You're a jury member for this case...

Discussion in 'Overtime: Off-Topic Discussion' started by Sloss Littlez, Apr 8, 2011.

?

what's your verdict?

  1. GUILTY

    0 vote(s)
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  2. NOT GUILTY

    0 vote(s)
    0.0%
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  1. Sloss Littlez

    Sloss Littlez KING SLOSS THE BOSS NIGGA

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    I'm gonna do a series of these periodically. I'm doing a sample test on the results. Give YOUR HONEST VOTE ON THE POLL.


    Case:
    Man is charged with sexual battery on a minor under 12


    Affidavit:

    An 8 year old girl claims her male babysitter(aged 41) molested and sexually battered her. She says he would sit her on his lap and touch her vagina. She also claims he makes her give him oral sex. She does not know how many times this has happened, but says "a lot."
    Mother was eventually told after approx 6 months and has called the police which lead to an arrest.


    -The TRIAL-

    Prosecution:
    -Provides video footage of a state psychologist's interview with the girl. Girl(in the video), after struggling, confirms what is in the affidavit.
    -State psychologist says the child's behavior during the interview is consistent with abuse victims.
    -Defense cross exams and asks if the girl could have been nervous. State psychologist says "no, she was clearly sad"
    -Defense calls out the psychologist for "asking leading questions" such as "how did (defendant name) abuse you" rather than "were you abused? who abused you?"
    -Defense is asked by judge to reword questions and statement as to not "badger" or "accuse the psychologist of bad practice".
    -Defense doesn't go any further.
    -Girl testifies on the stand and repeats the story.
    -Prosecution asks the girl to describe the defendant.
    -Girl says he has a small mark "when he is naked."
    -Prosecution asks specifically if the mark is near his "pee-pee"
    -Girl confirms.
    -State provides photos, taken as evidence, of the defendant's privates.
    -Photos show a small mark on inner thigh directly across from penis.
    -Mother testifies, but does not say anything other than she believes her daughter was abused by the defendant.
    -Mother agrees with defense's cross examination that she had no reason to suspect anything. She simply believes her daughter.
    -State rests.

    Defense:
    -Says the accusations are "bogus" and "way from left-field."
    -Says the mother has multiple boyfriends and any one of them could be the abuser if there IS an abuser.
    -Says the photos and girl's accurate description of a "mark" has no merit simply because it is visible in short shorts such as swimming trunks.
    -Defendant testifies and denies the accusation. He does not know why he is being accused of this, but thinks the mother has coerced her daughter.
    -Defense says there's no DNA evidence to prove anything.
    -Defense brings up the girl being asked leading questions specifically about mark(s) near his privates.
    -Defense repeats that this is not enough to find a person guilty.
    -Defense brings up that the girl does not even know how many times she was allegedly abused and that the mother confirmed that she had no reason to suspect anything.
    -Defense admits they found no motive for a false accusation, but reaffirms that the allegations are false.
    -Defense rests.


    JURY INSTRUCTION:
    Judge tells the jury(which you are apart of) that to find the defendant guilty of sexual battery on a child under 12 years of age the State must prove:

    1. the victim was less than 12 years of age
    2.
    ANY of the following(can also be all):

    (Defendant) committed an act [upon] [with] (victim) in
    which the sexual organ of the [(defendant)] [(victim)] penetrated or had union with the [anus] [vagina] [mouth] of the [(victim)] [(defendant)].

    (Defendant) committed an act upon (victim) in which the [anus] [vagina] of (victim) was penetrated by an object.

    (Defendant) injured the sexual organ of (victim) in an attempt to commit an act [upon] [with] (victim) in which the sexual organ of the [(defendant)] [(victim)] would have penetrated or would have had union with the [anus] [vagina] [mouth] of the [(victim)] [(defendant)].

    (Defendant) injured the sexual organ of (victim) in an attempt to commit an act upon (victim) in which the [anus] [vagina] of (victim) would be penetrated by an object.

    Judge provides the following "lesser included offenses" if you cannot find the defendant guilty of the state's charge, but you find him guilty of an offense:


    Category one:
    Felony Battery

    Category two(aka second option):
    Attempted sexual battery
    Assault
    Aggravated Assault
    Aggravated Battery


    If you find him NOT GUILTY of ANY offense, then you simply vote as such.


    VERDICT:

    As a jury member and after going through both the prosecution and defense's evidence, what's your verdict?
    test
  2. reznick

    reznick New Member

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    I would have to be there

    But interesting none the less



    It would be quite a bit of work to have an 8 year old live a lie like that in a court room with prosecutors, lawyers, a judge. That would have to be tough.



    Now if the girl said she knew the mark on the man, couldnt she have seen it while being abused?


    And there WAS dna tests taken? And they came negative?

    Id have the mom take the stand.


    If she didnt coerce this story, she should be willing to go on the stand




    Cant make a decision based off this info, but very interesting

    If you have jury duty, and this is what your dealing with, and your uncertain, I would go Not Guilty



    Better 100 guilty men run the streets free, than one innocent man be locked up
    test
  3. DocOctopus

    DocOctopus STFU and Listen

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    I'd have to say not guilty. just cuz theres no DNA. the mark is visible while clothed and the mother seems suspicious. i mean shit she had a 41 year old non family member babysit her daughter. theres nothin to tie the man to the crime. id be a shame if he was guilty but in a case like this ANY shred of doubt means you let him go. you dont ruin someones life over a maybe.
    test
  4. dmac0850

    dmac0850 New Member

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    test
  5. TheStatus02

    TheStatus02 Member

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    Yeah... about that. I'd rather have Mr. Jones from down the street locked up rather than 100 Green River Killers running free
    test
  6. DocOctopus

    DocOctopus STFU and Listen

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    put urself in mr. jones shoes and say that.
    test
  7. TheStatus02

    TheStatus02 Member

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    Put yourself in the victim's shoes and say that


    Mr. Jones is an asshole anyway. Faggot kept my football on Sandlot shit
    test
  8. DocOctopus

    DocOctopus STFU and Listen

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    we dont know for sure if its a victim or not. thats what im sayin bro. theres no where NEAR enough evidence to put homey in jail whether he did or didnt do it. if it was a murder case then maybe cuz someone actually died and even then not like a bar fight death or car hit death maybe like a serial killer cuz id put a 100 dudes that accidentally killed someone in a bar on the street over 100 serial killers cuz then theyd have to take the trip even if they might not have been guilty ya know? thats a risk u might not wanna take.

    but with this just let him go. you'd want to be let go if it was you. and if he's guilty the mom needed a better lawyer cuz this one came up with NOTHING.
    test
  9. TheStatus02

    TheStatus02 Member

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    Yeah I meant that in a way that 100 killers on the street or ACTUAL molesters

    From an objective standpoint.. let homedude go. No physical evidence and any evidence at this point is circumstantial. He can't be found guilty on testimony alone (he technically can but fuck that shit). Whether he did it or not, legal precedence says to let him go. The leading questions were a big mistake and the judge can S my D for getting mad at the lawyer for questioning the psychiatrist or w.e
    test
  10. Sloss Littlez

    Sloss Littlez KING SLOSS THE BOSS NIGGA

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    DNA tests were not taken for the simple fact that the victim only alleged oral sex and fondling. Had their been vaginal or anal penetration...it's possible.
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  11. criticize

    criticize New Member

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    with no evidence their is no case.

    not guilty cant believe that shit case made it to court.
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  12. dmac0850

    dmac0850 New Member

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    i dont know how you guys would say not guilty

    there is victim testimony where she identifies him (even if you think she said there was a mark from leading questions, she still initially claimed he did it).

    what is the reasonable doubt? that an 8 year old made up that someone made her give him a blow job? is it reasonable to think that a mother would allow her daughter to be molested by a boyfriend and protect him?

    btw THE MAN IS A 41 YEAR OLD BABY SITTER!!! have there been any character witnesses?? are there past clients that this guy has babysat or is he new to the field???
    test
  13. Eyerate

    Eyerate The Definition of Real..

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    burden is on the state to prove beyond a reasonable doubt.. without the childs live testimony there is literally zero chance i could rule as guilty of anything.
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  14. dmac0850

    dmac0850 New Member

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    Girl testifies on the stand and repeats the story.
    -Prosecution asks the girl to describe the defendant.
    -Girl says he has a small mark "when he is naked."
    -Prosecution asks specifically if the mark is near his "pee-pee"
    -Girl confirms.
    -State provides photos, taken as evidence, of the defendant's privates.
    -Photos show a small mark on inner thigh directly across from penis.


    so you would say guilty?
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  15. Jizznips

    Jizznips New Member

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    No way I am voting guilty for the two time champ of everything
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  16. reznick

    reznick New Member

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    Thats not beyond reasonable doubt. Beyond reasonable doubt means 100% certainty. If your on trial for killing someone, and its caught on tape, and you can be easily identified. The act of you killing that person is beyond reasonable doubt.
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  17. reznick

    reznick New Member

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    Thats because you assume Mr Jones cant be you



    All it takes is a mistaken ID and you could go to prison for the rest of your life. Happens all the time. Theres people who were on death row, who were found to be innocent by DNA tests. Some of those people have never committed a crime. Could be you.


    I think every Judge/Prosecutor/Lawyer should spend one month in prison before getting their licenses. I really feel this way.
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  18. Sloss Littlez

    Sloss Littlez KING SLOSS THE BOSS NIGGA

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    Derrick Williams was released last Monday after 18 years at Hardee CI here in FL.

    Derrick Williams released after 18 years

    ^

    DNA exonerated him thanks to the innocent project.

    I digress I know, but I was just adding to Reznick's post. that's all.
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  19. Sloss Littlez

    Sloss Littlez KING SLOSS THE BOSS NIGGA

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    I also find it interesting how none of you suggest a lesser included offense. Very interesting, especially since this isn't that uncommon.

    Both sides have provided good points... Dmac's intrigued me since that is something the jury would look long and hard at.(the marks)

    there's many explanations for it. tough case, huh?
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  20. reznick

    reznick New Member

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    no doubt sloss

    and this shit is becoming more and more common everyday as the tests become cheaper and more easily accessible
    test
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