Re: My Novel Woman Was Kidnapped at Birth - How to Sort Through Legal Issues
Only if she kidnapped the child to protect it from harm as SilenceintheLibrary mentioned above. That comment is what made me think of it.
Re: My Novel Woman Was Kidnapped at Birth - How to Sort Through Legal Issues
I'll have to do more research on jury nullification, but at first glance it looks like something that can be applied if the jury believes the law is unjust OR if they believe the law shouldn't be applied in a particular case. There are several mitigating factors in this case, so it could be possible, especially if she has an outstanding lawyer.
Re: My Novel Woman Was Kidnapped at Birth - How to Sort Through Legal Issues
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SilenceintheLibrary
I'll have to do more research on jury nullification, but at first glance it looks like something that can be applied if the jury believes the law is unjust OR if they believe the law shouldn't be applied in a particular case. There are several mitigating factors in this case, so it could be possible, especially if she has an outstanding lawyer.
A jury can do it for whatever reason they choose. It’s as simple as they agree to find the defendant not guilty regardless of whether the evidence proved otherwise. It is more often seen in situation where the jury believes the law is unjust but can also be used where the jury believes that although they don’t disagree with the law, regarding the case at hand they believe it is unjust to convict the defendant. That could be becsause of the circumstances surrounding crime cause them to see the criminal act as justified or that they have sympathy for the defendant for some reason and just believe convicting them and subjecting them to the punishment involved would not be the proper path.
There can be myriad reasons for a jury to nullify a prosecution. I, personally, intended to cause a trial to result in a non-conviction because I do not believe the judge involved is fair and impartial. Even after we were notified the case had been resolved without a trial he felt the need to tell the jury pool that the defendent was lucky he plead guilty since his penalty would have been 2-3 times greater had he went through with the trial. I believe a judge that penalizes a person for exercising their constitutional rights (including requiring the state to prove their case even if it was obvioius the defendent had acted as charged. Not all findings of not guilty are due to the fact the defendant wasn’t guilty. Sometimes it just because the state screwed up or they couldn’t overcome the burden of proof in the trial. I think we all know of cases where the defendent was obviously guilty but walked out of the courtroom a free person. Sometimes it’s heart wrenching to see such a situation but ultimately it makes the state perform as they should; to prove their case while complying with the rules and laws), regardless that the judge believes it to be an improper waste of resources, should be removed from the bench.
Re: My Novel Woman Was Kidnapped at Birth - How to Sort Through Legal Issues
EXACTLY what kind of harm would she be allegedly saving the child from?
Re: My Novel Woman Was Kidnapped at Birth - How to Sort Through Legal Issues
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cbg
EXACTLY what kind of harm would she be allegedly saving the child from?
That’s why i cannot see jury nullification as being reasonable in such a case
even if the kidnapper believed the child would die if they didn’t act, the argument fails due to the kidnapper keeping the child and raising it as hers. That proves the act was self serving. Otherwise, even if the person initially kidnapped the child, there are processes and agencies in place to deal with the situation once the threat of imminent harm has been removed. That could justify the initial act but cannot justify the continuation of the act.
while I could probably create a scenario where one might be able to justify the continuation, it would be so far removed from reasonable it wouldn’t be plausible.
Re: Legal Issues for a Child Who Was Kidnapped at Birth (For a Novel)
The system wasn't quite the same in the 1970s though. Before 2016, a girl of any age could marry a man of any age so long as she was having his baby. Men could get out of statutory rape charges just by marrying the victim. Such is the case here. A 13-year-old girl was impregnated by a man more than 20 years her senior and pushed into marriage by her parents, who insisted it was best for the baby. The story hit the news and became a national controversy, with the father of the baby advocating an extreme religious movement that states teen girls should marry older men. Our kidnapper, upon learning of the baby girl's birth, hatched a plan to kidnap her, believing it was best for both mother and baby. Indeed, the teen mom, now without her baby, no longer felt she had to remain in the unwanted marriage and ran away to her aunt and uncle, who made sure she finished her education. She publicly stated that she hoped whoever took her baby would take good care of her because she didn't know how. There is no question that her life was improved by not having the baby, whom she would probably have given up for adoption if she could have. Had the baby been returned to her father, he would have brought her up according to his beliefs, that girls should have a homeschool education focused on learning to be a wife and mother, then enter an arranged marriage with an older man at the youngest legal age. There is also the very real concern that a man who has a sexual interest in young girls might harm his own daughter. The kidnapper could not have gotten help from the authorities, because they would have returned the child to her father. While his ideology would disgust most of us, it was still perfectly legal. Of course there was nothing legal about the kidnapper's actions, but a modern jury might find her more sympathetic than the birth father and grandparents, particularly with the birth mother testifying that she believes it was for the best.
Re: Legal Issues for a Child Who Was Kidnapped at Birth (For a Novel)
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The system wasn't quite the same in the 1970s though. Before 2016, a girl of any age could marry a man of any age so long as she was having his baby.
in what state? And if you are going to write a story with very specific, and unusual, laws from a state, you should make that clear. In general your statement is not true on a national basis.
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Indeed, the teen mom, now without her baby, no longer felt she had to remain in the unwanted marriage
do you have any children? I’m male so it is somewhat different but of all the women I know, I cannot imagine a single one being relieved if their child was kidnapped. That flies in the face of natural instincts. A parent will naturally want their child with them, even if it puts their own life in turmoil or even under fear of death.
[QUOTE]There is also the very real concern that a man who has a sexual interest in young girls might harm his own daughter. The kidnapper could not have gotten help from the authorities, because they would have returned the child to her father. While his ideology would disgust most of us, it was still perfectly legal.[QUOTE]
now you’ve really lost me. Where has incest been legal and where has it ever been legal to have an unnatural sexual interest in infants?
Re: Legal Issues for a Child Who Was Kidnapped at Birth (For a Novel)
Sorry, I meant to specify Virginia. And I'm here to discuss legal issues, not my storytelling abilities.
Re: Legal Issues for a Child Who Was Kidnapped at Birth (For a Novel)
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SilenceintheLibrary
Sorry, I meant to specify Virginia. And I'm here to discuss legal issues, not my storytelling abilities.
I was speaking to the legal inaccuracies you posted.
Re: Legal Issues for a Child Who Was Kidnapped at Birth (For a Novel)
I didn't say incest was legal. The baby was kidnapped at birth. Her abductor was concerned that he might sexually abuse his daughter when she got older, not that he had already done it. My personal life is not relevant to the post, but as I stated, the birth mother did not want a baby and would have preferred putting her up for adoption if she'd felt that was an option.