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You’ve been framed for murder

For discussion and debate about anything. (Not a roleplay related forum; out-of-character commentary only.)

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Would you take the stand?

Yes
21
70%
No (I’ll plead the 5th)
9
30%
 
Total votes : 30

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Wormfodder Delivery
Diplomat
 
Posts: 552
Founded: Feb 14, 2021
Compulsory Consumerist State

Postby Wormfodder Delivery » Tue Sep 21, 2021 5:24 am

Well, the one writing this luckily lives in a country with a functioning legal system, so eh?
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Infected Mushroom
Post Czar
 
Posts: 38837
Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Tue Sep 21, 2021 8:21 am

Page wrote:No. Taking the stand is rarely advantageous, especially not in a murder trial. Were I charged with something like drugs instead then maybe I'd be more inclined to take the stand and push for jury nullification, but I can't see any circumstance in which the jury is going to think I'm guilty of a murder but acquit me, unless the victim is a child molester or some other kind of scumbag.

I'm very proud of the charisma I've built up over almost 30 years of life, I went from an awkward and creepy teenager to a pretty charming dude all things considered, but you have to be top fucking tier to survive cross and I'm not there.


I agree with this particular assessment.

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Imperial States of Duotona
Diplomat
 
Posts: 859
Founded: Sep 08, 2021
Ex-Nation

Postby Imperial States of Duotona » Tue Sep 21, 2021 8:25 am

I'm taking the stand. If they've framed me, there's a point where they run out of evidence that I haven't proved wrong or out of context, and just go, "Oh, well, we don't have anything left on this dude." . All I need to do is find what makes me more incriminating and find evidence that disproves it or puts it in context.

I mean, I'm not a legal expert, so this is my best shot.

(Unless this is Japan. If it's Japan, I'm not winning, period. They have an absurd Guilty to Not Guilty ratio that's gives an insane advantage to the other side.)
Last edited by Imperial States of Duotona on Tue Sep 21, 2021 8:27 am, edited 1 time in total.
Imperial States of Duotona
Duotona is a nation nestled in the Pacific Ocean. Marked by the scars of its bloody past, the people of Duotona persist and have given the nation a voice from which it preaches the word of peace and democracy across the globe!
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Kowani
Post Czar
 
Posts: 44696
Founded: Apr 01, 2018
Democratic Socialists

Postby Kowani » Tue Sep 21, 2021 8:36 am

i've been framed?
at least hang the picture in a museum or something, i am a cultural treasure
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HC Eredivisie
Senator
 
Posts: 3746
Founded: Antiquity
Iron Fist Consumerists

Postby HC Eredivisie » Tue Sep 21, 2021 11:41 am

Last time I went to court.

Kowani wrote:i've been framed?
at least hang the picture in a museum or something, i am a cultural treasure
National treasure but beware of Nicholas Cage though.
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Unstoppable Empire of Doom
Ambassador
 
Posts: 1798
Founded: Dec 18, 2015
Ex-Nation

Postby Unstoppable Empire of Doom » Tue Sep 21, 2021 11:56 am

Imperial States of Duotona wrote:(Unless this is Japan. If it's Japan, I'm not winning, period. They have an absurd Guilty to Not Guilty ratio that's gives an insane advantage to the other side.)

The Taiwanese province of mainland china also has a 99.96% guilty rate. Executions are extremely common there too. Innocense is no excuse.
Whoever said "you can lead a horse to water but you can't make them drink" has clearly never drown a horse.

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ImperialRussia
Diplomat
 
Posts: 916
Founded: May 16, 2019
Father Knows Best State

Postby ImperialRussia » Tue Sep 21, 2021 12:03 pm

Then tell why how the was the legal owner of the weapon or who owned that kitchen knife before to real evidence of the true murder in record and labels of coding of who own that weapon and place of time and where some may accidentally grab a weapon while proclaiming innocent knowing that murder true intentions was to scape goat you the person who is being framed for the murder. Or accidentally grabbing the weapon of evidence to some Civilian who isn’t really the murder at all look at the track records who bought the gun and look who was the real murder along. Just look at people who can legally register a gun. Look at near by cameras at the scenes use them at your case.
Last edited by ImperialRussia on Tue Sep 21, 2021 12:25 pm, edited 3 times in total.

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Infected Mushroom
Post Czar
 
Posts: 38837
Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Tue Sep 21, 2021 12:43 pm

Imperial States of Duotona wrote:I'm taking the stand. If they've framed me, there's a point where they run out of evidence that I haven't proved wrong or out of context, and just go, "Oh, well, we don't have anything left on this dude." . All I need to do is find what makes me more incriminating and find evidence that disproves it or puts it in context.

I mean, I'm not a legal expert, so this is my best shot.

(Unless this is Japan. If it's Japan, I'm not winning, period. They have an absurd Guilty to Not Guilty ratio that's gives an insane advantage to the other side.)


https://www.journals.uchicago.edu/doi/a ... alCode=jls

Conviction rates in Japan exceed 99 percent. Because Japanese judges can be penalized by a personnel office if they rule in ways the office dislikes, perhaps they face biased incentives to convict. Using data on the careers and opinions of 321 Japanese judges, we find that judges who acquit do have worse careers following the acquittal. On closer examination, though, we find that the punished judges are not those who acquit on the ground that the prosecutors charged the wrong person. Rather, they acquit for reasons of statutory or constitutional interpretation, often in politically charged cases. Thus, the apparent punishment seems unrelated to any pro‐conviction bias at the judicial administrative offices. We suggest an alternative explanation: the high conviction rates reflect case selection and low prosecutorial budgets; understaffed prosecutors present judges with only the most obviously guilty defendants.

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Wallenburg
GA Secretariat
 
Posts: 22347
Founded: Jan 30, 2015
Democratic Socialists

Postby Wallenburg » Tue Sep 21, 2021 12:45 pm

Infected Mushroom wrote:Your lawyers advise against it

Then I wouldn't do it. If your lawyer tells you to shut the fuck up, shut the fuck up.
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Vikanias
Minister
 
Posts: 2124
Founded: May 01, 2020
Liberal Democratic Socialists

Postby Vikanias » Tue Sep 21, 2021 2:23 pm

I’d not take the stand, I’m still in high school so the chances of me getting a harsh sentence is low. And they can go through my record and see nothing is suspicious. The only stuff that could incriminate me is the stuff on NS. And the lawyers are smart in the law, so i’d listen to their advise.
Last edited by Vikanias on Tue Sep 21, 2021 2:28 pm, edited 3 times in total.
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Thermodolia
Post Kaiser
 
Posts: 76356
Founded: Oct 07, 2011
Civil Rights Lovefest

Postby Thermodolia » Tue Sep 21, 2021 3:05 pm

Wallenburg wrote:
Infected Mushroom wrote:Your lawyers advise against it

Then I wouldn't do it. If your lawyer tells you to shut the fuck up, shut the fuck up.

Though if I’m innocent I’d be better taking the stand. So I’d get a new lawyer and ask their advice
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Infected Mushroom
Post Czar
 
Posts: 38837
Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Tue Sep 21, 2021 4:07 pm

Thermodolia wrote:
Wallenburg wrote:Then I wouldn't do it. If your lawyer tells you to shut the fuck up, shut the fuck up.

Though if I’m innocent I’d be better taking the stand. So I’d get a new lawyer and ask their advice


Couldn't innocent people be made to look really really bad and unlikable on cross examination?

I understand there are rules against introducing overly prejudicial evidence but if the charge is murder, there's a lot of stuff that the judge is going to allow if the prosecution can somehow tie it to demonstrating even remotely to a character trait relevant to that of a murderer that's going to seem less than fair to the average non lawyerly person (and frankly, it's going to be very upsetting especially to an innocent person). As far as the judge cares, you're potentially a threat to the public safety and to him and to the prosecutor it's an intellectual game (while to you it's your life).

The prosecutor is going to take charge of the narrative by directing questions for 9-10 days and he's only going to be going over the bad stuff. Aside from some introductory stuff or a few dozen questions just to get you settled or into a trusting space, they are then going to get under your skin and dig.

And I don't know... I'm too argumentative and easily provoked to survive in such an environment long term.
Last edited by Infected Mushroom on Tue Sep 21, 2021 4:13 pm, edited 4 times in total.

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Wallenburg
GA Secretariat
 
Posts: 22347
Founded: Jan 30, 2015
Democratic Socialists

Postby Wallenburg » Tue Sep 21, 2021 4:09 pm

Thermodolia wrote:
Wallenburg wrote:Then I wouldn't do it. If your lawyer tells you to shut the fuck up, shut the fuck up.

Though if I’m innocent I’d be better taking the stand. So I’d get a new lawyer and ask their advice

Being innocent is not a reason to speak. Your words will be used against you. If your counsel advises against talking, you listen or you get convicted.
I want to improve.
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Infected Mushroom
Post Czar
 
Posts: 38837
Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Tue Sep 21, 2021 4:11 pm

A lot of faith in this process.

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Infected Mushroom
Post Czar
 
Posts: 38837
Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Tue Sep 21, 2021 4:15 pm

Wallenburg wrote:
Infected Mushroom wrote:Your lawyers advise against it

Then I wouldn't do it. If your lawyer tells you to shut the fuck up, shut the fuck up.


Especially when they get paid by the hour (hundreds to thousands of dollars every hour you use or they decide you've used) and if you agreed to do it, it would prolong the trial and they would get even more money both prepping it and doing it in the actual courtroom time
Last edited by Infected Mushroom on Tue Sep 21, 2021 4:16 pm, edited 1 time in total.

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Bombadil
Post Marshal
 
Posts: 17486
Founded: Oct 13, 2011
Inoffensive Centrist Democracy

Postby Bombadil » Tue Sep 21, 2021 10:53 pm

Unstoppable Empire of Doom wrote:
Imperial States of Duotona wrote:(Unless this is Japan. If it's Japan, I'm not winning, period. They have an absurd Guilty to Not Guilty ratio that's gives an insane advantage to the other side.)

The Taiwanese province of mainland china also has a 99.96% guilty rate. Executions are extremely common there too. Innocense is no excuse.


Depends on the administration, if the KMT then they're high, if the DPP then low, only 3 in the last 5 years under the DPP, whereas 32 in the previous KMT administration of 5 years..
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Infected Mushroom
Post Czar
 
Posts: 38837
Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Tue Sep 21, 2021 10:55 pm

Ethel mermania wrote:I am being framed?


I go pay the witch queen to kill whoever is behind it and all their loved ones.


Witch Queen or Mafia Queen?

I don’t think there’s ever been a hypothetical where the Witch Queen took on contracts.

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Risottia
Khan of Spam
 
Posts: 54753
Founded: Sep 05, 2006
Liberal Democratic Socialists

Postby Risottia » Wed Sep 22, 2021 6:20 am

Infected Mushroom wrote:Please consider the following hypothetical:

You’ve been effectively framed for murder and you’re now on trial.

What, again?
Pfft.

The evidence against you is largely circumstantial

Of course.

but you get the feeling that the judge and the jury don’t like you.

No fucks given. If they judge by circumstantial evidence the appeal is going to overturn the sentence.

Now, if you excuse me, my dungeon awaits.
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Disgraces
Ambassador
 
Posts: 1006
Founded: Apr 07, 2020
Anarchy

Postby Disgraces » Wed Sep 22, 2021 6:23 am

I'd take the stand

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Infected Mushroom
Post Czar
 
Posts: 38837
Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Wed Sep 22, 2021 6:33 am

Disgraces wrote:I'd take the stand


Oh? How come?

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Thermodolia
Post Kaiser
 
Posts: 76356
Founded: Oct 07, 2011
Civil Rights Lovefest

Postby Thermodolia » Wed Sep 22, 2021 6:34 am

Wallenburg wrote:
Thermodolia wrote:Though if I’m innocent I’d be better taking the stand. So I’d get a new lawyer and ask their advice

Being innocent is not a reason to speak. Your words will be used against you. If your counsel advises against talking, you listen or you get convicted.

And if I think my counsel is not doing enough then I’ll seek a second opinion. Which is what I’m saying. Here in the US most lawyers want innocent people to take the stand. So if my lawyer doesn’t want me to take the stand I’d seek new advice from a new lawyer
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Thermodolia
Post Kaiser
 
Posts: 76356
Founded: Oct 07, 2011
Civil Rights Lovefest

Postby Thermodolia » Wed Sep 22, 2021 6:50 am

Infected Mushroom wrote:
Thermodolia wrote:Though if I’m innocent I’d be better taking the stand. So I’d get a new lawyer and ask their advice


Couldn't innocent people be made to look really really bad and unlikable on cross examination?

It’s possible. You can also make super guilty people completely great and super likeable too.

I understand there are rules against introducing overly prejudicial evidence but if the charge is murder, there's a lot of stuff that the judge is going to allow if the prosecution can somehow tie it to demonstrating even remotely to a character trait relevant to that of a murderer that's going to seem less than fair to the average non lawyerly person (and frankly, it's going to be very upsetting especially to an innocent person).

Character traits are not how cases are built on and will lead to the case being overturned on appeal. You are also forgetting that your own lawyer will be objecting to most of these things and if your lawyers have evidence the judge has determined to see you in jail then that alone is grounds for appeal.

As far as the judge cares, you're potentially a threat to the public safety and to him and to the prosecutor it's an intellectual game (while to you it's your life).

The judge is supposed to be impartial. If the judge already believes that I’m a threat to the world than the trial is already compromised. So that’s grounds for appeal.

The prosecutor is going to take charge of the narrative by directing questions for 9-10 days and he's only going to be going over the bad stuff. Aside from some introductory stuff or a few dozen questions just to get you settled or into a trusting space, they are then going to get under your skin and dig.

The prosecution isn’t going to be the only one asking the questions. You’ll be questioned by your lawyer and you’d still have the possibility of redirect.

And I don't know... I'm too argumentative and easily provoked to survive in such an environment long term.

And yes that is a legitimate concern, however that’s why your legal team will prep you
Male, State Socialist, Cultural Nationalist, Welfare Chauvinist lives somewhere in AZ I'm GAY! Disabled US Military Veteran
I'm agent #69 in the Gaystapo!
>The Sons of Adam: I'd crown myself monarch... cuz why not?
>>Dumb Ideologies: Why not turn yourself into a penguin and build an igloo at the centre of the Earth?
>Xovland: I keep getting ads for printer ink. Sometimes, when you get that feeling down there, you have to look at some steamy printer pictures.
Click for Da Funies

RIP Dya

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Ethel mermania
Post Overlord
 
Posts: 126566
Founded: Aug 20, 2010
Father Knows Best State

Postby Ethel mermania » Wed Sep 22, 2021 6:59 am

Infected Mushroom wrote:
Ethel mermania wrote:I am being framed?


I go pay the witch queen to kill whoever is behind it and all their loved ones.


Witch Queen or Mafia Queen?

I don’t think there’s ever been a hypothetical where the Witch Queen took on contracts.

Times are tough business needs to expand.
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San Lumen
Post Kaiser
 
Posts: 81311
Founded: Jul 02, 2009
Liberal Democratic Socialists

Postby San Lumen » Wed Sep 22, 2021 7:13 am

Take the stand. If I didn’t do it the evidence would come out that I was innocent via my testimony.

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Infected Mushroom
Post Czar
 
Posts: 38837
Founded: Apr 15, 2014
Corrupt Dictatorship

Postby Infected Mushroom » Wed Sep 22, 2021 7:45 am

San Lumen wrote:Take the stand. If I didn’t do it the evidence would come out that I was innocent via my testimony.


There's nothing in your past or present that the prosecution can throw at you?

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