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ilkhan posted:I disagree, but it's an opinion worth debating. It quite literally isn't, from the tiniest small claims or traffic court to felony trials to massive corporate law lawyer paydays. American law is built on a history of racist laws, institutions, doctrines and people. You can't overcome that in the couple generations from the Civil Rights era
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Mar 22, 2022 20:01
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How do you get a fair trial when the very subject of this thread has made historically bad decisions protecting unfair treatment and outright malicious actions by the state? We were just talking about Herrera for gently caress's sake lolHieronymous Alloy posted:-- we know from surveys of jurors that they just fundamentally don't understand concepts like "reasonable doubt" or expert testimony ; see, e.g., https://www.washingtonpost.com/politics/2022/02/05/joshua-mounts-murder-trial-medical-examiners/ ; Jesus christ: quote:[The juror] said it hurt Mounts when he did not take the stand: “If Josh would have said, like, ‘Oh, the baby hit his head on something and that caused him to have a brain injury,’ that would make more sense than saying nothing happened, because something happened.” Groovelord Neato fucked around with this message at 20:22 on Mar 22, 2022 |
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Mar 22, 2022 20:07
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Groovelord Neato posted:
yeah, exactly. Like, at this point there are so many clearly demonstrable flaws with our trial court system that I sincerely believe future generations will look on our system the way we look on trial by ordeal. At least by ordeal nobody pretended it was fair. I also think most judges and most practicing trial attorneys, prosecutors included, would admit to this if you got them drunk enough. Hieronymous Alloy fucked around with this message at 21:14 on Mar 22, 2022 |
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Mar 22, 2022 21:07
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This is part of why I do not refer to our criminal legal system as a justice system because it isn’t.
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Mar 22, 2022 21:21
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Trial by ordeal was significantly more fair because I don't think you could buy a favorable verdict unlike trial by combat or American adversarial "justice"
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Mar 22, 2022 22:33
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ilkhan posted:I disagree, but it's an opinion worth debating. Oh hey I've got a
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Mar 22, 2022 22:40
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VitalSigns posted:Trial by ordeal was significantly more fair because I don't think you could buy a favorable verdict unlike trial by combat or American adversarial "justice" Trial by Combat is a type of Trial by Ordeal, another well known ordeal was Trial by Fire.
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Mar 22, 2022 22:43
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Evil Fluffy posted:Trial by Combat is a type of Trial by Ordeal, another well known ordeal was Trial by Fire.
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Mar 22, 2022 22:49
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I was happy that Biden nominated Jackson, and I still think she’ll make a good Justice. That said, no democratic nominee should EVER be talking about how they’re constrained by Original Public Meaning, that’s just reinforcing the Right’s framework for them.
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Mar 23, 2022 02:42
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Faith in the system as fair or fair enough/the best possible system in the minds of the everyman props it up. Plenty of people believe it's impartial, rational and justice is often done, with blind spots to all the miscarriages of justice (maybe thinking they are one-offs), right up until they get railroaded. This was the belief of one woman and her husband until it happened to her. I'll try to find a link when I get home but the summary is she took care of infants and one had a cranial injury (before he was in her care) then it died in her care. Despite desperately trying to provide aid and calling for help, she was charged despite lack of evidence. The horrible medical examiner was the star witness, insisting she must have done it, even acting it out for the jury. The guy had been known to make things up but the prosecutor didn't care. article giving the perspective of Carrody M. Buchhorn, the accused and then convicted: https://www.kansascity.com/opinion/opn-columns-blogs/melinda-henneberger/article254015863.html She's getting a new trial due to deficient counsel but there are some nuggets in there about ME: https://lawrencekstimes.com/2021/08/13/kcoa-buchhorn/ here's an article on the ME: https://www.kansascity.com/opinion/opn-columns-blogs/melinda-henneberger/article253637688.html some of his past mistakes: https://www.nytimes.com/1993/11/20/nyregion/syracuse-medical-examiner-agrees-to-quit-after-inquiry.html Cranappleberry fucked around with this message at 04:36 on Mar 23, 2022 |
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Mar 23, 2022 03:28
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We’re all sickos now https://twitter.com/scotusblog/status/1506614178546601988?s=21
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Mar 23, 2022 14:52
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FlamingLiberal posted:We’re all sickos now I would openly chortle except I don't want to jinx anything.
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Mar 23, 2022 15:46
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Is voodoo applicable when using the term "Sending vibes yo way" towards him?
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Mar 23, 2022 15:59
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Scalia's replacement was stolen from Obama and RBG handed her seat to Trump through her lovely Hubris. Thomas getting replaced by the guy who downplayed him being a sexpest would be fitting but I'm extremely skeptical of it happening. I'd sooner believe that Ginny Thomas and the GOP would insist he's still alive for the next several years and that he's just working from seclusion so he can focus on his duties or whatever.
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Mar 23, 2022 16:02
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Didn't Thomas get vaccinated? He'll be fine.
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Mar 23, 2022 16:05
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Eric Cantonese posted:Didn't Thomas get vaccinated? He'll be fine. You're assuming its covid. 'flu like symptoms' cover a range of possibilities.
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Mar 23, 2022 16:17
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kind of deeply depressing that even if he does die and biden manages to appoint another justice before the dems lose congress at the end of the year, all it will accomplish is to give back the deciding swing vote to john "kill the vra" roberts
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Mar 23, 2022 16:33
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Oracle posted:You're assuming its covid. 'flu like symptoms' cover a range of possibilities. Yeah, he’s old, a lot of things can cause very serious pneumonias and things can go downhill quickly.
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Mar 23, 2022 16:34
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Eric Cantonese posted:Didn't Thomas get vaccinated? He'll be fine. I have news which is both good and bad.
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Mar 23, 2022 16:34
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Alito is only a couple years younger than Thomas so 
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Mar 23, 2022 16:53
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Slaan posted:Alito is only a couple years younger than Thomas so Well, Democratic senate control is likely disappearing after November, so...
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Mar 23, 2022 16:55
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Knowing Thomas and his wife, I'd sooner believe it's some form of pump and dump stock scheme than a vaccination issue. He's got decades of corrupt bench legislation left in him.
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Mar 23, 2022 17:09
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Kaal posted:Knowing Thomas and his wife, I'd sooner believe it's some form of pump and dump stock scheme than a vaccination issue. He's got decades of corrupt bench legislation left in him. I dunno. If he'd been released they'd have fallen all over themselves to let us know. He's 73 and he's been in the hospital for five straight nights. Somebody can work the statistical tables on that but the odds are stacking up.
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Mar 23, 2022 17:16
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https://twitter.com/steve_vladeck/status/1506667215554326534?t=CgV8PwhyxNGGyVO0UL9Z1Q&s=19 https://twitter.com/steve_vladeck/status/1506668612748255238?t=WKq15q7bhrC7xzlj4ZIowA&s=19
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Mar 23, 2022 17:51
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SCOTUS invalidated Wisconsin districting maps via shadow docket with bullshit that has never been a requirement before: https://utexas.app.box.com/s/7ca2iocqmaz9xk8xlklcwqrvisa842bu e:f;b.
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Mar 23, 2022 17:51
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Mr. Nice! posted:SCOTUS invalidated Wisconsin districting maps via shadow docket with bullshit that has never been a requirement before: They didn't have any other choice, all their other excuses didn't fit and to do nothing means the GOP can't rig themselves a supermajority in WI while getting a minority of the total vote. Better to make poo poo up while the rest of the government continues to kick the Constitutional Crisis can down the road instead of just acknowledging the current SCOTUS is illegitimate and openly ruling in favor of solidifying their party's power at all costs. Here's hoping Thomas was hanging out with Alito and Roberts a lot last week.
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Mar 23, 2022 20:04
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GhostofJohnMuir posted:kind of deeply depressing that even if he does die and biden manages to appoint another justice before the dems lose congress at the end of the year, all it will accomplish is to give back the deciding swing vote to john "kill the vra" roberts The reality of the situation is that even moving Roberts back into the position of swing "decider" would be a massive improvement from the configuration of the court currently. It would be a huge boon.
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Mar 23, 2022 20:17
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Grip it and rip it posted:The reality of the situation is that even moving Roberts back into the position of swing "decider" would be a massive improvement from the configuration of the court currently. It would be a huge boon.
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Mar 23, 2022 20:19
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Grip it and rip it posted:The reality of the situation is that even moving Roberts back into the position of swing "decider" would be a massive improvement from the configuration of the court currently. It would be a huge boon. i think you can trace a significant amount of responsibility for the current composition of the court and the political realities it represents to robert's rulings on the vra. in the end how much does it matter if roberts stifles the most egregious impulses of the other conservative justices if he's eager to reinforce and accelerate the forces guaranteeing that those same types of highly partisan justices will retain a majority for the foreseeable future? at best it just seems to be taking solace in the prospect that the worst blows will land on the next generation rather than us
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Mar 23, 2022 20:45
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Crows Turn Off posted:I think it's all moot unless we hold on to Congress in the next election. I have bad news for you.
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Mar 23, 2022 21:00
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Are there any threads about the current hearing? Because the racism is wild. I know she’s not left enough, but she seems legit cool and like a solid pick for a moderate.
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Mar 23, 2022 21:13
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LionArcher posted:Are there any threads about the current hearing? Because the racism is wild. I know she’s not left enough, but she seems legit cool and like a solid pick for a moderate. She is a good pick. Pretty disappointing that a black woman merits almost zero discussion on this board despite being literally the only public defender ever nominated.
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Mar 23, 2022 21:43
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Jaxyon posted:She is a good pick. Pretty disappointing that a black woman merits almost zero discussion on this board despite being literally the only public defender ever nominated. I'd assume at least part of it is because she's clearly qualified, obviously competent, and with a 6-3 court, it's not gonna matter at all for another 30 years, so there's not a lot to discuss.
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Mar 23, 2022 21:44
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Jaxyon posted:She is a good pick. Pretty disappointing that a black woman merits almost zero discussion on this board despite being literally the only public defender ever nominated. A good pick is a good pick, not much to discuss
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Mar 23, 2022 21:48
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Hieronymous Alloy posted:A good pick is a good pick, not much to discuss azflyboy posted:I'd assume at least part of it is because she's clearly qualified, obviously competent, and with a 6-3 court, it's not gonna matter at all for another 30 years, so there's not a lot to discuss. She's basically walking into a situation that would turn Judge Beer into a puddle of tears and dealing with the racism foghorn day in and day out, I think we should at least spend some time on it, but I can't make people do so.
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Mar 23, 2022 21:50
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Jaxyon posted:She's basically walking into a situation that would turn Judge Beer into a puddle of tears and dealing with the racism foghorn day in and day out, I think we should at least spend some time on it, but I can't make people do so. Can't you post about her nomination? Give it a shot, see if anyone responds!
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Mar 23, 2022 21:54
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One questionable ruling was debated in here but not much to debate really about a boring but fine judge who is a definite improvement over the old white dude she's replacing. The CE thread has been posting a few wild excerpts from the unhinged GOP questioning, but it's interspersed with other politics stuff, I think if you brought some examples in here it would spark discussion because wow holy moley
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Mar 23, 2022 21:54
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Leon's post is pretty good start:quote:Blackburn: How can you make rulings on the rights of women and deciding who is or is not a woman when you are not a biologist and therefor could not define a woman?
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Mar 23, 2022 21:57
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LionArcher posted:Are there any threads about the current hearing? Because the racism is wild. I know she’s not left enough, but she seems legit cool and like a solid pick for a moderate. Considering the POTUS and current Senate composition she pretty much is left enough. VitalSigns posted:One questionable ruling was debated in here but not much to debate really about a boring but fine judge who is a definite improvement over the old white dude she's replacing. What questionable ruling was that, the class action one where someone linked to an article written by a lawyer who missed a payday because of her decision and therefore is extremely biased about said ruling?
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Mar 23, 2022 22:10
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Evil Fluffy posted:I have bad news for you.
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Mar 23, 2022 22:19
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