Tuesday, January 8, 2008

[BDSM-LegalIssues] You did, didn't you, say the following, 'tongue in cheek', RIGHT? WAS: Re: New b

--- In BDSM-LegalIssues@yahoogroups.com, "cadenas_sd" <cadenas@...>
wrote:

> Very frequently based on a summons rather than an arrest.

Then that evidence would not have been available to me, and that
part of the argument becomes moot.

> The MANNER (and more importantly, the circumstances) of the arrest
can
> be evidence.

None of which arerelevant without the Fact being evidence.

>
> > Evertything is a factor in his conviction, including the phase
of
> > the moon.
>
> Congratulations, you just threw out the fourth Amendment.

No, I'm simply arguing that many things are actually considerd by
the jury and even by the judge who is more highly trained. Many more
things can influence a jury, and few of them are quantifiable. An
instruction by the judge offers a little protection, but the whole
conduct of a trial is an exercise in psychology. In the end no one,
perhaps most especially the jurors, can say what went into their
deliberations. It may be depressing that you were convicted by the
overcooked omlet a juror had for breakfast, but it may be the reason
for your long vacation at the Greybar Hotel.

> So you are allowed to fire somebody because it is unpleasant for
you
> to work with somebody who is black?
>
> And you are allowed to fire a woman because she increases your
risk;
> she might get pregnant?
>
> I'm glad you clarified Civil Rights according to Dennis.

Yes, provided I'm not firing him because he is black, or because she
is a woman. My reasons are not subject to examination. We do not
yet have Thought Police in this country. A pattern of
discrimination, in areas defined by law, may be argued, but bringing
racial discrimination into the argument is a red herring.

> You destroy somebody's life (a virtually guaranteed outcome) just
to -
> maybe as a remote possibility - save a couple bucks, or, as you
said
> earlier "it's my money you are playing with", and you don't call
that
> pawning off?

Don't get arrested.

Will you send your child into the care of the accused child rapist?
Will you bring him into your house to care for your daughter?

> If he was dead wood, why do you argue that you dismissed him
because
> of the arrest?

If I can't use him, your fault, my fault, his fault, then he's dead
wood.

- Dennis

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