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Old Sep 20, 2007, 02:13 pm   #13 (permalink) (top)
tivodan1116
Juris Doctor
 
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Location: NY
Posts: 2,182
Quote:
Quote by: Thanatos View Post
...And how am I supposed to respond to that? Don't you get it? Leaving a noose hanging about may not be a direct threat but it has a really obvious implication. Mainly, death.
Maybe to you.

First of all, an indirect threat is not something that someone can be arrested for. If a person says "damn, I could kill someone", that is an indirect threat. There has to be specificity in the nature of the threat. Hanging a noose from a tree is not a crime because it is not specific.

And again, you are supposed to respond by ignoring it. Not ganging up with your friends and assaulting the person you think did it more than three months later after the "threat" was clearly gone.

Quote:
And you just assume the police will help and that they can afford to pay for the lawyers?
1) It is reasonable to expect that the police will act upon receiving knowledge of a crime committed. Since no crime was committed, they had nothing to act on.

2) Pay for what lawyers??? If a person reports a crime to the police, there is no cost to them. Victims of a crime are not charged for the cost of prosecution. Furthermore, if the prosecution was successful and/or the offenders take a plea bargain, any attorney in the world would take that case on a contingency basis since the principles of res judicata and collateral estoppal would allow the victim (now plaintiff) to use all of the evidence from the criminal trial plus their convictions to establish a case.

Quote:
Do you know anything about the legal system, or did you learn it all off Law and Order where the pro bono guys are worth having and success doesn't correlate strongly with cash? I find your mix of idealism and heartlessness...disturbing.
LOL... I learned about the legal system from working in it. Also, from this little place that teaches a bit about the legal system called law school. Judging ("judging" - get it? :) ) by your total lack of understanding regarding how cases are tried and attorneys are paid, I'm guessing you have never been there.

As I said above, the prosecutors are paid by the state in a criminal case. Many times, they are quite good.
Success in a plaintiff's civil rights or injury case (suing someone over hanging up a noose would be one of these) does not correlate strongly with cash because there is no upfront cash - the lawyers are paid on contingency.

And if you want to talk about idealism, I find your idealist view that everyone should be nice and people who aren't nice should be forced to pay merely for being not nice ridiculous.

Once again - You do not have a Constitutional right to not be offended.


"But it wasn't until he met his beautiful wife that he learned using logic and reason isn't enough. You have to be a dick to everyone who doesn't think like you." - South Park on Richard Dawkins
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