So Curm, did you give Joe the boot?

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Re: So Curm, did you give Joe the boot?

Postby Curmudgeon » Wed May 16, 2012 1:54 am

sundaymorning wrote:You are not a lawyer.Thus, in the end, your opinions and Joe"s were equivalent observations from lay people. That is all. You have no more salient reasons why SYG has been used effectively in some cases and not others than he does.
You are not a rabbi. You are not even Jewish. Doing a few searches on Google is not enought to make you the expert on here. NOt even close...that religion is so complex even they don't know what all they believe.
I'd love to get you in a room with some really crack criminal lawyers and see you pull the same shit you pulled on Joe. Or a room full of rabbis, who would no doubt find your belief that you are the last word on Judaism amusing.


1) I don't have to be a lawyer the judge is though. Castle law may fit, abused spouse syndrome defense may fit, SYG fails per her own testimony of her actions. You can't "stand your ground" and leave. Do you think zimmerman would be able to use it had he gone back to his car, just because he had easier exits to leave.... which she also had prior to the shooting due to her actions and her testimony. I'm not the one failing to make my case here, I'm not overlooking anything like you do here to cling to SYG.

2) I'm not a rabbi and I don't have to be one either, judaism believes god is omnipotent, go look and get back to me with a cite when you find a jewish source that says he isn't. Not even the rabbit that tz used believe he wasn't. Or you can take a different tact and explain to us how a god of torah or christian biblical proportions (even allah of islam fits I've no doubt) isn't omnipotent but is still a god.

3) I'll glady take up your challenge on the lawyers, I'd have no problem with that, in this case I've no doubt I'd hold my own.

4) What is it that you want to cling to this SYG as her holy grail, it isn't. You can't make it apply given her testimony.

These are FAR more applicable for her.

Castle doctrine From Wikipedia, the free encyclopediaJump to:

A Castle Doctrine (also known as a Castle Law or a Defense of Habitation Law) is an American legal doctrine that designates a person's abode (or, in some states, any place legally occupied, such as a car or place of work) as a place in which the person has certain protections and immunities and may in certain circumstances use force, up to and including deadly force, to defend against an intruder without becoming liable to prosecution.[1] Typically deadly force is considered justified, and a defense of justifiable homicide applicable, in cases "when the actor reasonably fears imminent peril of death or serious bodily harm to himself or another".[1] The doctrine is not a defined law that can be invoked, but a set of principles which is incorporated in some form in the law of most states.

The term derives from the historic English common law dictum that "an Englishman's home is his castle". This concept was established as English law by 17th century jurist Sir Edward Coke, in his The Institutes of the Laws of England, 1628.[2] This was carried by colonists to the New World, who later removed "Englishman" from the phrase, which thereby became simply the Castle Doctrine.[2] The term has been used to imply a person's absolute right in England to exclude anyone from their home, although this has always had restrictions, and since the late twentieth century bailiffs have also had increasing powers of entry.[3]

The term "Make My Day Law" arose at the time of the 1985 Colorado statute that protects people from any criminal charge or civil suit if they use force – including deadly force – against an invader of the home.[4] The law's nickname is a reference to the line "Go ahead, make my day" uttered by actor Clint Eastwood's character Harry Callahan in the 1983 film Sudden Impact, inviting a suspect to make himself liable to deadly retaliation by attacking Callahan.


Battered woman defense

The battered woman defense also referred to as battered woman syndrome is a defense used in court that the person accused of an assault / murder was suffering from battered person syndrome at the material time. Because the defense is most commonly used by women, it is usually characterised in court as battered woman syndrome or battered wife syndrome. There is currently no medical classification to support the existence of this "syndrome" in the sense used by lawyers, though it has historically been invoked in court systems. Although the condition is not gender-specific, the admission of evidence regarding battered woman syndrome as relevant the defense of self-defense is commonly understood as a response by some jurisdictions to perceived gender-bias in the criminal law. Thus, this is a reference to any person who, because of constant and severe domestic violence usually involving physical abuse by a partner, may become depressed and/or unable to take any independent action that would allow him or her to escape the abuse. The condition explains why abused people may not seek assistance from others, fight their abuser, or leave the abusive situation. Sufferers may have low self-esteem, and are often led to believe that the abuse is their fault. Such persons may refuse to press charges against their abuser, or refuse all offers of help, perhaps even becoming aggressive or abusive to others who attempt to offer assistance. This has been problematic because there is no consensus in the medical profession that such abuse results in a mental condition severe enough to excuse alleged offenders. Nevertheless, the law makes reference to a psychological condition,[1] even though neither the DSM nor the ICD medical classification guides as currently drafted includes the syndrome in the sense used by lawyers.
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Re: So Curm, did you give Joe the boot?

Postby Curmudgeon » Wed May 16, 2012 2:04 am

Here's something for you to deliberate, given the original reason.com article only presents a very limited view, why did a jury of peers only take 12 minutes to make a decision?

Seem odd to you given what we were told in the original story?

On March 16, after deliberating for 12 minutes, a jury convicted Alexander on three counts of aggravated assault with a deadly weapon. Although she injured no one, she faces a 20-year mandatory minimum sentence unless she can win a new trial.


btw, her motions for a retrial were denied

This shouldn't be a surprize to anyone with a basic understanding of our judicial system.

This would be due what is required to have a basis for an appeal, you have to prove something was wrong in the origianl trial, have new evidence, prove the attorney/judge were incompetent , etc...

...but then you all already knew that huh... I'm just preaching to the choir here.
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Re: So Curm, did you give Joe the boot?

Postby MyOwnMind70 » Wed May 16, 2012 5:00 am

coltsfan1955 wrote:
MyOwnMind70 wrote:
coltsfan1955 wrote:
Miss Violin wrote:
coltsfan1955 wrote:
Miss Violin wrote:Mental wolves not healing
driving me insane.

Don't judge.

http://www.youtube.com/watch?v=6aS3WKck ... re=related

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Less is more.



Maybe so, but I remember the days when I wanted to look like a cartoon character.

You don't look like one here and now?



Grow up

Just following your example when it comes to dealing with you. Can't take it, probably shouldn't dish it out!
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Re: So Curm, did you give Joe the boot?

Postby MyOwnMind70 » Wed May 16, 2012 5:02 am

travis bickel wrote:So...Did Raveen get the boot?
:)
Jesus fucking christ.

He did get a time out, but after it was over he came back to tell everyone that he was taking his ball and going home. He stated it was his last post on this board. It's somewhere back there around page 8 or 9 of this fun filled thread.
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Re: So Curm, did you give Joe the boot?

Postby dd » Wed May 16, 2012 7:22 am

travis bickel wrote:Jesus fucking christ.


Preach it, brother.

smh...
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Re: So Curm, did you give Joe the boot?

Postby PaPawCarl » Wed May 16, 2012 7:33 am

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Re: So Curm, did you give Joe the boot?

Postby coltsfan1955 » Wed May 16, 2012 7:51 am

Curmudgeon wrote:
This shouldn't be a surprize to anyone with a basic understanding of our judicial system.

This would be due what is required to have a basis for an appeal, you have to prove something was wrong in the origianl trial, have new evidence, prove the attorney/judge were incompetent , etc...

...but then you all already knew that huh... I'm just preaching to the choir here.



Wow, how wrong can a person be about basic facts? Your statement that you could hold your own with a room full of lawyers was the most arrogent thing that I have ever seen written on a message board. And that was before I just read your assumtion that a motion for retrial is an appeal.

From you own link that it took but seconds to read;

"Alexander's attorney, Kevin Cobbin, wanted a new trial based on Florida's Stand Your Ground law and said that it should have applied in this case.

Marissa Alexander's sentencing has been scheduled for Friday, May 11. Her attorney, Kevin Cobbin, says he plans to file an appeal following her sentencing"


Just adding to the proof of your complete lack of knowledge about the law, much less your assumption that you could hold your own with a lawyer, YOU CANNOT INTRODUCE NEW EVIDENCE ON APPEAL and find me the last appeal where some one claimed the lawyer/judge was incompetant.

You owe JoeL and this board an apology and you need to check your arrogance.
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Re: So Curm, did you give Joe the boot?

Postby Curmudgeon » Wed May 16, 2012 9:24 am

Well you're showing you can not only be wrong but go off on a tangent w/o any basis at all.

you go colts.

you ever get back to reality be sure to let us know.

maybe you missed that a new trial was denied.
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Re: So Curm, did you give Joe the boot?

Postby Porterhouse » Wed May 16, 2012 10:08 am

Hey guys- The horse died last week... ease up on it. :chuckle:
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Re: So Curm, did you give Joe the boot?

Postby coltsfan1955 » Wed May 16, 2012 10:23 am

Curmudgeon wrote:Well you're showing you can not only be wrong but go off on a tangent w/o any basis at all.

you go colts.

you ever get back to reality be sure to let us know.

maybe you missed that a new trial was denied.



In your arrogence you believe that you can hold your own in a room full of lawyers and yet you do not even have the basic understanding that she only lost her motion for retrial.

Guess what?

Every single defendant in every single case law on every single appeal lost their motion for retrial.

The appeal will read that the judge erred in dismissing her defense by SYG. Appealant lawyers will argue this in front of appealant judges, maybe all the way to the USSC. And at not a single one of these steps will any of these people ask your advice.

You owe JoeL an apology.

You are factually incorrect. SYG is a valid legal theory, contrary to your flawed assumptions about law.
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Re: So Curm, did you give Joe the boot?

Postby Chocolatecoveredduck » Wed May 16, 2012 3:39 pm

Someone should start a thread about SYG. Oh wait. THEY DID.
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Re: So Curm, did you give Joe the boot?

Postby SomeGuy555 » Wed May 16, 2012 4:04 pm

Can somebody lock this? It has just become a bitch thread/pissing contest...
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Re: So Curm, did you give Joe the boot?

Postby gloria » Wed May 16, 2012 4:18 pm

Amusing and dysfunctional as this thread is, your motion is seconded, someguy

:lock:
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Re: So Curm, did you give Joe the boot?

Postby Porterhouse » Wed May 16, 2012 4:26 pm

SomeGuy555 wrote:Can somebody lock this? It has just become a bitch thread/pissing contest...


Why? Been here a few months and it seems that this forum is just another public outhouse. Take a number, keep a tight sphincter, and wait your turn. lol
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Re: So Curm, did you give Joe the boot?

Postby CaptainCorruption » Wed May 16, 2012 4:48 pm

SomeGuy555 wrote:Can somebody lock this? It has just become a bitch thread/pissing contest...



Uhhh the person who could fulfill that request is engaged in said pissing contest...
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