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  conviction integrity unit
Posted by: jameson245 - 09-03-2018, 04:18 AM - Forum: What is in the news - staying up to date - Replies (3)

Boulder County attorneys set criteria for DA's new conviction integrity unit
[b]By Mitchell Byars[/b]
[i]Staff Writer

Posted:   09/01/2018 12:50:54 PM MDT | Updated:   about 12 hours ago[/i]



[Image: 20180831__01DCAUNITw~1.jpg]
Boulder County District Attorney Michael Dougherty in March created a conviction integrity unit, for which a set of criteria has been created to review possible wrongful conviction cases. ([i]Cliff Grassmick / Staff Photographer[/i])


The Boulder District Attorney's Office and local defense attorneys have created a set of criteria and an application process for the newly-created conviction integrity unit as it gets ready to review possible wrongful conviction cases.
Boulder District Attorney Michael Dougherty created the unit in March and since then attorneys have been meeting to decide what types of cases it will re-examine.
"I'm excited about how much progress we've made to get this up and running," Dougherty said.


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Boulder Deputy District Attorney Mark Rimaldi, who is part of the unit, said the unit will look at cases out of Boulder County in which the person has credible evidence they did not commit the crime for which they were convicted.
"There must be a claim of actual innocence," Rimaldi said. "Not that there was some issue with the legal process, or something didn't go the way they planned."
Rimaldi said there will not be a limit on the types of charges that will be considered by the unit.
"We certainly had a discussion about a limit, but we determined that different people can be affected by crimes of any level," Rimaldi said. "We thought it would be fair to review all cases based on merit."


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Josh Maximon, the co-chair of the Boulder chapter of the Colorado Defense Bar, said that cases in which the defendant is incarcerated will take priority, but it is important they look at all types of cases.
"A lot of innocence projects tend to be related to really serious cases, like murder or rape, but this unit is going to be looking at claims of innocence on every single level of alleged crime," Maximon said. "For job applications, graduate school, housing requirements, Section 8 housing, having a conviction on your record is something that is really an impediment. So even though we're giving a priority to incarceration cases, the collateral consequences of having a conviction are really significant in this society, so it's excellent we're able to look at those cases as well."
Dougherty also said that the unit will consider guilty pleas, not just trial convictions as long as there is still a claim of actual innocence.
"We recognize defendants may plead guilty when they are not in fact guilty, possibly because they are worried about the consequences of going to trial," Dougherty said.
As a defense attorney, allowing plea cases was something Maximon said he was excited about.
"There is quite a bit of pressure put on defendants to take deals, even in disputed cases," he said. "So the fact that there is an avenue for them to still be able to assert their innocence is unique and really welcomed by the legal community, specifically the defense."
Dougherty said that he is not sure how many cases the unit will handle at a time, but said it will partly depend on the circumstances of each defendant.
"A case where DNA is involved might be different than a case of mistaken identity where we have to re-interview witnesses," Dougherty said. "But I'm confident we can keep up with the cases."
Dougherty said he hopes to have the application up on the DA's website within the next two weeks. He said he has already heard from a lot of defendants who think their cases might apply, as well as from members of the community supporting the idea.
"The response from the community has been overwhelmingly positive, and I think that speaks to the desire that people have to make sure there is transparency in their government," Dougherty said.
While it is the only such unit in the state at the moment, Maximon added that a representative from the Denver DA's Office attended a recent meeting.
"It seems like the work that we're doing in Boulder might be a model for other units like this all over the state," Maximon said. "We worked really hard to try to develop criteria and standards to this process with a really dedicated aim from all areas of the criminal justice system. From the defense perspective and the prosecution's perspective, every single person there is committed to finding a potential positive result for someone who has an actual innocence claim."
[i]Mitchell Byars: 303-473-1329, byarsm@dailycamera.com or twitter.com/mitchellbyars[/i]

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  plea bargains - sex offenders
Posted by: jameson245 - 09-02-2018, 04:09 PM - Forum: What is in the news - staying up to date - Replies (3)

Should I Take a Plea Bargain for a Sex Crime?
Posted on July 1, 2015 by Law Office of Brett A Podolsky
 
A defendant who is charged with a sex crime in Texas may be facing some serious legal penalties. These penalties can include jail time, fines and sex offender registration. One way to avoid the full extent of these possible penalties is to accept a plea bargain from the prosecution.
A plea bargain is an agreement between the defense and the prosecution. In many cases, the prosecution will be the district attorney. In a plea bargain, the district attorney may offer a deal to the defendant after charges have been filed and before a trial takes place.
In most cases, the plea bargain will require the defendant to enter a guilty plea in court. However, the defendant may only have to plead guilty to a lesser charge than the crime for which he or she was originally charged. Alternatively, if the defendant is charged on multiple counts, he or she may only have to plead guilty to one or a few of the total charges.
Benefits of Plea Bargains
There are several advantages for a defendant who chooses to accept a plea bargain for sexually based offenses. Some of these benefits can include:

  • Reduced jail time

  • Reduced fines

  • Conviction on a misdemeanor charge rather than a felony charge

  • Probation instead of jail time
When it comes to sexual crimes, plea bargaining is a possibility. However, a plea bargain for a sex crime may work differently when compared to other types of offenses.
[Image: Brett-Podolsky-CTA.jpg]
Plea Bargains and Sex Offender Registration
Mandatory sex offender registration is one of the most serious consequences for a sex crime. This mandatory registration may be valid for the remainder of the defendant’s life or for a period of several years. For defendants who receive prison time, the registration can activate once they are released from incarceration.
Registration can require a person to: Obviously, these are very serious consequences. A person accused of a sexual offense may wonder if a plea bargain can help them avoid this mandatory registration.
In reality, this may not be possible. A person who admits guilt to a sex crime for which registration is required must register as a sex offender. In general, the only way to avoid sex offender registration is accept a plea bargain for a lesser charge for which registration is not a requirement.
For example, if a defendant is charged with a crime for which registration is a requirement but accepts a plea bargain for a charge that does not require registration, that defendant could potentially avoid registration. He or she may still have to face incarceration, probation and fines but it may be worth it to avoid the stigma of sex offender registration.
Should I Take A Plea Bargain?
This is not an easy question to answer. Every case involving sex crime charges will be different. In some cases, a defendant may stand to gather a lot of advantages by accepting a plea bargain.
However, a plea bargain requires a total admission of guilt and pleading guilty to any sex crime can have serious consequences. There can be an element of public shame and humiliation that may be just as bad as jail time.
The best strategy for a defendant in this situation is to consult with an experienced attorney. An attorney may be able to examine the facts of the case and the charges that have been filed and make a recommendation. In addition, an attorney may be able to negotiate with the court for a new plea bargain that is more favorable to the defendant.
The average person will not have the knowledge or experience to negotiate with the court on their own and public defenders may be overworked or inexperienced. Hiring a lawyer as soon as sex crime charges are filed is a great first step towards building a strong legal defense that may secure a favorable plea bargain.

If you’ve been accused of a sex crime, it’s crucial to contact an experienced attorney. Brett A. Podolsky will fight to protect your rights. Call 713-227-0087 or email for a confidential consultation today!

https://brettpodolsky.com/sex-crimes/sho...-sex-crime

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  plea bargains - sex offenders
Posted by: jameson245 - 09-02-2018, 04:01 PM - Forum: What is in the news - staying up to date - No Replies

Should I Take a Plea Bargain for a Sex Crime?
Posted on July 1, 2015 by Law Office of Brett A Podolsky
 
A defendant who is charged with a sex crime in Texas may be facing some serious legal penalties. These penalties can include jail time, fines and sex offender registration. One way to avoid the full extent of these possible penalties is to accept a plea bargain from the prosecution.
A plea bargain is an agreement between the defense and the prosecution. In many cases, the prosecution will be the district attorney. In a plea bargain, the district attorney may offer a deal to the defendant after charges have been filed and before a trial takes place.
In most cases, the plea bargain will require the defendant to enter a guilty plea in court. However, the defendant may only have to plead guilty to a lesser charge than the crime for which he or she was originally charged. Alternatively, if the defendant is charged on multiple counts, he or she may only have to plead guilty to one or a few of the total charges.
Benefits of Plea Bargains
There are several advantages for a defendant who chooses to accept a plea bargain for sexually based offenses. Some of these benefits can include:

  • Reduced jail time

  • Reduced fines

  • Conviction on a misdemeanor charge rather than a felony charge

  • Probation instead of jail time
When it comes to sexual crimes, plea bargaining is a possibility. However, a plea bargain for a sex crime may work differently when compared to other types of offenses.
[Image: Brett-Podolsky-CTA.jpg]
Plea Bargains and Sex Offender Registration
Mandatory sex offender registration is one of the most serious consequences for a sex crime. This mandatory registration may be valid for the remainder of the defendant’s life or for a period of several years. For defendants who receive prison time, the registration can activate once they are released from incarceration.
Registration can require a person to: Obviously, these are very serious consequences. A person accused of a sexual offense may wonder if a plea bargain can help them avoid this mandatory registration.
In reality, this may not be possible. A person who admits guilt to a sex crime for which registration is required must register as a sex offender. In general, the only way to avoid sex offender registration is accept a plea bargain for a lesser charge for which registration is not a requirement.
For example, if a defendant is charged with a crime for which registration is a requirement but accepts a plea bargain for a charge that does not require registration, that defendant could potentially avoid registration. He or she may still have to face incarceration, probation and fines but it may be worth it to avoid the stigma of sex offender registration.
Should I Take A Plea Bargain?
This is not an easy question to answer. Every case involving sex crime charges will be different. In some cases, a defendant may stand to gather a lot of advantages by accepting a plea bargain.
However, a plea bargain requires a total admission of guilt and pleading guilty to any sex crime can have serious consequences. There can be an element of public shame and humiliation that may be just as bad as jail time.
The best strategy for a defendant in this situation is to consult with an experienced attorney. An attorney may be able to examine the facts of the case and the charges that have been filed and make a recommendation. In addition, an attorney may be able to negotiate with the court for a new plea bargain that is more favorable to the defendant.
The average person will not have the knowledge or experience to negotiate with the court on their own and public defenders may be overworked or inexperienced. Hiring a lawyer as soon as sex crime charges are filed is a great first step towards building a strong legal defense that may secure a favorable plea bargain.

If you’ve been accused of a sex crime, it’s crucial to contact an experienced attorney. Brett A. Podolsky will fight to protect your rights. Call 713-227-0087 or email for a confidential consultation today!

https://brettpodolsky.com/sex-crimes/sho...-sex-crime

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  plea bargains - sex offenders
Posted by: jameson245 - 09-02-2018, 04:01 PM - Forum: What is in the news - staying up to date - No Replies

Should I Take a Plea Bargain for a Sex Crime?
Posted on July 1, 2015 by Law Office of Brett A Podolsky
 
A defendant who is charged with a sex crime in Texas may be facing some serious legal penalties. These penalties can include jail time, fines and sex offender registration. One way to avoid the full extent of these possible penalties is to accept a plea bargain from the prosecution.
A plea bargain is an agreement between the defense and the prosecution. In many cases, the prosecution will be the district attorney. In a plea bargain, the district attorney may offer a deal to the defendant after charges have been filed and before a trial takes place.
In most cases, the plea bargain will require the defendant to enter a guilty plea in court. However, the defendant may only have to plead guilty to a lesser charge than the crime for which he or she was originally charged. Alternatively, if the defendant is charged on multiple counts, he or she may only have to plead guilty to one or a few of the total charges.
Benefits of Plea Bargains
There are several advantages for a defendant who chooses to accept a plea bargain for sexually based offenses. Some of these benefits can include:

  • Reduced jail time

  • Reduced fines

  • Conviction on a misdemeanor charge rather than a felony charge

  • Probation instead of jail time
When it comes to sexual crimes, plea bargaining is a possibility. However, a plea bargain for a sex crime may work differently when compared to other types of offenses.
[Image: Brett-Podolsky-CTA.jpg]
Plea Bargains and Sex Offender Registration
Mandatory sex offender registration is one of the most serious consequences for a sex crime. This mandatory registration may be valid for the remainder of the defendant’s life or for a period of several years. For defendants who receive prison time, the registration can activate once they are released from incarceration.
Registration can require a person to: Obviously, these are very serious consequences. A person accused of a sexual offense may wonder if a plea bargain can help them avoid this mandatory registration.
In reality, this may not be possible. A person who admits guilt to a sex crime for which registration is required must register as a sex offender. In general, the only way to avoid sex offender registration is accept a plea bargain for a lesser charge for which registration is not a requirement.
For example, if a defendant is charged with a crime for which registration is a requirement but accepts a plea bargain for a charge that does not require registration, that defendant could potentially avoid registration. He or she may still have to face incarceration, probation and fines but it may be worth it to avoid the stigma of sex offender registration.
Should I Take A Plea Bargain?
This is not an easy question to answer. Every case involving sex crime charges will be different. In some cases, a defendant may stand to gather a lot of advantages by accepting a plea bargain.
However, a plea bargain requires a total admission of guilt and pleading guilty to any sex crime can have serious consequences. There can be an element of public shame and humiliation that may be just as bad as jail time.
The best strategy for a defendant in this situation is to consult with an experienced attorney. An attorney may be able to examine the facts of the case and the charges that have been filed and make a recommendation. In addition, an attorney may be able to negotiate with the court for a new plea bargain that is more favorable to the defendant.
The average person will not have the knowledge or experience to negotiate with the court on their own and public defenders may be overworked or inexperienced. Hiring a lawyer as soon as sex crime charges are filed is a great first step towards building a strong legal defense that may secure a favorable plea bargain.

If you’ve been accused of a sex crime, it’s crucial to contact an experienced attorney. Brett A. Podolsky will fight to protect your rights. Call 713-227-0087 or email for a confidential consultation today!

https://brettpodolsky.com/sex-crimes/sho...-sex-crime

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  weBsleuths - the BORG forum
Posted by: jameson245 - 08-30-2018, 08:06 AM - Forum: Found on other forums - No Replies

Intruder thoughts unwelcome.  Only BORG posts allowed


Here is one of their theories

ive been hesitant to post my theory as im still now absorbing so much info from other posters and i respect the thought and commitment each poster brings to finding justice for JBR.
there are elements from all RDI that make perfect sense even though i have no doubt many have to be wrong (or right!) for the simple reason something JR said about us and the beer can collecting club a long time ago makes me think he thinks we put way too much thought into every little thing, trying to find that aha clue. (and we will JR :jail[Image: clear.png]
a few points to start.

- i dont believe they were as worried about evidence as we think. like fibres etc.
they were paranoid about the finger prints thats it.
- i think there was multiple crime scenes as the night progressed and the situation intensified.
- every possible avenue of justice has really been denied to this little darling.
even the AR was based on ONE examiners opinion. maybe dr meyers is a gun coroner maybe he's not. but the fact remains he made some very unclear observations in the report and its a damn shame that another examiners interpretations of her injuries isnt available to us. (not just them reading and interpreting his report)

so....im not going to write a book.
we all know the basics im just going to bullet form the points to my theory.

-nobody went to bed christmas night.
they all walked in. kids had a snack. Tired and frazzled PR marched JB upstairs for bedtime routine.
she started at the top ie fixed JB hair for bed started on the Pj's got to the black pants and discovered an incident down there that exasperated her.
PR losses it and drags JB to the bathroom for what has become a progressively angrier brutal mean abusive (torturous) clean up.
during the painful vaginal cleanup JB makes a run for it,PR grabs her by the collar and drives her back into the bathroom where the head injury happens by means of accidental brutal force into the door frame on the way.
PR is aware immediately how dire the hit was.
she screams for JR (who has BR in toe)
JBR is rendered unconscious immediately, JR picks her up and puts her on her bed so they can assess her properly.
i believe that they were waiting to see if she would come round having no medical idea really how serious her brain injury was, most likely about 15 minutes .
[b]this should have been the time 911 was called why wasnt it???
[/b]because PR knew what she was physically doing to JB was wrong and i think what started as a hesitation to call 911 became a non alternative when she started most likely fitting or some other horrific event that JR instinctively took her down stairs hurriedly with PR in toe where it was decided to send her to god in mercy.

they quickly fastened a makeshift ligature and utilised it fast.
- during this time BR was roaming around JBs room in a haze and might have likely soiled himself in sheer fright. then in a bizaar night of events behaved debravely just in auto pilot...coping mechanism ( poo smearing) .
- i think JBR was placed in size 6 underwear and the pink pj bottoms in her room after the head injury but while waiting to see how she was.
after she was strangled i think she was probably leaking fluids especially from the trauma to her virgina which PR couldnt have anyone notice.she was stripped of those dirty clothes wiped and i believe PR had lightbulb moment of the size 12s nearby and i imagine like most families there would have been a box or bags of old clothes down stairs and that is where she came upon the long johns and quickly put them into play.
they didnt realise that through the death process of the hours ahead JBR would keep leaking fluids.
-i think JR and PR spent along time with her at this point.
they grieved, they yelled at each other then they went into survival mode.
hatched the ridiculous RN and failed kidnapping plan.
-they burnt JBR with the cigars and tortured her virgina to make it look like an intruder.
-wiped the torch and the ransom note for finger prints
-semi hid JBR
-had a intense chat with BR in his room
-PR freshened her make up and hair while JR showered
-911 call

lots of people on this forum think the parents covered for the kid....but why couldnt and wouldnt the kid cover for the parents?
there are alot of things pointing to BDI as well. I am still open to all theories!
but as above keeps niggling at me without change. so i guess i am staking myself P&JDI :fence:

ps i think the incriminating evidence was in the damn golf bag!!!

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  Orchid Club
Posted by: jameson245 - 08-23-2018, 08:41 AM - Forum: Colorado crimes - No Replies

Archives | 1996
16 Indicted On Charges Of Internet Pornography
By TIM GOLDEN
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The case began last spring with familiar horror: a 6-year-old girl returning home from a slumber party with a tale of sexual abuse by the father of one of her young friends.
Today, Federal officials said the girl in a small central California town had led them to one of the more distant frontiers of sexual crime.
In an indictment handed up here, a Federal grand jury charged 16 people in the United States and abroad with joining in a pornography ring that was effectively an on-line pedophilia club. Its members shared homemade pictures, recounted their sexual experiences with children and even chatted electronically as two of the men molested a 10-year-old girl, the authorities said.
The case appeared likely to heighten concerns about the spread of child pornography over the Internet. Debate has grown steadily over whether or how the government should impose obscenity standards in cyberspace, and Republican leaders have increasingly attacked the Clinton Administration for being insufficiently vigorous in the prosecution of on-line pornography cases.
Federal officials who investigated what defendants in the San Jose case called the "Orchid Club" said the crimes they came upon had little to do with questions of privacy or free speech.
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"The thing that ups the ante in this case is that allegations of distribution of pornography are coupled with serious allegations of child molestation," said Leland B. Altschuler, the head of the United States Attorney's office in San Jose. "It's an issue relating to the protection of children, not to the First Amendment."
All 16 defendants were charged with conspiracy to possess and distribute child pornography, a felony punishable by up to 10 years in prison. Six of the men were also charged with joining or abetting in the sexual exploitation of children. The six have already pleaded not guilty to sexual-abuse charges filed against them by local prosecutors.
In addition to 13 men arrested around the United States, officials said the group included members in Finland, Canada and Australia. Although arrest warrants have been issued for those three, officials said they were still only known by their computer aliases.
Investigators from the Federal Bureau of Investigation said they had been brought into the case by Sheriff's deputies in Monterey County, south of San Francisco.

Responding to a complaint by the mother of the 6-year-old in Greenfield, a farming town that calls itself the "broccoli capital" of California, deputies were led first to the father of the girls who had been hosts to the slumber party, Ronald Riva. They also found computer equipment that one 10-year-old said had been used to record her as she posed for Mr. Riva and a friend of his, Melton L. Myers.
Both men were arrested on April 22.
With help from Customs Service investigators in Silicon Valley, F.B.I. agents eventually uncovered computer files that began to trace the scope of the Orchid Club, one of the thousands of virtual conference rooms of Internet Relay Chat.
Officials said they did not have to conduct wire-tap surveillance or break into encrypted files; two of the accused conspirators collaborated with investigators, going on-line in the presence of law-enforcement agents to help track other members of the club.
The authorities said it was still unclear how Mr. Riva, 38, and Mr. Myers, a 54-year-old truck driver who had been convicted of molesting two children in Orange County in 1971, had found the other participants in the chat room.
Members of the club were received on the recommendations of other members, the officials said. After being given a password to enter the chat room, they were initiated by recounting one of their sexual experiences with a child. At least eight children were molested in connection with the club.
Transcripts from some of the conversations indicate that days before the party held at Mr. Riva's home, he asked other members of the club how they might like him to videotape the 10-year-old girl. While the abuse went on, prosecutors said, Mr. Riva and Mr. Myers continued the queries, describing to others in the chat room what they were doing.
"Some called it a 'virtual molestation,' " said D. Anthony West, the Federal prosecutor in charge of the case. "I think it was a very real molestation."

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  detectives' guild image -
Posted by: jameson245 - 08-23-2018, 06:49 AM - Forum: just BORG hate - Replies (1)

[/url]
[Image: 25487624_1556881964360693_34453957855040...e=5BF6AE88]
[url=https://www.facebook.com/listencarefullybydetectivesguild/photos/a.1268864186495807/1556881964360693/?type=3]

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  Delmar England
Posted by: jameson245 - 08-15-2018, 06:39 PM - Forum: Absolutely insane posts - mostly by BORG - Replies (2)

Here's one of his...

"
DNA? So, it does not match the family. So what? Who does it match? Unknown? If unknown, how can it be known to connect to the crime and be "evidence?" If the source of this DNA were known, then factually connected to the crime scene, then it is evidence. Absence this, it is just more speculation that caters to intruder mental creation."


He is talking about the DNA of an unknown male that was found under JonBenet's nails, on the sides of the longjohns she wore to bed that night - and the same DNA was found comingled with the blood in her panties.  That blood was the result of the sexual assault that took place just before she died - it had not started to heal.

He discounts this as evidence.  God save us from people like him who become detectives.

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  banshee squeals
Posted by: jameson245 - 08-15-2018, 05:57 AM - Forum: just BORG hate - No Replies

from Scholars and Rogues

The laying down of that narrative seemed to happen in barely a moment as the whole world just “knew,” the child had been killed by her parents, that “bastard billionaire, John Ramsey,” and the “white trash with cash, Patsy Ramsey, oh God how I hate that woman.” These were the mantras, the banshee squeals around the case that echoed across not just the United States but the whole world. I lost count of the number of times I had people screaming at me, frothing at the mouth, when I even dared to question their certainty of parental guilt. What was really fascinating was that when I asked how come they were so certain, so knowing, the reply was often along the lines of either repeating the media stories but, more often, commenting that they “looked guilty,” or “ it’s a gut feeling.”

I have searched long and hard in the Constitution and in law manuals and have yet to find the proposition that, if accused of a crime, I have a right to be judged by a jury of my peers’ guts

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  banshee squeals
Posted by: jameson245 - 08-15-2018, 05:57 AM - Forum: just BORG hate - No Replies

from Scholars and Rogues

The laying down of that narrative seemed to happen in barely a moment as the whole world just “knew,” the child had been killed by her parents, that “bastard billionaire, John Ramsey,” and the “white trash with cash, Patsy Ramsey, oh God how I hate that woman.” These were the mantras, the banshee squeals around the case that echoed across not just the United States but the whole world. I lost count of the number of times I had people screaming at me, frothing at the mouth, when I even dared to question their certainty of parental guilt. What was really fascinating was that when I asked how come they were so certain, so knowing, the reply was often along the lines of either repeating the media stories but, more often, commenting that they “looked guilty,” or “ it’s a gut feeling.”

I have searched long and hard in the Constitution and in law manuals and have yet to find the proposition that, if accused of a crime, I have a right to be judged by a jury of my peers’ guts

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