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[Descan]

Why exactly is the evidence inadmissible?

My guess is because it can prove the cop is lying or somesuch. Nobody would care otherwise.

But if it can prove that the cop is lying, why not submit it? It could be the key to the whole case.

Or am I misunderstanding things again? D:

I think it'd be inadmissible because of how it was acquired, not what the evidence actually is.

[Truean]

Why exactly is the evidence inadmissible?

My guess is because it can prove the cop is lying or somesuch. Nobody would care otherwise.

But if it can prove that the cop is lying, why not submit it? It could be the key to the whole case.

Or am I misunderstanding things again? D:

I think it'd be inadmissible because of how it was acquired, not what the evidence actually is.

Admissibility of evidence goes off the Rules of Evidence, (whereby state evidence rules tend to track federal rules). It gets rather complex to say the least, (it is an entire full class in law school and there are countless appellate cases on subject). The rules  determine what is admissible and what is not as a matter of law. Without going into boring rule numbers:

Hearsay is an out of court statement said to prove the truth of the matter asserted. The problem is that the person (source) of the statement is not IN THE COURTROOM. This means they can’t be cross examined, which is a legit, major problem. There are well defined exceptions to the hearsay rule and if the statement in question meets one of these exceptions, then the statement is admitted into evidence.

Here, the statement in question was  from a person unrelated to the case that the alleged arresting officer had pulled over his car right after the arrest. There is no possible way that the officer could have arrested defendant and been on the other side of the jurisdiction to make a traffic stop. The math simply doesn’t add up, especially with traffic lights, etc. It is my personal, unsubstantiated belief that the officer let him go "with a warning" because he knew damn well he had no reason to stop him and was on a fishing expedition to find something.... An officer may have arrested defendant, this officer simply did not.

The problems with getting this guy into court to testify are primarily threefold. First, the guy has work I’m sure he’d love to explain to his boss why he can’t come in one day. Second, the officer let him off with a warning, I’m sure he wants to repay this kindness by ratting him out, especially given that he will have to deal with officer in the future. Third, even and especially  if I had a subpoena issued and forced him to appear, that doesn’t mean he’d willingly testify.

With no written evidence (no ticket written), and no willing witness I’m screwed. Additionally, the video from the squad car has not been made available to me, which is B.S.. I don't have the energy to appeal this either.

[Tellemurius]

what has the prosecutor presented to you for the defendant in deals?

[Truean]

what has the prosecutor presented to you for the defendant in deals?

Nothing, of course. 2012 is an election year. "Tough on crime."

People do not understand that they are not "entitled" to a plea deal. You are entitled to a trial. The prosecutor is the state's attorney; his job is not to help you. His job is to convict you. It certainly is the thinking around here....

[Vattic]

Had a stupid argument with my dad. It happens every so often. He makes a lot of sweeping generalisations and sometimes I fail to ignore them, challenge him, and we are both too stubborn not to have things escalate. Not responding would be the easy option but it's not so easy when he is generalising insultingly about groups which friends or even I fit into.

It's strange how he raised me to have a great distaste for sexism, racism, and other similar foul ideas and yet he often says things that make me think he is what he raised me not to be. We both have a fondness for controversial humour* but when he makes and then defends certain statements it isn't the same as when he tells me controversial jokes.

* It has to be cutting, sharp, and preferably satirical.

[Tellemurius]

what has the prosecutor presented to you for the defendant in deals?

Nothing, of course. 2012 is an election year. "Tough on crime."

People do not understand that they are not "entitled" to a plea deal. You are entitled to a trial. The prosecutor is the state's attorney; his job is not to help you. His job is to convict you. It certainly is the thinking around here....

Oh shit the state attorney, yea no way getting out of that one.

i guess colorado is cool on the low guys then. get convicted in colorado! enjoy our jails with scenic views of the mountains!

[Vector]

Hard rhetoric course - A-
Easy rhetoric course - A
German course - A
Logic - B+
Set theory - B

Unfortunately, these aren't grades to be proud of, so my parents didn't say much more than "hm" and "Well, those are pretty good grades" and "do you think you'd have gotten better grades if you'd have taken fewer courses" with a tone of bored dismissal in their voices.  Maybe next year I'll do something worthy of pride.  Right now, I feel like a spam sandwich.  A lonely one.

[Tellemurius]

Lol Logic and Set Theory, you should turn those on them and see what happens.

[Vector]

That would be the point where I'd be yelled at for being a hoity-toity little mathematician who emulates The Big Bang Theory too much.  Not happening... done it before, never talking to my parents about math again.

[Tellemurius]

Tell them that Big Bang Theory is bullshit and aren't real nerds.

[Nadaka]

Hard rhetoric course - A-
Easy rhetoric course - A
German course - A
Logic - B+
Set theory - B

Unfortunately, these aren't grades to be proud of, so my parents didn't say much more than "hm" and "Well, those are pretty good grades" and "do you think you'd have gotten better grades if you'd have taken fewer courses" with a tone of bored dismissal in their voices.  Maybe next year I'll do something worthy of pride.  Right now, I feel like a spam sandwich.  A lonely one.

But spam sandwiches are pretty good, and should never be alone. Chewed on perhaps, but not alone.

[Frumple]

Failure and dropout rate on those classes probably wouldn't mean anything, either, heh. I think my (undergrad) modern logic class lost 1/5th of the class and 15-20% of what was left didn't pass, or only scraped by with a low C. Considering it was only a step above introductory logic (which I've never taken, but still.)...

For college courses, especially if you're in higher undergrad or masters level, passing is to be proud of (if you're inclined toward pride, anyway). It's better than most of the population has managed.

[Truean]

Hard rhetoric course - A-
Easy rhetoric course - A
German course - A
Logic - B+
Set theory - B

Unfortunately, these aren't grades to be proud of, so my parents didn't say much more than "hm" and "Well, those are pretty good grades" and "do you think you'd have gotten better grades if you'd have taken fewer courses" with a tone of bored dismissal in their voices.  Maybe next year I'll do something worthy of pride.  Right now, I feel like a spam sandwich.  A lonely one.

You know what my mom told me right after I found out I passed the bar exam?

"That's great! Now you can finally get your head out of your ass!" I couldn't make this shit up if I tried. She tries to deny it, but she said it right in front of my dad....

Translation, you are doing great and don't let your parents get you down, even though I realize how hard that is.

[Gunner-Chan]

Honestly yeah, those are great grades. But I know how it can be to feel it's not enough. I've never pushed her at all for it and my daughter is a wreck whenever she gets a b. It's heartbreaking to see her think Ill be mad at her for something she's punishing herself for.

[Bauglir]

Hard rhetoric course - A-
Easy rhetoric course - A
German course - A
Logic - B+
Set theory - B

Unfortunately, these aren't grades to be proud of, so my parents didn't say much more than "hm" and "Well, those are pretty good grades" and "do you think you'd have gotten better grades if you'd have taken fewer courses" with a tone of bored dismissal in their voices.  Maybe next year I'll do something worthy of pride.  Right now, I feel like a spam sandwich.  A lonely one.

But spam sandwiches are pretty good, and should never be alone. Chewed on perhaps, but not alone.

Yeah, I could actually go for such a sandwich. They're pretty awesome. Although I am unsure if gnawing on Vector would work very well. Probably not. I choose not to attempt to find out.