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  1. #1
    Join Date
    Sep 2009
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    9

    Default Rights of Accused vs. Rights of Society

    Can somebody give some hints on how we can better protect Society with all of the constitutional rights afforded to the accused.

  2. #2
    Join Date
    Jan 2006
    Posts
    20,744

    Default Re: Rights of Accused V Rights of Society

    not sure what you seek (other than answers to your homework)

    we have the system we have. Alleged criminals have a right to reasonable bail in most cases so you cannot simply keep them locked up.

    the only thing that would make it better would be to hire a policeman to babysit the alleged criminal 24/7.

    You got any ideas?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Aug 2007
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    3,837

    Default Re: Rights of Accused vs. Rights of Society

    Quote Quoting theboss
    View Post
    Can somebody give some hints on how we can better protect Society with all of the constitutional rights afforded to the accused.

    Have you ever reviewed the Great Magna Carta of 1215?

    RIGHTS of not only the accused but the general people have centuries of foundation.

    The govt. is a powerful entity, if you did not have protections you could be arrested and held indefinitely for a minor crime. Sounds like Gitmo!

    Decades ago it did not offend the federal constitution to take a person in "for questioning", fact specific, even absent probable cause to charge a crime. This is no longer permitted, as "investigative detention" or such, is UNconstitutional. The SC stated it is no different from a "traditional arrest" and can not be allowed in this country.

    If a person who is factually innocent is ever charged wih a Capital crime, you can bet he or she is appreciative these protections exist.

    Compared to Jurisprudence in other countries, we should be thankful we live here and have our Bill of Rights, my userame, BOR.

    Some Somalian govt. group has begun whipping women who wear untasteful bra's? Democracy?? NOT!!

  4. #4
    Join Date
    Jan 2006
    Posts
    20,744

    Default Re: Rights of Accused vs. Rights of Society

    Quote Quoting BOR
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    Some Somalian govt. group has begun whipping women who wear untasteful bra's? Democracy?? NOT!!
    I don't know BOR. There is some pretty tacky clothing out there and, in my mind, one is worthy of being punished for wearing it.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  5. #5
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Rights of Accused vs. Rights of Society

    Actually one has nothing to do with the other, or you can argue one is the same thing as another.

    You can quickly go from a member of society to being the accused. Look at the level of arrests and incarceration in the U.S. We are also well on our way to being a virtual police state.

    Most rights of the accused (and accused does NOT mean convicted of anything) are pre-trial. Rights to appeal and so forth are not implicated in your generally stupid question, as we are talking about rights of the "accused", not the convicted.

    Let me see, which amendment of the Constitution would you like to do away with? Do you think police should be able to arrest people without probable cause? Should we do away with Miranda rights? Should we do away with court appointed attorneys? Should we do away with bail?

    Well, all of this is well established law, and as you are obviously not very bright, I am not too worried about you becoming Dictator of the United States and doing away with the rule of law.

  6. #6
    Join Date
    Jul 2009
    Posts
    246

    Default Re: Rights of Accused vs. Rights of Society

    Quote Quoting theboss
    View Post
    Can somebody give some hints on how we can better protect Society with all of the constitutional rights afforded to the accused.
    You must be kidding. Constitutional rights don't amount to much, really. Law enforcement does just fine with the tools it has.

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