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Judge throws out confessionFollow

#27 Jun 30 2006 at 12:54 PM Rating: Good
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Althrun wrote:
And I'm of the opinion that such a procedure shouldn't be needed.

Jebus, you people are acting like I'm saying that we should skip the 5th amendment all together.
Because your opinion only applies when the accused is guilty, you dolt!
#28 Jun 30 2006 at 12:58 PM Rating: Decent
The Glorious Atomicflea wrote:
Althrun wrote:
And I'm of the opinion that such a procedure shouldn't be needed.

Jebus, you people are acting like I'm saying that we should skip the 5th amendment all together.
Because your opinion only applies when the accused is guilty, you dolt!


Why would an innocent confess to something and give exact details about where they hid the body if they they didn't do it?

Smiley: dubious
#29 Jun 30 2006 at 12:59 PM Rating: Good
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Althrun wrote:
The Glorious Atomicflea wrote:
Althrun wrote:
And I'm of the opinion that such a procedure shouldn't be needed.

Jebus, you people are acting like I'm saying that we should skip the 5th amendment all together.
Because your opinion only applies when the accused is guilty, you dolt!


Why would an innocent confess to something and give exact details about where they hid the body if they they didn't do it?

Smiley: dubious


You are skirting Niobia~esque legal thinking here.
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#30 Jun 30 2006 at 1:05 PM Rating: Decent
Queen bodhisattva wrote:
Althrun wrote:
The Glorious Atomicflea wrote:
Althrun wrote:
And I'm of the opinion that such a procedure shouldn't be needed.

Jebus, you people are acting like I'm saying that we should skip the 5th amendment all together.
Because your opinion only applies when the accused is guilty, you dolt!


Why would an innocent confess to something and give exact details about where they hid the body if they they didn't do it?

Smiley: dubious


You are skirting Niobia~esque legal thinking here.


Skirting, perhaps, but not quite. And I don't have the gym physique to match.

I know of the phenomenon of false confessions under duress, and I can see why it should apply. People are stupid. Granted.

But nobody can be that stupid and unlucky to falsely confess that they killed someone and tell where they hid the body, and find out that the body was indeed hidden where they said. I'm not sure the odds of someone guessing correctly are even worth mentioning.
#31 Jun 30 2006 at 1:09 PM Rating: Default
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Althrun wrote:
Queen bodhisattva wrote:

You are skirting Niobia~esque legal thinking here.


Skirting, perhaps, but not quite. And I don't have the gym physique to match.


No but you're matching her stupidity and logic.

Althrun wrote:

I know of the phenomenon of false confessions under duress, and I can see why it should apply. People are stupid. Granted.


So if you can see why is should apply then what's your problem? You're saying there's a problem with the system and it needs to be changed. The problem isn't the system but those not using correctly.
#32 Jun 30 2006 at 1:14 PM Rating: Good
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Utterly meaningless. He has zero chance of not being convicted. Zero. If Christ popped into the courtroom and told the jury that the guy didn't actually do it, he'd still be found guilty.

Find something less completely meaningless to be upset about.

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#33 Jun 30 2006 at 1:19 PM Rating: Decent
MentalFrog wrote:
Althrun wrote:
Queen bodhisattva wrote:

You are skirting Niobia~esque legal thinking here.


Skirting, perhaps, but not quite. And I don't have the gym physique to match.


No but you're matching her stupidity and logic.


Uh, no. Unlike Noobia, I'm at least as smart as a chinchilla, thank you.


Why is it that I'm getting steamrolled into being portrayed as someone who thinks the 5th was a mistake and that the miranda rights are a farce? Smiley: confused That's not my belief or dissention at all.
#34 Jun 30 2006 at 1:30 PM Rating: Good
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Althrun wrote:
Why is it that I'm getting steamrolled into being portrayed as someone who thinks the 5th was a mistake and that the miranda rights are a farce? Smiley: confused That's not my belief or dissention at all.



I'm sure gbaji feels the same about the whole 'date rape' issue as well.

It's okay, we understand that you are not smart enough to grasp the fundamental flaw in your argument that everyone else caught right off the bat.
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#35 Jun 30 2006 at 1:46 PM Rating: Decent
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In situations like this, i.e. children are involved, I think that people need to use common sense. I think when there is a chance that a childs life can be saved, or spared, the law should be lifted.

I know that makes me an oddball. But I think that the child is more important than the adult in situations like this. This waste of oxygen is a convicted felon. CONVICTED SEX OFFENDER. To me, he has no rights. He gave up his rights when he stared raping and kidnapping children. I'd want the police to do anything they can do to find my daughter.

There has to be reasonable thought to the application of the law. I agree with the officers here. Had this guy clammed up, and the child not been found for a week, when he could have given them information to find her alive, they'd have been more at fault. Granted she was dead when he confessed, but there is always the "what if they're alive" that you need to be worried about.

I can't believe that I'm against a law that privides protection... I guess it's because there are children involved.
#36 Jun 30 2006 at 1:46 PM Rating: Decent
Queen bodhisattva wrote:
Althrun wrote:
Why is it that I'm getting steamrolled into being portrayed as someone who thinks the 5th was a mistake and that the miranda rights are a farce? Smiley: confused That's not my belief or dissention at all.



I'm sure gbaji feels the same about the whole 'date rape' issue as well.

It's okay, we understand that you are not smart enough to grasp the fundamental flaw in your argument that everyone else caught right off the bat.


No, Gbaji believes what he says on the date rape thing, and accepts the constant pokes at him as signs of your ignorance. At least, that's probably how he views it in his head. I don't agree with that whole "No marks = no rape" idea at all, so I have no clue, honestly.



Which flaw in my argument are you refering to? (pick one): the one in regards to false confessions under duress? Or perhaps the one where it's current standard practice to dismiss anything between when a lawyer is called and when he is presented? Or the underlying flaw of it all that the 5th protects you from incriminating yourself involuntarily?

I'm not missing these, I'm just not of the opinion that the middle one should be kept as is. Tell me to get out of my own country for not agreeing with it, or tell me to exercise my 1st Miranda right and GTFO, I really don't give a flip. I personally don't like cases where the court system is treated like chess. It's an opinion. Doesn't make it right, but it certainly doesn't mean I'm too stupid to not recognize the inherit problems with that line of thinking.
#37 Jun 30 2006 at 1:51 PM Rating: Good
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Althrun wrote:
Queen bodhisattva wrote:
[quote=Althrun]Why is it that I'm getting steamrolled into being portrayed as someone who thinks the 5th was a mistake and that the miranda rights are a farce? Smiley: confused That's not my belief or dissention at all.


I'm not missing these,



Keep telling yourself that, I'm sure it will make it truer!

Smiley: rolleyes
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#38 Jun 30 2006 at 1:59 PM Rating: Decent
Queen bodhisattva wrote:
Althrun wrote:
Queen bodhisattva wrote:
[quote=Althrun]Why is it that I'm getting steamrolled into being portrayed as someone who thinks the 5th was a mistake and that the miranda rights are a farce? Smiley: confused That's not my belief or dissention at all.


I'm not missing these,



Keep telling yourself that, I'm sure it will make it truer!

Smiley: rolleyes


Policies don't change if people stop trying to think outside of the box. If you're content with things as they are, you're welcome to it.
#39 Jun 30 2006 at 2:06 PM Rating: Excellent
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Wow.. compared to Gbaji and Niobia in one day. If I were you, instead of cutting my losses I'd forge ahead for a Varrus comparison and score the trifecta!
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Wow. Regular ol' Joph fan club in here.
#40 Jun 30 2006 at 2:08 PM Rating: Decent
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Queen bodhisattva wrote:
He asked for his right to representation, he was denied that right.

Thats where it falls apart.


Very true...but he did keep talking...so isn't it his own fault still? He could have just shut up and waited, but he didn't. I have to agree that he screwed himself here.
#41 Jun 30 2006 at 2:09 PM Rating: Decent
Jophiel wrote:
Wow.. compared to Gbaji and Niobia in one day. If I were you, instead of cutting my losses I'd forge ahead for a Varrus comparison and score the trifecta!


I don't think anyone else can be that republican and racist at the same w/o some sort of hole being ripped in the fabric of the universe. I'll pass, thanks.
#42 Jun 30 2006 at 2:15 PM Rating: Good
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Metastophicleas wrote:
but he did keep talking...so isn't it his own fault still? He could have just shut up and waited, but he didn't.


Once that step is crossed, once that right is denied anything and everything collected was inadmissable. Doesn't matter if the guy started bragging about murdering the little girl.

Althrun see's this as unjust and silly. He is just failing to see why it is so vitally important, even if it means cases like this where evidence damning a guilty man has to be set aside.
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#43 Jun 30 2006 at 2:25 PM Rating: Decent
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It all depends on which you think is worse, sending an innocent to jail, or letting a guilty man go free.
#44 Jun 30 2006 at 2:32 PM Rating: Good
Lord Darkuwa wrote:
It all depends on which you think is worse, sending an innocent to jail, or letting a guilty man go free.


No it doesn't. It all depends on whether or not you think cops should need to follow the rules or not. You may think it's the greater moral conundrum you've presented, but that's because you're wrong.
#45 Jun 30 2006 at 2:33 PM Rating: Good
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See we have this wonderful set of stops and checks that keep that from being the case.

In this case the police officer made a HUGE mistake at the most fundamental level that tainted the admission of guilt so as to be inadmissable in a court of law.

That is not the laws fault. To try and apply some makeshift "the law only applies in certain situations" is a flawed reaction to the outcome of what is basically the officers mistake.
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#46 Jun 30 2006 at 2:37 PM Rating: Decent
Queen bodhisattva wrote:
Metastophicleas wrote:
but he did keep talking...so isn't it his own fault still? He could have just shut up and waited, but he didn't.


Once that step is crossed, once that right is denied anything and everything collected was inadmissable. Doesn't matter if the guy started bragging about murdering the little girl.

Althrun see's this as unjust and silly. He is just failing to see why it is so vitally important, even if it means cases like this where evidence damning a guilty man has to be set aside.


disagreement != inabilty to see. So I want some way of being able to have both a just and fair system *and* not have such technicalities even a factor (and officers following procedure always is not an option for rebuttal. I'm talking about some way so that such procedures aren't needed.).

If that makes me an idiotic blind ponce who is so full of himself that he doesn't listen to others, or some admin-obsessed nutjob who thinks that a lawyer consists of lines on a website...... eh.
#47 Jun 30 2006 at 2:38 PM Rating: Good
Althrun wrote:
that makes me an idiotic blind ponce who is so full of himself that he doesn't listen to others, or some admin-obsessed nutjob who thinks that a lawyer consists of lines on a website
And how!
#48 Jun 30 2006 at 2:42 PM Rating: Decent
Elderon the Wise wrote:
Althrun wrote:
that makes me an idiotic blind ponce who is so full of himself that he doesn't listen to others, or some admin-obsessed nutjob who thinks that a lawyer consists of lines on a website
And how!


Smiley: clap

Ok, you caught me. I'm actually Niobia's and gbaji's love child, come to seek revenge against you all with inane ramblings.

I'll leave you to figure out who the mother was in that relationship.
#49 Jun 30 2006 at 2:42 PM Rating: Decent
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Ever see My Cousin Vinnie? An innocent man can "accidentally" "admit" to a crime without knowing it.
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#50 Jun 30 2006 at 2:45 PM Rating: Good
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Althrun wrote:
that makes me an idiotic blind ponce who is so full of himself that he doesn't listen to others, or some admin-obsessed nutjob who thinks that a lawyer consists of lines on a website

Its cute when you are wrong and angry!

Lash out baby!
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#51 Jun 30 2006 at 2:47 PM Rating: Good
Debalic wrote:
Ever see My Cousin Vinnie? An innocent man can "accidentally" "admit" to a crime without knowing it.


Only in a world where Joe Pesci is banging Marissa Tomei.
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