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(CNN)   Its opposite day in the NFL, Brain Banks goes from prison cell to the football field   (cnn.com) divider line 52
    More: Spiffy, Brian Banks, Atlanta, NFL, Thomas Dimitroff  
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1435 clicks; posted to Sports » on 04 Apr 2013 at 8:43 AM (2 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-04-04 08:46:01 AM  
What is a Brain Bank?
 
2013-04-04 08:49:40 AM  

dukeblue219: What is a Brain Bank?


I don't know, but subby needs to go make a withdrawal.
 
2013-04-04 08:51:14 AM  
He isn't on the field yet.
 
2013-04-04 08:54:55 AM  
id be worried if he signed with cleveland
 
2013-04-04 08:58:09 AM  
If it were truly opposite day he would have signed with the Bengals.
 
2013-04-04 08:58:54 AM  
FTFA: "His fortunes began to change in 2011, when the woman who once accused him of rape sent him a Facebook friend request.  According to the California Innocence Project, the woman later admitted that Banks had not kidnapped or raped her."

So does that lying biatch get 5 years in prison now?

Hey, don't get me wrong.  Rape is a HORRIBLE crime from which victims never fully recover.  That being said, however, LYING about it ought to carry punishment of its own.
 
2013-04-04 08:59:09 AM  

dukeblue219: What is a Brain Bank?


It's where they keep the brains, duh!
 
2013-04-04 09:04:02 AM  
As a fellow Brian, it's amazing how many people screw up the spelling of something so easy.
 
2013-04-04 09:04:29 AM  

dukeblue219: What is a Brain Bank?


It has to do with the NFL's new focus on concussions and head injuries. Long story short, you know those guys who commit suicide by shooting themselves in the chest?

They're preparing to make a deposit.
 
2013-04-04 09:05:58 AM  

fatalvenom: As a fellow Brian, it's amazing how many people screw up the spelling of something so easy.


Oh, like you haven't typed it yourself (though you probably catch it before printing anything).

/also named Brian
//dad used to f*ck it up all the time in family newsletters
 
2013-04-04 09:20:09 AM  
i198.photobucket.com
 
2013-04-04 09:47:00 AM  

fatalvenom: As a fellow Brian, it's amazing how many people screw up the spelling of something so easy.


Same here. It's supposed to be spelled with a "y"
 
2013-04-04 10:00:20 AM  

tennessee.hillbilly: FTFA: "His fortunes began to change in 2011, when the woman who once accused him of rape sent him a Facebook friend request.  According to the California Innocence Project, the woman later admitted that Banks had not kidnapped or raped her."

So does that lying biatch get 5 years in prison now?

Hey, don't get me wrong.  Rape is a HORRIBLE crime from which victims never fully recover.  That being said, however, LYING about it ought to carry punishment of its own.


Saw this on a news show.  She is on video stating, "I don't want to say I was lying because I don't want to give up the money from the lawsuit."  Apparently his life was ruined so she could sue the school.

There has to legally be something done to people in cases like this.  Some sort of fraud charge that states, "you aren't in trouble for crying rape, you are in trouble for suing based on a lie."  That way they can't say it will set precedence for attacking rape victims.

/I am in no way a lawyer, as should be obvious from my post.
 
2013-04-04 10:09:47 AM  
Now if they could just get that lying skank and her mother to pay back the 1.5 million they defrauded the school out of, and send her ass to PMITAP for 5 years, the slate should be all square.
 
2013-04-04 10:23:12 AM  
 

KingKauff: fatalvenom: As a fellow Brian, it's amazing how many people screw up the spelling of something so easy.

Same here. It's supposed to be spelled with a "y"


Get a Brian morans!
http://www.youtube.com/watch?v=YkWjf9DhlnA
 
2013-04-04 10:35:34 AM  

KingKauff: Same here. It's supposed to be spelled with a "y"


Yeah, if your parents don't love you.
 
2013-04-04 11:04:35 AM  

fatalvenom: As a fellow Brian, it's amazing how many people screw up the spelling of something so easy.


The world's Michaels feel your pain.
 
2013-04-04 11:18:29 AM  

KingKauff: fatalvenom: As a fellow Brian, it's amazing how many people screw up the spelling of something so easy.

Same here. It's supposed to be spelled with a "y"


If you're Jewish, yeah...
 
2013-04-04 11:18:40 AM  

Scuttlebutt: She is on video stating, "I don't want to say I was lying because I don't want to give up the money from the lawsuit." Apparently his life was ruined so she could sue the school.



yeah, he was on Jim Rome about a year ago, after he had i think just been released, and he was etremely critical not just of her (duh) but his own lawyer.  i don't know how that ended  but I somewhat recall him grousing -- rightfully so -- about how his accuser is basically scot-free and set for life due to the financial setttlement she got from the school.

DESPITE RECANTING AND ADMITTING SHE MADE IT ALL UP.
 
2013-04-04 11:21:44 AM  

tennessee.hillbilly: FTFA: "His fortunes began to change in 2011, when the woman who once accused him of rape sent him a Facebook friend request.  According to the California Innocence Project, the woman later admitted that Banks had not kidnapped or raped her."

So does that lying biatch get 5 years in prison now?

Hey, don't get me wrong.  Rape is a HORRIBLE crime from which victims never fully recover.  That being said, however, LYING about it ought to carry punishment of its own.


That's one of the reasons why I'm starting to be a big advocate of both the accuser and the accused being anonymous to the press, unless that's unavoidable (in cases where the name's too famous, for example.) The accuser stays anonymous no matter how the trial goes, and the accused is only named if he's found guilty.
 
2013-04-04 11:22:37 AM  

Scuttlebutt: Saw this on a news show. She is on video stating, "I don't want to say I was lying because I don't want to give up the money from the lawsuit." Apparently his life was ruined so she could sue the school.

There has to legally be something done to people in cases like this. Some sort of fraud charge that states, "you aren't in trouble for crying rape, you are in trouble for suing based on a lie." That way they can't say it will set precedence for attacking rape victims.

/I am in no way a lawyer, as should be obvious from my post.


The law will never change because any politician or legislator who messes with a rape law and does anything other than make punishments stiffer for men will never, ever, ever be re-elected. This is why women have carte blanche to make rape accusations with no fear of reprisal, and why about 1/4th of them are false accusations.
 
2013-04-04 11:32:36 AM  
Are you pondering what I'm pondering?
 
2013-04-04 11:38:28 AM  

Why Would I Read the Article: Scuttlebutt: Saw this on a news show. She is on video stating, "I don't want to say I was lying because I don't want to give up the money from the lawsuit." Apparently his life was ruined so she could sue the school.

There has to legally be something done to people in cases like this. Some sort of fraud charge that states, "you aren't in trouble for crying rape, you are in trouble for suing based on a lie." That way they can't say it will set precedence for attacking rape victims.

/I am in no way a lawyer, as should be obvious from my post.

The law will never change because any politician or legislator who messes with a rape law and does anything other than make punishments stiffer for men will never, ever, ever be re-elected. This is why women have carte blanche to make rape accusations with no fear of reprisal, and why about 1/4th of them are false accusations.


Filing false reports is already illegal.
 
2013-04-04 11:42:17 AM  

Dafatone: Why Would I Read the Article:

This is why women have carte blanche to make rape accusations with no fear of reprisal, and why about 1/4th of them are false accusations.

Filing false reports is already illegal.


First, what Dafatone said.

Second, 1/4th?  Source?  Because 25% is a number I've only seen on sites that offer no evidence to support their claims.
 
2013-04-04 11:59:54 AM  

Dafatone: Filing false reports is already illegal.


So the guy spends 5 years in jail and his life would be ruined if not for having NFL ability (try getting a job where you explain to your prospective employer that you spent 5 years in jail for a rape you didn't commit, and see if they hire you, or Milton from Accountemps), and she gets a misdemeanor filing a false report, pays a $30 fine, and goes on with her life.

Like I said, no fear of reprisal.
 
2013-04-04 12:09:27 PM  

Why Would I Read the Article: So the guy spends 5 years in jail and his life would be ruined if not for having NFL ability (try getting a job where you explain to your prospective employer that you spent 5 years in jail for a rape you didn't commit, and see if they hire you, or Milton from Accountemps), and she gets a misdemeanor filing a false report, pays a $30 fine, and goes on with her life.

Like I said, no fear of reprisal.


I think the bigger issue is the fact that Banks and his lawyers knew that he had no chance of winning the case in a court (because he's athletic and black) even though he had the truth on his side, so they pled guilty.
 
2013-04-04 12:11:52 PM  

rickythepenguin: Scuttlebutt: She is on video stating, "I don't want to say I was lying because I don't want to give up the money from the lawsuit." Apparently his life was ruined so she could sue the school.


yeah, he was on Jim Rome about a year ago, after he had i think just been released, and he was etremely critical not just of her (duh) but his own lawyer.  i don't know how that ended  but I somewhat recall him grousing -- rightfully so -- about how his accuser is basically scot-free and set for life due to the financial setttlement she got from the school.

DESPITE RECANTING AND ADMITTING SHE MADE IT ALL UP.


she was set 'for life' but her and her mother (who by the accounts i have seen/read is the mastermind) have spent all the money and are keeping themselves one step ahead of the debt collectors.

also...

coolmaterial.com
 
2013-04-04 12:18:38 PM  
As a Bryan that ISN'T jewish, or any ish regarding a religion, I feel y'alls pain. The name is supposed to be spelled with a Y for exactly this reason, it virtually eliminates typos!

I'm also a big proponent of people like this lying coont having to pay all the money back PLUS damages to him, AND go to prison herself. False accusations of rape in the US basically destroy a man's LIFE.

That said, more power to him for taking the high road. I hope he makes it. He's a stronger man than I, that's for sure.
 
2013-04-04 12:24:10 PM  

Tanukis_Parachute: she was set 'for life' but her and her mother (who by the accounts i have seen/read is the mastermind) have spent all the money and are keeping themselves one step ahead of the debt collectors.


Basically, people that do this sort of thing probably aren't particularly bright and don't have much foresight. So they're not really going to "win" in the long run anyway.

xaks: I'm also a big proponent of people like this lying coont having to pay all the money back PLUS damages to him, AND go to prison herself. False accusations of rape in the US basically destroy a man's LIFE.


You'd really have to limit it only to cases like this, where the victim says it's all bullsh*t - it's not that easy to prove rape and women barely report it as it is. If you add that they're going to prison just for things like insufficient evidence, then virtually no one's going to report it.

/especially when cops view women as sluts who "wanted it" or "deserved it for wearing something revealing"
 
2013-04-04 12:27:26 PM  
Brian with a y.  Yrian.  Great. Now you can wear a turban and go around telling everyone that you're the king of Yrian.
 
2013-04-04 01:05:47 PM  
Kinda wish the Baers would sign him, since they need as many warm bodies at linebacker that they can get.
 
2013-04-04 01:07:22 PM  
Second, 1/4th?  Source?  Because 25% is a number I've only seen on sites that offer no evidence to support their claims.

And yet, people happily swallow studies that claim what percentage of rapes are "not reported"
 
2013-04-04 01:15:21 PM  

doubled99: Second, 1/4th?  Source?  Because 25% is a number I've only seen on sites that offer no evidence to support their claims.

And yet, people happily swallow studies that claim what percentage of rapes are "not reported"


I'm part of this "people" you speak of and I don't swallow studies without chewing first.

/Chewing is looking at methodology and the track record of the authors of such studies.
 
2013-04-04 02:05:14 PM  
Absolutely could not have happened to a nicer guy despite subby misspelling his name.

// Seahawks fan, but will be watching Falcons highlights as well just for this.
 
2013-04-04 02:26:38 PM  

edgesrealm: // Seahawks fan, but will be watching Falcons highlights as well just for this.


Well, at least we were the first to give him a tryout.

/probably due to Carroll and the fact that Carroll had recruited him to USC, so you kinda have to do him a solid and make sure he gets a tryout
//Falcons were wise to let him get another year of training under his belt, though
 
2013-04-04 02:46:31 PM  

tennessee.hillbilly: So does that lying biatch get 5 years in prison now?


Scuttlebutt: There has to legally be something done to people in cases like this.


xaks: I'm also a big proponent of people like this lying coont having to pay all the money back PLUS damages to him, AND go to prison herself.


All of you have a good point, and this is definitely an affront to one's inner sense of justice.

Having said that, what do you think the odds would be of her recanting her statement if it meant she would be the one going to prison, and/or paying back that sh*t-ton of money? Do you really think she would have ever admitted she had lied?
 
2013-04-04 02:52:09 PM  

IAmRight: Tanukis_Parachute: she was set 'for life' but her and her mother (who by the accounts i have seen/read is the mastermind) have spent all the money and are keeping themselves one step ahead of the debt collectors.

Basically, people that do this sort of thing probably aren't particularly bright and don't have much foresight. So they're not really going to "win" in the long run anyway.

xaks: I'm also a big proponent of people like this lying coont having to pay all the money back PLUS damages to him, AND go to prison herself. False accusations of rape in the US basically destroy a man's LIFE.

You'd really have to limit it only to cases like this, where the victim says it's all bullsh*t - it's not that easy to prove rape and women barely report it as it is. If you add that they're going to prison just for things like insufficient evidence, then virtually no one's going to report it.

/especially when cops view women as sluts who "wanted it" or "deserved it for wearing something revealing"


Also, if there is a fear of prosecution and/or litigation there is no incentive for someone to recant their false allegation, and many of those men would still be in prison. The whole thing is a mess; I'm not sure there is any good solution that isn't going to leave one side or the other in a no-win situation, but a few things that might help...

1. The burden of proof should be higher in sexual assault cases (rape, molestation, etc.) in general. There are way too many people being thrown in prison with little to no evidence. Yes, some rapists will go free as a result, but sending an innocent person to prison is worse (assuming a rape was committed, you're punishing an innocent person AND letting the actual rapist go free).

2. States need to set up better-established and -funded programs to help those who are exonerated (everyone, not just in rape cases). If someone like Banks gets his remedy from "the system", that could provide restitution without making the accuser not want to recant for fear of prosecution/litigation. Prosecutors are just as much to blame as are those making the false allegations; they have the resources and responsibility not only to make sure that a crime was committed, but that they're prosecuting the right person. Many prosecutors, especially those gunning for higher office, are all too willing to take up cases like this and run them through without doing any sort of reality check.

In this case, I don't know if they should prosecute her for the false rape allegation but I hope they can prosecute her for fraud related to the civil case.
 
2013-04-04 02:58:05 PM  

Harvey Manfrenjensenjen: The burden of proof should be higher in sexual assault cases


There are 3 or 4 farkers out there that are going to lose their minds and go all out derp on you for even suggesting there should be any other evidence than the alleged victim's (they don't like that either) word.
 
2013-04-04 02:58:58 PM  

dukeblue219: What is a Brain Bank?


this is a story worth following.  check it out.  that biatch should have to pay back the money she won in the lawsuit from the school system, or be in jail.  or both.
 
2013-04-04 03:00:14 PM  

tennessee.hillbilly: FTFA: "His fortunes began to change in 2011, when the woman who once accused him of rape sent him a Facebook friend request.  According to the California Innocence Project, the woman later admitted that Banks had not kidnapped or raped her."

So does that lying biatch get 5 years in prison now?

Hey, don't get me wrong.  Rape is a HORRIBLE crime from which victims never fully recover.  That being said, however, LYING about it ought to carry punishment of its own.


nope.  and that's not the half of it.  she won a 1.5 million dollar judgement against the school system because they "didn't provide adequate protection".
 
2013-04-04 03:08:31 PM  

stir22: nope. and that's not the half of it. she won a 1.5 million dollar judgement against the school system because they "didn't provide adequate protection".


That lying coont and her coont of a mom should be forced to pay it back by breaking rocks on the side of the highway for $10/hr for the rest of their lives.

They won't have to, of course, because it's well documented that there is no penalty for lying about rape, but in a just world, this is what would happen.
 
2013-04-04 04:33:33 PM  
Ugh.  Everything this guy went thru makes me all stabby.  Points out so many holes in our society and "justice" system.  I am pulling for this guy 100000% to overcome all this.
 
2013-04-04 05:45:37 PM  

Harvey Manfrenjensenjen: 1. The burden of proof should be higher in sexual assault cases (rape, molestation, etc.) in general. There are way too many people being thrown in prison with little to no evidence. Yes, some rapists will go free as a result, but sending an innocent person to prison is worse (assuming a rape was committed, you're punishing an innocent person AND letting the actual rapist go free).


{Citation needed.}  Yes, I realize there are sometimes convictions based on faulty evidence.  This is lamentable for any crime.  Is there any evidence that the wrongful conviction rate is higher for rape than other crimes?  We do have a "beyond a reasonable doubt" standard that's pretty damn high.  Remember, Banks wasn't convicted; he went to prison because his lawyers committed malpractice ("you're black, you'll be convicted for sure, so just admit doing something you didn't do!").  Incompetent legal representation is also a big problem in society but is hardly a sign that the burden of proof needs changing.
 
2013-04-04 06:01:29 PM  

Super Chronic: Harvey Manfrenjensenjen: 1. The burden of proof should be higher in sexual assault cases (rape, molestation, etc.) in general. There are way too many people being thrown in prison with little to no evidence. Yes, some rapists will go free as a result, but sending an innocent person to prison is worse (assuming a rape was committed, you're punishing an innocent person AND letting the actual rapist go free).

{Citation needed.}  Yes, I realize there are sometimes convictions based on faulty evidence.  This is lamentable for any crime.  Is there any evidence that the wrongful conviction rate is higher for rape than other crimes?  We do have a "beyond a reasonable doubt" standard that's pretty damn high.  Remember, Banks wasn't convicted; he went to prison because his lawyers committed malpractice ("you're black, you'll be convicted for sure, so just admit doing something you didn't do!").  Incompetent legal representation is also a big problem in society but is hardly a sign that the burden of proof needs changing.


Citation: The Innocence Project
 
2013-04-04 06:48:46 PM  

Super Chronic: he went to prison because his lawyers committed malpractice ("you're black, you'll be convicted for sure, so just admit doing something you didn't do!").


It's now malpractice to state fact?
 
2013-04-04 06:50:10 PM  
Submitted this, I think it is a really important story and am Highly upset I autocorrected into brain banks and could not change it once I noticed it.  It set in that submission purgatory for a while and I figured because of the mistake it wouldn't go green.

Watched this guy many interviews he seems to be very authentic and a better person for most for just wanting to get on with his life, I would hope they go after this girl for something, especially the money even if it is mandated community service for life pick up trash a couple hours a day,

Hope he does well
 
2013-04-04 06:51:29 PM  

Super Chronic: Harvey Manfrenjensenjen: 1. The burden of proof should be higher in sexual assault cases (rape, molestation, etc.) in general. There are way too many people being thrown in prison with little to no evidence. Yes, some rapists will go free as a result, but sending an innocent person to prison is worse (assuming a rape was committed, you're punishing an innocent person AND letting the actual rapist go free).

{Citation needed.}  Yes, I realize there are sometimes convictions based on faulty evidence.  This is lamentable for any crime.  Is there any evidence that the wrongful conviction rate is higher for rape than other crimes?  We do have a "beyond a reasonable doubt" standard that's pretty damn high.  Remember, Banks wasn't convicted; he went to prison because his lawyers committed malpractice ("you're black, you'll be convicted for sure, so just admit doing something you didn't do!").  Incompetent legal representation is also a big problem in society but is hardly a sign that the burden of proof needs changing.


You and I probably have different thresholds for "too many" (mine happens to be 1), but here's a list of almost 1100 exonerations. Nearly all of them are for murder or sex-related crimes (and the ones for murder are why I also oppose the death penalty). I don't see too many in there under bank robbery or carjacking. Of course, some of them are likely technicalities ("inadequate legal defense"... I'd be skeptical about many of those), but no more so than you claiming that people like Banks don't count because they technically weren't convicted. And your claim that the no-contest plea was the result of incompetent legal representation is mere speculation; that may well have been the thing that saved him. Had he gone to trial and been convicted, the Facebook friending might never have happened and he'd still be sitting there rotting in jail.

And when I say the burden of proof for sex-related crimes needs to be higher, I mean that it needs to be higher than it is now; not that it needs to be higher than that for other crimes. There are few other crimes where I could do something consensually and then change my mind and have someone prosecuted based on nothing other than my word. The cops probably aren't going to believe me when I say that my former friend stole my pickup three months ago during the weekend he happened to be moving but brought it back washed and with a full tank of gas. But if I have sex with someone and regret it and/or get mad at him later, it's a hell of a lot easier to get him prosecuted for rape.

Like I said, it's tough to find a solution that's not going to screw someone over (so to speak); but we need to find a way to make this better. Everyone has their one issue that really burns them up, mine happens to be innocent people in prison.
 
2013-04-04 07:11:33 PM  

drunk_bouncnbaloruber: Citation: The Innocence Project

What I was requesting a citation for, specifically, is that there is a higher wrongful-conviction rate for sex crimes than for other crimes that warrants a special, higher burden of proof than other crimes.  So...

Harvey Manfrenjensenjen: And when I say the burden of proof for sex-related crimes needs to be higher, I mean that it needs to

be higher than it is now; not that it needs to be higher than that for other crimes.

OK, now I understand where you're coming from.  It's at least a fair argument.  I've long thought that, as much as we dutifully recite slogans like "we would rather see ten guilty men walk free than see one man wrongfully convicted," we don't really believe it as a society.  Not when we see ten times the outrage over Casey Anthony and O.J. Simpson that we see over, say, Cameron Todd Willingham.  But again, I thought you were saying something that was unique to sex crimes.  And maybe there is something to that: with rape shield laws and other potential Sixth Amendment violations, it wouldn't be totally surprising to see a higher rate of wrongful convictions.  But weighing against that is the considerable difficulty in making a case based solely on he-said-she-said, which is what a lot of rape cases come down to.  I can't say I have a solution either.
 
2013-04-04 07:14:12 PM  

Harvey Manfrenjensenjen: You and I probably have different thresholds for "too many" (mine happens to be 1), but here's a list of almost 1100 exonerations. Nearly all of them are for murder or sex-related crimes (and the ones for murder are why I also oppose the death penalty). I don't see too many in there under bank robbery or carjacking.


Of course, much of the reason for some crimes never having exonerations is simply because the sentence is short enough that no one bothers to exonerate them. With potential life-in-prison cases, there are actual people who like to make sure that we bother getting those right.

If someone's in for a year? By the time they can prove someone's innocent and/or re-try them, they've already served their sentence.
 
2013-04-04 07:19:06 PM  

Super Chronic: But weighing against that is the considerable difficulty in making a case based solely on he-said-she-said, which is what a lot of rape cases come down to.  I can't say I have a solution either.


I'd say you might have to go with probation and one of those "well, we don't have enough on you to actually charge you on this one...but we're watching you and if it happens again, this is getting factored in to your sentencing" deals.

/if you're white like Roethlisberger, though, we'll just say she was DTF so she had it coming.
 
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