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Good or Bad? - 10/26/2007 11:57:14 AM

SmokingGun82

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I'm not sure if this is a good thing, or a bad thing...

http://www.baltimoresun.com/news/local/annearundel/bal-te.ar.victims19oct19,0,1721522.story?page=1&coll=bal-movies-utility

I'm fairly sure the argument can effectively be made either way, but in this particular case, with the facts presented as they are, it seems like an abusive asshole got let off. The judges comments are also a little worrisome.

Either way, I don't know exactly how I feel about this one.

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RE: Good or Bad? - 10/26/2007 1:13:20 PM

cautiousiasub

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I can see both the good and the bad. In the case of domestic violence, the victim is often afraid to testify. If courts start dismissing cases where the victim won't testify, won't this basically encourage the abusers to become more intimidating to the victim? In the case in the article, I have to agree with you...an abusive asshold got let off.

On the other hand, what if it was consensual? Would we feel the same way about the judge dismissing without the "victim's" testimony? I am with you on not knowing how I feel about this one. It's one of those gray areas as far as I can see.

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RE: Good or Bad? - 10/26/2007 2:06:37 PM

Kaiynasha

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Hmm. Domestic violence is domestic violence. Many survivors do not want to talk for fear of retribution. However, I don't see why her written testimony couldn't be offered into evidence- if there was something written. Many states have laws now that state whether the victim says anything or not- if the officer is witness to what happened an arrest can occur. The judge's dismissal simply says that the police officer's account means nothing. Therefore guess what...less victims will want to go to court now or speakout. I am sure the victim in this case feels quite frightened and wonders what will happen to her now.

God Bless her.

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RE: Good or Bad? - 11/4/2007 1:50:37 PM

Lucullus

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Yeah, from the link you gave, it seems like this was a pretty-clear cut case. We don't have all the facts, but I'd say he is guily "beyond a reasonable doubt." If this was s/m or something, I'm sure she could have said so to the judge.

The presumption of innocence is a very important part of our legal system, but sufficient evidence must be able to land a conviction.

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