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Author Topic: One of those days.  (Read 1219 times)
Jerrymac
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« on: May 22, 2007, 04:17:35 PM »

How would you like to be at your job, doing what you are suppose to be doing, and suddenly from out of the blue, you're a criminal. In fact you might even have to register as a sex offender the rest of your life. And all you were doing was sitting behind a cash register.

http://www.klbk.com/news/default.asp?mode=shownews&id=2259
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abejaruco
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« Reply #1 on: May 22, 2007, 05:24:16 PM »

Quote
“As a voter and a taxpayer, if you think the law is not fair, that’s what democracy is all about. Go talk to your congressman and see if you can get the law changed” says Grace.
huh huh

So easy.....



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Understudy
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« Reply #2 on: May 23, 2007, 01:16:20 AM »

Ask for a trial by jury.
Jury Nullification is a wonderful thing.

Sincerely,
Brendhan
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KONASDAD
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« Reply #3 on: May 23, 2007, 10:57:44 AM »

Ask for a trial by jury.
Jury Nullification is a wonderful thing.

Sincerely,
Brendhan

Its evidentiarily impermissable to argue for jury nullification. The jurors who sit on this jury would have to be able to convict if the facts are proven beyond a reasonable doubt. Its analogous to death qualification on juries. In order to sit in a death penalty case, you must be able to convict on death under some, but not all circumstances. Since the law is presently valid, those jurors who are honest and say when asked at voire dire, whether they could consider whteher the toys are obscene, must say yes they could consider convicting, or they would be ineligible to sit. The store owner should argue they are educational, to show the citizens of Lubbock what real body parts are suppossed to look like. LOL
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"The more complex the Mind, the Greater the need for the simplicity of Play".
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« Reply #4 on: May 23, 2007, 11:17:30 AM »

Ask for a trial by jury.
Jury Nullification is a wonderful thing.

Sincerely,
Brendhan


Its evidentiarily impermissable to argue for jury nullification. The jurors who sit on this jury would have to be able to convict if the facts are proven beyond a reasonable doubt. Its analogous to death qualification on juries. In order to sit in a death penalty case, you must be able to convict on death under some, but not all circumstances. Since the law is presently valid, those jurors who are honest and say when asked at voire dire, whether they could consider whteher the toys are obscene, must say yes they could consider convicting, or they would be ineligible to sit. The store owner should argue they are educational, to show the citizens of Lubbock what real body parts are suppossed to look like. LOL


I understand that is what the law is. And that is how it was designed to work. However in Atlanta they just declared a mother not guilty on 16 counts of fraud related to a school district issue. Where she basically lied on the school paperwork about where she lived. The jury didn't find her not guilty because she was in the right. They found her not guilty because the laws were basically bogus as preceived by the jury.  The judge could have over ruled the jury's verdict (extreme) but he didn't and the county basically got their butt handed to them for a group of laws that no one appeared to like anyway. While it is not true jury nulification, the not guilty on all 16 counts does send a very strong message.
http://www.wsbtv.com/news/13346184/detail.html?rss=atl&psp=news

Now as to whether or not something is obscene to a jury or not can be looked at by the judical branch and lawyers as job security. Because I am certain that anything used in a certain context can be labeled obscene.

The bigger question is if this buisness had all the proper licenses to operate and wasn't working outside of it's scope (say like a fast food place selling insurance), how can they do this? Also making the person be labeled as a sex offender seems extreme. See my above analogy on how a jury in Atlanta reacted to another extreme law example. They could have just pulled the license to operate the buisness.

If they do go to court and she is found not guilty on all counts, while not a true precedence, I think it would have an impact.

Then again she could be found guilty. Juries can be interesting. You wonder why on some trials they will dump big money into picking potential jurors. If the jury of her peers is a bunch of repressed individuals she is doomed.

Sincerely,
Brendhan

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KONASDAD
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« Reply #5 on: May 23, 2007, 11:42:45 AM »

Well said. The only certain thing about juries, is their uncertainty. Megans(sex offender status) law is very broad and covers too many situiations from where I stand. I'll one up you w/ assinine applications of Megan's law. I presently represent a young man who failed third grade and was left behind. Flash forward to this year, he is a senior in H.S.. He takes his freshman date to the snow ball at holiday time . You know hwta happens. Only he 19, and the girl is 15. He is 4 yrs 3 mos and 17 days too old to have had a physical relationship w/ someone less than 16. The penalty if convicted... 7 yrs prison at 85% parole disqaulifier. The min the judge could give w/o losing their robe would be 3yrs at 85%. Megans law registaration, and lifetime parole  known as CSL(comm supervision for life)  . This means for the rest of his life, he is on parole. He gets bed schecks at random, drig and alciohiol screens for life at random, they show up at work to see how you are doin for life. Internet poatibng, fcommunity notification for life. As a practicle matter, you can never leave this state and move to another state w/o that state's permission. The pros office say they will "deal this case" cheaply. One year in jail, and all of the megans law and CSL requirements which are mandatory and can not be waived. My client was on his way to college on a partial academic and athletic scholorship. His life is now on "hold".  Probably forever.
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« Reply #6 on: May 23, 2007, 12:02:34 PM »

I don't envy you the job you have to do.

Now you have someone with the potential to be labeled a sex offender. Next you will have the Patriot Act labeling someone a terrorist because of the way the law is structured.

Maybe I can work at lingere store that sells Dick Cheney blow up dolls. How many years am I looking at? evil

I know I could argue that the Dick Cheney doll was educational. grin
Or at least decrotive because I used it as a flower holder.

I keep flashing back to the scene in Clerks where Dante is fined for selling the cigarettes to a minor when he wasn't the one who did it.


Sincerely,
Brendhan

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The status is not quo. The world is a mess and I just need to rule it. Dr. Horrible
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