So you take selfies while bathing, eh? How nice for you.
0 Replies
bobsal u1553115
3
Reply
Fri 6 Feb, 2015 07:32 am
@coldjoint,
Look at the idiots we give badges and guns to.
0 Replies
giujohn
0
Reply
Fri 6 Feb, 2015 03:59 pm
@bobsal u1553115,
Quote:
Where in law is it written cops get to mete out punishment and kill people without due process, ignoring a Constitution presumption of innocence? Why do you hate the Bill of Rights?
It is patently apparent that you have absolutely no concept of due process or the constitution...are you even out of high school yet???
Hey asswad, the missing due process part is where the cop executes the suspect prior to arraignment, trial, sentencing. You're not only an asshole but an extremely ignorant one at that.
Show me in the constituion where it says that you have the right to be presumed innocent?
If "presumption of innocence" isn't Constitutional, what has the Supreme courts ruled on cases regarding it? Why are juries reminded of it in instructions? How retarded are you, anyway?
"The cases dealing with presumption of innocence and burden of proof issues often revolve around the instructions provided to the jury. Unfortunately, just as it is not entirely clear what constitutes a “reasonable doubt,” it is not entirely clear what language is required to instruct a jury so as to protect a defendant’s rights. According to the Supreme Court in Taylor v. Kentucky, 436 U.S. 478, 486 (1978):
"While use of the particular phrase "presumption of innocence" -- or any other form of words -- may not be constitutionally mandated, the Due Process Clause of the Fourteenth Amendment must be held to safeguard against dilution of the principle that guilt is to be established by probative evidence and beyond a reasonable doubt.”
In other words, the Court said that, while there is no specific language requirement and there may be more than one Constitutionally acceptable way in which to instruct a jury, the message must nonetheless be clear to the jury that they may not convict a defendant based on evidence that leaves a reasonable doubt as to the defendant's guilt. In Taylor, the defendant was on trial for robbery and was convicted in the court of original jurisdiction. In his appeal to the Supreme Court, Taylor argued that the lower court’s refusal to instruct the jury on the presumption of innocence violated his right to a fair trial that is guaranteed by the Due Process Clause of the Fourteenth Amendment. The Court agreed, holding that the failure to give an instruction regarding the presumption of innocence and the prosecution’s burden of proof constituted reversible error.
EXAMPLE: In the state of Alatucky, the newly adopted Rules of Procedure suggest specific language for judges to instruct juries regarding the presumption of innocence and the burden of proof on the prosecution, which mirrors language upheld as adequate in previous Supreme Court cases. A local judge, intending to abide by the new Rules but missing his glasses that day, tells the jury “Y’all understand that the defendant isn’t guilty until you say so, and that the Prosecutor over there needs to do his job in order for you to say so, right? Now keep that in mind before you come back here and tell me whether the defendant is guilty, because unless you’re real sure that he’s guilty, and unless the prosecutor did his job, then it’ll just get reversed on appeal, ok?” Clearly, this is inadequate to remind the jury of the Fifth Amendment guarantees.
In In re Winship, 397 U.S. 358, 363 (1970), the Court stated that the standard of proving guilt beyond a reasonable doubt “plays a vital role in the American scheme of criminal procedure.” "
W. Virginia woman catches cop who allegedly assaulted teen daughter in online sting
Arturo Garcia
Arturo Garcia
06 Feb 2015 at 19:11 ET
'Policeman wearing protective vest outdoors' [Shutterstock]
'Policeman wearing protective vest outdoors' [Shutterstock]
Don't miss stories. Follow Raw Story!
Follow @rawstory
A police officer in Moundsville, West Virginia lost his job and faces criminal charges after being caught online by the mother of the 15-year-old girl he allegedly assaulted.
WTOV-TV reported that the girl’s mother encountered 26-year-old Patrolman Benjamin Davis online after creating a fake online profile describing herself as another underage girl.
“She created this account and basically Mr. Davis answered that, and she was posing as a 17-year-old female in the Marshall County area,” State Police Sgt. Mathew Adams said. “They began chatting with each other and planned to meet at some point.”
Instead, the woman revealed that she was the victim’s mother, reportedly telling him, “your actions will make people trust cops even less.”
Investigators said they recovered naked pictures of the girl from both her cell phone and Davis’. He was allowed to resign from his position instead of being fired, and was charged with third-degree sexual assault and soliciting a minor.
“It’s one of those it-ruined-my-whole-day type of things,” Police Chief Tom Mitchell said. “I didn’t see it coming. I got the call, went and met with the state police and they told me what was going on, and we absolutely have a duty to the citizens to make sure that our guys are not doing these type of things.”
Watch WTOV’s report, as aired on Friday, below.
0 Replies
bobsal u1553115
2
Reply
Sat 7 Feb, 2015 10:32 am
Philadelphia cops will face charges after surveillance video shows they lied about brutal attack
Arturo Garcia
05 Feb 2015 at 18:28 ET
Philadelphia Police Officers Sean McKnight (left) and Kevin Robinson [WPVI-TV]
Don't miss stories. Follow Raw Story!
Follow @rawstory
Two Philadelphia police officers were arrested and publicly criticized by local officials after video proof emerged that they lied about pursuing and beating a man, WPVI-TV reported.
The footage shows Officers Sean McKnight and Kevin Robinson chasing 23-year-old Najee Rivera in their unlit patrol car and knocking him to the ground with a baton before pushing him against a wall and repeatedly hitting him. Rivera can be heard screaming throughout the attack.
“He never resisted. He never struck them,” local District Attorney Seth Williams said of the May 2013 incident. “He never fought back. They just started hitting him.”
The encounter began when the officers pulled Rivera over. Rivera reportedly fled out of fear for his safety. But the officers originally said that Rivera fell off of his scooter, then tried to grab one of their batons, forcing one of them to hit Rivera in the face. He was originally charged with resisting arrest.
But Rivera’s girlfriend recovered the video from a nearby business before the case went before a grand jury. The charges against him were dropped. He subsequently won a $200,000 settlement in a federal civil rights lawsuit he filed against the city. The two officers were taken off of street duty after the video came to light.
“The video undermined every aspect of the officers’ account of the incident,” Williams said.
Police Commissioner Charles Ramsey said that the two officers were suspended for 30 days, while the department initiates plans to terminate their employment. Robinson and McKnight also face several charges, including aggravated assault, criminal conspiracy, filing a false report to law enforcement authorities and tampering with public records.
The Philadelphia Inquirer reported that the arrests came a day after two other officers, Jonathan Garcia and Sydemy Joanis, were convicted on corruption charges.
“I cannot stand here and say I’ve got 6,500 police officers that always operate within the framework of the law, within the framework of department policy,” Ramsey said. “We’ve got to root them out.”
Watch WPVI’s report on the arrest of the two officers, as aired on Thursday, below.
0 Replies
giujohn
0
Reply
Sat 7 Feb, 2015 06:11 pm
@bobsal u1553115,
Quote:
t1qAbsolutely unimaginable this could happen in America
David Ekert is a know drug trafficker and used the butt carry before. The K-9 also hit on his vehicle twice.
the missing due process part is where the cop executes the suspect
LOL As I thought.
Really? How come the cops havent been sentenced for the "execution"
What a dumb ass...or what is referred to in the law enforcement community as a "**** house lawyer." You havent a clue what due process is. Of course you're ridiculuosly uninformed interpretation notwithstanding.
0 Replies
giujohn
-1
Reply
Sat 7 Feb, 2015 06:49 pm
@bobsal u1553115,
Quote:
If "presumption of innocence" isn't Constitutional, what has the Supreme courts ruled on cases regarding it? Why are juries reminded of it in instructions? How retarded are you, anyway?
LOL Where do I begin.
Hey **** house lawyer...you said it was IN the constitution, it is not.
Does the cop who arrests the miscreant believe he's innocent? Does the DA believe he's innocent? Does the victim? So I guess there isnt a RIGHT to be presumed innocent for if there were the DA could never bring charges...DUMB ASS.
And if you are going to cut and paste things from the internet you should at least have a rudimentary basis to undersatnd constituional law that extends beyond the **** house walls.
BTW, anyone with even a little knowledge on the subject would have cited Coffin v. U.S. instead of the first thing that came up on google.
To put it so even a metal defective like you can understand, it has to due with reasonable doubt AND the weight of evidence, HENCE THE JURY INSTRUTIONS.
Unfortunately you present difference without distinction. Have your mommy look that up and explain it to you.
0 Replies
bobsal u1553115
2
Reply
Sun 8 Feb, 2015 07:15 am
@giujohn,
I admit you you know about **** house house lawyering, I mean you are a piece of ****, after all, and your ideas on due process, presumption of innocence, reasonable doubt come straight from your thinking organ - in your case your sphincter.
But your sphincter has it wrong, again. Go **** yourself.