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  • Locked thread
Cole
Nov 24, 2004

DUNSON'D

lfield posted:

You stopped reading before you got to the end of that sentence, I see. Give it another go. I believe in you, Cole.

Ok, I read it again. And I'm asking again.


Cole posted:

Not necessary to who? To you? Why are you the law of the land on what is necessary information?

And again I'll ask, why is it necessary to state that they were men? You know, if we're not allowed to state any unneccesary information.

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lfield
May 10, 2008
"unless you're trying to assign some meaning to their race."

I said it was unnecessary to a discussion to mention irrelevant information. If it is mentioned, it must necessarily have a meaning.

AR's mention of race was not purely descriptive. It did have an implied meaning - to prove the woman in the case a liar. That doesn't follow, because it is entirely possible to be raped by men of different races. Unlikely doesn't mean it didn't happen. Dismissing an alleged rape because you think it unlikely is totally fair grounds for being called misogynist.

L-Boned
Sep 11, 2001

by FactsAreUseless
I think these last five pages have convinced me to take this thread off my reading list. Thanks....

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
what made it unreliable?

1. Timing and motive to fabricate.

2. Vaguely describing 4 suspects whose combined ethnic makeup results in a suspect list that is basically "the entire base minus a few Southeast Asians, maybe."

And I am still not sure how my relaying an anecdote about a woman making a false rape allegation makes me a racist. I really don't understand your logic there. I mean...you're calling me a racist for criticizing someone trying to use the "scary brown person rapins' the white wimenz" trope to get herself out of trouble...something that's been happening since Powell v. Alabama.

So, if I understand you, saying "it's bullshit that people use institutional racism and fear topes to try to bolster false allegations against minorities" makes you a racist.

I'm sorry... I really don't understand what the gently caress you are talking about.

ActusRhesus fucked around with this message at 18:28 on Aug 15, 2015

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Dead Reckoning posted:

The demographics and cliqueish nature of the military makes her description of events staggeringly unlikely, especially if she is alleging all four assaults occurred during the under aged drinking she was getting NJP'd for. The timing of the revelation also makes it suspect.

Also, nearly everyone who has had contact with the military's flailing attempt at sexual assault training is dismissive of it. It's wildly unrealistic compared to how sexually active adults behave.

Yes.

This.

joat mon was a military defense counsel and prosecutor. would love to hear his take on this. maybe if a man confirms it instead of a self-hating misogynist it will carry more weight.

woke wedding drone
Jun 1, 2003

by exmarx
Fun Shoe
I feel like I'm getting the inside line on how to make victims of rape out to be liars, here. It's very interesting.

Hollismason
Jun 30, 2007
An alright dude.
Yeah this is creepy as gently caress

http://www.avclub.com/tvclub/review-falsely-accused-sleep-your-teacher-little-p-223748

Dead Reckoning
Sep 13, 2011
AR is hardly the first JAG I've heard express that sentiment. The nature of the military system incentivises frivolous counterclaims of all kinds.

(I know, hearsay, but this isn't a court of law, right? :v:)

Professor Beetus
Apr 12, 2007

They can fight us
But they'll never Beetus

ActusRhesus posted:

Yes.

This.

joat mon was a military defense counsel and prosecutor. would love to hear his take on this. maybe if a man confirms it instead of a self-hating misogynist it will carry more weight.

Maybe sexual assault training in the military would be more useful if they teach men not to rape rather than to fear women falsely accusing them of rape.

ComradeCosmobot
Dec 4, 2004

USPOL July
Enough is enough! Police are getting beaten up because of the bad press they're getting! We need to give them free rein and show them more respect and not question their choice to shoot people so they can avoid getting beaten up by criminals!

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

DrNutt posted:

Maybe sexual assault training in the military would be more useful if they teach men not to rape rather than to fear women falsely accusing them of rape.

which military sexual assault trainings have you been to?

Professor Beetus
Apr 12, 2007

They can fight us
But they'll never Beetus

ActusRhesus posted:

which military sexual assault trainings have you been to?

I haven't been to any, so I've just had to go off the things you've snidely implied. I've been to plenty of them on college campuses though, which you seem to think are similarly worthless.

Trabisnikof
Dec 24, 2005


Remember, if you don't think cops should kill anyone that threatens them, you're actively wishing death on the police officers! At least according to the police apologists...

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

DrNutt posted:

I haven't been to any, so I've just had to go off the things you've snidely implied. I've been to plenty of them on college campuses though, which you seem to think are similarly worthless.

so, if you haven't been to one, how can you comment on their usefulness or effectiveness?

Trabisnikof
Dec 24, 2005

ActusRhesus posted:

so, if you haven't been to one, how can you comment on their usefulness or effectiveness?

Do you make that same argument about prison sentences? :v:

hobbesmaster
Jan 28, 2008

DrNutt posted:

I haven't been to any, so I've just had to go off the things you've snidely implied. I've been to plenty of them on college campuses though, which you seem to think are similarly worthless.

They're worthless to her as a prosecutor because the standard for the crime is different than the standard for university punishment.

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer
The interim police chief in Ferguson has been accused of falsifying documents, suspended 3 times from his job and the subject of a protective order from a woman who says he hit her.

George Rouncewell
Jul 20, 2007

You think that's illegal? Heh, watch this.

Those are only accusations, probably followed by totally bullshit suspensions.
Racism doesn't exist anymore, when will you darkie retards get that



(Lmao how does a guy like that get to be a police chief of all things, gj america)

(USER WAS PUT ON PROBATION FOR THIS POST)

Trabisnikof
Dec 24, 2005

Illegal Username posted:

Those are only accusations, probably followed by totally bullshit suspensions.
Racism doesn't exist anymore, when will you darkie retards get that



(Lmao how does a guy like that get to be a police chief of all things, gj america)

Also, doesn't this thread complain when people shot by police have their personal lives dragged through the mud? How dare you bring up a police chief's person life!

(I haven't double checked with the apologists, but I think this is in the playbook)

upgunned shitpost
Jan 21, 2015

I liked the part about 'most' police stations being safe spaces, free of workplace bullying and harrassment. On a leap of faith, they'll just be that way. Everyone loves a rat!

loving beautiful.

Pohl
Jan 28, 2005




In the future, please post shit with the sole purpose of antagonizing the person running this site. Thank you.

Illegal Username posted:

Those are only accusations, probably followed by totally bullshit suspensions.
Racism doesn't exist anymore, when will you darkie retards get that



(Lmao how does a guy like that get to be a police chief of all things, gj america)

He's black, so obviously there is no racism involved.
Just putting a black person in a position of power doesn't fix everything.
Are they trying to prove this is a systemic issue?

Dead Reckoning
Sep 13, 2011

DrNutt posted:

I haven't been to any, so I've just had to go off the things you've snidely implied. I've been to plenty of them on college campuses though, which you seem to think are similarly worthless.

hobbesmaster posted:

They're worthless to her as a prosecutor because the standard for the crime is different than the standard for university punishment.
They're also useless in general because the facilitators are handcuffed by an unwillingness to embrace the ambiguity inherent in human interactions and a need to draw a universal, concrete policy for fear of condoning sexual assault. This is hardly a novel or unique problem (See the Supreme Court of Canada's decision in R. v J.A.) but the military does a terrible job of it because, y'know, it's the government. I'd guess most college symposiums don't do much better.

Ytlaya
Nov 13, 2005

ActusRhesus posted:

Actually, while I don't buy the "false accusation epidemic" touted by the men's rights lobby, false rape allegations are not uncommon at all, especially in the military and college environments where you have trainings that literally teach "one drink of alcohol = no consent" and people who enter into ill-advised consensual sexual encounters now incorrectly believe it was "rape" because they had consumed 2 zimas. This does't mean they were lying. they probably do feel victimized. And maybe on a moral level they were, but it's not rape. Ergo false report.

As for retaliation claims....drat near every poo poo bag sailor I had to separate would, once he realized he was going to get a sack of hammers dropped on him would file some bullshit IG report about *something* and then complain he was being retaliated against. The "OMG HE MADE A SPEEDING TICKET GO AWAY!" sound a lot more like that scenario than a genuine "I am concerned abut this division" scenario. I am not saying retaliation doesn't happen. I'm sure it does just as it happens in EVERY work environment.

All I am saying is an allegation does not = proof of guilt.

What in the world are you talking about? No one is saying that allegation is proof of guilt in individual instances. It is just simply extremely likely (barring some really unusual influence/motivation) that if a bunch of accusations for a particular crime/action exist that the crime is happening to some of those people. The chance that 500 people who make rape accusations are all (or even most) lying is negligible, and the same applies to accusations of workplace/hiring discrimination. The fact that false accusations occur is completely irrelevant to the claim that "the crime/action in question is occurring," unless you can give some reason why large numbers of people would all be lying about something. When many accusations of something exist, the burden of proof is far stronger on the person who is claiming that the accused action isn't happen (or is happening to a negligible extent).

It's also important to take into account he expected outcomes of assuming the crime/action is taking place vs assuming it isn't. If wrong about the former, the worst case is that maybe some people waste some time/money trying to solve a problem that doesn't exist. If wrong about the latter, you're allowing things like workplace discrimination and retaliatory firing to continue. A world where people wrongly assume that retaliatory firing is taking place isn't nearly as bad as a world where people wrongly assume that it never takes place. Again - no one is going to prison just because you assume that - broadly speaking - a crime is taking place. No one is assuming that specific people are guilty on this basis (well, I guess some people might, but at least not me or most of the other people in this thread).

I also noticed in this post that you seem to have a really easy time imagining dishonest people filing false accusations of workplace discrimination/wrongful firing, while being unable or unwilling to take seriously the alternative. Have you considered that *gasp* you might actually be biased in favor of the sort of people you work with and associate with on a regular basis? Everyone has bias; the problem is when people refuse to acknowledge their own.

Zarkov Cortez
Aug 18, 2007

Alas, our kitten class attack ships were no match for their mighty chairs

Ytlaya posted:

When many accusations of something exist, the burden of proof is far stronger on the person who is claiming that the accused action isn't happen (or is happening to a negligible extent)

So if a lot of people say something happened it becomes a reverse onus situation?

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Ytlaya posted:

When many accusations of something exist, the burden of proof is far stronger on the person who is claiming that the accused action isn't happen (or is happening to a negligible extent).

I seem to have missed that standard of proof.

I am familiar with probable cause, preponderance of the evidence, clear and convincing, and beyond reasonable doubt.

Where does "well a lot of people say it, so it's probably true" fit on the continuum?

woke wedding drone
Jun 1, 2003

by exmarx
Fun Shoe

Dead Reckoning posted:

They're also useless in general because the facilitators are handcuffed by an unwillingness to embrace the ambiguity inherent in human interactions and a need to draw a universal, concrete policy for fear of condoning sexual assault. This is hardly a novel or unique problem (See the Supreme Court of Canada's decision in R. v J.A.) but the military does a terrible job of it because, y'know, it's the government. I'd guess most college symposiums don't do much better.

Bill Cosby isn't a fan of removing "ambiguity inherent in human interactions" either:

http://www.mediaite.com/online/bill-cosby-wrote-about-scorn-for-sexual-consent-rules-at-colleges/

quote:

Cosby blasted affirmative consent (the idea that only “yes” means “yes”) as an unrealistic way for men to get permission to make moves. One passage reads that campus authorities are always “ready to charge you with sexual harassment if you put your hand on any woman besides one who had asked you for help in crossing the street.”

One chapter of the book was called “No More Pre-Caressing Agreements,” where Cosby wrote about a bizarre hypothetical scenario where a man is told “I’ll pretend you didn’t say that without permission” by a girl who’s looks he complimented. The rest of the chapter explores the couple’s absurd back-and-forth as Cosby seemed to make a comment about how couples could engage each other “correctly”.

Cosby has his own opinions on how best to engage a woman correctly, and to navigate issues of consent.

quote:

I don’t hear her say anything. And I don’t feel her say anything...I take her hair and I pull it back and I have her face like this. And I’m talking to her ...And I talked to her about relaxing, being strong. And I said to her, come in, meaning her body.

Dead Reckoning
Sep 13, 2011

Ytlaya posted:

When many accusations of something exist, the burden of proof is far stronger on the person who is claiming that the accused action isn't happen (or is happening to a negligible extent).
No, it isn't. Just because something is popularly belived or popularly claimed does not make to true. If a lot of surgical patients claim to see a tunnel of light and hear the voices of dead relatives, does it become incumbent on you to prove that heaven isn't real? Does the popularity of of UFO abduction beliefs show that UFOs are more likely to exist than not?

Ytlaya posted:

It's also important to take into account he expected outcomes of assuming the crime/action is taking place vs assuming it isn't. If wrong about the former, the worst case is that maybe some people waste some time/money trying to solve a problem that doesn't exist. If wrong about the latter, you're allowing things like workplace discrimination and retaliatory firing to continue. A world where people wrongly assume that retaliatory firing is taking place isn't nearly as bad as a world where people wrongly assume that it never takes place. Again - no one is going to prison just because you assume that - broadly speaking - a crime is taking place. No one is assuming that specific people are guilty on this basis.
This is ridiculous because you're assuming that being investigated for and being widely believed to have engaged in misconduct has no costs for the suspect. If taking the position that accusations of retaliation or sexual assault should be considered unsubstantiated until proven true is harmful to accusers who were actually wronged, why is assuming that allegations are broadly true not harmful to the falsely accused?

Dead Reckoning fucked around with this message at 21:09 on Aug 15, 2015

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."
can someone just clarify for me which categories of accusations are to be taken at face value, and which accused persons are entitled to due process?

I'm getting confused.

upgunned shitpost
Jan 21, 2015

ActusRhesus posted:

Where does "well a lot of people say it, so it's probably true" fit on the continuum?

Out here. Where people actually live.

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

jfood posted:

Out here. Where people actually live.

so if enough people think someone is guilty, can we just dispense with the trial?

Dead Reckoning
Sep 13, 2011

jfood posted:

Out here. Where people actually live.
Poll: Nearly 8 in 10 Americans believe in angels

SedanChair posted:

Bill Cosby isn't a fan of removing "ambiguity inherent in human interactions" either:

http://www.mediaite.com/online/bill-cosby-wrote-about-scorn-for-sexual-consent-rules-at-colleges/

Cosby has his own opinions on how best to engage a woman correctly, and to navigate issues of consent.
That doesn't have anything to do with what I said.

"Adjuicating interpretation of a person's state of mind is real hard for institutions that rely on writing explicit rules, and they are often confounded by conflict with real world norms."
"I guess that means you agree with Bill Cosby raping women?"

Dead Reckoning fucked around with this message at 21:22 on Aug 15, 2015

Vahakyla
May 3, 2013
http://abc7.com/news/3-chp-officers-attorney-arrested-on-suspicion-of-murder/931517/

SAN FRANCISCO -- Three current and former California Highway Patrol officers, a prominent criminal defense lawyer and five other people were arrested Friday in connection with the disappearance and killing of a Central Valley man, officials said.

Law enforcement officials announced the arrests during a brief news conference in Modesto. The officials said the nine people all played a part in killing Korey Kauffman, 26, who was reported missing in April 2012.
Kauffman's body was found by hunters in August 2013 in a remote area of Central California.

An arrest warrant says attorney Frank Carson orchestrated the killing and enlisted the help of two brothers who own a liquor store in Turlock.
Investigators say Carson believed Kauffman was stealing valuable antiques from storage containers on his property and arranged for his death.
Carson's attorney Percey Martinez said his client is innocent and his arrest was politically motivated.
Carson ran unsuccessfully for district attorney last year. Carson has been under investigation for two years, Martinez said.

"We welcome the opportunity to fight this in court," Martinez said.

The CHP officers were all associated with the brothers and the Turlock liquor store.
CHP officers Scott McFarlane and Eduardo Quintanar are suspected of obstructing the investigation. Former CHP Officer Walter Wells is suspected in the killing.
"The entire department and I are appalled at the mere thought that one former and two current employees played any role in this incident," CHP Commissioner Joe Farrow said.

Bel Shazar
Sep 14, 2012

ActusRhesus posted:

so if enough people think someone is guilty, can we just dispense with the trial?

How is that bin Laden chap doing?

ActusRhesus
Sep 18, 2007

"Perhaps the fact the defendant had to be dragged out of the courtroom while declaring 'Death to you all, a Jihad on the court' may have had something to do with the revocation of his bond. That or calling the judge a bald-headed cock-sucker. Either way."

Bel Shazar posted:

How is that bin Laden chap doing?

While I think aspects of the drone policy outside recognized theaters of combat pose some real due process red flags, are you seriously trying to equate military force against a legitimate military target, who was the subject of an entire Congressional AUMF with regular civilian law enforcement?

That's pretty much comparing apples to nuclear warheads.

I mean...the big theme I am getting from this thread is "the criminal justice system is evil an oppressive...unless it's someone I want convicted, in which case, gently caress your rights."

upgunned shitpost
Jan 21, 2015

ActusRhesus posted:

so if enough people think someone is guilty, can we just dispense with the trial?

wrong question.

sugar free jazz
Mar 5, 2008

ActusRhesus posted:

Studies vary and numbers are higher in areas with concentrated populations of younger people (e.g. college and military) , but for general population, most reputable studies converge around the 2-10% range.

http://www.slate.com/articles/double_x/doublex/2014/09/false_rape_accusations_why_must_be_pretend_they_never_happen.html

http://www.ndaa.org/pdf/the_voice_vol_3_no_1_2009.pdf

http://www.icdv.idaho.gov/conference/handouts/False-Allegations.pdf

http://www.washingtontimes.com/news/2013/may/12/false-reports-outpace-sex-assaults-in-the-military/?page=all

http://www.slate.com/articles/double_x/doublex/2014/12/college_rape_campus_sexual_assault_is_a_serious_problem_but_the_efforts.html

As both a defense counsel and a prosecutor in the military, I definitely saw false allegations. (e.g. a sailor who was about to be sent to non-judicial punishment for underage drinking claimed she was sexually assaulted by a white guy, a black guy, an asian guy, and a hispanic guy. United Colors of Beneton was unavailable for comment) I think more reports were true than false, even the ones that could not be proven. And even among the "false reports" I don't think they were all lying...some were just genuinely mistaken on the definition of sexual assault.

But pretending false reports never happen is just as disingenuous as claiming that a majority of reports are false.

The only things worth reading there are the Lisak study, which as far as I can tell is a fairly solid piece of scholarship and is pretty interesting, especially their lit review, and the Rennison and Addington article cited in that second Slate article, which is possibly worth reading although their methods are like weirdly simple and their format is also weird. Who fuckin puts their results on page 2? Maybe that's the standard in Social Work stuff, since according to Sage that's a really highly ranked journal. You'll need journal access for it though. The Slate articles themselves are garbage though, and the Washington Times can just flat out be ignored.

Glad ya linked the the Lisak study though it's a good one, I'm pretty sure. Seems like definitional issues are a really huge problem in the study of sexual violence, which isn't surprising at all because welcome to social sciences.

captainblastum
Dec 1, 2004

ActusRhesus posted:

can someone just clarify for me which categories of accusations are to be taken at face value, and which accused persons are entitled to due process?

I'm getting confused.

Everybody is entitled to due process. Do you think that minorities receive equal treatment and equal due process in our current judicial system? From a recent post in another thread it seems to me that you think that there is no racial bias in the system, I'd be interested to see the evidence you have that contradicts the evidence that I've seen.

VitalSigns
Sep 3, 2011

ActusRhesus posted:

so if enough people think someone is guilty, can we just dispense with the trial?

Not in any individual case, but if a lot of people are independently complaining about reprisals for whistleblowing or sexual assault or whatever in an organization, it's reasonable to suspect a genuine institutional problem exists.


Dead Reckoning posted:

They're also useless in general because the facilitators are handcuffed by an unwillingness to embrace the ambiguity inherent in human interactions and a need to draw a universal, concrete policy for fear of condoning sexual assault. This is hardly a novel or unique problem (See the Supreme Court of Canada's decision in R. v J.A.) but the military does a terrible job of it because, y'know, it's the government. I'd guess most college symposiums don't do much better.

If the government is so terrible and incompetent at everything, why should we trust it when it kills a citizen, investigates itself, and says it was justified?

VitalSigns fucked around with this message at 22:07 on Aug 15, 2015

Dead Reckoning
Sep 13, 2011

VitalSigns posted:

If the government is so terrible and incompetent at everything, why should we trust it when it kills a citizen, investigates itself, and says it was justified?
Government institutions tend to be bad at handling ambiguity, and often react to a percieved need to modify behavior with slapdash and poorly conceived mandatory training, because it gives the appearance of doing something and lets supervisors say, "We told them not to" the next time someone stabs a local cab driver. It's good at other things.

Comedy answer: we should trust the government, because if they were intentionally killing people and covering it up they'd be doing a terrible job at that too.

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AreWeDrunkYet
Jul 8, 2006

Dead Reckoning posted:

Comedy answer: we should trust the government, because if they were intentionally killing people and covering it up they'd be doing a terrible job at that too.

What are you talking about? The government regularly and intentionally kills people and covers it up with only internal "oversight". If they're doing such a terrible job at it, why is it an ongoing practice and everyone involved is getting away with it?

http://www.theguardian.com/commentisfree/2014/jun/24/obama-drone-memo-secret-law-transparency

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