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Member (Idle past 5190 days) Posts: 649 From: Melbourne, Australia Joined: |
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Author | Topic: fair trial? | |||||||||||||||||||||||
berberry Inactive Member |
Goddamn it, holmes, leave me out of this. I posted that link only having given it a cursory glance, and I said at the time that I don't care to do any further research on the subject. The fact that 12-year-old kids sometimes suffer harm from having sex with adults is enough to convince me that it ought to be illegal.
I don't care what information you've found that says it's okay for adults to have sex with 12-year-olds. This is your battle and maybe NAMBLA's, but it isn't mine. Leave me the hell out of it. Keep America Safe AND Free!
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Silent H Member (Idle past 5847 days) Posts: 7405 From: satellite of love Joined: |
I don't care what information you've found that says it's okay for adults to have sex with 12-year-olds. I didn't find anything that said that. I found a study about evidence of harm, which is as I have said does not say anything about morality nor legality.
This is your battle and maybe NAMBLA's, but it isn't mine. Funny you should say this. The thread is about supporting science, not a moral or legal conclusion. In fact, I point out where NAMBLA is wrong regarding the study's conclusions. And as I have said enough times now, I support some level of laws on the subject (regardless of harm). But I guess maybe that is what you are telling me, you simply do not support science. Ironically what you just said to me puts you on the side of Dr Laura and NARTH (the organization commited to converting gays), as opposed to much of the scientific community and even prominent gay activists such as Dan Savage. I just figured that what I had found would be interesting to you, since you saked for it specifically, but I will refrain from discussing actual science with you from now on. Good luck. holmes "...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros) "...don't believe I'm taken in by stories I have heard, I just read the Daily News and swear by every word.."(Steely Dan)
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Silent H Member (Idle past 5847 days) Posts: 7405 From: satellite of love Joined: |
Yes, apparently Michael Jackson was able to receive a fair trial. There were a few questionable decisions IMO, but overall it seemed to operate, and certainly ended correctly.
Given some hindsight, is anyone feeling he did not receive a fair trial? holmes "...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
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CK Member (Idle past 4155 days) Posts: 3221 Joined: |
Seemed fair to me (from over the water). The evidence presented in the case was weak IMHO and I doubt that our Crown prosecution service would have touched this case with a bargepole.
More interesting to me was the way that this case highlighted (again) the vast difference between our media. It seems that your first (right?) amendment allows your reporters and TV presenters to say pretty much what they like about the trial and the accused. Here in the UK, the situation is very different:
quote: The Soham case in particular highlighted a number of issues: Papers could face prosecution over reporting of case | Newspapers & magazines | The Guardian
quote: quote: quote: This message has been edited by Charles Knight, 14-Jun-2005 07:39 AM
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berberry Inactive Member |
Holmes, I've gone back a few posts to try and refresh my memory about this. I somehow missed this last post of yours at the time, and I'm afraid I'd have to go back through the entire thread to be sure I remember everything correctly. I honestly don't have time to do that, so instead I'm going to go on what I do remember and try to ratchet the tone down a little.
As I recall, you favor a system whereby harm in a sexual abuse case is always and only assessed on a case-by-case basis. This would obviate age-of-consent and statutory rape laws. Under your system (again, if I recall correctly), if an adult had sex with a 12-year-old the state would be unable to prosecute any crime on its own, but the kid would be able to bring charges against the adult. The kid would have to prove that harm had been caused by the sexual encounter, not simply prove that sexual contact occurred, in order to prosecute the adult. I am opposed to any system that removes age-of-consent laws and requires the kid to prove harm because that increases the burden on the kid and would probably require him or her to testify to much more than simply the fact that sex occurred. You seem to be trying to convince me that there is no automatic harm in adult-child sex. I'm with you there, but without AOC laws I can't see how it would be possible to try cases without requiring too much of the young victims. Kids mature in different ways at different ages. It's not surprising to me that some kids are pretty much sexually mature by the time they're through with puberty, but so long as many kids aren't mature by that time I'm more concerned with being fair to them than I am with being fair to an adult who, it has been determined, has had sex with the kid. If you can outline a system that addresses both of our concerns I'd be interested in seeing it, but I'm not interested in scientific studies about harm in sexual abuse. I don't think there's substantial disagreement between us about that point, I think our argument is over the AOC laws. "I think younger workers first of all, younger workers have been promised benefits the government promises that have been promised, benefits that we can't keep. That's just the way it is." George W. Bush, May 4, 2005
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berberry Inactive Member |
holmes writes me:
quote: I always said he'd get the fairest trial money could buy. I can't blame the jury for what they did since they were charged with only trying this one specific case, which the prosecution clearly didn't prove. My biggest problem with this whole farce of a trial is that I think MJ got special treatment, not just fair treatment. Any ordinary person would never have been allowed to be late for court, what?, four times - each time being sternly admonished that no more tardiness would be tolerated by the court - without ever once being thrown in jail. That fact alone says nothing about his guilt or innocence, but it says quite loudly and quite clearly that MJ GOT SPECIAL TREATMENT BECAUSE HE'S MJ. My prediction (not based on science, mind you, just my own hunch) is that MJ will do this again. He will be charged again, but then what kind of mother would allow her son to spend the night with MJ? A mother who no jury will ever believe, of course, so MJ is immune to prosecution. He can and will be charged, but he'll never be prosecuted. "I think younger workers first of all, younger workers have been promised benefits the government promises that have been promised, benefits that we can't keep. That's just the way it is." George W. Bush, May 4, 2005
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Silent H Member (Idle past 5847 days) Posts: 7405 From: satellite of love Joined: |
Thanks for the insight into another way of handling the press. I think its interesting that in the Netherlands they do not allow the press to use the full name of any person arrested or going to court (in the Netherlands that is).
Thus while the rest of the world was reporting the actual name of the murderer of Theo V Gogh, no one in Holland could legally print it. holmes "...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
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Silent H Member (Idle past 5847 days) Posts: 7405 From: satellite of love Joined: |
I somehow missed this last post of yours at the time,
I was not trying to reopen this other subject at all, I just wanted to address the OP which was whether he got a fair trial given that it was now at an end and it can be discussed from a 20/20 perspective. But I guess I'll make things clear regarding my position, and if you have any issues you can open a whole new thread for it.
Under your system (again, if I recall correctly), if an adult had sex with a 12-year-old the state would be unable to prosecute any crime on its own, but the kid would be able to bring charges against the adult. The kid would have to prove that harm had been caused by the sexual encounter, not simply prove that sexual contact occurred, in order to prosecute the adult. This is completely incorrect. As it stands I have not fully detailed "my system", but have suggested some minimal practical/logical standards. I do believe the state can be involved as the one running the case. I do not believe charges should be brought (by the state) until there is someone making a complaint. Given that evidence shows that a child's interpretation of a sexual event as negative or forced can be correlated with harm, my "suggested" system would actually have an equal or lower (in som cases) threshold of evidence for harm than currently exists for general rape cases. All a child would have to do is say that they felt the sex was forced on them or had hurt them. Of course this is just the minimal scenario and I believe in other plausible additions where even that criteria is not required and so a broader scope is involved.
I'm with you there, but without AOC laws I can't see how it would be possible to try cases without requiring too much of the young victims. But this is all your problem and not mine. I have presented evidence which states how it can be done with minimal attendance of any youths. I cannot help that you have not gone to look at the evidence and suggestions (you said it would be too tough on you psychologically). Indeed the fact that many youths are victimized by the courts, not to mention adults, because of AOC laws should be enough for you not to support them, if indeed your concern is for the youths. Right now they are being treated just like gays were back when being gay was considered a crime and a psychological disturbance. I cannot see how that is a desirable thing, much less worth the payoff.
It's not surprising to me that some kids are pretty much sexually mature by the time they're through with puberty, but so long as many kids aren't mature by that time I'm more concerned with being fair to them than I am with being fair to an adult who, it has been determined, has had sex with the kid. 1) Maturity has nothing to do with harm from sex. 2) AOC laws make children the bad guys just as much as the adults. Saying one is punishing the adult and not the child in an adult-child sexual situation is like claiming it is possible to punish homosexuality without punishing the homosexual. The child is in the situation and if it is a crime then the child is part of a criminal act, and made to suffer psychologically. I am still baffled how making an act inherently criminal due to an arbitrary concept such as age (when science shows it is not an inherent causative factor), and so preventing them from acting as they might wish to, is being fair to kids.
I'm not interested in scientific studies about harm in sexual abuse. Without this kind of data, arguments about AOC laws are pointless. Here is one proposed system sans AOC: 1) Rape is allowed a lower threshold of evidence when a minor is involved such that a child may merely state that it was a hurtful and unwanted experience (usually through force), or in the case where a child cannot testify (for physical/psych reasons) then evidence of certain physical/psychological problems manifested after the event. It is also given a longer statute of limitations when the victim is a child. This removes the possibility of putting the child on trial as happens in other rape cases. 2) There can also be new laws in place to guard parental rights, such that up to a certain age parents may file charges with the state if there is unwanted sexual activity with their children. Again this removes the child from having to be any part of the proceeding except to prove that an act did occur. And in this case a child's desire is not even part of the issue, because parents should be protected from having people trying to seduce their kids into a different lifestyle. I might note with some irony that the MJ case has shown how AOCs don't do jack, and has allowed people to prey on adults and children alike. They don't PREVENT anything, they only label all acts (and so children and adults alike) as criminal. holmes "...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
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Silent H Member (Idle past 5847 days) Posts: 7405 From: satellite of love Joined: |
I can't blame the jury for what they did since they were charged with only trying this one specific case, which the prosecution clearly didn't prove. Are you trying to imply he would have been found guilty of any of the other crimes he was alleged to have commited? IMO one of the bad decisions that was made in this trial was to allow almost all (if not all) the other cases to be used to do a character assassination job. None of them seemed to hold much water either. In any case, such bad decisions were actually against MJ, not for him. That he might have been able to get away with late arrivals at court seems paltry when what is actually underdiscussion are things which may have affected a decision of guilt or innocence. The latter kind were not really to be found on his side.
My prediction (not based on science, mind you, just my own hunch) is that MJ will do this again. He will be charged again, but then what kind of mother would allow her son to spend the night with MJ? A mother who no jury will ever believe, of course, so MJ is immune to prosecution. He can and will be charged, but he'll never be prosecuted. Its kind of sad to see you so vindictive. I mean "he will do this again"? What will he do again? He was just shown to be innocent, and I think that was pretty clear. Why do you feel such hostility to a guy that was cleared on all counts, had past cases pretty well excused during this trial (his supposed "victims" coming to his defense), and not one case of anyone showing they ever got hurt by him? holmes "...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
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berberry Inactive Member |
holmes writes me:
quote: I'm not so much implying as I am recognizing what several of the jurors have said, that testimony about earlier incidents was far more credible but that they were charged with considering only this specific case. If you're talking about the other charges in this case, like the conspiracy, then no, I don't think that charge ever had a chance.
quote: I had thought the same thing, but the jurors seem to be saying otherwise.
quote: This also clashes with what jurors are saying. They are at pains to make a distinction between 'innocent' and 'not guilty'.
quote: I must conclude that your isolation from the US press has made it difficult for you to hear what the jurors have been saying. They're saying that they believed MJ to be a child molestor, that they are satisfied that he was guilty on some of the previous cases, but that in this specific case the evidence wasn't there. "I think younger workers first of all, younger workers have been promised benefits the government promises that have been promised, benefits that we can't keep. That's just the way it is." George W. Bush, May 4, 2005
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Silent H Member (Idle past 5847 days) Posts: 7405 From: satellite of love Joined: |
that testimony about earlier incidents was far more credible but that they were charged with considering only this specific case. That is what some of the jurors have said, but I found nothing credible about them myself. That's the wonders of putting in evidence that really cannot be fully examined, it makes it more credible than the case on trial which can be fully examined. My guess is while they may have seemed more credible to some of the jurors, that did not make them credible enough to have made it through their own trials. Much of the jurors comments which you appear to be giving a bit more credit than they deserve, seem to be based on "common sense" reasonings that he must have done something to someone at some point because he is a grown man who likes to sleep with kids.
This also clashes with what jurors are saying. They are at pains to make a distinction between 'innocent' and 'not guilty'. And here you extend the argument further. You really have it in for this guy. Look, they found him innocent of the charges in this case, that means INNOCENT of the charges in this case. They believe he might have done something with someone at sometime somewhere, but not this case.
They're saying that they believed MJ to be a child molestor, that they are satisfied that he was guilty on some of the previous cases, but that in this specific case the evidence wasn't there. Yes, I am not hearing this drastic of commentary. I have read that a juror believes he "probably has", not that he has, molested boys, and that coming from the greater credibility of the cases mentioned (but not actually on trial and so not completely exmained by the defense), and his incredulity that a guy can sleep with kids and not molest them. This latter sentiment was echoed by another juror. This is one of the reasons that the judge was errant to allow in the other cases at this trial. It suddenly put the defendant in a position to have to defend himself against multiple accusations which are not pertinent to the facts of the trial he was currently in. To accurately defend against all of them could have backfired in putting too much emphasis on the other cases, or alienating the jury with too much info. That was of course part of the prosecuting strategy. I care very little about what the jurors have to say about cases they were not fully informed about. From what I saw (if I were a juror) I would not consider them indications of anything, much less that he would have been found guilty in those other cases, as they were very weak as is. Sure they were better than the current case, but my walking in and saying MJ raped me would probably have more credibility than the case that was just tried. holmes "...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
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berberry Inactive Member |
holmes writes me:
quote: No, I'm convinced he's guilty. He's in his 40s. He sleeps with little boys but never little girls. The little boys are always 11 or 12 years old - never 7 or 8, never 15 or 16, but always 11 or 12. They are always white, never black. And they always come from dysfunctional families. I don't think that all these facts are random coincidences as you seem to. This may be no more than circumstantial evidence, but it's overwhelming. It was, after all, circumstantial evidence that convicted Scott Peterson, who of course wasn't a celebrity. If you had an 11 year-old son would you allow him to spend the night with MJ?
quote: No, they found him NOT GUILTY. There's a difference.
quote: It showed a pattern, which is exactly what any ordinary Joe would have had to defend against. I'd be willing to consider that this practice might ought to be changed, but so long as any other defendant would have to deal with evidence of past acts MJ should have to deal with it as well. The defense sure wasn't shy about showing a pattern of behavior by this boy's mother. She didn't have anything to do with MJ's guilt or innocence, yet the defense didn't hesitate to bring in irrelevent information about her past actions. Why should they be allowed to do that if the prosecution shouldn't be allowed to bring in information about the past actions of MJ? MJ is a celebrity with lots of celebrity friends, some of whom testified for him and many more of whom sat in the courtroom where the jurors could see them. Since he is a celebrity, he wasn't subjected to the same standards that an ordinary Joe would be subjected to. The star-struck judge in this case saw to it that MJ got special treatment commensurate with his celebrity. There was no set time for court to resume session each day; rather the court simply resumed at whatever time MJ chose to show up. He was allowed to testify in his own defense without being subject to cross, which no ordinary Joe would ever have been allowed to do. No one but a celebrity would have been treated like royalty by the court as MJ was. "I think younger workers first of all, younger workers have been promised benefits the government promises that have been promised, benefits that we can't keep. That's just the way it is." George W. Bush, May 4, 2005
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1.61803 Member (Idle past 1532 days) Posts: 2928 From: Lone Star State USA Joined: |
Comment from Jon Stewart on his show:
"Micheal Jackson was found not guilty on all charges, is America saying, 'so you wanna sleep with little boys? Ok.' "
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Silent H Member (Idle past 5847 days) Posts: 7405 From: satellite of love Joined: |
And they always come from dysfunctional families. I don't think that all these facts are random coincidences as you seem to. Please point to where in anything I have ever said anywhere about MJ that I thought his choice of sleeping partners were "random coincidences". He may have a very specific choice of what kind of kid he wants to sleep with. Maybe it even has to do with a sexual interest, but specificity does not indicate that whatsoever. The fact that he mainly deals with kids in need often means he is dealing with dysfunctional families... go figure. Though it might be pointed out he was hanging out with child stars as well, and unless you are calling their families dysfunctional (which is a bit of a stretch) you are being arbitrary in your choices. But let's get back to who and why he chooses to sleep with kids. We do not know why and therefore what reasoning may go into his selection. Let's say it is a sexual desire. That itself does not indicate that he goes any farther. Maybe that's his way of handling pedophilic desires stemming from a loss of childhood sexuality due to his stardom: he reenacts what he views as "sleepovers" common to most kids where he can be close to kids and imagine himself having the experiences he wanted, or as close as he can get. Is there something wrong with that? Is the line having sex with kids? or wanting to have sex with kids? Or repressed desire to have sex with kids?
This may be no more than circumstantial evidence, but it's overwhelming. It was, after all, circumstantial evidence that convicted Scott Peterson, who of course wasn't a celebrity. It is less than credible circumstantial evidence. Why don't you just admit you know nothing about this man or how he lives, except what the tabloid press has been churning out, and this rather obvious extortionist family and a zealous lawyer slapped together for a court case? What you have is multiple allegations, many of which have been thrown away even by the purported victims (which should speak volumes itself), and an admitted behavior which you do not understand and suggests a lifestyle which you hate. Frankly I don't personally understand his desire for sleeping with kids, but having read a bit of psychological cases, there are many things I do not understand and do not mean people cross the legal line... even if their actions are driven by a desire to cross the line. How do you KNOW this is simply not cathartic compensation?
If you had an 11 year-old son would you allow him to spend the night with MJ? Yes and no. I don't know MJ so it's unlikely I would. If for some reason my kid ended up befriending MJ and then asked to stay at his house, yes I would let him. That is of course a hypothetical. At this point there is no way I would on the off chance that my kid would end up getting pulled into some sort of legal fiasco like this. For all of your stated care about kids, how many were psychologically and socially abused in the course of this trial by adults other than MJ? I would say at least two, and worse than any possible harm that would have come from the activities described by those kids.
No, they found him NOT GUILTY. There's a difference. Get your head on straight. They found him innocent of the charges in this case. They questioned his innocence of being a child molester in general, but not regarding this particular case. That is exactly why I am sort of disgusted with your pursuit of MJ. They did say this had no merit but saw, based on the peeks they got at other cases, that the other ones might have had merit. You are jumping from that to say of course he was guilty of the other ones and so they are saying he was really guilty of this one too, just not necessarily provable. Why can't you leave this guy alone?
It showed a pattern, which is exactly what any ordinary Joe would have had to defend against. I'd be willing to consider that this practice might ought to be changed, but so long as any other defendant would have to deal with evidence of past acts MJ should have to deal with it as well. You are WRONG. I guess in California they now allow that kind of thing, but it is a bad law and in this case was used out of context. At a trial you used to be, and in some states still are, supposed to face evidence about your current case alone. There can be some evidence brought in establishing character, but there are limits. In any case, California law or no, when you have principle actors denying the very outside cases the prosecution is bringing in, that is simply ridiculous. It forces the defence into having to contend with unreasonable amounts of charges that have no basis. It raises doubt despite no credibility. Again, I doubt you would find it fair that a prosecutor could haul in 25 separate allegations that you are a car thief, during your trial on stealing a car which has essentially no evidence, even if you could provide witnesses for all 25 of those which deny your involvement in them. It raises doubt, where there shouldn't be any and are tangential to the case.
The defense sure wasn't shy about showing a pattern of behavior by this boy's mother. She didn't have anything to do with MJ's guilt or innocence, yet the defense didn't hesitate to bring in irrelevent information about her past actions. Uhhhh... that was highly pertinent. The defence was that their mother was using her kids for fame, money, whatever... including similar scams as this one. That was highly pertinent to their defense of THIS PARTICULAR CASE. What they were unable to pursue was the same level of questioning on those other cases.
MJ is a celebrity with lots of celebrity friends, some of whom testified for him and many more of whom sat in the courtroom where the jurors could see them. If you had a trial, would your friends show up? If you were a celebrity would you tell them they shouldn't, because naturally many of them are celebrities? Should we change laws barring celebrities from having their friends and family attend a trial? I like how you are continuing to shift your reasoning around. Did the jurors state that they were affected by the celebrities in the courtroom? No. Then I guess they weren't, right? You are picking and choosing in a very concrete way, not a random coincidence, to achieve a preset conclusion. I said I did not know at the outset, and at the end (having seen the evidence) the guy was pretty clearly not guilty as there was no case here. You have entered saying he was and wouldn't get a fair trial and now are twisting any way you can to make a not guilty verdict be an indictment of him and the trial.
Since he is a celebrity, he wasn't subjected to the same standards that an ordinary Joe would be subjected to. An ordinary Joe could have his friends and family come in to court, even if one happened to be a celebrity. Why are you denying this to MJ, just because he is a star? Can't you see that you are the one asking for a separate set of standards?
The star-struck judge in this case saw to it that MJ got special treatment commensurate with his celebrity. You keep citing these minute procedural differences that had little bearing on the jurors and what they could deliberate on. I would not doubt that this judge was starstruck. If he had not been its likely he'd have thrown the case out on its ear, and not allowed it to be lengthened by useless extra information, as he did. He got his 15+ minutes of fame. I don't see what the judge did that gave MJ an unfair review of the case against him... that is that the judge created a court review biased in his favor... do you? holmes "...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)
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CK Member (Idle past 4155 days) Posts: 3221 Joined: |
In regards to Juries and the system we have here in the UK:
quote: This is reinforced by the Contempt of Court Act 1981 which states that
quote: Now the "in the course of" may led you to conclude that this restriction is during the case. It's not - it extends afterwards as well. Thus in the case of M.Jackson, none of the jurors would be making ANY statements or chatshow appearances to outline their views or feelings on any aspect of the case. This does not mean that the actions of the Jurors are beyond reapproach:
quote: http://www.parliament.the-stationery-office.co.uk/...n-2.htm This message has been edited by Charles Knight, 16-Jun-2005 06:12 AM This message has been edited by Charles Knight, 16-Jun-2005 06:12 AM
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