[WL-law]

Nifong's best defense against these charges, and the defense he'll undoubtedly use, is that everything he's done is in conformity with the current (feminist-based) theory and letter of rape law.

He can use as supporting evidence, that the Duke U president also followed the 'dictates' of such feminist law.

He would argue that, under such theory, he's effectively not allowed to use his personal discretion, the "prosecutorial discretion', to weed out false charges.

We have seen, for example, judges get hounded off the bench for using such discretion. Judges and prosecutors learn from such examples.

Wendy Murphy, the legal commentator / talking-head on various TV shows, is a perfect example of the feminist prosecutor thought process.
A. No corroboration is required to support a rape charge, merely an allegation.
B. Defendants are guilty until proven innocent.
C. Rape victims "never lie".
D. Rape victims should be able to win their cases without even having to face their accuser -- after all, that's tantamount to being 'raped again'.
E. The more sordid the rape victim's past and then-current behavior/profession is, the more important it is to make sure that the jury never hears anything about it.

Nifong merely has to say -- "those were the rules I followed".

[jazusamo]

Wendy Murphy, the legal commentator / talking-head on various TV shows

I know exactly what you're saying and for the life of me I can't understand why she's given air time, she really lights my fire.

You're probably right about Nifong using that defense but he's got a steep mountain to climb, IMO. Everyone in the country is aware of his inappropriate actions and even some libs are coming down on him. We'll soon see.

[conservatism_IS_compassion]

Everything you say makes sense, in its own terms. But then, the Duke Lacrosse team followed the rules, too. And they got punishment. Nifong is white, just like they are - why shouldn't he go to jail for being white?

[cherry]

I think you go overboard with your simplifications.....

its very difficult for rape allegations to be proved as it is, unless its accompanied by a severe and unusal beating or caught on videotape, but then again, even video tape proof has not been enough in some cases...

the whole issue and the entire issue in this case is not the so-called rape, its the deliberate and unrestricted use of power by a corrupt prosecutor, who is supposed to serve the PUBLIC, not the victim, and not the perp.....he is there to ensure justice for all....

the stripper is no differant than any other stripper or whore or "exotic dancer" in this country in that if you give them a chance to claim "rape" instead of being booked on public intoxification and having their children taken away, by gosh they'll do it every time.....

the DingDong man was supposed to see that THAT didn't happen....