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this is a discussion within the NFL Community Forum; Originally Posted by CantonLegend now criminals who are serving life sentences can get out early.....the death penalty is being harrassed.....and even laws are being bent to persuade a judge/jury that a person is guilty until proven innocent What are you ...
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#1 |
100th Post
Join Date: Oct 2007
Posts: 446
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Re: Steelers trade Holmes to Jets for fifth-round draft pick
Originally Posted by CantonLegend
What are you trying to say with this statement? It seems to contradict itself. The first two points indicate laws are getting less stringent by eliminating the DP and reducing sentences. Yet the third statement would mean they are getting tougher by "persuading" juries to prosecute innocent people. What is your point and what does it have to do with this?![]()
Originally Posted by CantonLegend
First of all you have no idea the factuality of this statement. Go to your local jail and ask how many inmates in there are innocent. I bet it's a pretty high number. If 5 percent of them are telling the truth, then it can add up to a lot of people. I'm not saying any system is better than ours, but to say definitely that someone did or did not commit a crime even based on the outcome of a jury trial (or even worse a judge trial) is blind. Our own system realized this when they put in the appeal process. It allows for the chance to review a verdict because so very often it is wrong. ![]()
Second of all we aren't talking about a situation where a person was found Not Guilty. No trial was had due to a lack of evidence. So it is his word against hers. Not enough for a prosecuting DA to waste his/her resources on. This is very similar to the thousands of robberies, muggings, car thefts, and yes rapes that happen every day in this county and go unsolved or unreported. Unsolved crimes happen all the time in our perfectly set up judicial system. I guess you are fortunate enough to never have been a victim of a crime and experienced this first hand. But I would bet there are far more crimes committed in this country that go unpunished than cases where the legal system gets it right from arrest to prosecution to sentencing.
Originally Posted by CantonLegend
Blame falls back on the woman? What blame?![]()
Originally Posted by CantonLegend
Of course he is, because the legal system always gets it right and the bad guys always get what's coming to them ![]()
![]() I'm not saying that he did assault the girl because I wasn't there. But I'm guessing you weren't either. So you saying he positively did not assault her because the DA decided that there wasn't enough to charge him on is a total guess on your part even if you don't want to admit it. Tell me this, if nothing happened as you claim, then why didn't the police file charges against her for filing a false police report? |
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#2 |
Donated Plasma
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Re: Steelers trade Holmes to Jets for fifth-round draft pick
Originally Posted by SAINT_MICHAEL
Well then allow me to ask you this: Of the total number of people that have been convicted of a crime and are in jail and otherwise alive, how many of them are innocent? You cannot make the "Very often it is wrong" claim any more than Canton can make the very often it is right claim. ![]()
In fact, Canton, based on the number of overturned convictions related to those that aren't, is in a much better place to make his assertion than you are yours. The TRUTH (and any number you find will back this up) is that the majority of people in jail are rightfully there. Our system works, which is not to say it doesn't make mistakes, and Ben's situation if proof of the former, not the latter. Ben is innocent because there is insufficient evidence to show otherwise. INNOCENT UNTIL PROVEN GUILTY BY THE GRACE OF GOD! The prosecutor is aware of this. Why aren't you? |
C'mon Man...
Last edited by saintfan; 04-13-2010 at 07:34 PM.. |
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#3 |
100th Post
Join Date: Oct 2007
Posts: 446
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Re: Steelers trade Holmes to Jets for fifth-round draft pick
Originally Posted by saintfan
Really? Well, I am no lawyer, but a quick google lookup found this:![]()
Law.com Charts: State by State Comparison and this: 68 Percent Error Rate Found in Death Case Study Now I did not write these so there may be some falsehood to them, but I feel confident in saying that a court decision being overturned on appeal is hardly a rare occurrence. Again, this is why they have an appeal process in the first place; they new they would be needed because screw-ups would happen. If you add into this the number of people let free because of DNA evidence after the fact (There have been 252 post-conviction DNA exonerations in the United States since 1989), I feel “so often wrong" is a fair assessment. When we are talking about the seriousness of being on trial, a 1 % rate of error or overturn on appeal should be considered too high IMO. I’m guessing you would too if you were on trial yourself or seeking the conviction of the person that raped your mother/sister/daughter.
Originally Posted by saintfan
I'd agree that the majority of the people in jail are guilty of a crime. But my point was more about the people that commit crimes and do not go to jail either because 1) they were not caught or 2) they were caught by could not be proven guilty. Disagree if you want, but I'm not naive enough to believe that just because a person isn't brought to trial for a crime, it means they 100% for sure did not commit the crime. No person was found guilty or ever tried for the murder of JonBenét Patricia Ramsey. That sure doesn't mean no crime was committed. Ben’s situation proves nothing. All we can do is speculate.![]()
Originally Posted by saintfan
Because I keep my eyes open I guess. And so does the prosecutor. Ben was not charged for the crime of sexual assault in the eyes of the law. That is not the same as innocent. If it was, then the police would not have made that snide comment about prosecuting morals. They would have said, “We are convinced that Mr. Roethlisberger was guilty of no wrongdoing and we are happy to completely clear him of all charges. We are contemplating legal action against the woman who has falsely accused him”. But no, that didn’t happen. Who knows how he will be tried by the EYES OF GOD?![]()
I'll go back to my previous example because it fits, people are aware of it, and it is easy. OJ was found not guilty of the murders. Yet strangely enough the LAPD (and the prosecutor whom you mention above) did not say "Gee, that guy was found not guilty. We must have had the wrong guy after all. We'd better go out and catch the real killer." Why not, because they felt they had the right guy to begin with. Because he wasn't found guilty, should they have re-opened the investigation following other leads? Of course not. It would have been a waste of time and money. Our perfect system had another glitch. So to sum up you are obviously going to believe what you want to. But I believe there are enough mistakes in our legal system, both against the innocent and for the guilty, that it is foolhardy to blindly believe someone's guilt because one lawyer was more persuasive in court than another or someone's innocence because a DA realizes it is a waste of taxpayers money to pursue a case he cannot win against the kind of high dollar legal team that Roth. would buy. |
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#4 |
Donated Plasma
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Re: Steelers trade Holmes to Jets for fifth-round draft pick
Originally Posted by SAINT_MICHAEL
Have you ever committed a crime? Probably. Are you in jail? Me neither. ![]()
You speak of 'blind belief', and understand where you're coming from, and I don't think I'm believing anything blindly. I AM saying there was not enough evidence to take Ben to trial. I cannot make the assumptions you are willing to make: specifically that the DA in this case doesn't want to go up against Ben's amazing legal team. You don't know that. You can't know that. As for cases being overturned, most aren't. Now, if you want to talk about how many capital punishments cases are overturned, then you should start another thread. In most cases the punishment was reduced because of error, but the convicted individual remains convicted, likely because he was guilty. You reference 'our perfect system'. So far, you're the only person here that's referenced it as 'perfect'. At least I know I haven't said it was perfect. Also, nobody here has indicated that just because someone isn't tried means they "100%" didn't commit a crime. I can never no. Neither can you. What's your point exactly? That Ben is guilty because we all know he did it? |
C'mon Man...
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#5 |
Merces Letifer
Join Date: Dec 2004
Posts: 4,161
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Re: Steelers trade Holmes to Jets for fifth-round draft pick
Originally Posted by saintfan
It doesn't work that way. Insufficient evidence to bring to trial does NOT equate to innocence by no one's grace. Ask John Gotti. Well, you can't, he's dead... but the point is, how many times was Gotti prosecuted and found not guilty? How many times do you think federal prosecutors wanted to bring Gotti to trial but they didn't have enough evidence to do so? Did that mean Gotti was "innocent"? Don't think so.![]()
As for Big Ben, well, is he really free of all blame for this last incident? Well, I don't know. Surely this being his 3rd incident of the kind does give me some doubt as to his "innocence"...
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'Cause the simple man pays the thrills, the bills and the pills that kill
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#6 |
Donated Plasma
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Re: Steelers trade Holmes to Jets for fifth-round draft pick
Originally Posted by Tobias-Reiper
Oh it does work that way. If we're talking semantics ( and it appears as though we are ), neither I nor you KNOW if Ben is "Innocent" of rape or picking his nose, but in the eyes of the law, in this case, he is not guilty because they didn't have enough to charge him and so guess what? Innocent. Same as Capone, or Gotti, or anyone else...UNTIL such time as there is enough evidence to convict and that evidence is presented in such a way that a conviction is achieved. A person is innocent until proven guilty in the eyes of the law. Period. That doesn't mean they didn't do the crime.![]()
Is OJ a murderer? Guess that depends on which side of the semantics argument you wanna be on. |
C'mon Man...
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#7 |
Merces Letifer
Join Date: Dec 2004
Posts: 4,161
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Re: Steelers trade Holmes to Jets for fifth-round draft pick
Originally Posted by saintfan
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I am going to stop, but before I do, I will just tell you this: language is everything in law. Semantics in law are a ***** ![]() "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation". |
'Cause the simple man pays the thrills, the bills and the pills that kill
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#8 |
Donated Plasma
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Re: Steelers trade Holmes to Jets for fifth-round draft pick
Originally Posted by Tobias-Reiper
In the eyes of the law, not enough evidence does equate to just that. What other brand can you put on a person? There is no 'purgatory' status. There is no "well, we all know he did it" status in law. I am presumed innocent, BY LAW, until proven otherwise, at which point I am guilty - or perhaps 'responsible' in the case of a civil trial. ![]()
So anyone that says Ben 'did this' or 'did that' or that the DA didn't 'do this' or 'do that' because of 'this' or 'that' is working without any real evidence, and as the accused, Ben has the right, BY LAW, to be presumed innocent, and the burden of proof lies with those that make those assumptions. And yes, the language is paramount, which is more or less my whole point. ![]() |
C'mon Man...
Last edited by saintfan; 04-14-2010 at 02:55 PM.. |
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#9 |
100th Post
Join Date: Oct 2007
Posts: 446
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Re: Steelers trade Holmes to Jets for fifth-round draft pick
Saintfan and Canton, I appreciate the dialogue. It is good when a hefty subject can be discussed without it degrading into name calling.
I believe you two have circled the argument back to the point I was making all along. First of all SF, Canton was the first to mention our perfect judicial system on post #67 with ” our judicial system is set up so perfectly”. I was playing off that because it obviously is not perfect. But my point is basically the same one you are making; that one should not assume anything. In none of my posts have I said that he is guilty of anything. Really, go back and read. I never mentioning him raping, forcing himself, assaulting, or even insulting anyone. My whole point is to point out the mistake you two are saying. And that point is you two are assuming he is “innocent”. You have both used that term multiple times. So, since he was not charged with anything. And I did not say he did anything specific, what exactly are you two saying he is innocent of?
Originally Posted by CantonLegend
Ok, if Ben did something, as you admit, how can he be innocent? Again, I never said he raped anyone. I merely said to assume he did nothing wrong simply because no charges were filed is a mistake. You accuse me of bias, and you assume he is innocent and you assume I am saying he raped her. But I never did, so who is showing more bias? ![]()
Originally Posted by saintfan
Yet you are assuming that Ben didn’t do this or he didn’t do that because not enough criminal evidence exists. Fine, I agree if there is not enough evidence to bring to trial that there is reasonable doubt as to weather or not he sexually assaulted her. That is the definition of proving guilt or not in a court. No where is the term innocent used. Weather or not you want to admit it, if you ask any trial lawyer, they will say the fact that he was not charged with assault could mean anything from Ben did nothing wrong at all to he did a lot wrong and was so good at covering up his tracks that they could not prove he did wrong. That is the point I’m making. To assume he did nothing wrong and is innocent of any wrongdoing has no more basis in fact than saying he defenitely did rape her. You fall back on the point that he wasn’t charged and therfore you say he is innocent (again I ask of what since he was not charged). Yet to validate this point you ignore the fact that it has been shown before (once, a dozen or a hundred times, it really doesn’t matter) that the judicial system makes mistakes and that guilty people can go free and innocent people can go to prison. ![]()
You actually make the point for me Saintfan when you say:
Originally Posted by saintfan
Well there you go. If you committed a crime you are not innocent. And yet you are not in jail. So if you have committed a crime and not gone to jail, why are you so set against the possibility that Ben committed a crime and avoided jail as well? Instead, you just keep shouting he is innocent. I'll agree he should not go to jail based upon what the police have to go on. But that is a long way away from being able to claim he is an innocent man.![]()
And if that is your point, you should realize that the term innocent is not part of the legal equation. In a court setting, the terms Guilty, Not Guilty, and reasonable doubts are the key ones. Innocent is for court movies. |
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#10 |
Merces Letifer
Join Date: Dec 2004
Posts: 4,161
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Re: Steelers trade Holmes to Jets for fifth-round draft pick
Originally Posted by saintfan
I love you, man! ![]()
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Tags |
new york jets, pittsburgh steelers, santonio holmes |
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