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The Misfit Absinthe Forum > The Sand Box > Political Bullshit
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Stroller
Officer dies from 40-year-old gunshot

Seems to me the guy didn't serve enough time to begin with. I wonder how many cases are out there that could be reopened under similar circumstances.
Louched Liver
Why is your avatar
Herve Villechese (sp)
in an office cubicle?

I'm guessing he
worked at a
travel agency.
Stroller
Cus he was a happy drunk like Cros.
Louched Liver
Um, xure...
DrinkSlinger
You're kidding right?

That's not Herve, it's the dude from the X files.

Duh!
Louched Liver
Herve Duchovny?
G&C
Now that was almost funny.
Louched Liver
This is almost
the place for
almost humor.
alanmoss
In that case, it could almost be the place for this sad tale of a woman and her pet camel.
Louched Liver
He musta
seen her
camel toe.
Bognoz
Was that one hump
or two?
Louched Liver
I doubt she
had a labia-ectomy.
greeneyes
Type II female genital cutting is not routinely practiced in Australia, however, it has become an issue there due to migration.
Off. Jack Batemaster
Those crazy Austrians!

IPB Image
Porkio
Let's not bring those Australian Flight of the Conchords into it. They would never hurt the ladies, they just want to do something special for them:
Ladies
Louchelooker
New Zealand not Austrian or Australian.
sixela
QUOTE(Porkio @ Aug 28 2007, 04:56 PM) *

Let's not bring those Australian [sic] Flight of the Conchords into it. They would never hurt the ladies,


Or mermaids, for that matter.
Le Gimp
QUOTE(Stroller @ Aug 22 2007, 03:49 PM) *

Officer dies from 40-year-old gunshot

Seems to me the guy didn't serve enough time to begin with. I wonder how many cases are out there that could be reopened under similar circumstances.


He might be a scumbag weezle repete criminal, but if I were on a jury he would not get convicted again for the 1966 crime.

"Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.

...snip... nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; ..."

He was convicted and punished once. The judge and jury should have thought it through the first time.
G&C
He was convicted of assault with the intent.

Now they can go on the new charge, murder.


Not double jeopardy.
Le Gimp
But they are still charging him for the same event. It is bullshit.
jaded prol
Gimp's right.

Stroller
So, if you were in an accident with a drunk driver (who was charged & convicted of a DUI) and the accident caused some sort of permanent damage that contributed to your death 30 years later would the drunk driver be charged for manslaughter?
Le Gimp
At the time of the trial (Barne's) the prosecution should have presented expert witnesses including medical professionals to testify as to the extent of the injury caused by the shooting. The expert witnesses should have been able to describe the long term effects of the shattered spine including complications which could lead to death. If the prosecution failed to do that it is their fault for not pushing for a greater sentence than Barnes received.

The current prosecution is just looking to put a feather in their cap for another successufll prosecution so they can get re-elected next time the voters have their say.

It is political bull shit that and the voters will have to pay for the trial. (Not to mention the appeal which will certainly take place if he is convicted.) If they convict him they will put a dangerous 70 year old in jail and the tax payers get to pay again (not to mention taking up space t hat should be occupied by a greater threat).

Whoo-pee!
TheGreenOne
No, he would be elected to Congress.
Stroller
I think the sentence wasn't enough to begin with, I just think the ramifications are interesting. I was thinking of all the civil wrongful death lawsuits that could pop up decades after the original injury.
Louched Liver
Really?

A lot ya think?
TheGreenOne
Not to be confused with thinking a lot.
Louched Liver
No problem
w/that xit
here.
TheGreenOne
Never thought about it.
Louched Liver
How unthinking
of you.
TheGreenOne
I need to think about that.
Louched Liver
I thought so.
Le Gimp
Civil suits are totally separate from criminal suits. Look at the OJ trial.

I agree the original sentence was lax, this does not have any bearing on the current situation.

The prosecution screwed the pooch once and wants another go at it?

Bull Shit!

That is just wrong.

And I'm making this argument as someone just left of who? Hitler?


Sheee. I can't believe I'm taking this side of the argument.
Kirk
Gimpy is absolutely right, I can't believe it's even on the table.
Sign of the times, buncha weasel scum bags, wasting my money, trying to look good.
jaded prol
Too much "tough on crime" at the bottom. Not enough at the top.
Louched Liver
I had a tough
time on my
bottom.

Where'd those
pictures get to?
sixela
QUOTE(G&C @ Aug 30 2007, 04:00 PM) *

He was convicted of assault with the intent.

Now they can go on the new charge, murder.


Not double jeopardy.


Not the way it's treated in EuroFuckyLand - we don't have the same stupid double jeopardy mess the US Supreme Court has foisted upon its unsuspecting masses.

You can't be tried twice for the same *facts* here (in Dutch "voor dezelfde feiten"), regardless of how many offenses those encompass - it is the duty of the "Procureur des Konings" (i.e. our equivalent of the DA) to make sure they charge someone with the relevant offenses in the first place.

I'm not even sure that in the US anyone but the Supreme Court would be able to finally determine if the offenses in this case fail or meet the Blockburger test, i.e. whether the two charges "requires proof of an additional fact which the other does not", as it depends entirely on what meaning the word "fact" is taken to hold in this context in Blockburger.

Kirk
Depends on what "is" means.
Funny thing is, he already spent more time in prison for that charge than most murderers do, I think the average used to be something like 12 years.
Louched Liver
Boils down to-
Shoot to kill.
Stroller
Depending on how bad they want to punish him for the death, the federal government could bring charges against him. State charges & Federal charges are not considered double jeopardy.
sixela
Even there, things are as murky as they could be, courtesy of the US Supreme Court.
Le Gimp
Like I said.

We got screwed in 1864.

Been paying for it ever since.
Nymphadora
Damn Yanks.
Louched Liver
I can't wait
to get back
above the
Mason suck-
my-Dixon line.
greeneyes
I'm glad to hear you have such kindly relations with the Masons.
Louched Liver
It's a secret.

Those cool aprons
turn me on.
Kirk
There's good masons and bad masons.
Butt did you see what Whoopie says about Southerners?
She makes black people and southerners look bad.
greeneyes
No.
jaded prol
Release the hounds.
Kirk
"You know from his background this is not an unusual thing for where he comes from," said Goldberg.

"There are certain things that are indicative to certain parts of our country."

Co-host Joy Behar seemed shocked at Goldberg's statements.

"How about dog torture and dog murdering," Behar asked.

"Unfortunately it's part of the thing," Goldberg replied.

"You're a dog lover. For a lot of people dogs are sport," she added.

Behar continued to shake her head in disgust.

Goldberg said it seemed to her that it took a while for Vick to realize that the charges against him were serious.

"It seemed like a light went off in his head when he realized that this was something the entire country really didn't appreciated, didn't like," Goldberg said, referring to Vick's guilty plea.

She said if the case had involved somebody from New York City her feelings would have been different.

Goldberg pointed out that Vick was raised in the South.

"This is part of his cultural upbringing," said Goldberg.

Co-host Elisabeth Hasselbeck said she was encouraged by the NFL suspending Vick indefinitely.

But Goldberg continued to defend Vick saying "This is a kid who comes from a culture when this is not questioned."

It was Goldberg's first day moderating the talk show. She took over from Rosie O'Donnell who quit the show earlier this year after feuds with Donald Trump and Hasselbeck.

Last month Vick entered a guilty plea in federal court in Richmond, Virginia

In his written plea, Vick admitted helping kill six to eight pit bulls and supplying money for gambling on the fights.
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