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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI give the fuck up. Bill Cosby Gets Standing Ovation at Florida Theater
By Gabe Gutierrez
A day after performing at a benefit in the Bahamas, Bill Cosby took the stage here to a standing ovation even as he battled a growing scandal.
The sold-out crowd Friday night was overwhelming supportive. Many told NBC News that they viewed Cosby as an entertainer and simply did not believe the sexual assault accusations against him. "I think the things that have come up now is just nonsense," said Nathan Rigaud, who said he was one of the first to buy tickets.
Cosby has not been charged with any crime.
http://www.nbcnews.com/pop-culture/celebrity/bill-cosby-gets-standing-ovation-florida-theater-n253996
monmouth4
(9,708 posts)BeyondGeography
(39,376 posts)He's a criminal who should die in prison. A bully and a fraud, an ugly person. Fuck him.
CountAllVotes
(20,876 posts)Couldn't agree more!!! on you Bill Cosby!
RiverLover
(7,830 posts)LawDeeDah
(1,596 posts)we are so lost
Fred Sanders
(23,946 posts)full truth, especially about giving consent.
They do not vilify the accusers, why are you permitted to vilify the accused?
Warren Stupidity
(48,181 posts)And for the record: Fuck Bill Cosby and the horse he rode in on.
Fred Sanders
(23,946 posts)Response to Fred Sanders (Reply #8)
ejbr This message was self-deleted by its author.
Fred Sanders
(23,946 posts)ejbr
(5,856 posts)So why not consider the statue of limitations to be the same as the commission of suicide to avoid prosecution, but each result in the same thing: victims enable to pursue charges.
rock
(13,218 posts)RiverLover
(7,830 posts)His mask has been taken off. He's a predictor. Accept it.
Or maybe you're on the side that thinks women deserve what they get?
But no one could really believe, with so many women coming forward, that he is innocent & these women are just saying it for the fun of it.
Fred Sanders
(23,946 posts)RiverLover
(7,830 posts)antiquie
(4,299 posts)Includes link to snopes
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=364&topic_id=625391&mesg_id=625420
Remember Fat Albert? Look at how those kids are dressed...
Hypocrite (Cosby, not you).
cwydro
(51,308 posts)cer7711
(502 posts)I just learned a whole other meaning for that word:
Predictor. noun. synonym: sexual offender.
1.) One who demonstrates a predilection for predation.
RiverLover
(7,830 posts)Predator
cer7711
(502 posts)Understood and forgiven! (Even before you asked so nicely).
I should thank you: You gave us something to chuckle about regarding an otherwise very unfunny topic.
The Wielding Truth
(11,415 posts)Chef Eric
(1,024 posts)and yet he lied us into a war, and shot a man in the face.
ejbr
(5,856 posts)not only that, juries and judges have been known to both convict innocent people and acquit guilty people; the law should not be given the status of absolute truth. Of course, functioning societies must create this type of assessment of guilt or innocence, but it is not, absolute/perfect.
pnwmom
(108,980 posts)based on the credibility of the MANY women who have come forward.
On that basis, I think he should be vilified. That's a very mild consequence for a man who probably should have gone to jail.
1monster
(11,012 posts)Horse who was forced to carry him in?
BeyondGeography
(39,376 posts)She had 13 other victims lined up to testify against him:
http://www.slate.com/blogs/xx_factor/2014/11/18/bill_cosby_rape_allegations_cosby_can_t_be_prosecuted_or_jailed_but_he_should.html
He is an adroit predator who uses his wealth and status to feed a very sick habit. That he hasn't been charged with a crime doesn't make him any less of a criminal.
Fred Sanders
(23,946 posts)mac56
(17,572 posts)Someone who commits a crime but is never convicted - cannot be a criminal?!
SMH.
VanillaRhapsody
(21,115 posts)Guilty" means....unless you are found guilty by court of law....you are presumed innocent of the crime. Its the American way..
Response to VanillaRhapsody (Reply #39)
Post removed
pnwmom
(108,980 posts)against him out of court, and who will never be tried. (And has had other accusations from women who never brought legal charges.)
Then it is up to members of the public to determine whether they think he is guilty or not. We'll never know for sure, but it is hard at this point to believe he is innocent.
I'm curious. Do you still presume George Zimmerman to be innocent? Or did the testimony at trial convince you, as a member of the public, that the jury made a mistake?
VanillaRhapsody
(21,115 posts)This right is so important in modern democracies, constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions:
The Universal Declaration of Human Rights, article 11, states: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.".
The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2): "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law". This convention has been adopted by treaty and is binding on all Council of Europe members. Currently (and in any foreseeable expansion of the EU) every country member of the European Union is also member to the Council of Europe, so this stands for EU members as a matter of course. Nevertheless, this assertion is iterated verbatim in Article 48 of the Charter of Fundamental Rights of the European Union.
In the 1988 Brazilian constitution, article 5, section LVII states that "no one shall be considered guilty before the issuing of a final and unappealable penal sentence".
In Canada, section 11(d) of the Canadian Charter of Rights and Freedoms states: "Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal".
In the Colombian constitution, Title II, Chapter 1, Article 29 states that "Every person is presumed innocent until proven guilty according to the law".
In France, article 9 of the Declaration of the Rights of Man and of the Citizen 1789, which has force as constitutional law, begins: "Any man being presumed innocent until he has been declared guilty ...". The Code of Criminal Procedure states in its preliminary article that "any person suspected or prosecuted is presumed innocent for as long as their guilt has not been established"[15] and the jurors' oath repeats this assertion (article 304).[27]
In Iran, Article 37 of the Constitution of the Islamic Republic of Iran states: "Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court".
In Italy, the second paragraph of Article 27 of the Constitution states: "A defendant shall be considered not guilty until a final sentence has been passed."[28]
The Constitution of Russia, in article 49, states that "Everyone charged with a crime shall be considered not guilty until his or her guilt has been proven in conformity with the federal law and has been established by the valid sentence of a court of law". It also states that "The defendant shall not be obliged to prove his or her innocence" and "Any reasonable doubt shall be interpreted in favor of the defendant".
In the South African Constitution, section 35(3)(h) of the Bill of Rights states: "Every accused person has a right to a fair trial, which includes the right to be presumed innocent, to remain silent, and not to testify during the proceedings."
Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th, and 14th amendments. See also Coffin v. United States and In re Winship.
and due to statutes of limitations...that will never be the case. Its one of the hazards of living in this Democracy...
pnwmom
(108,980 posts)But it doesn't apply to ordinary public opinion in cases that will never be adjudicated in court. There is no jury pool to contaminate. He's long past the possibility of being tried.
Warren Stupidity
(48,181 posts)and cannot come up with a coherent response.
cali
(114,904 posts)amazing.
Fred Sanders
(23,946 posts)"Golden Thread" of criminal law, innocent until proven guilty in a court of law? According to the admissible evidence? Proof beyond a reasonable doubt is the same as instant judgment via the media! Really?
Due process? Rule of law? These have so little meaning to ordinary folks, playing ordinary folks ordinary public opinion games, I know, but at DU, far too many.
And because the statue of limitations is over, which is another law folks fail to understand, then the curt of public opinion has jurisdiction. Really?
Fascists will love you, liberal you are not.
This reminds me of the Ebola fear mongering, even folks at DU were on the side of.....get this....Cruz and Palin.
Sad.
This is all so enter stowing for armchair commentators, but a man is being ruinined by rumour and innuedo and liberals cheer...unreal.
By the way the criminal law does not recognize quantity of charges as proving any of the charges, again you will need to go to law school specializing in criminal law and procedure, sexual offences specialization, to pick that up.
Or you could go to Kangaroo Law School and set up your Kangaroo Court rules of evidence and standard of proof.......for entertainment purposes only, please.
And yes, fucking is not guilty in the eyes of the law. Innocence is another matter, innocence is not a legal ruling. Not guilty just means not proven, it does not mean innocence. Again, Criminal Law 101.
jberryhill
(62,444 posts)If you are walking down the street and I come up to you, punch you in the face, take your money and run, are you going to call the police?
Why? Would you consider me guilty?
In every courtroom there is at least one person who is REQUIRED to consider the person guilty.
Are you saying the prosecutor cannot get in front of the jury and call the accused guilty?
That's nuts.
Are you saying that you wouldn't get on the stand and say I punched you and took your money?
Fred Sanders
(23,946 posts)maybe you will misidentify the stranger who punched you, maybe the person was being forced by another person under threat to steal from you....criminal law is far more complex than you seem to be aware of.
But fuck Cosby and fuck the law, right! Much easier than having to acknowledge the rule of law.
I defend the rule of law because so many fail to understand what it is.
freedom fighter jh
(1,782 posts)From m-w.com:
criminal (noun): a person who has committed a crime or who has been proved to be guilty of a crime by a court.
So just committing a crime is enough to get you the label.
Fred Sanders
(23,946 posts)RiverLover
(7,830 posts)Have you been exposed to green algae by any chance?
http://www.newsweek.com/american-researchers-discover-stupidity-virus-283319
freedom fighter jh
(1,782 posts)I'm not trying to argue that the guy is in fact a criminal. Don't know enough to say that he is or isn't. Just saying you can't say he's *not* a criminal just because he hasn't been convicted. Someone who has committed a crime is a criminal.
BTW, what dictionary is the source of *your* definition?
Thespian2
(2,741 posts)I didn't understand until now that you are completely uninformed about crime, and once informed of your misinformation, you have no concept of how to say you have learned something. Once one human does something criminal against another human, a crime has been committed. Police, courts, etc. do not stop the inhuman act from being a crime. Oh, it is also true that crimes are committed against other animals, but this thread is about Cosby. If one allegation is true, he has committed a crime, whether you think so or not.
Fred Sanders
(23,946 posts)Thespian2
(2,741 posts)you lack all understanding. No one needs law school to understand when a crime has been committed. Remember Hobbes: Why waste time learning when ignorance is instantaneous? Perhaps you live by that rule.
BlancheSplanchnik
(20,219 posts)"Fuck those lying women."
That's guilty until proven innocent.
laundry_queen
(8,646 posts)And we know which 'people' that means.
niyad
(113,463 posts)Skittles
(153,169 posts)secondwind
(16,903 posts)hearing about this when they first came out...
Happyhippychick
(8,379 posts)These are his ardent fans, they won't see it. His career will end in disgrace, I'm sure of it.
Renew Deal
(81,866 posts)Last edited Sat Nov 22, 2014, 12:51 PM - Edit history (1)
I think most of the accusations are probably true, but it's also true that he hasn't been charged with anything. Don't know if that can change at this point.
delrem
(9,688 posts)Renew Deal
(81,866 posts)I've heard the name.
muriel_volestrangler
(101,322 posts)VanillaRhapsody
(21,115 posts)Innocent until proven guilty is an actual "thing"...its what our system of Justice is predicated on.
muriel_volestrangler
(101,322 posts)so it's not as simple as 'innocent until proven guilty' for how society reacts to him. Justice is about whether he gets locked up for it, or has a criminal record; the OP is about people applauding him.
As fas as Savile goes, absolutely everyone accepts he was a serial rapist and assaulter, and its a huge scandal how he got away with it. This has led to major inquiries, and trials of his associates and other media figures from the time for whom victims have now come forward. To say Savile is 'innocent' because he never came to trial would be like saying Hitler is 'innocent until proven guilty' of war crimes.
VanillaRhapsody
(21,115 posts)You are not considered guilty of a crime in this country UNTIL you have gone before a judge. There is a statute of limitations in play here and this will never be resolved.
cali
(114,904 posts)conclusions based on what these women are saying? don't like that? too bad. that's the way it is.
VanillaRhapsody
(21,115 posts)he is considered innocent until proven guilty....that is the American WAY! Isn't that what Democrats are SUPPOSED to defend?
muriel_volestrangler
(101,322 posts)As I pointed out, people consider Hitler guilty of war crimes.
VanillaRhapsody
(21,115 posts)The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat (the burden of proof is on he who declares, not on he who denies), is the principle that one is considered innocent until proven guilty. In many nations, presumption of innocence is a legal right of the accused in a criminal trial. The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond reasonable doubt. If reasonable doubt remains, the accused is to be acquitted.
The fundamental right[edit]
This right is so important in modern democracies, constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions:
The Universal Declaration of Human Rights, article 11, states: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.".
The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2): "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law". This convention has been adopted by treaty and is binding on all Council of Europe members. Currently (and in any foreseeable expansion of the EU) every country member of the European Union is also member to the Council of Europe, so this stands for EU members as a matter of course. Nevertheless, this assertion is iterated verbatim in Article 48 of the Charter of Fundamental Rights of the European Union.
In the 1988 Brazilian constitution, article 5, section LVII states that "no one shall be considered guilty before the issuing of a final and unappealable penal sentence".
In Canada, section 11(d) of the Canadian Charter of Rights and Freedoms states: "Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal".
In the Colombian constitution, Title II, Chapter 1, Article 29 states that "Every person is presumed innocent until proven guilty according to the law".
In France, article 9 of the Declaration of the Rights of Man and of the Citizen 1789, which has force as constitutional law, begins: "Any man being presumed innocent until he has been declared guilty ...". The Code of Criminal Procedure states in its preliminary article that "any person suspected or prosecuted is presumed innocent for as long as their guilt has not been established"[15] and the jurors' oath repeats this assertion (article 304).[27]
In Iran, Article 37 of the Constitution of the Islamic Republic of Iran states: "Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court".
In Italy, the second paragraph of Article 27 of the Constitution states: "A defendant shall be considered not guilty until a final sentence has been passed."[28]
The Constitution of Russia, in article 49, states that "Everyone charged with a crime shall be considered not guilty until his or her guilt has been proven in conformity with the federal law and has been established by the valid sentence of a court of law". It also states that "The defendant shall not be obliged to prove his or her innocence" and "Any reasonable doubt shall be interpreted in favor of the defendant".
In the South African Constitution, section 35(3)(h) of the Bill of Rights states: "Every accused person has a right to a fair trial, which includes the right to be presumed innocent, to remain silent, and not to testify during the proceedings."
Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th, and 14th amendments. See also Coffin v. United States and In re Winship.
http://en.wikipedia.org/wiki/Presumption_of_innocence
muriel_volestrangler
(101,322 posts)It's a wikipedia entry about how court systems work.
I really think you need to talk to some real people about how they come to conclusions. It doesn't all happen from court decisions. For instance, you can ask DUers about whether Bush fairly won the 2000 election. The courts are clear that he did. We're not so clear.
VanillaRhapsody
(21,115 posts)The fundamental right
This right is so important in modern democracies, constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions:
The Universal Declaration of Human Rights, article 11, states: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.".
muriel_volestrangler
(101,322 posts)"Everyone charged with a penal offence", not "everyone with a comedy gig in a Florida theater". You are conflating whether someone is deprived of liberty with whether people consider him a good man.
VanillaRhapsody
(21,115 posts)muriel_volestrangler
(101,322 posts)informing DU about Jimmy Savile??? If it's the word 'guilty' you object to, then find someone who was using it about Cosby.
VanillaRhapsody
(21,115 posts)opportunity to defend himself...he lost and was found guilty. In this case there will never be a trail....he will never get the chance to defend himself.
Perhaps we should just go back to stockades and branding!
muriel_volestrangler
(101,322 posts)He chose to settle out of court instead.
VanillaRhapsody
(21,115 posts)Lots of settlements are made out of court....legal defenses are expensive.
Lets just put him in the stockade and throw rotten eggs at him....will that help?
muriel_volestrangler
(101,322 posts)informing DU about Jimmy Savile??? If it's the word 'guilty' you object to, then find someone who was using it about Cosby.
Yes, I have just repeated post #90, because you don't seem to have bothered reading it or thinking about it before replying to me.
VanillaRhapsody
(21,115 posts)This right is so important in modern democracies, constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions:
The Universal Declaration of Human Rights, article 11, states: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.".
muriel_volestrangler
(101,322 posts)All I did was explain to Renew Deal, and anyone else interested, who Savile was.
I'm putting you on 'ignore', since you aren't making an attempt to read my posts.
VanillaRhapsody
(21,115 posts)that is pretty damning evidence...but he STILL got a trial....
There will never be a trial in THIS case...there is no choice but to accept that fact. I am not discounting these women's stories...but it will always be their words against his..because there won't be a trial.
jberryhill
(62,444 posts)In order to have ANY trial, somebody has to be accusing someone of being guilty before the trial starts.
This notion that anyone is not allowed to consider anyone guilty is pure nonsense.
I was assaulted once. I went to the police. I was pretty sure the guy who grabbed me was guilty and had no problem saying so.
kelly1mm
(4,733 posts)Warren Stupidity
(48,181 posts)Cosby will have all the justice money can buy, just like other rich sick fucks.
VanillaRhapsody
(21,115 posts)statute of limitations ran out.
Warren Stupidity
(48,181 posts)So do continue with your irrelevant defense of this twisted sick manipulative shithead.
VanillaRhapsody
(21,115 posts)as statutes of limitations have run out.....he will have the perception of being guilty...but he will not be found so..
Everyone even Jeffrey Dahmer was entitled to a fair trial and he had heads in the fridge...in this case there will never be a trial.
and I say this as someone who herself was brutally raped years ago...who couldn't bring the person up on charges for personal reasons....who also has the statute of limitations run out....that person will never be found guilty of what he did to me....its just a fact.
cali
(114,904 posts)VanillaRhapsody
(21,115 posts)he is therefore considered innocent in the eyes of the law...it sucks but it is the way it is...and I don't want to live in a country that doesn't observe that fundamental right....
cali
(114,904 posts)that which transpires outside it. Many would argue that it's far less a part of 'real life'.
And no, it's not the American Way or you're vision of what dems stand for. No one is suggesting imprisoning him or doing anything extrajudicial to him. Democrats are supposed to stand for 1st amendment rights.
VanillaRhapsody
(21,115 posts)The fundamental right
This right is so important in modern democracies, constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions:
The Universal Declaration of Human Rights, article 11, states: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.".
cali
(114,904 posts)it's called the 1st amendment, hon.
I know imitation is the sincerest blah, blah, blah, but it's still lame.
VanillaRhapsody
(21,115 posts)Do you think we should make him wear the red letter R on his chest? Maybe we should put him in the stockade and let the court of public opinion throw stones and rotten vegetables at him!
cali
(114,904 posts)VanillaRhapsody
(21,115 posts)You always try this stupid tactic and it never works....
"but but but you said...."
cali
(114,904 posts)I know, I know. It's a bit much for you to retain a name, 'nils.
and man, I'll match my intelligence against your mental capacity any day of the week and twice on Sundays. Now, nilly, do tell, have you chastised people in those threads about their calling Wilson a murderer? After all, nilly, he hasn't been found guilty in court of law.
VanillaRhapsody
(21,115 posts)the Grand Jury hasn't come back yet....do I think it is fair that Ferguson has an almost all White police force? Nope...Do I think the grand jury will be fair...nope...but there is no statute of limitations on this one....and there are still Federal Investigations to come.
skepticscott
(13,029 posts)of being found guilty of a felony in a court of law (i.e. fine or imprisonment imposed by the government). If individual people (not the government) have formed their own personal opinions about the likelihood of his guilt as a result of publicly available information, that's not the same thing, and no Constitution gives someone the right not to have that happen. The government is constitutionally required to consider him innocent until proven guilty, not private individuals. The right of private individuals to form and express their opinions is also what Democrats are supposed to defend.
VanillaRhapsody
(21,115 posts)but I still believe in Human Rights....like the right to a fair trial. The guy who beat and raped me will never experience what Cosby will because the "court of public "OPINION" has not deemed him already guilty...WITHOUT due process...like a lawyer to defend himself....just like Jeffery Dahmer had....who happened to have HEADS in his refridge. Its what makes US different...its called civilization.
skepticscott
(13,029 posts)In fact, the available evidence indicates that he's taken significant steps to ensure that no jury ever hears any of the allegations against him. And he's had plenty of help on that (and in the "court of public opinion) from his lawyer (the right to which he has also not been denied in any way).
To repeat, no constitution and no declaration of human rights guarantees the right for a public figure to be free of negative public opinion, and for good reason. Sorry.
VanillaRhapsody
(21,115 posts)skepticscott
(13,029 posts)No one has "deprived" Bill Cosby of anything in that respect, except Bill Cosby.
Despite your continuing to harp on this, you can't point to anyone, either government official or private citizen, who has violated the law here.
cali
(114,904 posts)it doesn't apply outside of a court room. and boo fucking hoo: he's lost a couple of gigs. and that you think the U.S. is some pinnacle of civilization, says it all. Educate yourself. Oh, never mind. It's you.
VanillaRhapsody
(21,115 posts)COURT of LAW....its the Law of the land...
but you are welcome to just throw him into the stockade and brand a letter R on his face!
cali
(114,904 posts)Grab a clue, 'nils: 1st amendment. It's the law of the land.
No one is suggesting anyone do anything extrajudicial to the rapist fuckwad.
VanillaRhapsody
(21,115 posts)I will take rule of law versus Mobocracy any day....
cali
(114,904 posts)what does being an American have to do with forming an opinion. NO IS SUGGESTING THAT ANYONE DO ANYTHING TO HIM.
Forming an opinion based on the information we have, is not, as you seem to confusedly believe, "UnAmerican".
VanillaRhapsody
(21,115 posts)Why not brand him with an R? What difference does it make...he is now wearing the proverbial R on his face one...because "Americans" like you want to convict him in the "court of public opinion".....I say we have to stay neutral because there WILL be NO resolution in this case....we will never know the truth....because there will never be a court to decide that..
OOOOH I know...lets stretch him on the rack until he admits he did it! Or we could pull out his fingernails...that should do the trick!
muriel_volestrangler
(101,322 posts)I don't know why you are talking to me about a court of law.
It is true that all the states concerned have a statute of limitations for rape that have definitely run out for all the accusations, by the way? eg "In New York, there is no statute of limitations for first-degree rape or some types of sexual assault."
VanillaRhapsody
(21,115 posts)and those standards are the American way....people fight and die for them
muriel_volestrangler
(101,322 posts)I stated some facts about Savile, and you start wittering on about 'the American way'.
VanillaRhapsody
(21,115 posts)It DOES mean that some guilty will walk...
cali
(114,904 posts)that's the only place the presumption of innocence is required. Not on DU, nilly.
VanillaRhapsody
(21,115 posts)Presumption of Climate Change...or evidence of it? Presumption of Gravity...or the Theory of Gravity?
cali
(114,904 posts)congrats, 'nilla. that's quite an accomplishment.
Wait. that post deserves another
VanillaRhapsody
(21,115 posts)thats the analogy...I prefer a nation of laws...
presumption of innocence
n. a fundamental protection for a person accused of a crime, which requires the prosecution to prove its case against the defendant beyond a reasonable doubt. This is opposite from the criminal law in many countries, where the accused is considered guilty until he/ she proves his/her innocence or the government completely fails to prove its case.
cali
(114,904 posts)The presumption of innocence is a legal construct. Opining on someone's culpability is a different kettle of fish.
and no, 'nilla, you haven't provided ANY relevant facts at all. Nary a one, hon.
VanillaRhapsody
(21,115 posts)We are a nation of LAWS.....that is what we are!!!
That is what defines us....and what makes us DIFFERENT!
Lets just try and convict in the court of public opinion....that makes perfect sense! Lets just start punishing based on what the public thinks!
Lets put in in the coliseum and have him face the gladiators and then let Caesar thumbs up or down him!
ohheckyeah
(9,314 posts)Except of course when we aren't. LOL You're argument is ridiculous in this context.
VanillaRhapsody
(21,115 posts)Hmmm.....
I think YOURS is the ridiculous argument! WE are a nation of laws.....we don't convict on the court of public opinion. That is what presumption of innocence means...literally.
Its actually funny watching those that scream the loudest about the NSA and privacy....are the same ones that don't want to believe we are a nation of laws and don't believe in the "presumption of innocence"....but are okay with the court of public opinion.... the fact of the matter is...in this case we will never have a definitive answer because there won't be a trial at all....
ohheckyeah
(9,314 posts)you deliberately obtuse?
I don't need a court of law to have my opinion - nobody does. I honestly don't know if you believe what you spout or are just jerking people's chains. I'll give you the benefit of a doubt that you're jerking chains. The alternative is just too scary.
VanillaRhapsody
(21,115 posts)we ARE a nation of laws....contrary to YOUR opinion....this is WHY the court of public opinion is NOT the law of the land...
And you are hurling insults at ME???
delrem
(9,688 posts)is this: it is fact that you have declared the person who raped you innocent of rape, because your rapist wasn't convicted of rape.
That is the oddest *fact* that I've ever encountered, and all I can say in response to it is that wow, public forums can make for some very very strange reading.
VanillaRhapsody
(21,115 posts)The fundamental right[edit]
This right is so important in modern democracies, constitutional monarchies and republics that many have explicitly included it in their legal codes and constitutions:
The Universal Declaration of Human Rights, article 11, states: "Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.".
The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (art. 6.2): "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law". This convention has been adopted by treaty and is binding on all Council of Europe members. Currently (and in any foreseeable expansion of the EU) every country member of the European Union is also member to the Council of Europe, so this stands for EU members as a matter of course. Nevertheless, this assertion is iterated verbatim in Article 48 of the Charter of Fundamental Rights of the European Union.
In the 1988 Brazilian constitution, article 5, section LVII states that "no one shall be considered guilty before the issuing of a final and unappealable penal sentence".
In Canada, section 11(d) of the Canadian Charter of Rights and Freedoms states: "Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal".
In the Colombian constitution, Title II, Chapter 1, Article 29 states that "Every person is presumed innocent until proven guilty according to the law".
In France, article 9 of the Declaration of the Rights of Man and of the Citizen 1789, which has force as constitutional law, begins: "Any man being presumed innocent until he has been declared guilty ...". The Code of Criminal Procedure states in its preliminary article that "any person suspected or prosecuted is presumed innocent for as long as their guilt has not been established"[15] and the jurors' oath repeats this assertion (article 304).[27]
In Iran, Article 37 of the Constitution of the Islamic Republic of Iran states: "Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court".
In Italy, the second paragraph of Article 27 of the Constitution states: "A defendant shall be considered not guilty until a final sentence has been passed."[28]
The Constitution of Russia, in article 49, states that "Everyone charged with a crime shall be considered not guilty until his or her guilt has been proven in conformity with the federal law and has been established by the valid sentence of a court of law". It also states that "The defendant shall not be obliged to prove his or her innocence" and "Any reasonable doubt shall be interpreted in favor of the defendant".
In the South African Constitution, section 35(3)(h) of the Bill of Rights states: "Every accused person has a right to a fair trial, which includes the right to be presumed innocent, to remain silent, and not to testify during the proceedings."
Although the Constitution of the United States does not cite it explicitly, presumption of innocence is widely held to follow from the 5th, 6th, and 14th amendments. See also Coffin v. United States and In re Winship.
cali
(114,904 posts)YOU and facts?
Never the twain shall meet
VanillaRhapsody
(21,115 posts)thats what Climate Change Deniers do too...
cali
(114,904 posts)first of all, law is not a science, 'nilla. Secondly, this has jackshit to do with climate change, honey.
but you are fun to play with. You bring out the cat in me.
VanillaRhapsody
(21,115 posts)n. a fundamental protection for a person accused of a crime, which requires the prosecution to prove its case against the defendant beyond a reasonable doubt. This is opposite from the criminal law in many countries, where the accused is considered guilty until he/ she proves his/her innocence or the government completely fails to prove its case.
Perhaps you would prefer the latter?
cali
(114,904 posts)nonsense? That would be a clue for most people.
the presumption of innocence ONLY APPLIES IN A COURTROOM.
You don't like the 1st amendment much. that's clear.
Manifestor_of_Light
(21,046 posts)He has not been charged with any criminal offenses, but he has spent a lot of money paying off his accusers to not sue him in civil court. If Dr. Cosby thought the victims were lying, he would not worry about what a jury would think in a civil case, nor would he pay them off.
CIVIL CASES ARE DIFFERENT. THE CIVIL BURDEN OF PROOF IS THE PREPONDERANCE OF THE EVIDENCE. Anything over 50 percent.
Remember when O.J. was found not guilty of two murders, but the Goldmans and the Browns got civil judgments against him in the amount of $33.5 million? They could not get to his NFL pension. It's judgment proof. However, Ron Goldman's mother has auctioned off her judgment as she expects to see little of it. I could not find an article online stating how much the judgment was bought for, or whether it was bought at all.
Former legal secretary and court reporter here. Also a law school graduate.
delrem
(9,688 posts)VanillaRhapsody has declared that her own rapist is *innocent of rape* because not convicted of rape in a court of law. whew. Something doesn't smell right about that.
VanillaRhapsody
(21,115 posts)So then lets get the stockades.....we don't have to presume you innocent...we can prosecute you ourselves.....laws like that only apply in court right?
Guaranteeing the presumption of innocence extends beyond the judicial system. For instance, in many countries journalistic codes of ethics state that journalists should refrain from referring to suspects as though their guilt is certain. For example, they use "suspect" or "defendant" when referring to the suspect, and use "alleged" when referring to the criminal activity that the suspect is accused of.
More subtly, publishing of the prosecution's case without proper defence argumentation may in practice constitute presumption of guilt. Publishing a roster of arrested suspects may constitute undeserved punishment as well, since in practice it damages the reputation of innocent suspects. Private groups fighting certain abuses may also apply similar tactics, such as publishing the real name, address, and phone number of suspects, or even contacting the suspects' employer, friends and neighbors.
Modern practices aimed at curing social ills may run against presumption of innocence. Some civil rights organizations, such as the Canadian Civil Liberties Association consider pre-employment drug testing, while legal, as violating this principle, as potential employees are presumed to be users of illegal drugs, and must prove themselves innocent through the test.[31] Similarly, critics argue that prevailing policies of zero tolerance toward sexual harassment or racial discrimination show a strong presumption of guilt. These dispositions were meant to ease the burden of proof on the victim, since in practice harassment or discrimination practices are hard to prove.
http://en.wikipedia.org/wiki/Presumption_of_innocence
apparently we can stop arguing that drug testing is not adhering to the "presumption of innocence"....since you believe it is ONLY a "THING" in court!
Manifestor_of_Light
(21,046 posts)A crime can be committed in fact, and not indicted for or prosecuted for legally. A lot of sexual assault and rape reports are ignored and not followed through on by DAs protecting the good old boy network, even when they have plenty of evidence.
VanillaRhapsody
(21,115 posts)innocent ONLY in court...
Manifestor_of_Light
(21,046 posts)delrem
(9,688 posts)Manifestor_of_Light
(21,046 posts)Some people enjoy making other people mad. I won't take the bait.
Generic Other
(28,979 posts)Since Cosby has not been charged with a crime in court, we should feel perfectly comfortable giving our blessing when he invites our daughters up to his hotel room for "lights out," because -- hey -- he has not been PROVEN guilty of any crimes. Any woman or girl is certainly safe with him. How dare you say otherwise, Cali?
Fred Sanders
(23,946 posts)bowens43
(16,064 posts)Renew Deal
(81,866 posts)It would change the entire story. If anyone still supported him it would be in private.
smiley
(1,432 posts)Last edited Sat Nov 22, 2014, 10:53 AM - Edit history (1)
Sometimes DU just makes me shake my head.
You rail against the mainstream media constantly, but for some reason the majority here at DU seem to believe every single allegation the media is spewing. I have zero idea if Cosby is innocent or guilty, but I sure as hell am not going to spout off at the mouth about what a piece of shit I think he is. Just doesn't seem like the liberal thing to do.
baldguy
(36,649 posts)Was he charged and tried by a court of law? No, he was not, and you cannot label him a "convicted rapist". With that said and given the amount of stories and their specificity, it's clear that these women ARE NOT lying.
http://www.democraticunderground.com/10025852255
HERVEPA
(6,107 posts)Oh, and by the way, OJ didn't kill anyone either. Damn media.
elias7
(4,012 posts)Why do you castigate that mindset?
IronLionZion
(45,466 posts)there's a dark undercurrent of hatred flowing through many discussion boards that comes out from time to time. Even so called liberals lose their humanity and turn into bloodthirsty monsters just itching to "punish" someone.
Facts, due process, reserving judgment, investigating the truth, all just goes out the window. DUers love to hate.
Any rational human being would want to find out more or even call for an investigation and official criminal charges.
Warren Stupidity
(48,181 posts)as a sick fuck, we do not have to act like judges, juries, or executioners.
Dorian Gray
(13,496 posts)the hand wringing about innocent until proven guilty is stupid.
I didn't like Cosby before because I thought he was a moralistic prick.
Now I don't like him because he's probably a rapey moralistic prick.
I can not like the guy for whatever reason I don't like the guy for. We're all allowed our opinions. It means squat unless we are on the jury.
HERVEPA
(6,107 posts)Exactly what "proof" do you think will surface???
You are in denial pure and simple.
This site is almost unrecognizable these days.
smiley
(1,432 posts)I'm just amazed at how many people here are willing to believe the media in this case, but rail against it in many other instances.
cwydro
(51,308 posts)jtuck004
(15,882 posts)ChazII
(6,205 posts)both Cosby appearances/shows have been cancelled.
CaptainTruth
(6,594 posts)But people believe Iraq had WMDs, the ACA will destroy the economy, & Obama is a tyrant.
jalan48
(13,873 posts)My guess is that some of these folks are in the Rush Limbaugh "Femmi-Nazi" crowd. It's sad but many people think the 60's was a really bad time for America and that the ideas and movements associated with that time were bad for America as well. Hippies, uppity blacks and women changed the country for the worse according to these people. Cosby presents the image of the likeable, safe black man, comforting to those who wanted history to stop in 1959. Donna Reed anyone?
daleo
(21,317 posts)It is hard not to be influenced by our underlying political predispositions in these matters. It shouldn't matter, but it does.
calimary
(81,350 posts)That's totally correct. The 60s - a time I appreciate greatly and remember fondly, having lived in it - are reviled years to the CON mentality. That's when much of America loudly and vocally broke away from the whole Donna Reed thing and shook off Ozzie and Harriet, too. Because it WASN'T the real America for everyone. And because there were just a few too many injustices that could no longer be swept under a nice tidy white throw-rug.
valerief
(53,235 posts)SidDithers
(44,228 posts)Ray Rice got a standing O too, at a Raven's practice.
WTF is wrong with people.
Sid
albino65
(484 posts)It's in their nature maybe.
Stellar
(5,644 posts)or was it just hear-say? He never said anything much about it, yet.
Don Draper
(187 posts)innocent of these accusations. Further proof that this demographic are incapable of looking at objective reality.
yeoman6987
(14,449 posts)I am confused....they can't be both racist and not racist.
ohheckyeah
(9,314 posts)black and then there is BLACK.
Dont call me Shirley
(10,998 posts)skepticscott
(13,029 posts)of the rape culture and the culture of celebrity. There are lots and lots of folks out there who desperately need to feel a connection with people who are rich, famous and prominent in the media, even if they have to manufacture that connection in their heads. They assume, very mistakenly, that they KNOW people and what they're really like because they've seen them in movies or on TV. Because they've seen Cosby playing good ol' dad and husband Dr. Huxtable (forgetting that in everything they've seen him, he's acting and pretending to be something he's not) or doing one of his wholesomey comedy routines, that he can't POSSIBLY be a rapist or any other kind of bad person. For them to accept otherwise would severely damage their carefully constructed and necessary fantasy world, so they just close their minds to even the possibility as a defense mechanism.
KingCharlemagne
(7,908 posts)what psychologists call 'cognitive dissonance':
http://en.wikipedia.org/wiki/Cognitive_dissonance
appleannie1
(5,067 posts)Lex
(34,108 posts)It's weird.
Warren Stupidity
(48,181 posts)Who woulda thunk it?
truedelphi
(32,324 posts)Either think like trolls or are trolls that this sort of thing happens.
And I define "thinking like a troll" to be when you won't allow for a grey area to exist.
One person perpetuating how Cosby is "innocent until proven" guilty is told that "legally that is true" but in the court of public opinion, all bets are off, once an individual settles out of court.
But that person is like a dog with a bone, and will not allow for the grey area.
Warren DeMontague
(80,708 posts)I mean, back when the whole Woody Allen thing went down, there were an awful lot of exhortations, here, about the importance of always believing victims.
The silence on this, given that now we're talking about- what- 16 women? Is downright odd.
Warren Stupidity
(48,181 posts)a total creeped out shit head, but I gave that up. I can't watch any of his shit anymore, it is all just creep-work.
Warren DeMontague
(80,708 posts)I think Purple Rose of Cairo is his best movie, and he's not in it, so it's not hard for me to watch either way.
bettyellen
(47,209 posts)a whole lot of people would suddenly believe these women.
But the likely scenario is that men who know what happened either were conspirators- finding the girls, or joined in raping the unconscious women. It sounds like that is the case with the newest allegation. Anything could have happened to them when they were knocked out. They cannot testify to the time when they were knocked out, and some people here seem gleeful about that. Disturbing.
Sheldon Cooper
(3,724 posts)this story moved to the front page. So yeah, having a man add credence to the story changes the game considerably.
bettyellen
(47,209 posts)Great point!
Initech
(100,087 posts)Adenoid_Hynkel
(14,093 posts)not a representative sample of public opinion.
JonLP24
(29,322 posts)He is receiving backlash from everywhere else.
Dreamer Tatum
(10,926 posts)and Michael Jackson had his supporters.
Women offer to marry Scott Peterson.
People are silly. Let it go.
bowens43
(16,064 posts)bigwillq
(72,790 posts)I was never a big Cosby fan, even before these allegations, but I have no issue with folks given him a standing O if that's what they choose to do.
Derek V
(532 posts)If you haven't actually been charged with a crime in this country, you'll have plenty of supporters.