Post #234,979
11/18/05 7:48:08 PM
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Sounds suspiciously like the plot
of "Throw Momma from the Train"
Hmmmmm.
Peace,
Amy
"It's never too late to be who you might have been." ~ George Eliot
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Post #235,160
11/19/05 5:17:12 PM
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Sounds suspiciously like Double Jeopardy, from where I sit.
Never mind that "it wasn't a criminal trial" (who gives a fuck about that?): Isn't the risk of having to pay millions, after being taken to court, legal jeopardy?
A court already said he didn't do it, so why the fuck should another court decide the *same* question again? Sure, they can sue him, and have a civil trial if they want to -- but then, in the name of all logic and reason, that trial should only be about the amount of reparations, *given* what the other court already decided on the issue of guilt.
(And yeah, that *does* go for OJ, too.)
[link|mailto:MyUserId@MyISP.CountryCode|Christian R. Conrad]
(I live in Finland, and my e-mail in-box is at the Saunalahti company.)
Yes Mr. Garrison, genetic engineering lets us correct God's horrible, horrible mistakes, like German people. - [link|http://maxpages.com/southpark2k/Episode_105|Mr. Hat]
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Post #235,164
11/19/05 5:36:57 PM
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My take.
Double Jeopardy is prohibited in the [link|http://caselaw.lp.findlaw.com/data/constitution/amendment05/|5th Amendment]: [...] nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; [...] There's quite a bit of [link|http://caselaw.lp.findlaw.com/data/constitution/amendment05/02.html#1|case law about it]. Briefly, a civil trial and a criminal trial are completely different even if they are both based on a common event. Similarly, a federal trial is completely different from a state trial. Under our system, Blake wasn't under double jeopardy because the charges weren't the same. I agree with you, to some extent, that it does seem like a way to punish a person who was found not guilty. I'm not sure there's a good way around that though. Cheers, Scott.
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Post #235,172
11/19/05 6:23:35 PM
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Standard of proof
Criminal trial requires "beyond a reasonable doubt". Civil requires "by a proponderance of the evidence". Basically in the civil trial you're allowed to say, "Yeah, he probably did it." But before putting someone in jail you have to be "certain".
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Purveyor of Doc Hope's [link|http://DocHope.com|fresh-baked dog biscuits and pet treats].
[link|http://DocHope.com|http://DocHope.com]
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Post #235,174
11/19/05 6:36:02 PM
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How stupid. Especially from you money-obsessed Yanks.
Expounds the DrooK: Basically in the civil trial you're allowed to say, "Yeah, he probably did it." But before putting someone in jail you have to be "certain". But you "ultra-capitalists", who as a society excel in putting a monetary value on everything... If money can pay for some damage someone caused you, or a life, or years thereof spent wrongfully imprisoned -- if all that can be measured in money, *reimbursed* in money, then doesn't that mean money is (at least) as highly valued as those, in your society? And doesn't it follow, then, that it should be (at least) as well-protected as any of those? Utterly fucking weird; I'd have expected, actually, that the standards for taking someone's *money* would be STRICTER than the standards for taking someone's life or freedom, in Yankia.
[link|mailto:MyUserId@MyISP.CountryCode|Christian R. Conrad]
(I live in Finland, and my e-mail in-box is at the Saunalahti company.)
Yes Mr. Garrison, genetic engineering lets us correct God's horrible, horrible mistakes, like German people. - [link|http://maxpages.com/southpark2k/Episode_105|Mr. Hat]
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Post #235,181
11/19/05 7:53:38 PM
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We have a loophole
If you don't pay the judgement from a civil trial, then we'll throw you in jail for failure to pay.
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Purveyor of Doc Hope's [link|http://DocHope.com|fresh-baked dog biscuits and pet treats].
[link|http://DocHope.com|http://DocHope.com]
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Post #235,215
11/20/05 11:07:32 AM
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not hardly, no debtors prisons here except in the case of
support, then it becomes a criminal offense. If they can get 30 mill good luck, he can keep a house, they cant touch any pensions.
thanx,
bill
"the reason people don't buy conspiracy theories is that they think conspiracy means everyone is on the same program. Thats not how it works. Everybody has a different program. They just all want the same guy dead. Socrates was a gadfly, but I bet he took time out to screw somebodies wife" Gus Vitelli
Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 49 years. meep
questions, help? [link|mailto:pappas@catholic.org|email pappas at catholic.org]
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Post #235,245
11/20/05 7:54:40 PM
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Oh really?
And what happens when they attach your wages? You never get the money to try to keep it. Tell me a way to beat that without comitting a felony?
===
Purveyor of Doc Hope's [link|http://DocHope.com|fresh-baked dog biscuits and pet treats].
[link|http://DocHope.com|http://DocHope.com]
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Post #235,298
11/21/05 9:55:34 AM
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cant attach all your wages, do what my brother does
get smart wife, put business in her name, do all the work and get paid a pittance. No felonies involved The most wages they can garnish is a percentage based on income with a poverty floor they cant touch.
thanx,
bill
"the reason people don't buy conspiracy theories is that they think conspiracy means everyone is on the same program. Thats not how it works. Everybody has a different program. They just all want the same guy dead. Socrates was a gadfly, but I bet he took time out to screw somebodies wife" Gus Vitelli
Any opinions expressed by me are mine alone, posted from my home computer, on my own time as a free american and do not reflect the opinions of any person or company that I have had professional relations with in the past 49 years. meep
questions, help? [link|mailto:pappas@catholic.org|email pappas at catholic.org]
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Post #235,324
11/21/05 12:10:36 PM
8/21/07 6:28:51 AM
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Do you reckon Blake is pulling in much in wages these days?
"Whenever you find you are on the side of the majority, it is time to pause and reflect" --Mark Twain
"The significant problems we face cannot be solved at the same level of thinking we were at when we created them." --Albert Einstein
"This is still a dangerous world. It's a world of madmen and uncertainty and potential mental losses." --George W. Bush
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