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Free Jussie Smollett! IL SC sets free

Discussion in 'Too Hot for Swamp Gas' started by citygator, Nov 21, 2024 at 11:59 AM.

  1. Spurffelbow833

    Spurffelbow833 GC Hall of Fame

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    Juicy Smouellet is back!:)
     
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  2. WarDamnGator

    WarDamnGator GC Hall of Fame

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    You are the only one calling it a technicality… who is saying that?

    He paid a $10,000 fine and did community service to settle the first case….as far as I can tell, he had no significant criminal history and this was a non violent, victimless crime… what do you think the punishment should have been?
     
  3. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    I mean... Yes, when white cops abuse "black or other racial persons" they absolutely should "get found guilty".

    What's wrong with that?
     
  4. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    Edit to add that @GatorJMDZ beat me to this, but I will reiterate:
    ----------
    Actually it was not untrue at all. He may have misunderstood that it was a garage pull rope, but what do you see here:
    [​IMG]
     
  5. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    Here is the court's actual ruling.:

    "
    CONCLUSION
    ¶ 68 We are aware that this case has generated significant public interest and that
    many people were dissatisfied with the resolution of the original case and believed
    it to be unjust. Nevertheless, what would be more unjust than the resolution of any
    one criminal case would be a holding from this court that the State was not bound
    to honor agreements upon which people have detrimentally relied. As the Supreme
    Court of Pennsylvania recently stated when enforcing a prosecutorial promise not
    to prosecute:
    “It cannot be gainsaid that society holds a strong interest in the prosecution of
    crimes. It is also true that no such interest, however important, ever can eclipse
    society’s interest in ensuring that the constitutional rights of the people are
    vindicated. Society’s interest in prosecution does not displace the remedy due
    to constitutionally aggrieved persons.” Cosby, 252 A.2d at 1147.
    That court further noted the consequences of failing to enforce prosecutorial
    promises when a defendant has relied on them to his detriment:
    “A contrary result would be patently untenable. It would violate long-cherished
    principles of fundamental fairness. It would be antithetical to, and corrosive of,
    the integrity and functionality of the criminal justice system that we strive to
    maintain.” Id.
    ¶ 69 We reverse the judgment of the appellate court, reverse the judgment of the
    circuit court, and remand the cause with directions for the circuit court to enter a
    judgment of dismissal.

    There is no mention of 2X jeopardy in the holding, there couldn't be as jeopardy NEVER attached the first time. The court is using contract law language in its holding "Bound by agreements" and "detrimental reliance" to find a due process violation.
     
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  6. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    It is in essence the same type of process and protection though right? Otherwise the original agreements (not unlike actual double jeopardy) would really be worthless.

    The overriding point here is, our system has to protect from being "re-punished" for something already legally deemed closed.

    This is concrete with nothing political (sigh) about it.
     
  7. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    I see where there is some overlap of the concepts. I make the distinction here because I could not make a valid 2X jeopardy argument about this in court or in a motion. I might make a passing reference to it such as "somewhat similar to a 2x jeopardy claim" type argument, but I would be arguing contract law concepts as that is the appropriate argument and double jeopardy is not. (Me being technical.)

    You are absolutely correct, there is nothing "political" or "a technicality" about this decision. It is based on well founded law and is the correct result.
     
    Last edited: Nov 22, 2024 at 8:02 PM
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  8. orangeblue_coop

    orangeblue_coop GC Hall of Fame

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    That’s funny, because white men/women are the original race hoaxsters. I recall a white woman claiming a black man had kidnapped her 2 children, and had the entire country on a frantic search for him, and it turned out she murdered the children herself. She didn’t get the death penalty.

     
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  9. OklahomaGator

    OklahomaGator Jedi Administrator Moderator VIP Member

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    She was denied parole.
     
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  10. GatorJMDZ

    GatorJMDZ gatorjack VIP Member

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    Truly horrible woman. She killed her two children because her BF suggested they were in the way of them getting together permanently.

    I'm fine with her rotting in a Georgia prison the rest of her life.
     
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  11. orangeblue_coop

    orangeblue_coop GC Hall of Fame

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    The poster I quoted claimed a white person would get the death penalty for doing something like this. This woman didn’t, is my main point.
     
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  12. gtr2x

    gtr2x GC Hall of Fame

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    And rightly so. She's lucky she didn't get the death penalty. Murdered her 2 kids and hasn't exactly been a model prisoner with multiple violations.
     
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  13. GatorPrincess8

    GatorPrincess8 Princess of Basement Dwellers VIP Member

    What's funny is the democrats were the OG racist. They had Lincoln killed because he freed the slaves.
     
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  14. GatorPrincess8

    GatorPrincess8 Princess of Basement Dwellers VIP Member

    I see a Garage pull rope. If it was really meant to be a noose, it would have been higher.
     
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  15. citygator

    citygator VIP Member

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    Charlotte
    … then they became Republicans and started posting on Too Hot.
     
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  16. GatorPrincess8

    GatorPrincess8 Princess of Basement Dwellers VIP Member

    That's a joke.
     
  17. citygator

    citygator VIP Member

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    Charlotte
    It’s history.
     
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  18. tilly

    tilly Superhero Mod. Fast witted. Bulletproof posts. Moderator VIP Member

    Lol. Literally no one you know has a garage pull rope like that. Who even has pull topes on their garages? Everyone has door openers, and i doubt a nascar track needs manual ropes to open the garages.

    Weird that you dont see pictures of this garage rope from all the other tracks and garages.

    There are a lot of racist fans in Nascar
     
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  19. Orange_and_Bluke

    Orange_and_Bluke Premium Member

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    [​IMG]
     
  20. gatorshady

    gatorshady VIP Member

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    Racist? How is it racist to state that white men claiming to be a mistreated, downtrodden demographic who is now the victim of the most insidious discrimination in this country during modern times is a laughable, idiotic position, no matter how many times white men repeat it? And again, white women trumpeting the idiocy so loudly is downright pitiful.