JSM's BEGGING FOR BAN THREAD # 7

[MunkeyMunk]

Is it ME or is today just one of those days??????


headed home to  

[Leroy]

Is it ME or is today just one of those days??????


headed home to  

  

[Fanny Mae]

Had to get up from my nap to meets son's school bus.  I am so angry now, should have never hit the computer.  Since when does the popo serve a search warrant from a traffic stop that happened prior ? Answer: in Elizabeth Olten's case.  WTF? 

The authorities keep this up and there are going to be people with torches and flares. I don't think this is going to float for long. We all know that is bogus. I am just amazed how widespread the pockets of stupidity are in this country.

[Fanny Mae]

Is it ME or is today just one of those days??????


headed home to  

It's been like this for about two weeks.

[Northern Rose]

Had to get up from my nap to meets son's school bus.  I am so angry now, should have never hit the computer.  Since when does the popo serve a search warrant from a traffic stop that happened prior ? Answer: in Elizabeth Olten's case.  WTF? 

The authorities keep this up and there are going to be people with torches and flares. I don't think this is going to float for long. We all know that is bogus. I am just amazed how widespread the pockets of stupidity are in this country.

Guess the locals are not as stupid as some think they are:

l disgusted October 27, 2009 | 4:56 p.m.
A search warrant for a traffic stop? You have got to be kidding me. Seems there are more marbles rolling down the streets in MO than I first thought which may belong to "Authorities".

http://www.columbiamissourian.com/stories/2009/10/27/warrant-near-mo-girls-house-unrelated-case/

[Leroy]

Hi Monkeys!!  Okay I have a question....I have been following a trial going on in TN....2 kids were brutally murdered and today, while the jury was in deliberations, the judge made the families of the victims do a "preview" of their victim impact statements should the verdict come back guilty.  The judge "edited" their statments when they were finished.  Is this normal??? 

Also, the statements could not contain any comments toward the defendant.  How is this right?  These parents lost their children and they aren't even able to address the SOB that did it (assuming he's found guilty)??? 

I never knew this to  be normal practice of our justice system.  If it is, I've lost alot of faith in it.  How can anyone that is convicted of such horrible crimes still have those kind of "rights" in our society.  It sickens me    

[Fanny Mae]

Hi Monkeys!!  Okay I have a question....I have been following a trial going on in TN....2 kids were brutally murdered and today, while the jury was in deliberations, the judge made the families of the victims do a "preview" of their victim impact statements should the verdict come back guilty.  The judge "edited" their statments when they were finished.  Is this normal??? 

Also, the statements could not contain any comments toward the defendant.  How is this right?  These parents lost their children and they aren't even able to address the SOB that did it (assuming he's found guilty)??? 

I never knew this to  be normal practice of our justice system.  If it is, I've lost alot of faith in it.  How can anyone that is convicted of such horrible crimes still have those kind of "rights" in our society.  It sickens me    

I have never heard of such a thing. Not anywhere that I can remember. 

[no rose colored glasses]

Leroy, I have never heard of such a thing, never. Just another example of how everything seems to be topsy turvey and the criminal has more rights, always so concerned with the defendant. 

[Leroy]

Hi Monkeys!!  Okay I have a question....I have been following a trial going on in TN....2 kids were brutally murdered and today, while the jury was in deliberations, the judge made the families of the victims do a "preview" of their victim impact statements should the verdict come back guilty.  The judge "edited" their statments when they were finished.  Is this normal??? 

Also, the statements could not contain any comments toward the defendant.  How is this right?  These parents lost their children and they aren't even able to address the SOB that did it (assuming he's found guilty)??? 

I never knew this to  be normal practice of our justice system.  If it is, I've lost alot of faith in it.  How can anyone that is convicted of such horrible crimes still have those kind of "rights" in our society.  It sickens me    

I have never heard of such a thing. Not anywhere that I can remember. 

Thanks Fanny I haven't either but I haven't followed a trial in a long time.  The judge even decided what photos they could show to the jury during the statements.  Mind you, no photos of these kids were allowed during trial EXCEPT the very gruesome pics of the autopsy showing the torture they endured.  I really cant believe it and thought perhaps I'm just out of the loop on this stuff.

[joesamas mama]

BBL. Picking up Josef, gosh I really need a police scanner for my house and work. 

She's just going to leave us in suspense. 

     

We have windows that face the parking lot, but our breakroom looks out the windows. I went to get water and saw the popo was outside plus 2 unmarkeds. There were 2 uniforms, 1 gang unit and deputy dawg (hospital police) out there with a guy in red shirt talking to him with a backpack beside the rosebush. So two more uniforms show up, my friend and I go take a smoke break. All we could hear was garage, then this pregnant girl gets out of the cop car and that is her backpack. So we thought the guy stole her backpack. Long story short, she must have known the guy. They searched his truck, then after all that he gets in, she is still talking to the guy, she gets in and rides off with him. So that is all I know. I do know that we had a potential new hire come in at this time (don't know if he saw what was happening outside) but that I'm sure didn't make a good impression if he did.

[trimmonthelake]

http://www.ncvc.org/ncvc/main.aspx?dbName=DocumentViewer&DocumentID=32515
Victim Impact Statements

    * Overview
    * Bibliography
    * Endnotes

Overview

The term "victim impact statement" refers to written or oral information about the impact of the crime on the victim and the victim's family. Victim impact statements are most commonly used at sentencing. Such statements provide a means for the court to refocus its attention, at least momentarily, on the human cost of the crime. They also provide a way for the victim to participate in the criminal justice process. The right to make an impact statement generally is extended beyond the direct victim to homicide survivors, the parent or guardian of a minor victim, and the guardian or representative of an incompetent or incapacitated victim.

In a recent survey by the National Center for Victims of Crime, over 1300 victims were asked to rate the importance of various legal rights. Over 80% stated that their ability to make a victim impact statement at sentencing and at parole was "very important."(1)

Every state allows some form of victim impact information at sentencing. The majority of states allow both oral and/or written statements from the victim at the sentencing hearing, and require victim impact information to be included in the pre-sentence report. As of 1997, 44 states and the District of Columbia allow information about the impact of the offense(s) on the victim to be included as part of the pre-sentence report; every state allows victim impact statements at the sentencing hearing, and 47 of them allow oral statements at sentencing. (All statutes discussed in this summary are current through 1997 unless otherwise indicated. Source: National Center for Victims of Crime, Legislative Database.)

At the federal level, victim impact information is to be included in the pre-sentence report. In addition, as part of the Federal Crime Act of 1994, Congress gave federal victims of violent crime or sexual assault the right to speak at sentencing. Through the Child Protection Act of 1990, child victims of federal crimes are allowed to submit victim impact statements in measures which are "commensurate with their age and cognitive development," which could include drawings, models, etc.

Victim impact statements usually describe the harm the offense has had on the victim, including descriptions of the financial, physical, psychological or emotional impact, harm to familial relationships, descriptions of any medical treatments or psychological services required by the victim or the victim's family as a result of the victimization, and the need for any restitution. State law might list the elements to be included in the statement, or it may simply permit a "description of the impact of the offense." In addition, many states allow the victim to state his or her opinion about the appropriate sentence.

Along with victim impact statements at sentencing, the majority of states also permit victim input at the parole hearing of the offender. To provide such input, the victim is usually required to maintain a current address on file with the parole board, the prosecutor's office, or some identified criminal justice agency.

In a number of states, the original victim impact statement that was prepared for the sentencing hearing is included in an incarcerated offender's file by corrections and paroling authorities, and reviewed as part of the parole process. A number of states also invite victims to submit an updated impact statement which can include any evidence of communication they may have received from the offender or the offender's associates since sentencing, as well as any other new or updated information concerning the crime's impact on the victim (such as additional physical therapy, surgeries, etc., or continued psychological impact and/or treatment).

Less frequently, victims have input into bail hearings, pretrial release hearings, plea bargain hearings, and other proceedings. Georgia allows victims to submit an impact statement which shall be attached to the file and may be used by the prosecutor or court in making decisions at any stage of the proceedings involving predisposition, plea agreements, sentencing, or determination of restitution.

Generally, the law specifies that victim impact statements may be oral or written, but in several states the statement may also be made by means of videotape, audiotape, or other electronic means. Such flexibility in the form of the impact statement can be particularly beneficial for victims who wish to give input to a parole board, as the victim may live hundreds of miles from the facility where a parole hearing is held. Several states also allow child victims to submit drawings to describe the impact a crime has had on their lives.
The right to present victim impact information, whether written or oral, is usually guaranteed by law. However, some states leave the matter in the discretion of the judge or other officials (such as the parole board). While the laws do not always ensure that the victim impact statement will do more than allow victims a chance to express themselves, many states specifically require the court or board ruling on the offender's status to consider the victim's statements in making its decision.

In most states, a defendant has the right to contest assertions made in the victim impact statement. This is most often limited to objecting to factual statements in the statement. In a few states, the defendant or defense counsel may have the right to cross-examine the victim about the impact statement.

Until recently, victim impact statements were held inadmissible in cases where the death penalty was sought. However, the U.S. Supreme Court in Payne v. Tennessee (1991) reversed its earlier ruling and found that the admission of victim impact statements in capital cases did not violate the Constitution. A few states continue to prohibit the use of victim impact statements in death penalty cases.

For more information about the use of victim impact statements in your state, contact your local prosecutor's office, your state Attorney General's office, or your local law library.

Leroy,I read that thread Sunday.It truly made me sick.

[Leroy]

Trimm - thank you so much.  so some states dont even allow them?...geez 

Yes, that case keeps me awake at night....just to know that this kind of evil exists.

[joesamas mama]

Hi Monkeys!!  Okay I have a question....I have been following a trial going on in TN....2 kids were brutally murdered and today, while the jury was in deliberations, the judge made the families of the victims do a "preview" of their victim impact statements should the verdict come back guilty.  The judge "edited" their statments when they were finished.  Is this normal??? 

Also, the statements could not contain any comments toward the defendant.  How is this right?  These parents lost their children and they aren't even able to address the SOB that did it (assuming he's found guilty)??? 

I never knew this to  be normal practice of our justice system.  If it is, I've lost alot of faith in it.  How can anyone that is convicted of such horrible crimes still have those kind of "rights" in our society.  It sickens me    

Uhm Leroy, depends on which way of the political spectrum the judge leans in MOO. I am not a lawyer, so I don't know but I will tell you one thing, if that was my statement that was edited. I would read the original one even if the judge slapped me in contempt of court. 

[Leroy]

Hi Monkeys!!  Okay I have a question....I have been following a trial going on in TN....2 kids were brutally murdered and today, while the jury was in deliberations, the judge made the families of the victims do a "preview" of their victim impact statements should the verdict come back guilty.  The judge "edited" their statments when they were finished.  Is this normal??? 

Also, the statements could not contain any comments toward the defendant.  How is this right?  These parents lost their children and they aren't even able to address the SOB that did it (assuming he's found guilty)??? 

I never knew this to  be normal practice of our justice system.  If it is, I've lost alot of faith in it.  How can anyone that is convicted of such horrible crimes still have those kind of "rights" in our society.  It sickens me    

Uhm Leroy, depends on which way of the political spectrum the judge leans in MOO. I am not a lawyer, so I don't know but I will tell you one thing, if that was my statement that was edited. I would read the original one even if the judge slapped me in contempt of court. 

JSM - i agree, I would be so tempted to speak my mind but would be afraid that it would then be a mis-trial or he would get off on appeal (however all that works).  I guess I never knew that the judge had so much control on what happens in his court room AFTER someone is found guilty.  As frustrated as I am, I cant imagine the families.

[joesamas mama]

Trimm - thank you so much.  so some states dont even allow them?...geez 

Yes, that case keeps me awake at night....just to know that this kind of evil exists.

Leroy, I remember the first trial I ever followed. It was years ago and when they found Diane Zamora guilty of killing Adrienne Jones, we watched at work on a small black and white tv Adrienne's little brother read his victim impact statement. I still get chills about that little boy, being in court saying what his life had become since his sister was brutally murdered in cold blood by that scheming slore. We sat in silence and cried.

I don't know what trial you are talking about with these two kids being killed. I hope the perp is put away for life or gets the DP if eligible. JMO JSM

[Leroy]

Actually I take that back - let it be a mis-trial and set the sucker free....then he's ALL MINE!

And I would take a death penalty sentence for myself in a nano-second if that were my child!

[no rose colored glasses]

     I have a rat in my yard, it comes from my neighbors yard, and walks my fence. I put in a report to the association, the man with the rat hotel is here now. He is insisting that he puts the rat hotel, which is rather big, on my fence tied to my neighbors tree. I told him the rats are in their yard, put the traps there, we argued back and forth, with me explaining I will not take a chance of it falling and my dog eating the poison. This went on for awhile, I finally stuck my head in the door, and told my husband to talk to this dumb f@ck and explain that it isn't going on my fence. My husband told him we will take the bird feeder down, and that was the only way we could get him out of our yard. I am just speechless, I really don't know how much more of this stress I can take, I really don't, I had to take another xanax, and now I'm going to eat, and hope I fall asleep at the table. And that doesn't even include waiting to hear if my dad landed safely, and my son in law ruining the car because of Road Rage. A big truck rammed into the car three times  Sure hope everyone has a good night.

[joesamas mama]

Hi Monkeys!!  Okay I have a question....I have been following a trial going on in TN....2 kids were brutally murdered and today, while the jury was in deliberations, the judge made the families of the victims do a "preview" of their victim impact statements should the verdict come back guilty.  The judge "edited" their statments when they were finished.  Is this normal??? 

Also, the statements could not contain any comments toward the defendant.  How is this right?  These parents lost their children and they aren't even able to address the SOB that did it (assuming he's found guilty)??? 

I never knew this to  be normal practice of our justice system.  If it is, I've lost alot of faith in it.  How can anyone that is convicted of such horrible crimes still have those kind of "rights" in our society.  It sickens me    

Uhm Leroy, depends on which way of the political spectrum the judge leans in MOO. I am not a lawyer, so I don't know but I will tell you one thing, if that was my statement that was edited. I would read the original one even if the judge slapped me in contempt of court. 

JSM - i agree, I would be so tempted to speak my mind but would be afraid that it would then be a mis-trial or he would get off on appeal (however all that works).  I guess I never knew that the judge had so much control on what happens in his court room AFTER someone is found guilty.  As frustrated as I am, I cant imagine the families.

  As you and most monkeys know, I speak my mind and no one will stop me from stating my opinion (Klaas, Red, Muffy, Nut, CBB, et al... are the only ones that have the power to tell me to shut it and I do when they tell me to). I guess the judge does have control if the victim impact statement comes after the guilty verdict, BUT before sentencing. If that is the case, I thought that is why you were to give a statement, to show how your life has been turned upside down and the reason the guilty party should be punished harshly. JMO JSM 

[joesamas mama]

Actually I take that back - let it be a mis-trial and set the sucker free....then he's ALL MINE!

And I would take a death penalty sentence for myself in a nano-second if that were my child!

Oh yeah I am with you there, I probably would do the same. But I don't think there could be a mistrial if it is after the guilty verdict and pre sentencing.

[Leroy]

     I have a rat in my yard, it comes from my neighbors yard, and walks my fence. I put in a report to the association, the man with the rat hotel is here now. He is insisting that he puts the rat hotel, which is rather big, on my fence tied to my neighbors tree. I told him the rats are in their yard, put the traps there, we argued back and forth, with me explaining I will not take a chance of it falling and my dog eating the poison. This went on for awhile, I finally stuck my head in the door, and told my husband to talk to this dumb f@ck and explain that it isn't going on my fence. My husband told him we will take the bird feeder down, and that was the only way we could get him out of our yard. I am just speechless, I really don't know how much more of this stress I can take, I really don't, I had to take another xanax, and now I'm going to eat, and hope I fall asleep at the table. And that doesn't even include waiting to hear if my dad landed safely, and my son in law ruining the car because of Road Rage. A big truck rammed into the car three times  Sure hope everyone has a good night.

Awww, so sorry NoRose...lots of hugs for you!