#criminal court defense law or prosecution
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strawberryserpent · 13 days ago
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Pray for me, I'm probably gonna end up in criminal law
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lord-squiggletits · 2 months ago
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"How come Orion was okay with Bee cutting people in half but not Megatron killing Sentinel"
Well you see there's a difference between killing someone in combat when they're actively trying to kill you back (self-defense) versus killing someone who's been physically disabled, can no longer fight, and is actively surrendering and trying to run away, hope that helps
#squiggposting#i mean the moral argument is basically that killing a surrendering enemy is not very cash money in general terms#but honestly to draw a real life comparison. ive studied use of force/lethal force laws bc i own a gun#and of course this is just a US standard that varies by state and ppl have lots of feelings about what's 'justified'#but even in one of the most gun supporting states (texas) you need to like. justify your use of lethal force#the legal terms/situations dont really apply to the situation in TF1 bc it's like. civil war vs civilian/civilian crime#but one of the legal contingencies to justify using lethal force in self defense is basically that there has to actually be danger#and even if someone objectively attacked you first. if you attack them back and disable them to the point they're crawling on the ground#most courts of law would not find it acceptable for you to pull out a gun and kill them (use of deadly force)#bc even tho you can argue 'they attacked me first' you cant argue that you were actually in danger at the time you chose to kill them#so like. legally speaking even in cases of self defense in the most pro gun pro self defense states in a pro gun country#if you use deadly force on someone who can't fight back against you and is no longer trying to attack you at the time you use it#you're probably gonna be slapped with charges. and if you dont get prosecuted criminally you certainly will be civilly#anyways. TLDR killing surrendering enemies is generally considered not very cash money even if they attacked you first
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cinnamorollcrybaby · 3 months ago
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Couldddd you please write something with hiromi?? I'd appreciate itttt so muchh :)
At Law
Tags: Hiromi Higuruma x fem!Reader, modern!au, nsfw, mdni, academic rivals, enemies to lovers, hate fucking, unhinged!hiromi, depictions of violence including murder
Synopsis: Being the state’s district attorney was your dream job. After years of law school and hard work, you were finally appointed the job and allowed to represent the state in court. You singlehandedly decided which cases to prosecute and who to bring to justice. When your old academic rival, Hiromi, shows up as a defense attorney in court one evening, you know he’s going to give you a hard trial… and a hard fuck.
An: Anything for you nepobaby :)) Hope you enjoy this. I swear I'm going to make these shorter every time, but then, I start writing and literally can't stop.
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You two have been chasing each other for the longest time.
It started in law school. You don't exactly remember how it happened, but slowly over time, you and Hiromi began playing your little academic race.
Both of you were brilliant, quick, and determined. Honestly, you two were like a professor's dream to have.
You found yourself studying longer, committing to all-nighters just to read over several codes of law and past cases in the court. All of it just to score a little bit higher than him on a test.
But dammit, he was faster than you when answering questions the professor proposes. His photographic memory serves him well as he's able to distinctly remember what code a law comes from and where the code is at in the Code of Federal Regulations.
Don't even get me started on how mock trials went. The professor would actually have to stop pairing you two against each other because it would become so toxic and brutal between the two.
As law school progressed, the workload just got worse. The school expected you to complete assignments, study for the bar, and take on unpaid internships. You were a slave for your degree.
Hiromi wasn't immune to those types of pressures either, and as much as he hated to admit it, study partners help retain information better. It would help effectively consume the source material in half the time. Unfortunately, the rest of his peers were just so beneath him...
Well, besides you.
All-nighters weren't lonely anymore. You and Hiromi would drink enough caffeine to kill an elephant and go through weeks worth of content in a night.
"You know... the release of endorphins can help concentration and reduce stress, thus helping students study." Hiromi said one early morning.
It was around four a.m, and you two were covering the petty crimes section. To say it was incredibly boring was an understatement. Students like you and Hiromi would never represent or prosecute clients in petty crimes. You two were destined for so much more.
"What are you suggesting, Hiro?" You ask before a small yawn escapes your mouth. You hadn't even looked up from your book.
"I'm suggesting that we help each other by taking a quick break." He responds as he shoves the book away from your lap. Your surprised eyes look up at his tired ones, and he cups your cheeks before he leans down to kiss you.
You would walk into class sore the next day. As soon as the adrenaline from one round wore off, you two were gunning for the next.
Your study sessions continued on and so did your competitiveness.
When you scored one point higher than him on the bar, he hate fucked you until morning.
Then, he made it his mission to surpass you everywhere else too. Recruiters and attorneys personally from different law firms were ringing Hiromi's phone constantly.
You genuinely believed that he would take the calls on speakerphone just to fucking spite you. You could hear the lawyers on the phone praise him so highly, practically begging for him to come practice at their firm.
Of course, you were getting some recruitment opportunities too, but it was still somehow harder for women to find jobs in the criminal justice field than it was for men. You also hadn't been selling yourself to these firms as much as he was because you had your mind set on working for the state. You wanted to be a prosecutor for the district attorney.
The icing on the cake was when you two were having one of your "study breaks" (aka Hiromi had you bent over your bed, and he was delivering the deepest, most toe curling backshots known to man), and he took a phone call from the district attorney's office.
His hand covered your mouth as he continued to thrust roughly into you while the man on the phone offered Hiromi a job.
"Hm? Oh, thank you for the opportunity." He graciously spoke over the phone as he was absolutely bullying your insides. Your stomach coiled from anger and arousal. You fucking hated him so much. "I'm weighing out all of my options now, but I'll have an answer for you by the end of the week, sir."
After more pleasantries, he hung up the phone and bent over to where he could whisper in your hear. "Hear that, little dove? I'm getting job opportunities from the state while you're under me getting ruined."
"You know, I'll probably be too busy from here on out to play this childish games with you." Thrust. "That'll be too bad, won't it?" Thrust. "Can't say I'll miss you though." Thrust. "Maybe this pretty cunt, but that'll probably be it." Thrust. "Better make this last one count, shouldn't we?" Thrust.
Oh, and he made good on his word. Your entire body ached after he made you finish for the nth time that evening. "I'll see you around, little dove." He whispered in your ear before pressing a kiss to your cheek and leaving your dorm.
He made good on his word about that too. He never returned to your dorm. Sure, you two were graduating in two days, but some small part of you thought he'd might come over for a celebration.
No, he left you behind. He left you behind. You lost.
The anger burned hot for a few months as you gathered barrings after law school, especially when you'd see his name in the papers.
Defense Attorney Higuruma gets a non-guilty verdict for alleged drug trafficker!
Higuruma sways jury in closing argument, providing the most gut-wrenching speech!
Higuruma, Higuruma, Higuruma.
He was a fucking sensation in the criminal justice field, and his name left a sour taste in your mouth.
The anger only started to subside once you landed your dream job after a long internship. You were finally a prosecutor in a major circuit court in the crimes division.
Hiromi's name finally fled from your brain as you started to flood the newspapers.
Prosecutor helps put away notorious serial killer for life.
Cartel drug lord behind bars after district attorney helps deliver a guilty verdict for over 32 charges.
You finally felt like you hadn't been left behind. You were living the life you wanted to live ever since you were little. Did you imagine you'd be married by now? Yeah, sure. You just... hadn't met the right one yet.
Dating was hard while maintaining a professional career. You had to be extremely choosey for one. It would be scandalous to see a prosecutor dating someone with a criminal record.
And the men were sweet, don't get me wrong. They'd take you on nice dates, write you pitiful love letters, and treat you like a princess... They were all so collectively boring, especially in bed.
You'd tell them! You'd give them incredibly detailed instruction to be rough and mean to you, but they'd always laugh and make some excuse for not wanting to hurt you. Ugh.
Maybe you were ruined by Hiromi... because the only thing that got you off nowadays was the thought of him whispering hateful words into your ear while pounding himself into you with little concern or remorse.
Slowly, the gifts would start appearing.
A bouquet of white roses sitting on your desk. Do you miss me, LD?
You thought it was a simple mistake or a sick prank from one of the criminals you help lock away. You would quietly dispose of the gifts until the slowly became more alarming.
Miss your sweet sounds, LD. An audio recording of you moaning on a tape recorder played.
Who are you trying to look nice for, LD? None of those men could treat you like I did. Pictures of you going out on a date.
I'll take care of them for you. Don't worry your pretty little head, LD. A dead dove.
This was enough to get a harassment and stalking charge, but you didn't want to concern the local police. For one, you knew how lousy the police were when it came to crimes like this from working alongside them. They were honestly an embarrassment. For two, you didn't want this getting out to the public because then copy cats would start up.
You tried investigating on your own, but you came up to a dead end every time. The way this person called you LD made your head spin. That's not even your initials, but the gifts were certainly intended for you.
The only refuge for you was when you were in a court room. You felt safe and protected. A stalker of this degree wouldn't be ballsy enough to confront you in a courtroom while you're surrounded by police and bailiffs constantly.
Your refuge was short-lived by catching a glimpse of a familiar face in court one evening.
He looked as handsome as he did in law school. Hiromi's tired eyes met yours, and he almost immediately cracked a smile as he approached you during recess.
"Well look at you, dove." He smiled as he looked down at you. Hiromi's dark hair laid messily on the top of his head, and he was wearing a full business suit that framed his body nicely. "I see the district attorney's office settled for the second best option after I turned them down. Good for them."
He was still as arrogant and competitive as ever, making your heart flutter like it did back in law school. "Very funny, Hiro." You roll your eyes as you stand to look up at him.
"It's all harmless jokes. I promise. I'm proud of you, really." He assures as his eyes wander your body for just a moment.
You're not use to his praise. Normally, you're not the type to enjoy it, but hearing those words made you clench around nothing as your stomach swirled with butterflies.
"Thanks... I've heard good things about you as well.." You murmur quietly, suddenly losing all your nerve. "So, are you representing someone?"
"I am. I didn't just come here to watch you for fun. Though, I would've had I known you were such a big shot." He nudges your arm gently, causing you to laugh softly. "I'm representing a young man charged with murder. I'm sure you heard about it. Big news all over the television."
"Who was the victim?" You ask as you flip through your case files. If this was a first setting, surely you wouldn't go to trial today, but the thought of going to trial against Hiromi made your heart pound with excitement. Not many lawyers gave you too much trouble during court, but Hiromi... he would be a good match.
"They can't identify the victim. Male, John Doe, early twenties. That's all the information the cops have." He explains, and you start skimming through the case file quickly. It's astonishing that the police made an arrest when there was hardly a body to work from.
"Huh." You muse quietly as you look through the crime scene photos and pictures of the defendant's hands covered in soot from a fire. The victim had been burned.
"I'll be making a motion to dismiss this case based on a lack of substantial evidence linking my defendant to the body. Just a heads up." He then winks at you and walks away from your bar as the judge comes back and sits on the bench.
It seems as though you and Hiromi will have one last back and forth like old times.
When his case gets called before the judge, Hiromi takes the pleasure in speaking first. His client is handcuffed, sitting down next to him. The defendant was young, maybe nineteen. The evidence supporting his conviction was weak, but it was still there. Convincing a jury to convict him will be tough, and that's if the judge doesn't dismiss the charges outright.
After a long, drawn out argument between you and Hiromi about the proponderance of evidence, the judge decides to not dismiss the case.
"In that case, your honor, we would like to request a hearing today." Hiromi speaks with such confidence as he stands before the judge.
"Your honor, the state hasn't had adequate time to prepare for a hearing, and this is first setting. We'd like to request a reset date to prepare our defense." You immediately follow up as you also stand up.
"Your honor, my client has been incarcerated for over twenty-five days for a charge that has flimsy evidence at best. He has a right to a speedy trial." Hiromi rebuttals.
"Enough. We'll have a trial today whether the state is ready to proceed or not." The judge decides. Wonderful.
The trial is as painful as you imagined it to be. The evidence is flimsy, and Hiromi is practically bullying the witnesses on the stand, and when it's your turn for redirect, he practically bullies you with objection after objection.
"And what did the police-"
"Objection hearsay." Hiromi stands from his chair and eyes you with that cold stare of his.
"Your honor, I haven't even finished my question without the defense counsel butting in." You argue to the judge.
"Overruled. Counsel, let her finish." The judge warns.
Your head is practically throbbing by the end of it. The jury deliberates for two hours before coming back with the sentence. You tried your hardest and made good work with what evidence you had.
"On the charge of first-degree murder, we the jury find the defendant... not guilty."
Dammit. Hiromi won once again.
"On the charge of abuse of a corpse, we the jury find the defendant... guilty. On the charge of tampering with physical evidence, we the jury find the defendant... guilty. On the charge of arson, we the jury find the defendant... guilty."
He didn't win.
"On these charges, I will impose a sentence of twenty-five years in the Fuchu Prison with the possibility of parole after ten years." The judge sentences before whacking his gavel down.
You let out an exhausting sigh as you slowly gather your things after court adjourns. Today was likely the hardest day in your career, and you can't help but think about that young nineteen-year-old who won't see freedom until he's twenty-nine.
Hiromi approaches you after the courtroom is completely empty.
"You seem tired, dove." He muses as he loosens his tie from around his neck. He'd never admit it, but you absolutely gave him a run for his money.
"It's not everyday someone gives me that much trouble in court." You softly laugh as you look up at him. You feel your cheeks warm as you realize how close he is to you.
"Yeah? Did it bring back old memories?" He steps closer as his hand slowly reaches up to cup your cheek.
"Hm? Of me winning our mock trials?" You ask with a cheeky grin, and his grip tightens a bit.
"I distinctly remember our record being 15-13 with me having 15 wins." He replies as he leans down to you. He remembers the score you two kept from back in law school?
"You must be still sore about me outscoring you on the bar if you kept up with our scores from mock trials."
"Mmm, quite the contrary actually, you've always been my favorite opponent, even if you piss me off." He replies as he leans down towards you and presses his lips against yours.
The kiss was full of everything you could ever imagine: heat, lust, a hint of resentment towards each other. Before you know it, you're pressed against the table as Hiromi's hands roam your body like he's in a frenzy.
"Hiro.." You moan as he kisses down your neck roughly biting on your flesh. "My office.." You whine, trying to get him to ease up on you just long enough so you two could get out of the courtroom.
"And if I say no, little dove?" He whispers in your ear as his hand slips underneath your dress with such ease. "You'd let me take you right here, wouldn't you?"
"Hiro~" You whine in a breathy tone as his fingers trace around your clit like they did so long ago.
"That's not an answer, little dove." He demands as he applies more pressure. "I asked if you'd let me fuck you on this bar until you forgot your own name."
"Yes-!" You gasp as his fingers skillfully play with your most sensitive area.
"That's what i figured. You were always such a slut back then too. Somethings never change, hm?" He muses as he goes back to sucking and kissing on your neck. His fingers tease near your entrance, but they slowly trail back up to your clit.
"You're lucky I respect you enough." He growls lowly before he removes his hand. "Lead the way to your office."
As soon as you two are behind closed doors in your modest office, clothes are being thrown onto the floor, moans and small whispers of sweet nothings were exchanged. You could quite literally feel your heartbeat fluttering deep inside your cunt.
He gently nudges you to lay down on the leather couch you had in your office for the late nights you spent reviewing evidence. Your skin connects with the soft leather as he gets between your legs. "I wonder if you still taste the same, little dove."
His tongue gently laps at you, and he immediately hums with satisfaction. "Somehow sweeter, actually." He answers his own question as flattens his tongue and licks you from entrance to clit, savoring your fluids of arousal on his tongue.
Your hands find his hair, and you gently tug on it as he helps himself to your wetness. He takes his time, lapping at you slowly while gently suckling on the small bundle of nerves. Sometimes you swear he's spelling his name into your cunt with his tongue before he shoves his tongue directly inside you, drinking your nectar straight from the source.
"H-hiro~!" You whimper as you try to shuffle your hips away. The stimulation was too much to handle.
"Don't try to run from me, little dove." He grunts as he wraps his arms around your thighs and pulls you right back down onto his mouth.
His nose bumps into your clit as you subconsciously ride his face, searching for release. "Yeeahh, there we gooo. There's my little dove.. bein' such a slut." He coos as he buries his face deeper into your core.
His entire face is damp from your delicious juices. He's such a messy eater, getting it all over his chin and nose. His tired eyes flutter up to look at you as you're on the crux of your orgasm.
"Cum on my face, little dove. Let me have you." He instructs before lapping at your cunt like a starved man.
Your voice goes high pitched and breathy as you grab onto his hair tightly, forcing him in even more before you finish all over his mouth. He gratefully continues to run his tongue along your folds until your legs are trembling on his shoulders.
You softly pant as you relax into the couch. You hadn't had an orgasm like that in so long. You had almost forgotten how they feel.
Hiromi looks up at you with a confident smirk and an intoxicated gaze. "Seems like you missed me, little dove."
"Please, I only missed when you're too preoccupied to run your mouth." You retort with a grin.
"Is that so?" He questions as he pulls down his boxers, and his length springs up from the constraints of the fabric. You tug your bottom lip between your teeth as you're reminded of how big he is.
As if on muscle memory, you turn to get in doggy position because that was his and your position of choice back in college, but he grabs your thighs and prevents you from moving.
"Nuh uh. You're gonna look at me when I take you this time." He grins as he positions himself between your thighs. He fists his length a few times before slowly dragging his fat tip up and down your sopping wet folds, savoring the feeling with a small groan. "I wanna see the tears in your pretty eyes, little dove."
You're about to argue and protest about the tears part, but he's quick to shut you up by forcing his length into you all at once. Hiromi's not only long, but he's very girthy, stretching you so deliciously. White hot pain courses through you as your nails dig into the couch.
"Ah-! F-fuck!" You curse as you try to get use to his size.
"Mmm~ you're tight, dove. How long has it been for you, hm? Surely you've fucked someone since college, unless you've been hopelessly waiting for me." He grins as his hips are slow. He allows you the space to almost get use to him before he shoves into you aggressively, making you see stars.
"Ngh... p-probably like.. uh.. oh god, six months?" You answer as you stutter over your words. Your last hookup had ghosted you after you slept with him. Though, it didn't really bother you. He wasn't good in bed at all, and he called you crazy for asking him to be mean to you during the deed.
Hiromi simply smirks down at you, proud of himself for how fast he can make you a mess underneath him.
"Oh, you poor thing... hah.. No one can take care of this pussy like I can, hm?" He taunts as his hands grab ahold of your hips. His eyes are fixated on where you two are connects. He loves watching his length sink inside you.
Your warm wet entrance only serves to suck him in further, causing him to groan and continue his deep, ruthless pacing.
"N-no..." You're not even able to deny it to him and play hard to get. No one comes close to making you feel as good as he does.
His hips snap forward harshly, fucking you deeper into the black leather of the couch beneath you. Your entire body jolts with each rough thrust.
"Only I'm good for you, isn't that right little dove? You're mine, aren't you?" He asks as his hand reaches up and wraps around your throat, gently applying pressure. His eyes are now staring deeply into yours, waiting for an answer.
"Fuck, Hiro.." You whine, unable to commit to saying you're his. He applies a bit more pressure with his thumb and fingertips.
"I asked you a question." He grits as he slams back into you at a dizzying rate. "Are you mine?"
"Oh~ fuck.. I-" You can barely get a word out as he's ruthlessly abusing your little cunt. This was the roughness you had begged all those other guys for. "Yes-! God, fuck, yes." You cry as you feel your stomach clenching with the burning passion of another orgasm.
"I'm gonna let you in on a little secret because you're mine now, dove." He mumbles lowly as he leans closer towards you. His hips keep up with his rhythm as his face is close to your ear. "That guy you sent to prison today was innocent of all counts."
Your hands reach up and hold onto his back muscles as he's rutting deep inside of you, reaching new places with his new position.
"What-? Hiro... I don't.."
"You sent an innocent man to prison, little dove. Doesn't that bother you? You're sick just like me." He continues on, making you feel all confused.
"How... ah~ how do you know he's innocent?" You ask as your eyebrows furrow. Your hands search his back, and your legs wrap around him as if you're hugging him.
"Because I did it." He growls into your ear. "That pathetic excuse for a man wasn't good enough for you, LD."
Chills immediately shoot through your body from him calling you by those damn initials. LD. You cling to him for a moment, unsure of what to even feel or say. His hips continue to rut inside of you.
"What's the matter, little dove?"
LD. Little dove. You squeeze your eyes shut as you finally piece everything together. Your last hookup didn't disappear. Your stalker, Hiromi, took care of him just like he promised he would.
For some sick reason, your stomach continues to clench as he's rocking back and forth. Your eyes meet his.
"Hiro... that's so.." You can't get the words out before you're finishing all over his cock with a high-pitched squeal.
Hiromi grins wildly as he watches you come undone from your orgasm. "My little dove is just as sick as I am, isn't she?" He coos before he leans back up.
His hips starts to drill into you mercilessly, not giving you a chance to catch your breath or even think. "Oh, fuck!" He curses as he's chasing his high deep inside you. “Mmnph~ gonna cum inside you and really make you mine.” He coos as his hips start moving sloppily.
You know it’s so wrong and taboo, but you couldn’t help but feel your arousal start building again. He just confessed to you about a serious crime, yet your pussy was still soaked, making the most delicious plap! plap! plap! noises as he pounded into you.
“Fuuuuck~” He groans as you feel his thick length twitching inside of you as he spills deep into your womb.
For a moment, you’re completely speechless. Hiromi softly pants as he presses small kisses into your collarbones. “‘m sorry. I had to do it, dove. I couldn’t let him get close to you.” He murmurs quietly. “Only I get to hear your sweet sounds. No one knows you better than me.”
Taking a deep breath, you realize that if this ever gets brought to light, you and Hiromi are going down for life. You gently nuzzle your face into his neck. “Hiro, you’re insane.”
“I know that, I do.” His voice is so sweet, cooing to you. “But we can get away with it, even if we’re miraculously caught.” He presses a sweet kiss to your temple.
Well, a year later, and the two renowned lawyers are married. At least you didn’t marry someone with a criminal record ;)
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athena5898 · 12 days ago
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(Al Mayadeen) Declassified UK revealed that Lieutenant General Herzi Halevi, Chief of Staff of the Israeli occupation forces (IOF), received diplomatic immunity during his late-November visit to the UK.
The immunity, granted through a "special mission certificate," protected Halevi from potential legal proceedings under Britain’s universal jurisdiction laws, which allow prosecution for serious international crimes regardless of where they occurred.
During his visit, Halevi held discussions with senior UK officials, including representatives from the Ministry of Defense, the Foreign Office, and Attorney General Richard Hermer. His trip coincided with the International Criminal Court's (ICC) issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Security Minister Yoav Gallant over alleged war crimes and crimes against humanity in Gaza.
While Halevi was not directly named in the ICC warrants, his leadership role in IOF operations in Gaza has attracted significant international attention.
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abstracted-psychopomp · 2 years ago
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What fictional lawyer would you choose to represent you in a court of law?
For this poll assume: they’re acting as a criminal defense attorney, they’re licensed to work in your state and/or country, the others you don’t choose will be working for the prosecution, and you didn’t do it.
Bonus question: Would your answer change if you did do it?
(If you include your reasoning in the tags you get a gold star and a candy of your choice)
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robertreich · 1 year ago
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5 Facts About Trump’s Indictments
Trump’s defenders are still lying about his indictments. Here are 5 crucial facts you can share with whoever in your life needs to hear them.
1. President Biden did not indict Trump.
Four different grand juries — made up of ordinary citizens — indicted Trump after being presented with evidence they found compelling enough to warrant criminal prosecution.
The reason we have grand juries is specifically to help make sure no one gets prosecuted out of a personal vendetta.
2. This isn’t about “free speech”
In all four cases, Trump has been indicted because of what he allegedly did, not what he said. Lots of crimes involve speech, but that doesn’t stop them from being crimes. Even Trump’s hand-picked attorney general, Bill Barr, recognizes this defense is nonsense.
3. It doesn’t matter whether Trump believed the election was stolen
There’s plenty of evidence that Trump knew he lost the election fair and square. His claims of massive fraud were rejected by his own campaign manager, White House lawyers, and his hand-picked Justice Department officials. 
And privately, Trump seemed to admit that he either knew or didn’t care that his claims were false, allegedly criticizing VP Pence for being “too honest,” and allegedly admitting to his Chief of Staff Mark Meadows that he lost and wanted to cover it up.
But even if Trump really did believe the election was stolen, that doesn’t give him the right to allegedly commit a criminal conspiracy to try to steal it back.
4. Trump has received preferential treatment because of who he is.
Trump’s defenders complain about a two-tiered justice system.
They’re right about that, but not in the way they claim. Trump has been given special privileges most criminal defendants would never get.
In all four criminal cases, he has been released without bail. He has repeatedly been spared the indignity of a mugshot. He has not had his passport suspended or had limits placed on his ability to travel — even though two of his criminal cases involve direct threats to national security, and even though he has used social media to issue insults and threats against potential witnesses, behavior that would cause many criminal defendants to be held without bail pending trial.
5. Trump was in legal trouble long before entering politics
Some of Trump’s defenders claim the sheer number of criminal charges and civil suits he’s now facing is proof that he’s being targeted for political reasons. But you have to remember that Trump was the subject of about 4,000 legal actions before ever running for president. From his fraudulent Trump University scam to federal lawsuits over racist housing discrimination, Trump has spent his life in court because of his own shady behavior.
Trump is being prosecuted now because, as four grand juries have found, the strength of the evidence against him merits it. If we fail to hold him fully accountable under the law, the precedent will embolden future presidents to break the law, jeopardize national security, incite insurrections, and possibly even overturn an election.
The principle that no one is above the law is only true if we make it so.
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archangeldyke-all · 11 months ago
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Sevika × Lawyer!reader
I feel like Sevika would be spilling all the gossip. We all know this woman doesn't dance around the point, and her lawyer is just like, "NO. You CAN NOT say that on the stand."
this is SO funny it reminds me of a post that i'll try to find from a while back where someone was like 'sevika didn't even try to keep vi a secret from jinx she just loves to gab' jlsafkdjlfak
also, i have no idea how court proceedings or law in general works, so this is just me bullshitting lmaooo
men and minors dni
when you first started out as a lawyer, you were broke as shit, young, and incredibly overworked as a public defender.
in your first year practicing, you defended a man named silco, who was being charged with drug trafficking. his case was easy-- there wasn't enough evidence for a proper prosecution-- and you managed to get him off with no charges.
five years later, he approached you again. apparently, in the time since you'd last seen him, silco had built himself a successful shimmer business. you were still broke and overworked, but you weren't young and idealistic enough to want to be a public defender much longer. so, when silco asked you to become him and his crew's full time criminal defense lawyer, and when he showed you the paycheck he was willing to give you for your help, you eagerly took him up on his offer.
now, you're working full time under silco's employ. your typical day consists of giving silco legal advice, or bailing his teenage daughter out of jail. his crew is smart, they rarely get caught, but every once in a while you have to enter the courtroom to defend one or another of his goons who tripped up.
like today, for example.
sevika is silco's number two, his right hand woman. you've met her a few times in passing-- she likes to lurk, standing behind silco's desk as the two of you talk or chauffeuring the two of you down to the local precinct to get jinx out. but you've never had the chance to talk to her.
at least not until now.
sevika was arrested, suspected to be the ring leader of the local shimmer ring. she isn't, of course, and it should be relatively easy to get the charges dropped.
it should be.
but as you're talking with sevika in a private room, coaching her for her time on the stand, you realize that this might be one of the hardest cases of your life.
because sevika can't keep a secret to save her fucking life.
"okay, so where were you the night of the 24th?" you ask. sevika blinks.
"oh, was that a friday?" she asks. you nod. she chuckles. "i remember. me and silco were testing out some new product in his office all night. we got a bit carried away... called some girls over, drank the bar dry, heh, it was a good night." she says, smiling.
"sevika, we practiced this!" you say. sevika blinks at you.
"o-oh shit, right. uh, i was at home, in my apartment." she says.
"were you alone?" you ask.
"uh... yes?" she tries. you groan, and move onto a different line of questioning.
"what's your relationship to silco?" you ask. sevika cringes.
"ew, fuck, don't say relationship." she mumbles. you chuckle. "he's my boss." she says.
"and what do you do for work?"
"me or silco?"
"both."
"well, silco runs the operation, i keep his clients and goons in line."
"and what, exactly, is that operation?" you ask. sevika gulps.
"uh. b-buisness?" she tries. you snort. "he runs a bar." she says, biting her lip to keep from talking, likely trying to keep herself from adding on 'and he's the biggest shimmer producer in zaun.'
you're impressed by her restraint, and you smile at her. she grins.
"and what do you do to keep his 'goons' in line?"
"beat the shit outta them. sometimes more, if they really fucked up." she says, shrugging. you groan, leaning forward to smack your forehead against the table between you and your client.
"sevika. you're fucking with me, right?" you ask, dropping your lawyer voice to talk to the woman across from you. she hums.
"trust me, hotstuff, if i was fucking you, you'd notice." she says, smirking. you groan.
"that's not what i--!" you cut yourself off to take a deep breath. sevika grins. "don't give me that smile, you're gonna end up in prison if you don't get your act together!" you scold. sevika shrugs.
"would you come visit me?" she asks, batting her eyelashes at you. you huff.
"cut it out." you say. "this is serious, sevika, how the fuck are you so bad at lying?"
"i dunno. fuck do i have to lie for? i say what i mean, and i mean what i say." she says. "like, for example, i'd really like to get to know you better. both mind and body." she says, smirking again. you can't contain your laugh, despite the growing concern you have for the woman in front of you.
"i can't go out with clients." you say. sevika pouts.
"why not?"
"i could lose my license." you say. you shuffle through your papers as sevika eye fucks you, trying not to get distracted by your attractive client. "okay, let's try some easier questions. when did you start working for silco?" you ask.
"ten years ago."
"and he immediately appointed you to second in command?"
"fuck yeah he did. have you seen me fight? he'd be stupid not to."
"sevika!" you cry. she blinks.
"what?"
"you can't say that! you can't say any of this!" you rant, raising from your seat to begin pacing. "you-- do you want to end up in stillwater? because that's where you're headed if you don't get your head out of your ass and start taking this seriously."
sevika blinks at you, a smirk on her lips, one of her eyebrows raised. "you're hot when you're angry." she says. you could strangle her. instead, you throw a handful of papers at her head. she squawks and dodges them, and you scrub your forehead in frustration.
you take a break, slumping down in your chair and collecting your thoughts. sevika pulls out a joint, and you make grabby hands for it. she snorts as she hands it to you.
"don't think you're supposed to get high on the job."
"yeah, well you're giving me a migraine. gimmie." you demand, snatching the joint out of her hand and putting it between your lips. sevika just giggles, lighting the end for you as you inhale. "thank you." you say after a moment, exhaling the smoke and passing the joint back to your client. she takes a hit and relaxes back in her chair, her eyes not leaving yours.
"fuck are you looking at?" you ask. sevika shrugs.
"you're very attractive." she says simply. "i've always thought so. and now you're all huffy and angry at me-- it's only making me like you more." she says again. blunt as ever. you sigh.
"tell you what." you say after a while, taking the joint from her mouth and putting it in your own. you take a hit, rising from your seat and rounding the table, before sitting on the table top right in front of her. you blow the smoke out in her face, and sevika blinks up at you, stars in her eyes. "if you start taking this seriously, and if you don't end up incriminating yourself on the stand, once the charges are dropped-- which they will be if you get your shit together-- i'll let you take me out to dinner." you say.
sevika grins. "really?" she asks. you nod. "dinner and dessert?" she asks, her eyes dragging down your body. you snort.
"don't push your luck." you mumble. sevika just smiles.
she ends up getting her act together pretty quickly after that. you aren't sure if she was truly that motivated by your offer-- or if she was just being obnoxious before-- but either way, you're happy.
when her day in court arrives, sevika's cool, calm, and collected. you aren't. you're nervous as shit, worried that she'll slip up while being questioned.
before the judge arrives, sevika nudges your foot with hers under the table. you look up from your papers to stare at her. "what?" you ask.
"relax. 'm not gonna fuck up a chance at goin' out with you." she whispers. you huff a laugh.
"you're ridiculous."
"mhm, and you like it." she says.
she ends up doing great. there are a few moments where she nervously eyes you from her spot on the stand, and you have to dig your nails into your palm to keep from mouthing the lies you'd rehearsed together to her. she figures it out though.
and when court is dismissed, after the charges being dropped, you don't even leave the courthouse before sevika's tugging you into a supply closet and pressing you against the door.
you smile at her.
"i did it!" she says, giddily. you giggle. "you did it!" she adds on, shaking you by your shoulders. your giggle turns into a full-blown laugh, and sevika grins at you.
"congratulations, sev, you're a free woman."
"free to do this too, right?" she asks, her hands coming up to cup your face. you snort and nod.
"i guess a deal's a deal." you say. sevika giggles.
"oh please, like you haven't been counting down the days until you could get your hands on me." she mumbles, rolling her eyes. you giggle and shrug.
"i plea the fifth." you say. sevika laughs, and then you tug her forward by her suit jacket to press her smiling lips against yours.
taglist!
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odinsblog · 7 months ago
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When US Senator Bernie Sanders argued two months ago that it was time for the United States to halt new military aid to Israel, the Biden administration and most members of Congress refused to take him seriously. They didn’t listen when the Vermont independent urged them to “block unfettered offensive military aid to the extremist Israeli government—a government led by Prime Minister Netanyahu, who is continuing his unprecedented assault against the Palestinian people.” They dismissed Sanders’s warning that “Netanyahu and his extremist government are clearly in violation of US and international law and, because of that, should no longer receive US military aid.”
They cannot ignore the compelling case for a suspension of aid—based on both international standards and US law—any longer.
With the decision of the International Criminal Court’s prosecution team to seek arrest warrants for Netanyahu and Israeli Defense Minister Yoav Gallant—along with Yahya Sinwar, the Hamas leader in Gaza; Mohammed Diab Ibrahim al-Masri, who is better known as Mohammed Deif, the leader of the Al Qassem Brigades; and Ismail Haniyeh, Hamas’s political leader—it is time, once and for all, to stop making excuses. The five named individuals face charges that they have engaged in war crimes and crimes against humanity: the Hamas leaders for the role in plotting and implementing the October 7 attack that left at least 1,200 dead, and the Israeli leaders for launching an assault on Gaza that has left more than 35,500 Palestinians dead, a substantial portion of them women and children, and wounded almost 80,000.
The prosecutor’s decision to apply for the warrants should tip the balance, even for those who have been cautious about pressuring Israel, against the allocation and distribution of any additional US military aid.
It is true that the legal process is just beginning. ICC judges must decide which warrants, if any, will be issued. But the seriousness of the charges against the Israelis ought to cause the president and Congress to press the pause button—for practical, political, and moral reasons.
According to Karim Khan, the ICC’s chief prosecutor, the charges against Netanyahu and Gallant include “causing extermination, causing starvation as a method of war, including the denial of humanitarian relief supplies, deliberately targeting civilians in conflict.” The charges against the Hamas leaders are equally grave. But as Khan explains, the Israeli response to the October 7 attack has had a disproportionately deadly impact on civilians in Gaza.
“The fact that Hamas fighters need water doesn’t justify denying water from all the civilian population of Gaza,” said the prosecutor.
(continue reading)
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simply-ivanka · 8 months ago
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Trump and the Lawfare Implosion of 2024
Will his prosecution end up putting him back in the White House?
Wall Street Journal
By Kimberley A. Strassel
What’s that old saying about the “best-laid plans”? Democrats banked that a massive lawfare campaign against Donald Trump would strengthen their hold on the White House. As that legal assault founders, they’re left holding the bag known as Joe Biden.
In Florida on Tuesday, Judge Aileen Cannon postponed indefinitely the start of special counsel Jack Smith’s classified-documents trial. The judge noted the original date, May 20, is impossible given the messy stack of pretrial motions on her desk. The prosecution is fuming, while the press insinuates—or baldly asserts—that the judge is biased for Mr. Trump, incompetent or both. But it is Mr. Smith and his press gaggle who are living in legal unreality, attempting to rush the process to accommodate a political timeline.
What did they expect? Mr. Smith waited until 2023 to file legally novel charges involving classified documents, a former president, and a complex set of statutes governing presidential records. The pretrial disputes—some sealed for national-security reasons—involve weighty questions about rules governing the admission of classified documents in criminal trials, discovery, scope and even whether Mr. Smith’s appointment as special counsel was lawful. Judge Cannon notes the court has a “duty to fully and fairly consider” all of these, which she believes will take until at least July. This could push any trial beyond the election.
Mr. Smith’s indictments in the District of Columbia, alleging that Mr. Trump plotted to overturn the 2020 election, have separately gone to the Supreme Court, where the justices are determining whether and when a former president is immune from criminal prosecution for acts while in office. A decision on the legal question is expected in June, whereupon the case will likely return to the lower courts to apply it to the facts. That may also mean no trial before the election.
A Georgia appeals court this week decided it would review whether Fulton County District Attorney Fani Willis can continue leading her racketeering case against Mr. Trump in light of the conflict presented by her romantic relationship with the former special prosecutor. The trial judge is unlikely to proceed while this major issue is pending, and the appeals process could take up to six months.
Which leaves the lawfare crowd’s last, best hope in Manhattan District Attorney Alvin Bragg’s muddled charges on that Trump 2016 “hush money” deal with adult-film star Stormy Daniels. That case was a mess well before Judge Juan Merchan allowed Ms. Daniels to provide the jury Kama-Sutra-worthy descriptions of her claimed sexual tryst with Mr. Trump, during which she intimated several times that the encounter was nonconsensual.
Mr. Trump is charged with falsifying records, not sexual assault, and even the judge acknowledged the jury heard things that “would have been better left unsaid.” He tried to blame the defense for not objecting enough during her testimony, but it’s the judge’s job to keep witnesses on task. Judge Merchan refused a Trump request for a mistrial, but his openness to issuing a “limiting instruction” to the jury—essentially an order to unhear prejudicial testimony—is an acknowledgment that things went off the rails. If Mr. Trump is convicted, it’s also a strong Trump argument for reversal on appeal.
Little, in short, is going as planned. The lawfare strategy from the start: pile on Mr. Trump in a way that ensured Republicans would rally for his nomination, then use legal proceedings to crush his ability to campaign, drain his resources, and make him too toxic (or isolated in prison) to win a general election. He won the nomination, but the effort against him is flailing, courtesy of an echo chamber of anti-Trump prosecutors and journalists who continue to indulge the fantasy that every court, judge, jury and timeline exists to dance to their partisan fervor.
These own goals are striking. Mr. Smith wouldn’t be facing delays if he’d acknowledged up front the important constitutional question of presidential immunity, or if he’d sought an indictment for obstruction of justice and forgone charging Mr. Trump with improperly handling classified documents, which gets into legally complicated territory. The federal charges might carry more weight with the public had Mr. Bragg refrained from bringing a flimsy case that makes the whole effort look wildly partisan. And Ms. Willis’s romantic escapades have turned her legal overreach into a reality-TV joke.
Democrats faced a critical choice last year: Try to win an election by confronting the real problem of a weak and old president presiding over unpopular far-left policies, or try to rig an outcome by embracing a lawfare stratagem. They chose the latter. Perhaps a court will still convict Mr. Trump of something, although that could play either way with the electorate. Lawfare as politics is a very risky business.
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onlyangellucifer · 11 months ago
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I LOVE YOU, ITS RUINING MY LIFE
PLOT:
It’s the biggest trial of the year and the whole world is watching. Stakes are higher and tension is higher. Little do they know, the prosecutor and defence attorney are in love.
OR
Harry is a popular defense attorney in London & Y/N is a popular prosecutor. Both are known for rarely losing & now they’ve found themselves in a pickle.
☾ ⋆*・゚:⋆*・゚:✧*⋆.*:・゚✧.: ⋆*・゚: .⋆ ☾
WARNINGS:
Mentions of murder, blood, and the likes (nothing too graphic), smut (in the future), angst, fluff, etc. will add more if any others pop up!
AUTHORS NOTE:
Hello!! Ive been MIA, sorry. However, ive come bearing gifts! Below the cut is a sneak peak at this new short series (no more than 6 parts atm). Im working on the other series’ too, sorry for the delay. Hope you can forgive me. Anyways i hope u enjoy defense attorney!Harry 🫶🏼 the preview also isnt proof read, so excuse any typos. Meaning things WILL be changed / could be changed & moved around! Not sure of word count, but cant be more than 1500. Its short.
London hasnt seen a case this high profile since the case of Harold Shipman, who killed up to 250 victims. Many feared this may be another case of Jack The Ripper, as they double checked their doors at night, hoping the serial killer wasn’t going to show up at their door. The relief that washed over the town when the police had finally caught the man whom they think is responsible for the latest killings of 20 men and women. The scenes were too graphic to show on tv.
Y/N ended up with the case. The crime scene photos were unnerving to her and interviewing the victims families made it even worse. Bile creeping up throat as she read the horrific things that happened to each victim. She wanted to know this case by the back of her hand, because of course she was up against one of the top defense attorneys in the country. He rather lost and found plot holes in every single case, having a 97% success rate with getting his clients off the hook and their record clear. She thought noone would pick up the mans case, there was so much evidence that pointed towards the man.
Harry was attractive, tall, dark hair and those piercing greenish hazel eyes. Y/N was nervous and she hated being that way. Harry often came by the law firm, having connections with anyone and everyone. His career was unmatched, he was handsome, wealthy, the whole package. Yet he was single and that blew Y/N’s mind.
Harry was just as shocked as Y/N to learn they’d facing each other in court. He was certain his client did it, but, he had to defend him anyways. He was called by the court to do it pro bono, as noone else wanted to take the case. If he lost, his numbers would certainly be impacted. If he won, people may look at him differently in a moral sense. Surely though there was a plot hole and the prosecution would slip up. He couldnt believe it was Y/N who got the case. Soft, shy, gorgeous Y/N. He already developed this small crush on her and now he had to take her on in court? Surely this wasnt a good thing. It had to be God punishing him for helping criminals and making a good living while doing so. Harry always viewed her as the more submissive type and his dirty thoughts were hard to keep at bay. Maybe that was the reason God was punishing him.
While Harry laid awake, staring at the ceiling, Y/N was doing the same. Y/N had never seen Harry in action, but, she’s heard how he’s always been strict and concise in the court room. His dominant side coming out, and that scared Y/N. Especially because she imagined him being dominant somewhere else, mainly at night when she lay in bed alone with her thoughts and hands.
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houseofbrat · 7 days ago
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By Mark Bederow Mr. Bederow is a criminal defense lawyer and a former Manhattan assistant district attorney. The murder of the health care executive Brian Thompson on a Midtown sidewalk was shocking, brazen and seemingly methodical, but it wasn’t all that sophisticated. It didn’t take long for the authorities to identify Luigi Mangione as the likely murderer and arrest him. They had surveillance videos and various sightings. They are said to have forensic evidence linking him to the crime. A gun he had when he was arrested in Pennsylvania is said to be the same type of gun as the murder weapon. A notebook attributed to Mr. Mangione is said to have mentioned Mr. Thompson’s company, UnitedHealthcare, and that he planned to shoot a C.E.O. “These parasites had it coming,” he wrote, condemning health care companies for callous greed. In other words, Manhattan prosecutors have what looks to be a pretty straightforward case of second-degree murder, the charge that is almost always filed in New York State in cases of intentional murder.
But the Manhattan district attorney, Alvin Bragg, instead has charged Mr. Mangione with first-degree and second-degree murder in furtherance of terrorism (among other charges), which requires lifetime imprisonment in the event of a conviction. (The maximum sentence for second-degree murder without the terrorism charge would be 25 years to life.) By complicating a simple case, Mr. Bragg has increased the risk of acquittal on the most serious charge and a hung jury on any charge. Since Mr. Mangione is already being celebrated by some as a folk hero because of his rage against the American health care system, the terrorism charge, which alleges that Mr. Mangione “intended to intimidate or coerce a civilian population, influence the policies of a unit of government” and “affect the conduct of a unit of government,” almost certainly will turn the case into political theater. By charging Mr. Mangione as a terrorist, prosecutors are taking on a higher burden to support a dubious theory. In trying to prove that Mr. Mangione killed Mr. Thompson to “intimidate or coerce a civilian population,” prosecutors will presumably argue that the civilian population comprises health care executives and employees. But New York appellate courts have taken a very limited and fairly traditional view of what constitutes a civilian community under the terrorism law that was enacted within days of the Sept. 11 attacks.
The evidence appears to suggest that Mr. Mangione was bent on assassinating Mr. Thompson rather than intending “to sow terror,” as Mr. Bragg alleged in his news conference unsealing Mr. Mangione’s indictment. Mr. Mangione’s notebook reportedly says that he planned a targeted assassination because he did not want to “risk innocents.” So while this statement incriminates Mr. Mangione as a murderer, it appears to undermine the terrorism charge. By taking on the burden of trying to prove Mr. Mangione’s essentially political intent, prosecutors could amplify the criticisms of the American health care system that have made Mr. Mangione so alarmingly popular. The district attorney would provide Mr. Mangione a soapbox upon which he will be allowed to rail against the American health care system while trying to garner sympathy. Given the national debate over the role of insurance companies like Mr. Thompson’s, prosecutors will have a hard time, in any case, weeding out jurors who have some sympathy for the defendant. By turning Mr. Mangione’s supposed intent into a central element of the trial they invite juror nullification, in which jurors ignore their instructions to focus on the facts and instead let their points of view influence their verdict, leading to a hung jury, if not a full acquittal. At a standard second-degree murder trial, the jury would be instructed that the prosecution need only prove that Mr. Mangione committed the crime. Motive does not need to be considered. Perhaps Mr. Mangione’s most feasible defense would be a psychiatric one, alleging that he is not criminally responsible “by reason of mental disease or defect.” Unless there is persuasive evidence that has yet to be revealed, such a defense would be fairly easily undermined by evidence of Mr. Mangione’s detailed planning, concealment and flight. But the terrorism charge could slightly enhance such a defense if a jury is subjected to Mr. Mangione testifying about his grievances against the health care system and how it led a seemingly intelligent and grounded young man to assassinate an individual he didn’t know simply because he was a top executive at the nation’s largest insurance company.
And if the threat of life without parole is simply being used as a cudgel to leverage a plea to second-degree murder, how would Mr. Bragg justify wiping away the terrorism charge? It brings to mind the Daniel Penny case, in which Mr. Bragg brought a manslaughter charge, then dismissed it when jurors deadlocked, leading to an outright acquittal on even the lesser charge. The bottom line is that by choosing to make an open-and-shut murder case into a complicated debate on the health care industry, the district attorney risks highlighting the most troubling aspects of the case and making a conviction more difficult.
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ninyard · 6 months ago
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I've been thinking about the Aaron trial a LOT and kinda fell into a rabbit hole about it and thing is. Aaron is guilty. Like 100% guilty. The prosecution can't prove first degree murder but they don't need to because they can charge him with 2nd degree, aka "murder of passion". It was a charged moment and Aaron responded by killing the dude. Yes he deserved it and yes it's still murder, with considerable jail time.
There are 3 ways for Aaron to get off here (not including Moriyama interference). One, jury nullification. The jury basically decides that yes he did it BUT he shouldn't go to jail for it so we're gonna vote as if we're not convinced he did it. Incredibly rare but legal. Two, Aaron's lawyer successfully argues that Aaron was acting in self defense on Andrew's behalf. They could potentially try to have Drake charged with SA and CSA posthumously, and use the details of that trial as evidence in Aaron's. Three, and this ties into 2, JAG (military legal branch) tells the SC courts they don't want a public trial. From here it becomes internal politics, and might result in a plea deal in exchange for the whole thing getting shoved under the rug.
it seems to me like jury nullification is one of those old laws that don't really hold up in a modern setting, like if you suggested it now, i don't know if they'd actually go forward with it?
the best i've come up with is that he's aquitted for accidental death or self defence and the jury are swayed by andrew, neil and higgins' testimonies, or he's found either guilty or not guilty of involuntary manslaughter. just throwing some random thoughts out into the world. (let's disregard first degree murder.)
voluntary manslaughter in SC can't be given without "heat of passion and sufficient legal provocation" present. "The heat of passion refers to the defendant experiencing some type of uncontrollable emotion, such as rage or terror. The heat of passion does not excuse a homicide, but it does remove malice. Legal provocation refers to circumstances that would cause a reasonable person to lose self-control."
IM NOT A LAWYER but i think it might be hard to prove this - it happened SO quickly that there's not enough evidence beyond reasonable doubt to prove that it was an intentional act of passion with reasonable provocation.
involuntary manslaughter can't be given without "criminal negligence" or essentially a reckless or hazardous disregard for safety etcetc. in SC code of laws it says "criminal negligence is defined as the reckless disregard of the safety of others. A person charged with the crime of involuntary manslaughter may be convicted only upon a showing of criminal negligence as defined in this section."
AGAIN IM NOT A LAWYER but i think there's probably ways to argue that there was no criminal negligence on aarons behalf because it wasn't technically reckless. i think aarons lawyers would argue that it wasn't a homicide at all but was an accident because aarons behaviour wasn't technically reckless (in some ways). regardless even if he was found guilty of involuntary manslaughter there's no minimum sentence for it in SC so it's possible he'd avoid going to jail at all because of his character/how unlikely it is he'll reoffend/his prospects in life/his clean record and all that. he'd have parole terms and probably some community service and a fine or something but i think he'd easily avoid jail time even if he was found guilty.
he could still possibly be aquitted on the question of whether ANY category of murder happened beyond a reasonable doubt. the prosecution would have to prove that aaron intentionally swung the racquet with or without intent to kill. i think there's an argument there for an accidental death - which would definitely make this ask even longer so i won't get into my NOT LAWYER thoughts on how/why.
i'm not saying andrew and neil WOULD commit perjury. but they WERE the only people in the room when it happened, and if they can't say that for certain aaron swung the racquet at drake then there's a doubt there about whether it was homicide or not. nobody is denying the murder occured - but the prosecution HAVE to prove that aaron was WILLFULLY negligent and that led to drake's death. just a thought.
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coochiequeens · 3 months ago
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“Section 183 of the Criminal Code only applies to men. If a man uses self-ID to become a woman, he can no longer commit a criminal offense for exhibitionism.” - criminal defense attorney Udo Vetter
If a community is truly oppressed I would think that they would be opposed to any law that would give perverts a legal loophole in their name. But then I've been saying for years that the TQ+ community needs to clean house.
By Marielena Meder September 19, 2024
A trans-identified male from Troisdorf, Germany, is facing charges after attacking multiple women in two disturbing incidents involving knives and exhibitionism. But a debate is now raging in court as legal experts weigh whether the man, who identifies as a “woman,” can be charged with exposing his penis, a crime only males can be prosecuted for.
The man, 56, is scheduled to stand trial in Bonn for threats and grievous bodily harm related to two incidents, one from 2021 and one from 2022. Due to Germany’s strict privacy laws, the man’s full name has not been released, but he will be referred to as “Klaus” for the purposes of this article.
In August of 2021, Klaus followed a woman home and attacked her while she was at her front door. Klaus is alleged to have grabbed her from behind and held a knife to her throat while he wrangled her boots off. The woman fought back, suffering cuts to her neck and hands, and was able to send her attacker fleeing thanks to her loud cries for help. Klaus was wearing women’s clothes at the time of the attack, and is said to be a women’s shoe fetishist.
The next year, in December, Klaus exposed his penis to two women on a train. The regional court in Bonn must now decide whether this was a sexual offense, as Section 183 of the German Criminal Code only imposes a fine or a prison sentence to men for exhibitionistic acts. Because Klaus is legally considered “female,” he may avoid this charge entirely.
The uncertainty is the result of Germany’s recently-passed gender self-identification law, which is considered by many to be the most relaxed legislation of its kind in the world. In 2022, well-known criminal defense attorney Udo Vetter warned about the impact the law would have on criminal proceedings, writing on social media that: “Section 183 of the Criminal Code only applies to men. If a man uses self-ID to become a woman, he can no longer commit a criminal offense for exhibitionism.” 
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The verdict on whether Klaus can also be convicted of exhibitionism is expected within the next two months.
Klaus has an extensive criminal history stretching back years. According to the General-Anzeiger, which referred to Klaus as a “woman,” a reading of his past criminal record took the court over two hours.
In October of 2008, Klaus attacked a 52-year-old woman, violently pulling her to the ground and sitting on her so he could rip her boots off her legs. According to a news article on the incident, Klaus admitted to becoming aroused when he put the boots on after fleeing to a nearby forest. During the subsequent police search, investigators found a whole collection of women’s boots at his home. 
The next year, he attacked a 54-year-old woman who was heading home from carnival celebrations dressed as a female pirate in order to steal her boots. When she fought back, he strangled her, cut her face with a knife, bruised her upper body, and fled. He claimed at the time that he had only been able to commit the assault because he had been allowed to walk free from his 2008 crime.
Klaus was ultimately sentenced to two years and four months in prison after being convicted of aggravated extortion and grievous bodily harm. At the time, the court also recommended he be confined to a permanent placement in a psychiatric institution after hearing expert testimony from a psychiatrist who labeled him dangerous and at risk of escalating his behavior to more serious acts of violence.
On the witness stand, Klaus reported that his obsession with women’s footwear had started with his mother’s clothes, and, when he was just 19 years old, he attacked a woman to steal her boots. His parents are said to have sent him to therapy in vain. 
His stay in the psychiatric clinic lasted around 7 years and, while confined to the facility for his criminal convictions, Klaus changed his legal sex and received breast implants. Disturbingly, due to the laws in place at the time, Klaus would have had to receive the approval of two mental health professionals to proceed with his legal sex change.
Germany’s new Self-Determination Act (SBGG) comes into effect in November. The law, which was met by overwhelming backlash from women’s rights campaigners, established “gender identity” as a protected characteristic and allows parents to change the sex marker on their children’s documents from birth. The SBGG also creates the potential for citizens to be fined up to €10,000 (approx. $11,500 USD) for revealing a person’s given name and birth sex without their permission – an action that trans activists staunchly oppose and refer to as ‘deadnaming.’
The SBGG allows individuals to change their legal sex and name without any diagnosis of gender dysphoria, and does not discriminate against those with criminal records. Even convicted sex offenders such as rapists, pedophiles, exhibitionists and voyeurs can easily change their legal sex and first name at a registry office. 
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beardedmrbean · 22 days ago
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NEW YORK – Jurors on the Daniel Penny chokehold trial returned to deliberations for a fourth day Friday for just an hour before telling the court they could not come to an agreement on the top charge, manslaughter, as they weigh the fate of a 26-year-old Marine veteran and architecture student accused of killing a mentally ill homeless man who threatened to kill people on a Manhattan subway car.
Around 11 a.m., the jurors sent a note to the court stating, "We the jury request instructions from Judge [Maxwell] Wiley. At this time, we are unable to come to a unanimous vote on court 1 – manslaughter in the second degree." 
The charge requires prosecutors to prove that Penny acted with recklessness when he grabbed Jordan Neely in a chokehold. Neely had barged onto the train while high on drugs, threatening to kill passengers during a psychotic episode, according to trial testimony.
DANIEL PENNY TRIAL: JURORS ASKED TO SEE KEY EVIDENCE AGAIN DURING DELIBERATIONS
"In this case, I think that they can't move on to count 2 unless they find the defendant not guilty of count 1," Wiley told attorneys for both sides, despite protests from the prosecution. "I have to at least try to ask the jury to find a verdict on count 1."
Count two is a lesser charge of criminally negligent homicide, which carries a maximum punishment of four years in prison.
Wiley said he would give the jurors "Allen charge" instructions after giving the attorneys time to review.
Allen charges refer to jury instructions given to a hung jury urging them to agree on a verdict. They have a controversial history, with critics warning they can push jurors to change their views under peer pressure. They get their name from an 1896 Supreme Court decision in Allen v. United States.
Penny's defense asked for a mistrial to be declared, but the judge said he would give jurors more time and read them the Allen charge instructions.
He told the jurors their vote must be unanimous, and if they cannot reach a unanimous verdict on the top charge, a new trial will have to be set with a new jury.
"You’ve been a very good jury, and there’s no reason to think that any other jury in a future trial will be any more intelligent or fair than you are," he said.
He asked them not to violate their consciences but to look at the facts again with a "fresh slate."
"Given the factual complexity of the case, I don't think it's been too long," he said.
He sent them back to the jury room just after noon to pick up deliberations.
"A deadlocked jury on the top charge is not a victory for the defendant in a case that should never have been brought to begin with," siad Paul Mauro, a former NYPD inspector. "Daniel Penny is a young man spending thousands on attorneys, he faces a civil case, and a district attorney’s office that has chosen ideology over law enforcement may well retry him if we get a mistrial. His liberty remains at risk. This is not justice." 
Neely was a 30-year-old with schizophrenia who told straphangers that someone was going to "die today" and that he didn't care about going to prison for life. Penny grabbed him from behind in a chokehold to stop the outburst.
Neely later died. He had an active arrest warrant at the time. He was high on K2, a synthetic marijuana drug that functions as a stimulant, and his lengthy criminal record included a 2021 assault on a 67-year-old woman at another subway station.
Penny remained at the scene and spoke with responding officers. He also agreed to speak with NYPD detectives at the Fifth Precinct building.
"He was talking gibberish ... but these guys are pushing people in front of trains and stuff," he told investigators. There were more than 20 subway shoves in the year before Penny's encounter with Neely.
Just three days earlier, a straphanger had been stabbed with an ice pick on a J train, according to reports from the time. It was about a month after a PBS reporter got sucker punched on a No. 4 train. There was a shove a week before that, and the victim hit the side of a moving R train and survived.
In that climate of fear, witnesses said they were terrified by Neely, who shouted death threats at them.
Witness Ivette Rosario, a 19-year-old student, testified that Neely shouted someone would "die that day."
Penny faces a maximum punishment of 15 years in prison if convicted on the more serious charge.
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the-garbanzo-annex-jr · 7 months ago
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By Josh Christenson
House Republican Conference Chair Elise Stefanik called Monday for Congress to sanction the International Criminal Court following prosecutors’ announcement they will seek an arrest warrant against Israeli Prime Minister Benjamin Netanyahu.
“The ICC is an illegitimate court that equivocates a peaceful nation protecting its right to exist with radical terror groups that commit genocide,” Stefanik (R-NY) told The Post.
“Congress must pass my bill with Congressman Chip Roy, the Illegitimate Court Counteraction Act, that will punish those in the ICC that made this baseless undemocratic decision.”
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7Rep. Elise Stefanik (R-NY) met with Israeli Prime Minister Benjamin Netanyahu on Monday morning as the ICC announced warrants against him for crimes against humanity.X / @EliseStefanik
ICC chief prosecutor Karim A.A. Khan announced the filing of arrest warrant applications against both Netanyahu and Israel Defense Minister Yoav Gallant for allegedly committing crimes against humanity during the Jewish state’s seven-month-old war against Hamas in Gaza.
Earlier this month, Stefanik and Roy (R-Texas), responding to reports that the warrants would be sought, introduced the Illegitimate Court Counteraction Act to revoke visas for ICC officials who investigate or prosecute US officials or American allies.
The bill also revokes visas for any other ICC employees or their immediate family members acting on behalf of such an investigation or prosecution.
Israel, like the US, does not officially recognize the ICC’s authority, giving it no jurisdiction over Netanyahu or Gallant, as South Bronx Rep. Ritchie Torres (D-NY) pointed out.
“The decision to seek arrest warrants is not law but politics. It is not justice but rather retribution against Israel for the original sin of existing as a Jewish State and the subsequent sin of defending itself amid the deadliest day for Jews since the Holocaust,” Torres said on X Monday.
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thecurioustale · 6 months ago
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A Supreme Court Ruling that Should Not Be Enforced
I think the Chevron Defense ruling last week is the most dangerous decision by the Supreme Court this year, as it will immediately begin to disrupt the the entire federal executive's ability to function and will directly lead in the coming years to the dismantling of environmental protections, worker protections, regulatory oversight, and much more.
But today's ruling on presidential immunity is, by far, the most unconstitutional ruling of this term, and one of the most breathtakingly unconstitutional rulings I have ever seen or learned about by the US Supreme Court. It is up there with Citizens United (corporations are people), Plessy vs. Ferguson (segregation in schools), and Dobbs (stripping people of acknowledged constitutional rights).
I understand the need for individual officeholders to have blanket immunity from civil litigation (so you sue the organization, not the person) and even some qualified criminal immunity for that officeholder's official activities. But what the Supreme Court did today, in its 6–3 ruling, is declare that the US president need only declare or construe or even simply believe that they are acting in an official capacity, and, therein, they are immune from all criminal liability unconditionally.
The President of the United States is now above the law. Full stop.
For years I have wondered where we should draw the line on lawless behavior and extremism from our courts, especially the US Supreme Court. The thing about our rule of law is that you have to accept the outcome of court cases; if you don't you are basically calling for violent revolution whether you realize it or not, and at an absolute minimum you are calling for chaos and unrest.
I have always asserted that Neil Gorsuch's votes on the Court should not be recognized, as his appointment to the Supreme Court was the result of a power grab by Mitch McConnell. But of course as more time passes this becomes more and more unlikely. And Kavanaugh and Barrett's appointments I have no choice but to accept as legitimate, so even if Gorsuch were not counted this ruling would still have been a significant 5–3 majority.
Citizens United was real close for me to delegitimizing the ruling majority on the bench at the time, and the more recent Dobbs ruling actually crossed my personal line and made all of the justices who signed it unfit to hold their offices, but I figured that it would still be better to resolve the problem by passing a federal abortion rights law when Democrats next have the opportunity and continuing to try to flush the fascist judge problem out of the judiciary through maintaining control of the White House and Senate and appointing new judges over time.
But this ruling, now, raises the possibility by at least an order of magnitude that our constitutional system of democracy and rule of law in America will be dismantled by the next sufficiently extreme or unscrupulous Republican president, be that Trump himself or whomever else.
Just to give you an idea of the landscape that we now live in, Joe Biden could, at this moment, order military special ops teams to assassinate Donald Trump. Hell, he could do it himself: He could walk up to Trump and pull the trigger. And he would be completely immune from criminal prosecution for it now or ever. And that's just the beginning.
If not corrected, this will be used someday to overthrow our democracy. And by then it will be too late for us to do anything about it through peaceful means.
In 2020 I worried that, even if Biden won the presidency, it would just be four years of calm before the real storm began. At the time I wasn't thinking about another Trump presidency but rather the committed fascists high in his party who want to succeed him. Cruz, DeSantis, the usuals. Trump is a buffoon with very little self-control, but a lot of these other people are smart cookies. In 2024 my worry remains relevant: We are one step closer today to handing the fascists our country.
If I were the president at this moment, I would declare this ruling invalid. Because it is. Not only does it have no basis in the Constitution, but it upends some of the most fundamental assumptions of our Constitution and our whole legal regime. I would go before the public and say "This ruling is illegal. This ruling gives me the power to assassinate anyone I want; to run criminal enterprises from the Oval Office; to commit fraud and extortion and embezzlement of your money as taxpayers; to imprison my political opponents, shut down the free press, and forcibly remove from office any judge or police officer with the gall to rule against my actions or try hold me accountable. This ruling makes me a king. That is what makes it illegal. As the leader of the executive branch of our government, I have a duty not to enforce an illegal and unconstitutional ruling, and I am directing all federal agencies to similarly disregard it. Neither I nor any other US president should be placed above the law."
And believe you me, I would be tempted to go a lot further, including appointing six new justices on the Court and no longer recognizing the old six. But for the sake of the country and the way we do things in this country I would limit myself to the above action of refusing to recognize this one ruling.
I understand that this opens a Pandora's box. That's how the fascist resurgence in this country has worked: Republicans will do something completely unreasonable (like gumming up judicial nominations), forcing Democrats to break norms just to get the people's business done (like eliminating the judicial filibuster), which Republicans then turn around and exploit to their advantage (as by using their time in power to appoint whomever they want to the courts). But I think this is the way it has to be. We can't let this ruling stand. The other problems—Citizens United, Dobbs—can be fixed through legislation. This one can't, except maybe by a law that specifically declares that a president is not above the law, which I'm not sure would itself be constitutional. In any case, another problem with that is that fascists are selective in their application of the law. They have no problem ruling in favor of conservatives, but will never permit that exact same legal reasoning to then benefit their ideological enemies.
But yeah, this is bad. The Chevron ruling will begin to erode our federal executive in horrible ways, and this immunity ruling sets the stage for nightmarish conduct by a future president.
I didn't watch the debate the other day, or any of the analysis after the fact. I know who I am voting for, and, on some level, I didn't want to have to watch Biden's inevitably uncharismatic performance. And then everyone started melting down and crying that the sky was falling, so I went and watched a short clip of Biden's worst moments, and I get it. That performance goes beyond the stutter that often wrongly gets conflated with dementia. But in this case he clearly lost his train of thought and he did it on-stage in front of millions of people. That's a rough day.
I still don't think the mate is senile. I have seen plenty of people have the meltdown that he had, and I have had that meltdown myself. It doesn't necessarily mean anything. But even if Joe Biden were hunched over in a wheelchair drooling out the side of his mouth, I would still vote for him, and gladly. Because not voting for him is a vote for Trump, and I would not vote for a candidate who spent the whole debate lying and who himself is a traitor, an egomaniac, a convicted felon, a con artist, a failed coup plotter, and an ethically bankrupt, intellectually stunted manchild. And because, moreover, he has run a good administration. He has good people around him, and can be ably succeeded by Vice President Harris if needed. When you vote for a president you are voting not just for an individual but for a team, and that team's ethos, and I have no doubt which team, which ethos, I support. We are asking the wrong person to drop out of this race.
Anyway! President Biden is going to speak to the public tonight about this court ruling. I don't know what he will say. I don't expect anything meaningful a la refusing to enforce the Court's ruling, but it sure would be nice. President Trump should be prosecuted for his alleged crimes on January 6 (which is the trial most directly impacted by this ruling), crimes of which Trump is unambiguously guilty and which are "alleged" only in the blindfolded eyes of Justice for the sake of due process. America needs this accountability, or we will suffer terribly for want of it in the future.
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