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Re: Crime & Justice
[Re: olivant]
#767425
03/11/14 02:25 PM
03/11/14 02:25 PM
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Joined: Apr 2002
Posts: 25,984 California
The Italian Stallionette
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Joined: Apr 2002
Posts: 25,984
California
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Kly, also.... Speaking of the 5th amendment, also Bridgette Kelly, Chris Christie's deputy chief of staff was in court today regarding BridgeGate and claiming the 5th on e-mails, docs, etc. Judge is going to go over the docs (could take some time). What are the odds that judge rules with Kelley? AND if so, what then, it's just dropped? TIS
"Mankind must put an end to war before war puts an end to mankind. War will exist until that distant day when the conscientious objector enjoys the same reputation and prestige that the warrior does today." JFK
"War is over, if you want it" - John Lennon
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Re: Crime & Justice
[Re: olivant]
#767427
03/11/14 02:43 PM
03/11/14 02:43 PM
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Joined: Apr 2006
Posts: 11,797 Pennsylvania
klydon1
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Joined: Apr 2006
Posts: 11,797
Pennsylvania
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Kly, during her testimony before the US House's government oversight committee, Lois Lerner claimed her 5th amendment protection. However, other than by a grant of immunity, can 5th amendment protection ever be overcome? Also, does the 5th's protection extend to one's house's, papers, and effects as stated in the 4th amendment? Answer to question #1 is yes. A witness may be compelled to testify despite a Fifth Amendment invocation if it is court ordered, which is rare, and happens in administrative, governmental hearings. If a witness testifies to a certain matter, and then seeks the protection of the Fifth, she may still be cross-examined within the strict boundaries of her former testimony. However, under Kastigar (I forget the year), compelled testimony may not be used in a subsequent proceeding/trial over the defendant's guilt. And the prosecution in the subsequent trial has an onerous burden of establishing before the court that the evidence is entirely from evidence, independent from the compelled testimony in the former proceeding. This is the basis, on which Ollie North's criminal conviction was overturned: the prosecution could not meet its burden on appeal proving that the evidence against him did not result directly or indirectly from the former compelled testimony. The Fifth's privilege does not extend to physical evidence, such as papers, emails, personal effects, etc. as those are determined by the Fourth and Fourteenth. Similarly, a person can not seek Fifth Amendment protection from the results of a blood test.
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Re: Crime & Justice
[Re: olivant]
#767538
03/12/14 05:12 AM
03/12/14 05:12 AM
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Joined: Jan 2008
Posts: 5,325 MI
Lilo
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Joined: Jan 2008
Posts: 5,325
MI
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Does anyone really think the system is infallible? Can we bet a potentially innocent human being's life on it? It's the best we've got, but let's not pretend it's perfect. At least the wrongly imprisoned can be freed; no one argues for the dead, and it wouldn't do any good if they did. If you're a rabid supporter of the death penalty you have to accept that there's a chance that someone didn't do it but will be executed anyway. That's bs. In this case it was a good thing that the man was able to extend his legal fight and not have been executed immediately after trial the way some would have had it. UPDATE: Glenn Ford was indeed released from prison late Tuesday afternoon local time. The same judge who denied him relief in 2009 was the one who signed the order authorizing his release. Ford's dogged lawyers and enlightened parish prosecutors in Shreveport both filed motions late last week informing a state trial judge that the time has come now to vacate Ford's murder conviction and death sentence. Why? Because prosecutors now say that they learned, late last year, of "credible evidence" that Ford "was neither present at, nor a participant in, the robbery and murder" of the victim in his case, a man named Isadore Rozeman...
Innocent man spent 30 years on death row
"When the snows fall and the white winds blow, the lone wolf dies but the pack survives." Winter is Coming
Now this is the Law of the Jungleāas old and as true as the sky; And the wolf that shall keep it may prosper, but the wolf that shall break it must die. As the creeper that girdles the tree-trunk, the Law runneth forward and back; For the strength of the Pack is the Wolf, and the strength of the Wolf is the Pack.
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Re: Crime & Justice
[Re: 123JoeSchmo]
#767638
03/12/14 05:11 PM
03/12/14 05:11 PM
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Joined: Apr 2002
Posts: 8,766 South of the Pinelands
MaryCas
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Joined: Apr 2002
Posts: 8,766
South of the Pinelands
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Can we drop the whole Christie thing? Why do you people want him to fail? The man's a leader who can get shit done. Joe, anti-Christie folks don't "want him to fail". They want him out of office. Getting shit done and breaking the law are not admirable qualities in a Governor. It remains to be seen what he has done. The Hurricane Sandy relief has turned into a debacle. There is more dirt being uncovered. It looks like he used the Hurricane as a public relations stunt. His bravado isn't winning any votes. It's becoming an annoying reality that he is no different than any other ambitious politician.
Last edited by MaryCas; 03/12/14 05:11 PM.
Whoever exalts himself will be humbled, whoever humbles himself will be exalted - Matthew 23:12
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Re: Crime & Justice
[Re: IvyLeague]
#767849
03/13/14 07:25 PM
03/13/14 07:25 PM
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Joined: Feb 2013
Posts: 2,213
cookcounty
Underboss
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Underboss
Joined: Feb 2013
Posts: 2,213
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Should an Orthodox Jew have the right to run a bus service and insist that women sit in the back of the bus and dress as he sees fit?
Should a Muslim have the right to drive a taxi and refuse to serve women customers or anyone that he believes drinks liquor? Yes, because it's their freedom of religion and these potential customers can use other companies if they don't like it. in other words......you AGREE with racism and discrimination i wonder what type of person AGREEs with racism and discrimination
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Re: Crime & Justice
[Re: olivant]
#769739
03/26/14 01:15 PM
03/26/14 01:15 PM
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Joined: Apr 2006
Posts: 11,797 Pennsylvania
klydon1
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Joined: Apr 2006
Posts: 11,797
Pennsylvania
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Kly and DT: can a civil suit be initiated against a juvenile and, if found liable, will the judgement follow them until satisfied? A civil suit can be brought against a minor in limited areas. First, if the dispute involves a contract, then there is no cause to file a suit as the minor can withdraw from enforcement of a contract at any time as he has no competence to enter into it from the beginning. State laws vary somewhat on the extent to which a parent may be joined as a defendant with the child. For simple acts of negligence the parent can not be joined, but where it is contended that the parent was negligent for not appreciating a heightened risk of a child's behavior, whether or not volitional, then a parent in most states may be joined. The courts and legislatures generally excuse children from unintentional torts as a policy measure of protecting them from their own improvidence. Car accidents are a different story as the child's standard of care is equal to that of an adult's because he is engaged in an adult activity. A judgment would attach in this scenario that would last until satisfied. But there is a small area where minors could be sued because states don't want children bringing debt with them at the age of 18. A gross exception to this is taking place, or maybe already did take place in NYC where a judge allowed the estate of an elderly woman to sue a 4 year old boy who rode his bicycle into her, causing her to fall and hurt herself. Parents were not negligent, so the suit proceeded. By the way, the woman died from causes unrelated to the 4 year-old's bike.
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Re: Crime & Justice
[Re: olivant]
#769939
03/27/14 01:41 PM
03/27/14 01:41 PM
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Joined: Feb 2013
Posts: 722 Midwest
LittleNicky
Underboss
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Underboss
Joined: Feb 2013
Posts: 722
Midwest
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I guarantee it is struck down. The government's arguments were pathetic, touching on political and public policy concerns rather than dealing with their oppositions strongest legal arguments.
A very simple application of Religious Freedom Restoration Act and by no means can we call this regulatory mandate the least restrictive means.
Of course it is logical and perfectly fine to disagree with the RFRA and prefer Smith, but that is not what this case is about. Under current law, the outcome is clear.
Should probably ask Mr. Kierney. I guess if you're Italian, you should be in prison. I've read the RICO Act, and I can tell you it's more appropriate... for some of those guys over in Washington than it is for me or any of my fellas here
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Re: Crime & Justice
[Re: olivant]
#770007
03/27/14 07:38 PM
03/27/14 07:38 PM
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Joined: Feb 2013
Posts: 722 Midwest
LittleNicky
Underboss
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Underboss
Joined: Feb 2013
Posts: 722
Midwest
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http://www.washingtonpost.com/news/volok...obby-arguments/Even Justice Breyer, the liberals among liberals, found the least restrictive means in doubt. As the leading scholar in the country on the establishment clause put it today in the Washington Post: 4. Has the government satisfied the least restrictive means test? None of these approaches to the case involves making new law. But if the Justices wish to rest the decision on a still narrower ground, it could hold that the government failed to prove that the mandate is the least restrictive means of achieving its claimed interests. Justice Breyer may have been laying the groundwork for this type of resolution by asking why employer coverage is the least restrictive way to provide that access. Tr. 63. A decision focusing on least restrictive means would be easiest for the Court to distinguish in later cases, thus leaving the most room for the government to win future RFRA cases when its claims might be more meritorious.
Even accepting (arguendo) the notion that insurance coverage for contraceptives is a compelling interest, it is hardly obvious that the least restrictive way to provide that coverage is by forcing employers to provide it. Indeed, the governmentās argument that Hobby Lobby should just drop insurance altogether demonstrates that the government actually does not view it as essential that people receive insurance through their employers as opposed to from other sources. The important point for the government, it seems, is that employees who work at Hobby Lobby have access to this coverage from some source.
This could be structured in any number of ways. The government could extend the same accommodation to the small number of businesses with this conscientious objection that it already has to religious employers. It could subsidize the contraceptive coverage directly. Employers with conscientious objections could compensate for not providing contraceptive coverage by adding other valuable coverage to the employeesā plans, thus ensuring that the employer receives no financial benefit from the objection and that the employees bear no net burden. The government could allow employers to substitute cash for coverage on a tax-free and tax-deductible basis.
Ultimately, the governmentās problem here is that it has essentially reduced its own compelling interest to a funding question: Who should pay for the contraceptive coverage the government has decided people should have? Almost by definition, where the governmentās claimed interest is merely a question of who should fund something, there will always be less restrictive alternatives, because the government can always choose to fund its own priorities (which it of course does with a great many things that even the government would not claim to be compelling interests).
The political dynamics of this case have attracted extraordinary attention, but the Supreme Court is a court of law, not of politics. The excellent questions posed at oral argument are evidence that the Court intends to decide this case in accordance with standard principles of constitutional and statutory analysis. My guess is that in the cold light of legal principle, the challenge to the contraceptive mandate will carry the day.
Should probably ask Mr. Kierney. I guess if you're Italian, you should be in prison. I've read the RICO Act, and I can tell you it's more appropriate... for some of those guys over in Washington than it is for me or any of my fellas here
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Re: Crime & Justice
[Re: 123JoeSchmo]
#770176
03/28/14 04:05 PM
03/28/14 04:05 PM
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Joined: Sep 2013
Posts: 316 North StL County, MO
StLguy
Capo
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Capo
Joined: Sep 2013
Posts: 316
North StL County, MO
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His attitude does discourage me at times, and his lack of control over his staff. He probably has a hard time reaching it over all that fat. I doubt he gets any. I'd have a bad attitude if I was blueballing all the time too.
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Re: Crime & Justice
[Re: IvyLeague]
#770185
03/28/14 05:16 PM
03/28/14 05:16 PM
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Joined: Aug 2012
Posts: 1,769 Massachusetts, USA
123JoeSchmo
Underboss
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Underboss
Joined: Aug 2012
Posts: 1,769
Massachusetts, USA
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Hobby Lobby Transcript This is the transcript of the arguments before the SC of the Hobby Lobby Case. What do people think of the argument touched on in the debate that under the government's position that theoretically the government could require for profit medical organizations/individuals to perform abortions and that therefore this would be a ridiculous and overly expansive outcome? Did people expect anything else from Obamacare? Whether it's being forced to provide services for gay marriages or for abortion, we continue to see religious freedom assaulted everywhere by the secular left in this country. Okay how do the two correlate at all? My problems with Obamacare have nothing to do with gays or religious freedom, which by the way is not under assault. As long as people are not persecuted for the way they worship then there are no worries. I think if atheists left Christians alone, and vice versa there would be no problem. But for gays, while I agree to a certain extent that the agenda can be taken too far, I don't think it's too much to ask for marriage or at the very least, civil unions. As for abortion I'm only in favor of it to an extent. Past a certain part of the cycle, a woman cannot view her body as the most important thing at stake. But for situations like rape or early on in the pregnancy absolutely it is their choice. We have enough people in the world as it is plus it still bothers me the Catholic Church still thinks contraception is immoral
"Don't ever go against the family again. Ever"- Michael Corleone
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Re: Crime & Justice
[Re: 123JoeSchmo]
#770197
03/28/14 05:53 PM
03/28/14 05:53 PM
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Joined: Feb 2013
Posts: 2,213
cookcounty
Underboss
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Underboss
Joined: Feb 2013
Posts: 2,213
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Hobby Lobby Transcript This is the transcript of the arguments before the SC of the Hobby Lobby Case. What do people think of the argument touched on in the debate that under the government's position that theoretically the government could require for profit medical organizations/individuals to perform abortions and that therefore this would be a ridiculous and overly expansive outcome? Did people expect anything else from Obamacare? Whether it's being forced to provide services for gay marriages or for abortion, we continue to see religious freedom assaulted everywhere by the secular left in this country. Okay how do the two correlate at all? My problems with Obamacare have nothing to do with gays or religious freedom, which by the way is not under assault. As long as people are not persecuted for the way they worship then there are no worries. I think if atheists left Christians alone, and vice versa there would be no problem. But for gays, while I agree to a certain extent that the agenda can be taken too far, I don't think it's too much to ask for marriage or at the very least, civil unions. As for abortion I'm only in favor of it to an extent. Past a certain part of the cycle, a woman cannot view her body as the most important thing at stake. But for situations like rape or early on in the pregnancy absolutely it is their choice. We have enough people in the world as it is plus it still bothers me the Catholic Church still thinks contraception is immoral i don't think it's any man's right to tell a woman that she can't abort a kid do you have any clue how many mothafuckas should've been aborted, swallowed, or spit out?
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Re: Crime & Justice
[Re: cookcounty]
#770206
03/28/14 07:39 PM
03/28/14 07:39 PM
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Joined: Aug 2012
Posts: 1,769 Massachusetts, USA
123JoeSchmo
Underboss
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Underboss
Joined: Aug 2012
Posts: 1,769
Massachusetts, USA
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Hobby Lobby Transcript This is the transcript of the arguments before the SC of the Hobby Lobby Case. What do people think of the argument touched on in the debate that under the government's position that theoretically the government could require for profit medical organizations/individuals to perform abortions and that therefore this would be a ridiculous and overly expansive outcome? Did people expect anything else from Obamacare? Whether it's being forced to provide services for gay marriages or for abortion, we continue to see religious freedom assaulted everywhere by the secular left in this country. Okay how do the two correlate at all? My problems with Obamacare have nothing to do with gays or religious freedom, which by the way is not under assault. As long as people are not persecuted for the way they worship then there are no worries. I think if atheists left Christians alone, and vice versa there would be no problem. But for gays, while I agree to a certain extent that the agenda can be taken too far, I don't think it's too much to ask for marriage or at the very least, civil unions. As for abortion I'm only in favor of it to an extent. Past a certain part of the cycle, a woman cannot view her body as the most important thing at stake. But for situations like rape or early on in the pregnancy absolutely it is their choice. We have enough people in the world as it is plus it still bothers me the Catholic Church still thinks contraception is immoral i don't think it's any man's right to tell a woman that she can't abort a kid do you have any clue how many mothafuckas should've been aborted, swallowed, or spit out? I know one "muthafucka" that should've been aborted  Life should be protected, but so should a woman's body as well, which is why I take the middle ground on abortion
"Don't ever go against the family again. Ever"- Michael Corleone
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Re: Crime & Justice
[Re: 123JoeSchmo]
#770219
03/29/14 10:44 AM
03/29/14 10:44 AM
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Joined: Feb 2003
Posts: 15,030 Texas
olivant
OP
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OP

Joined: Feb 2003
Posts: 15,030
Texas
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As for abortion I'm only in favor of it to an extent.
I take it then that you favor killing children if somebody has what they think is a good reason to do so.
Last edited by olivant; 03/29/14 10:45 AM.
"Generosity. That was my first mistake." "Experience must be our only guide; reason may mislead us." "Instagram is Twitter for people who can't read."
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Re: Crime & Justice
[Re: olivant]
#770226
03/29/14 11:22 AM
03/29/14 11:22 AM
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Joined: Aug 2012
Posts: 1,769 Massachusetts, USA
123JoeSchmo
Underboss
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Underboss
Joined: Aug 2012
Posts: 1,769
Massachusetts, USA
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As for abortion I'm only in favor of it to an extent.
I take it then that you favor killing children if somebody has what they think is a good reason to do so. Come on really? What kind of question is that? I said to an extent. There comes a point where a woman is too far along for an abortion and then it is a murder of a child. In cases of rape or the woman feels like she's not ready for a kid and it's very early in the pregnancy then yes I am in favor of it.
"Don't ever go against the family again. Ever"- Michael Corleone
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Re: Crime & Justice
[Re: 123JoeSchmo]
#770228
03/29/14 11:28 AM
03/29/14 11:28 AM
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Joined: Feb 2003
Posts: 15,030 Texas
olivant
OP
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OP

Joined: Feb 2003
Posts: 15,030
Texas
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As for abortion I'm only in favor of it to an extent.
I take it then that you favor killing children if somebody has what they think is a good reason to do so. Come on really? What kind of question is that? I said to an extent. There comes a point where a woman is too far along for an abortion and then it is a murder of a child. In cases of rape or the woman feels like she's not ready for a kid and it's very early in the pregnancy then yes I am in favor of it. Once again, you favor killing children when there is what you consider to be a good reason to do so. By the way, what devalues the life of a person that is conceived through rape?
Last edited by olivant; 03/29/14 11:28 AM.
"Generosity. That was my first mistake." "Experience must be our only guide; reason may mislead us." "Instagram is Twitter for people who can't read."
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Re: Crime & Justice
[Re: olivant]
#770229
03/29/14 11:32 AM
03/29/14 11:32 AM
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Joined: Dec 2006
Posts: 23,296 Throggs Neck
pizzaboy
The Fuckin Doctor
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The Fuckin Doctor

Joined: Dec 2006
Posts: 23,296
Throggs Neck
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do you have any clue how many mothafuckas should've been aborted, swallowed, or spit out? Must you always be so vulgar? This isn't the OC section. There are women who post in this section regularly. I know one "muthafucka" that should've been aborted In defense of Cook: If his mother is half as stupid as he is, she probably thought she just had gas.
"I got news for you. If it wasn't for the toilet, there would be no books." --- George Costanza.
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Re: Crime & Justice
[Re: olivant]
#770230
03/29/14 11:33 AM
03/29/14 11:33 AM
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Joined: Aug 2012
Posts: 1,769 Massachusetts, USA
123JoeSchmo
Underboss
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Underboss
Joined: Aug 2012
Posts: 1,769
Massachusetts, USA
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do you have any clue how many mothafuckas should've been aborted, swallowed, or spit out? Must you always be so vulgar? This isn't the OC section. There are women who post in this section regularly. I know one "muthafucka" that should've been aborted In defense of Cook: If his mother is half as stupid as he is, she probably thought she just had gas. 
As for abortion I'm only in favor of it to an extent.
I take it then that you favor killing children if somebody has what they think is a good reason to do so. Come on really? What kind of question is that? I said to an extent. There comes a point where a woman is too far along for an abortion and then it is a murder of a child. In cases of rape or the woman feels like she's not ready for a kid and it's very early in the pregnancy then yes I am in favor of it. Once again, you favor killing children when there is what you consider to be a good reason to do so. By the way, what devalues the life of a person that is conceived through rape? Please stop making me out as some sort of advocate murder. I have my opinion and you have yours. Though I'm surprised that this comes from an upstart super liberal such as yourself. Now in terms of rape it doesn't devalue the life of the baby. But it's not fair to the mother either. She didn't want to become pregnant so why should she be forced to go through something she didn't ask for? That's my reasoning. In that situation we have to look out for the well being of the woman first.
Last edited by 123JoeSchmo; 03/29/14 11:33 AM.
"Don't ever go against the family again. Ever"- Michael Corleone
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Re: Crime & Justice
[Re: olivant]
#770247
03/29/14 12:57 PM
03/29/14 12:57 PM
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Joined: Aug 2012
Posts: 1,769 Massachusetts, USA
123JoeSchmo
Underboss
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Underboss
Joined: Aug 2012
Posts: 1,769
Massachusetts, USA
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In that situation we have to look out for the well being of the woman first.
Ah. The good reason rationale again. Only in the early part of the pregnancy id say past 20 weeks is my limit. This is the case in the south for most states I believe Oh and btw you're totally not coming off as a snob right now 
Last edited by 123JoeSchmo; 03/29/14 12:58 PM.
"Don't ever go against the family again. Ever"- Michael Corleone
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