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To: Star Traveler
That prosecutor is exceeding his authority. "School policy" does not equal "law". A couple of people tried that in personal injury cases here in GA, claiming that violations of company policy or internal rule manuals constituted a violation of law and negligence per se for liability purposes. That was rejected outright by the courts -- and in the criminal law, it would be even more so, because a defendant has a constitutional right to have a reasonably understandable violation of the law charged against him. Any attempt to charge somebody in GA that way would result in a demurrer being granted to the indictment (i.e. the indictment would be dismissed).

Sounds like a Nifong, Jr. is loose in Colorado.

45 posted on 04/21/2007 10:29:13 AM PDT by AnAmericanMother ((Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment)))
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To: AnAmericanMother

You said — “That prosecutor is exceeding his authority. “School policy” does not equal “law”.

Well, between you and me, that might be right. But, we’re not the ones doing the prosecuting. And, if you’re counseling others about avoid trouble and staying within the “boundaries” set up by the government for “law-abiding” gun usage (which gun owners say “they are”) — you have to point out that there are going to be over-zealous prosecutors who will go after you, even if they don’t succeed in the end — basically — to *send a message* to the public that “You are going to have *trouble* if you attempt to do this!”

.

And then you said — “A couple of people tried that in personal injury cases here in GA, claiming that violations of company policy or internal rule manuals constituted a violation of law and negligence per se for liability purposes. That was rejected outright by the courts — and in the criminal law, it would be even more so, because a defendant has a constitutional right to have a reasonably understandable violation of the law charged against him. Any attempt to charge somebody in GA that way would result in a demurrer being granted to the indictment (i.e. the indictment would be dismissed).”

And all that wold involve *trouble* and a *real hardship* for a lot of people. And so, it’s *that very thing* which is going to make people shy away from it.

.

Finally — “Sounds like a Nifong, Jr. is loose in Colorado.”

Yes, very much so. And with the Nifong case, didn’t those families *suffer* a great deal — something that should have never happened? And, will they *ever* recover from that? How about all the lost time, in regards to those students? How about the students who have been forced to go elsewhere and will probably never come back again? How about that story *always* following them around, everywhere they go?

And so, how many people are going to want to find *their Nifong* in court — because of some “policy” that they thought they could easily circumvent? Not very many — and that’s what is happening...

Regards,
Star Traveler


49 posted on 04/21/2007 10:53:31 AM PDT by Star Traveler
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