Post ATa8kZ9VTUZYQ5MoFs by Teri_Kanefield@law-and-politics.online
(DIR) More posts by Teri_Kanefield@law-and-politics.online
(DIR) Post #ATZzLbDhkbnY0PLnkm by Teri_Kanefield@law-and-politics.online
2023-03-13T17:15:57Z
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Trump elected to turn down his chance to speak to the New York Grand jury. https://www.rollingstone.com/politics/politics-news/trump-testify-manhattan-hush-money-probe-1234695585/Now, here's my OJ Simpson story.OJ Simpson wanted to take the stand in his own defense. His defense lawyers tried to talk him out of it, but he was positive he could charm the jury into believing him.The DOJ defense team hired my trial practice professor at Berkeley to do a cross examination of OJ Simpson to show him what it would be like.1/
(DIR) Post #ATZzXAu1QMg1rHfDl2 by Teri_Kanefield@law-and-politics.online
2023-03-13T17:18:03Z
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She prepared thoroughly and told the class what he strategy was.(Another of my professors, a former prosecutor, told she was one of the best defense lawyers around and the person he would hire if he got into trouble.)The defense did a mock trial with her as the prosecutor cross examining him.She took him apart and had him in pieces.He decided against taking the stand in his own defense.2/
(DIR) Post #ATZzpX79a1MPxYYmDg by Teri_Kanefield@law-and-politics.online
2023-03-13T17:21:22Z
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You probably want to know her strategy. Well dang, it has been so many decades I can't remember exactly what she said, but basically she knew he would try to turn on the charm, so she used his charm against him so he looked sleazy instead of charming.He was very rattled by her mock cross examination.Not that any of you need advice like this, but if you get arrested shut up and it's probably a bad idea to take the stand in your own defense.3/
(DIR) Post #ATa03caQ22UWz7xyXQ by failedLyndonLaRouchite@mas.to
2023-03-13T17:23:53Z
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@Teri_Kanefield Helping OJ Simpson avoid justice is not the flex you think it is
(DIR) Post #ATa08gqDdjhfd3m1lA by axoplasm@pdx.social
2023-03-13T17:24:48Z
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@Teri_Kanefield EVERYONE needs that advice
(DIR) Post #ATa0Ilmc7ZBRqrtTPc by Teri_Kanefield@law-and-politics.online
2023-03-13T17:26:39Z
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In fact, invoke your right to a lawyer and not your right to remain silent.Your right to remain silent can be overcome. In other words, you can change your mind and talk.But once you say you want a lawyer, nothing you say after that can be used.The Sixth Amendment is stronger protection than the Fifth, so invoke that one.Aren't you glad you know that?4/
(DIR) Post #ATa0ONmeGNzF9kaPmS by BeazLouise@birds.town
2023-03-13T17:27:37Z
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@Teri_KanefieldAgain, thank you for your explanations (and advice).
(DIR) Post #ATa0co5hFaQGniNFaa by amyedge@toad.social
2023-03-13T17:30:15Z
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@Teri_Kanefield I was surprised when Murdaugh took the stand. I imagine the fight he had with his attorneys over testifying. Do you know if the slayer statute came up at all? Personally, I thought the murder trial was about the slayer statute and where the wife's assets go. But, that was just me.
(DIR) Post #ATa0qb1KdtxQJluKzQ by bizcad@dotnet.social
2023-03-13T17:32:43Z
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@Teri_Kanefield I am very glad to know that. I have heard that it is never a good idea to talk to a policeman. I still do not know how to go about that, should the need arise. I seriously doubt that it ever will arise because I am an honest upstanding citizen. But I would like to know how to protect myself from the State. BTW, that is one reason I follow you and read most of what you publish.
(DIR) Post #ATa0zkDJpbRnR8sPtQ by PaulDitz@mstdn.social
2023-03-13T17:34:22Z
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@Teri_Kanefield invoke both.
(DIR) Post #ATa1H8CBv94ejodjnc by Teri_Kanefield@law-and-politics.online
2023-03-13T17:37:34Z
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@bizcad If you are arrested or stopped for something other than a minor traffic thing, say "I want a lawyer."
(DIR) Post #ATa1KLgYDsbLRbNIFU by Teri_Kanefield@law-and-politics.online
2023-03-13T17:38:08Z
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@PaulDitz That doesn't hurt, but "I want a lawyer" does it. After that, anything can be stricken.
(DIR) Post #ATa1fLfrSXfvUV47w8 by PaulDitz@mstdn.social
2023-03-13T17:41:55Z
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@Teri_Kanefield It is not good advice to tell people not to invoke their right to remain silent. Yes, I agree that right to counsel will stop questioning, but simply saying "I am invoking my right to remain silent and would like to speak with an attorney" is simple and covers all bases.
(DIR) Post #ATa1hTCKSQU5P8GPEO by Teri_Kanefield@law-and-politics.online
2023-03-13T17:42:19Z
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@PaulDitz I can't argue with that.
(DIR) Post #ATa1v2lrVbcBUsM9sO by podkaynelives@universeodon.com
2023-03-13T17:40:04Z
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@failedLyndonLaRouchite @Teri_Kanefield just a reminder that this isn't Twitter and people don't flex here, they talk. Everyone, even the guilty, has the right to competent legal representation and a fair trial.
(DIR) Post #ATa1v3rZRrm8ss2EPg by Teri_Kanefield@law-and-politics.online
2023-03-13T17:44:46Z
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@podkaynelives @failedLyndonLaRouchite I took a screenshot of that comment before he blocked me. (I knew he blocked me when I tried to reply)This weekend, I wrote about the hate that prosecutors get.Defense lawyers also get hate.My appellate practice was limited to indigents and I got hate from appellate justices who seemed to think I was wasting tax dollars raising appeals for people who couldn't afford it.Fact: My clients were not always sympathetic people.
(DIR) Post #ATa25zJIiRDbwvDR7w by Teri_Kanefield@law-and-politics.online
2023-03-13T17:46:45Z
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This weekend I wrote about the hate that prosecutors can get when they don't do what people think they should do.Defense lawyers also get a lot of hate. Even people who claim to be liberals can easily fall into thinking that "only people we like should get defense lawyers."When I represented indigent people on appeal, there were plenty who accused me of wasting tax money representing bad people.My clients were not always likable (to say the least).5/
(DIR) Post #ATa2oj9dd5kesG1tC4 by amyedge@toad.social
2023-03-13T17:54:46Z
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@Teri_Kanefield I usually ask people how they would want their child to be treated. Would they want a capable defense for their child. That usually gets a response of my kid would never......to which I respond anyone can become addicted or mentally ill or a number of other things that can lead a person's behavior to change.
(DIR) Post #ATa4C0g2kM7DpmqvDs by peatbog@med-mastodon.com
2023-03-13T18:10:13Z
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@Teri_Kanefield Defending clients while remembering the public's need for justice reminds me of the MD oath to remember "special obligations to all my fellow human beings" while caring for individual patients. Sometimes the two duties conflict and that sucks.Conflicting duties can be externalized with different parties advocating for one side or the other. But litigation is itself a punishment so meh, I dunno how to escape the misery of inner conflict everywhere it happens.
(DIR) Post #ATa4DdkowcwvJqrfBw by Burnt_Veggies@mstdn.social
2023-03-13T18:10:30Z
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@Teri_Kanefield @bizcad I was arrested once many years ago for being with someone who committed a crime and my name was brought up during questioning. When I got arrested, I refused to answer any questions other than my name. They tried to intimidate me, but I refused to give in. I did hire a lawyer and my charges were dropped.
(DIR) Post #ATa4v5paQnUOqloVdo by patmikemid@sfba.social
2023-03-13T18:18:22Z
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@Teri_Kanefield @bizcad - I think it's important to also tell your minor children that if they are ever pulled into questioning by law enforcement at school, they say, "I want my parents here" and nothing else.
(DIR) Post #ATa4vatCxNo1AykL5c by meredithw@wandering.shop
2023-03-13T18:18:28Z
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@Teri_Kanefield I try to always remember John Adams stepping up to defend the British defendants after the Boston Massacre.
(DIR) Post #ATa5IhNWzqvlxhwmAK by Teri_Kanefield@law-and-politics.online
2023-03-13T18:22:40Z
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@patmikemid @bizcad That is better advice for a child. It's less abstract than "I want a lawyer" and more believable than "I have a right to remain silent."
(DIR) Post #ATa6yZEflINcp9KdSC by TruthSandwich@toad.social
2023-03-13T18:41:24Z
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@Teri_Kanefield @PaulDitz You can combine the two without even being hostile."I'd love to help, but I'm not going to speak without my lawyer present."And then shut up and stay shut.
(DIR) Post #ATa7lfPDbtVW9Lg2VM by richard_merren@mastodon.social
2023-03-13T18:50:17Z
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@Teri_Kanefield The other lesson here is that it is easier for rich people to stay out of jail because they can do things like hire law professors to conduct practice sessions. Though the lawyers that get hired by Trump have a nasty habit of ending up investigated, indicted, or in jail, so maybe they won't rush to his side here...
(DIR) Post #ATa8UbS39vAGuuQdiC by Retreival9096@tech.lgbt
2023-03-13T18:12:09Z
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@failedLyndonLaRouchite @Teri_Kanefield Well, when you know that an officer involved in the OJ investigation planted evidence at the scene (OJ's blood came from a vial the police had collected, for example), and that the officer bragged about strangling 12 black men to death, and was generally a racist who used his police powers (all documented during the trial), then maybe you might think about it a bit differently.But that's now how us white folks learned the story ...
(DIR) Post #ATa8UcGO8lQlR1yqAq by Teri_Kanefield@law-and-politics.online
2023-03-13T18:58:23Z
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@Retreival9096 @failedLyndonLaRouchite So . . . OJ should not get a defense?Do you hear yourself?The public should decide based on the evidence, and "we" (the public) decide the guy is really really bad, we will dunk on his defense lawyers because nobody should defend him.
(DIR) Post #ATa8Wvo0SCI2choCvY by Teri_Kanefield@law-and-politics.online
2023-03-13T18:58:51Z
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@Retreival9096 @failedLyndonLaRouchite Sometimes I really want to quit social media.
(DIR) Post #ATa8glDwePtahVd1PM by Teri_Kanefield@law-and-politics.online
2023-03-13T19:00:38Z
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@richard_merren You are talking to a person who dedicate her life to representing indigents.The lesson here is that "liberals" are often hypocrites who actually think that only people they like should get defense lawyers.Right now I feel like quitting social media.
(DIR) Post #ATa8kZ9VTUZYQ5MoFs by Teri_Kanefield@law-and-politics.online
2023-03-13T19:01:18Z
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@richard_merren Public defenders also do practice sessions.The comments I got after posting that story make me ill..
(DIR) Post #ATa8xeqnbG5HrCrKpU by Retreival9096@tech.lgbt
2023-03-13T19:03:40Z
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@Teri_Kanefield @failedLyndonLaRouchite Sorry if I came across saying that -- I meant that the defense he got wasn't just "getting him off the hook," but was justice being done.And by that I also don't mean to say that "truly guilty" people should not get a defense -- because that begs the question of who gets to decide guilty.In OJ's case, it was not (in spite of the man's best efforts) the policeman "gathering evidence", but a jury who was fortunate to be shown exactly what that evidence actually stood for.
(DIR) Post #ATa9DV25s0be2bhDlo by Teri_Kanefield@law-and-politics.online
2023-03-13T19:06:33Z
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@richard_merren Also Richard, you are talking to a person who only represented people who could not afford to pay.The lesson here is somewhat different than you think.
(DIR) Post #ATa9wQl4bqNrob9y2C by Retreival9096@tech.lgbt
2023-03-13T19:09:37Z
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@Teri_Kanefield @failedLyndonLaRouchite (that is to say, the evidence actually pointed to a bad police officer, not OJ's guilt)
(DIR) Post #ATa9wRJ6ZJbdW9594y by Teri_Kanefield@law-and-politics.online
2023-03-13T19:14:40Z
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@Retreival9096 @failedLyndonLaRouchite Sorry I was touchy
(DIR) Post #ATaBTJ8W4I7LgdMkCW by Zuckey78@dmv.community
2023-03-13T19:31:45Z
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@Teri_Kanefield @richard_merren Teri - Thank you for all you do. I appreciate your time and all of your posts! Thank you. Thank you. Thank you.
(DIR) Post #ATaCaDeSxU1QepAa6S by Hey_Beth@sfba.social
2023-03-13T19:44:15Z
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@Teri_Kanefield @podkaynelives @failedLyndonLaRouchite My mom knew Johnnie Cochran, and he was a very kind man. She worked in a small shop, and whenever he and his wife were town visiting, he made it a point to stop in to say hello to her. It is hard to separate Cochran from Simpson, and that is a shame because Cochran fought some very important battles that made a difference.
(DIR) Post #ATaDu6x7fubtctwfY0 by KatM@mastodon.social
2023-03-13T19:59:01Z
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@Teri_Kanefield People seem to forget if they get arrested for protesting an oil pipeline or, nowadays, for being caught taking an abortion pill in TX, they’re going to need an excellent criminal defense attorney. @Hey_Beth
(DIR) Post #ATaE7otzaDA3hL1Ag4 by CritToNC@mstdn.social
2023-03-13T20:01:31Z
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@Teri_Kanefield I strongly recommend your book "Guilty?" to anyone interested in this example and discussion. Very good and fairly easy to understand.
(DIR) Post #ATaFFlRwP2gzGGFVa4 by Teri_Kanefield@law-and-politics.online
2023-03-13T20:14:10Z
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@CritToNC Thanks for reading it!
(DIR) Post #ATaHC1H5p8Ev5kW7pA by timo21@mastodon.sdf.org
2023-03-13T20:35:54Z
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@Teri_Kanefield @PaulDitz The comedian Kathleen Madigan has a bit about "I do not recall, I need an attorney.."https://www.youtube.com/watch?v=MP5NHZi0uD0
(DIR) Post #ATaIG1w1PYNEFf8ajQ by richard_merren@mastodon.social
2023-03-13T20:47:48Z
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@Teri_Kanefield Thanks...you are giving me more hope for the system...
(DIR) Post #ATaOtGL4OHgdwYwbVQ by Teri_Kanefield@law-and-politics.online
2023-03-13T22:02:09Z
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@richard_merren That is not my intention. I don't peddle "hope."I do try to help people learn. I'll tell you what. How about if I give you a page to read so you know where I am coming from.Let me know what you think after you read it all. We may be best blocking each other. Or not. Depending on how you respond after you read.https://terikanefield.com/frequently-asserted-rage-inducing-simplifications/
(DIR) Post #ATaPisxgYFxYUzccy0 by Hey_Beth@sfba.social
2023-03-13T20:34:34Z
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@KatM @Teri_Kanefield This! 100%!
(DIR) Post #ATaPivSbGHsQFS6LQm by Teri_Kanefield@law-and-politics.online
2023-03-13T22:11:28Z
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@Hey_Beth @KatM When liberals start trashing defense lawyers I feel sort of stunned.
(DIR) Post #ATaQL3Ab2u7hABrLZg by thesteelrat@mstdn.social
2023-03-13T22:18:22Z
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@Teri_Kanefield I assume saying "I want a lawyer" also means they will get your a public defender, and you have to trust you get one that will be an advocate for you and not Law Enforcement. since most of us hourly wage slaves do not have lawyers even in our contacts list on our phones
(DIR) Post #ATaQwDsYC2HL5i8yxc by richard_merren@mastodon.social
2023-03-13T22:25:06Z
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@Teri_Kanefield I'm sorry if I have offended you. It was entirely unintentional and I'm not trying to argue with you about anything. I will happily take a look at what you linked here.
(DIR) Post #ATaQz4u61DgY7lEDRY by Teri_Kanefield@law-and-politics.online
2023-03-13T22:25:37Z
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@thesteelrat It means the police will wait to question you until you have a lawyer. They don't bring their own in.
(DIR) Post #ATaSefnnps5MOEgNs0 by Hey_Beth@sfba.social
2023-03-13T22:44:19Z
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@Teri_Kanefield @KatM The justice system does not work without defense attorneys. I realized that after seeing The Exonerated. Defense attorneys may be defending people we consider beyond redemption, but, ultimately, they are defending the justice system.
(DIR) Post #ATaT65UQREhBsQguga by Teri_Kanefield@law-and-politics.online
2023-03-13T22:49:18Z
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@Hey_Beth @KatM While I was practicing, I was talking to an FBI agent who told me that they all appreciate good defense lawyers who keep them "honest."
(DIR) Post #ATaTDypx3bTBYnWVd2 by Teri_Kanefield@law-and-politics.online
2023-03-13T22:50:44Z
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@richard_merren Well, when you tell a public defender that the rich buy their way out of trouble because they get the GOOD lawyers, what do you expect? 😂 Also, it's not true. In most cities in California, except the 2 major metro areas, the public defenders will be better than whoever people can hire.
(DIR) Post #ATaTxdtjExcbwK403c by halfcocked@mstdn.social
2023-03-13T22:58:57Z
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@Teri_Kanefield the...DOJ? Surely there is a better way to refer to OJ's defense than DOJ.
(DIR) Post #ATaU4K8x5Ln4hQN0GO by halfcocked@mstdn.social
2023-03-13T23:00:10Z
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@Teri_Kanefield I advise not engaging in a low-speed chase with the police while your hostage-driver calls the police and tells the police what you are saying.
(DIR) Post #ATaUAYQKu73Cj7TKwy by Teri_Kanefield@law-and-politics.online
2023-03-13T23:01:19Z
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@halfcocked Well that was a silly error. I must have been typing OJ defense team . . . ? I fixed it.
(DIR) Post #ATaUELn9oLwEhwxNeC by Teri_Kanefield@law-and-politics.online
2023-03-13T23:02:00Z
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@halfcocked I had a client call 911 and announce the crime he planned to commit. Then he did it.A defense lawyer's nightmare.
(DIR) Post #ATaUKkiG4IuTjiiZd2 by halfcocked@mstdn.social
2023-03-13T23:03:04Z
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@Teri_Kanefield when I was clerking, there was a similar issue on a 2254. It was not the most difficult to resolve.
(DIR) Post #ATaYy5PRS8Dh2Hvb8q by richard_merren@mastodon.social
2023-03-13T23:10:48Z
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@Teri_Kanefield @Teri_Kanefield I have read this before and it is very good. I assume you are chiding me for offering a variation on #1, which is fair and and all I meant in my "hope" comment was that your response led me to believe that I was not correct. If I was not clear before, I only meant to defer to your expertise. 1/2
(DIR) Post #ATaYy611CQHGupVbiC by richard_merren@mastodon.social
2023-03-13T23:27:21Z
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@Teri_Kanefield It is difficult to sit in Texas and not believe that the rich and powerful live by different rules, so please forgive me my assumptions in an area where you clearly have greater expertise. If you feel you have to block me for that, it is your prerogative though I think it's a bit harsh.2/2
(DIR) Post #ATaYy6WvHnnYVmR5RQ by Teri_Kanefield@law-and-politics.online
2023-03-13T23:55:00Z
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@richard_merren I dislike inaccuracy and falsehoods no matter who says them or why.The rich live by different rules" is literally false.There is no criminal code in this country I know of which says, "This particular crime applies only to people under a particular income."So the statement is literally false. Accuracy matters because naive people think it is literally true. They think there are literally two sets of rules.I won't block, but I won't respond any more.
(DIR) Post #ATaYzCrVEIfGRIaTxY by KatM@mastodon.social
2023-03-13T23:55:11Z
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@Teri_Kanefield That’s really saying something.@Hey_Beth
(DIR) Post #ATaZP73lQOjHyOfx2W by Retreival9096@tech.lgbt
2023-03-13T23:59:55Z
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@Teri_Kanefield @failedLyndonLaRouchite I fully understand. When you work so hard on something, and so many people just give you hate -- it's very easy to get touchy.Keep up your good work, and know that it is deeply appreciated, even when you don't hear that nearly often enough.
(DIR) Post #ATaZQ3fLWpFpjkhmfg by Teri_Kanefield@law-and-politics.online
2023-03-14T00:00:02Z
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@KatM @Hey_Beth It's been a few decades. Thinking back he didn't say "all" but he said he appreciated good defense lawyers and implied that the attitude was common in his office.
(DIR) Post #ATaa7cPSECQfwd2jOS by KatM@mastodon.social
2023-03-14T00:07:56Z
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@Teri_KanefieldHe likely had some people in mind when he said that. @Hey_Beth
(DIR) Post #ATackm2AZuYOzpwyYK by pgn2655@mindly.social
2023-03-14T00:37:29Z
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@Teri_Kanefield Indeed. The attorney from South Carolina, Murdaugh, just found that out, though I think he would have been convicted even if he had not testified.
(DIR) Post #ATaczJtVU1Zq4ApnHM by Teri_Kanefield@law-and-politics.online
2023-03-14T00:40:06Z
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@richard_merren Of course some laws are targeted toward certain communities. Some prosecutors which target particular communities.So you can say "there are law that are targeted unfairly toward certain communities" and that would be accurate. Or you can say, "There are prosecutors who target particular communities."The truth, as always, is nuanced.All-or-nothing thinking is characteristic of right-wing authoritarians so we must strive to be better.Thank you for coming to my Ted Talk.
(DIR) Post #ATaiMcSP8HgA4M5RYW by Gilda@mastodon.world
2023-03-14T01:40:20Z
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@Teri_Kanefield under the United States constitution my understanding of the right to legal defense is that even the most repulsive human being deserves a strong defense, because we believe in justice, not vengeance, and we trust judges and juries to take great care to be fair.
(DIR) Post #ATamoCrKIZogbT9bX6 by Axomamma@mastodon.online
2023-03-14T02:30:08Z
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@Teri_Kanefield "But once you say you want a lawyer, nothing you say after that can be used."That comes with a huge asterisk: There will be at least one hearing, possibly many more, where the prosecutor and your attorney fight about what, if any, of your subsequent statements can be used. Even if they can't be used directly, you can bet the prosecution will look for a way to use your words to advance their case.Keep yer mouf shut except to say "I would like a lawyer."
(DIR) Post #ATaognlbOPaCf74bkO by Teri_Kanefield@law-and-politics.online
2023-03-14T02:51:14Z
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@Axomamma Good point. Right.
(DIR) Post #ATdzDhn975hgp22lhg by DrAHM@mastodon.online
2023-03-15T15:33:21Z
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@Teri_Kanefield the fact that he was so sure he could charm them is a big data point. In my field we say -pay attention to charm! 🚨
(DIR) Post #ATe1ZfgfolsUZgcO4O by Teri_Kanefield@law-and-politics.online
2023-03-15T15:59:45Z
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@DrAHM Interesting.