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  #31  
Old 04-13-2007, 08:56 AM
John Kilduff John Kilduff is offline
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Default Re: Duke LaCrosse Team

[ QUOTE ]
This was all covered in the thread. You can restate the same legal issue with different words if you like, but the bottom line remains:

Official prosecutorial acts = immunity
other acts = maybe

Not that it matters, but I am a lawyer and my practice area is civil litigation.

[/ QUOTE ]

What about malicious or depraved prosecution? What if the prosecutor KNEW the defendants were innocent but withheld the information? (not saying Nifong did fully that, but if he did, would he be immune?)
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  #32  
Old 04-13-2007, 09:14 AM
JCool JCool is offline
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Default Re: Duke LaCrosse Team

Official prosecutorial acts = immunity

If you don't like the rule, you can always seek to amend the Constitution.
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  #33  
Old 04-13-2007, 11:14 AM
John Kilduff John Kilduff is offline
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Default Re: Duke LaCrosse Team

[ QUOTE ]
Official prosecutorial acts = immunity

If you don't like the rule, you can always seek to amend the Constitution.

[/ QUOTE ]

Thanks for the response. Are you absolutely sure that you're not oversimplifying things, and that that holds in all possible scenarios?

edited: Also, to what, specifically, in the Constitution are you referring? Where in the Constitution is prosecutorial immunity guaranteed?
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  #34  
Old 04-13-2007, 11:58 AM
betgo betgo is offline
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Default Re: Duke LaCrosse Team

[ QUOTE ]
Official prosecutorial acts = immunity

If you don't like the rule, you can always seek to amend the Constitution.

[/ QUOTE ]

Without knowing the law, it is just common sense that it would have to be very difficult to sue a prosecutor if you were sent to jail incorrectly. Similarly, you can't sue the judge or jury.
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  #35  
Old 04-13-2007, 12:26 PM
AlexM AlexM is offline
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Default Re: Duke LaCrosse Team

[ QUOTE ]
[ QUOTE ]
Official prosecutorial acts = immunity

If you don't like the rule, you can always seek to amend the Constitution.

[/ QUOTE ]

Without knowing the law, it is just common sense that it would have to be very difficult to sue a prosecutor if you were sent to jail incorrectly. Similarly, you can't sue the judge or jury.

[/ QUOTE ]

Indeed, but when it's very obvious that a prosecutor has pursued an unwinnable case and destroyed people's lives simply to get votes, there has to be a way to toss his ass in jail.
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  #36  
Old 04-13-2007, 03:00 PM
Utah Utah is offline
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Default Re: Duke LaCrosse Team

Can someone explain to me the liberal media establishment's hate for rich whites? I just don't get it.

I was very shocked to see this article by ABC reporter Terry Moran. Holy cow. These Duke boys were put through hell at no fault of their own and this ahole is going to take potshots at them because they are from rich families? How does stuff like this get published?

"DON'T FEEL TOO SORRY FOR THE DUKIES"
http://blogs.abcnews.com/terrymoran/...l_too_s_1.html

"They got special treatment in the justice system--both negative and positive." Whaaaaaa? Did he really say that? Does he really believe it? They were threatened with long-term imprisonment, endured a year of hell, suspended from school, had their reputation destroyed by a justice system that was prosecuting a false case precisely because they were rich and white. How could anyone who is not completely insane or so blinded by hate towards the well off say something so stupid?

"The conduct of the lacrosse team of which they were members was not admirable on the night of the incident....They were part of a team that collected $800 to purchase the time of two strippers....Their team specifically requested at least one white stripper.....During the incident, racial epithets were hurled at the strippers".....It has the feel of, "well, they should be punished for something". These kids did absolutely nothing wrong. Certainly, hiring a stripper or being at a party with a stripper is no crime or out of the norm. What is wrong for asking for a white stripper. The epithets were in response to racial epithets thrown at them first by the strippers. Also, I don't believe any of the 3 were involved in the insults, but I could be wrong.

"Colin Finnerty was charged with assault in Washington, DC, in 2005.".....probably the only legitimate point as to the character of the players, but is weak evidence and not related to the case.

"The young men were able to retain a battery of top-flight attorneys, investigators and media strategists.".....as if something is wrong with that.

"As students of Duke University or other elite institutions, these young men will get on with their privileged lives."....huh?! They will forever be tied to this event. While they were exonerated, this will always be with them. To say they will live privileged lives is so off. Who would want their lives and their notoriety.

"as we cover the celebrated exoneration of well-heeled, well-connected, well-publicized young men whose conduct, while not illegal, was not entirely admirable, either."....this one is my absolute favorite. He makes it sound like these boys are somehow getting favorable treatment from the press. Has he followed the case at all? Hell, if the press had done their job the case might have been over before it began as there would have been too much pressure on Nifong, the AG, the Governor, etc. Instead, you had papers like the NYTs acting as Nifong's mouthpiece.
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  #37  
Old 04-13-2007, 03:03 PM
Msgr. Martinez Msgr. Martinez is offline
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Default Re: Duke LaCrosse Team

[ QUOTE ]
Can someone explain to me the liberal media establishment's hate for rich whites? I just don't get it.

I was very shocked to see this article by ABC reporter Terry Moran. Holy cow. These Duke boys were put through hell at no fault of their own and this ahole is going to take potshots at them because they are from rich families? How does stuff like this get published?

"DON'T FEEL TOO SORRY FOR THE DUKIES"
http://blogs.abcnews.com/terrymoran/...l_too_s_1.html

"They got special treatment in the justice system--both negative and positive." Whaaaaaa? Did he really say that? Does he really believe it? They were threatened with long-term imprisonment, endured a year of hell, suspended from school, had their reputation destroyed by a justice system that was prosecuting a false case precisely because they were rich and white. How could anyone who is not completely insane or so blinded by hate towards the well off say something so stupid?

"The conduct of the lacrosse team of which they were members was not admirable on the night of the incident....They were part of a team that collected $800 to purchase the time of two strippers....Their team specifically requested at least one white stripper.....During the incident, racial epithets were hurled at the strippers".....It has the feel of, "well, they should be punished for something". These kids did absolutely nothing wrong. Certainly, hiring a stripper or being at a party with a stripper is no crime or out of the norm. What is wrong for asking for a white stripper. The epithets were in response to racial epithets thrown at them first by the strippers. Also, I don't believe any of the 3 were involved in the insults, but I could be wrong.

"Colin Finnerty was charged with assault in Washington, DC, in 2005.".....probably the only legitimate point as to the character of the players, but is weak evidence and not related to the case.

"The young men were able to retain a battery of top-flight attorneys, investigators and media strategists.".....as if something is wrong with that.

"As students of Duke University or other elite institutions, these young men will get on with their privileged lives."....huh?! They will forever be tied to this event. While they were exonerated, this will always be with them. To say they will live privileged lives is so off. Who would want their lives and their notoriety.

"as we cover the celebrated exoneration of well-heeled, well-connected, well-publicized young men whose conduct, while not illegal, was not entirely admirable, either."....this one is my absolute favorite. He makes it sound like these boys are somehow getting favorable treatment from the press. Has he followed the case at all? Hell, if the press had done their job the case might have been over before it began as there would have been too much pressure on Nifong, the AG, the Governor, etc. Instead, you had papers like the NYTs acting as Nifong's mouthpiece.

[/ QUOTE ]

I wonder if you respond with similar outrage over the numerous innocent people who wound up on death row. But I get the feeling you don't.
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  #38  
Old 04-13-2007, 03:39 PM
Utah Utah is offline
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Default Re: Duke LaCrosse Team

[ QUOTE ]
I wonder if you respond with similar outrage over the numerous innocent people who wound up on death row. But I get the feeling you don't.

[/ QUOTE ]

huh? Why would you get that idea? Simply because I had the audacity to be critical of a bad liberal hatchet job that vilified some 100% innocent rich white kids because they had the nerve to be rich and white? Should I have known that one never defends a rich white person, even if innocent, because it means that you don't care about people who aren't rich or white?
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  #39  
Old 04-13-2007, 03:46 PM
BCPVP BCPVP is offline
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Default Re: Duke LaCrosse Team

What a Moran! [img]/images/graemlins/grin.gif[/img]
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  #40  
Old 04-13-2007, 04:16 PM
Msgr. Martinez Msgr. Martinez is offline
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Default Re: Duke LaCrosse Team

[ QUOTE ]
[ QUOTE ]
I wonder if you respond with similar outrage over the numerous innocent people who wound up on death row. But I get the feeling you don't.

[/ QUOTE ]

huh? Why would you get that idea? Simply because I had the audacity to be critical of a bad liberal hatchet job that vilified some 100% innocent rich white kids because they had the nerve to be rich and white? Should I have known that one never defends a rich white person, even if innocent, because it means that you don't care about people who aren't rich or white?

[/ QUOTE ]

It's funny that you - and everyone else who's "outraged" over this incident - suddenly care about presumptions of innocence, overzealous prosecutions, and how a wrongful accusation can ruin someone's life.
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