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Prison or Not?


Texsox
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This should be an non-issue. It is very easy to determine if the browsing activity on a PC is intentional or not or redirected from spyware.

 

How many people have had a popup storm bomb their machine. You hit the wrong site, and it just bombs popup after popup. All it takes is one sextracker cookie, and a non-patched version of IE. The only way to shut this is to kill the browser by hitting control-alt-delete and killing the browser process and sometimes the spyware instance itself. Its understandable that she got startled and didnt know exactly what to do when this started to happen with her audience the age that they were.

 

The only way this would of sunk in to the jury is if they did a demonstration of how it works. Hopefully the appelate court will overturn this one.

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QUOTE(redandwhite @ Feb 14, 2007 -> 11:34 AM)
This is ridiculous. If anyone thinks she should go to jail at all, no less 40 years, they should be shot and killed.

They will if its judged by the same people who ruled in favor of the dumbass who burnt herself with hot coffee

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QUOTE(RockRaines @ Feb 14, 2007 -> 09:42 AM)
They will if its judged by the same people who ruled in favor of the dumbass who burnt herself with hot coffee

God I hate it so much when people cite that case as if it was a frivolous lawsuit. Please, take some time and actually learn about the merits of that case. 3rd degree burns. 700 other burn cases before a lawsuit finally was triggered, including burns which caused permanent disability.

Edited by Balta1701
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QUOTE(Balta1701 @ Feb 14, 2007 -> 11:48 AM)
God I hate it so much when people cite that case as if it was a frivolous lawsuit. Please, take some time and actually learn about the merits of that case. 3rd degree burns. 700 other burn cases before a lawsuit finally was triggered, including burns which caused permanent disability.

It was frivolous, even reading those blogs, the people are retarded. If you make hot soup in your microwave, you spill it on yourself placing it on your lap, do you sue the microwave company? can you sue yourself? If something is served hot, most likely it will be hot.

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QUOTE(RockRaines @ Feb 14, 2007 -> 09:50 AM)
It was frivolous, even reading those blogs, the people are retarded. If you make hot soup in your microwave, you spill it on yourself placing it on your lap, do you sue the microwave company? can you sue yourself? If something is served hot, most likely it will be hot.

If someone else buys a gun and shoots you with it, do you want them sued or going to jail, or do you laugh it off and say "oh, if I bought a gun and shot myself I can't just sue myself"?

 

Anyway, that's my last comment on this matter, I'll stop sidetracking this thread from this point.

Edited by Balta1701
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QUOTE(RockRaines @ Feb 14, 2007 -> 11:50 AM)
It was frivolous, even reading those blogs, the people are retarded. If you make hot soup in your microwave, you spill it on yourself placing it on your lap, do you sue the microwave company? can you sue yourself? If something is served hot, most likely it will be hot.

 

If the world serves coffee at 150 degrees and one company sells it at 180 degrees, isn't that a substantial difference? She had a reasonable expectation that this was "normal" coffee, not superheated.

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QUOTE(Texsox @ Feb 14, 2007 -> 01:07 PM)
If the world serves coffee at 150 degrees and one company sells it at 180 degrees, isn't that a substantial difference? She had a reasonable expectation that this was "normal" coffee, not superheated.

 

What is the industry standard for coffee temperature?

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QUOTE(southsider2k5 @ Feb 14, 2007 -> 01:52 PM)
What is the industry standard for coffee temperature?

 

 

 

IIRC, 130ish. The coffee that burned Liebeck was "at or about 190 degrees" per McDonalds admission, FYI.

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QUOTE(Balta1701 @ Feb 14, 2007 -> 11:59 AM)
If someone else buys a gun and shoots you with it, do you want them sued or going to jail, or do you laugh it off and say "oh, if I bought a gun and shot myself I can't just sue myself"?

 

Anyway, that's my last comment on this matter, I'll stop sidetracking this thread from this point.

 

Unless a mcdonalds employee threw the cup of coffee at her, I just don't see your example...

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QUOTE(southsider2k5 @ Feb 14, 2007 -> 01:52 PM)
What is the industry standard for coffee temperature?

 

According to the testimony during the trial, most places serve around 155 degrees. At that temperature it does not scald. At 180 it does. And McDonalds knew of the danger. That's why the jury sided against McDonalds.

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My guess is that some high powered law firm takes the case Pro Bono now and wins at the appellate level.

 

She probably did not have alot of money to hire a defense attorney and most likely thought that this was an open and shut case. It could be hard though because most likely its statutory and probably poorly written so that there is no knowledge requirements etc.

 

Kind of like the case where a 18 year old boy has sex with his 17 year old girlfriend. And eventhough the girl comes to court and says its consensual, the law says that consent does not matter so the jury is forced to convict. Its a hard place for a juror to be because your supposed to enforce the law, regardless of whether you think that its stupid.

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QUOTE(Soxbadger @ Feb 14, 2007 -> 03:00 PM)
My guess is that some high powered law firm takes the case Pro Bono now and wins at the appellate level.

 

She probably did not have alot of money to hire a defense attorney and most likely thought that this was an open and shut case. It could be hard though because most likely its statutory and probably poorly written so that there is no knowledge requirements etc.

 

Kind of like the case where a 18 year old boy has sex with his 17 year old girlfriend. And eventhough the girl comes to court and says its consensual, the law says that consent does not matter so the jury is forced to convict. Its a hard place for a juror to be because your supposed to enforce the law, regardless of whether you think that its stupid.

Aren't juries allowed (if they know about it) to participate in jury nullification?

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Jury nullifications are very rare for 2 reasons:

 

1) Judges can not instruct the Jury about jury nullification (US v. Moylan)

 

2) Attorneys can not argue for the jury to disregard the law. (Edit: They can argue a law is unconstitutional, but they cant just tell the jury to "disregard the law" because its foolish/etc.)

 

So it takes an extremely rare jury to have heard of nullification, and an extremely strong person to convince the entire jury to go for it.

Edited by Soxbadger
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QUOTE(SoxFan101 @ Feb 14, 2007 -> 03:31 PM)
Idonno, I know Jurors are apposed to consider the law when they are ruling guilty or not guilty. But if it was me, I would have a hard time being convinced to send someone to jail for having sex with a girl one year younger than him.

 

 

 

The age of sexual consent in Connecticut is 16.

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