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Brian Aitken’s Mistake - An outrageous gun prosecution in New Jersey
Reason ^ | March 2011 | Radley Balko

Posted on 03/28/2011 4:46:25 PM PDT by neverdem

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To: harpseal; TexasCowboy; nunya bidness; AAABEST; Travis McGee; Squantos; wku man; SLB; ...
It saddens me that the place I first called home is now a de facto police state.

Click the Gadsden flag for pro-gun resources!

41 posted on 03/29/2011 4:00:50 AM PDT by Joe Brower (Sheep have three speeds: "graze", "stampede" and "cower".)
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To: neverdem
It might, however, make some of the state’s residents think twice before calling the police, particularly if they own guns.

Bears repeating. The police are NOT on your side.

42 posted on 03/29/2011 4:09:44 AM PDT by from occupied ga (Your most dangerous enemy is your own government,)
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To: Mr. K

There are a number of states that are beyond the Claire Wolfe stage with their firearms laws.


43 posted on 03/29/2011 4:24:17 AM PDT by FreedomPoster (Islam delenda est)
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To: neverdem

Unfortunately that is New Jersey...Most of us who do not live there can throw rocks at all the infringements that are vehemently supported and enforced by all levels within that state...

As a gun owner you are not going to get any sympathy or pass, based upon commonsense and honest objective analysis from those same entities...

They have a good start with Christie, and again, unfortunately, gun ownership is not on his top ten list of things he needs to get done in that state...

Actually come to think of it the guy got off pretty well with the governor giving him this commutation...But I seriously doubt he’ll get anywhere with the courts to espunge (clean up) his record...

Hind sight is always twenty-twenty, and for the longest time those of us who pay attention to a lot fo gun ownership news and issues know New Jersey is absolutely hostile to gun owners from the viewpoint of the legislature and the courts, and most important the law enforcement side of the equation...

Its been a long time developing into such an oppressive sub-culture within this country, and it is going to take a long time, if at all, to change it to being something attractive for anyone like us to want to move, or even visit that state...

The judge in this case may be unemployed, and rightfully so because of a whole plethra of offensive rulings against many other people, and not just this guys case...But the system is still in place, and unless the governor is willing to take the PR hit, he will have to get on prime time and explain to those in the judicial system in that state and explain to them that this oppressive nature this state exemplifies is no longer acceptable at any level of that system...

New Jersey will always be someplace I will not like going to if I have to or not because they do not respect my individual right to keep and bear arms per the state law, and even the US Constitution...

But this is just my opinion...


44 posted on 03/29/2011 4:53:24 AM PDT by stevie_d_64 (I'm jus' sayin')
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To: neverdem
Even the jurors who convicted him seem to have been looking for a reason to acquit Aitken. But the judge gave them little choice.

Yes, JURORS are there to do the JUDGE's bidding. D'oh! Tools.

45 posted on 03/29/2011 5:04:36 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: neverdem
There was also some evidence that Mr. Aitken wasn’t moving at all when he was arrested, but had stored the guns in his car because his roommate was throwing a party, and he didn’t want the guns in the apartment while guests were there drinking.”

Which would make him guilty of....responsible gun ownership?? Damn him! Let's get him!

46 posted on 03/29/2011 5:08:21 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Hardastarboard
This is the reason I'm against the death penalty.

But if we give it up how do you propose to punish prosecutors and judges like these? Maybe keep it legal but only for those who commit crimes under color of authority.

47 posted on 03/29/2011 5:14:44 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: Jonty30

BS!

Airmen was not guilty in any sense of the word!

Stop making excuses for Christie.


48 posted on 03/29/2011 6:03:38 AM PDT by Red in Blue PA (For the first time in my adult life, I'm scared of my government.)
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To: Red in Blue PA

Airmen=Aitken

The iPad sucks in that it changes words all of the time,


49 posted on 03/29/2011 6:04:27 AM PDT by Red in Blue PA (For the first time in my adult life, I'm scared of my government.)
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To: Red in Blue PA

I’m not making excuses for the man.

But I am taking a look at case from his point of view. He can’t simply release the man because the man has some very convincing supporters and it’s feel good.

That’s how Willie Horton got released and Huckabee is stuck with having to wear it.

Christie has to rely upon the evidence. If the legal evidence isn’t there, with sufficient certainty, it can’t be relied upon.


50 posted on 03/29/2011 6:19:39 AM PDT by Jonty30
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To: Still Thinking
Then you'd have amoral slime like Patrick Fitzgerald, Andrew Cuomo, Bill Lockyer, or Scott Harshbarger going after judges and prosecutors who may or may not have committed the actual crime, in order to score even more points for bringing down a bigger fish.

I believe there are crimes for which the death penalty is fully justified. I just don't trust our highly politicized system of justice to do administer it right. To me, the death penalty is sort of just another government program gone wrong because of corruption and mismanagement.

I'm thinking that if a judge or prosecutor DID do something criminal, putting them in prison in the general population is an even better punishment than the death penalty.

51 posted on 03/29/2011 6:20:40 AM PDT by Hardastarboard (Bringing children to America without immigration documents is child abuse. Let's end it.)
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To: neverdem
his mother grew worried about his mental state and called 911.

The only time you should ever call 911 is if you believe there is an EMERGENCY - which means the condition puts someone's life in immediate peril. If you are just "worried about someone's mental state" then take the time to find the non-emergency police line if you feel you absolutely must talk to the police about it. When you dial 911, you are telling the police that the situation is an immediate threat -- an emergency. That is what the 911 line is for; it isn't for counseling services.

52 posted on 03/29/2011 6:29:42 AM PDT by VRWCmember (Veritas vos Liberabit)
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To: neverdem
But the judge gave them little choice.

Bullcrap. It's called "jury nullification" and this was a perfect case in which to use it.

53 posted on 03/29/2011 6:52:24 AM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Hardastarboard

Hmmm...good points.


54 posted on 03/29/2011 6:59:58 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: dsc

” wonder if it would be possible to set up a system to educate potential jurors in jury nullification.”

Yes, but don’t do it in front of a courthouse. There was some prosecution of a libertarian who was passing out flyers too near a courthouse — jury tampering or some nonsense.


55 posted on 03/29/2011 7:46:18 AM PDT by Jewbacca (The residents of Iroquois territory may not determine whether Jews may live in Jerusalem.)
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To: Jewbacca
Even the jurors who convicted him seem to have been looking for a reason to acquit Aitken. But the judge gave them little choice.

Duoh!!

Jury nullification was in order.

Exactly!

56 posted on 03/29/2011 9:05:09 AM PDT by Ron H. (These are some troubling times we find ourselves living in these days!)
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To: Jonty30

You’re comparing Willie Horton to Brian Aitken?!?!

Please tell me you are kidding.


57 posted on 03/29/2011 2:40:14 PM PDT by Red in Blue PA (For the first time in my adult life, I'm scared of my government.)
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To: Red in Blue PA

I’m only comparing the two in terms of what can happen when you allow a bunch of avid supporters affect your judgement.

Life is not fair, but the judicial process must be respected.


58 posted on 03/29/2011 2:57:53 PM PDT by Jonty30
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To: Jonty30
Life is not fair, but the judicial process must be respected.

Sounds like you know ZERO about the Brian Aitken case.
59 posted on 03/29/2011 4:56:38 PM PDT by Red in Blue PA (For the first time in my adult life, I'm scared of my government.)
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To: Red in Blue PA

Actually, I do know about it. I’ve already posted that it is a travesty of justice and he needs to be compensated.

I think the US is too quick to throw people in jail and that there are far too many people who should not be there, like weekend tokers and such, not that I support massive decriminalization of drugs.

You’d have ask the judge why he discounted critical testimony and Governor Christie as to why he has either not looked at the case or pardoned the man. For all I know, Christie is waiting for the case to resolve itself, don’t know.

I just don’t support the position that a governor should pardon people because a mob of people demand it so. Our justice system is imperfect and sometimes the wrong people get caught. But our system is all there is.


60 posted on 03/29/2011 5:20:13 PM PDT by Jonty30
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