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Warren Stupidity

(48,181 posts)
Sat Nov 22, 2014, 08:45 AM Nov 2014

I 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
177 replies = new reply since forum marked as read
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I give the fuck up. Bill Cosby Gets Standing Ovation at Florida Theater (Original Post) Warren Stupidity Nov 2014 OP
It's Florida....'nuff said?...n/t monmouth4 Nov 2014 #1
No shit BeyondGeography Nov 2014 #2
+1 CountAllVotes Nov 2014 #3
Depressing. ~nt RiverLover Nov 2014 #4
i want to vomit LawDeeDah Nov 2014 #5
Cosby has not been charged with any crime. Some chose not to believe the accusers are telling the Fred Sanders Nov 2014 #6
Did you forgot a sarcasm tag or was that actually serious? Warren Stupidity Nov 2014 #7
Cosby has not been charged with any crime. Fred Sanders Nov 2014 #8
This message was self-deleted by its author ejbr Nov 2014 #14
There was that whole intervening "ceased to exist" that prevents that, but you are correct. Fred Sanders Nov 2014 #16
correct, he committed suicide. ejbr Nov 2014 #72
What? The six million jews don't count? rock Nov 2014 #17
Having trouble letting go of his image as warm "Dr Huxtable" on the Cosby show? RiverLover Nov 2014 #18
Well, you are, for the fun of it. Fred Sanders Nov 2014 #19
Wow. ~nt RiverLover Nov 2014 #22
How about "these people" antiquie Nov 2014 #38
A predictor? cwydro Nov 2014 #40
Heh! I caught that too. cer7711 Nov 2014 #48
Damn auto correct. I'm a spelling nazi too. Please forgive!!! RiverLover Nov 2014 #50
I Suspected the Auto-corrector! cer7711 Nov 2014 #123
It looks really bad, but in every case one is innocent until proven guilty. The Wielding Truth Nov 2014 #144
Neither has Dick Cheney... Chef Eric Nov 2014 #55
...and there you have it... ejbr Nov 2014 #67
And he won't be, which means people must make up their own minds, pnwmom Nov 2014 #106
Okay, I understand disgust with Cosby, what the heck do you have against the poor 1monster Nov 2014 #58
He had to pay off one of his victims in 2006 BeyondGeography Nov 2014 #13
Actually the only thing by definition that makes you a criminal is being convicted of a crime. Fred Sanders Nov 2014 #21
Really? mac56 Nov 2014 #23
that is what the term "innocent until PROVEN VanillaRhapsody Nov 2014 #39
Post removed Post removed Nov 2014 #41
That applies to jurors. But it doesn't apply in the case of a man who has settled all the claims pnwmom Nov 2014 #108
NO...wrong...its a fundamental right VanillaRhapsody Nov 2014 #109
It is a fundamental LEGAL right. Everyone facing trial is to be presumed innocent. pnwmom Nov 2014 #112
the poster has had that pointed out to him in this thread multiple times Warren Stupidity Nov 2014 #117
that simple fact is beyond some folks' grasp cali Nov 2014 #122
Ordinary public option? You are equating ordinary, versus 'special', I guess, public opinion, with the Fred Sanders Nov 2014 #167
Can I ask you a serious question? jberryhill Nov 2014 #139
The person may have a mental illness, maybe they were so drunk as to not have the men's rea, Fred Sanders Nov 2014 #168
Not necessarily freedom fighter jh Nov 2014 #25
Circular argument...massively so. Fred Sanders Nov 2014 #26
You got the definition of "circular argument" wrong too. RiverLover Nov 2014 #28
Citing a definition is a massive circular argument? freedom fighter jh Nov 2014 #29
Sorry, Mr. Sanders. Thespian2 Nov 2014 #37
Please return immediately to law school for some remedial courses, sir. Fred Sanders Nov 2014 #166
Perhaps Thespian2 Nov 2014 #170
they DO vilify the accusers. the OVERWHELMING praise for b.c. IS a statement: BlancheSplanchnik Nov 2014 #31
Yep. Apparently innocent until proven guilty is only for *some* people. laundry_queen Nov 2014 #169
what part of "the women are lying" do you not see as vilifying the accusers? niyad Nov 2014 #65
the man is absolute fucking scum Skittles Nov 2014 #157
"they viewed him as an entertainer"... so what? these charges are very serious, and I remember secondwind Nov 2014 #9
Why would you be surprised? Who the hell would pay to see him anyway? Happyhippychick Nov 2014 #10
Innocent until proven guilty Renew Deal Nov 2014 #11
So you figure Jimmy Savile is innocent, as well? nt delrem Nov 2014 #12
Don't remember him Renew Deal Nov 2014 #15
British DJ, knighted for charity work, sexually abused hundreds of children and teenagers muriel_volestrangler Nov 2014 #32
but it is still our way... VanillaRhapsody Nov 2014 #42
However, Cosby did settle a law suit about it muriel_volestrangler Nov 2014 #60
and that doesn't hold up in a court of law either... VanillaRhapsody Nov 2014 #61
guess what, 'nilla? we don't live in a courtroom. people are perfectly free to come to their own cali Nov 2014 #63
Guess what Cal....that is the proverbial "court of public opinion" but in REAL life.... VanillaRhapsody Nov 2014 #66
No, not in reality muriel_volestrangler Nov 2014 #70
Yes in reality....its a fundamental right VanillaRhapsody Nov 2014 #71
Nothing there about how American people think muriel_volestrangler Nov 2014 #74
But there is about how the Court of Human Rights thinks... VanillaRhapsody Nov 2014 #80
And the context of that is penal offences muriel_volestrangler Nov 2014 #82
NO he is being called guilty....when there will be no trial... VanillaRhapsody Nov 2014 #83
Then why didn't you reply to someone calling him guilty, rather than someone muriel_volestrangler Nov 2014 #90
Its the same....Jeffery Dahmer had HEADS in the fridge...he STILL got a fair trail with the VanillaRhapsody Nov 2014 #91
He had the chance to defend himself against the civil suit muriel_volestrangler Nov 2014 #94
that doesn't equal guilt....still not the same.... VanillaRhapsody Nov 2014 #95
Then why didn't you reply to someone calling him guilty, rather than someone muriel_volestrangler Nov 2014 #96
this has nothing to do with Jimmy Savile or Jeffery Dahmer..... VanillaRhapsody Nov 2014 #97
YOU brought up Jeffery Dahmer. delrem brought up Jimmy Savile. muriel_volestrangler Nov 2014 #98
YES because Jeffery Dahmer had actual heads in his refridgerator..... VanillaRhapsody Nov 2014 #102
So what? jberryhill Nov 2014 #140
like Zimmerman and Darren Wilson, both not guilty in your eyes, right? nt kelly1mm Nov 2014 #156
That right protects the individual from the state, not from public opinion. Warren Stupidity Nov 2014 #78
Right and he will suffer from that....but there will not be a trial....and no resolution to this... VanillaRhapsody Nov 2014 #81
then there is no problem at all from a human rights perspective. Warren Stupidity Nov 2014 #84
I am not defending him....I am saying....he will never be found guilty in a court of law VanillaRhapsody Nov 2014 #85
so your attacker wasn't a criminal? ack. cali Nov 2014 #87
he was not found guilty.... VanillaRhapsody Nov 2014 #89
bzzzt. fail, 'nils. that's true in the legal arena- which is no more real life than cali Nov 2014 #86
bzzzt Fail Ca VanillaRhapsody Nov 2014 #88
in a court of law. the court of public opinion is perfectly free to judge. cali Nov 2014 #92
The court of public opinion is a Kangaroo court...he is not going to get to present a defense... VanillaRhapsody Nov 2014 #93
funny, I haven't seen you screeching about this in the threads about Wilson. cali Nov 2014 #99
huh? Who is Wilson? VanillaRhapsody Nov 2014 #100
uh, the numerous threads about the cop who killed Michael Brown cali Nov 2014 #104
I said what? VanillaRhapsody Nov 2014 #105
In "real life" he has suffered none of the consequences skepticscott Nov 2014 #114
Well he has lost a couple jobs so far.... VanillaRhapsody Nov 2014 #115
Cosby has not been denied the right to a fair trial skepticscott Nov 2014 #118
Yes he has...but the statute of limitations has happened... VanillaRhapsody Nov 2014 #126
Yes, that happens when you coerce victims not to brings charges skepticscott Nov 2014 #141
oh for fuck's sake. this isn't rocket science, 'nilla. Due process is a legal precept cali Nov 2014 #119
Oh for fucks sake yourself..... VanillaRhapsody Nov 2014 #128
lol. "COURT of LAW... it's the law of the land" cali Nov 2014 #131
Are we not Americans? VanillaRhapsody Nov 2014 #133
OK. One more time- again: cali Nov 2014 #136
One more time for you...WE are a NATiON of LAWS! VanillaRhapsody Nov 2014 #138
Neither a Florida theater nor DU are a court of law muriel_volestrangler Nov 2014 #68
Do you have a problem with someone stating facts? VanillaRhapsody Nov 2014 #69
Do *you* have a problem with someone stating facts? muriel_volestrangler Nov 2014 #75
the presumption of innocence IS a fundamental Right.....AND the The American way.... VanillaRhapsody Nov 2014 #76
ONLY IN A COURTROOM. PERIOD> FUCKING EXCLAMATION MARK cali Nov 2014 #121
I THOUGHT we were the SCIENCE and EVIDENCE people..... VanillaRhapsody Nov 2014 #124
well that was even more nonsensical than the rest of your ridiculous posts in this thread cali Nov 2014 #127
Except for the fact that i provided FACTS....and you are denying them like Climate Change deniers... VanillaRhapsody Nov 2014 #130
one more time, just for you- and in very simple language for you: cali Nov 2014 #134
One more time for YOU... VanillaRhapsody Nov 2014 #135
"We are a nation of LAWS.....that is what we are!!! " ohheckyeah Nov 2014 #142
we aren't? VanillaRhapsody Nov 2014 #143
Sweet Jesus - are ohheckyeah Nov 2014 #146
Sweet Jesus are YOU? VanillaRhapsody Nov 2014 #148
The only concrete fact that you presented delrem Nov 2014 #159
As I said...and it is not JUST the American way... VanillaRhapsody Nov 2014 #77
bwahahaha. too funny, nils. cali Nov 2014 #120
I JUST gave you facts...as I OFTEN do.....you can deny "science" all you want!!!! VanillaRhapsody Nov 2014 #125
bwahahahah. you just keep getting funnier and funnier. cali Nov 2014 #129
No you just keep denying the obvious.... VanillaRhapsody Nov 2014 #132
do you realize, 'nilla, that no one in this thread agrees with your cali Nov 2014 #137
The presumption of innocence only applies in a CRIMINAL COURTROOM. Manifestor_of_Light Nov 2014 #155
Recall who you are debating with. delrem Nov 2014 #160
Oh really? VanillaRhapsody Nov 2014 #161
Factually and legally are two different things. Manifestor_of_Light Nov 2014 #162
hahahahaha right... VanillaRhapsody Nov 2014 #163
Girlfriend, where did YOU earn YOUR law degree??????? Manifestor_of_Light Nov 2014 #164
I think it's a troll. delrem Nov 2014 #165
you're probably right. Manifestor_of_Light Nov 2014 #172
Using Vanilla logic... Generic Other Nov 2014 #171
I do, Cali dear, and once again you are wrong and insult in order to feel better about it. Fred Sanders Nov 2014 #176
do you really think that would have made a difference to the assholes in FL if he had been convicted bowens43 Nov 2014 #152
Yes. Renew Deal Nov 2014 #154
looking over the comments to this post... smiley Nov 2014 #20
"What are the odds that 13 different women from different backgrounds who have very similar and" baldguy Nov 2014 #24
Stop making sense. The deniers on here are amazing. HERVEPA Nov 2014 #27
You are mischaracterizing. They are not deniers, they are reserving judgment until more is known. elias7 Nov 2014 #47
DUers like to be judge, jury, and executioner IronLionZion Nov 2014 #53
We are none of the above. Consequently when a sick fuck like Cosby gets exposed Warren Stupidity Nov 2014 #62
Seriously Dorian Gray Nov 2014 #158
He setttled earlier suits. This has been going on for years. All the women with very stories. HERVEPA Nov 2014 #57
I'm not denying anything smiley Nov 2014 #149
Good post. nt cwydro Nov 2014 #44
"Just doesn't seem like the liberal thing to do." < I have heard this somewhere before... n/t jtuck004 Nov 2014 #45
Here in the stupid, backwards red state of Arizona ChazII Nov 2014 #30
So those accusations are just nonsense, CaptainTruth Nov 2014 #33
Some People Don't Like Change jalan48 Nov 2014 #34
I think you make a good point daleo Nov 2014 #43
GREAT post. Four lines of copy sum it all up. calimary Nov 2014 #59
You mean the fucking Rick Scott state? What do you expect? They LOVE criminal assholes. nt valerief Nov 2014 #35
Sickening... SidDithers Nov 2014 #36
Jameis Winston gets standing ovations every week albino65 Nov 2014 #46
So...was he actually guilty of sexually assaulting all of those women.... Stellar Nov 2014 #49
All of the right wing evangelical christians I know are convinced that Cosby is 100% Don Draper Nov 2014 #51
But I thought they hated blacks yeoman6987 Nov 2014 #101
Well, there is ohheckyeah Nov 2014 #147
Just like Steelers QB Ben Rapistberger, gets adoration and praise every Sunday. Dont call me Shirley Nov 2014 #52
This is a very ugly conflation skepticscott Nov 2014 #54
I think the psychological phenomenon you delineate here (quite nicely, I might add) is KingCharlemagne Nov 2014 #64
The only ovation I would give him is a whack to the head. appleannie1 Nov 2014 #56
O.J. Simpson. Some cheered him too. Lex Nov 2014 #73
I give the fuck up. Bill Cosby gets a big fat pass on DU too. Warren Stupidity Nov 2014 #79
I guess there are enough people here who truedelphi Nov 2014 #145
It's weird, isn't it? Warren DeMontague Nov 2014 #173
I admit to having had mixed feelings about Allen, I really wanted to believe he wasnt Warren Stupidity Nov 2014 #174
I have to say, if 16 people had made the accusation, I'd find it pretty damn impossible to question. Warren DeMontague Nov 2014 #175
you know what is sad- it would probably take one man to spill the beans and suddenly we would see bettyellen Nov 2014 #103
It wasn't until male comedian Hannibal Burress called Cosby a rapist that Sheldon Cooper Nov 2014 #110
Yep- a man takes it seriously, and all of a sudden- maybe they are not all "nuts and sluts". bettyellen Nov 2014 #111
I wonder if this same crowd would also cheer Ray Rice, Aaron Hernandez, and Jerry Sandusky? Initech Nov 2014 #107
They were people who were already big enough fans to buy a ticket in the first place Adenoid_Hynkel Nov 2014 #113
The people that would show up are probably fans JonLP24 Nov 2014 #116
People held up signs that read "Go OJ Go!" Dreamer Tatum Nov 2014 #150
florida...... doesnt surprise me at all bowens43 Nov 2014 #151
Glad we live in a country where folks are free to do that. bigwillq Nov 2014 #153
Your Last Line explains it Derek V Nov 2014 #177

Fred Sanders

(23,946 posts)
6. Cosby has not been charged with any crime. Some chose not to believe the accusers are telling the
Sat Nov 22, 2014, 09:12 AM
Nov 2014

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)
7. Did you forgot a sarcasm tag or was that actually serious?
Sat Nov 22, 2014, 09:13 AM
Nov 2014

And for the record: Fuck Bill Cosby and the horse he rode in on.

Response to Fred Sanders (Reply #8)

ejbr

(5,856 posts)
72. correct, he committed suicide.
Sat Nov 22, 2014, 01:29 PM
Nov 2014

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.

RiverLover

(7,830 posts)
18. Having trouble letting go of his image as warm "Dr Huxtable" on the Cosby show?
Sat Nov 22, 2014, 09:40 AM
Nov 2014

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.

cer7711

(502 posts)
48. Heh! I caught that too.
Sat Nov 22, 2014, 10:31 AM
Nov 2014

I just learned a whole other meaning for that word:

Predictor. noun. synonym: sexual offender.

1.) One who demonstrates a predilection for predation.

cer7711

(502 posts)
123. I Suspected the Auto-corrector!
Sat Nov 22, 2014, 05:08 PM
Nov 2014

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.

ejbr

(5,856 posts)
67. ...and there you have it...
Sat Nov 22, 2014, 01:25 PM
Nov 2014

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)
106. And he won't be, which means people must make up their own minds,
Sat Nov 22, 2014, 02:35 PM
Nov 2014

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)
58. Okay, I understand disgust with Cosby, what the heck do you have against the poor
Sat Nov 22, 2014, 11:12 AM
Nov 2014

Horse who was forced to carry him in?

BeyondGeography

(39,376 posts)
13. He had to pay off one of his victims in 2006
Sat Nov 22, 2014, 09:34 AM
Nov 2014

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.

 

VanillaRhapsody

(21,115 posts)
39. that is what the term "innocent until PROVEN
Sat Nov 22, 2014, 10:18 AM
Nov 2014

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)

pnwmom

(108,980 posts)
108. That applies to jurors. But it doesn't apply in the case of a man who has settled all the claims
Sat Nov 22, 2014, 02:39 PM
Nov 2014

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)
109. NO...wrong...its a fundamental right
Sat Nov 22, 2014, 02:41 PM
Nov 2014

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)
112. It is a fundamental LEGAL right. Everyone facing trial is to be presumed innocent.
Sat Nov 22, 2014, 03:04 PM
Nov 2014

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)
117. the poster has had that pointed out to him in this thread multiple times
Sat Nov 22, 2014, 04:17 PM
Nov 2014

and cannot come up with a coherent response.

Fred Sanders

(23,946 posts)
167. Ordinary public option? You are equating ordinary, versus 'special', I guess, public opinion, with the
Tue Nov 25, 2014, 08:44 AM
Nov 2014

"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)
139. Can I ask you a serious question?
Sat Nov 22, 2014, 05:46 PM
Nov 2014

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)
168. The person may have a mental illness, maybe they were so drunk as to not have the men's rea,
Tue Nov 25, 2014, 08:57 AM
Nov 2014

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)
25. Not necessarily
Sat Nov 22, 2014, 09:52 AM
Nov 2014

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.

freedom fighter jh

(1,782 posts)
29. Citing a definition is a massive circular argument?
Sat Nov 22, 2014, 10:03 AM
Nov 2014

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)
37. Sorry, Mr. Sanders.
Sat Nov 22, 2014, 10:13 AM
Nov 2014

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.

Thespian2

(2,741 posts)
170. Perhaps
Tue Nov 25, 2014, 10:46 AM
Nov 2014

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)
31. they DO vilify the accusers. the OVERWHELMING praise for b.c. IS a statement:
Sat Nov 22, 2014, 10:07 AM
Nov 2014

"Fuck those lying women."

That's guilty until proven innocent.

laundry_queen

(8,646 posts)
169. Yep. Apparently innocent until proven guilty is only for *some* people.
Tue Nov 25, 2014, 09:19 AM
Nov 2014

And we know which 'people' that means.

secondwind

(16,903 posts)
9. "they viewed him as an entertainer"... so what? these charges are very serious, and I remember
Sat Nov 22, 2014, 09:26 AM
Nov 2014

hearing about this when they first came out...

Happyhippychick

(8,379 posts)
10. Why would you be surprised? Who the hell would pay to see him anyway?
Sat Nov 22, 2014, 09:26 AM
Nov 2014

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)
11. Innocent until proven guilty
Sat Nov 22, 2014, 09:30 AM
Nov 2014

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.

 

VanillaRhapsody

(21,115 posts)
42. but it is still our way...
Sat Nov 22, 2014, 10:20 AM
Nov 2014

Innocent until proven guilty is an actual "thing"...its what our system of Justice is predicated on.

muriel_volestrangler

(101,322 posts)
60. However, Cosby did settle a law suit about it
Sat Nov 22, 2014, 01:13 PM
Nov 2014

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)
61. and that doesn't hold up in a court of law either...
Sat Nov 22, 2014, 01:17 PM
Nov 2014

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)
63. guess what, 'nilla? we don't live in a courtroom. people are perfectly free to come to their own
Sat Nov 22, 2014, 01:22 PM
Nov 2014

conclusions based on what these women are saying? don't like that? too bad. that's the way it is.

 

VanillaRhapsody

(21,115 posts)
66. Guess what Cal....that is the proverbial "court of public opinion" but in REAL life....
Sat Nov 22, 2014, 01:24 PM
Nov 2014

he is considered innocent until proven guilty....that is the American WAY! Isn't that what Democrats are SUPPOSED to defend?

 

VanillaRhapsody

(21,115 posts)
71. Yes in reality....its a fundamental right
Sat Nov 22, 2014, 01:27 PM
Nov 2014

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)
74. Nothing there about how American people think
Sat Nov 22, 2014, 01:34 PM
Nov 2014

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)
80. But there is about how the Court of Human Rights thinks...
Sat Nov 22, 2014, 01:49 PM
Nov 2014

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)
82. And the context of that is penal offences
Sat Nov 22, 2014, 01:52 PM
Nov 2014

"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.

muriel_volestrangler

(101,322 posts)
90. Then why didn't you reply to someone calling him guilty, rather than someone
Sat Nov 22, 2014, 02:10 PM
Nov 2014

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)
91. Its the same....Jeffery Dahmer had HEADS in the fridge...he STILL got a fair trail with the
Sat Nov 22, 2014, 02:11 PM
Nov 2014

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!

 

VanillaRhapsody

(21,115 posts)
95. that doesn't equal guilt....still not the same....
Sat Nov 22, 2014, 02:14 PM
Nov 2014

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)
96. Then why didn't you reply to someone calling him guilty, rather than someone
Sat Nov 22, 2014, 02:17 PM
Nov 2014

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)
97. this has nothing to do with Jimmy Savile or Jeffery Dahmer.....
Sat Nov 22, 2014, 02:18 PM
Nov 2014
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)
98. YOU brought up Jeffery Dahmer. delrem brought up Jimmy Savile.
Sat Nov 22, 2014, 02:20 PM
Nov 2014

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)
102. YES because Jeffery Dahmer had actual heads in his refridgerator.....
Sat Nov 22, 2014, 02:24 PM
Nov 2014

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)
140. So what?
Sat Nov 22, 2014, 05:48 PM
Nov 2014

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.
 

Warren Stupidity

(48,181 posts)
78. That right protects the individual from the state, not from public opinion.
Sat Nov 22, 2014, 01:48 PM
Nov 2014

Cosby will have all the justice money can buy, just like other rich sick fucks.

 

VanillaRhapsody

(21,115 posts)
81. Right and he will suffer from that....but there will not be a trial....and no resolution to this...
Sat Nov 22, 2014, 01:50 PM
Nov 2014

statute of limitations ran out.

 

Warren Stupidity

(48,181 posts)
84. then there is no problem at all from a human rights perspective.
Sat Nov 22, 2014, 01:54 PM
Nov 2014

So do continue with your irrelevant defense of this twisted sick manipulative shithead.

 

VanillaRhapsody

(21,115 posts)
85. I am not defending him....I am saying....he will never be found guilty in a court of law
Sat Nov 22, 2014, 01:56 PM
Nov 2014

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.

 

VanillaRhapsody

(21,115 posts)
89. he was not found guilty....
Sat Nov 22, 2014, 02:00 PM
Nov 2014

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)
86. bzzzt. fail, 'nils. that's true in the legal arena- which is no more real life than
Sat Nov 22, 2014, 01:58 PM
Nov 2014

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)
88. bzzzt Fail Ca
Sat Nov 22, 2014, 01:59 PM
Nov 2014

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)
92. in a court of law. the court of public opinion is perfectly free to judge.
Sat Nov 22, 2014, 02:11 PM
Nov 2014

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)
93. The court of public opinion is a Kangaroo court...he is not going to get to present a defense...
Sat Nov 22, 2014, 02:13 PM
Nov 2014

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!

 

VanillaRhapsody

(21,115 posts)
100. huh? Who is Wilson?
Sat Nov 22, 2014, 02:22 PM
Nov 2014

You always try this stupid tactic and it never works....


"but but but you said...."

 

cali

(114,904 posts)
104. uh, the numerous threads about the cop who killed Michael Brown
Sat Nov 22, 2014, 02:28 PM
Nov 2014

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)
105. I said what?
Sat Nov 22, 2014, 02:30 PM
Nov 2014

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)
114. In "real life" he has suffered none of the consequences
Sat Nov 22, 2014, 03:15 PM
Nov 2014

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)
115. Well he has lost a couple jobs so far....
Sat Nov 22, 2014, 03:43 PM
Nov 2014

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)
118. Cosby has not been denied the right to a fair trial
Sat Nov 22, 2014, 04:59 PM
Nov 2014

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.

 

skepticscott

(13,029 posts)
141. Yes, that happens when you coerce victims not to brings charges
Sat Nov 22, 2014, 05:48 PM
Nov 2014

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)
119. oh for fuck's sake. this isn't rocket science, 'nilla. Due process is a legal precept
Sat Nov 22, 2014, 05:04 PM
Nov 2014

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)
128. Oh for fucks sake yourself.....
Sat Nov 22, 2014, 05:27 PM
Nov 2014

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)
131. lol. "COURT of LAW... it's the law of the land"
Sat Nov 22, 2014, 05:30 PM
Nov 2014

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.

 

cali

(114,904 posts)
136. OK. One more time- again:
Sat Nov 22, 2014, 05:35 PM
Nov 2014

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)
138. One more time for you...WE are a NATiON of LAWS!
Sat Nov 22, 2014, 05:38 PM
Nov 2014

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)
68. Neither a Florida theater nor DU are a court of law
Sat Nov 22, 2014, 01:25 PM
Nov 2014

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)
69. Do you have a problem with someone stating facts?
Sat Nov 22, 2014, 01:26 PM
Nov 2014


and those standards are the American way....people fight and die for them

muriel_volestrangler

(101,322 posts)
75. Do *you* have a problem with someone stating facts?
Sat Nov 22, 2014, 01:35 PM
Nov 2014

I stated some facts about Savile, and you start wittering on about 'the American way'.

 

VanillaRhapsody

(21,115 posts)
76. the presumption of innocence IS a fundamental Right.....AND the The American way....
Sat Nov 22, 2014, 01:37 PM
Nov 2014

It DOES mean that some guilty will walk...

 

cali

(114,904 posts)
121. ONLY IN A COURTROOM. PERIOD> FUCKING EXCLAMATION MARK
Sat Nov 22, 2014, 05:07 PM
Nov 2014

that's the only place the presumption of innocence is required. Not on DU, nilly.

 

VanillaRhapsody

(21,115 posts)
124. I THOUGHT we were the SCIENCE and EVIDENCE people.....
Sat Nov 22, 2014, 05:25 PM
Nov 2014

Presumption of Climate Change...or evidence of it? Presumption of Gravity...or the Theory of Gravity?

 

cali

(114,904 posts)
127. well that was even more nonsensical than the rest of your ridiculous posts in this thread
Sat Nov 22, 2014, 05:27 PM
Nov 2014

congrats, 'nilla. that's quite an accomplishment.



Wait. that post deserves another

 

VanillaRhapsody

(21,115 posts)
130. Except for the fact that i provided FACTS....and you are denying them like Climate Change deniers...
Sat Nov 22, 2014, 05:30 PM
Nov 2014

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)
134. one more time, just for you- and in very simple language for you:
Sat Nov 22, 2014, 05:33 PM
Nov 2014

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)
135. One more time for YOU...
Sat Nov 22, 2014, 05:34 PM
Nov 2014

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)
142. "We are a nation of LAWS.....that is what we are!!! "
Sat Nov 22, 2014, 06:07 PM
Nov 2014

Except of course when we aren't. LOL You're argument is ridiculous in this context.

 

VanillaRhapsody

(21,115 posts)
143. we aren't?
Sat Nov 22, 2014, 06:12 PM
Nov 2014

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)
146. Sweet Jesus - are
Sat Nov 22, 2014, 06:49 PM
Nov 2014

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)
148. Sweet Jesus are YOU?
Sat Nov 22, 2014, 06:58 PM
Nov 2014

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)
159. The only concrete fact that you presented
Mon Nov 24, 2014, 11:56 PM
Nov 2014

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)
77. As I said...and it is not JUST the American way...
Sat Nov 22, 2014, 01:37 PM
Nov 2014
http://en.wikipedia.org/wiki/Presumption_of_innocence

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.
 

VanillaRhapsody

(21,115 posts)
125. I JUST gave you facts...as I OFTEN do.....you can deny "science" all you want!!!!
Sat Nov 22, 2014, 05:26 PM
Nov 2014

thats what Climate Change Deniers do too...

 

cali

(114,904 posts)
129. bwahahahah. you just keep getting funnier and funnier.
Sat Nov 22, 2014, 05:29 PM
Nov 2014

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)
132. No you just keep denying the obvious....
Sat Nov 22, 2014, 05:31 PM
Nov 2014
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.


Perhaps you would prefer the latter?
 

cali

(114,904 posts)
137. do you realize, 'nilla, that no one in this thread agrees with your
Sat Nov 22, 2014, 05:37 PM
Nov 2014

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)
155. The presumption of innocence only applies in a CRIMINAL COURTROOM.
Mon Nov 24, 2014, 08:45 PM
Nov 2014

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)
160. Recall who you are debating with.
Mon Nov 24, 2014, 11:58 PM
Nov 2014

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)
161. Oh really?
Mon Nov 24, 2014, 11:59 PM
Nov 2014

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)
162. Factually and legally are two different things.
Tue Nov 25, 2014, 12:10 AM
Nov 2014

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.

Generic Other

(28,979 posts)
171. Using Vanilla logic...
Tue Nov 25, 2014, 10:51 AM
Nov 2014

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?



 

bowens43

(16,064 posts)
152. do you really think that would have made a difference to the assholes in FL if he had been convicted
Mon Nov 24, 2014, 08:30 PM
Nov 2014

smiley

(1,432 posts)
20. looking over the comments to this post...
Sat Nov 22, 2014, 09:44 AM
Nov 2014

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)
24. "What are the odds that 13 different women from different backgrounds who have very similar and"
Sat Nov 22, 2014, 09:50 AM
Nov 2014
specific stories about being drugged and then raped are all lying about it? Pretty low odds. For their stories to NOT be true would take a lot of intense coordination and planning among complete strangers.

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)
27. Stop making sense. The deniers on here are amazing.
Sat Nov 22, 2014, 09:59 AM
Nov 2014

Oh, and by the way, OJ didn't kill anyone either. Damn media.

elias7

(4,012 posts)
47. You are mischaracterizing. They are not deniers, they are reserving judgment until more is known.
Sat Nov 22, 2014, 10:28 AM
Nov 2014

Why do you castigate that mindset?

IronLionZion

(45,466 posts)
53. DUers like to be judge, jury, and executioner
Sat Nov 22, 2014, 10:48 AM
Nov 2014

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)
62. We are none of the above. Consequently when a sick fuck like Cosby gets exposed
Sat Nov 22, 2014, 01:21 PM
Nov 2014

as a sick fuck, we do not have to act like judges, juries, or executioners.

Dorian Gray

(13,496 posts)
158. Seriously
Mon Nov 24, 2014, 10:31 PM
Nov 2014

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)
57. He setttled earlier suits. This has been going on for years. All the women with very stories.
Sat Nov 22, 2014, 11:11 AM
Nov 2014

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)
149. I'm not denying anything
Mon Nov 24, 2014, 08:23 PM
Nov 2014

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.

 

jtuck004

(15,882 posts)
45. "Just doesn't seem like the liberal thing to do." < I have heard this somewhere before... n/t
Sat Nov 22, 2014, 10:24 AM
Nov 2014

CaptainTruth

(6,594 posts)
33. So those accusations are just nonsense,
Sat Nov 22, 2014, 10:08 AM
Nov 2014

But people believe Iraq had WMDs, the ACA will destroy the economy, & Obama is a tyrant.

jalan48

(13,873 posts)
34. Some People Don't Like Change
Sat Nov 22, 2014, 10:09 AM
Nov 2014

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)
43. I think you make a good point
Sat Nov 22, 2014, 10:21 AM
Nov 2014

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)
59. GREAT post. Four lines of copy sum it all up.
Sat Nov 22, 2014, 11:16 AM
Nov 2014

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.

Stellar

(5,644 posts)
49. So...was he actually guilty of sexually assaulting all of those women....
Sat Nov 22, 2014, 10:33 AM
Nov 2014

or was it just hear-say? He never said anything much about it, yet.

Don Draper

(187 posts)
51. All of the right wing evangelical christians I know are convinced that Cosby is 100%
Sat Nov 22, 2014, 10:39 AM
Nov 2014

innocent of these accusations. Further proof that this demographic are incapable of looking at objective reality.

 

skepticscott

(13,029 posts)
54. This is a very ugly conflation
Sat Nov 22, 2014, 10:48 AM
Nov 2014

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)
64. I think the psychological phenomenon you delineate here (quite nicely, I might add) is
Sat Nov 22, 2014, 01:23 PM
Nov 2014

what psychologists call 'cognitive dissonance':

n psychology, cognitive dissonance is the mental stress or discomfort experienced by an individual who holds two or more contradictory beliefs, ideas, or values at the same time, or is confronted by new information that conflicts with existing beliefs, ideas, or values.[


http://en.wikipedia.org/wiki/Cognitive_dissonance

truedelphi

(32,324 posts)
145. I guess there are enough people here who
Sat Nov 22, 2014, 06:19 PM
Nov 2014

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)
173. It's weird, isn't it?
Wed Nov 26, 2014, 05:01 PM
Nov 2014

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)
174. I admit to having had mixed feelings about Allen, I really wanted to believe he wasnt
Thu Nov 27, 2014, 12:49 AM
Nov 2014

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)
175. I have to say, if 16 people had made the accusation, I'd find it pretty damn impossible to question.
Thu Nov 27, 2014, 01:23 AM
Nov 2014

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)
103. you know what is sad- it would probably take one man to spill the beans and suddenly we would see
Sat Nov 22, 2014, 02:24 PM
Nov 2014

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)
110. It wasn't until male comedian Hannibal Burress called Cosby a rapist that
Sat Nov 22, 2014, 02:49 PM
Nov 2014

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)
111. Yep- a man takes it seriously, and all of a sudden- maybe they are not all "nuts and sluts".
Sat Nov 22, 2014, 02:55 PM
Nov 2014

Great point!

 

Adenoid_Hynkel

(14,093 posts)
113. They were people who were already big enough fans to buy a ticket in the first place
Sat Nov 22, 2014, 03:06 PM
Nov 2014

not a representative sample of public opinion.

Dreamer Tatum

(10,926 posts)
150. People held up signs that read "Go OJ Go!"
Mon Nov 24, 2014, 08:27 PM
Nov 2014

and Michael Jackson had his supporters.

Women offer to marry Scott Peterson.

People are silly. Let it go.

 

bigwillq

(72,790 posts)
153. Glad we live in a country where folks are free to do that.
Mon Nov 24, 2014, 08:33 PM
Nov 2014

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)
177. Your Last Line explains it
Thu Nov 27, 2014, 12:01 PM
Nov 2014

If you haven't actually been charged with a crime in this country, you'll have plenty of supporters.

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