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  1. #11
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    Jul 2018
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    2,213

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting lalafreed
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    My boyfriend(now husband) was convicted of raping me, I wasn't/he didn't. Even though I told the DA that it never happened and they had no proof, they proceeded with the charges and won.
    If "they . . . won" and he was convicted, that means your statement that "they had no proof" is absolutely incorrect. A conviction could not have occurred unless the evidence presented convinced the jury, unanimously, that the crime had been committed beyond a reasonable doubt.


    Quote Quoting lalafreed
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    Any help, advice or questions are welcome.
    His appeal is coming up soon, within the next few months.
    Not really sure what you're asking or what you mean when when you say "His appeal is coming up soon." If he has appealed the conviction, then he'll have to await the outcome of the appeal. If he has questions, he should direct them to his attorney.

  2. #12
    Join Date
    Feb 2020
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    224

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting pg1067
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    If "they . . . won" and he was convicted, that means your statement that "they had no proof" is absolutely incorrect. A conviction could not have occurred unless the evidence presented convinced the jury, unanimously, that the crime had been committed beyond a reasonable doubt.

    Not really sure what you're asking or what you mean when when you say "His appeal is coming up soon." If he has appealed the conviction, then he'll have to await the outcome of the appeal. If he has questions, he should direct them to his attorney.
    Since when is evidence proof of anything?

  3. #13
    Join Date
    Oct 2016
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    3,805

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Harold99
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    Since when is evidence proof of anything?
    The proof or lack of it is the totality of the evidence provided to the jury.

  4. #14
    Join Date
    Mar 2020
    Posts
    7

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting adjusterjack
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    Legally unavailable is not the same as available.
    Legally blind is not the same as blind.
    Legally dead is not the same as dead.
    Legally liable is not the same as liable.
    Legally incompetent is not the same as incompetent.

    What do all those have in common? To be preceded by "legally" all those conditions require a court ruling except, perhaps, legally blind which has to meet government mandated standards in order to be eligible for government benefits.
    Thank you for explaining that for some of these people. It's a definite "legal" term, a ruling given by the judge.
    I was at every court date I knew about, even if my husband was not brought over from the jail. I wanted to be there, to know what was going on first hand and show my strength and solidarity. I was not a faceless "victim", I did not just change my story and run away.
    I was very available, just not for how the DA wanted to use me.

  5. #15
    Join Date
    Jan 2016
    Posts
    440

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Harold99
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    Since when is evidence proof of anything?
    Statements like this is why you're not taken seriously, Harold. What, exactly, do you think evidence is?

  6. #16
    Join Date
    Feb 2020
    Posts
    224

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Shadowbunny
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    Statements like this is why you're not taken seriously, Harold. What, exactly, do you think evidence is?
    The OP and I know what evidence is because we have both been in trial and watched it get suppressed and/or discarded by the jury like it was toilet paper.

    When someone says "I have evidence of .............," that's when I bust out laughing inside.

    All that matters is how biased and stupid the jury is and how skilled the lawyers are. Evidence is very secondary to those factors.

    That is what evidence is.

  7. #17
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    377

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting lalafreed
    View Post
    Thank you for explaining that for some of these people. It's a definite "legal" term, a ruling given by the judge.
    I was at every court date I knew about, even if my husband was not brought over from the jail. I wanted to be there, to know what was going on first hand and show my strength and solidarity. I was not a faceless "victim", I did not just change my story and run away.
    I was very available, just not for how the DA wanted to use me.

    I understand the differences Jack points out. The point was, the case Ron linked internally never used the term "Legally unavailable" just "Available", but in the context of the facts, he appeared to be "Legally unavailable" yes, as opposed to unavailable with no legal justification, such as fleeing to avoid prosecution. I understand the your useage, and it really is not any big issue to raise Cain over.


    "Insane" is a medical term, and a person can be declared Insane by a Doctor, that requires no legal ruling in and of itself, but that does not mean he is "legally insane" unless such court determination. I understand all of the facts Jack pointed out.

  8. #18
    Join Date
    Mar 2013
    Posts
    17,777

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Harold99
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    All that matters is how biased and stupid the jury is and how skilled the lawyers are. Evidence is very secondary to those factors.
    I've seen examples of that first hand on a number of civil cases and the statistics of those wrongfully convicted in criminal trials and later exonerated are appalling.

    https://www.innocenceproject.org/dna...united-states/

    http://caught.net/innoc.htm

  9. #19
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    377

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting Harold99
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    All that matters is how biased and stupid the jury is and how skilled the lawyers are. Evidence is very secondary to those factors.
    A defendant is entitled to a Bench trial also, so the jury theory there is moot.

  10. #20
    Join Date
    Mar 2013
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    17,777

    Default Re: Wrongful Conviction- and I'm the "Victim"

    Quote Quoting RJR
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    A defendant is entitled to a Bench trail also, so the jury theory there is moot.
    Judges can be just as biased and stupid as juries. That's what keeps the appeals courts busy.

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