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re: Football and race relations in the south

Posted on 2/16/14 at 3:15 pm to
Posted by Roger Klarvin
DFW
Member since Nov 2012
46511 posts
Posted on 2/16/14 at 3:15 pm to
quote:

Excluding all other situations and focusing on this case alone there is not a chance of an innocent person being convicted. He killed an unarmed teen, therefore he should be punished justly


Not according to the law of the land.

Regardless of how you feel about the case, you cannot set that kind of a precedent. Evidence must be sufficient for a conviction.
Posted by MontyFranklyn
T-Town
Member since Jan 2012
23830 posts
Posted on 2/16/14 at 3:18 pm to
quote:

You seem to have the idea that circumstances, statements, and facts are easily proven as true or false in homicide cases. This isn't the case. Rarely is there a completely black or white case. Maybe he said it to her, maybe he didn't. It's one person's word against another's.

Point is, there wasn't sufficient evidence to convict Dunn of murder 2, much less murder 1. Regardless, he was convicted of 3 counts of attempted homicide with a weapon. In Florida, that's a minimum sentence of 20 years per count. He's also looking at a 4th conviction. The guy is gonna die in prison. That's a home run for the prosecutor.

I feel that in a case like this with evidence that is far more than circumstantial then the proof has to fall back on the defense. The prosecution has more than enough evidence connecting the defendant to the crime: A car riddled with bullets, a dead body and 3 other people to testify. The fact that he still could get off on 1st degree murder, despite having damning evidence sends a message to black people that white people can kill black teenagers regardless of the evidence. This in turn sends a subliminal message to racist whites that if I am careful enough and leave no evidence, I can kill blacks and get away with it. That is a scary slippery slope
Posted by wadewilson
Member since Sep 2009
36554 posts
Posted on 2/16/14 at 3:23 pm to
quote:

The prosecution has more than enough evidence connecting the defendant to the crime: A car riddled with bullets, a dead body and 3 other people to testify. The fact that he still could get off on 1st degree murder, despite having damning evidence sends a message to black people that white people can kill black teenagers regardless of the evidence. This in turn sends a subliminal message to racist whites that if I am careful enough and leave no evidence, I can kill blacks and get away with it. That is a scary slippery slope


Actually, the scariest thing I read:
quote:

I feel that in a case like this with evidence that is far more than circumstantial then the proof has to fall back on the defense.


I don't think you understand the United States court system well enough to voice an opinion on it, but what the hell, it's a free country.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46511 posts
Posted on 2/16/14 at 3:25 pm to
quote:

The prosecution has more than enough evidence connecting the defendant to the crime: A car riddled with bullets, a dead body and 3 other people to testify. The fact that he still could get off on 1st degree murder, despite having damning evidence sends a message to black people that white people can kill black teenagers regardless of the evidence. This in turn sends a subliminal message to racist whites that if I am careful enough and leave no evidence, I can kill blacks and get away with it. That is a scary slippery slope



I don't think you understand the extent of proof required to convict of 1st degree murder. It is, by far, the toughest charge to convict on because the evidence has to be so overwhelming AND the prosecution has to prove intent. Proving a person's state of mind is incredibly hard t do.

Go look up the kind of proof used to convict other people on first degree murder in the past and then look at this case. The prosecution has no hope of proving premeditation.
Posted by wadewilson
Member since Sep 2009
36554 posts
Posted on 2/16/14 at 3:25 pm to
I don't think he actually understands what premeditated murder is.
Posted by MontyFranklyn
T-Town
Member since Jan 2012
23830 posts
Posted on 2/16/14 at 3:29 pm to
I understand completely, what i'm saying is that alot of the laws are fundamentally wrong and create situationx where reasonable doubt has a outcome of a case that is should be cut and dry. I feel that putting stipulations on it gives murders the wiggle room to say "well I didn't mean to". If you take that away then people will be far more careful to pull their gun next time and go John Wayne
This post was edited on 2/16/14 at 3:33 pm
Posted by Roger Klarvin
DFW
Member since Nov 2012
46511 posts
Posted on 2/16/14 at 3:32 pm to
quote:

what i'm saying is that alot of the laws are fundamentally wrong and create situationx where reasonable doubt has a outcome of a case that is should be cut and dry



This is like arguing for the existence of a married bachelor.

If reasonable doubt exists, by definition the outcome isn't cut and dry. If it were, there would be no reasonable doubt.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46511 posts
Posted on 2/16/14 at 3:32 pm to
Also, under your proposed system, do you realize how absurdly easy it would be to frame someone?
Posted by wadewilson
Member since Sep 2009
36554 posts
Posted on 2/16/14 at 3:34 pm to
I guess I came off as way more condescending and rude than I intended to be.

quote:

what i'm saying is that alot of the laws are fundamentally wrong


I could go with this in some situations.

quote:

reasonable doubt has a outcome of a case that is should be cut and dry


I still find this an incredibly disturbing attitude. Reasonable doubt is a cornerstone of our criminal justice system, and keeps a lot of innocent people out of jail.
Posted by MontyFranklyn
T-Town
Member since Jan 2012
23830 posts
Posted on 2/16/14 at 3:37 pm to
But reasonable doubt, in most cases, is created by people trying to defend their actions. The state is trying to prove that they had other intentions, which is almost impossible if they cover their tracks and make sure the evidence available is damning enough.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46511 posts
Posted on 2/16/14 at 3:37 pm to
The most famous example is OJ Simpson. Every person on that jury knew he did it, but they also knew that the law that one day might keep them out of prison for a bogus charge said he had not been proven guilty.
Posted by MontyFranklyn
T-Town
Member since Jan 2012
23830 posts
Posted on 2/16/14 at 3:39 pm to
quote:

I still find this an incredibly disturbing attitude. Reasonable doubt is a cornerstone of our criminal justice system, and keeps a lot of innocent people out of jail.
I guess I don't see it that way thinking back to all the innocent black men that were convicted when there was nothing more than circumstantial evidence. Not trying to be an arse but to me it seems like its enough to convict a black person, but never enough to convict a white person
Posted by Roger Klarvin
DFW
Member since Nov 2012
46511 posts
Posted on 2/16/14 at 3:41 pm to
quote:

But reasonable doubt, in most cases, is created by people trying to defend their actions.


I dont think you understand what reasonable doubt is.

Reasonable doubt is not "created", it exists until it is removed by the prosecution. The defense can INCCREASE the amount of reasonable doubt with evidence, but reasonable doubt already exists the minute a case starts.

Additionally, reasonable doubt is not absolute. It has its limits. A man might be guilty if his knife with his prints were found at the scene, but what if his best friend and neighbor who is often over for dinner had a motive to kill the victim? That is reasonable doubt. Saying an alien came down and took the knife is not reasonable.
Posted by Roger Klarvin
DFW
Member since Nov 2012
46511 posts
Posted on 2/16/14 at 3:42 pm to
quote]I guess I don't see it that way thinking back to all the innocent black men that were convicted when there was nothing more than circumstantial evidence.[/quote]

This is a flaw in the system, not the idea of reasonable doubt.
Posted by Dixie.Reb
Oxford
Member since Jul 2013
2381 posts
Posted on 2/16/14 at 3:45 pm to
The real problem in the Dunn case is that jurors were allowed to consider lesser charges like 2nd degree murder and manslaughter with much lower thresholds of proof and still couldn't agree. Even if it wasn't 1st degree murder, it sure seems like manslaughter.

LINK
Posted by MontyFranklyn
T-Town
Member since Jan 2012
23830 posts
Posted on 2/16/14 at 3:45 pm to
Reasonable doubt can be created. All the defense has to do is paint the picture differently than the prosecution. Perfect example, Johnny Cochran in the O.J. trial. He created more reasonable doubt with the glove
Posted by genro
Member since Nov 2011
61788 posts
Posted on 2/16/14 at 3:49 pm to
quote:

O.J.
eagerly awaiting these same posters who will defend our glorious court system
Posted by TbirdSpur2010
ALAMO CITY
Member since Dec 2010
134026 posts
Posted on 2/16/14 at 3:51 pm to
Posted by wadewilson
Member since Sep 2009
36554 posts
Posted on 2/16/14 at 3:55 pm to
quote:

I guess I don't see it that way thinking back to all the innocent black men that were convicted when there was nothing more than circumstantial evidence.


A) Some links would help.
B) This is a flaw with jurors, not the court system.
Posted by wadewilson
Member since Sep 2009
36554 posts
Posted on 2/16/14 at 3:56 pm to
quote:

eagerly awaiting these same posters who will defend our glorious court system


I might draw a distinction between OJ, who got off totally, and Dunn, who will still spend the rest of his life in prison, but that's just me.
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