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(USA Today)   Supreme Court of Pennsylvania to hear the appeal of Bill Cosby's rape conviction. At issue: How many times is the prosecutor allowed to prove the defendant did the EXACT same thing that he's on trial for, before it becomes "unfair" to the defendant   (usatoday.com) divider line
    More: Followup, Court, Judge, Appeal, Lawyer, sides of actor Bill Cosby, Supreme Court of the United States, Sexual assault, Pennsylvania Supreme Court  
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2568 clicks; posted to Main » and Entertainment » on 15 Sep 2020 at 4:20 PM (3 days ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



45 Comments     (+0 »)
 
View Voting Results: Smartest and Funniest
 
3 days ago  
He roofied some rubes and got rousted for his rapes.
Odds are, the pudding's been popped. Appeals are pooped. Process is past.
 
3 days ago  
First bit of legal research I ever did professionally involved "other Crimes evidence" when I was interning for a prosecutor's office, and it actually was a rape case too.

The General Rule is,  you cannot bring in evidence of "other Crimes" a defendant is accused or has been convicted of because you might sway the jury to convict him simply because he/she is a "bad person" rather than because THIS Crime has been proven beyond a reasonable doubt

The main exceptions are:
1) If the defendant takes the stand in their own defense.  the "character" of any witness is alway relevant to the proceedings and therefore if they take the stand as a witness it's fair game to bring it up.

Or when it has evidentiary value to show
1) Identity
2) Absence of mistake (he claimed the vic ran into his knife but he stabbed three other people)
2) a Common modus operandi that is unique
3) the crimes are linked in a single "criminal transaction" (ie robbing a bank running out into the street and carjacking a car for your getaway vehicle, etc)
4) proof of motive, opportunity intent etc (he was in position to carjack that woman because he ran out the bank right where he was driving seconds before, he needed a getaway car because he just robbed a bank, etc)

The case I worked on was the case of  man the papers had dubbed "The Crossbow Rapist" after the weapon he used in each of the four rapes he committed.   One of the women he raped was a clinical psychologist, who after being raped began a dialogue with him, and after about half an hour gave him her number and encouraged him to call her to talk about his "issues", Which he did...twice....about a week apart from the same payphone...which he cops were staking out the second time.

The prosecutor wanted the psych to testifying in all four cases because he was SUCH a strong witness, but the defense was arguing that was "other crimes evidence"

Yeah the Use of the Crossbow put it over the "unique MO test"  and she was able to come in on all four cases to establish "identity"

Probably could have used a "single criminal transaction" test too because although the rapes occurred weeks apart, the motive for them was that the guy sold home security systems and was trying to create a panic to sell more of them and the Crossbow was used to make it clear that it was one serial rapist (and he targeted homes that used a rival brand of home security system)
 
3 days ago  

Magorn: First bit of legal research I ever did professionally involved "other Crimes evidence" when I was interning for a prosecutor's office, and it actually was a rape case too.

The General Rule is,  you cannot bring in evidence of "other Crimes" a defendant is accused or has been convicted of because you might sway the jury to convict him simply because he/she is a "bad person" rather than because THIS Crime has been proven beyond a reasonable doubt

The main exceptions are:
1) If the defendant takes the stand in their own defense.  the "character" of any witness is alway relevant to the proceedings and therefore if they take the stand as a witness it's fair game to bring it up.

Or when it has evidentiary value to show
1) Identity
2) Absence of mistake (he claimed the vic ran into his knife but he stabbed three other people)
2) a Common modus operandi that is unique
3) the crimes are linked in a single "criminal transaction" (ie robbing a bank running out into the street and carjacking a car for your getaway vehicle, etc)
4) proof of motive, opportunity intent etc (he was in position to carjack that woman because he ran out the bank right where he was driving seconds before, he needed a getaway car because he just robbed a bank, etc)

The case I worked on was the case of  man the papers had dubbed "The Crossbow Rapist" after the weapon he used in each of the four rapes he committed.   One of the women he raped was a clinical psychologist, who after being raped began a dialogue with him, and after about half an hour gave him her number and encouraged him to call her to talk about his "issues", Which he did...twice....about a week apart from the same payphone...which he cops were staking out the second time.

The prosecutor wanted the psych to testifying in all four cases because he was SUCH a strong witness, but the defense was arguing that was "other crimes evidence"

Yeah the Use of the Crossbow put it over the "unique MO test"  and she was able to come in on all fou ...


WOW!  That is both cogent discussion and relevant example? Am I still on Fark™
I'M GONNA WACK THAT SMART BUTTON!
 
3 days ago  

Magorn: First bit of legal research I ever did professionally involved "other Crimes evidence" when I was interning for a prosecutor's office, and it actually was a rape case too.

The General Rule is,  you cannot bring in evidence of "other Crimes" a defendant is accused or has been convicted of because you might sway the jury to convict him simply because he/she is a "bad person" rather than because THIS Crime has been proven beyond a reasonable doubt

The main exceptions are:
1) If the defendant takes the stand in their own defense.  the "character" of any witness is alway relevant to the proceedings and therefore if they take the stand as a witness it's fair game to bring it up.

Or when it has evidentiary value to show
1) Identity
2) Absence of mistake (he claimed the vic ran into his knife but he stabbed three other people)
2) a Common modus operandi that is unique
3) the crimes are linked in a single "criminal transaction" (ie robbing a bank running out into the street and carjacking a car for your getaway vehicle, etc)
4) proof of motive, opportunity intent etc (he was in position to carjack that woman because he ran out the bank right where he was driving seconds before, he needed a getaway car because he just robbed a bank, etc)

The case I worked on was the case of  man the papers had dubbed "The Crossbow Rapist" after the weapon he used in each of the four rapes he committed.   One of the women he raped was a clinical psychologist, who after being raped began a dialogue with him, and after about half an hour gave him her number and encouraged him to call her to talk about his "issues", Which he did...twice....about a week apart from the same payphone...which he cops were staking out the second time.

The prosecutor wanted the psych to testifying in all four cases because he was SUCH a strong witness, but the defense was arguing that was "other crimes evidence"

Yeah the Use of the Crossbow put it over the "unique MO test"  and she was able to come in on all fou ...


Yeesh.

That's a lot more farked up than the guy who poisoned the Tylenol capsules so he could short-sell the stock.
 
3 days ago  
Too bad the courts have nothing better to do than slightly deconvict a convict, who was convicted.
 
3 days ago  
I'm surprised Conservatives haven't jumped on this. While Cosby is in the slammer eating keestered in pudding pops, they can't fake those ridiculous emails. The ones where Cosby speaks at an HBCU and drops a bunch of racist and bigoted comments.
 
3 days ago  
More like... how many times does a celebrity have to be convicted of their crimes before they are treated like any other prisonner?

The Just-Us rich system in action.
 
3 days ago  

Magorn: the motive for them was that the guy sold home security systems and was trying to create a panic to sell more of them


😲

Chasing money makes people do some evil crap.

But, a basic Universal income, would be evil too! 🙄💀
 
3 days ago  
Sounds like he at least has a case against the legal team that allowed him to give the deposition in the earlier civil case based on a verbal promise that he 'could never be prosecuted.'

WTF kind of attorney advises their client to incriminate themselves based on a verbal promise?

He's still going to be a convicted rapist, and rightfully so because he's a farking rapist, but that legal team should face some consequences
 
3 days ago  
I guess every time he gets a hearing, he gets out of prison, gets to wear a suit, maybe stop somewhere for a decent meal.  While he's waiting for his time in the court, he's catching up with friends on the lawyer's cell phone or maybe having a meeting in the side room.  Top tier legal representation at it's best.

Next hearing:  Covid is making it dangerous for my client, your honor.  He should self isolate in a mansion and agrees to wear a tracking device sometimes maybe.

My client requests a hearing on prison cruelty.  None of his books are in the library and the only album is "To My brother Whom I slept With" and that's giving his prison peers the wrong idea.
 
3 days ago  

Magorn: First bit of legal research I ever did professionally involved "other Crimes evidence" when I was interning for a prosecutor's office, and it actually was a rape case too.

The General Rule is,  you cannot bring in evidence of "other Crimes" a defendant is accused or has been convicted of because you might sway the jury to convict him simply because he/she is a "bad person" rather than because THIS Crime has been proven beyond a reasonable doubt

The main exceptions are:
1) If the defendant takes the stand in their own defense.  the "character" of any witness is alway relevant to the proceedings and therefore if they take the stand as a witness it's fair game to bring it up.

Or when it has evidentiary value to show
1) Identity
2) Absence of mistake (he claimed the vic ran into his knife but he stabbed three other people)
2) a Common modus operandi that is unique
3) the crimes are linked in a single "criminal transaction" (ie robbing a bank running out into the street and carjacking a car for your getaway vehicle, etc)
4) proof of motive, opportunity intent etc (he was in position to carjack that woman because he ran out the bank right where he was driving seconds before, he needed a getaway car because he just robbed a bank, etc)

The case I worked on was the case of  man the papers had dubbed "The Crossbow Rapist" after the weapon he used in each of the four rapes he committed.   One of the women he raped was a clinical psychologist, who after being raped began a dialogue with him, and after about half an hour gave him her number and encouraged him to call her to talk about his "issues", Which he did...twice....about a week apart from the same payphone...which he cops were staking out the second time.

The prosecutor wanted the psych to testifying in all four cases because he was SUCH a strong witness, but the defense was arguing that was "other crimes evidence"

Yeah the Use of the Crossbow put it over the "unique MO test"  and she was able to come in on all four cases to establish "identity"

Probably could have used a "single criminal transaction" test too because although the rapes occurred weeks apart, the motive for them was that the guy sold home security systems and was trying to create a panic to sell more of them and the Crossbow was used to make it clear that it was one serial rapist (and he targeted homes that used a rival brand of home security system)


I have been told by a Very Good Lawyer that other acts evidence generally comes in, given the variety of exceptions you list.

In this case, MO seems like it would apply, with Cosby's tendency to drug women in the same fashion. I've also been told that while you can give the jury a limiting instruction that this evidence is only there to establish MO and not a tendency, that just draws more attention to the tendency.
 
3 days ago  
Rot in hell to rapey old fark.
 
3 days ago  

SpectroBoy: Rot in hell to rapey old fark.


Why is anyone spending time and resources on this?

He did it.  Everyone in the farkin' world knows it. And, he did it over and over again.

"Because nobody is gonna' do nothin' to me, for it. Hey, Hey, Hey."
 
3 days ago  

FrancoFile: That's a lot more farked up than the guy who poisoned the Tylenol capsules so he could short-sell the stock.


neither of them got salesman of the year awards at the conference.
 
3 days ago  

waxbeans: Magorn: the motive for them was that the guy sold home security systems and was trying to create a panic to sell more of them

😲

Chasing money makes people do some evil crap.

But, a basic Universal income, would be evil too! 🙄💀


Well, he also really likes rape.
 
3 days ago  

FrancoFile: Magorn: First bit of legal research I ever did professionally involved "other Crimes evidence" when I was interning for a prosecutor's office, and it actually was a rape case too.

The General Rule is,  you cannot bring in evidence of "other Crimes" a defendant is accused or has been convicted of because you might sway the jury to convict him simply because he/she is a "bad person" rather than because THIS Crime has been proven beyond a reasonable doubt

The main exceptions are:
1) If the defendant takes the stand in their own defense.  the "character" of any witness is alway relevant to the proceedings and therefore if they take the stand as a witness it's fair game to bring it up.

Or when it has evidentiary value to show
1) Identity
2) Absence of mistake (he claimed the vic ran into his knife but he stabbed three other people)
2) a Common modus operandi that is unique
3) the crimes are linked in a single "criminal transaction" (ie robbing a bank running out into the street and carjacking a car for your getaway vehicle, etc)
4) proof of motive, opportunity intent etc (he was in position to carjack that woman because he ran out the bank right where he was driving seconds before, he needed a getaway car because he just robbed a bank, etc)

The case I worked on was the case of  man the papers had dubbed "The Crossbow Rapist" after the weapon he used in each of the four rapes he committed.   One of the women he raped was a clinical psychologist, who after being raped began a dialogue with him, and after about half an hour gave him her number and encouraged him to call her to talk about his "issues", Which he did...twice....about a week apart from the same payphone...which he cops were staking out the second time.

The prosecutor wanted the psych to testifying in all four cases because he was SUCH a strong witness, but the defense was arguing that was "other crimes evidence"

Yeah the Use of the Crossbow put it over the "unique MO test"  and she was able to come in on all fou ...

Yeesh.

That's a lot more farked up than the guy who poisoned the Tylenol capsules so he could short-sell the stock.


I thought that was unsolved
 
3 days ago  

Magorn: First bit of legal research I ever did professionally involved "other Crimes evidence" when I was interning for a prosecutor's office, and it actually was a rape case too.


Dude, where's your clever gif or reference to a 15 year old running joke? This is Fark. We have standards!

\ Yeah, that's a +1 from me.
 
3 days ago  
"Rape, Abuse & Incest National Network"

So, are they for or against him in this case?
 
3 days ago  

Everything is Awful: FrancoFile: Magorn: First bit of legal research I ever did professionally involved "other Crimes evidence" when I was interning for a prosecutor's office, and it actually was a rape case too.

The General Rule is,  you cannot bring in evidence of "other Crimes" a defendant is accused or has been convicted of because you might sway the jury to convict him simply because he/she is a "bad person" rather than because THIS Crime has been proven beyond a reasonable doubt

The main exceptions are:
1) If the defendant takes the stand in their own defense.  the "character" of any witness is alway relevant to the proceedings and therefore if they take the stand as a witness it's fair game to bring it up.

Or when it has evidentiary value to show
1) Identity
2) Absence of mistake (he claimed the vic ran into his knife but he stabbed three other people)
2) a Common modus operandi that is unique
3) the crimes are linked in a single "criminal transaction" (ie robbing a bank running out into the street and carjacking a car for your getaway vehicle, etc)
4) proof of motive, opportunity intent etc (he was in position to carjack that woman because he ran out the bank right where he was driving seconds before, he needed a getaway car because he just robbed a bank, etc)

The case I worked on was the case of  man the papers had dubbed "The Crossbow Rapist" after the weapon he used in each of the four rapes he committed.   One of the women he raped was a clinical psychologist, who after being raped began a dialogue with him, and after about half an hour gave him her number and encouraged him to call her to talk about his "issues", Which he did...twice....about a week apart from the same payphone...which he cops were staking out the second time.

The prosecutor wanted the psych to testifying in all four cases because he was SUCH a strong witness, but the defense was arguing that was "other crimes evidence"

Yeah the Use of the Crossbow put it over the "unique MO test"  and she was able to come in on all fou ...

Yeesh.

That's a lot more farked up than the guy who poisoned the Tylenol capsules so he could short-sell the stock.

I thought that was unsolved


FML.
I wish I didn't Google that.

To answer, no and yes. But no.

Odd.
😲
 
3 days ago  

Harry Freakstorm: I guess every time he gets a hearing, he gets out of prison, gets to wear a suit, maybe stop somewhere for a decent meal.  While he's waiting for his time in the court, he's catching up with friends on the lawyer's cell phone or maybe having a meeting in the side room.  Top tier legal representation at it's best.

Next hearing:  Covid is making it dangerous for my client, your honor.  He should self isolate in a mansion and agrees to wear a tracking device sometimes maybe.

My client requests a hearing on prison cruelty.  None of his books are in the library and the only album is "To My brother Whom I slept With" and that's giving his prison peers the wrong idea.


His lawyers tried the covid angle back in April.  Sex offenders arent eligible for early parole due to the 'rona.
 
3 days ago  

Dafatone: Magorn: First bit of legal research I ever did professionally involved "other Crimes evidence" when I was interning for a prosecutor's office, and it actually was a rape case too.

The General Rule is,  you cannot bring in evidence of "other Crimes" a defendant is accused or has been convicted of because you might sway the jury to convict him simply because he/she is a "bad person" rather than because THIS Crime has been proven beyond a reasonable doubt

The main exceptions are:
1) If the defendant takes the stand in their own defense.  the "character" of any witness is alway relevant to the proceedings and therefore if they take the stand as a witness it's fair game to bring it up.

Or when it has evidentiary value to show
1) Identity
2) Absence of mistake (he claimed the vic ran into his knife but he stabbed three other people)
2) a Common modus operandi that is unique
3) the crimes are linked in a single "criminal transaction" (ie robbing a bank running out into the street and carjacking a car for your getaway vehicle, etc)
4) proof of motive, opportunity intent etc (he was in position to carjack that woman because he ran out the bank right where he was driving seconds before, he needed a getaway car because he just robbed a bank, etc)

The case I worked on was the case of  man the papers had dubbed "The Crossbow Rapist" after the weapon he used in each of the four rapes he committed.   One of the women he raped was a clinical psychologist, who after being raped began a dialogue with him, and after about half an hour gave him her number and encouraged him to call her to talk about his "issues", Which he did...twice....about a week apart from the same payphone...which he cops were staking out the second time.

The prosecutor wanted the psych to testifying in all four cases because he was SUCH a strong witness, but the defense was arguing that was "other crimes evidence"

Yeah the Use of the Crossbow put it over the "unique MO test"  and she was able to come in on ...


You have indeed talked to a very Good Lawyer.  It's a bit like hearsay.   Hearsay IS forbidden but there are so many exceptions to the rule it renders it almost useless.  In this case "absence of mistake" could also feature prominently   "I just gave her a little something-something to relax her, I had NO IDEA it would make her black out and not remember anything the next morning..." doesn't work if you can show he did 40-odd other times
 
3 days ago  
 
3 days ago  

Zevon's Evil Twin: SpectroBoy: Rot in hell to rapey old fark.

Why is anyone spending time and resources on this?

He did it.  Everyone in the farkin' world knows it. And, he did it over and over again.

"Because nobody is gonna' do nothin' to me, for it. Hey, Hey, Hey."


Sounds almost exactly like someone in the White House.

Different outcome
 
3 days ago  
The Appeal of Cosby's rape conviction is that he'll be behind Bars and away from causing any more Trauma....
 
3 days ago  
My prison sentence will be jello pudding pops. No! My sentence will be like Kodak film. NO! My sentence will be like New Coke I'll be in prison forever.
 
3 days ago  

FrancoFile: Magorn: First bit of legal research I ever did professionally involved "other Crimes evidence" when I was interning for a prosecutor's office, and it actually was a rape case too.

The General Rule is,  you cannot bring in evidence of "other Crimes" a defendant is accused or has been convicted of because you might sway the jury to convict him simply because he/she is a "bad person" rather than because THIS Crime has been proven beyond a reasonable doubt

The main exceptions are:
1) If the defendant takes the stand in their own defense.  the "character" of any witness is alway relevant to the proceedings and therefore if they take the stand as a witness it's fair game to bring it up.

Or when it has evidentiary value to show
1) Identity
2) Absence of mistake (he claimed the vic ran into his knife but he stabbed three other people)
2) a Common modus operandi that is unique
3) the crimes are linked in a single "criminal transaction" (ie robbing a bank running out into the street and carjacking a car for your getaway vehicle, etc)
4) proof of motive, opportunity intent etc (he was in position to carjack that woman because he ran out the bank right where he was driving seconds before, he needed a getaway car because he just robbed a bank, etc)

The case I worked on was the case of  man the papers had dubbed "The Crossbow Rapist" after the weapon he used in each of the four rapes he committed.   One of the women he raped was a clinical psychologist, who after being raped began a dialogue with him, and after about half an hour gave him her number and encouraged him to call her to talk about his "issues", Which he did...twice....about a week apart from the same payphone...which he cops were staking out the second time.

The prosecutor wanted the psych to testifying in all four cases because he was SUCH a strong witness, but the defense was arguing that was "other crimes evidence"

Yeah the Use of the Crossbow put it over the "unique MO test"  and she was able to come in on all fou ...

Yeesh.

That's a lot more farked up than the guy who poisoned the Tylenol capsules so he could short-sell the stock.


Still not as farked up as producing false claims and a faked study showing vaccines are harmful to boost sales of your own vaccine production.

/Which should have been tried as a crime against humanity and receiving the death penalty
 
3 days ago  

vudukungfu: FrancoFile: That's a lot more farked up than the guy who poisoned the Tylenol capsules so he could short-sell the stock.

neither of them got salesman of the year awards at the conference.


farkin' Todd Kohlhepp. That guy always wins.
 
3 days ago  
Sorry but a famous black rapist ought to be able to skate as much as a famous white one.
 
3 days ago  

Gooch: Sorry but a famous black rapist ought to be able to skate as much as a famous white one.


Oh  give me a break
the man was a sacrificial lamb to the me too movement
🙄🙄🙄🙄🙄🙄🙄🙄🙄🙄🙄🙄🙄
 
3 days ago  

fark'emfeed'emfish: I wonder why anybody would want to bring this back into full time news cycle in PA?

Ah, there it is!
[Fark user image image 425x656]
https://www.abc27.com/news/health/coro​navirus/coronavirus-pennsylvania/four-​western-pennsylvania-counties-win-laws​uit-against-governor-wolf-shutdown-rul​ed-unconstitutional/ .


So is this federal judge familiar with General Welfare Clause?
 
3 days ago  

AliceBToklasLives: fark'emfeed'emfish: I wonder why anybody would want to bring this back into full time news cycle in PA?

Ah, there it is!
[Fark user image image 425x656]
https://www.abc27.com/news/health/coro​navirus/coronavirus-pennsylvania/four-​western-pennsylvania-counties-win-laws​uit-against-governor-wolf-shutdown-rul​ed-unconstitutional/ .

So is this federal judge familiar with General Welfare Clause?


I would assume so.

The existence of a clause and the assurances of your preferred news outlet or party line doesn't guarantee adherence or applicability.

That's what the Judicial Branch is for.
 
3 days ago  
Join Bill Clinton's Gentlemen's Club - SOUTH PARK
Youtube wh3FCjeynuY
 
3 days ago  

fark'emfeed'emfish: AliceBToklasLives: fark'emfeed'emfish: I wonder why anybody would want to bring this back into full time news cycle in PA?

Ah, there it is!
[Fark user image image 425x656]
https://www.abc27.com/news/health/coro​navirus/coronavirus-pennsylvania/four-​western-pennsylvania-counties-win-laws​uit-against-governor-wolf-shutdown-rul​ed-unconstitutional/ .

So is this federal judge familiar with General Welfare Clause?

I would assume so.

The existence of a clause and the assurances of your preferred news outlet or party line doesn't guarantee adherence or applicability.

That's what the Judicial Branch is for.


So if my view doesn't derive from a news outlet or party line then that might guarantee adherence and applicability? See I don't think that's true. Also, rhetorical questions are a thing:)
 
3 days ago  
I guess I'm just not sure where else you could get the impression that the general welfare is served by the pandemic restrictions without the perspective a news outlet or party line would feed you.

Unless we're talking about a general welfare that has nothing to do with the covid.
 
3 days ago  

AliceBToklasLives: fark'emfeed'emfish: AliceBToklasLives: fark'emfeed'emfish: I wonder why anybody would want to bring this back into full time news cycle in PA?

Ah, there it is!
[Fark user image image 425x656]
https://www.abc27.com/news/health/coro​navirus/coronavirus-pennsylvania/four-​western-pennsylvania-counties-win-laws​uit-against-governor-wolf-shutdown-rul​ed-unconstitutional/ .

So is this federal judge familiar with General Welfare Clause?

I would assume so.

The existence of a clause and the assurances of your preferred news outlet or party line doesn't guarantee adherence or applicability.

That's what the Judicial Branch is for.

So if my view doesn't derive from a news outlet or party line then that might guarantee adherence and applicability? See I don't think that's true. Also, rhetorical questions are a thing:)


Doh! See above :)
 
3 days ago  

fark'emfeed'emfish: AliceBToklasLives: fark'emfeed'emfish: AliceBToklasLives: fark'emfeed'emfish: I wonder why anybody would want to bring this back into full time news cycle in PA?

Ah, there it is!
[Fark user image image 425x656]
https://www.abc27.com/news/health/coro​navirus/coronavirus-pennsylvania/four-​western-pennsylvania-counties-win-laws​uit-against-governor-wolf-shutdown-rul​ed-unconstitutional/ .

So is this federal judge familiar with General Welfare Clause?

I would assume so.

The existence of a clause and the assurances of your preferred news outlet or party line doesn't guarantee adherence or applicability.

That's what the Judicial Branch is for.

So if my view doesn't derive from a news outlet or party line then that might guarantee adherence and applicability? See I don't think that's true. Also, rhetorical questions are a thing:)

Doh! See above :)


Right. Well I'm just thinking in plain language keeping people from getting COVID promotes the general welfare of the people. But IANAL so it is quite possible the term has technical meanings I am unaware of and I don't know the history of ruling on the clause. It just seems like if it is applicable anywhere it would be during a global pandemic.
 
3 days ago  
I mean it's like making drunk driving a crime even if no one is harmed. It's reckless endangerment of other citizens.
 
3 days ago  

Magorn: First bit of legal research I ever did professionally involved "other Crimes evidence" when I was interning for a prosecutor's office, and it actually was a rape case too.

The General Rule is,  you cannot bring in evidence of "other Crimes" a defendant is accused or has been convicted of because you might sway the jury to convict him simply because he/she is a "bad person" rather than because THIS Crime has been proven beyond a reasonable doubt

The main exceptions are:
1) If the defendant takes the stand in their own defense.  the "character" of any witness is alway relevant to the proceedings and therefore if they take the stand as a witness it's fair game to bring it up.

Or when it has evidentiary value to show
1) Identity
2) Absence of mistake (he claimed the vic ran into his knife but he stabbed three other people)
2) a Common modus operandi that is unique
3) the crimes are linked in a single "criminal transaction" (ie robbing a bank running out into the street and carjacking a car for your getaway vehicle, etc)
4) proof of motive, opportunity intent etc (he was in position to carjack that woman because he ran out the bank right where he was driving seconds before, he needed a getaway car because he just robbed a bank, etc)

The case I worked on was the case of  man the papers had dubbed "The Crossbow Rapist" after the weapon he used in each of the four rapes he committed.   One of the women he raped was a clinical psychologist, who after being raped began a dialogue with him, and after about half an hour gave him her number and encouraged him to call her to talk about his "issues", Which he did...twice....about a week apart from the same payphone...which he cops were staking out the second time.

The prosecutor wanted the psych to testifying in all four cases because he was SUCH a strong witness, but the defense was arguing that was "other crimes evidence"

Yeah the Use of the Crossbow put it over the "unique MO test"  and she was able to come in on all fou ...


More proof that dabbling with the black art of marketing makes you a bad person.
 
3 days ago  
Is he trying to pull an Aaron Hernandez, gets an appel, but dies before the hearing, so technically, he's not a rapist?
 
3 days ago  

AliceBToklasLives: fark'emfeed'emfish: AliceBToklasLives: fark'emfeed'emfish: AliceBToklasLives: fark'emfeed'emfish: I wonder why anybody would want to bring this back into full time news cycle in PA?

Ah, there it is!
[Fark user image image 425x656]
https://www.abc27.com/news/health/coro​navirus/coronavirus-pennsylvania/four-​western-pennsylvania-counties-win-laws​uit-against-governor-wolf-shutdown-rul​ed-unconstitutional/ .

So is this federal judge familiar with General Welfare Clause?

I would assume so.

The existence of a clause and the assurances of your preferred news outlet or party line doesn't guarantee adherence or applicability.

That's what the Judicial Branch is for.

So if my view doesn't derive from a news outlet or party line then that might guarantee adherence and applicability? See I don't think that's true. Also, rhetorical questions are a thing:)

Doh! See above :)

Right. Well I'm just thinking in plain language keeping people from getting COVID promotes the general welfare of the people. But IANAL so it is quite possible the term has technical meanings I am unaware of and I don't know the history of ruling on the clause. It just seems like if it is applicable anywhere it would be during a global pandemic.


Myopic is the best word for that.
 
3 days ago  

Boojum2k: FrancoFile: Magorn: First bit of legal research I ever did professionally involved "other Crimes evidence" when I was interning for a prosecutor's office, and it actually was a rape case too.

The General Rule is,  you cannot bring in evidence of "other Crimes" a defendant is accused or has been convicted of because you might sway the jury to convict him simply because he/she is a "bad person" rather than because THIS Crime has been proven beyond a reasonable doubt

The main exceptions are:
1) If the defendant takes the stand in their own defense.  the "character" of any witness is alway relevant to the proceedings and therefore if they take the stand as a witness it's fair game to bring it up.

Or when it has evidentiary value to show
1) Identity
2) Absence of mistake (he claimed the vic ran into his knife but he stabbed three other people)
2) a Common modus operandi that is unique
3) the crimes are linked in a single "criminal transaction" (ie robbing a bank running out into the street and carjacking a car for your getaway vehicle, etc)
4) proof of motive, opportunity intent etc (he was in position to carjack that woman because he ran out the bank right where he was driving seconds before, he needed a getaway car because he just robbed a bank, etc)

The case I worked on was the case of  man the papers had dubbed "The Crossbow Rapist" after the weapon he used in each of the four rapes he committed.   One of the women he raped was a clinical psychologist, who after being raped began a dialogue with him, and after about half an hour gave him her number and encouraged him to call her to talk about his "issues", Which he did...twice....about a week apart from the same payphone...which he cops were staking out the second time.

The prosecutor wanted the psych to testifying in all four cases because he was SUCH a strong witness, but the defense was arguing that was "other crimes evidence"

Yeah the Use of the Crossbow put it over the "unique MO test"  and she was able to come in on all fou ...

Yeesh.

That's a lot more farked up than the guy who poisoned the Tylenol capsules so he could short-sell the stock.

Still not as farked up as producing false claims and a faked study showing vaccines are harmful to boost sales of your own vaccine production.

/Which should have been tried as a crime against humanity and receiving the death penalty


And going in to use that fame to have sex with Elle McPherson.
 
3 days ago  

fark'emfeed'emfish: I wonder why anybody would want to bring this back into full time news cycle in PA?

Ah, there it is!
[Fark user image image 425x656]
https://www.abc27.com/news/health/coro​navirus/coronavirus-pennsylvania/four-​western-pennsylvania-counties-win-laws​uit-against-governor-wolf-shutdown-rul​ed-unconstitutional/ .


Bets on how long before that decision is overturned?
 
2 days ago  

Moopy Mac: fark'emfeed'emfish: I wonder why anybody would want to bring this back into full time news cycle in PA?

Ah, there it is!
[Fark user image image 425x656]
https://www.abc27.com/news/health/coro​navirus/coronavirus-pennsylvania/four-​western-pennsylvania-counties-win-laws​uit-against-governor-wolf-shutdown-rul​ed-unconstitutional/ .

Bets on how long before that decision is overturned?


Bets on how ling before it's published on fark?
 
2 days ago  
Same thing I guess. Anyway the PA supreme court is busy hearing The Cosby Show.
 
2 days ago  
Cosby is a victim of systemic racism! Que the racists in 3...2..
 
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