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Don't got a 5th ammendment here but system works pretty much the same way. Actually in Canada our system gives the criminals even more benefit of the doubt from what I hear.Too bad there wasn't some sort of truth syrum or brain scan that was failsafe as far determining guilt or innocence but guess that would be unconstitutional also. Have I been watching too much CSI  Guess we'll just have to put up with the occasional known guilty party getting off since we have a judicial system that enables it.  I just wish it didn't happen. | ||
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Quote: VERY VERY WELL SAID!!!!! | |||
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We have a situation here in Canada, known as the "Air India Trial" which is the result of the destruction of an Air India passenger jet by bomb off the coast of Ireland some two decades ago. This situation has cost we Canadian taxpayers 100s of millions of dollars and it is not over, yet. This was, the Crown states brought about by two immigrant, turbaned, radical Sikhs, who have received enormous sums of tax dollars for their defense, although one of them is a multi-millionaire. I mention this because I do not want any of the good Americans on this forum to think that I am in any way soft or liberal on crime or non-traditional immigration. I loathe these groups who come to North America, constantly belittle and complain about the US and Canada, while demanding that their customs take precedence over ours; this while demanding grants for "immigrant settlement", "multiculturalism" and whining about "racism". The fundamental problem here is that immigration MUST be rigidly controlled and any immigrants granted the privilige of entry into the USA or Canada be made to understand that they must assimilate or be deported, period. I am in no sense a liberal and I am a rock-solid social conservative, BUT, either we stand fast for the rights of everyone who is living here, or, we eventually lose all of our rights, that is my basic premise. | |||
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Ya, It's funny how you see peoples' true colors when something like this happens. He is a gook.. mexicans... are doing this.. . that and the other. They are not gooks,mexicans polocks .. ect . they are Americans. We are all in this together man. My family has been here since the 1600's and I am still a mexican... Sad, Lucio | |||
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Quote: The problem is that people want to be "American" when it benefits them (as in, "you violated my rights", sometimes before they are even citizens), but also want to be "African-American", "Asian-American", "Latino", etc when it benefits them (as in "minority rights", "equality", "affirmative action", low interest loans, free schooling, job "placement", etc). Too many try to play both sides, as they see fit at the time... And that's not racism talking, it's the plain truth. | |||
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IF EVERYONE here was called for jury duty and was sitting on a jury, and BEFORE any EVIDENCE was presented, formally, with sworn testimony, in the court, and you were asked for a verdict RIGHT THEN, under our system of "justice" your vote would HAVE TO BE NOT GUILTY you ARE INNOCENT, UNTIL proven GUILTY in a court of law. that is how it works. AND YOU HOPE AND PRAY it never works any other way. | |||
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Good Lord, I did not think this could get worse than the 1st reports, but it looks that way. After reading the police report I realize that these people had no idea what they were up against and even if armed better may not have survived. This was simply combat against unexpecting innocents. This guy is finished and that is the good news. If he had two others with him and if any are connected with that 2001 hunting death, the criminal system BETTER catch them. Before this, no civilian (me included) would have had much a chance in a firefight alone against this guy. His precalculated ruthless determination (took off the scope for close combat, had the presence of mind to reverse his jacket after the 1st melays, basically confirmed kills meaning by his own account he finished off anybody who stood, etc......) is scary. Guess from now on we gotta be real prepared when approaching or being approached in the woods. Might even have to start carrying my pocket pistol should it get down arms length fighting. This is ridiculous!!!! Deke. | |||
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Quote:Quote: IT'S a voi dire question LOTS of defense attorneys use to get the attention of the jury that NO MATTER what they have heard or have seen or think..OJ, Scott Peterson, THIS case, To make sure that the jury understands the defendant IS INNOCENT at that time and no amount of press releases or information leaks can "taint" that situation. Prior to the presentation of ANY court room evidence being heard, "IF you were asked to bring a verdict right now, what would that verdict be?" then he/she will ask a specific juror for and answer. Then explain that the defendant IS innocent at that point and the jury has an obligation to look at him/her that way. Just an awful lot of pronouncements of "GUILTY" going on here. LOTS of shoot him, give him to the families, bury him...etc. that is not how it works here in the USA. I've been locking people up and sending them away to prison for over 34 years now so I am NOT a "lefty" of any sort. Just that a lot of folks have paid the ultimate sacrifice for our way of life and the way we do things. A lynch mob mentality does NOT relfect well on us when the whole world watches what we do. Even a prostitute can be a victim of rape. | |||
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Quote: BE CAREFUL what you wish for or you may find yourself back into the days where beating a "confession" out of a suspect was acceptable and would be admissable at trial. If a client discloses something in confidentiality to his attorney, are you saying that the statement must be disclosed to the opposing party?? Are you saying, if the defendant says to his attorney "yeah, I did it, but the police screwed up because......" that the attorney has to disclose the "confession"? just trying to get an idea of where this is going. OR are you just saying for CIVIL cases not CRIMINAL cases? | |||
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Yeah Lawcop, but in the guy's own words, he basically followed them, shot them in the back, returned to the original scene to finish the job, etc. So, OK, I'll grant you that "right now", yeah, in the eyes of the justice system, technically he may be innocent. But real world, guilty. (But I guess I can't say that until AFTER the trial huh.) | |||
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No jury-no trial--JUST WASTE THE BASTARD. | |||
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I don't know, I am just a layman and obviously know little about the process other than it is not right to have knowledge of a persons guilt yet withhold that evidence. In my opinion it might be feasable to have the prosecution and defence representatives present at all times when interviewing/counselling a suspect/client. IMO it is not justice when the defence side of the case can be privy to pertinent information that is not available to the other side, yet the otherside/prosecution has to give full disclosure of their evidence to the defence. I don't suggest anyone beat a confession out of anybody, but something needs to be changed. If a suspect makes a confession to a lawyer, or lawyer finds evidence of guilt then the courts should be privy to it. All I'm trying to say that one side should not be allowed to supress/hide information and the other can't. How is a court supposed to make a correct judgement when information is witheld? | |||
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Quote: IT'S CALLED the 5th Amendment to the Constitution. THe right to NOT be subject to self incrimination. Also the 6th is to provide the right to counsel. How can you talk to counsel if they are going to report what you say? Your counsel then is no different then the authorities. AND you cannot talk to your counsel because if he/she is going to report what you say, you are engaging in self incrimination. No one to talk to about your situation other then in essence the gov't. The Founding Fathers did not have that in mind when they drafted the Constitution. Actually on the criminal side of the defense bar, most of them will tell their clients to plea instead of going to trial because they ARE guilty. Without the defendants ability to talk to his attorney without fear of what he says being used, there would be LOTS more trials which in turn costs LOTS more taxpayer money. | |||
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LawCop: Remember, Oscar is Canadian. They don't have a 5th amendment up there. So the concept is foreign to a lot of Canadians. seafire | |||
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