On Tuesday, March 30, 2021 at 9:20:43 PM UTC-4, Bud wrote:
> On Tuesday, March 30, 2021 at 12:32:48 PM UTC-4, John Corbett wrote:
> > On Monday, March 29, 2021 at 8:35:15 PM UTC-4, Bud wrote:
> > > On Monday, March 29, 2021 at 7:27:16 AM UTC-4, John Corbett wrote:
> > > > Based on your earlier statements in other threads, it doesn't seem you had
> > > > the same reaction that most people had. On the other hand, a few lines
> > > > below this you stated, "I know that experts on law and crime have already
> > > > looked into the matter and decided the person is guilty.". Do you apply
> > > > that thinking to Chauvin?
> > > No, because I understand the political considerations outweigh the legal
> > > ones in cases like this.
> > >
> > Since prosecutors represent an elected office, it would be naive to think
> > politics don't enter into their decisions.
> There isn`t the same tremendous pressure in the vast majority of
> criminal cases as there is in these high profile, racially charged cases.
> That is why I recognize this as a different animal.
> >That is one more good reason
> > why our justice system raises the bar for getting a criminal
> > conviction.
> I have no problem where the bar for conviction is. I was talking about
> the starting point, the presumption of innocence. It is an absurd
> assumption.
There is nothing absurd about it. It simply requires the prosecutors to
prove beyond a reasonable doubt that the accused is guilty. If they fail
to do that, the jury is supposed to acquit the accused even if they have
doubts about his innocence. It means that in cases of doubt, the jury
rules the accused is not guilty. They aren't necessarily saying he is
innocent. They are saying the prosecution failed to prove its case and
therefore it is presumed the accused is innocent.
> > Your attitude reveals a clear bias based on whom the defendants are.
> Not who the defendants are, what the situation is. Clearly the rules
> change in these high profile, racially charged cases.
> > You're willing to give cops the presumption of innocence
> I looked at the tape and I read the autopsy report. I looked at the
> arrest procedures in place at the time of Floyd`s arrest. It isn`t
> presumption when you look at information, it is concluding.
None of us has enough information to decide whether Chauvin is guilty or
innocent because the evidence against him is just now being presented. It
seems to me the key questions are whether Chauvin's actions contributed to
Floyd's demise and whether Chauvin's actions were justified under the
circumstances. I don't know what the Minnesota law says in the case where
the accused contributed to a person's death even if he wasn't the primary
cause of it. No doubt that will be explained in the judge's instructions
to the jury. Until these issues are resolved, I am perfectly fine with
giving Chauvin the same presumptions of innocence I would give to a gang
banger accused of murder. In both cases the prosecution bears the burden
of proving that the accused is guilty.
> > but for others
> > you give credence to the fact that cops and prosecutors have decided the
> > accused is guilty.
> The lynch mobs have decided Chauvin is guilty. The system is all too
> willing to appease the violent mobs.
The jury is the safeguard against mob rule. It proved to be in the George
Zimmerman trial. It has been my experience in the four jury panels I
served on that the jurors take their job very seriously and do their best
to find what they believe is a just verdict. I believe that even about the
10 people whom I disagreed with in the murder trial I served on.
The tape doesn't tell us everything. It shows us somethings.
> > Until then all of them should be afforded
> > the presumption of innocence.
> With the possible exception of Chauvin none of them should have even
> been charged. The only reason they were is because cities were burning.
I am fine with giving all of these cop the presumptions of innocence. We
shall see if the prosecutors have compelling evidence of their guilt.
> > > These are all the product of political considerations, not legal ones.
> > > If Zimmerman stops a white guy and the guy attacks him and Zimmerman
> > > shoots him, does this go to court? Not a chance. Blacks have a gut feeling
> > > that these things play out like they do because of race, and the system is
> > > bending over backwards to appease them.
> > That might very well be true.
> In which case this is injustice. Lady justice is wearing a blindfold for
> a reason. We abandon principles for the sake of political expediency.
It would have been had George Zimmerman been found guilty. Fortunately, we
have a criminal justice system that presumed he was innocent and 12 jurors
after hearing the case against him ruled that the prosecutors failed to
prove that George Zimmerman was not justified in taking Treyvon Martin's
life.
> > In other times and places the political
> > pressure has been to crack down on crime which has on occasions resulted
> > in innocent people being prosecuted, many of them minorities.
> Which has nothing to do with anything. Two wrongs aren`t going to make a
> right. Doing things to assuage the feelings of a violent mob isn`t going
> to accomplish anything.
Our criminal justice system is designed to be a check on prosecutorial
misconduct no matter what form it takes. Presumption of innocence is a key
component of that. The burden is on the state to prove the accused is
guilty and that is true whether the accused is a cop or a gang banger. All
should be treated equally under the law.
> >We have many
> > documented cases in which overzealous prosecutors withheld exculpatory
> > evidence in order to get a conviction.
> And the reason they are documented is because they were exposed.
>
> In the Trayvon Martin case the prosecution did not give the defense the
> things on his phone, which the defense could have used to contest the
> "good boy" persona being advanced. The problem is that all the powers the
> be (media/politicians/bureaucrats) decide on the official narrative, and
> anything that goes against the "lie agreed upon" is squashed. There were
> things on Trayvon Martin`s phone that weren`t allowed to be heard in court
> that did have a bearing on his character and conduct.
Judges make decisions all the time on what is admissible based on their
interpretation of the law. They do not base those decisions on what the
MSM is reporting. If judges err in making those judgements, that is
grounds for an appeal in the event of a conviction.
>
> "Kruidbos was fired after testifying at a pre-trial hearing on June 6
> that he believed prosecutors had failed to turn over to the defense, as
> required by evidence-sharing laws, potentially embarrassing evidence
> extracted from Martin’s cell phone."
>
> "Kruidbos testified last month in a pre-trial hearing that he found
> photos on Martin’s phone that included pictures of a pile of
> jewelry on a bed, underage nude females, marijuana plants, and a hand
> holding a semi-automatic pistol."
>
> That Trayvon was a thug did have a bearing on the case.
This is why we have laws and legal precedence to decide what is and what
is not admissible. If prosecutors withhold evidence from the defense, that
too can be grounds for an appeal.
Your attitude gives the prosecution a head start they are not entitled to.
> > > > If they fail to do
> > > > that, if there is reasonable doubt as to whether the accused is guilty or
> > > > not, juries are supposed to acquit the accused. There is a very real
> > > > possibility a jury could conclude it is probable the accused is guilty but
> > > > if they have a reasonable doubt, they must acquit a person they think is
> > > > guilty.
> > > All that is possible without the presumption of innocence. A blank slate
> > > where neither guilt or innocence is presumed works just as well.
> > You don't have a blank slate.
> You do if you don`t assume guilt or innocence.
> > You start with the inclination that the
> > accused is guilty unless the accused is a cop.
> I assume political considerations are outweighing legal ones when I see
> that political considerations outweighing legal ones.
When I served on a jury in two criminal trials, I began with the
presumption of innocence for both, one an accused murderer and one an
accused forger. The prosecution only partially proved its case against the
accused murderer. It failed to prove to my satisfaction that the element
of premeditation so I presumed there was no premeditation and refused to
vote for conviction to the most serious charge. In the case of the forger,
there was no doubt in anybody's mind he had passed some bad checks. The
physical evidence alone was enough to convince us. He had even given the
cops a confession which his lawyer recanted at the trial. We didn't even
need to consider the confession. We found him guilty based solely on the
physical evidence. We convicted him in less than an hour.
> > > > > > > The best I can say is you
> > > > > > > will have to convince me that I can say with confidence the person
> > > > > > > committed the crime in question. But presume them innocent, no.
> > > > > > You would never be allowed on a jury in a criminal case unless you
> > > > > > perjured yourself during voir dire. It's a pretty standard question a jury
> > > > > > panel is asked. The defense wants 12 people willing to presume the accused
> > > > > > is innocent.
> > > >
> > > > > The defense would do fine with me. The prosecutors would still need to
> > > > > show me that I was looking at a guilty person.
> > > > If you aren't presuming innocence, you make the prosecutor's job much
> > > > easier.
> > > No, because a juror isn`t tasked with determining innocence.
> > A juror is tasked with requiring the prosecutors to present compelling
> > evidence that the accused is guilty.
> They would need to do this with me even if I didn`t presume innocence.
It doesn't sound like you would need much convincing for most people
accused of crimes. You seem very willing to defer to the judgement of the
cops and prosecutors.
> >You seem to find it compelling that
> > the prosecutors have made the judgement that the accused is guilty.
> Not compelling. A weatherman predicts the weather, using his expertise.
> They are sometimes wrong, but the predictions are the product of a
> process, they are noteworthy and significant. You shouldn`t assume it
> isn`t going to rain just because a weatherperson says that it will, and
> you shouldn`t assume a person is innocent despite a prosecutor telling you
> he is guilty.
If I am a juror, I am supposed to presume innocence. The burden is on the
prosecutor to change my mind.