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Free Talk Live => General => Topic started by: ox on November 06, 2010, 01:26:03 AM

Title: What would you do if you were a juror?
Post by: ox on November 06, 2010, 01:26:03 AM

http://ftp.resource.org/courts.gov/c/F2/992/992.F2d.601.91-6442.html (http://ftp.resource.org/courts.gov/c/F2/992/992.F2d.601.91-6442.html)
Title: Re: What would you do if you were a juror?
Post by: BonerJoe on November 06, 2010, 01:35:34 AM
I thought prisoners had no Constitutional rights?
Title: Re: What would you do if you were a juror?
Post by: slayerboy on November 06, 2010, 04:45:53 AM
I thought prisoners had no Constitutional rights?

I thought that too, but I found something that makes sense to me:
Quote from: http://caselaw.lp.findlaw.com/data/constitution/amendment14/17.html
Until relatively recently the view prevailed that a prisoner ''has, as a consequence of his crime, not only forfeited his liberty, but all his personal rights except those which the law in its humanity accords to him. He is for the time being the slave of the state.'' 139 This view is not now the law, and may never have been wholly correct. 140 In 1948 the Court declared that ''[l]awful incarceration brings about the necessary withdrawal or limitation of many privileges and rights''; 141 ''many,'' indicated less than ''all,'' and it was clear that the due process and equal protection clauses to some extent do apply to prisoners. 142 More direct acknowledgment of constitutional protection came in 1972: ''[f]ederal courts sit not to supervise prisons but to enforce the constitutional rights of all 'persons,' which include prisoners. We are not unmindful that prison officials must be accorded latitude in the administration of prison affairs, and that prisoners necessarily are subject to appropriate rules and regulations. But persons in prison, like other individuals, have the right to petition the Government for redress of grievances. . . .'' 143 However, while the Court affirmed that federal courts have the responsibility to scrutinize prison practices alleged to violate the Constitution, at the same time concerns of federalism and of judicial restraint caused the Court to emphasize the necessity of deference to the judgments of prison officials and others with responsibility for administering such systems. 144

This is an interesting case, but IMHO relatively easy:
Quote from: http://caselaw.lp.findlaw.com/data/constitution/amendment14/17.html
Fourth Amendment protection is incompatible with ''the concept of incarceration and the needs and objectives of penal institutions,'' hence a prisoner has no reasonable expectation of privacy in his prison cell protecting him from ''shakedown'' searches designed to root out weapons, drugs, and other contraband. 155 Avenues of redress ''for calculated harassment unrelated to prison needs'' are not totally blocked, the Court indicated; inmates may still seek protection in the Eighth Amendment or in state tort law. 156 Existence of ''a meaningful postdeprivation remedy'' for unauthorized, intentional deprivation of an inmate's property by prison personnel protects the inmate's due process rights. 157 Due process is not impli cated at all by negligent deprivation of life, liberty, or property by prison officials. 158 

While in prison, regardless of being wrongly accused and all that, there is NO expectation of privacy on behalf of the prisoner.  This should be the case in order to keep the rest of the prisoners and corrections officers safe.  The prisoner in this case has no ground to stand on.

Now, here's where the moral ground comes in, and what would happen if governments had any accountability.  All mail while incarcerated should be opened IN FRONT of the prisoner.  This is the only proper way to handle the situation.  No, the prisoner should not have the ability to open the letters, but the corrections officers shouldn't be opening mail of prisoners without them in their presence.

Title: Re: What would you do if you were a juror?
Post by: Riddler on November 06, 2010, 08:37:24 AM
what's he in for?
why do i ask?
cuz, if he was in for....weed, or some such shit offense, i'd cut him far more leeway than, say, some child raping murderous cocksucker, who then should have his mail jerked off & shat upon
Title: Re: What would you do if you were a juror?
Post by: Turd Ferguson on November 06, 2010, 10:21:32 AM
what's he in for?
why do i ask?
cuz, if he was in for....weed, or some such shit offense, i'd cut him far more leeway than, say, some child raping murderous cocksucker, who then should have his mail jerked off & shat upon

+1
Title: Re: What would you do if you were a juror?
Post by: velojym on November 06, 2010, 10:47:23 AM
If the constitution were to be believed, the ONLY thing a government can do is curtail pre-existing rights, so it would seem that, once
his period of kidnapping has ended, he'd still have all the same rights.

So, in claiming that his rights end at the point at which they decided to arrest and convict him, they're saying that they'll restrict his existing rights for the rest of his life, or that the rights *were* "granted" by said government... which the document doesn't seem to say at all.
Title: Re: What would you do if you were a juror?
Post by: Bill Brasky on November 06, 2010, 02:27:04 PM
Compensated, no. 
Title: Re: What would you do if you were a juror?
Post by: Diogenes The Cynic on November 06, 2010, 10:58:24 PM
If I were the juror, I would vote to the side that would establish the precedent of expansion of rights, whatever the case.
Title: Re: What would you do if you were a juror?
Post by: Pizzly on November 07, 2010, 02:21:45 PM
Good thing I'd never be allowed to serve on a jury.
Title: Re: What would you do if you were a juror?
Post by: Riddler on November 07, 2010, 05:10:27 PM
Compensated, no. 


$12 a day, whether you need it or not
there's some serious jingle
cunts.
i won't get out of bed for less than $60
add a truck & its $90
Title: Re: What would you do if you were a juror?
Post by: Riddler on November 07, 2010, 10:28:51 PM
whut the fuck you talkin bout, willis?
12-a-day is what the fuckimg JURORS get for cunting around in court all fucking day.
i don give no fuck what a perp ''gets'' in stir
nigga gets 3 hots & a bed
fuck 'im
Title: Re: What would you do if you were a juror?
Post by: Turd Ferguson on November 11, 2010, 11:47:17 AM
I've always wanted to shout back at a judge "NO SIR, YOOOOU ARE OUT OF ORDER!!!"

Can a juror ever have an opportunity to do that? If so, sign me up for jury duty.
Title: Re: What would you do if you were a juror?
Post by: davann on November 19, 2010, 04:40:47 PM
I've always wanted to say "There ain't enough money in the entire county to cover the amount of contempt I have for this court". Thats from one of those Tombstone movies I think.