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Topic: Anyone watching the hearings????? (Read 801 times) |
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floridian
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Re: Anyone watching the hearings?????
« Reply #25 on: Jan 14th, 2006, 7:55am » |
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on Jan 14th, 2006, 4:04am, burnt-toast wrote:
This is what happens when judges view "legal procedure" as more important than facts and the truth. It's not unusual.
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Exactly, Tom! Alito was also asked about the hypothetical situation of a man being wrongly accused and convicted murder. The man exhausts all appeals and no procedural errors were found, so the verdict stands.. Then new evidence was discovered that conclusively proves the man innocent. Alito said the man should NOT get a new trial because the system did its work correctly!! He's not the first judge more concerned with process than justice, but why do they keep promoting them??
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| « Last Edit: Jan 14th, 2006, 7:57am by floridian » |
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burnt-toast
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Re: Anyone watching the hearings?????
« Reply #26 on: Jan 14th, 2006, 11:59am » |
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on Jan 14th, 2006, 7:55am, floridian wrote:
Exactly, Tom! Alito was also asked about the hypothetical situation of a man being wrongly accused and convicted murder. The man exhausts all appeals and no procedural errors were found, so the verdict stands.. Then new evidence was discovered that conclusively proves the man innocent. Alito said the man should NOT get a new trial because the system did its work correctly!! He's not the first judge more concerned with process than justice, but why do they keep promoting them?? |
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The over emphasis on procedure and promotion of judges that lean towards procedure over truth and fact is a way make the process of justice so overly complicated that the average person can't persue justice.
The ole' we're important because no one can do this except us mentality. Combined with the fact that most political bodies want to make it impossible for average citizens to legally challenge their actions and/or decisions and you have your answer.
For civil actions against a municipality - say to challenge eminent domain
Remember you've done nothing wrong, a government agency wants your land and offers their version of "Just Compensation" - just $1, and unlike common criminals you are not entitled to any legal representation.
Good attorneys around here want a $3,000 to $5,000 retainer and $345 to $390 per hour. For class actions these numbers are multiplied by the number of classes (participants) - even simple cases take years and cost tens of thousands to persue.
How can the average person afford justice or even attempt to correct an injustice through this legal system?
Seems the legislative and judicial branches have merged.
Tom
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| « Last Edit: Jan 14th, 2006, 12:00pm by burnt-toast » |
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Would the owner of the propane torch, egg beater, pipe expander and vise grips please claim these items. They're lodged in my head and I need the space.
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Jonny
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Re: Anyone watching the hearings?????
« Reply #27 on: Jan 14th, 2006, 12:06pm » |
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on Jan 14th, 2006, 7:55am, floridian wrote:| Then new evidence was discovered that conclusively proves the man innocent. Alito said the man should NOT get a new trial because the system did its work correctly!! |
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Now that is way not cool, and I aint saying that because I could one day be that guy....Its just plain wrong on many levels!!
I agree with, Flo.....Man, I better check my meds....LOL 
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maffumatt
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Re: Anyone watching the hearings?????
« Reply #28 on: Jan 14th, 2006, 12:50pm » |
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Can you provide the link to where you cut the quote from, you didn't post his Alito's reply.
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maffumatt
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Re: Anyone watching the hearings?????
« Reply #29 on: Jan 14th, 2006, 1:31pm » |
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DURBIN: I’d like to say, Judge, in many of these tough questions, as I read through cases, you end up ruling in favor of established institutions and against individuals. Let me tell you another one: Pirolli v. World Flavors. Remember this case? A mentally retarded individual, Kenneth Pirolli, physically harassed at his workplace; subjected to a hostile, abusive work environment; sexually assaulted by his co-workers. And according to his deposition testimony, he said they attempted to rape him. I could read to you what’s in that record here, but it is so graphic and it tells in such detail the sexual assault that he was subjected to that I’m not going to read it into the record, but I bet you remember it. And when it came to this case as to whether or not he should have a trial, as to whether he was entitled to bring his case before a jury, you said no. Stand by the summary judgment. Don’t take this to a jury. You dissented from the majority position here. And the reason you dissented was, I think, significant.
DURBIN: It wasn’t about Kenneth Pirolli or the merits of his case; it was about the conduct and efforts of his lawyer. You noted the fact that his lawyer had not adequately provided citations in his brief to places in the record describing the harassment. So you held Kenneth Pirolli responsible for the fact that his lawyer didn’t do a good job and denied him -- at least in your view -- denied him his day in court. How do you explain that crushing hand of fate on this man who was a victim of sexual harassment?
ALITO: Well, Senator, the district court thought that the defendant in that case was entitled to summary judgment. And so I think that says something about the facts of the case and whether it was a particularly strong case.
There's a very important principle involved in the appellate practice, and I think it goes with the idea of judicial self- restraint. It is that certain things are to be decided at certain levels in the court system.
And that requires that parties raise issues in the trial court. And that if they do not raise the issue in the trial court, then, absent some extraordinary circumstances, they shouldn't be able to raise the issue on appeal. And that was the principle there.
Now, this was not a criminal case. In a criminal case, there's a constitutional right to counsel and so a person can claim ineffective assistance of counsel. And we treat that issue differently in criminal cases than we do in civil cases.
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JJA
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Re: Anyone watching the hearings?????
« Reply #30 on: Jan 16th, 2006, 10:07am » |
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on Jan 13th, 2006, 9:26pm, Jonny wrote:
So I guess hiding the drugs in a little girls diaper is cool with you, Charlie?
Is it also cool to hide drugs in a 10 year olds panties to avoid arrest?
Are these children living the the life that YOU think they should live?
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I know this was intended for Charlie, but I’d like to respond to it.
I think we can all agree that no one should be hiding drugs on children. Unfortunately, our current drug laws encourage this behavior. The punishments are so severe for possessing some drugs that many are willing to go to any extreme to avoid being arrested and spending decades in prison. Furthermore, those same severe punishments cause drugs to be worth more than their weight in gold, ample reason for someone to take the risk for easy money. If the punishments for drug possession/sales were more reasonable there wouldn’t be the same problem. Few people would go to that extreme to avoid a fine or drug treatment. Not that this has much to do with Alito.
Jesse
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Is it illegal because it's dangerous or is it dangerous because it's illegal? Our drug laws are ruining lives.
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floridian
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Re: Anyone watching the hearings?????
« Reply #31 on: Jan 16th, 2006, 10:35pm » |
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Put a rapist or murderer in jail, and you make the streets safer. Put a drug dealer in jail, and you create a job opening.
It has nothing to do with Alito - It's all Bush's fault 
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maffumatt
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Re: Anyone watching the hearings?????
« Reply #32 on: Jan 16th, 2006, 10:37pm » |
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OH good Lord Flo, you would blame bush if you pissed on your shoe.
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