is sworn to seek justice, not wins (On paper).
The state has billions in assets to throw into any given case, most defendants don't. Again, this is bedrock, basic civics, intro to CJ, un-spinnable stuff.

Read the links, you might be able to use them in a paper some day.

http://academia.edu/1515309/Zealous_Advocates_The_Historical_Foundations_of_the_Adversarial_Criminal_Defence_Lawyer
http://www.bertrandlaw.com/newsletters/criminal-law/the-duties-of-a-defense-attorney-at-a-glance/
https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=30+Loy.+L.A.+L.+Rev.+21&srctype=smi&srcid=3B15&key=7c0e32fee8a6b10420fc2ddca257f33e
http://www.outsidethebeltway.com/in-defense-of-criminal-defense-attorneys-2/




quote:

ORIGINAL: Subtlycaptivated

Ha!

I knew something in there was sticking.

Indeed, the prosecutor has an ethical, and to some extent moral, obligation to zealously defend the people of the community in which they prosecute. That being the case, then the prosecutor should have come in with both guns blazing at Zimmerman, as I am fairly certain there has been a pretty big outcry for his head on a pike. The end game tactic of throwing in a bunk child abuse charge...in conjunction with what actions? They had to know that wouldn't go.







Subtlycaptivated -> RE: Is the prosecution a bunch of slimeballs? (7/11/2013 3:34:00 PM)

I am mildy curious about that as well.

It seems like this case has been heard over the news even on mountain tops in Tibet...

There has to be at least a minimal level of saturation.
quote:

ORIGINAL: mnottertail


quote:

ORIGINAL: Subtlycaptivated
The end game tactic of throwing in a bunk child abuse charge...in conjunction with what actions? They had to know that wouldn't go.




In the real world:

How sequestered is this jury?







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