The Off Topic Topic

[Malthus]

What are the other course of action if no deal on table and your clients won't fold?

Argue that the prosecution hasn't met the burden of proof. You can usually find some deficiencies in the state's evidence if you look hard enough - maybe create a reasonable doubt.

Can be tough if they, say, *tape themselves committing the crime*. 

Making arguments about how the alleged rape victim isn't acting like a victim ought to following the assault (presumably, acting all destroyed and suicidal means the crime actually happened?) is just embarrassing. I'm surprised the court allowed it as admissible - though I don't do criminal (and certainly know nothing about Spanish rules of evidence), I imagine there's a good argument here that such evidence would be completely irrelevant, and thus inadmissible.

Though who knows, in some places that sort of thing may work - assuming a jury composed entirely of troglodytes.   

[celedhring]

Well, part of the controversy - besides the nature of the crime itself - is the fact that this evidence was allowed to be introduced. In general, Spain's judiciary tends to be very protective of the rights of the accused - mostly because we come from a regime that generally wiped its arse with them. Friend lawyer of mine says the judge is allowing it to shield himself from a mistrial. This is not a jury trial, incidentally.

[Barrister]

The moment you exclude defence evidence is the moment you give them a ground of appeal.  Judges will always be tempted to bend over backwards for defence in order to appeal-proof the verdict.

[Malthus]

Well, part of the controversy - besides the nature of the crime itself - is the fact that this evidence was allowed to be introduced. In general, Spain's judiciary tends to be very protective of the rights of the accused - mostly because we come from a regime that generally wiped its arse with them. Friend lawyer of mine says the judge is allowing it to shield himself from a mistrial. This is not a jury trial, incidentally.

If it isn't a jury trial, most of the legal reason for excluding such evidence evaporates ... the easier course is for the judge to admit it and then state in his judgment he didn't give it any weight.

By the same token, if it isn't a jury trial, such evidence is even less likely to make any difference, even in a 'hail Mary' sort of way.

Problem is that allowing such evidence to be tendered in court can be deeply humiliating for the victim. Routinely allowing such evidence can be an institutional barrier for victims bringing complaints.

[derspiess]

So is page 4337 like the 4th level of 1337?

[The Larch]

We are having a rather high-profile trial in Spain these days; a gang-rape committed by a pack (literally, they named themselves "The Pack") of drunken louts during the San Fermín festivities.

The defense attorney made his final plea today: "the defendants may seem imbeciles, oafish, childish, feeble-minded or primal in their thoughts, but they are good boys".

He doesn't seem very confident.

So much for their character - what's the actual defense consist of? Do they have any?

Sounds like he's going for the "It was only light rape" defense.

Yeah, that's what I'm hearing from legal experts around here. The perps claim it was consensual, and most of the evidence introduced by the defence is that the victim has acted normally since then.

Of course the dudes are so smart that they shot a video of the rape and then robbed her, too.

Didn't one of the "nice kids", who is actually a policeman, actually put a private detective in charge of following the victim in order to document how she was reacting to the alleged rape?

[garbon]

So is page 4337 like the 4th level of 1337?

Ouch, how's that crash and burn feel?

[derspiess]

[celedhring]

Didn't one of the "nice kids", who is actually a policeman, actually put a private detective in charge of following the victim in order to document how she was reacting to the alleged rape?

Yeah, although most of the evidence obtained thusly was rejected by the court. Only the bits that didn't infringe on the victim's intimacy were allowed to be entered (i.e. stuff she published on social media).

Veredict is expected after the holidays.

[Razgovory]

Dude, your Dad is Unbreakable.

I wish.  I went up and saw him today and a bunch of doctors.  They are draining a lot of fluid from around his heart.  Five doctors came in to see my dad when I there and they didn't look happy.  Apparently the hospital in Jefferson City did send up the information, so they didn't know what is going on.  Now that he's seeing better doctors though, I have a feeling there will be another diagnosis soon.

[derspiess]

I found out today that the catcher on my old little league team was convicted of domestic battery.  I told my best friend about it and he said that was a relief in a way-- he no longer has to feel guilty for plowing him over and knocking him out cold during a play at home.

[HVC]

head trauma has been linked to violent behavior. guilt back!

[derspiess]

I just realized this was the same dude I trucked one year in Junior High football the first day in pads.  We were running Oklahoma and he made the mistake of running too high on me.  As they say, low man wins and I de-cleated that mofo.

[Eddie Teach]

head trauma has been linked to violent behavior. guilt back!

Derspiess and his best buddy are monsters! 

[Valmy]

I just realized this was the same dude I trucked one year in Junior High football the first day in pads.  We were running Oklahoma and he made the mistake of running too high on me.  As they say, low man wins and I de-cleated that mofo.

A memory that just gets sweeter over time.