Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘legal proceeding’

… Harvard should be Ashamed [#Sexual Harassment Policy]…

Posted by paulfromwloh on Wednesday,April 20th,2016

.. the College has adopted a new policy .

.. like many colleges and universities , it has turned the notion of due process into an obscene joke . Anyone who is accused is inserted into , in effect , the ” star chamber ” process . It will be next to impossible for anyone [guilty or innocent alike] to defend themselves …

.. [h/t — m.NationalReview.com]..
.. [link] to the commentary …

.. 25 Harvard Law professors came out with a signed letter in the Boston Globe , roundly condemning the policy . They strongly advocate that the college start all over again , and derive a new and fairer policy , one that gives people who are accused a fair shot to defend themselves …

.. I highly concur . I have seen university disciplinary procedures in action , They are no fun . At least , not guilty or guilty , an accused person should have the right to defend themselves . Even more important . they should have the presumption of innocence , and their guilt beyond a reasonable doubt must be proven …

.. this needs to be done , because a proceeding , especially with a state school , can easily find itself hauled into court . A judge will measure the proceeding , and ask : was the process fair ? was the judgement fair ? …

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Posted in legal opinion, legal question, personal opinion, rule of law | Tagged: , , , , , , , , , | Leave a Comment »

… There is the Possibility for Witness Tampering [#bergdahl]…

Posted by paulfromwloh on Tuesday,June 10th,2014

.. I do agree , there is some possibility for witness tampering in the Bergdahl case …

.. that presumes that the ObamaCraps have someone who is in the know on the inside of the investigation . That will not be easy . With this White House , they will have every incentive to try to meddle . They have already totally botched the handling of this case as it is . So , there is motive ..

.. however , I do believe in the professionalism of JAG Corps . Especially in the JAG HQ . That is an honor posting . No , you are not generally going to find any ” Harmon Rabb ” types in the military services . That kind of colourful personality just would not be tolerated . A little bit of a personality , well , yes …

.. [h/t — NiceDeb]..
.. [link] to the show segment …

.. in the military services , there are offenses that in a civilian would be moral offenses . In the military [under the U.C.M.J. , or Uniform Code of Military Justice] these offenses would be considered crimes , punishable by many different types of punishment , including dismissal from the service , as well as confinement [jail] , and others ….

.. in this case , the one that Dr. Krauthammer is worried about would be considered ” Unlawful Command Influence . ” If it is a civilian that does it , then the military judge has to consider whether the rights of the accused have been violated . If it is someone in uniform , especially an officer , then , it is a crime , and the same judgement would have to be made .

..Even if Bergdahl is guilty as sin , if his rights are violated by anyone , then he could well be set free as a result . What might have been done would have been considered to be prosecutorial misconduct . Then , double jeopardy atttaches , Bye – bye case ..

Posted in Investigative, law enforcement, legal info, legal opinion, personal opinion | Tagged: , , , , , , , , , , , , , , , , | Leave a Comment »

… Asset Seizure / Forfeiture [#I.R.S.] …

Posted by paulfromwloh on Monday,February 3rd,2014

.. unfortunately , the I.R.S. can pull stunts like this , on very little evidence , or even no evidence at all …

.. the I.R.S. , ideally , should be able to show some sense of illegality involved . They do not have to under the Internal Revenue Code …

.. [h/t — HotAir.com]…
.. [link] to the blog news …

.. you see this a great deal more these days , by many law enforcement agencies . AT least they are supposed to have some legal finding that can be presented in court . The I.R.S. generally does not have to do so …

.. the burden of proof in a proceeding against the I.R.S. is against you . you have to prove that the funds seized were gained as a result of a lawful enterprise . Ditto any non – cash asset seized . They do not have to do so , until you have met the burden of proof …

.. there are times like this that you can fight with a C.P.A. . In order to fight with the I.R.S. in a pissing match like this , you really need a tax specialist who is a lawyer , or , better yet , a tax lawyer ….

.. God Bless , and Good Luck ! …

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