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-   -   They can't really be serious...can they? (http://cellar.org/showthread.php?t=11008)

9th Engineer 06-13-2006 09:27 PM

They can't really be serious...can they?
 
This is the first time I've thought that someone at howstuffworks.com is completely off their rocker. I just can't figure out what would promt this logic no matter what angle I look at it from.

http://www.howstuffworks.com/dna-evi...ions-index.htm

rkzenrage 06-13-2006 09:36 PM

Someone has been hitting the sauce.

xoxoxoBruce 06-14-2006 04:19 PM

Do Not Adjudicate. :rolleyes:

wolf 06-14-2006 04:29 PM

DNA is far from being the end all and be all of jurisprudence that CSI wants us to think it is every week ... justification defenses and "If the glove don't fit, you must acquit" are what drive the process.

xoxoxoBruce 06-15-2006 04:54 PM

I thought it was money that drives the process. ;)

footfootfoot 06-15-2006 07:32 PM

I've never held out much hope for the intellect of my peers. Rahter like not accepting membership at any club that would have me as a member.

A friend of mine who is a lawyer (an environmental lawyer, if that makes a difference) once told me "you don't ever want to get in the criminal justice system" It is all about deals and who knows whom and who needs a favor from whom.

marichiko 06-15-2006 08:40 PM

DNA Dude is off his wonkers. DNA evidence ain't that hard to understand. I bet even I could explain it to people with no background in biology - unless, of course, it was the god created the fossils crowd. PFFFFFT!

Footx3, your lawyer friend is damn straight that no one should get involved in the CJ system - ESPECIALLY if all you can get is a public defender. PD's are hoping for jobs in the DA's office, or, at the very least, admittance to the old boy's club where pleas are made over a drink of scotch at a snazzy watering hole on the way home from work. :mad:

Kitsune 06-16-2006 09:52 AM

Quote:

Originally Posted by wolf
DNA is far from being the end all and be all of jurisprudence that CSI wants us to think it is every week ... justification defenses and "If the glove don't fit, you must acquit" are what drive the process.

This has become quite a problem.

Quote:

"Jurors now expect us to have a DNA test for just about every case," laments Oregon District Attorney Josh Marquis. "They expect us to have the most advanced technology possible, and they expect it to look like it does on television."
Quote:

And in a big city like Baltimore, prosecutors blamed "The CSI Effect" when jurors acquitted a man of murder, even though were two eyewitnesses. "Not even first degree, second degree, third degree, nothing, and they shot my husband," cried Patricia Peterson, the victim's wife.
It's just TV, folks! Fiction!

barefoot serpent 06-16-2006 02:17 PM

just remember that the average IQ of the jury of your peers is


100.

Kitsune 06-16-2006 02:20 PM

Quote:

Originally Posted by barefoot serpent
just remember that the average IQ of the jury of your peers is 100.

Yes, however, according to every parent I've ever spoken to, we are in luck: their children are above average. :3eye:

xoxoxoBruce 06-17-2006 06:59 AM

While I don't doubt the parents assesment, by the time the kids are eligible for jury duty, they've been dumbed down considerably.:rolleyes:

skysidhe 06-17-2006 09:28 AM

Quote:

Originally Posted by barefoot serpent
just remember that the average IQ of the jury of your peers is


100.

well fortunatly most people with average IQs are less rigid thinkers or more down to earth thinkers than some with higher IQs. I think it just depends on breeeeding. Home life ect.

I know I said breeding. I am not a snob just sleep deprived.





Quote:

Originally Posted by Kitsune
This has become quite a problem.



It's just TV, folks! Fiction!

My opinion about the american justice system.

I wish the people like the guy in the article would stop whining and just do their job or stop whinning and get more funding. Do something besides whining how the american public wants them to work smarter. Actually think and figure things out. ' oh ouch' for them. I think if the expectation has risin the bar then yay. Our elected officials need to stop eating so many donuts. Anyway.

richlevy 06-17-2006 10:09 AM

Quote:

"Jurors now expect us to have a DNA test for just about every case," laments Oregon District Attorney Josh Marquis. "They expect us to have the most advanced technology possible, and they expect it to look like it does on television."
Of course, considering how many people the Innocence Project has freed with DNA evidence years or decades after conviction, holding out for DNA evidence before you sentence someone to death or life in prison might no be a bad minimum standard.

If I had a crystal ball and 50 million dollars, I could hire Robert Blake's lawyer for every innocent defendent. Barring that, I think that jurors wanting more evidence before convicting someone is not a bad thing, considering how little 'reasonable doubt' was applied to some of the convictions the Innocence Project overturned.

Yes, you are probably not going to have blood spatter and gun residue on a suspect two days later. This might mean that the suspect has had time to shower and dispose of the clothes worn during the crime, or it might mean that the person is innocent.

I want law and order as much as anyone, even Maggie. I also want justice, which can sometime be different. The fact is, unless the defendents are rich, they rely on public defenders, and the prosecutors, for all of their claims about funding, usually are better staffed and funded than the public defenders. So if they have to work at it a little harder to make sure that the cops picked the right guy, that's not necessarily a bad thing.

See preponderance of the evidence.

Quote:

preponderance of the evidence is required in a civil case and is contrasted with "beyond a reasonable doubt," which is the more severe test of evidence required to convict in a criminal trial.
We have a weaker test in civil cases than in criminal cases for a reason. If a civil case is later found to be wrong, it's easier to give someone their money back than their life back.

While the ease with which the CSI television people are able to collect their evidence is probably not true to life, the methods of collection and types of evidence available are real. So if a jury wants to know why a defendent picked up 30 minutes after a gun crime doesn't have any gun residue, I am very happy for that, because probably many public defenders might not bring up the point, even though they should have.

tw 06-17-2006 12:14 PM

Quote:

Originally Posted by Kitsune
It's just TV, folks! Fiction!

Well let's examine the deductive powers of everyone here. Everyone was on a murder trial once. It was called Saddam's WMDs. They did not exist. Facts that said WMDs existence were in some cases nothing but speculation and in other cases outright and bogus lies. Accusations for WMDs were "they should exist, therefore they must exist". How many here had sufficient deductive powers to immediately see through that spin? And welcome to the jury.

Those who were seeking irrefutable facts also got 'big eyes' when details from places such as the advanced physics labs said those aluminum tubes could not be used for WMDs. Well published fact back then. So why was it ignored? Emotion is sufficient for logical deduction? It does not mate properly with your emotional perspective; so it was ignored? Yes. Many do not take a realists attitude. They feel - like a Barbara Walters or Oprah Winfrey - rather than demand specific facts. Does that sound like an OJ jury?

People who decide by 'feeling' can be convinced that Jews are the dirty vermin who created Germany's woes. It’s that easy when so many use and an English major's or an Oprah Winfrey analysis. They cannot put facts together in a jigsaw puzzle of reality. They even run about Europe looking for evidence of the DaVince Code. Even though they admit it was only fiction, their need to think emotionally has them looking for a ‘DaVince Code’ reality.

Insufficient grasp explains why so many like and read so much fiction. Reality violated by a bad story and the illogical does not bother them. They must have DNA because they cannot make rational and deductive reasoning.

Michael Crichton discovered the problem when submitting work to an English professor in Harvard. Rather than be judged on facts, consistency, and logic, Crichton was apparently criticized for things that don't matter such as sentence structure, grammar, and the biases of his grader. So frustrated was he as to submit an
Quote:

essay by George Orwell as his own. The professor doesn't catch the plagiarism and gives Orwell a B-. This experience convinces Crichton to change his field of study
Crichton's grammar and sentence structure was so bad as to become a wealthy author of Jurassic Park and many other best selling novels.

But then he was submitting work to an English professional - one from a field more interested in feelings rather than in reality, the 'irrefutable fact', and deductive reasoning.

Again, how would you have done on a murder trial jury? You were on one. Did you have sufficient grasp to see through outright and intentional lies from a president? Why not? There was no smoking gun. There was insufficient evidence to condemn 98,000 Iraqis to death. Remember, I called it a murder trial. We Americans created the death of 98,000+ Iraqis in less than two years because “we knew Saddam must have WMDs". How many of us here in The Cellar were so easily manipulated by emotional hype when I can personally assure you that the facts were also provided here. How many here knew "Saddam has WMDs only because he should have WMDs"? Now how often does such spin and lie become a jury verdict?

Everyone reading this was on that jury. Were you guilty of not separating fact from emotion? 70% of us demonstrated such great mental deficiency as to advocate the Pearl Harboring of Iraq. And yes, it was just as despicable as what Japan did in Hawaii. Welcome to the jury. How did you do when faced with ‘following the evidence’? CSI is fiction. But CSI demonstrates how to think logically rather than emotionally. Too many – like a Harvard English professor - just don’t get it. Instead we want to see DNA? Instead we miss the point? Another question that begs "do we think using logic or think using emotional perceptions"?

xoxoxoBruce 06-17-2006 11:21 PM

To the pitchforks!
Light the torches!
Bring a rope!
:corn:

9th Engineer 06-18-2006 02:33 PM

Did you have to bring the Bush administration into this?? As much as I like incompetance uncovered this is now beating a dead horse. Relevence is key, the Chrichton stuff was interesting.

xoxoxoBruce 06-18-2006 03:50 PM

Any written work you submit the an English professor/teacher, must pass the sentence structure/grammar/spelling test, before facts, consistency, and logic even enter the equasion.
It doesn't matter if they are teaching a course in creative writing, business report writing or kids birthday party name-tag writing, the English basics come first.
They can't help it, it's the nature of the beast. We've even seen it here on this board. :lol:


But yeah, it's W's fault.

tw 06-18-2006 10:05 PM

Quote:

Originally Posted by 9th Engineer
Did you have to bring the Bush administration into this?? As much as I like incompetance uncovered this is now beating a dead horse.

Show me anywhere else that everyone here was on the jury. Everyone had the facts. The details such as Niger uranium was out there in detail. And yet how many bothered to see the details - and therefore see the lie? How many ignored those details because facts disagreed with their emotional biases (which were raging in years after 11 September).

BTW, from here on, any reference to the Mission Accomplished war is due to a President Washington - to make your emotions happy. I don't care if that president is my brother. We are discussing facts which means emotions about a dead horse is illogical. The Mission Accomplished war is a perfect example of how juries should and might make decisions.

Therein lies the example. Everyone was on a jury that decided the lives of 98,000+ Iraqis and thousands of Americans, and .... well what did the jury decide? Why did the jury decide that WMD threats existed? Its called learning from mistakes - as everyone reading this should have done from Vietnam and other lessons in history.

tw 06-18-2006 10:08 PM

Quote:

Originally Posted by xoxoxoBruce
Any written work you submit the an English professor/teacher, must pass the sentence structure/grammar/spelling test, before facts, consistency, and logic even enter the equasion.

Well look at how bad his grammar/structure/spelling was. Clearly his writing style is unreadable.

tw 06-19-2006 07:50 PM

Quote:

Originally Posted by 9th Engineer
Did you have to bring the Bush administration into this?? As much as I like incompetance uncovered this is now beating a dead horse. Relevence is key, ...

Americans who cannot think like a responsible jury are why this happens. I consider one who does not raise his intelligence (intelligence is earned; not inherited) - to therefore be a responsible member of any jury - instead a classic example of an anti-American.

Two names who are victims of a national jury that does not do its job: Pfc. Kristian Menchaca and Pfc. Thomas L. Tucker. A responsible American cannot for one minute ignore massive number of murders because we ignore facts.

This jury is still empowered. This national jury should be thinking as defined by my above definition of a patriotic American. We have two choices - so that future Menchaca and Tuckers do not happen. Either give the military what it needs - 500,000 troops - or a strategic objective to get out. Hard nose, unemotional thought process – and still some will not act as a responsible jury.

My point is why so many cannot make a decision without anything less than DNA evidence. Too many have an Oprah Winfrey, Jerry Springer, Rush Limbaugh perspective of life. A most common symptom is that they know - and yet don't know why. They don't ask nor demand the irrefutable facts. They instead use only emotion - feelings - to make a decision. And so we have more victims of a jury that will not make hard decisions: Menchaca and Tucker.

Do we need DNA before we acknowledge what the military needs? Yes. Unfortunately, too many don't know how to dig for the irrefutable fact. Instead a 'glove does not fit' becomes their entire replacement for hardnosed facts.

We have other examples. The Super Collider that does not exist and has long been desperately needed. ISS that does no science. The so many earth science experiments quashed because a president wants to put a man on Mars - for personal glory. The Challenger - where every engineer said don't launch. Columbia where a flight director could not even bother to learn why so many requests for information were being made by engineers. Or hype about someone jumping on Oprah's couch. Total nonsense to those who first demand facts and relevance. Examples of why juries might reject the testimony of two eyewitnesses to a murder only because no DNA evidence was presented.

And so because a national jury will not make a decision, two more victims: Menchaca and Tucker.

BTW, why do I list Menchaca and Tucker? Because some cannot see the blunt point I am making. So I give them something emotional to work with: Menchaca and Tucker. The inverse of a Catch 22?

rkzenrage 06-22-2006 04:12 PM

I knew there were no WMDs... it was not hard, they never showed them.
It was all lies, smoke and mirrors. We knew he had them (past tense) because we were the ones who gave them to him, so him having them should have not been that big of a deal anyway.
http://mindprod.com/politics/iraqlies.html#LIES
We don't use DNA the way we should as it is, when a college in the Midwest used it to prove the innocence of men on death row they were told to stop and no college has been allowed to do so since. The government wants to murder innocent people.

I was turned down for jury duty because I had opinions and was well informed, they don't want people who read and have minds of their own.

tw 06-23-2006 01:43 AM

Scientific American of July 2006 adds data:
Quote:

Several legal experts have argued, however, that the CSI effect may be illusory. The newspaper that quoted Atlantic City lawyer Levin also noted that Superior Court Judge Albert Garofolo said, "My initial reaction might have been 'Yes, there is a CSI effect." But I think this may be more of a suspicion than anything else. There's a feeling this could be real, but in truth I can't recall a situation where I've heard a jury say they were expecting more." ...

What appears to be the first study of the CSI effect was published in February by Kimberlianne Podlas, an attorney and assistant professor of media law and ethics at the Universtiry of North Carolina at Greensboro. Podlas concluded that the chances of, and reasoning for, acquittals were the same for frequent CSI viewers as for prospective jurors who did not watch the show - she saw no CSI effect. Several participants, however, said that a lack of forensic testing was an issue, despite the fact that physical evidence would not have resolved the hypothetical charges. Studies of real juries have been advocated, and at least five graduate students (three in the US and two in England) are preparing theses examining the effect.


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