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  #31  
Old 07-12-2013, 04:39 PM
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He's out on bail.

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  #32  
Old 07-13-2013, 12:52 AM
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Originally Posted by HuskyMan View Post
I read somewhere that people who live in small town America (under 25,000 population) are TWICE as likely to be wrongfully prosecuted as people who live in large Cities.

Jerkwater, not the place to live, visit or drive through........
If you're suspicious in any possible way in a small town and county, expect scrutiny from the police/detectives/ and an out of control county D.A.

Small towns / communities are not the harmless place to be for getting railroaded by Gov't. officials. Example; "The Innocent Man" by John Grisham. The true story of the late, ex-professional baseball player Ron Williamson, charged and convicted of murder and sent to death row in McAlester, OK. by out of control Gov't. officials in Ada, Oklahoma.

Wrongful prosecution is a way of life in some communities.
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Last edited by Skid Row Joe; 07-13-2013 at 11:26 PM.
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  #33  
Old 07-13-2013, 03:33 AM
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Originally Posted by HuskyMan View Post
He was turned in by a foreigner no less. I certainly don't feel I have the right to call Canadian authorities and rat out someone living in Canada. I'm wondering what the legal implications are concerning a complaint made by a foreign Citizen? Are authorities required to respond to a foreigner's complaints? I mean, who is she to stick her nose into the business of the people of Texas?
That is an excellent point. A person in another nation felt frightened by someone she almost certainly will never encounter in any way and what, Interpol stepped in and took the menace off the streets?
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  #34  
Old 07-13-2013, 08:18 AM
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Quote:
Originally Posted by Skid Row Joe View Post
If you're suspicious in any possible way in a small town and county, expect scrutiny from the police/detectives/ and an out of control county D.A.

Small towns / communities are not the harmless place to be for getting railroaded by Gov't. officials. Example; "The Innocent Man" by John Grisham. The true story of the late, ex-professional baseball player Ron Williamson, charged and convicted of murder and sent to death row in McAlester, OK. by out of control Gov't. officials by Ada, Oklahoma.

Wrongful prosecution is a way of life in some communities.
It might have been that book or a review of the book where someone said that people living in small town America are twice as likely of being wrongfully prosecuted. Ron's is a scary story and proof that everything has a political slant.
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  #35  
Old 07-13-2013, 08:35 AM
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Originally Posted by cmac2012 View Post
That is an excellent point. A person in another nation felt frightened by someone she almost certainly will never encounter in any way and what, Interpol stepped in and took the menace off the streets?

I'd like to see the Texas authorities send her a hot nastygram telling her to keep her nose out of OUR business. Instead, they champion her cause and charge the kid. Upside down world.
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  #36  
Old 07-13-2013, 08:48 AM
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Originally Posted by cmac2012 View Post
Teen Justin Carter Faces Trial And Jail For Facebook Comment - Business Insider

Strange stuff, the kid makes a sarcastic if ill advised remark on facebook and has been in jail for several months awaiting $500K bond (finally posted by a donor) with trial to begin shortly for making terroristic comments.
I'm really surprised at this post.

You, unlike most, will usually do some research before putting up the typical hysterical and hyped media version of any event.

I did a bit of research (about five minutes) and confirmed that he's looking at a third degree felony in Texas, however the penalty is 2-10 years. Of course, the media uses the figure of "up to 10 years" so they can make the story more unbelievable.




§ 12.34. THIRD DEGREE FELONY PUNISHMENT. (a) An
individual adjudged guilty of a felony of the third degree shall be
punished by imprisonment in the institutional division for any term
of not more than 10 years or less than 2 years.
(b) In addition to imprisonment, an individual adjudged
guilty of a felony of the third degree may be punished by a fine not
to exceed $10,000.


My guess is that the prosecutor will allow him to plead to a misdemeanor, thereby allowing minimal time (probably community service).


Please don't fall for the desire of the press to manipulate your mind. Fight it whenever you can.
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  #37  
Old 07-13-2013, 09:15 AM
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^^^

And that's the problem. It was merely a bad joke and he should not be punished AT ALL for it, nor have a criminal record. How many times have we heard "dude, I'm gonna kill you?" Even that could be construed as a terroristic threat if the wrong ears heard it.

The plea-bargaining system in the US claims to benefit the accused, yet in reality it's a way for prostitutors (misspelling intentional) to use trumped-up charges to push people into pleading into slightly less trumped-up charges.

I'd support a rule that ALL felony cases have to go to trial in front of a jury. No pleas. The people doing the charging should either put up or shut up. Bet the amount of frivolous and unnecessary charges would go way down if the state actually had to prove its case. That's one of the bad aspects of the US system. Jury trial is guaranteed, but the accused are frequently bullied into waiving their rights to such.
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  #38  
Old 07-13-2013, 11:05 AM
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Originally Posted by spdrun View Post
^^^

And that's the problem. It was merely a bad joke and he should not be punished AT ALL for it, nor have a criminal record.
Unfortunately, in these times, a "bad joke" is not immediately obvious to the authorities and they have to devote resources to investigate it and determine if it is truly a bad joke or is a serious threat.

Why should you and I pay for the stupidity of this idiot? The law is perfectly clear on the matter............it's a criminal offense.

You pass laws to discourage criminal behavior. If this behavior was not criminal, every idiot in American (and there are millions of them) would be free to do the same thing.

You really OK with that?
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  #39  
Old 07-13-2013, 11:07 AM
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I'd support a rule that ALL felony cases have to go to trial in front of a jury. No pleas.
Such a rule is completely unnecessary.

If you, as the defendant, has the balls, you simply decline all offers of leniency and demand a jury trial on the original felony charge. See if the prosecutor can convince the jury.

But, nobody has the balls, because of the risk of a jury trial.

I'm willing to bet lunch that you have no balls either.

You in?
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  #40  
Old 07-13-2013, 11:13 AM
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Originally Posted by Brian Carlton View Post
Why should you and I pay for the stupidity of this idiot? The law is perfectly clear on the matter............it's a criminal offense.

You pass laws to discourage criminal behavior. If this behavior was not criminal, every idiot in American (and there are millions of them) would be free to do the same thing.

You really OK with that?
Frankly, yes. People should be allowed to joke about committing crimes, even if it's in extreme bad taste. We seem to have lost our national sense of humor.
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  #41  
Old 07-13-2013, 11:20 AM
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Originally Posted by Brian Carlton View Post
Such a rule is completely unnecessary.

If you, as the defendant, has the balls, you simply decline all offers of leniency and demand a jury trial on the original felony charge. See if the prosecutor can convince the jury.

But, nobody has the balls, because of the risk of a jury trial.

I'm willing to bet lunch that you have no balls either.

You in?
So you really think that a system that encourages innocent people to plead guilty to a slightly lesser (but still inappropriate) charge actually serves the cause of justice as opposed to perverting it? Our incarceration rate of almost 1% is already the shame of the Western world. Anything that decreases false imprisonment would be a good thing.

If some criminals walk, I'm fine with it. We had a much higher crime rate in the 80s and early 90s, and we survived. I'm not a proponent of increased safety at the expense of justice.
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  #42  
Old 07-13-2013, 11:20 AM
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Originally Posted by spdrun View Post
Frankly, yes. People should be allowed to joke about committing crimes, even if it's in extreme bad taste.
The problem is the cost associated with it. The authorities have to investigate it.

If every idiot does it without consequences, it costs a fortune and diverts precious resources from serious threats/problems.

Hell, you cannot even get the police to respond to a traffic accident in NYC unless there are injuries involved. Now you want to cause the police more wasted time and effort.

Sorry, no dice.
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  #43  
Old 07-13-2013, 11:22 AM
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Originally Posted by spdrun View Post
So you really think that a system that encourages innocent people to plead guilty to a slightly lesser (but still inappropriate) charge actually serves the cause of justice as opposed to perverting it? Our incarceration rate of almost 1% is already the shame of the Western world. Anything that decreases false imprisonment would be a good thing.

If some criminals walk, I'm fine with it. We had a much higher crime rate in the 80s and early 90s, and we survived. I'm not a proponent of increased safety at the expense of justice.

As I told you...........you don't need to play the game that the system hands you.

If you have the balls, you turn it right onto the prosecutor.............and force him to go to trial on the original felony charge.

I see you didn't answer my offer to bet lunch as to whether YOU have the balls.

As I mentioned once before..............all hat............no cattle.
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  #44  
Old 07-13-2013, 11:23 AM
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Originally Posted by Brian Carlton View Post
As I told you...........you don't need to play the game that the system hands you.

If you have the balls, you turn it right onto the prosecutor.............and force him to go to trial on the original felony charge.

I see you didn't answer my offer to bet lunch as to whether YOU have the balls.

As I mentioned once before..............all hat............no cattle.
How would you know unless we were both arrested for a felony?

Last edited by spdrun; 07-13-2013 at 11:38 AM.
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  #45  
Old 07-13-2013, 11:26 AM
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Originally Posted by spdrun View Post
How would you know unless we were both arrested for a felony?
It's hypothetical, obviously.

If it were me, I'd seriously weigh the offer of a misdemeanor, simply because you can never tell what a jury will do. I might or might not take it.

But, you, if you have any integrity, must refuse all offers to plea based upon your statements above.

Somehow, I highly doubt that you would flatly refuse all plea bargains when your own balls are on the table.

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