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re: Deputies arrest 4 in LSU student Madison Brooks case

Posted on 1/24/23 at 2:50 pm to
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
478452 posts
Posted on 1/24/23 at 2:50 pm to
quote:

the defense is not burdened with having to prove anything.

Says a book. Not how it works in real life with real people.

Just like how the law says "reasonable doubt" but it's easier than a preponderance for the state, where the burden shifts to the defense.

That's how it is in most jurisdictions.
This post was edited on 1/24/23 at 2:50 pm
Posted by Chad504boy
4 posts
Member since Feb 2005
179354 posts
Posted on 1/24/23 at 2:50 pm to
white boy wasn't driver?
Posted by Proximo
Member since Aug 2011
24578 posts
Posted on 1/24/23 at 2:50 pm to
quote:

Was not the side of the road.


So they claim. It doesn't matter though--it only needed to be foreseeable
Posted by LNCHBOX
70448
Member since Jun 2009
89201 posts
Posted on 1/24/23 at 2:50 pm to
quote:

well if they videoed it, then we won't have to assume that's what happened, like everyone is doing here.


Are you fricking stupid? She had a .319 BAC and two guys had sex with her. There is no question of whether she was raped legally speaking.

If you're a lawyer, you're a god awful one.
This post was edited on 1/24/23 at 2:51 pm
Posted by Tomatocantender
Boot
Member since Jun 2021
5608 posts
Posted on 1/24/23 at 2:51 pm to
quote:

Ok semantics man.


Not semantics. A FACT you slow shite.
Posted by JodyPlauche
Baton Rouge
Member since Aug 2009
9954 posts
Posted on 1/24/23 at 2:51 pm to
quote:

I like the way you worded that, excellent point. However, can that analogy carry over to a criminal court room and be a legal precedent?


Pretty sure the law is on the books. People are unable to give consent if they are underage, intoxicated, mentally disabled, and unconscious.

What the defense attorney is gonna have a problem with is the BAC.

In most reported sexual assault cases...the victim doesn't report it for a few days later and the proof of the BAC is not available. And the lawyer already admitted in the video you can tell she is impaired.

He needs to start working on a plea deal imo
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
478452 posts
Posted on 1/24/23 at 2:51 pm to
quote:

which is part of a continuous sequence


quote:

continuous


Dropping a girl off at a house in a subdivision both separates the continuity AND reduces the reasonableness of foreseeing danger.
Posted by LNCHBOX
70448
Member since Jun 2009
89201 posts
Posted on 1/24/23 at 2:51 pm to
quote:

Not semantics


It's 100% semantics. You're gonna have to try with someone else to play that game.
Posted by Mr Clean
Power I-Formation
Member since Aug 2006
53575 posts
Posted on 1/24/23 at 2:51 pm to
Bonds set
This post was edited on 1/24/23 at 2:52 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
478452 posts
Posted on 1/24/23 at 2:53 pm to
quote:

Carver: $50,000 + drug testing, house arrest, GPS monitor with CTS, no firearm, no contact with victim’s family.

Lee: $75,000 + drug testing, house arrest, GPS monitor with CTS, no firearm, no contact with victim’s family


OT about to become big mad. I may stop posting about this
Posted by Proximo
Member since Aug 2011
24578 posts
Posted on 1/24/23 at 2:54 pm to
no it doesn't. They claimed she was dropped in a neighborhood, not "at a house."

It is absolutely arguable that leaving a raped, .319 BAC girl (that they knew could hardly stand) on the side of a road could be hit and killed. It was absolutely a continuous series of events
Posted by tigerinthebueche
Member since Oct 2010
38107 posts
Posted on 1/24/23 at 2:56 pm to
quote:

that's not what happened. Try to keep up and base your stupid arse opinions with facts.


where did they drop her? tell me smart arse. Was it at a home? a business? per the affidavit, they "dropped her off in a subdivision". Thats not a legit place to dump an incoherent person regardless of whether your a rapist or an Uber driver.

Posted by TROLA
BATON ROUGE
Member since Apr 2004
14842 posts
Posted on 1/24/23 at 2:56 pm to
quote:

This is the thing that has driven me nuts all day. This situation is horrible enough. Why do you people have to interject this hyperbolic bullshite? What is wrong with you to where you immediately make a terrible situation 10x worse in your mind without any need to do so


What about this situation would lead anyone to believe that the benign story these 4 put out is remotely close to what happened. The only facts we know are that she’s dead, had BAC over .3 and had sex with at least two of them which in her state was not possibly consensual..

They lawyered up went the race route for additional cover and painted a picture that is bad but simple common sense leads to a more terrible journey
Posted by Tomatocantender
Boot
Member since Jun 2021
5608 posts
Posted on 1/24/23 at 2:56 pm to
quote:

Says a book. Not how it works in real life with real people.

Just like how the law says "reasonable doubt" but it's easier than a preponderance for the state, where the burden shifts to the defense.

That's how it is in most jurisdictions.


Understood. I was simply replying with said book answer. Nothing more nothing less. I now understand what you meant because you clarified it.
Posted by HouseMom
Member since Jun 2020
1933 posts
Posted on 1/24/23 at 2:57 pm to
quote:

Why do you people have to interject this hyperbolic bullshite? What is wrong with you to where you immediately make a terrible situation 10x worse in your mind without any need to do so?



There was no emotion in the questions I just asked. I was just wondering if there was video evidence, cell phone pings, something that would place her there. The news articles are only quoting Caver (the driver and probably lying through his teeth) and the attorney.

The way this situation ended is extremely important as to the extent of the charges.
Posted by Jim Rockford
Member since May 2011
105471 posts
Posted on 1/24/23 at 2:57 pm to
quote:

and i would bet money that what happened was rape,


If she was too impaired to consent (.319 BAC) SHE WAS RAPED.
Posted by OweO
Plaquemine, La
Member since Sep 2009
122310 posts
Posted on 1/24/23 at 2:58 pm to
quote:

So, that makes it ok for what these men did to her? How many questionable decisions have you lived to tell about? Stop punting the ball. This woman was raped and left on the side of the road, like an animal. She was subsequently run over and is now dead.





How did you get this from what you were responding to?
Posted by Breauxsif
Member since May 2012
22790 posts
Posted on 1/24/23 at 2:59 pm to
The 28 year old frick only needs to come up with $7.5K cash to get out of the EBRPP?

$5K for the driver? And around $15K for the for that other piece of shite?

frick
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
478452 posts
Posted on 1/24/23 at 3:00 pm to
quote:

It was absolutely a continuous series of events

Once they dropped her off, the continuity ended. That's the issue.

That's why you need continuity and reasonable foreseeability. If she was hit on Burbank, they'd have to drop her off on the road AND have the impact relatively quickly to get both. The further they brought her into the subdivision, the less reasonable it becomes. The continuity breaks once she's dropped off.
Posted by tigerinthebueche
Member since Oct 2010
38107 posts
Posted on 1/24/23 at 3:00 pm to
quote:

i'm not going to jump to conclusions when all of the facts aren't out yet. I think you can assume very safely that at the very least they took advantage of a very drunk girl, and in most instances it's going to be rape.


I would also think there are cameras on the entrance of this neighborhood. Maybe they did drop her off right at the entrance, and not in the neighborhood, and maybe there's a video of her walking near Burbank. Hopefully so.






quote:

Try to keep up and base your stupid arse opinions with facts.
you stupid MFr
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