Smarmie Doofus
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Sun Jun-15-08 08:37 AM
Response to Original message |
| 5. That's why it's a bad law: |
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>>>>>>The law And what about the law itself? I won’t even bring up the First Amendment, as I believe that there is a more basic issue here. The purpose of the law is supposed to be to protect children against sexual exploitation. I’m sure that we can all agree that that is a worth while goal.
But how does the mere possession of pictures on one’s computer serve in the exploitation of children? Certainly a person could have such pictures on their computer without knowing about it. I would assume that such pictures could find their way onto one’s computer against the owner’s knowledge even if nobody else had access to the computer. Does everyone who owns a computer have the responsibility to ensure that no kiddie porn enters it, lest they be subject to several years of imprisonment?>>>>>
Answers: 1. It doesnt.; 2. They certainly could... and undoubtedly DO. 3. That's quite an onus to put on pc owners. We will occasionally allow others to use the pc and one can only guess what the pc is collecting and storing on its own via spyware and adware.
What a nitemare scenario. Glad it at least turned out well... legally speaking. Emotionally it will be a long time before those scars go away... esp. for your nephew.
Any possibility of a civil suit for prosecutorial misconduct? That's the only way to keep these Nifong types in check... seems to me.
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| -A Malicious Prosecution in my Family |
Time for change |
Jun-15-08 08:00 AM |
#0 |
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Something does sound a bit odd about that |
ck4829 |
Jun-15-08 08:09 AM |
#1 |
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It's pretty well-established |
dems_rightnow |
Jun-15-08 08:15 AM |
#2 |
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I don't think I ever said it was protected under the First Amendment |
ck4829 |
Jun-15-08 08:30 AM |
#4 |
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According to an IT tech I know, there is no reason a tech should be looking at image files |
AmyDeLune |
Jun-15-08 01:26 PM |
#23 |
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I didn't think of that |
Time for change |
Jun-15-08 07:43 PM |
#44 |
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The main question at issue here isn't whether or not there was a crime |
Time for change |
Jun-15-08 08:43 AM |
#7 |
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I seriously have no idea. |
dems_rightnow |
Jun-15-08 09:45 AM |
#9 |
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I'm just as guilty as my nephew is |
Time for change |
Jun-15-08 09:56 AM |
#13 |
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Self-delete -- wrong place |
Time for change |
Jun-15-08 09:54 AM |
#11 |
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First Amendment: What Jim's lawyer explained to me, and the USSC decision from the link in the OP |
Time for change |
Jun-15-08 02:46 PM |
#26 |
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A former state Attorney General should know not to hire prostitutes with |
Freddie Stubbs |
Jun-16-08 11:51 AM |
#71 |
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Thanks for sharing the story. What a nightmare. |
rucky |
Jun-15-08 08:17 AM |
#3 |
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That's why it's a bad law: |
PaulHo |
Jun-15-08 08:37 AM |
#5 |
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I've suggested to my nephew that he pursue a civil suit, and he's explored it with his lawyer |
Time for change |
Jun-15-08 09:34 AM |
#8 |
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Since we know kiddie porn was present, it's not malicious prosecution. |
TexasObserver |
Jun-15-08 10:05 AM |
#15 |
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I don't understand why the fact that a crime has been committed immunizes |
Time for change |
Jun-15-08 11:37 AM |
#22 |
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Good. I agree with your "take" on it on all counts, and understand |
KCabotDullesMarxIII |
Jun-15-08 06:28 PM |
#39 |
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The venal prosecutor simply showed no interest in even considering any other possibility |
Time for change |
Jun-16-08 07:17 AM |
#66 |
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I found FarceOf Nature's post interesting, but not persuasive. |
KCabotDullesMarxIII |
Jun-16-08 11:10 AM |
#68 |
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Our gulag-archipelago |
Time for change |
Jun-16-08 11:24 AM |
#69 |
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It wouldn't be at all practicable, Tfc! It certainly is the road to hell, |
KCabotDullesMarxIII |
Jun-16-08 11:41 AM |
#70 |
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I'm afraid it's true that our country is going to hell now. |
Time for change |
Jun-16-08 11:52 AM |
#72 |
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I was kidding about the 'y' chromosome, and I understood your point. |
KCabotDullesMarxIII |
Jun-16-08 12:49 PM |
#75 |
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It's a subject of which I have very little understanding |
Time for change |
Jun-16-08 08:09 PM |
#78 |
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Not at all. By a strange coincidence, after signing off yesterday, I found myself |
KCabotDullesMarxIII |
Jun-17-08 12:42 PM |
#89 |
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It sounds like one of those chain of evidence problems |
MiniMe |
Jun-15-08 08:41 AM |
#6 |
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I think it's far more than a chain of evidence issue |
Time for change |
Jun-15-08 09:49 AM |
#10 |
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The $300 for record expungement is CHEAP. |
TexasObserver |
Jun-15-08 09:56 AM |
#12 |
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My problem with the expungement of the records is not so much the price |
Time for change |
Jun-15-08 10:08 AM |
#16 |
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Somebody at that company has found an easy way to cover |
sfexpat2000 |
Jun-15-08 10:14 AM |
#18 |
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I think that's probably a good idea |
Time for change |
Jun-15-08 05:38 PM |
#37 |
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He can avoid paying that by doing it himself.... |
Viva_La_Revolution |
Jun-15-08 06:52 PM |
#40 |
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Ahhhhhhhhhh. Thank you. |
Time for change |
Jun-15-08 07:07 PM |
#42 |
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Very valid point made here. It's the same theory that guides this admin. |
acmavm |
Jun-15-08 10:30 AM |
#20 |
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I'm sorry for Jim's and your tragic involvement in this mess. |
bertman |
Jun-15-08 10:04 AM |
#14 |
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I agree -- They should be held accountable for these things |
Time for change |
Jun-15-08 07:37 PM |
#43 |
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Welcome to life in the fourth reich. |
greyhound1966 |
Jun-15-08 10:11 AM |
#17 |
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This law reminds me very much of drug possession laws |
Time for change |
Jun-15-08 10:21 AM |
#19 |
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Sounds like the defense lawyer did ok - and maybe he thought he had the |
TBF |
Jun-15-08 11:04 AM |
#21 |
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Don't take this the wrong way, but I am going to look at the case |
rebel with a cause |
Jun-15-08 01:36 PM |
#24 |
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I agree with all you say here, except for one thing |
Time for change |
Jun-15-08 02:31 PM |
#25 |
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Person who have these porn sites often know how many |
rebel with a cause |
Jun-15-08 02:56 PM |
#28 |
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Ok, let's say that whoever took the pictures knows how many times their sites are downloaded |
Time for change |
Jun-15-08 04:00 PM |
#30 |
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We will have to agree to disagree about the pictures |
rebel with a cause |
Jun-15-08 04:42 PM |
#32 |
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That's ok |
Time for change |
Jun-15-08 05:10 PM |
#34 |
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important |
bkscribe |
Jun-15-08 10:56 PM |
#55 |
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It's just a guess |
Time for change |
Jun-16-08 12:11 AM |
#58 |
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Stick to your point then. |
bkscribe |
Jun-16-08 01:01 PM |
#76 |
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I have more than one point that I've discussed in this post and think is important |
Time for change |
Jun-16-08 08:25 PM |
#79 |
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owning kiddie porn... |
northernlights |
Jun-15-08 03:19 PM |
#29 |
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I would answer your first paragraph by referring you to my last paragraph of post # 30 |
Time for change |
Jun-15-08 04:09 PM |
#31 |
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I tend to agree with you. |
FarceOfNature |
Jun-16-08 04:59 AM |
#61 |
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Thank you for all that information |
Time for change |
Jun-16-08 07:04 AM |
#65 |
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The real danger of the internet is not in the images themselves but the communities created online.. |
FarceOfNature |
Jun-16-08 03:58 AM |
#60 |
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You ask: Shouldn’t a competent defense attorney have gotten this case dismissed for lack of probable |
truedelphi |
Jun-15-08 02:55 PM |
#27 |
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I'm very glad |
Time for change |
Jun-15-08 06:08 PM |
#38 |
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I think it would have been more helpful to the case if, when you got |
Vinca |
Jun-15-08 05:02 PM |
#33 |
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That may be a good point |
Time for change |
Jun-15-08 05:17 PM |
#36 |
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you'd think the prosecutor |
barbtries |
Jun-15-08 05:16 PM |
#35 |
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Thank you. |
Time for change |
Jun-15-08 08:56 PM |
#49 |
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Someone should look into whether Restronics has a sweetheart deal with police to "catch" people... |
DRoseDARs |
Jun-15-08 07:07 PM |
#41 |
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I hadn't thought of that |
Time for change |
Jun-15-08 09:24 PM |
#53 |
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blank check |
Two Americas |
Jun-15-08 08:02 PM |
#45 |
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Very good points -- That's what I feel so uncomfortable about this law |
Time for change |
Jun-15-08 08:46 PM |
#47 |
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my guess |
Two Americas |
Jun-15-08 08:59 PM |
#50 |
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That's a scary thought |
Time for change |
Jun-15-08 09:51 PM |
#54 |
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all speculation of course |
Two Americas |
Jun-15-08 11:05 PM |
#56 |
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Sounds like you were set up. Mabe for political reasons. Are you a DEM? |
L. Coyote |
Jun-15-08 08:46 PM |
#46 |
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Yes, I'm a Dem, but it wasn't me that they went after, it was my nephew |
Time for change |
Jun-15-08 08:50 PM |
#48 |
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Did it disrupt your life? Can you claim you were targeted? |
L. Coyote |
Jun-15-08 09:06 PM |
#51 |
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It sure as hell disrupted my nephew's life |
Time for change |
Jun-15-08 09:23 PM |
#52 |
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My .02. |
varkam |
Jun-16-08 12:06 AM |
#57 |
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"If the state in question depends upon the control issue, and the images were in Jim's computer |
Time for change |
Jun-16-08 02:20 AM |
#59 |
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Because it is Jim's computer. |
varkam |
Jun-16-08 05:47 AM |
#64 |
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The God damned prosecution didn't even take the time to get a computer expert |
Time for change |
Jun-16-08 07:25 AM |
#67 |
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Couple things |
varkam |
Jun-16-08 12:25 PM |
#73 |
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It's hard to be calm about this after this prosecutor so callously destroyed several months of my |
Time for change |
Jun-16-08 02:41 PM |
#77 |
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I understand your emotions. |
varkam |
Jun-17-08 04:32 AM |
#81 |
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Thank you for your input |
Time for change |
Jun-17-08 09:12 AM |
#88 |
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It does seem odd, doesn't it? |
kgfnally |
Jun-16-08 12:45 PM |
#74 |
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Indeed. |
varkam |
Jun-17-08 04:35 AM |
#82 |
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absolutely agree with you, and posted my thoughts RE: dubious justifications for prosecution..... |
FarceOfNature |
Jun-16-08 05:04 AM |
#62 |
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Exactly. It's hard to determine a causal relationship. |
varkam |
Jun-16-08 05:42 AM |
#63 |
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In those circumstances, I don't think they are dubious justifications, |
KCabotDullesMarxIII |
Jun-17-08 01:19 PM |
#90 |
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I have thought hard about answering because you have no remedy. |
tsuki |
Jun-16-08 09:36 PM |
#80 |
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Thank you for the advice. Jim will take a look at this. |
Time for change |
Jun-17-08 09:06 AM |
#85 |
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Don't thank me. I brought a lot of grief down on me. There is nothing |
tsuki |
Jun-17-08 04:09 PM |
#93 |
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The reality is that this has nothing to do with kiddie porn or pedophilia. |
readmoreoften |
Jun-17-08 05:22 AM |
#83 |
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Thank you -- Those were some of my thoughts |
Time for change |
Jun-17-08 09:10 AM |
#86 |
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I have a dear friend undergoing a really unfair trial with the justice system. |
live love laugh |
Jun-17-08 05:57 AM |
#84 |
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Yeah, just look at Guantanamo Bay |
Time for change |
Jun-17-08 09:11 AM |
#87 |
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Is there any way to link this to Bush? |
poliscifanboy |
Jun-17-08 01:54 PM |
#91 |
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I would talk to another lawyer about the possibility of going after Restronics, |
yardwork |
Jun-17-08 02:06 PM |
#92 |
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recently a kiddie porn case was tossed out cause the pics came |
mdmc |
Jun-17-08 04:14 PM |
#94 |