It's not circular, its based on an arbitrarly, but not randomly, crafted bright line rule there is a huge difference.
It's not circular, its based on an arbitrarly, but not randomly, crafted bright line rule there is a huge difference.
In "statutory" rape, there is no consent, because a party is legally unable to consent. In "forcible" rape there is no consent because there is coercion, fraud, violence, or use of drugs. However, those are both laymen terms.
In VA, the 14 year old would go to prison for rape. However, the mandatory life imprisonment would not apply unless the offender was 18. If the offender is 10-12, the state would have to prove capacity to commit rape. If the offender is less than 10, he or she is not guilty.
In the likely state of occurrence, anyone can commit what you are referring to as "statutory rape" (which is the exact same crime as regular rape). However, if offender is above 18, there is mandatory life imprisonment plus forty years. If the offender is 12-18 there is some sentencing discretion. If the offender…
I couldn't disagree more. Justices and Judges are not supposed to be a representative of the people, or even be their peers, that's why we have juries. Judges and justices are are our silent nod to aristocracy and rule by elites. That is why we call them Your Honor, and pay a level of deference to them that is…
Quick correction. He doesn't represent anyone. He is a judge, he has no constituency. He represents the government of the US, not its electorate.
If I had to guess, in some cases (and this applies more to Lena than to Diablo), the creators try to use our desire for a better, more diverse world in order to garner viewership. If Entourage wants to attract 20-30 year old dudebros through a combination of misogyny and racism, it sucks and shows how f'ed up the…
I think they could prosecute a crime that committed out of state, I am pretty sure that I remember a case with NY prosecuting people for crimes that are felt in NY but committed in NJ. The only issue is providing the defendant with reasonable notice and opportunity to be heard. Unless they trick them into entering…
I am only going to answer the last questions cause my brain hurts, but I plan to swing back and answer the rest, since this is strangely fun: the victim can sue anywhere, since the act of filing is a consent to jurisdiction, the defendant would only be bound if 1)he was served in the state where it was filed, 2) he…
Also, the fact that we are both operating on what I suspect is 1/30 of our brain power on incomplete memories gives me a great idea.
I don't know, my reading of the plurality was that "essentially at home," the standard from that steel case involving WWII and the Philippines was back as the only non-presence based source of general jurisdiction, and "purposeful, directed availment," one step up from Purposeful Availment Plus (TM) from Asahi, was…
You do know that criminal records are already publicly available.
Check you Goodyear and McIntyre. The world (of Civ Pro) it is a-changing.
Every Monday night all the smokers at the tables would try and belt out the fight song. RED TEAM UPSTREAM. It always just ended up in five minutes of R...U, R.....U
The only reason I got a higher education, picked a safer career then my old one, quit using chewing tobacco, and shower regularly is utter fear of the old lady. And I used to make a living carrying a gun in countries where most people wanted me out and many wanted me dead.
Truth moment. My female partner is finishing up training to be in a very lucrative career. I (male) am in a field that is divided between making a boatload of cash and creating no external value or being a force of good in peoples lives and making barely nothing.
I shit on someone for being so intellectually lazy that they not only based their opinions on as little research as a google image search, but also ask questions by adding question marks onto the end of declarative sentences so they can weasel out of making a definite statement of either fact or opinion.
Your facts are a bit misleading on this. Starbucks has not become a hang out of NRA-types not because it's liberal, but instead because it is famously hands off on gun policy, deferring to state law. Many other businesses in the past have banned firearms even when the state (e.g. Peets Coffee). It was actually a…
If its concealed, it can't be visible, even by silhouette, to a passerby.
Then change the Constitution, but don't pretend it says something it clearly does not say. Maybe I am biased by being 1) a historically-targeted minority and 2) being pretty invested in this whole rule of law situation. But the idea of popular sentiment actually trumping what is written (not merely tainting its…