All threads

All of the threads for this selected topic

Of what is this 'evidence'?

2 replies | 2 unread | updated about 12 hours ago

Roman Catholic Diocese v. Cuomo

28 replies | 28 unread | updated about 12 hours ago

Feedback [11-30-20]

44 replies | 44 unread | updated about 14 hours ago

Thanksgiving Thread

19 replies | 19 unread

Peremptory Challenges [11-23-2020]

77 replies | 77 unread

Feedback [11-17-20]

57 replies | 57 unread

Your questions, doubts and concerns about confrontation and cross as core jury process.

22 replies | 22 unread

Feedback November 10

17 replies | 17 unread

Feedback [11-09-20]

24 replies | 24 unread

Discussion Group 2 [11-9-2020]

19 replies | 19 unread

Discussion Group 1 [11-9-2020]

28 replies | 28 unread

Election Night

25 replies | 25 unread

George Fisher Caves [11-03-2020]

29 replies | 29 unread

Group 1 [11-03-2020]

53 replies | 53 unread

Group 2 [11-03-2020]

49 replies | 49 unread

Group 3 [11-03-2020]

35 replies

Feedback 11-2-2020

34 replies | 34 unread

Feedback 10-27-2020

47 replies | 47 unread

Discussion 10-27-2020

59 replies | 59 unread

Feedback 10-26-2020

51 replies | 51 unread

Hypothetical 10-19-20

49 replies | 49 unread

Feedback 10-20-2020

15 replies | 15 unread

Feedback 10-19-20

22 replies | 22 unread

Surveillance 10-19-20

46 replies | 46 unread

Feedback October 13, 2020

20 replies | 20 unread

i&i

31 replies | 31 unread

REVIEW - October 13, 2020. Please offer questions and concerns.

3 replies | 3 unread

Feedback Oct 6, 2020 - violence of discussion for some

7 replies | 7 unread

Feedback October 6, 2020

67 replies | 67 unread

Feedback Oct 5, 2020 Fair

4 replies | 4 unread

Gatecrasher - Who Wins?

15 replies | 15 unread

Blue Bus

25 replies | 25 unread

Conjunction --In what order should we decide the elements of the alleged crime?

21 replies | 21 unread

Prison Yard - Can WE prosecute all of them?

38 replies | 38 unread

Feedback [09-29-20]

17 replies | 17 unread

Would you be interested in joining together in threads while watching the Trump-Biden debate?

20 replies | 20 unread

feedback sept 28

26 replies | 26 unread

What is your biggest fear going forward?

40 replies | 40 unread

BIAS (in judgmen)t

9 replies | 9 unread

Feedback #1

30 replies | 30 unread

racism - anti-racism

41 replies | 41 unread

what is your passion?

40 replies | 40 unread

What do you feel you have to learn about fair trial? Do you feel that fair trial matters?

9 replies | 9 unread

Give Thanks

0 replies

Active thread

Only the replies to the one thread you selected
Umbriel: Question: At base, dose the Bordenkircher holding make sense?
Porog: This is room 3, right??
Triangulum: hi, i didn
Triangulum: yes, right
Zavada: I disagree with the reason but not sure yet about the ultimate holding.
Rigel: I personally do not think the opinion makes sense as it is premised on the idea thet there can be no punishment or retaliation in a give and take negotiation
Andromeda: i can understand the logic but i think it’s exactly what we should be angry about when it comes to prosecutors abusing their powers
New Ironworks: have i arrived?
Porog: I'm with Blackmun on this one - I think it IS vindictive to acknowledge the appropriate charge and then raise it when the defendant refuses to take it
Zavada: @rigel I agree!
New Ironworks: The court seems to agree as well, just that there
New Ironworks: is no other way to do it.
Andromeda: and perhaps it’s why we should be having grand juries limit charges prosecutors can bring
Sateda: If this is what a prosecutor does to "abuse power" then how should a prosecutor act generally?
New Ironworks: At least if they had to announce their charge to the public they's have to really think they could prove it and face down the appearance of overcharging.
Starkiller Base: Defendant can't win. Prosecutor either upcharges and pleas down or downcharges and pleas up.
Starkiller Base: In a perfect world every case goes to trial and prosecutor asks for fair sentences
Sateda: fair and appropriate? these terms have no substance
New Ironworks: But doesn't he pay a political price for overcharging when it's up front?
Porog: ^not if people are fans of "tough on crime"
Rigel: I don't believe he does always as being tough on crime wins you political points
New Ironworks: Popular pressure seems like a wider form of nullification.
Zavada: There is no "give and take" if the prosecutor just takes.
Starkiller Base: in that case the prosecutor would overcharge anyway, no?
Porog: So the real issue is....unlimited discretion haha
Starkiller Base: Also one could say prosecutor isn't overcharging, he's just going by book. Doing D a favor by offering the deal
Sateda: Defendant can win by not committing a felony in the first place
Porog: This particular defendant Luyten? Or defendants in general
New Ironworks: If we imagine a grand jury to be a constraint on overcharging, and jury nullification a constraint on overcharging, then popular response to overcharging, by whatever standard the 'public' perception of overcharging is, will be at least some constraint of the prosecution.
Starkiller Base: Yet the grand juries almost always indict and the petite juries almost never nullify
New Ironworks: The court
Andromeda: hayes if i’m not mistaken also highlights the problem with mandatory minimum sentences and taking the power of sentencing discretion away from judges and giving it to the prosecutor
Andromeda: when do we go back into main group?
New Ironworks: concept of equality in bargaining power seems a joke: the prosecutor risks losing a case by reason of overcharging. the defendant risks prison or death penalty for going to trial.