|
Post by xXSpookyXx on May 23, 2008 11:31:15 GMT -11
Sad but true Val, which is why I would harm them myself if some creep tried to invade my home. Unlike a defenseless dog trying to protect his people, they couldn't put me to sleep.
|
|
pinkgiraffe
Artemis
The very mysterious Milady de Winter
Posts: 139
|
Post by pinkgiraffe on May 23, 2008 11:55:15 GMT -11
You better believe that someone breaking into my home is leaving in an ambulance...whether they are in a body bag or a gurney. If they want to sue me, then they can go for it...my kids are more important.
|
|
CougarBob
Hermes
Where is Everybody???
Posts: 997
|
Post by CougarBob on May 23, 2008 12:16:14 GMT -11
I got the idea because there are people who were surrounded by gang members that fought them off, one maybe dying, and wound up punished for it. I remember a woman attacking a rapist with her pen, while he was in the process of trying to rape her and the scum bag actually had a lawsuit against her. A civil suit is not legal punishment. Anyone in this country can sue anyone else (except the government in certain circumstances). In the case of the rapist suing the victim, I agree that it's reprehensible (if that's truly what happened), but I don't know how we can change that without making it impossible to sue when you have to.
What if a woman assaults a man, then claims he tried to rape her and the innocent man is sent to prison? Shouldn't he have some kind of legal recourse against the woman? How do you protect the innocent from being sued and still allow the innocent to sue? You have to have smart lawyers and good judges. At least that's the only solution I can think of.
|
|
|
Post by chrissy on May 23, 2008 12:29:11 GMT -11
Im just glad I have a few uncles to call to sort crap out when the legal system starts to fail
|
|
|
Post by xXSpookyXx on May 25, 2008 4:17:20 GMT -11
I got the idea because there are people who were surrounded by gang members that fought them off, one maybe dying, and wound up punished for it. I remember a woman attacking a rapist with her pen, while he was in the process of trying to rape her and the scum bag actually had a lawsuit against her. A civil suit is not legal punishment. Anyone in this country can sue anyone else (except the government in certain circumstances). In the case of the rapist suing the victim, I agree that it's reprehensible (if that's truly what happened), but I don't know how we can change that without making it impossible to sue when you have to.
What if a woman assaults a man, then claims he tried to rape her and the innocent man is sent to prison? Shouldn't he have some kind of legal recourse against the woman? How do you protect the innocent from being sued and still allow the innocent to sue? You have to have smart lawyers and good judges. At least that's the only solution I can think of.The woman in the situation I was referring to was attacked in central park New York, did not know her assailant, and had two black eyes as well as her clothes ripped off of her, before she was able to fight him off with her pen. Btw, he had also been convicted of attempted rape on her in the court of law so the presumption of innocence does not apply to him. I am assuming that your questions are rhetorical, only because I imagine that you would know that I take issue when anyone, man or woman tries to destroy an innocent life. If a woman assaults a man and claims that he tries to rape her, the trained investigators are suppose to be looking for signs to support or reject her claim. If the woman was the aggressor there shouldn't be any kind of injury outside of possible self inflicted (kind of like what Darlie Routier did). However, in a case where a man is convicted wrongfully of a rape, which happened with a man named Earl Washington (convicted of rape/murder and spent approx 18 years on death row) then the best they can do is sue the state for the prosecution. However, there is a good faith clause that describes how if a DA or police department prosecuted because of sincere faith that a person was guilty, those can be hard lawsuits. There is such a thing known as tort of malicious procesution, of which a person could elect to use it, if they can show sufficiently that inspite of shocking contradictory evidences (or if officers beat some one into a confession) the prosecutor team went ahead and prosecuted. Now this would really have to be evidence that is shocking to the point where even a judge couldn't imagine why the case was persued. But I think I am a little off the point here. Back to your point, when some one is convicted, they are no longer considered an innocent person (even if they are innocent and behind bars). The man in your example went to prison when a woman attacked him and wrongfully accused him of rape. Once convicted, the burden of proving innocence rests now upon him. *If* the man can prove innocence and is released then certainly I think he should have a lawsuit. But I do not agree with convicts being able to sue their victims for defending themselves. Why should they? Let him show his innocence to be released and then work on suing the heck out of her and everything in site that he possibly can. I just wanted to add that unfortunately there are cases of women making blatant false accusations, which of course has a bad effect. This is the reason why rape cases can often be hard to convict and there are many of them predators allowed to do no jail time and continue to roam the streets.
|
|
CougarBob
Hermes
Where is Everybody???
Posts: 997
|
Post by CougarBob on May 25, 2008 4:25:22 GMT -11
I agree with you Spooky. I was just saying I don't know what the solution is. I agree that it is horrible for the guilty to sue the innocent. But I don't know how to fix that. I know of cases where the man was found guilty and sent to prison, but didn't do the crime. How do we protect his rights and the rights of the woman who was raped at the same time? It is so frustrating and I don't know the solution. If there is one.
I'm married to a lawyer, so I see the number of innocent people who are forced to plea bargain or who are found guilty. Look at the number who are later released thanks to DNA evidence. That's why I am opposed to the death penalty. We've had people on death row for decades, then, Oops, turns out they never did the crime.
|
|
CougarBob
Hermes
Where is Everybody???
Posts: 997
|
Post by CougarBob on May 25, 2008 4:28:39 GMT -11
Okay, Spooky, I just re-read your post. I completely agree with you. Those who are currently in prison and suing somebody burns me up too. I just don't know how you re-write the Constitution to remove those rights from people in prison.
|
|
|
Post by xXSpookyXx on May 25, 2008 4:31:00 GMT -11
I agree with you Spooky. I was just saying I don't know what the solution is. I agree that it is horrible for the guilty to sue the innocent. But I don't know how to fix that. I know of cases where the man was found guilty and sent to prison, but didn't do the crime. How do we protect his rights and the rights of the woman who was raped at the same time? It is so frustrating and I don't know the solution. If there is one. That's why I think that the solution is, when and if the person can prove themself innocent, which after conviction, they then have the burden of this proof, then they can sue all the way, especially the state at least for compensation. However, if a victim really was raped but got the wrong person, then the suit should rest soley on the state. [/size][/font][/quote]Oh I know. In fact it is not uncommon for some one to take a plea bargain because of the fear instilled by the prosecution. Often times it's all about settling cases. to get them out of an already over burdened court, rather than getting to the truth of the matter. Heck the man I mentioned above, Earl Washington was a man wrongfully convicted and on death row. DNA evidence (unavailable during the commision of the crime) proved beyond a shadow of doubt that he was not the rapist killer. You should google him if not familiar with his case. He was convicted mostly on a false confession coherced out of him by means of torturous conditions inflicted upon him while in police custody(another not all that less common kind of thing that happens unaware to most people).
|
|
|
Post by xXSpookyXx on May 25, 2008 4:35:38 GMT -11
Okay, Spooky, I just re-read your post. I completely agree with you. Those who are currently in prison and suing somebody burns me up too. I just don't know how you re-write the Constitution to remove those rights from people in prison. Maybe they could ammend it more specifically.
|
|