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I'm at the office on Saturday working on a rape case.

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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 05:10 PM
Original message
I'm at the office on Saturday working on a rape case.
Goddamn, that's all I ever get. The trial division convicts them and I have to deal with the appeal. This is my busy time. Seems like every other case is a sex offense. Don't people steal anymore?!

So this victim (an adult for once) is covered with bruises and this defense attorney is trying to blame the internal evidence of trauma on "personal hygiene!" Jesus Christ! Yeah, that explains the hand-print shaped bruises on her neck!

Feminists try to get the point across that rape is essentially a crime of violence, not sexuality. One only needs to do one of these cases to know that is absolutely true.
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philosophie_en_rose Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 05:18 PM
Response to Original message
1. Sorry.
Rape cases are rough. Defense attorneys have a job to do, but too many appellate briefs are worse than ones written by prisoners.
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 05:22 PM
Response to Reply #1
2. Not blaming defense counsel for defending,...
...but what a stupid question to ask a forensic nurse in front of a jury.
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philosophie_en_rose Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 05:39 PM
Response to Reply #2
5. That is definitely a stupid question.
:grr:
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lost-in-nj Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 05:30 PM
Response to Original message
3. It really must be tough....
I could never be a lawyer....
I would cry and rage to much....

Good Luck on the case.....


lost
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 05:33 PM
Response to Reply #3
4. thanks
I do that stuff you mention anyway.
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MaryBear Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 08:35 PM
Response to Reply #4
6. What is the chance that the accused can be helped?
Why did the person attack a woman? -mb
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 12:38 AM
Response to Reply #6
13. A couple points.
I can't go into any real specifics about the case since it is ongoing. It is not an "ongoing investigation" like Bush always says because it is a solved crime, but the court case continues.

Generally speaking, there is drug treatment in prison and occupational training. That is the exent of the rehabilitation myth. I understand there is psychiatric help for those with mental health problems, but to limited effect. I can say prisoners have full access to a law library as a few of them use it to file frivolous motions all the time. Mental health was not an issue in this case.
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Gormy Cuss Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 08:41 PM
Response to Original message
7. Someone needs to do it.
Edited on Sat Nov-17-07 08:41 PM by Gormy Cuss
My hat's off to you, Deep13. I'd be inclined to throttle a few people in court. That's one of the reasons that I didn't go to law school.
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rug Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 09:25 PM
Response to Original message
8. I'm going in tomorrow to defend one.
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 12:40 AM
Response to Reply #8
14. Good luck to you, Counselor.
I did defense work for awhile and it was not easy. At least I don't have to wonder how I am going to pay the office rent.
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CaliforniaPeggy Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 10:57 PM
Response to Original message
9. My dear Deep13...
That has to be difficult indeed...

There must be a lot of angry men out there, to commit this sort of crime...

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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 12:43 AM
Response to Reply #9
15. Thanks.
Thankfully, there are no angry men in this office. I wish I could say the same about our senior assistant. She seems perennially irritated.

Actually, the boss was angry once. He walked into my office after the 2004 election (he was unopposed), closed the door and said "Fuck 'em!" and then left. He really hates Republicans.
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GoddessOfGuinness Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 11:11 PM
Response to Original message
10. It could be worse...
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 12:46 AM
Response to Reply #10
16. That is just beyond belief.
I heard about it this morning. I can't say I'm outraged since the human mind cannot hold an appropriate amount of outrage for that. At least victims can seek justice in the west. The jury in my case did not blame the victim for anything.

I know it can be worse. Like I said, at least the victim was an adult (barely) this time.
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Evergreen Emerald Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 11:13 PM
Response to Original message
11. I know...there are so many stereo types in our society with adult
victims of rape that it is difficult to get an unbiased jury in these cases. At least you got a conviction!
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 12:51 AM
Response to Reply #11
17. I have found juries to be pretty fair.
Frankly, I would not want to be a defendant when those charges are read out loud at the beginning of the trial. I can imagine feeling 24 eye boring into me. When they don't convict it is usually because of doubts about the evidence. I did one case when the defendant was indicted on three different sex offenses for four different acts. The jury had doubts about the occurance of one common element in two of the offense for all four acts and one aspect of the third kind of offense for the ourth act. We got a mixed verdict that time.

We hire medical and psychological experts to talk about the misconceptions.
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Evergreen Emerald Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 08:40 AM
Response to Reply #17
19. medical experts
Edited on Sun Nov-18-07 08:40 AM by Evergreen Emerald
In child molest/rape cases, I agree with you. The juries are definitely open to the evidence. But in adult rape cases, I think it is sometimes tough to overcome the societal "blame the victim" attitudes. They seem to focus on "why did't she do...." rather than "why did he do..."

Medical and psycological experts are a great source.
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 10:42 AM
Response to Reply #19
20. Honestly, I've not found that.
Edited on Sun Nov-18-07 10:43 AM by Deep13
I've had victims who were drug users*, who have recanted at trial, where there was no physical evidence, where there were no other witnesses (he said/she said) and cases where the victim waited months to tell anyone. All these situtations resulted in guilty verdicts. I've had cases were I wasn't sure that I would be willing to convict that still came back guilty.

*And therefore of doubtful perception, memory or honesty.
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RiffRandell Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-17-07 11:21 PM
Response to Original message
12. Just a word of advice.
You perhaps shouldn't discuss it here. No offense----I just do not want you to get into trouble with your job. Hope all goes well.
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Deep13 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-18-07 12:52 AM
Response to Reply #12
18. Thanks. I'm being pretty vague on purpose.
Besides, this is all public record for anyone who cares to find it.
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