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  #1  
Old 05-01-2025, 08:35 PM
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Two completely separate animals.
Yes, but I don't think that should be the case. I don't like this business of civil liability if there's no criminal conviction. I don't like it at all. It's opened the door for all kinds of abuses, all kinds of shysters, all kinds of legal shenanigans.

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Old 05-01-2025, 08:41 PM
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Yes, but I don't think that should be the case. I don't like this business of civil liability if there's no criminal conviction. I don't like it at all. It's opened the door for all kinds of abuses, all kinds of shysters, all kinds of legal shenanigans.

So if I get defrauded I can't sue the fraudster if they have not been criminally convicted? If my company goes under because my monopolist competitor drives me out with predatory pricing or other abusive anticompetitive behavior, I can't sue them unless the government has prosecuted and convicted them? I could give countless examples of how crazy this regime would be. If a public company massively overstates its revenues and millions of dollars of losses ensure when the truth comes out, are investors out of luck if the government doesn't bring criminal charges? Do you realize what a tiny percentage of potentially criminal acts get prosecuted?
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Last edited by Peter_Spaeth; 05-01-2025 at 08:48 PM.
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  #3  
Old 05-01-2025, 08:54 PM
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Originally Posted by Peter_Spaeth View Post
So if I get defrauded I can't sue the fraudster if they have not been criminally convicted? If my company goes under because my monopolist competitor drives me out with predatory pricing or other abusive anticompetitive behavior, I can't sue them unless the government has prosecuted and convicted them? I could give countless examples of how crazy this regime would be. If a public company massively overstates its revenues and millions of dollars of losses ensure when the truth comes out, are investors out of luck if the government doesn't bring criminal charges? Do you realize what a tiny percentage of potentially criminal acts get prosecuted?
You could've summed it up more concisely: O.J Simpson.
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Old 05-01-2025, 08:57 PM
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You could've summed it up more concisely: O.J Simpson.
Actually I think we had that very discussion, with Baltic taking the position OJ was actually innocent because he had not been convicted.
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  #5  
Old 05-01-2025, 09:35 PM
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You could've summed it up more concisely: O.J Simpson.
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Old 05-01-2025, 09:25 PM
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Originally Posted by Peter_Spaeth View Post
So if I get defrauded I can't sue the fraudster if they have not been criminally convicted? If my company goes under because my monopolist competitor drives me out with predatory pricing or other abusive anticompetitive behavior, I can't sue them unless the government has prosecuted and convicted them? I could give countless examples of how crazy this regime would be. If a public company massively overstates its revenues and millions of dollars of losses ensure when the truth comes out, are investors out of luck if the government doesn't bring criminal charges? Do you realize what a tiny percentage of potentially criminal acts get prosecuted?
Well I for one am bloody sick and tired of paying ever higher insurance premiums to finance outrageous jury awards and the mansions of the shysters who filed the suits!

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You could've summed it up more concisely: O.J Simpson.
INNOCENT! Case closed.

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Originally Posted by Peter_Spaeth View Post
Actually I think we had that very discussion, with Baltic taking the position OJ was actually innocent because he had not been convicted.
You fascist son-of-a-bitch! What the hell is it about INNOCENT until and unless convicted in a court of law that you either don't understand - or simply don't like? It's not only the cornerstone of our legal system but is a fundamental bulwark against the overarching power of the State. Without that fundamental bulwark any and all of us could and would be put away simply because we hold "inconvenient" political views. See the Soviet Union. My own uncle was taken to Siberia where he perished.

Any lawyer who doesn't embrace the principal of INNOCENT until proven guilty wholeheartedly without any ifs, ands or buts should be disbarred immediately.

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Last edited by Balticfox; 05-01-2025 at 09:28 PM.
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  #7  
Old 05-01-2025, 09:47 PM
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Well I for one am bloody sick and tired of paying ever higher insurance premiums to finance outrageous jury awards and the mansions of the shysters who filed the suits!



INNOCENT! Case closed.



You fascist son-of-a-bitch! What the hell is it about INNOCENT until and unless convicted in a court of law that you either don't understand - or simply don't like? It's not only the cornerstone of our legal system but is a fundamental bulwark against the overarching power of the State. Without that fundamental bulwark any and all of us could and would be put away simply because we hold "inconvenient" political views. See the Soviet Union. My own uncle was taken to Siberia where he perished.

Any lawyer who doesn't embrace the principal of INNOCENT until proven guilty wholeheartedly without any ifs, ands or buts should be disbarred immediately.

SMH. I may change my signature line to fascist son of a bitch, it has a nice ring to it. I may drop the hyphens though. You are, as you were in the other thread, completely mischaracterizing and taking on a straw man. I absolutely believe in the presumption of innocence in a criminal case. Again, there is a difference between legal innocence and moral innocence.
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Last edited by Peter_Spaeth; 05-01-2025 at 10:10 PM.
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  #8  
Old 05-02-2025, 07:51 AM
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Originally Posted by Peter_Spaeth View Post
SMH. I may change my signature line to fascist son of a bitch, it has a nice ring to it. I may drop the hyphens though. You are, as you were in the other thread, completely mischaracterizing and taking on a straw man. I absolutely believe in the presumption of innocence in a criminal case. Again, there is a difference between legal innocence and moral innocence.
Isn't there also a difference between being innocent and being found not guilty in a trial?
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  #9  
Old 05-02-2025, 08:05 AM
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Isn't there also a difference between being innocent and being found not guilty in a trial?
That's my point. You may not be found guilty beyond a reasonable doubt even though you actually committed the crime. The system is imperfect. And of course occasionally people who did not commit the crime are found guilty.
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  #10  
Old 05-02-2025, 08:15 AM
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Without any theatrics or drama, may I ask a simple question? I know some of you are lawyers. Whatever happened to double jeopardy? If you are found guilty or not guilty, should that not be the end of it? When did it become acceptable to have a criminal AND a civil trial? Has that always been the case? First time I saw this was with OJ.
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  #11  
Old 05-05-2025, 07:37 AM
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Originally Posted by Peter_Spaeth View Post
That's my point. You may not be found guilty beyond a reasonable doubt even though you actually committed the crime. The system is imperfect. And of course occasionally people who did not commit the crime are found guilty.
Or of course, not even getting to trial.
There's a Texas judge who posts a lot of his hearings, many on probable cause.
On some, it's pretty obvious the person did what the charge says.
But, the facts are weak/
Like one woman was charged with DUI and probably a couple other things.
Car hits another car on the high way, leaves.
Witness gives plate number to police who go to the house.
Woman who is the registered owner answers the door obviously drunk.

Witness only had the plate number. Cops only had the registration and that dhe was drunk at home. So no evidence of being the driver, or of being drunk while driving because she could have gotten home sober and hit the bottle straight away.

Dismissed......

Yeah, she did it. But it's not proveable.
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Old 05-02-2025, 10:55 AM
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I may change my signature line to fascist son of a bitch, it has a nice ring to it. I may drop the hyphens though.
Talk's cheap. I'm waiting. You may perhaps have noticed that I've already changed my own.

Quote:
Originally Posted by Peter_Spaeth View Post
You are, as you were in the other thread, completely mischaracterizing and taking on a straw man. I absolutely believe in the presumption of innocence in a criminal case. Again, there is a difference between legal innocence and moral innocence.
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Isn't there also a difference between being innocent and being found not guilty in a trial?
I'll leave moral judgements to the clergy. My specific interest is the protection of the individual (including myself of course) from malicious prosecution by the State.

I can't believe that you and so many others absolutely fail to understand that if O.J. Simpson could be convicted on the basis of the evidence presented at his trial (which basically consisted of "Well he must have done it!"), then any of us is in jeopardy of being convicted for any murder anywhere! And that's something I find really chilling. I much rather prefer the presumption of innocence, case closed.

It doesn't take much grey matter to understand that underlying principle but somehow when it comes to O.J. Simpson all too many observers/commentators just stop thinking. Let me repeat, if any man can be convicted without strong evidence presented in an impartial court of law, then tomorrow that man may be you! There have already been far too many examples of wrongful convictions over the years. The presumption of innocence is a principle that must never be undermined, and loose talk does precisely that.

I for one am dedicated to my inalienable rights as an individual (regardless of jurisdiction). I see whoever would erode those rights as an implacable enemy.



P.S. Keep in mind that I wasn't the one who introduced O.J. Simpson into this discussion.
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Last edited by Balticfox; 05-02-2025 at 11:04 AM.
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  #13  
Old 05-01-2025, 11:01 PM
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You fascist son-of-a-bitch! What the hell is it about INNOCENT until and unless convicted in a court of law that you either don't understand - or simply don't like?
[Mark visualizes Baltic Fox screaming these words at Commissioner Landis after he banned confessed (but declared not guilty in court) conspirators Cicotte, Williams, et al, for throwing games for money.]
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