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Legal clones (and everyone else with an opinion)
Posted: Tue Oct 10, 2006 8:06 pm
by The Whistle Is Screaming
Ran across this on a local message board ...
You see, you are entitled, by the constitution, to the presumption of innocence - until proven guilty.
It emanates directly from interpertations of the 5th, 6th and 14th amendments.
What say you? Is a "presumption of innocence" protected under the constitution?
Discuss ...
Posted: Tue Oct 10, 2006 8:09 pm
by Goober McTuber
I believe you are entitled to a presumption of innocence until you go on a date with Dinsdale.
Posted: Tue Oct 10, 2006 8:19 pm
by silvurna
Goober McTuber wrote:I believe you are entitled to a presumption of innocence until you go on a date with Dinsdale.
The presumption of innocence in this instance would depend on who is picking up the tab, would it not?
Posted: Tue Oct 10, 2006 8:23 pm
by Wolfman
I'm down with that !!
Posted: Tue Oct 10, 2006 8:27 pm
by The Whistle Is Screaming
Thanks peanut gallery, now can I hear from people who are paid to be obnoxious? TIA
Posted: Tue Oct 10, 2006 8:36 pm
by Goober McTuber
silvurna wrote:Goober McTuber wrote:I believe you are entitled to a presumption of innocence until you go on a date with Dinsdale.
The presumption of innocence in this instance would depend on who is picking up the tab, would it not?
No, the presumption is there until you go on the date. After that, we assume that he got in your pants. Hope it was worth it.
Posted: Tue Oct 10, 2006 8:48 pm
by Goober McTuber
BTW, TWIS, I do obnoxious pro bono.
Does this work for you?
United States v. Kaiser, No. 02-0609, 58 MJ 146 (in strict legal terms, the presumption of innocence flows from the fundamental right to a fair trial; the right to a fair trial is a fundamental liberty secured by the Fourteenth Amendment; the presumption of innocence, although not articulated in the Constitution, is a basic component of a fair trial under our system of criminal justice).
United States v. Kaiser, No. 02-0609, 58 MJ 146 (the presumption of innocence is a longstanding feature of both military and civilian law; it is a critical part of our tradition of justice and deeply imbedded in our culture as well as our systems of justice; as reflected in the language of Article 51(c)(1), UCMJ, the presumption of innocence is directly related to the requirement that guilt be established by legal and competent evidence beyond a reasonable doubt; put another way, the presumption of innocence embodies the principle that one accused of a crime is entitled to have his guilt or innocence determined solely on the basis of the evidence introduced at trial, and not on grounds of official suspicion, indictment, continued custody, or other circumstances not adduced as proof at trial).
http://www.armfor.uscourts.gov/digest/2003dig/IIIE2.htm
Posted: Tue Oct 10, 2006 8:51 pm
by The Whistle Is Screaming
That's 1 for "Yes". Thanks Goob!
Any opinion for the "Nay" crowd? Chime in people, it's the freaking Constitution.
Re: Legal clones (and everyone else with an opinion)
Posted: Tue Oct 10, 2006 9:54 pm
by Justa Heel
The Whistle Is Screaming wrote:Ran across this on a local message board ...
You see, you are entitled, by the constitution, to the presumption of innocence - until proven guilty.
It emanates directly from interpertations of the 5th, 6th and 14th amendments.
What say you? Is a "presumption of innocence" protected under the constitution?
Discuss ...
Well, not explicitly, but many legal scholars say it is protected by the "penumbra" cast forth by the interrelation between the 14th Amendment and the cock in my asshole.
-Mvscal
Posted: Tue Oct 10, 2006 10:08 pm
by Bobby42
I thought mvscal's expertise was Contracts.
Posted: Tue Oct 10, 2006 10:54 pm
by Uncle Fester
You come in here with a skull full of MUSH...
-and, if you survive, you leave thinking like a LAWYAHH.
Re: Legal clones (and everyone else with an opinion)
Posted: Wed Oct 11, 2006 12:26 am
by The phantorino
The Whistle Is Screaming wrote:Ran across this on a local message board ...
You see, you are entitled, by the constitution, to the presumption of innocence - until proven guilty.
It emanates directly from interpertations of the 5th, 6th and 14th amendments.
What say you? Is a "presumption of innocence" protected under the constitution?
Discuss ...
Clarification Required: Who was armed, and are they black?
Posted: Wed Oct 11, 2006 3:40 am
by XXXL
Most of my clients are guilty, but a current juvenile client may be innocent on the pending matter which will go to trial in December.......
Posted: Wed Oct 11, 2006 1:38 pm
by Derron
Goober McTuber wrote:I believe you are entitled to a presumption of innocence until you go on a date with Dinsdale.
I think implied consent applies here. If you agree to a date with Dinsdale, you have already agreed to get down. Presumption of innocence would only apply if you were unaware of what WAS going to go down on the date.