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  1. #101
    Bammer's Papa
    Kulindahr's Avatar
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    Re: Justice and (our) humanity

    Quote Originally Posted by JockBoy87 View Post
    You could correct indifferent prosecutors who cannot tell or cannot care to tell mens rea from diminished capacity.
    Diminished capacity is treated as evasion, which is taken to indicate guilt. Thus it's easier to convict the mentally ill.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  2. #102
    Bammer's Papa
    Kulindahr's Avatar
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    Re: Justice and (our) humanity

    Quote Originally Posted by bankside View Post
    When the justice system is a theatre catering to the mob's prejudices so that the "actors" can do well at the next election, it says a lot for the Commonwealth practice of appointing judges instead of letting popular opinion hold sway.
    I could go for a professional judgeship, subject to citizen recall but not chosen by vote.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  3. #103
    JockBoy87
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    Re: Justice and (our) humanity

    Quote Originally Posted by Benvolio View Post
    How many people want dangerous people with diminished capacity out on the street? Perhaps there will come a time when it will be possible to ascertain mental illness accurately, predict accurately the probability of future violence or crime, and reliably cure or control it. Until then, there will be little support for making diminished capacity or mental illnessa defense.
    Kulindahr didn't say streets.

  4. #104
    JockBoy87
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    Re: Justice and (our) humanity

    Quote Originally Posted by Kulindahr View Post
    Diminished capacity is treated as evasion, which is taken to indicate guilt. Thus it's easier to convict the mentally ill.
    If only jury nullification were a more widely known concept.

  5. #105

    Re: Justice and (our) humanity

    Quote Originally Posted by JockBoy87 View Post
    If only jury nullification were a more widely known concept.
    The most frequent form of jury nullification happens when the jury disregards the instruction that proof of guilt must be beyond a reasonable doubt.

  6. #106
    JockBoy87
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    Re: Justice and (our) humanity

    Quote Originally Posted by Benvolio View Post
    The most frequent form of jury nullification happens when the jury disregards the instruction that proof of guilt must be beyond a reasonable doubt.
    Point taken.

  7. #107
    JockBoy87
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    Re: Justice and (our) humanity

    ^^^

    Then again, due process in the 5th and 14th amendments are understood as of 1895 to mean presumption of innocence. Juries cannot nullify the US Constitution, but they often do.

  8. #108
    Bammer's Papa
    Kulindahr's Avatar
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    Re: Justice and (our) humanity

    Quote Originally Posted by JockBoy87 View Post
    Kulindahr didn't say streets.
    Thanks for paying attention to what I actually said -- making up things someone thinks I said or should have said seems to be a common hobby here lately.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  9. #109
    Bammer's Papa
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    Re: Justice and (our) humanity

    Quote Originally Posted by Benvolio View Post
    The most frequent form of jury nullification happens when the jury disregards the instruction that proof of guilt must be beyond a reasonable doubt.
    Yep. Jefferson, Washington, Franklin, Adams would all be anguished. That legal maxim, in Jefferson's version, should be on the wall of every jury room in the country:

    Better a thousand guilty walk free than one innocent person be punished.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  10. #110
    Bammer's Papa
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    Re: Justice and (our) humanity

    Quote Originally Posted by JockBoy87 View Post
    ^^^

    Then again, due process in the 5th and 14th amendments are understood as of 1895 to mean presumption of innocence. Juries cannot nullify the US Constitution, but they often do.
    As do prosecutors and judges when they play games with the law.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  11. #111

    Re: Justice and (our) humanity

    Quote Originally Posted by Kulindahr View Post
    Thanks for paying attention to what I actually said -- making up things someone thinks I said or should have said seems to be a common hobby here lately.
    No one said that you said streets. Don't get paranoid on us.

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