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Author Topic:   fair trial?
Silent H
Member (Idle past 5847 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 121 of 137 (217340)
06-16-2005 7:29 AM
Reply to: Message 120 by CK
06-16-2005 6:06 AM


Re: Conclusion: Yes
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 makes sense for so many reasons, not the least of which doing jury duty is not supposed to be something for profit and fame.
I love that one of the things I heard was that the jurors wanted to retire into anonymity as they had come, and now I am hearing them stepping into the limelight.
where some jurors in their hotel room conducted a session with an ouija board and purported to consult a deceased.
I'm wondering how long it will be before that is allowed in trials when physical evidence is not enough and we have accepted the "new" definition of science so that broader scopes of evidence are considered forensic "science"?
Then we may look forward to ouija board experts disputing testimony from the crystal ball expert.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 120 by CK, posted 06-16-2005 6:06 AM CK has not replied

  
Silent H
Member (Idle past 5847 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 122 of 137 (217341)
06-16-2005 7:33 AM
Reply to: Message 118 by 1.61803
06-15-2005 4:42 PM


Re: Conclusion: Yes
Comment from Jon Stewart on his show:
Yeah I guess that was about as funny as his comment...
"Michael Jackson being allowed to kiss Presley on national TV, is America saying, 'so you blacks wanna kiss white girls? Ok.' "

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 118 by 1.61803, posted 06-15-2005 4:42 PM 1.61803 has not replied

Replies to this message:
 Message 123 by CK, posted 06-16-2005 8:37 AM Silent H has replied

  
CK
Member (Idle past 4155 days)
Posts: 3221
Joined: 07-04-2004


Message 123 of 137 (217345)
06-16-2005 8:37 AM
Reply to: Message 122 by Silent H
06-16-2005 7:33 AM


Re: Conclusion: Yes
This is a really good example of the different in coverage that is allowed - one section in particular (He's guilty really!):
http://download.ifilm.com/qt/portal/2672935_300.mov
(It's from the conan O'Brien show - contains strong language and comments that people many find offensive)
Such a display would led the broadcaster into a very sticky mess with the standards committee.

This message is a reply to:
 Message 122 by Silent H, posted 06-16-2005 7:33 AM Silent H has replied

Replies to this message:
 Message 124 by Silent H, posted 06-16-2005 11:42 AM CK has not replied

  
Silent H
Member (Idle past 5847 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 124 of 137 (217374)
06-16-2005 11:42 AM
Reply to: Message 123 by CK
06-16-2005 8:37 AM


Re: Conclusion: Yes
As much as I dislike insult dog in specific (personally it just seems stupid), and slander in general, I still have a pretty easy going sense of humor.
I did get a chuckle out of: "On a scale of one to ten, how old is MJ's boyfriend?", and "boys pants are half off".
I'm not sure if I'd be happy that a gov't could stop such material, but have to admit I'd think people should be able to be protected (at least to sue insult dog) from some of the accusations within. There's a difference between satire and actually accusing someone of doing something, and this seemed to cross the line in parts.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 123 by CK, posted 06-16-2005 8:37 AM CK has not replied

  
EZscience
Member (Idle past 5181 days)
Posts: 961
From: A wheatfield in Kansas
Joined: 04-14-2005


Message 125 of 137 (217414)
06-16-2005 1:44 PM


The intrinsic judicial weakness is the jury itself.
Without belaboring all the particulars of this case, and whether the decision was justified simply because of the weakness of the prosecution, it does strike me as strangely consistent with a lot of other cases where Hollywood celebrities have been exonerated from some very serious charges. OJ Simpson, Berretta (whatever his name was), and a number of others I can't remember now. The OJ case was probably the most blatant miscarriage of justice.
What it underlined to me was the primary weakness of the American judicial system - the jury selection process. You pick a bunch of joes out of the phonebook (or drivers licence records), systematically eliminate anyone who might have any knowledge of the case (that takes out a lot of people when you are trying a celebrity) and what you are left with a lot of the time is a bunch of incompetent nitwits who can't come up with a good enough reason to be excused from duty. Not that I could propose a better system, but I've just seen so many obviously bad jury decisions, especially relating to financial restitutions etc.

Replies to this message:
 Message 126 by Silent H, posted 06-16-2005 2:19 PM EZscience has replied

  
Silent H
Member (Idle past 5847 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 126 of 137 (217423)
06-16-2005 2:19 PM
Reply to: Message 125 by EZscience
06-16-2005 1:44 PM


Re: The intrinsic judicial weakness is the jury itself.
The OJ case was probably the most blatant miscarriage of justice.
While I agree with that particular assessment, I know nothing about the "Beretta" trial so I'm not sure if it supports your thesis, and I wholly disagree that this trial supports it.
These people really didn't seem that stupid... the prosecution's case was horribly lacking.
That said, I am interested in alternate systems of justice and wonder about trials by professional judges (which is what we have here in the Netherlands). It may be that we can do away with the juries altogether and still have some justice.
Then again, maybe it is better to always have the out of a jury system. I do agree the selection process needs work. I don't see how ignorance necessarily implies one will be just in one's verdict, and perhaps (given todays media saturated society) could be a sign of weakness of faculty. And the idea of having the attorney's attempt to pack juries in their favour is pretty bad.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 125 by EZscience, posted 06-16-2005 1:44 PM EZscience has replied

Replies to this message:
 Message 127 by EZscience, posted 06-16-2005 2:31 PM Silent H has not replied

  
EZscience
Member (Idle past 5181 days)
Posts: 961
From: A wheatfield in Kansas
Joined: 04-14-2005


Message 127 of 137 (217425)
06-16-2005 2:31 PM
Reply to: Message 126 by Silent H
06-16-2005 2:19 PM


Context - Robert Blake
The guy who played Beretta was Robert Blake.
I found this article right off:
An excerpt:
"If the jury allows Michael Jackson to get off, so to speak, he will be the second rich, white celebrity to escape damning criminal charges in as many months ' the other being Robert Blake.
Even though the charges are very different, the parallels between the two defense strategies are striking. In both cases the defense has managed to take the worst aspects of a rape trial and apply it to murder and child molestation charges. Female accusers are virginal Madonnas or they're crazy sluts who get what they deserve....
Robert Blake's defense can be summed up in five words: The bitch had it coming. "

This message is a reply to:
 Message 126 by Silent H, posted 06-16-2005 2:19 PM Silent H has not replied

Replies to this message:
 Message 128 by CK, posted 06-16-2005 2:36 PM EZscience has replied

  
CK
Member (Idle past 4155 days)
Posts: 3221
Joined: 07-04-2004


Message 128 of 137 (217426)
06-16-2005 2:36 PM
Reply to: Message 127 by EZscience
06-16-2005 2:31 PM


Re: Context - Robert Blake
quote:
he will be the second rich, white celebrity
Surely shome mistoke?

This message is a reply to:
 Message 127 by EZscience, posted 06-16-2005 2:31 PM EZscience has replied

Replies to this message:
 Message 129 by EZscience, posted 06-16-2005 2:42 PM CK has not replied

  
EZscience
Member (Idle past 5181 days)
Posts: 961
From: A wheatfield in Kansas
Joined: 04-14-2005


Message 129 of 137 (217429)
06-16-2005 2:42 PM
Reply to: Message 128 by CK
06-16-2005 2:36 PM


Chuckles...
Well, it might be an easy mistake to make at this point
but good to see someone is reading carefully - I missed that.

This message is a reply to:
 Message 128 by CK, posted 06-16-2005 2:36 PM CK has not replied

Replies to this message:
 Message 130 by Silent H, posted 06-16-2005 3:43 PM EZscience has replied

  
Silent H
Member (Idle past 5847 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 130 of 137 (217443)
06-16-2005 3:43 PM
Reply to: Message 129 by EZscience
06-16-2005 2:42 PM


Re: Chuckles...
but good to see someone is reading carefully - I missed that.
Did you read the rest of it? What a bunch of gossipy shit. I mean these were just wonderful...
Blake supporter and Hollywood 'celebrity' turned full-time terrorist apologist Casey Kasem allowed the former Beretta star to live at his Malibu pad for the duration of the trial. In an interesting bit of irony, the same guy who wanted John Kerry to be president was willing to burn Bonny Lee Bakley at the stake for living off another man's money. But to Bonnie Lee Bakley's credit, at least the men she swindled received some nudie pictures of her in return. Kerry just had sex with their wives and Now, Bakley is still dead and Blake says he's looking for work
No one in their right mind would let their children sleep anywhere near that freak, let alone sleep in the same bed. Besides, any man who dyes his child's hair blonde because it reminds him of McCauley Culkin has some serious gall to question anyone's mental stability. People who live in glass mental institutions shouldn't throw stones.
And that's not to mention he started with...
legal analysts and courtroom observers seem to universally agree on two points: 1) He's guilty and 2) won't get convicted.
I didn't see or hear that... and universal too? Right.
I didn't pay a penny for this guy's thoughts, and I still feel cheated. I hope this wasn't a serious citation.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 129 by EZscience, posted 06-16-2005 2:42 PM EZscience has replied

Replies to this message:
 Message 131 by EZscience, posted 06-16-2005 3:55 PM Silent H has not replied

  
EZscience
Member (Idle past 5181 days)
Posts: 961
From: A wheatfield in Kansas
Joined: 04-14-2005


Message 131 of 137 (217445)
06-16-2005 3:55 PM
Reply to: Message 130 by Silent H
06-16-2005 3:43 PM


Re: Chuckles...
holmes writes:
I hope this wasn't a serious citation.
Nope. Just the first article that came up on Google.
It certainly is a pile of crap, but the Blake trial has been bandied about a lot recently as another miscarriage of justice due to the supposed influence of celebrity status on a jury.

This message is a reply to:
 Message 130 by Silent H, posted 06-16-2005 3:43 PM Silent H has not replied

  
berberry
Inactive Member


Message 132 of 137 (217465)
06-16-2005 7:24 PM
Reply to: Message 119 by Silent H
06-16-2005 5:00 AM


Re: Conclusion: Yes
holmes writes me:
quote:
Please point to where in anything I have ever said anywhere about MJ that I thought his choice of sleeping partners were "random coincidences".
I wasn't saying you did, I was saying you seem to.
quote:
Is the line having sex with kids? or wanting to have sex with kids? Or repressed desire to have sex with kids?
Having sex with kids would be over the line in my opinion. I'd draw the line at sleeping with them.
quote:
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?
This "extortionist" family hasn't filed any sort of civil action against MJ, so you can't make the case that they were trying to extort anything from him. But why is the family's extorionist past relevant, especially if MJ's previous behavior isn't relevant?
quote:
How do you KNOW this is simply not cathartic compensation?
I don't, just like I don't know whether or not Scott Peterson murdered his wife. I'm comfortable with the jury verdict against him, though.
You might be under a bit of a misapprehension so if I may clear it up: I'm also comfortable with the MJ jury verdict of not guilty. Had I been sitting on that jury, I think I'd have voted not guilty. The state didn't prove its case. I still believe MJ is guilty, but I'm not so narcissistic that I, had I been on the jury, would have voted based on my belief and not on the evidence.
However, because I believe MJ guilty I am convinced that he will molest again, he will be arrested and tried again, but for various reasons which may or may not have to do with his celebrity he will be found not guilty again.
On the issue of his celebrity, I believe it gets him special treatment by the court, but I don't believe it gets him a not guilty verdict. Under some circumstances it might - particulary in a case like this where a number of recognizable celebrities were in the court every day - influence the jury, but I don't think that MJ's celebrity had an undue influence on this jury. It wouldn't have much mattered anyway, since like I said the state didn't prove its case.
quote:
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.
Is there a better way to prosecute child rapists? Would you just throw them in jail without the right to face their accusors?
If the kid was harmed by having sex with MJ (or anyone, for that matter), is there any way to prosecute MJ other than a trial at which the kid will necessarily be abused again (and I agree with you on this point, it is abuse) by prosecutors and attorneys?
quote:
Get your head on straight. They found him innocent of the charges in this case.
I'm afraid you're the one who's not thinking clearly. Show me the word 'innocent' in this verdict. The jury said 'not guilty'; they didn't say 'innocent'. MJ was NOT found innocent. End of story!
quote:
You are WRONG.
No I'm not, as you yourself seem to agree when you continue:
quote:
I guess in California they now allow that kind of thing, but it is a bad law...
That may be, but in this sort of case if the accusor's past is relevant then so should be the accused's past.
quote:
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?
You're completely misunderstanding me, holmes. I wouldn't deny MJ the right to have his friends come to court. I'm simply recognizing that the fact that these particular friends are celebrities might have some influence on the jury. It doesn't appear to have affected this jury and I'm glad of that.
All I'm saying is that from the very start there were a number of built-in advantages for MJ that are directly related to his celebrity. There's nothing wrong with recognizing that. It's an important point.
quote:
You keep citing these minute procedural differences that had little bearing on the jurors and what they could deliberate on.
I'm upset that MJ was allowed to come to court at whatever time he pleased. No non-celebrity would have been allowed to do that; he shouldn't have been allowed to either. But this goes to a point much larger than the MJ trial (and for another thread I think), and that is our criminal justice system itself. I don't think it's fair to the average Joe at all. The MJ case simply illustrates the point.

"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

This message is a reply to:
 Message 119 by Silent H, posted 06-16-2005 5:00 AM Silent H has replied

Replies to this message:
 Message 133 by Silent H, posted 06-17-2005 5:13 AM berberry has replied

  
Silent H
Member (Idle past 5847 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 133 of 137 (217556)
06-17-2005 5:13 AM
Reply to: Message 132 by berberry
06-16-2005 7:24 PM


Re: Conclusion: Yes
I wasn't saying you did, I was saying you seem to.
Oh, my mistake. Just so you know I am not saying it has to be random coincidence, and indeed may have a sexual angle to it.
Having sex with kids would be over the line in my opinion. I'd draw the line at sleeping with them.
I'm sorry but I actually don't understand, do you mean draw the line such that adults cannot sleep (even with no sexual contact) with children, or that you draw the line such that adults can?
I'm not really interested in what you opinion is on whether having sex with kids is over the line as you continually refuse to state criteria for this or examine evidence on the topic, simply restating your premise... and thus show yourself to be as bigoted as any antigay person.
The only reason I am interested in the sleeping part as that would move on to affect many people. Are you suggesting creating a law to forbid adults and children from sharing beds?
This "extortionist" family hasn't filed any sort of civil action against MJ, so you can't make the case that they were trying to extort anything from him. But why is the family's extorionist past relevant, especially if MJ's previous behavior isn't relevant?
You have to be clear about this, I'd say MJ's past could be relevant if it at least could be substantiated to some degree. In this case you have the alleged victims defending him. Things like that should never have made it to the court.
As far as the family goes, they are the accusers and have a pattern of interacting with celebrities and others in quite the same manner. In a court you are innocent until proven guilty of a specific crime. You may throw doubt on the validity of your accusers by showing repeated fallacious or irrational activity, but one cannot (or should not) be able to throw "guilt" on a defendent based on other crimes, or alleged crimes.
I'm not sure why this does not make sense to you. Even if he had been known and convicted of multiple child rapes, that would not make this case any more real. If one has the evidence, then the other cases are irrelevent. When an accuser is using a hesaid/shesaid prosecution, then their own credibility is of the essence, specifically if they have the past which was shown.
On the issue of his celebrity, I believe it gets him special treatment by the court, but I don't believe it gets him a not guilty verdict.
I agree.
If the kid was harmed by having sex with MJ (or anyone, for that matter), is there any way to prosecute MJ other than a trial at which the kid will necessarily be abused again (and I agree with you on this point, it is abuse) by prosecutors and attorneys?
That's just it. These kids were not raped by MJ, nor harmed by MJ. These kids were used by adults, and harmed by them, for there own purposes. Isn't that pretty clear at this point?
This is almost similar to those satanic and nursery school abuse cases of the 80-90's, except without the justification of a wholly mistaken field of pseudoscience backing them up.
I can still grant that MJ might like kids sexually and even act on it from time to time. This certainly did not seem to be a case of that.
I'm afraid you're the one who's not thinking clearly. Show me the word 'innocent' in this verdict. The jury said 'not guilty'; they didn't say 'innocent'. MJ was NOT found innocent. End of story!
Tell you what, I'll concede this point if you concede AOC laws and the laws MJ was just accused of violating are morals laws and in no way based on harm, indeed not even "rape". I believe I pointed out to you the exact wording of what he was being charged with and then you went mum.
That may be, but in this sort of case if the accusor's past is relevant then so should be the accused's past.
This should ring bells to you that something is wrong. This kind of stuff is considered unacceptable in other cases, but now allowed by a special law to be acceptable if the accused might have sex with children. If this had been true for cases against gays, wouldn't you agree that it was a wrong law and should be fought tooth and nail?
In any case, even if one were to accept the law in general, it should still have limits so as not to act as a way of loading on blame that will overtax the defense. There were issues here that simply were not credible as accusations or suggestions about his character. As such they should not have been allowed in.
You realize that the defendent has to pay lots of people to dig in to each and every case, and then make decisions of how much to defend against other cases so as not to lose sight of the current trial? You put the defendent at risk, both financial and personal by allowing this.
I might add that it is sort of against the spirit of the Constitution and not being tried twice for the same crime. This is an obvious circumvention of that RIGHT.
All I'm saying is that from the very start there were a number of built-in advantages for MJ that are directly related to his celebrity. There's nothing wrong with recognizing that. It's an important point.
It makes such trials different, but I'm very skeptical about how important a point it is. If anything it seems to be a self-fulfilling prophecy. People expect it and so create it.
If this had been some average Joe, it is unlikely the charges would have seen trial, and it is further unlikely you would have cared to pursue watching it.
Once the fame was attached to it, everyone started acting differently. My only question is on how much it affected the verdict, based on looking at what happened at the trial. In this case it didn't seem to do much, and any negative effects were offset. Thus I cannot see complaining.
It should have worked as a vindication for the justice system, with perhaps a few pointers on how it could improve.
This message has been edited by holmes, 06-17-2005 05:14 AM

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 132 by berberry, posted 06-16-2005 7:24 PM berberry has replied

Replies to this message:
 Message 134 by berberry, posted 06-18-2005 9:05 AM Silent H has replied
 Message 136 by berberry, posted 06-21-2005 6:59 PM Silent H has replied

  
berberry
Inactive Member


Message 134 of 137 (217831)
06-18-2005 9:05 AM
Reply to: Message 133 by Silent H
06-17-2005 5:13 AM


Re: Conclusion: Yes
I'm going to have to get back to you on this later, holmes. I've hurt my back and the pain is severe. I'm taking some very potent pain medication and I'm having trouble grasping all of the points in your post. I need to take another look once my mind is back to normal.
I do object to you calling me a bigot. I was trying to keep the tone of this discussion more civil than some of our previous exchanges. I would appreciate it if you'd try to do the same and find a less pejorative way to make your points.

"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

This message is a reply to:
 Message 133 by Silent H, posted 06-17-2005 5:13 AM Silent H has replied

Replies to this message:
 Message 135 by Silent H, posted 06-18-2005 12:21 PM berberry has not replied

  
Silent H
Member (Idle past 5847 days)
Posts: 7405
From: satellite of love
Joined: 12-11-2002


Message 135 of 137 (217864)
06-18-2005 12:21 PM
Reply to: Message 134 by berberry
06-18-2005 9:05 AM


I've hurt my back and the pain is severe. I'm taking some very potent pain medication and I'm having trouble grasping all of the points in your post. I need to take another look once my mind is back to normal.
That sucks, hope you recover fast and well.
I do object to you calling me a bigot. I was trying to keep the tone of this discussion more civil than some of our previous exchanges.
While I am all for trying to keep things civil, there is a point where it is possible to call things like they are.
You say you dislike something and want it punished despite having no consistent criteria for a reason to punish that thing. You have also stated that you have no interest in looking at the state of scientific evidence on the subject or possible criteria because it would psychologically distress you.
I don't think it is pejorative to describe any person with the above position on any subject as a bigot. That is pretty well the working description.
If it makes you feel bad, then what can I say? It certainly won't be sorry because it is accurate and I hope the realization will motivate you to stop being one, investigate your position and the evidence to come to a better position.
If it makes you feel any better I believe everyone, including myself, are bigots about something. There certainly are behaviors or even ideas which I loathe and would love to restrict in some way. I just try and keep that in check by not getting into those subjects as my viewpoint is worthless... it is mere bigoted opinion.
I don't know if we have it within us to choose what we are bigots about. We can however realize when we are and withold our opinions to let other more rational people work out what to do... or confront the issue with the knowledge that we must allow those we loathe to continue to exist and act, just as we demand that same right from those that loathe us.

holmes
"...what a fool believes he sees, no wise man has the power to reason away.."(D. Bros)

This message is a reply to:
 Message 134 by berberry, posted 06-18-2005 9:05 AM berberry has not replied

  
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