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A blog devoted to law, politics, philosophy, & life. Nothing in this blog is to be construed as legal advice.
Friday, April 09, 2004
Tuesday, April 06, 2004
Real rape
The story below shows how disgracefully our criminal justice system treats victims of false accusations of rape. Whoever was falsely accused most likely:
1. Was booked into jail where he faced being raped himself
2. Must disclose in his application for any government job that he was arrested
3. Must disclose to any State Bar he applies to that he was arrested
4. Paid thousands of dollars in legal fees
5. Lived his life in daily fear because, if convicted, he would:
a. have been raped almost daily in prison (sex offenders are the most at-risk prisoners),
b. had to register as a sex offender,
c. had his face posted on the internet for all to see.
The defendant will have his arrest record follow him for the rest of his life. But, acording to the below news report, the woman who sought to ruin his life because she (IMHO) got drunk, had sex, and felt regret...gets probation because she sent her friends to beat the defendant up - NOT because she filed a false report!
Can anyone disagree with Kobe's defense tactics? False accusations of rape happen every day. But women's activist groups seek to shackle the defense. Imagine if the defendant in this case had been convicted? Who is the real victim here?
A 22-year old woman who falsely accused a man of drugging and raping her receives two years probation.
Kristy Holden told police 24-year old David Mills raped her last June.
Friday in a Wake County Courtroom, Holden changed her story and admitted the sex was consensual.
When Holden told one of her friends Mills raped her, a group of men retaliated by beating up Mills.
Seven of the eight attackers are also on probation.
Holden was convicted of conspiracy and being an accessory to the crime.
Story via CrimLaw.
The story below shows how disgracefully our criminal justice system treats victims of false accusations of rape. Whoever was falsely accused most likely:
1. Was booked into jail where he faced being raped himself
2. Must disclose in his application for any government job that he was arrested
3. Must disclose to any State Bar he applies to that he was arrested
4. Paid thousands of dollars in legal fees
5. Lived his life in daily fear because, if convicted, he would:
a. have been raped almost daily in prison (sex offenders are the most at-risk prisoners),
b. had to register as a sex offender,
c. had his face posted on the internet for all to see.
The defendant will have his arrest record follow him for the rest of his life. But, acording to the below news report, the woman who sought to ruin his life because she (IMHO) got drunk, had sex, and felt regret...gets probation because she sent her friends to beat the defendant up - NOT because she filed a false report!
Can anyone disagree with Kobe's defense tactics? False accusations of rape happen every day. But women's activist groups seek to shackle the defense. Imagine if the defendant in this case had been convicted? Who is the real victim here?
A 22-year old woman who falsely accused a man of drugging and raping her receives two years probation.
Kristy Holden told police 24-year old David Mills raped her last June.
Friday in a Wake County Courtroom, Holden changed her story and admitted the sex was consensual.
When Holden told one of her friends Mills raped her, a group of men retaliated by beating up Mills.
Seven of the eight attackers are also on probation.
Holden was convicted of conspiracy and being an accessory to the crime.
Story via CrimLaw.
Bad news...Illinois v. Caballes
It is always bad news when the Supreme Court grants cert. in a Fourth Amendment case where the lower court sided with the private citizen.
Illinois v. Caballes asks whether an officer can detain a private citizen while a police officer uses a drug dog to search his car for contraband.
Via Goldstein & Howe.
It is always bad news when the Supreme Court grants cert. in a Fourth Amendment case where the lower court sided with the private citizen.
Illinois v. Caballes asks whether an officer can detain a private citizen while a police officer uses a drug dog to search his car for contraband.
Via Goldstein & Howe.
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