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In reply to the discussion: Nope. Sorry. I don't want to make it easier for the state when it comes to criminal prosecution [View all]jberryhill
(62,444 posts)214. Get a copy of the Bill of Rights
In this context, we are talking about the power of the government to deprive people of their liberty by locking people up or even executing them.
The primary concern of the authors seems not to be making sure that bad guys get punished. The primary concern seems to be making it hard for the government to lock people up or even execute them.
When you talk about "my Constitutional rights", you are including:
1. The right not to be compelled to testify against yourself.
2. The right to a speedy trial.
3. The right to a public trial.
4. The right to a trial by jury.
5. The right not to have excessive bail.
6. The right to compulsory process to obtain evidence and witnesses in your favor.
7. The right to an attorney.
8. The right to confront witnesses against you.
9. The right not to receive cruel and unusual punishment.
10. The right to be informed of the charges against you.
And a host of other ancillary procedural rights.
There is nothing, zip, nada, in there about any rights of crime victims. Again, it seems like the authors were much more concerned about giving the government unchecked power to lock people up or execute them.
We've only gotten serious about some of these rights within the last several decades or so. Even the right to an attorney was, before Gideon v Wainright, interpreted as the right to hire one if you can afford one, and not that the state should pick up the tab.
The whole scheme is biased toward protecting people against being locked up or executed. The authors of the thing seem to have been much more worried about being potential victims of a tyrannical government than being victims of crime.
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Nope. Sorry. I don't want to make it easier for the state when it comes to criminal prosecution [View all]
cali
Jul 2013
OP
I believe the immunity hearing would occur if someone now files a civil suit against Zimmerman
Lasher
Jul 2013
#178
But the state is not specifically looking for evidence that will exonerate the accused
hack89
Jul 2013
#23
A defense team can't establish reasonable doubt if they don't know it is there..
pipoman
Jul 2013
#44
That was certainly my experience with the jury that I served on earlier this year.
Arkansas Granny
Jul 2013
#92
I'd start with the money and resources available to the state for prosecution
rpannier
Jul 2013
#119
That certainly seems to be the case. In the legal system and pretty much everywhere else.
EOTE
Jul 2013
#150
The unserious nature of his 'injuries' seems to indicate he didn't try but rather
geek tragedy
Jul 2013
#85
No, I'm advocating not letting them start fights and end them by shooting the other person. nt
geek tragedy
Jul 2013
#140
Since he broke into her home with the intent of killing her, I would presume
geek tragedy
Jul 2013
#145
We can do this dance all day. If he initiates the conflict, she can shoot him
geek tragedy
Jul 2013
#157
So, in this completely hypothetical example one person goes to the other's
geek tragedy
Jul 2013
#162
You're asking me to serve as the jury without seeing actual forensics or testimony.
geek tragedy
Jul 2013
#166
To me, if you need to carry a gun into a place for self-protection, you ought
geek tragedy
Jul 2013
#171
There would be forensic evidence available, there would be fingerprints on the gun
geek tragedy
Jul 2013
#84
Use of force in self defense is not an affirmative defense in Delaware - it is a justification
hack89
Jul 2013
#237
Defending our crappy laws is still not a good argument when people get away with murder.
Dawgs
Jul 2013
#68
Dispatchers aren't cops, and even cops don't have the right to just order others...
friendly_iconoclast
Jul 2013
#136
I don't see a problem with going back to the traditional burden of proof on self defense
treestar
Jul 2013
#64
Correct. Relaxed gun laws are more to blame for this than the court system.
AllINeedIsCoffee
Jul 2013
#126
I'd just be happy if states heavily revised the so-called "self-defense" laws
Blue_Tires
Jul 2013
#134
There are actually some things the prosecution did in the zimmerman case that are troubling
anomiep
Jul 2013
#146
been on jury duty and in my county in wisconsin if the cop says you did it you are guilty
dembotoz
Jul 2013
#159