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Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

Shageletic posted:

That's a pretty hefty claim, especially since sexual assault absolutely correlates with an environment where men have carte blanche to assault without consequences.

not every abuser was abused, but abusers are much, much more likely to have been abused as a child than people who don't molest children.

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Bust Rodd
Oct 21, 2008

by VideoGames
https://twitter.com/vicenews/status/1410277410025639943?s=21

Bust Rodd
Oct 21, 2008

by VideoGames
Sorry for Double Post but this deserves its own WHAT DA FUQ?

https://twitter.com/rachelyonkunas/status/1410274793513959430?s=21

https://twitter.com/geoffrbennett/status/1410277280203657223?s=21

Shageletic
Jul 25, 2007

This is like the beginning of a Death Wish movie

egon_beeblebrox
Mar 1, 2008

WILL AMOUNT TO NOTHING IN LIFE.




God loving drat it what a joke

Peaceful Anarchy
Sep 18, 2005
sXe
I am the math man.

The decision: https://www.pacourts.us/assets/opinions/Supreme/out/J-100-2020mo%20-%20104821740139246918.pdf?cb=1

I'm not reading 79 pages of legal opinion, but the TLDR seems to be that he was given immunity in order to force him to testify in a civil case at a time when it was reasonably expected that a criminal case would not be successful, he did testify in that civil case giving various self incriminating statements, those statements, once unsealed, were later used to prosecute and convict him.

I didn't follow the case so I don't know how much those statements played a role in his future conviction, nor do I understand if the judgement is "you shouldn't have used those statements" or "once you gave him immunity you can't prosecute him, even with completely separate evidence." The general principle of the ruling seems to be that you can't, as a DA, promise someone immunity and have your successor rescind that.

Bust Rodd
Oct 21, 2008

by VideoGames
That feels less important than sending a serial rapist to prison, but I’m not a lawyer…

Samuel Clemens
Oct 4, 2013

I think we should call the Avengers.

Peaceful Anarchy posted:

I didn't follow the case so I don't know how much those statements played a role in his future conviction, nor do I understand if the judgement is "you shouldn't have used those statements" or "once you gave him immunity you can't prosecute him, even with completely separate evidence."

The former, as I understand it. Crossposting from the USnews thread, which is talking about the same topic right now:

Leon Trotsky 2012 posted:

The reasoning is because the prosecutor declined to charge Cosby for one of the rapes, which forced him to testify in a civil case, and the state then used that testimony to prosecute Cosby, which "coerced a confession" to attain the verdict.

ImpAtom
May 24, 2007

I am so overwhelming angry right now.

Roth
Jul 9, 2016

Boy I sure do love legal technicalities

pentyne
Nov 7, 2012
This is apparently not that unheard of, as the DA and prosecutions will routinely pull illegal poo poo like this to win and the only people who can fight it are the wealthy.

Bust Rodd
Oct 21, 2008

by VideoGames
Jesus Christ imagine being the judge on this case and just going "whelp, ya got me over a barrel, there's just nothing to be done!" as though Judges aren't essentially living gods in this country who can do basically whatever they want.

Macdeo Lurjtux
Jul 5, 2011

BRRREADSTOOORRM!

Peaceful Anarchy posted:



I didn't follow the case so I don't know how much those statements played a role in his future conviction, nor do I understand if the judgement is "you shouldn't have used those statements" or "once you gave him immunity you can't prosecute him, even with completely separate evidence." The general principle of the ruling seems to be that you can't, as a DA, promise someone immunity and have your successor rescind that.

It came up a lot during the initial trial, there were several motions to suppress the sealed testimony that found in the governments favor. It's terrible but coerced testimony is coerced testimony, you don't get to pick and choose when it applies.

The crux here, though, is that there was no signed proffer. That alone would get anyone with less than $1,000 an hour legal counsel convicted.

Macdeo Lurjtux fucked around with this message at 19:14 on Jun 30, 2021

Ghost Leviathan
Mar 2, 2017

Exploration is ill-advised.

Shageletic posted:

That's a pretty hefty claim, especially since sexual assault absolutely correlates with an environment where men have carte blanche to assault without consequences.

Yeah, if anything growing up in an environment where your female peers are being assaulted without consequences is going to have some pretty logical effects on boys. These behaviours are learned and taught. Which I suppose works just as well for being victims of abuse, but still.

pentyne posted:

This is apparently not that unheard of, as the DA and prosecutions will routinely pull illegal poo poo like this to win and the only people who can fight it are the wealthy.

Yyyep. Combine the culture of prosecutors and cops being locking people away to boost your high score, with blatant pay-to-win courts... :capitalism:

Ghost Leviathan fucked around with this message at 19:27 on Jun 30, 2021

Groovelord Neato
Dec 6, 2014


It's not a technicality it's prosecutorial misconduct.

Chris James 2
Aug 9, 2012


So we've had two accused rapist Presidents in a row, Cosby get a conviction overturned, Spacey get back into films

Things have probably felt bleaker before, but this still feels significantly drat bleak

Alan Smithee
Jan 4, 2005


A man becomes preeminent, he's expected to have enthusiasms.

Enthusiasms, enthusiasms...

Chris James 2 posted:

So we've had two accused rapist Presidents in a row, Cosby get a conviction overturned, Spacey get back into films

Things have probably felt bleaker before, but this still feels significantly drat bleak

red pillers: "Nature is healing. Cancel Culture is over"

pentyne
Nov 7, 2012

Bust Rodd posted:

Jesus Christ imagine being the judge on this case and just going "whelp, ya got me over a barrel, there's just nothing to be done!" as though Judges aren't essentially living gods in this country who can do basically whatever they want.

I think the ruling judge basically went "no I won't give cover/precedence to what could be deemed a coerced confession"

Lots of other judges are fine with it, given how many people are still in prison from a statement they signed after being held in a police interrogation room for 18 hours without food or water, but it's definitely not something you can criticize a judge for taking a hard line against.

Samuel Clemens
Oct 4, 2013

I think we should call the Avengers.

Yeah, the issue isn't the judge upholding the law even if in this case the beneficary was a vile scumbag. It's the fact that prosecutors routinely try borderline illegal tactics like these to screw over people and usually get away with it unless the defendant is rich enough to fight them, as Cosby was.

Macdeo Lurjtux
Jul 5, 2011

BRRREADSTOOORRM!

pentyne posted:

I think the ruling judge basically went "no I won't give cover/precedence to what could be deemed a coerced confession"

Lots of other judges are fine with it, given how many people are still in prison from a statement they signed after being held in a police interrogation room for 18 hours without food or water, but it's definitely not something you can criticize a judge for taking a hard line against.

It wasn't a single judge, it was the state Supreme Court. The same body that had indicated they wanted to overturn the conviction and were looking for a reason. So really this doesn't feel great for anyone that isn't Cosby.

I'd love a reporter to dig into how many cases tried by the judges in the majority decision ended up siding with the prosecutor despite a physically coerced confession.

Macdeo Lurjtux fucked around with this message at 21:20 on Jun 30, 2021

Bust Rodd
Oct 21, 2008

by VideoGames
“It’s actually better for a serial rapist to go free, because otherwise there would be an injustice!” - the dumbest motherfuckers in Pennsylvania

Zogo
Jul 29, 2003

https://twitter.com/tracydavidson/status/1410319912044740611

Timeless Appeal
May 28, 2006

Chris James 2 posted:

So we've had two accused rapist Presidents in a row, Cosby get a conviction overturned, Spacey get back into films

Things have probably felt bleaker before, but this still feels significantly drat bleak
Marital rape was not illegal nationwide in the US till 1993 and even then we only got rid of laws that protected rapists in marital rape scenarios up till like two years ago. It's always been a bleak time when we talk about sexual abuse and rape.

pentyne
Nov 7, 2012

Bust Rodd posted:

“It’s actually better for a serial rapist to go free, because otherwise there would be an injustice!” - the dumbest motherfuckers in Pennsylvania

Yeah i know, encouraging a legal system where following the law is merely a suggestion for cops and prosecuters would surely have no negative consequences.

Mameluke
Aug 2, 2013

by Fluffdaddy
That is already the system, it's not like Cosby's argument succeeding created an impetus for poor people's analoguous situations to be investigated

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

Mameluke posted:

That is already the system, it's not like Cosby's argument succeeding created an impetus for poor people's analoguous situations to be investigated

It creates a citeable legal precedence that someone who actually doesn't belong in jail might be able to use to get out.

It's like OJ, he definitely killed Nicole Simpson, but they hosed that case up so badly I don't feel super bad about the not guilty verdict. If police and prosecutors actually did their jobs right this wouldn't be an issue.

AceOfFlames
Oct 9, 2012

Skwirl posted:

It creates a citeable legal precedence that someone who actually doesn't belong in jail might be able to use to get out.

That is a good thing, yes, but can you imagine being wrongfully accused and only getting out because of Bill loving Cosby. That must loving suck.

Bust Rodd
Oct 21, 2008

by VideoGames

pentyne posted:

Yeah i know, encouraging a legal system where following the law is merely a suggestion for cops and prosecuters would surely have no negative consequences.

The injustice of Cosby going free is a greater injustice than the injustice of him going to jail, because he should be in jail, because of all the rapes he committed that he has never once shown contrition, shame, or guilt over. If you really think now is the time to be a rules lawyer, then you are playing Devil’s advocate for a serial rapist, it’s not that complicated.

John Wick of Dogs
Mar 4, 2017

A real hellraiser


Him buying his way out of consequences on technicalities with money isn't going to help the innocent people who have actually been railroaded by the legal system

pentyne
Nov 7, 2012

Bust Rodd posted:

The injustice of Cosby going free is a greater injustice than the injustice of him going to jail, because he should be in jail, because of all the rapes he committed that he has never once shown contrition, shame, or guilt over. If you really think now is the time to be a rules lawyer, then you are playing Devil’s advocate for a serial rapist, it’s not that complicated.

Yeah laws shouldn't apply to people we don't like.

pentyne fucked around with this message at 22:45 on Jun 30, 2021

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

AceOfFlames posted:

That is a good thing, yes, but can you imagine being wrongfully accused and only getting out because of Bill loving Cosby. That must loving suck.

Like with OJ (and wasn't there something hinky with evidence handling in the Timothy McVeigh case?), if they gently caress up this badly on cases they know are making national news, imagine what they do on cases no one is paying attention to.

Chris James 2
Aug 9, 2012


Bust Rodd posted:

The injustice of Cosby going free is a greater injustice than the injustice of him going to jail, because he should be in jail, because of all the rapes he committed that he has never once shown contrition, shame, or guilt over. If you really think now is the time to be a rules lawyer, then you are playing Devil’s advocate for a serial rapist, it’s not that complicated.

:agreed:

Martman
Nov 20, 2006

hopefully he dies within like a month anyway

AceOfFlames
Oct 9, 2012

Martman posted:

hopefully he dies within like a month anyway

That’s what I’m hoping. Dude doesn’t look like he’s long for this world anyway.

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.
It sucks a rapist got out of jail early, but maybe the prosecutors should follow the loving law when prosecuting cases?

graventy
Jul 28, 2006

Fun Shoe
It's super cool that I can basically bribe a prosecutor to agree not to charge me and then I can never be charged for that crime. That's the only message I'm taking from this.

PoontifexMacksimus
Feb 14, 2012

https://twitter.com/tariqnasheed/status/1410283032519462915

Air Skwirl
May 13, 2007

Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed shitposting.

graventy posted:

It's super cool that I can basically bribe a prosecutor to agree not to charge me and then I can never be charged for that crime. That's the only message I'm taking from this.

Bill Cosby is a monster, but I don't think the solution is making cops and prosecutors less accountable for their actions when they also violate the law.

Pirate Jet
May 2, 2010

Skwirl posted:

It sucks a rapist got out of jail early, but maybe the prosecutors should follow the loving law when prosecuting cases?

If the rule brought you to this, then what use was the rule?

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graventy
Jul 28, 2006

Fun Shoe

Skwirl posted:

Bill Cosby is a monster, but I don't think the solution is making cops and prosecutors less accountable for their actions when they also violate the law.

Oh? Will the prosecutor be charged for this incredible misconduct?

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