Jerry Sandusky sentenced to at least 30 years

[Tampa_Dave]

Not with the charges facing Sandusky. Not even his high-profile lawyer could save the guy- and when Jerry essentially admitted to “loving kids” on national TV- not good for him.

But I agree that justice can be fickle- especially for minorities and for those who can’t afford good representation.

I’m sure that Tampa Dave has seen some pretty incompetent defense attorneys in his time.

And incompetent prosecutors. I once saw a prosecutor object to his own co-counsel’s question before the witness could respond (a mistrial was at stake). Defense counsel jumped up from his chair and asked the judge whether he could do that. The judge laughed (along with most of the gallery), shook his head, but sustained the objection made by the senior prosecutor over his colleague’s question. The trial moved forward.

I’ve also seen very incompetent defense attorneys. Some walk into trial wholly unprepared. Others fail to conduct proper investigations, call critical witnesses, employ suitable expert witnesses, file timely and appropriate motions. The list goes on.

Then, you have very good defense attorneys and prosecutors who simply make bad mistakes now and then. I’m sure I’ve had my share over the past few decades.

 

[ringil]

I don’t know.

But it appears he abandoned his family long ago.

I have wondered something. . . . . .

I watch a lot of crime shows- I know low brow- anyway. . . .

SO ALL the time we’ve got these guys- or gals who are so obviously guilty but invariably their children will think that they are guilty, even i the case where one parent kills the other.

Do some folks do this in order to not lose inheritance? Can an individual convicted of a murder, who may be a millionaire- retain their money in some way.

 

[Rich_Olszewski]

Do some folks do this in order to not lose inheritance?

An ordinary inheritance is not affected by a criminal conviction.

Can an individual convicted of a murder, who may be a millionaire- retain their money in some way.

Yes. If the conviction wasn’t connected with one’s bank account. Of course, if there were fines in connection with the conviction, that would drain that much away.

 

[Tampa_Dave]

Sandusky was high profile and prosecutors HAD to go after him with everything they had. Most cases of child abuse are swept under the rug and few are ever prosecuted.

It’s common everywhere. While CPS claim that victim’s identities are kept secret to “protect” the children it plays directly into protecting the perpetrator too.

kansascity.com/2012/10/06/3851469/secrecy-shrouds-the-case-of-girl.html

Even this case as high profile as it has become the actions of the CPS are kept secret.

Preparing for a trial with child witnesses in any case is difficult. Pedophilia cases are exceptionally traumatic for the victims and their families. You have no idea how trying it is for all people involved. Plea bargains are not uncommon to save children from the entire courtroom experience.

 

[Rich_Olszewski]

Preparing for a trial with child witnesses in any case is difficult. Pedophilia cases are exceptionally traumatic for the victims and their families. You have no idea how trying it is for all people involved. Plea bargains are not uncommon to save children from the entire courtroom experience.

You also get defendants whose attorneys want to put the child on the stand or to have them testify otherwise. Aimed ostensibly “to face one’s accuser,” but in reality to put the kid through a cross-examination that would likely be traumatic for him or her, thus encouraging the prosecution to be more amenable to a plea bargain.

 

[Tampa_Dave]

You also get defendants whose attorneys want to put the child on the stand or to have them testify otherwise. Aimed ostensibly “to face one’s accuser,” but in reality to put the kid through a cross-examination that would likely be traumatic for him or her, thus encouraging the prosecution to be more amenable to a plea bargain.

You have to be careful as a defense attorney when you cross-examine a child Jurors will not tolerate a rough cross-examination on a child witness (or their parents). Of course, the degree of flexibility in cross-examination rises with the child’s age. On the other hand, jurors give defense attorney’s much wider latitude in rape cases where the prosecutor’s evidence is iffy, particularly where consent is at issue. As expected, I’ve lost many cases as a defense attorney over the years, but I’ve never lost a rape case. As a former prosecutor, I never lost a rape case at trial but, admittedly, I entered plea bargains with defendants in multiple cases. Tough cases.

 

[april32010]

Does anyone know if he’s a Catholic? With a good confession to include solid contrition, and life amendment, he can find comfort in being in God’s good graces again. Though Purgatory awaits in any case.

methodist

 

[ringil]

An ordinary inheritance is not affected by a criminal conviction.

Yes. If the conviction wasn’t connected with one’s bank account. Of course, if there were fines in connection with the conviction, that would drain that much away.

Well, in that, I have the explanation why the family of wealthy individuals who are obviously guilty of grievous crimes stick by them.

It’s sad how powerful money can be for some people.

 

[Rich_Olszewski]

You have to be careful as a defense attorney when you cross-examine a child Jurors will not tolerate a rough cross-examination on a child witness (or their parents). Of course, the degree of flexibility in cross-examination rises with the child’s age. On the other hand, jurors give defense attorney’s much wider latitude in rape cases where the prosecutor’s evidence is iffy, particularly where consent is at issue. As expected, I’ve lost many cases as a defense attorney over the years, but I’ve never lost a rape case. As a former prosecutor, I never lost a rape case at trial but, admittedly, I entered plea bargains with defendants in multiple cases. Tough cases.

Hard on defense and prosecuting attorneys both. I’ve never defended but two-bit perps who were glad if I could do anything to keep them out of jail or get a reduced sentence. Not especially difficult to do at that non-violent level of crime.

 

[Rich_Olszewski]

It’s sad how powerful money can be for some people.

For some ?

 

[ringil]

For some ?

As lawyers you guys have seen some ugly things related to money and as a therapist I have seen some ugly stuff as well.

Sometimes it can be very difficult to have “unconditional positive regard” for a client.

 

[Tampa_Dave]

Hard on defense and prosecuting attorneys both. I’ve never defended but two-bit perps who were glad if I could do anything to keep them out of jail or get a reduced sentence. Not especially difficult to do at that non-violent level of crime.

Its a job, Rich. I like the competition engendered by a good trial. Unless, of course, my case is absolutely pathetic. If you can’t argue the facts, argue the law. If you can’t argue the law, pound the table and pray.

 

[Rich_Olszewski]

Its a job, Rich. I like the competition engendered by a good trial. Unless, of course, my case is absolutely pathetic. If you can’t argue the facts, argue the law. If you can’t argue the law, pound the table and pray.

They taught that at your law school, too, eh?

 

[Tampa_Dave]

They taught that at your law school, too, eh?

Whenever I showed up for class!

 

[Rich_Olszewski]

Whenever I showed up for class!

there were courses I hated, too. Gas and Oil, e.g.

 

[SamH]

Yes. If the conviction wasn’t connected with one’s bank account. Of course, if there were fines in connection with the conviction, that would drain that much away.

Or in this case the civil lawsuits that are in process.

 

[LilyM]

Its a job, Rich. I like the competition engendered by a good trial. Unless, of course, my case is absolutely pathetic. If you can’t argue the facts, argue the law. If you can’t argue the law, pound the table and pray.

too true

 

[JimG]

Now that this sad case is concluded, it might be a time to give some thought to those instances in which people have been wrongly sent to prison for crimes of child sex abuse of which they are entirely innocent. I recommend Dorothy Rabinowitz’s book in this regard.

 

[Tampa_Dave]

Now that this sad case is concluded, it might be a time to give some thought to those instances in which people have been wrongly sent to prison for crimes of child sex abuse of which they are entirely innocent. I recommend Dorothy Rabinowitz’s book in this regard.

One of the major reasons that keep me going as a defense lawyer: the protection of innocent people. It happens more often than you think. And the satisfaction of winning such a case, or getting the prosecution to drop a bad case, is great. A huge sense of accomplishment and relief.

 

[Cider]

Now that this sad case is concluded, it might be a time to give some thought to those instances in which people have been wrongly sent to prison for crimes of child sex abuse of which they are entirely innocent. I recommend Dorothy Rabinowitz’s book in this regard.

I’m not sure how the two are related?