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Should he have been acquited?

I don't even
301
63%
Don't mess with Texas!
108
23%
Bonobo parade
71
15%
 
Total votes : 480

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Thu Jun 06, 2013 9:42 pm

Des-Bal wrote:


That at no point substantiates what you're saying. Your claim is that since it was an illegal transaction the money became hers. I'd like to see the specific laws you're citing.

I'm not citing a specific law. Where did I say I was? I'm abiding by basic jurisprudence. In this specific case, courts shouldn't enforce contracts that are illegal, such as prostitution. Thus, they have utterly no grounds whatsoever to claim that a person who broke an illegal contract is in the wrong and is guilty.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

User avatar
Des-Bal
Post Czar
 
Posts: 32063
Founded: Jan 24, 2010
Compulsory Consumerist State

Postby Des-Bal » Thu Jun 06, 2013 9:43 pm

Mavorpen wrote:I'm not citing a specific law. Where did I say I was? I'm abiding by basic jurisprudence. In this specific case, courts shouldn't enforce contracts that are illegal, such as prostitution. Thus, they have utterly no grounds whatsoever to claim that a person who broke an illegal contract is in the wrong and is guilty.


It wasn't about breach of contract it was about her taking the money. The money he gave her was contingent on her preforming an illegal act you're saying that in that instance the money legally becomes hers please provide a source for that claim.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

User avatar
The Rich Port
Post Czar
 
Posts: 38094
Founded: Jul 29, 2008
Ex-Nation

Postby The Rich Port » Thu Jun 06, 2013 9:44 pm

Mavorpen wrote:
Des-Bal wrote:
That at no point substantiates what you're saying. Your claim is that since it was an illegal transaction the money became hers. I'd like to see the specific laws you're citing.

I'm not citing a specific law. Where did I say I was? I'm abiding by basic jurisprudence. In this specific case, courts shouldn't enforce contracts that are illegal, such as prostitution. Thus, they have utterly no grounds whatsoever to claim that a person who broke an illegal contract is in the wrong and is guilty.


Hey... You're right.

Isn't this the court over-stepping it's boundaries and creating laws?

Courts can't do that.

Can they?

User avatar
Ethel mermania
Post Overlord
 
Posts: 126499
Founded: Aug 20, 2010
Libertarian Police State

Postby Ethel mermania » Thu Jun 06, 2013 9:45 pm

Mavorpen wrote:
Ethel mermania wrote:
they jury was clearly convinced she was a prostitute. why is the theft at night instruction wrong?

Because even if she WAS a prostitute, that would mean this was an illegal contract or agreement, and thus the jury can't/shouldn't enforce said contract.

In other words, her taking the money was perfectly legal because the man was asking for an illegal contract.


thats the first reasonable thing you said, no moving goal posts, no name calling, so i will answer (though i do have to go to bed soon) She offered the illegal contract, he accepted.

Assume for a moment she was a prostitute and ripping him off, do you believe he was justified in shooting her?
The West won the world not by the superiority of its ideas or values or religion … but rather by its superiority in applying organized violence. Westerners often forget this fact; non-Westerners never do.

The most fundamental problem of politics is not the control of wickedness but the limitation of righteousness. 



http://www.salientpartners.com/epsilont ... ilizations

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Thu Jun 06, 2013 9:45 pm

Des-Bal wrote:
Mavorpen wrote:I'm not citing a specific law. Where did I say I was? I'm abiding by basic jurisprudence. In this specific case, courts shouldn't enforce contracts that are illegal, such as prostitution. Thus, they have utterly no grounds whatsoever to claim that a person who broke an illegal contract is in the wrong and is guilty.


It wasn't about breach of contract it was about her taking the money.

Taking money and then not fulfilling your side of the contract is breaching the contract. And since he's complaining that she didn't fulfill her side, this is ENTIRELY about the breach of contract.
Des-Bal wrote:The money he gave her was contingent on her preforming an illegal act you're saying that in that instance the money legally becomes hers please provide a source for that claim.

I already did. Again, it's not my fault you aren't paying attention and that you aren't comprehending basic jurisprudence.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

User avatar
Ethel mermania
Post Overlord
 
Posts: 126499
Founded: Aug 20, 2010
Libertarian Police State

Postby Ethel mermania » Thu Jun 06, 2013 9:47 pm

greed and death wrote:
Ethel mermania wrote:
they jury was clearly convinced she was a prostitute. why is the theft at night instruction wrong?

Because on the facts the defendant alleged in his affirmative defense it was impossible to determine there was contract or theft.


how so? the jury believed she was a prostitute her ad was the offer
The West won the world not by the superiority of its ideas or values or religion … but rather by its superiority in applying organized violence. Westerners often forget this fact; non-Westerners never do.

The most fundamental problem of politics is not the control of wickedness but the limitation of righteousness. 



http://www.salientpartners.com/epsilont ... ilizations

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Thu Jun 06, 2013 9:47 pm

Ethel mermania wrote:
Assume for a moment she was a prostitute and ripping him off, do you believe he was justified in shooting her?

Assuming this was a legal contract? Then yes, under this specific law, he's legally justified.

Morally, absolutely not.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

User avatar
Esternial
Technical Moderator
 
Posts: 54369
Founded: May 09, 2009
Inoffensive Centrist Democracy

Postby Esternial » Thu Jun 06, 2013 9:47 pm

Ethel mermania wrote:
Mavorpen wrote:Because even if she WAS a prostitute, that would mean this was an illegal contract or agreement, and thus the jury can't/shouldn't enforce said contract.

In other words, her taking the money was perfectly legal because the man was asking for an illegal contract.


thats the first reasonable thing you said, no moving goal posts, no name calling, so i will answer (though i do have to go to bed soon) She offered the illegal contract, he accepted.

Assume for a moment she was a prostitute and ripping him off, do you believe he was justified in shooting her?

That's not what happened.

He ASKED for the illegal contract. That's a second grade felony.

User avatar
Des-Bal
Post Czar
 
Posts: 32063
Founded: Jan 24, 2010
Compulsory Consumerist State

Postby Des-Bal » Thu Jun 06, 2013 9:48 pm

Mavorpen wrote:Taking money and then not fulfilling your side of the contract is breaching the contract. And since he's complaining that she didn't fulfill her side, this is ENTIRELY about the breach of contract.
I already did. Again, it's not my fault you aren't paying attention and that you aren't comprehending basic jurisprudence.



You say that money offered to one party in exchange for an illegal service belongs to that party. Please deliver the specific laws supporting your claim.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Thu Jun 06, 2013 9:48 pm

Esternial wrote:
Ethel mermania wrote:
thats the first reasonable thing you said, no moving goal posts, no name calling, so i will answer (though i do have to go to bed soon) She offered the illegal contract, he accepted.

Assume for a moment she was a prostitute and ripping him off, do you believe he was justified in shooting her?

That's not what happened.

He ASKED for the illegal contract. That's a second grade felony.

I think Ethel forgot to include that if prostitution was legal.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

User avatar
Esternial
Technical Moderator
 
Posts: 54369
Founded: May 09, 2009
Inoffensive Centrist Democracy

Postby Esternial » Thu Jun 06, 2013 9:49 pm

Mavorpen wrote:
Esternial wrote:That's not what happened.

He ASKED for the illegal contract. That's a second grade felony.

I think Ethel forgot to include that if prostitution was legal.

If it were a legal contract, then his actions would be justified by that Crazy Texas LawTM.

User avatar
Ethel mermania
Post Overlord
 
Posts: 126499
Founded: Aug 20, 2010
Libertarian Police State

Postby Ethel mermania » Thu Jun 06, 2013 9:49 pm

Mavorpen wrote:
Ethel mermania wrote:
Assume for a moment she was a prostitute and ripping him off, do you believe he was justified in shooting her?

Assuming this was a legal contract? Then yes, under this specific law, he's legally justified.

Morally, absolutely not.


That is fair, in NY he would have been convicted of manslaughter as he never thought his life was in danger
The West won the world not by the superiority of its ideas or values or religion … but rather by its superiority in applying organized violence. Westerners often forget this fact; non-Westerners never do.

The most fundamental problem of politics is not the control of wickedness but the limitation of righteousness. 



http://www.salientpartners.com/epsilont ... ilizations

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Thu Jun 06, 2013 9:50 pm

Des-Bal wrote:You say that money offered to one party in exchange for an illegal service belongs to that party. Please deliver the specific laws supporting your claim.

No, what I'm saying is that if you engage in an illegal contract and one of the parties breaks the contract, then courts cannot and should not be enforcing this contract in the first place. This means that legally she had every right to take money that was GIVEN to her. If SHE took it from HIS hands without his consent, then you'd have a better point.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

User avatar
Ethel mermania
Post Overlord
 
Posts: 126499
Founded: Aug 20, 2010
Libertarian Police State

Postby Ethel mermania » Thu Jun 06, 2013 9:51 pm

Esternial wrote:
Ethel mermania wrote:
thats the first reasonable thing you said, no moving goal posts, no name calling, so i will answer (though i do have to go to bed soon) She offered the illegal contract, he accepted.

Assume for a moment she was a prostitute and ripping him off, do you believe he was justified in shooting her?

That's not what happened.

He ASKED for the illegal contract. That's a second grade felony.


the ad was the offer. She placed the ad
The West won the world not by the superiority of its ideas or values or religion … but rather by its superiority in applying organized violence. Westerners often forget this fact; non-Westerners never do.

The most fundamental problem of politics is not the control of wickedness but the limitation of righteousness. 



http://www.salientpartners.com/epsilont ... ilizations

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Thu Jun 06, 2013 9:51 pm

Ethel mermania wrote:
Mavorpen wrote:Assuming this was a legal contract? Then yes, under this specific law, he's legally justified.

Morally, absolutely not.


That is fair, in NY he would have been convicted of manslaughter as he never thought his life was in danger

Precisely.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

User avatar
Des-Bal
Post Czar
 
Posts: 32063
Founded: Jan 24, 2010
Compulsory Consumerist State

Postby Des-Bal » Thu Jun 06, 2013 9:52 pm

Mavorpen wrote:
Des-Bal wrote:You say that money offered to one party in exchange for an illegal service belongs to that party. Please deliver the specific laws supporting your claim.

No, what I'm saying is that if you engage in an illegal contract and one of the parties breaks the contract, then courts cannot and should not be enforcing this contract in the first place. This means that legally she had every right to take money that was GIVEN to her. If SHE took it from HIS hands without his consent, then you'd have a better point.


You know what's weird? How none of that was a source.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Thu Jun 06, 2013 9:53 pm

Des-Bal wrote:
Mavorpen wrote:No, what I'm saying is that if you engage in an illegal contract and one of the parties breaks the contract, then courts cannot and should not be enforcing this contract in the first place. This means that legally she had every right to take money that was GIVEN to her. If SHE took it from HIS hands without his consent, then you'd have a better point.


You know what's weird? How none of that was a source.

Well then, I'll go ahead and take that as a concession from you. I get the feeling that's as far as I'll get.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

User avatar
Esternial
Technical Moderator
 
Posts: 54369
Founded: May 09, 2009
Inoffensive Centrist Democracy

Postby Esternial » Thu Jun 06, 2013 9:54 pm

Ethel mermania wrote:
Esternial wrote:That's not what happened.

He ASKED for the illegal contract. That's a second grade felony.


the ad was the offer. She placed the ad

So far I haven't seen any proof that the ad actually did imply that and more proof to state the contrary.

First of all he stated that the believed the ad implied sex.
Secondly he stated that he asked on the phone, specifically, if there would be sex.

Both these details give enough reason to believe that he thought sex was included because he thought escorts always include sex in their 'package', but since he didn't see it in the ad he asked for it specifically, thus going from a legal contract to an illegal agreement.

User avatar
Des-Bal
Post Czar
 
Posts: 32063
Founded: Jan 24, 2010
Compulsory Consumerist State

Postby Des-Bal » Thu Jun 06, 2013 9:56 pm

Mavorpen wrote:Well then, I'll go ahead and take that as a concession from you. I get the feeling that's as far as I'll get.


I repeat:

You are claiming that money offered pursuant to an illegal transaction legally belongs to the party it was offered to.

I demand sources to substantiate that claim.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Thu Jun 06, 2013 9:58 pm

Des-Bal wrote:
Mavorpen wrote:Well then, I'll go ahead and take that as a concession from you. I get the feeling that's as far as I'll get.


I repeat:

You are claiming that money offered pursuant to an illegal transaction legally belongs to the party it was offered to.

I demand sources to substantiate that claim.

And I already gave them to you.

You then shifted the goal posts massively, asking for a SPECIFIC law, despite that being irrelevant to the point: that illegal contracts are just that, illegal and thus void. Unless you can demonstrate that prostitution is legal in Texas, you're tilting at windmills.
Last edited by Mavorpen on Thu Jun 06, 2013 9:58 pm, edited 1 time in total.
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

User avatar
Christmahanikwanzikah
Postmaster-General
 
Posts: 12073
Founded: Nov 24, 2006
Ex-Nation

Postby Christmahanikwanzikah » Thu Jun 06, 2013 10:00 pm

This is why we can't have nice women.

User avatar
Des-Bal
Post Czar
 
Posts: 32063
Founded: Jan 24, 2010
Compulsory Consumerist State

Postby Des-Bal » Thu Jun 06, 2013 10:00 pm

Mavorpen wrote:And I already gave them to you.

You then shifted the goal posts massively, asking for a SPECIFIC law, despite that being irrelevant to the point: that illegal contracts are just that, illegal. Unless you can demonstrate that prostitution is legal in Texas, you're tilting at windmills.



1. A wikipedia article on the general handling of legal agreements has no relationship to the laws of texas.
2. After you posted that bullshit I immediately pointed out it didn't have the information I was asking for.
3. Given my entire question is ABOUT the money from illegal transactions it requires that prostitution not be legal in texas.


The goalposts are where they've always been you're running in the wrong direction.
Cekoviu wrote:DES-BAL: Introverted, blunt, focused, utilitarian. Hard to read; not verbose online or likely in real life. Places little emphasis on interpersonal relationships, particularly with online strangers for whom the investment would outweigh the returns.
Desired perception: Logical, intellectual
Public perception: Neutral-positive - blunt, cold, logical, skilled at debating
Mindset: Logos

User avatar
Esternial
Technical Moderator
 
Posts: 54369
Founded: May 09, 2009
Inoffensive Centrist Democracy

Postby Esternial » Thu Jun 06, 2013 10:01 pm

Mavorpen wrote:
Des-Bal wrote:
I repeat:

You are claiming that money offered pursuant to an illegal transaction legally belongs to the party it was offered to.

I demand sources to substantiate that claim.

And I already gave them to you.

You then shifted the goal posts massively, asking for a SPECIFIC law, despite that being irrelevant to the point: that illegal contracts are just that, illegal and thus void. Unless you can demonstrate that prostitution is legal in Texas, you're tilting at windmills.

Exactly. What you're left with is this guy giving the woman money. This is not theft, which means he can't apply that Texan law of protection one's property.

User avatar
Ethel mermania
Post Overlord
 
Posts: 126499
Founded: Aug 20, 2010
Libertarian Police State

Postby Ethel mermania » Thu Jun 06, 2013 10:01 pm

Esternial wrote:
Ethel mermania wrote:
the ad was the offer. She placed the ad

So far I haven't seen any proof that the ad actually did imply that and more proof to state the contrary.

First of all he stated that the believed the ad implied sex.
Secondly he stated that he asked on the phone, specifically, if there would be sex.

Both these details give enough reason to believe that he thought sex was included because he thought escorts always include sex in their 'package', but since he didn't see it in the ad he asked for it specifically, thus going from a legal contract to an illegal agreement.


have you ever seen an escort ad? again i cant point you at one cause it would violate site rules but The one des-bai took from was pretty typical. Please stop with the legal contract nonsense,

she made an offer of an illegal contract, he accepted. he paid upfront which is the way it works, she did not preform the service. Was what he did justified?
The West won the world not by the superiority of its ideas or values or religion … but rather by its superiority in applying organized violence. Westerners often forget this fact; non-Westerners never do.

The most fundamental problem of politics is not the control of wickedness but the limitation of righteousness. 



http://www.salientpartners.com/epsilont ... ilizations

User avatar
Mavorpen
Khan of Spam
 
Posts: 63266
Founded: Dec 20, 2011
Ex-Nation

Postby Mavorpen » Thu Jun 06, 2013 10:04 pm

Des-Bal wrote:
1. A wikipedia article on the general handling of legal agreements has no relationship to the laws of texas.

Of course it does. Prostitution is illegal in Texas.
Des-Bal wrote:2. After you posted that bullshit I immediately pointed out it didn't have the information I was asking for.

Yes, it does. It contains the necessary information to back up MY claim, not what you WANT me to be claiming.
Des-Bal wrote:3. Given my entire question is ABOUT the money from illegal transactions it requires that prostitution not be legal in texas.

Then there should be no problem with admitting that I'm correct. Illegal contracts are by default, void. It is therefore NOT a legitimate contract. Therefore, if you give someone money WILLINGLY, DESPITE assuming they were fulfill a part of an illegal contract, they are under NO obligation to give BACK your payment, because the contract is void in the first place.

Giving someone money of your own free will when there is no legitimate contract stating they must provide a service means that you are giving that money to them as a GIFT, and they have every right to keep it.
Des-Bal wrote:The goalposts are where they've always been you're running in the wrong direction.

Because I actually have a basic grasp of jurisprudence?
"The Nixon campaign in 1968, and the Nixon White House after that, had two enemies: the antiwar left and black people. You understand what I'm saying? We knew we couldn't make it illegal to be either against the war or black, but by getting the public to associate the hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we could disrupt those communities. We could arrest their leaders. raid their homes, break up their meetings, and vilify them night after night on the evening news. Did we know we were lying about the drugs? Of course we did."—former Nixon domestic policy chief John Ehrlichman

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