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Message
re: Tucker: Lawyer for rapist admits def. will impugn accuser character
Posted on 3/23/17 at 8:47 pm to LSU12223
Posted on 3/23/17 at 8:47 pm to LSU12223
quote:
which is to persuade the jury that the defendant is not guilty.
By forcing the state to prove every bit of its case and pointing out where the state falls short.
Posted on 3/23/17 at 8:50 pm to Joshjrn
First off I want to know how they can use the defense that it was "consensual sex" when the girl is only 14? What is the age for consent in the state of Maryland?
Posted on 3/23/17 at 8:50 pm to LSU12223
quote:
The only problem is that you guys are slamming the lawyer of the illegal immigrants for doing his job. I'm sure he wants those a-holes in prison, but he has to do his job.
Doubtful. Aren't public defenders usually liberals?
It's awesome that illegals get their legal fees paid for by the tax payers for their rape activities (allegedly).
Posted on 3/23/17 at 8:51 pm to SabiDojo
quote:
We got a problem, cupcake?
Posted on 3/23/17 at 8:51 pm to papasmurf1269
quote:
First off I want to know how they can use the defense that it was "consensual sex" when the girl is only 14? What is the age for consent in the state of Maryland?
Per a poster on the other thread, a 14 year old can consent as long as the partner is no more than four years older.
Posted on 3/23/17 at 8:52 pm to roadGator
quote:
Doubtful. Aren't public defenders usually liberals?
Some are, some aren't.
Regardless, is it really your contention that liberals don't think forcible rapists should go to prison?
Posted on 3/23/17 at 8:55 pm to Joshjrn
§3–306. Sexual Offense in the Second Degree
(a) A person may not engage in a sexual act with another:
(1) by force, or the threat of force, without the consent of the other;
(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the sexual act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or
(3) if the victim is under the age of 14 years, and the person performing the sexual act is at least 4 years older than the victim.
(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.
(c) (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
(2) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.
(ii) A court may not suspend any part of the mandatory minimum sentence of 15 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (d) of this section, the mandatory minimum shall not apply.
(d) If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.
§3–307. Sexual Offense in the Third Degree
(a) A person may not:
(1) (i) engage in sexual contact with another without the consent of the other; and
(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or
4. commit the crime while aided and abetted by another;
(2) engage in sexual contact with another if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual;
(3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;
(4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or
(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.
(b) A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.
LINK
(a) A person may not engage in a sexual act with another:
(1) by force, or the threat of force, without the consent of the other;
(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the sexual act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or
(3) if the victim is under the age of 14 years, and the person performing the sexual act is at least 4 years older than the victim.
(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.
(c) (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
(2) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.
(ii) A court may not suspend any part of the mandatory minimum sentence of 15 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (d) of this section, the mandatory minimum shall not apply.
(d) If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection (c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.
§3–307. Sexual Offense in the Third Degree
(a) A person may not:
(1) (i) engage in sexual contact with another without the consent of the other; and
(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
3. threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping; or
4. commit the crime while aided and abetted by another;
(2) engage in sexual contact with another if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual;
(3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;
(4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or
(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.
(b) A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.
LINK
This post was edited on 3/23/17 at 8:57 pm
Posted on 3/23/17 at 8:55 pm to Joshjrn
quote:Ok. Defense still won't work imo.
Per a poster on the other thread, a 14 year old can consent as long as the partner is no more than four years older.
Posted on 3/23/17 at 8:56 pm to roadGator
quote:
It's awesome that illegals get their legal fees paid for by the tax payers for their rape activities (allegedly).
They are protected by the 14th amendment. So yes they will get legal fees paid for like any other person who cant afford a lawyer. I think most liberals are flat out terrible human beings, but there is no way in hell they would use this case to push a certain agenda across. This is about doing his job whether he likes it or not. If he wins the case he gets a good bit of money, so i feel the lawyer is doing this to do his job and get paid.
ETA: I am hoping the case gets resolved truthfully. If the defendant is not guilty, he should be deported immediately. If he loses then he should die in a US prison.
This post was edited on 3/23/17 at 8:59 pm
Posted on 3/23/17 at 9:08 pm to Joshjrn
quote:
Regardless, is it really your contention that liberals don't think forcible rapists should go to prison?
Posted on 3/23/17 at 9:27 pm to Bestbank Tiger
quote:But the flip side of this is the Rolling Stone UVA story, Duke LaCrosse case, Matress Girl, and a number of issues on campuses where the accused are presumed guilty, can never face his accuser, and is expelled or worse--when he was probably innocent or at least far from being guilty beyond reasonable doubt.
It's bad enough that she can't go to school without being brutally violated. Now she gets to have her name dragged through the mud.
And sometimes horrific crimes and clear guilt, before a trial, becomes a lot less clear and obvious during it.
Posted on 3/23/17 at 9:29 pm to Covingtontiger77
quote:
Tucker was beside himself: "is your soul ready to impugn the character of a 14yr old child that is stating she was raped?"
If only lawyers had souls.
Posted on 3/23/17 at 9:31 pm to Joshjrn
quote:
Joshjrn
''The first thing we do, let's kill all the lawyers,'' - Henry VI, Part II, act IV, Scene II, Line 73.
Posted on 3/23/17 at 9:33 pm to buckeye_vol
Everyone hates criminal defense lawyers until they need one.
I want everyone to have an excellent defense attorney. Its the only way to keep our government in check. Its the only defense against false accusations. I think people who are proven to have knowingly made false accusations, such as the Duke case, should have their wages garnished to pay for the defense of the people they falsely accused.
I want everyone to have an excellent defense attorney. Its the only way to keep our government in check. Its the only defense against false accusations. I think people who are proven to have knowingly made false accusations, such as the Duke case, should have their wages garnished to pay for the defense of the people they falsely accused.
Posted on 3/23/17 at 9:39 pm to Covingtontiger77
So someone shouldn't be able to face their accuser or her behavior isn't worth examining? People lie all the time.
Posted on 3/23/17 at 9:40 pm to LSU12223
quote:
If the defendant is not guilty, he should be deported immediately. If he loses then he should die in a US prison.
100% agree... if he's here illegally, even being suspect in a crime should be grounds for deportation, of course, after being found not guilty of the accused crime.... if guilty, prison in the US...
even though i'm socially liberal, i totally agree with your statement...
Posted on 3/23/17 at 9:43 pm to LSU12223
quote:
It's wrong morally but the lawyer is just doing his job. He is hired to help make the defendant not guilty, and this is the best way he can do that.
How do you make the guilty, not guilty?
A question for the lawyer folk here. (not throwing punches so take a breath). I just want to know.
As a defense attorney, how do you represent a client when you know that they are in fact, guilty of the crime they are accused of? How does that sit in the heart?
Posted on 3/23/17 at 9:44 pm to kcon70
You can be guilty (meaning you actually did the crime), and the court can rule you not guilty based on lack of evidence is what i was trying to say there.
Because they probably just dont care. They care about the money that they would receive.
quote:
As a defense attorney, how do you represent a client when you know that they are in fact, guilty of the crime they are accused of? How does that sit in the heart?
Because they probably just dont care. They care about the money that they would receive.
This post was edited on 3/23/17 at 9:46 pm
Posted on 3/23/17 at 9:46 pm to kcon70
quote:This is from a post from five0 in the other thread:
As a defense attorney, how do you represent a client when you know that they are in fact, guilty of the crime they are accused of? How does that sit in the heart?
quote:I had never thought of it that way as an outsider.
One of my mentors (highly regarded criminal defense attorney) told me defending the guilty is the easy part. "When you find yourself defending an innocent client, you will know sleepless nights." Imagine being directly responsible for an innocent person in prison because you screwed up.
This post was edited on 3/23/17 at 9:47 pm
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