Would you have acquited William Lynch?
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  Would you have acquited William Lynch?
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Question: Would you have acquited William Lynch?
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Yes
 
#2
No
 
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Total Voters: 22

Author Topic: Would you have acquited William Lynch?  (Read 2420 times)
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BRTD
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« on: July 06, 2012, 10:46:23 AM »

http://www.wtsp.com/news/national/article/262693/81/Man-acquitted-in-assault-on-priest

One of the most clear-cut cases of jury nullification in recent times, and one I totally agree with.
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Dereich
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« Reply #1 on: July 06, 2012, 11:13:55 AM »

Didn't read the article, didn't need to. Voting no as a vote against jury nullification.
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Harry
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« Reply #2 on: July 06, 2012, 11:51:28 AM »

People oppose jury nullification?
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #3 on: July 06, 2012, 03:50:44 PM »

Technically, they hung 8-4 on the misdemeanor assault charge, but acquitted on the two felony assault charges and the elder abuse charge.  Judging by the article, it sounds like the prosecutors tacked on more serious charges to pressure Lynch into a plea deal. (Most cases are resolved by plea deals.) Then when Lynch rejected the deal, they went ahead and tried all of the charges rather than back down.  If it had been just the misdemeanor assault charge that went to the jury, they might have found him guilty, but I'd be willing to say that at least one of the four who voted to acquit him on that charge as well were reacting to the excess of overcharges.
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Free Palestine
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« Reply #4 on: July 06, 2012, 04:28:53 PM »

People oppose jury nullification?

Yes, the "herp the law is the law" types.
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Just Passion Through
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« Reply #5 on: July 06, 2012, 04:37:35 PM »

Yes.
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Mechaman
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« Reply #6 on: July 06, 2012, 04:45:59 PM »

After reading the article, yes I would acquit.

Otherwise, I'm not a fan of vigilantes.
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Atlas Has Shrugged
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« Reply #7 on: July 06, 2012, 07:10:56 PM »

I support him. I think what he did was right, and what happened to him justifies what he did to this monster. Hopefully, the Catholic Church will exercise its own demons.
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Queen Mum Inks.LWC
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« Reply #8 on: July 06, 2012, 07:25:48 PM »

No.  I certainly would've found him guilt of misdemeanor assault and battery.  From my reading of the California penal code, I can't find what establishes the difference between felony and misdemeanor assault.  As for elder abuse, I guess I'd have to know more about the case.

But if the question is simply would I acquit someone because they were allegedly molested (not saying he wasn't, but that's not what the case is or should be about), then no, I would not.  The law is the law.  If you want to allow people to beat up priests who have molested them, then put such an exception into the law.
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CARLHAYDEN
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« Reply #9 on: July 06, 2012, 07:49:51 PM »

No.  I certainly would've found him guilt of misdemeanor assault and battery.  From my reading of the California penal code, I can't find what establishes the difference between felony and misdemeanor assault.  As for elder abuse, I guess I'd have to know more about the case.

But if the question is simply would I acquit someone because they were allegedly molested (not saying he wasn't, but that's not what the case is or should be about), then no, I would not.  The law is the law.  If you want to allow people to beat up priests who have molested them, then put such an exception into the law.

A number of offenses in California criminal law are "wobblers" where the fact situation can be used for either offense.

It is typical of prosecutors in California to charge the felony, and agree to plea to the misdemeanor.
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Mechaman
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« Reply #10 on: July 07, 2012, 03:28:36 PM »

I support him. I think what he did was right, and what happened to him justifies what he did to this monster. Hopefully, the Catholic Church will exercise its own demons.

He should've called the police and let them deal with "this monster".

However, from what I've read it doesn't seem that he intended to actually assault the priest in question, merely get him to confess to previous crimes.  It sounds like his attack was mostly out of a fear of an attack by the priest, so thus the "yes" vote on this one.

However, I fear a society that is ruled by vigilante rule.  You know a pedophile priest?  Call the police, call anti-child abuse organizations, call lawyers.....pretty much do everything in legal means besides going over there and just beat the sh*t out of them.

And, I would further add that I am disturbed that anyone would think highly of physically abusing a fellow human being, no matter the reason.
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Torie
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« Reply #11 on: July 07, 2012, 03:40:09 PM »
« Edited: July 07, 2012, 03:41:46 PM by Torie »

First, I am a big fan of jury nullification. But I would have convicted for assault. It is not a close case. First there is no proof of the molestation, and second, it was 37 years ago (no hot blood), and third, even if there was molestation, but no charge or conviction, the notion that you get a license to beat the guy up, is unacceptable. If the authorities refused to move 37 years ago, after the priest was reported, so there was a prosecutorial failure then, I might have a bit more sympathy, but not much.
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Badger
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« Reply #12 on: July 07, 2012, 10:08:43 PM »

Voting no as a vote against jury nullification.
This. At least insofar as the misdemeanor assault charge.
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DrScholl
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« Reply #13 on: July 07, 2012, 11:50:21 PM »

Considering what the priest did to him, I would have voted to acquit. I don't feel sorry for the priest at all.
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jfern
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« Reply #14 on: July 08, 2012, 01:42:23 AM »

People oppose jury nullification?

Yes, the "herp the law is the law" types.

From what I understand, saying how you support jury nullification is a good way to get out of jury duty.
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minionofmidas
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« Reply #15 on: July 08, 2012, 04:14:09 AM »

I would have lynched him, obviously.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #16 on: July 08, 2012, 12:05:31 PM »


You can't lynch somebody by yourself.

At least not in South Carolina.  SC law uses lynching to refer to mob violence. Lynching in the first degree is if the victim dies, lynching in the second degree is if the victim survives.
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