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By Helping a Girl Testify at a Rape Trial, a Dog Ignites a Legal Debate
New York Times ^
| August 8, 2011
| WILLIAM GLABERSON
Posted on 08/09/2011 1:01:41 AM PDT by mrjesse
click here to read article
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To: Pontiac
From the article itself, we know the father was charged with impregnating his daughter, but we don't know if she has a lving child. It could be (hypothesis here) that the baby-DNA is not available because the baby died via a miscarriage, was aborted, or died in infancy.
21
posted on
08/09/2011 5:20:55 AM PDT
by
Mrs. Don-o
(Just the fact,s ma'am, just the facts.)
To: equaviator
Anyone else notice how nowadays people are letting their dogs walk them when it used to be people walking their dogs?
Yes.
22
posted on
08/09/2011 5:24:44 AM PDT
by
PieterCasparzen
(We need to fix things ourselves)
To: AnAmericanMother; Titan Magroyne; Badeye; Shannon; SandRat; arbooz; potlatch; ...
WOOOF!
The Doggie Ping list is for FReepers who would like to be notified of threads relating to all things canid. If you would like to join the Doggie Ping Pack (or be unleashed from it), FReemail me.
23
posted on
08/09/2011 6:07:28 AM PDT
by
Joe 6-pack
(Que me amat, amet et canem meum)
To: Mrs. Don-o
It could be (hypothesis here) that the baby-DNA is not available because the baby died via a miscarriage, was aborted, or died in infancy. The only way that the DNA of the baby would not have been available for the court is if the baby died via a miscarriage before the crime was reported.
If the baby died after the crime was reported the girl should have been in the care of state (either in foster care or with some family member appointed guardian by a court).
If the loss of the child happened after the crime was reported if should have been made clear to the guardian that the corpse was state evidence.
In any event other than an abortion the body should have been preserved as human remains.
24
posted on
08/09/2011 6:10:48 AM PDT
by
Pontiac
(The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
To: SECURE AMERICA
There is no low ,too low, for a lawyer ,to go.
25
posted on
08/09/2011 6:11:37 AM PDT
by
Venturer
To: HiTech RedNeck
“Badgers? We don't need no stinkin’ badgers!”
Oh sorry, what were we talking about?
26
posted on
08/09/2011 6:15:51 AM PDT
by
Ditter
To: Ditter
The defense is Badgering the witness your honor
27
posted on
08/09/2011 6:22:02 AM PDT
by
vwbug
To: HiTech RedNeck
but no badgers...
no, we don’t need no stinkin’ badgers.
28
posted on
08/09/2011 6:25:16 AM PDT
by
MrB
(The difference between a Humanist and a Satanist - the latter knows whom he's working for)
To: Ditter; HiTech RedNeck
29
posted on
08/09/2011 6:27:39 AM PDT
by
MrB
(The difference between a Humanist and a Satanist - the latter knows whom he's working for)
To: Ditter; HiTech RedNeck
30
posted on
08/09/2011 6:30:54 AM PDT
by
MrB
(The difference between a Humanist and a Satanist - the latter knows whom he's working for)
To: mrjesse
If she was raped and impregnated, why not just test the resulting baby’s DNA and avoid making the girl testify all together?
31
posted on
08/09/2011 6:33:25 AM PDT
by
LongElegantLegs
(Use it up, wear it out, make it over or do without.)
To: MrB
32
posted on
08/09/2011 6:33:47 AM PDT
by
Ditter
To: Venturer
Prosecutors are lawyers, too...
33
posted on
08/09/2011 6:39:58 AM PDT
by
LongElegantLegs
(Use it up, wear it out, make it over or do without.)
To: Pecos
Give him a gerbil. It’ll open him up to his soon to be new experiences, as it were.
34
posted on
08/09/2011 6:40:21 AM PDT
by
PzLdr
("The Emperor is not as forgiving as I am" - Darth Vader)
To: Pontiac
DNA could be gotten from the father by court order, whether he wanted to give it or not.Depending on the girl’s age, that’ll give you a Rape 3d, or at best, a Rape 2d.
That aside, the girl’s testimony would be needed if forcible compulsion, i.e Rape 1st was involved.
35
posted on
08/09/2011 6:43:19 AM PDT
by
PzLdr
("The Emperor is not as forgiving as I am" - Darth Vader)
To: LongElegantLegs
Yeah ,Like Mike Nifong, the prosecutor in the Duke case.
36
posted on
08/09/2011 6:45:37 AM PDT
by
Venturer
To: SES1066
Doesn’t it matter in what manner the prosecution won? Would you cheer your team so much if they could manage to get drunk, blind umpires?
This very kind of scenario is how bright lines (or not so bright ones) get drawn by the USSC. The appeal here will most definitely be about a point of law.
37
posted on
08/09/2011 6:50:03 AM PDT
by
HiTech RedNeck
(There's gonna be a Redneck Revolution! (See my freep page) [rednecks come in many colors])
To: PieterCasparzen
38
posted on
08/09/2011 7:35:08 AM PDT
by
equaviator
("There's a (datum) plane on the horizon coming in...see it?")
To: Venturer
Yes, exactly! I think we’re on the same page...I meant to say that defense lawyers are not always the bad guys.
39
posted on
08/09/2011 7:44:55 AM PDT
by
LongElegantLegs
(Use it up, wear it out, make it over or do without.)
To: org.whodat
If the DNA evidence was available (and if he forced her to get an abortion, which is pretty common, it wouldn't be), a jury is still going to want live testimony. You'd be surprised how many jurors are suspicious of scientific evidence all by itself, with no framework.
And there's also the matter of the defendant's right to be confronted by the witnesses against him. The Child Hearsay Rule has been enacted in many states to sidestep this, but in some jurisdictions the victim still has to take the stand. And, again, many jurors want to hear from the victim before they'll convict.
You can never predict how an appeals court is going to rule, but it seems to me that allowing the dog in the witness box is along the lines of allowing the victim to testify behind a screen so she doesn't have to look at the perp, or allowing her mama or sister to sit next to her -- especially with children, the trial judge has a lot of discretion in controlling his courtroom and directing the examination of witnesses. At least he does around here.
40
posted on
08/09/2011 8:39:08 AM PDT
by
AnAmericanMother
(Ministrix of ye Chasse, TTGC Ladies' Auxiliary (recess appointment))
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