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Read the rules in the OP before posting, please.

In order to ensure that this thread continues to meet TL standards and follows the proper guidelines, we will be enforcing the rules in the OP more strictly. Be sure to give them a re-read to refresh your memory! The vast majority of you are contributing in a healthy way, keep it up!

NOTE: When providing a source, explain why you feel it is relevant and what purpose it adds to the discussion if it's not obvious.
Also take note that unsubstantiated tweets/posts meant only to rekindle old arguments can result in a mod action.
Plansix
Profile Blog Joined April 2011
United States60190 Posts
October 13 2016 20:02 GMT
#111041
On October 14 2016 05:00 xDaunt wrote:
Who remembers the time that Schwarzenegger got in trouble for fucking the nanny? Anyone remember what the biggest surprise regarding the whole affair was?

That it wasn’t a defamation case against the New York Times?
I have the Honor to be your Obedient Servant, P.6
TL+ Member
OuchyDathurts
Profile Joined September 2010
United States4588 Posts
October 13 2016 20:02 GMT
#111042
That still assumes the other attorney isn't an idiot who fails to point out that rape has little to nothing to do with attractiveness and more to do with power. I mean yeah you can take that shot but that's certainly not the odds on play.
LiquidDota Staff
xDaunt
Profile Joined March 2010
United States17988 Posts
October 13 2016 20:03 GMT
#111043
On October 14 2016 05:02 OuchyDathurts wrote:
That still assumes the other attorney isn't an idiot who fails to point out that rape has little to nothing to do with attractiveness and more to do with power. I mean yeah you can take that shot but that's certainly not the odds on play.

Good luck getting the average juror to accept the intellectual argument.
PassiveAce
Profile Blog Joined February 2011
United States18076 Posts
October 13 2016 20:07 GMT
#111044
On October 14 2016 05:03 xDaunt wrote:
Show nested quote +
On October 14 2016 05:02 OuchyDathurts wrote:
That still assumes the other attorney isn't an idiot who fails to point out that rape has little to nothing to do with attractiveness and more to do with power. I mean yeah you can take that shot but that's certainly not the odds on play.

Good luck getting the average juror to accept the intellectual argument.

trumps campaign messaging in a nutshell
Call me Marge Simpson cuz I love you homie
OuchyDathurts
Profile Joined September 2010
United States4588 Posts
Last Edited: 2016-10-13 20:09:36
October 13 2016 20:08 GMT
#111045
On October 14 2016 05:03 xDaunt wrote:
Show nested quote +
On October 14 2016 05:02 OuchyDathurts wrote:
That still assumes the other attorney isn't an idiot who fails to point out that rape has little to nothing to do with attractiveness and more to do with power. I mean yeah you can take that shot but that's certainly not the odds on play.

Good luck getting the average juror to accept the intellectual argument.


You also assume you have to make that argument and they didn't come into jury duty already understanding that its a power dynamic thing. That one of those 12 jurors doesn't believe that to start with seems an unbelievable long shot. That one of those 12 can't be convinced of that argument an even longer shot. Yeah you can do it but man that's some playing with fire. If you've got literally nothing else though you gotta do what you gotta do, but you should buy a powerball and mega millions ticket beforehand.
LiquidDota Staff
WolfintheSheep
Profile Joined June 2011
Canada14127 Posts
October 13 2016 20:08 GMT
#111046
On October 14 2016 04:56 Thieving Magpie wrote:
Show nested quote +
On October 14 2016 04:49 WolfintheSheep wrote:
On October 14 2016 04:45 xDaunt wrote:
On October 14 2016 04:42 WolfintheSheep wrote:
On October 14 2016 04:40 xDaunt wrote:
On October 14 2016 04:39 Doodsmack wrote:
On October 14 2016 04:28 xDaunt wrote:
On October 14 2016 03:31 BallinWitStalin wrote:
On October 14 2016 03:21 xDaunt wrote:
On October 14 2016 03:20 Mohdoo wrote:
[quote]

Arguing she's not pretty enough to be sexually assaulted. A+ response, Donald. You idiot.

You really think that other people aren't running through the same math?


You really think that matters in cases of sexual assault?

As a lawyer? Would this be your defense, if you were defending someone accused of this in court?

Depending on the case, yep, I definitely could see myself making that argument in defense of a client accused of sexual assault.


Not hard for a halfway competent opposition to wreck you on that. If you had an all male jury you might have a hail mary shot.

Like I said, depending upon the case.

So basically in the perfect case where you have the perfect jury who will let you get away with anything you want.

And not, say, as a defence to the entire voting population.


No, it wouldn't have to be the perfect case. What matters is whether the facts support the plausibility of such a narrative. We very rarely, if ever, deal with absolutes regarding facts at trial. And for the record, attorneys generally can't gameplan their themes based upon presumptions of who is going to be on the jury. Though you can demographically make some general predictions of who is likely to be available on the venire, you really don't know who the fuck you're going to get until you get to trial.

Okay then.

Describe the circumstances where you would defend your client by implying (and opening yourself up to the prosecution's followup on) the idea that your client would indeed sexually assault someone, just not this particular plaintiff.


Although what he said was disgusting and deplorable--that wasn't actually what XDaunt was saying.

The evidence had is that Trump having a recording of him saying he goes after pretty women. Trumps defense is that accuser is not pretty, hence does not fit the description of the evidence.

Still shitty, but its a different thing than what you're framing.

This would all fall under character evidence, which is relevant but is not what people go to trial for.

Just like saying "I would sexually assault hot women" is not evidence that he assaulted every hot woman he came across, it's not a defence against him assaulting one particular woman who isn't "hot".

So basically this line of defence would only confirm the character evidence, and do nothing to refute the direct case evidence.
Average means I'm better than half of you.
zlefin
Profile Blog Joined October 2012
United States7689 Posts
October 13 2016 20:10 GMT
#111047
On October 14 2016 05:08 OuchyDathurts wrote:
Show nested quote +
On October 14 2016 05:03 xDaunt wrote:
On October 14 2016 05:02 OuchyDathurts wrote:
That still assumes the other attorney isn't an idiot who fails to point out that rape has little to nothing to do with attractiveness and more to do with power. I mean yeah you can take that shot but that's certainly not the odds on play.

Good luck getting the average juror to accept the intellectual argument.


You also assume you have to make that argument and they didn't come into jury duty already understanding that its a power dynamic thing. That one of those 12 jurors doesn't believe that to start with seems an unbelievable long shot. That one of those 12 can't be convinced of that argument an even longer shot. Yeah you can do it but man that's some playing with fire.

I think you're counting the wrong way; you only need to get one juror to vote not guilty, as long as one person buys the argument you're in decent shape as a defender.
Great read: http://shorensteincenter.org/news-coverage-2016-general-election/ great book on democracy: http://press.princeton.edu/titles/10671.html zlefin is grumpier due to long term illness. Ignoring some users.
xDaunt
Profile Joined March 2010
United States17988 Posts
October 13 2016 20:14 GMT
#111048
On October 14 2016 05:00 xDaunt wrote:
Who remembers the time that Schwarzenegger got in trouble for fucking the nanny? Anyone remember what the biggest surprise regarding the whole affair was?


Alright, I'll answer my own question. The most surprising thing was that Arnold, a dude who could have anyone he wanted, had an affair with a woman who looked like this:

[image loading]

And this surprising revelation was discussed quite a bit at the time. So don't tell me that the argument that a woman can be too ugly for a guy to sexually assault doesn't potentially have some juice.
Plansix
Profile Blog Joined April 2011
United States60190 Posts
October 13 2016 20:17 GMT
#111049
On October 14 2016 05:10 zlefin wrote:
Show nested quote +
On October 14 2016 05:08 OuchyDathurts wrote:
On October 14 2016 05:03 xDaunt wrote:
On October 14 2016 05:02 OuchyDathurts wrote:
That still assumes the other attorney isn't an idiot who fails to point out that rape has little to nothing to do with attractiveness and more to do with power. I mean yeah you can take that shot but that's certainly not the odds on play.

Good luck getting the average juror to accept the intellectual argument.


You also assume you have to make that argument and they didn't come into jury duty already understanding that its a power dynamic thing. That one of those 12 jurors doesn't believe that to start with seems an unbelievable long shot. That one of those 12 can't be convinced of that argument an even longer shot. Yeah you can do it but man that's some playing with fire.

I think you're counting the wrong way; you only need to get one juror to vote not guilty, as long as one person buys the argument you're in decent shape as a defender.

Except we don’t know if we are talking about a civil or criminal case, both with have very different rules on burden of proof, evidence and so on. It also depends on the states.

This is why the “It depends on the case” excuse is always viable without clear facts. But it also doesn’t make every argument applicable to the majority of cases.
I have the Honor to be your Obedient Servant, P.6
TL+ Member
Doodsmack
Profile Blog Joined August 2010
United States7224 Posts
October 13 2016 20:22 GMT
#111050
On October 14 2016 05:14 xDaunt wrote:
Show nested quote +
On October 14 2016 05:00 xDaunt wrote:
Who remembers the time that Schwarzenegger got in trouble for fucking the nanny? Anyone remember what the biggest surprise regarding the whole affair was?


Alright, I'll answer my own question. The most surprising thing was that Arnold, a dude who could have anyone he wanted, had an affair with a woman who looked like this:

[image loading]

And this surprising revelation was discussed quite a bit at the time. So don't tell me that the argument that a woman can be too ugly for a guy to sexually assault doesn't potentially have some juice.


Interesting that Arnold was in fact willing to have sex with a supposedly ugly woman.
Rebs
Profile Blog Joined February 2011
Pakistan10726 Posts
Last Edited: 2016-10-13 20:25:45
October 13 2016 20:23 GMT
#111051
On October 14 2016 05:14 xDaunt wrote:
Show nested quote +
On October 14 2016 05:00 xDaunt wrote:
Who remembers the time that Schwarzenegger got in trouble for fucking the nanny? Anyone remember what the biggest surprise regarding the whole affair was?


Alright, I'll answer my own question. The most surprising thing was that Arnold, a dude who could have anyone he wanted, had an affair with a woman who looked like this:

+ Show Spoiler +
[image loading]


And this surprising revelation was discussed quite a bit at the time. So don't tell me that the argument that a woman can be too ugly for a guy to sexually assault doesn't potentially have some juice.


Did you just try to say that Arnold having an affair with a less attractive women means that someone could claim that they found a women was too ugly to assault and hence could not have done it?

Isnt this further evidence that regardless of attractiveness someone with a proclivity for sexual assault could go for anyone?

I dont even....


Edit: tldr

Arnold had an affair with unattractive women therefore Trump could not have assaulted what he thought was an unattractive women.
brian
Profile Blog Joined August 2004
United States9636 Posts
October 13 2016 20:23 GMT
#111052
On October 14 2016 05:14 xDaunt wrote:
Show nested quote +
On October 14 2016 05:00 xDaunt wrote:
Who remembers the time that Schwarzenegger got in trouble for fucking the nanny? Anyone remember what the biggest surprise regarding the whole affair was?


Alright, I'll answer my own question. The most surprising thing was that Arnold, a dude who could have anyone he wanted, had an affair with a woman who looked like this:

[image loading]

And this surprising revelation was discussed quite a bit at the time. So don't tell me that the argument that a woman can be too ugly for a guy to sexually assault doesn't potentially have some juice.

I feel like your example is a counterpoint to your argument.
Thieving Magpie
Profile Blog Joined December 2012
United States6752 Posts
October 13 2016 20:29 GMT
#111053
On October 14 2016 04:59 Plansix wrote:
Show nested quote +
On October 14 2016 04:56 Thieving Magpie wrote:
On October 14 2016 04:49 WolfintheSheep wrote:
On October 14 2016 04:45 xDaunt wrote:
On October 14 2016 04:42 WolfintheSheep wrote:
On October 14 2016 04:40 xDaunt wrote:
On October 14 2016 04:39 Doodsmack wrote:
On October 14 2016 04:28 xDaunt wrote:
On October 14 2016 03:31 BallinWitStalin wrote:
On October 14 2016 03:21 xDaunt wrote:
[quote]
You really think that other people aren't running through the same math?


You really think that matters in cases of sexual assault?

As a lawyer? Would this be your defense, if you were defending someone accused of this in court?

Depending on the case, yep, I definitely could see myself making that argument in defense of a client accused of sexual assault.


Not hard for a halfway competent opposition to wreck you on that. If you had an all male jury you might have a hail mary shot.

Like I said, depending upon the case.

So basically in the perfect case where you have the perfect jury who will let you get away with anything you want.

And not, say, as a defence to the entire voting population.


No, it wouldn't have to be the perfect case. What matters is whether the facts support the plausibility of such a narrative. We very rarely, if ever, deal with absolutes regarding facts at trial. And for the record, attorneys generally can't gameplan their themes based upon presumptions of who is going to be on the jury. Though you can demographically make some general predictions of who is likely to be available on the venire, you really don't know who the fuck you're going to get until you get to trial.

Okay then.

Describe the circumstances where you would defend your client by implying (and opening yourself up to the prosecution's followup on) the idea that your client would indeed sexually assault someone, just not this particular plaintiff.


Although what he said was disgusting and deplorable--that wasn't actually what XDaunt was saying.

The evidence had is that Trump having a recording of him saying he goes after pretty women. Trumps defense is that accuser is not pretty, hence does not fit the description of the evidence.

Still shitty, but its a different thing than what you're framing.

It is also a narrative that doesn’t help Trump, since even if he proves that isn’t attracted to the woman, he won’t help his case against the Times. At all. That doesn’t prove the story isn’t’ news worthy or that the knowingly published an inaccurate story to defame Trump.


I do not disagree with you.

I don't think its a line of argument that should be made--and its a bad argument regardless. Just wanted to make sure that we aren't attacking a stance XDaunt wasn't actually making.
Hark, what baseball through yonder window breaks?
Gorsameth
Profile Joined April 2010
Netherlands22049 Posts
October 13 2016 20:29 GMT
#111054
On October 14 2016 05:14 xDaunt wrote:
Show nested quote +
On October 14 2016 05:00 xDaunt wrote:
Who remembers the time that Schwarzenegger got in trouble for fucking the nanny? Anyone remember what the biggest surprise regarding the whole affair was?


Alright, I'll answer my own question. The most surprising thing was that Arnold, a dude who could have anyone he wanted, had an affair with a woman who looked like this:

And this surprising revelation was discussed quite a bit at the time. So don't tell me that the argument that a woman can be too ugly for a guy to sexually assault doesn't potentially have some juice.

You just defeated your own argument by showing men will fuck mud if given the chance...

Seriously, every time 'Lawyer xDaunt' talks I am more and more surprised your actually a lawyer, saying such dumb shit.


User was warned for this post
It ignores such insignificant forces as time, entropy, and death
GoTuNk!
Profile Blog Joined September 2006
Chile4591 Posts
October 13 2016 20:32 GMT
#111055
On October 14 2016 05:23 brian wrote:
Show nested quote +
On October 14 2016 05:14 xDaunt wrote:
On October 14 2016 05:00 xDaunt wrote:
Who remembers the time that Schwarzenegger got in trouble for fucking the nanny? Anyone remember what the biggest surprise regarding the whole affair was?


Alright, I'll answer my own question. The most surprising thing was that Arnold, a dude who could have anyone he wanted, had an affair with a woman who looked like this:

[image loading]

And this surprising revelation was discussed quite a bit at the time. So don't tell me that the argument that a woman can be too ugly for a guy to sexually assault doesn't potentially have some juice.

I feel like your example is a counterpoint to your argument.


I tought it was hilarous that Arnold withdrew support from Trump after some audio tape given he did his nanny while married.
Dan HH
Profile Joined July 2012
Romania9149 Posts
Last Edited: 2016-10-13 20:34:37
October 13 2016 20:34 GMT
#111056
Trump's intellectuals over at the_diddler are claiming Dems killed Scalia and this email is 'proof' lmao
https://wikileaks.org/podesta-emails/emailid/6008

https://www.reddit.com/r/The_Donald/comments/57bhjf/they_killed_scalia_they_killed_scalia_they_killed/

I'm crying with laughter at those comments, unreal
OuchyDathurts
Profile Joined September 2010
United States4588 Posts
Last Edited: 2016-10-13 20:36:48
October 13 2016 20:35 GMT
#111057
On October 14 2016 05:32 GoTuNk! wrote:
Show nested quote +
On October 14 2016 05:23 brian wrote:
On October 14 2016 05:14 xDaunt wrote:
On October 14 2016 05:00 xDaunt wrote:
Who remembers the time that Schwarzenegger got in trouble for fucking the nanny? Anyone remember what the biggest surprise regarding the whole affair was?


Alright, I'll answer my own question. The most surprising thing was that Arnold, a dude who could have anyone he wanted, had an affair with a woman who looked like this:

[image loading]

And this surprising revelation was discussed quite a bit at the time. So don't tell me that the argument that a woman can be too ugly for a guy to sexually assault doesn't potentially have some juice.

I feel like your example is a counterpoint to your argument.


I tought it was hilarous that Arnold withdrew support from Trump after some audio tape given he did his nanny while married.


Cheating isn't illegal nor on trial. No one cares that Trump cheats on his wife, they care that he rapes and assaults women. Arnold never raped or assaulted his ugly maid, he just stuck his dick in her, it was consensual.
LiquidDota Staff
Gorsameth
Profile Joined April 2010
Netherlands22049 Posts
October 13 2016 20:35 GMT
#111058
On October 14 2016 05:32 GoTuNk! wrote:
Show nested quote +
On October 14 2016 05:23 brian wrote:
On October 14 2016 05:14 xDaunt wrote:
On October 14 2016 05:00 xDaunt wrote:
Who remembers the time that Schwarzenegger got in trouble for fucking the nanny? Anyone remember what the biggest surprise regarding the whole affair was?


Alright, I'll answer my own question. The most surprising thing was that Arnold, a dude who could have anyone he wanted, had an affair with a woman who looked like this:

[image loading]

And this surprising revelation was discussed quite a bit at the time. So don't tell me that the argument that a woman can be too ugly for a guy to sexually assault doesn't potentially have some juice.

I feel like your example is a counterpoint to your argument.


I tought it was hilarous that Arnold withdrew support from Trump after some audio tape given he did his nanny while married.

Did Arnold have an affair or did he sexually assault the nanny?

Right then, there is your answer about the difference...
It ignores such insignificant forces as time, entropy, and death
Plansix
Profile Blog Joined April 2011
United States60190 Posts
October 13 2016 20:38 GMT
#111059
On October 14 2016 05:29 Thieving Magpie wrote:
Show nested quote +
On October 14 2016 04:59 Plansix wrote:
On October 14 2016 04:56 Thieving Magpie wrote:
On October 14 2016 04:49 WolfintheSheep wrote:
On October 14 2016 04:45 xDaunt wrote:
On October 14 2016 04:42 WolfintheSheep wrote:
On October 14 2016 04:40 xDaunt wrote:
On October 14 2016 04:39 Doodsmack wrote:
On October 14 2016 04:28 xDaunt wrote:
On October 14 2016 03:31 BallinWitStalin wrote:
[quote]

You really think that matters in cases of sexual assault?

As a lawyer? Would this be your defense, if you were defending someone accused of this in court?

Depending on the case, yep, I definitely could see myself making that argument in defense of a client accused of sexual assault.


Not hard for a halfway competent opposition to wreck you on that. If you had an all male jury you might have a hail mary shot.

Like I said, depending upon the case.

So basically in the perfect case where you have the perfect jury who will let you get away with anything you want.

And not, say, as a defence to the entire voting population.


No, it wouldn't have to be the perfect case. What matters is whether the facts support the plausibility of such a narrative. We very rarely, if ever, deal with absolutes regarding facts at trial. And for the record, attorneys generally can't gameplan their themes based upon presumptions of who is going to be on the jury. Though you can demographically make some general predictions of who is likely to be available on the venire, you really don't know who the fuck you're going to get until you get to trial.

Okay then.

Describe the circumstances where you would defend your client by implying (and opening yourself up to the prosecution's followup on) the idea that your client would indeed sexually assault someone, just not this particular plaintiff.


Although what he said was disgusting and deplorable--that wasn't actually what XDaunt was saying.

The evidence had is that Trump having a recording of him saying he goes after pretty women. Trumps defense is that accuser is not pretty, hence does not fit the description of the evidence.

Still shitty, but its a different thing than what you're framing.

It is also a narrative that doesn’t help Trump, since even if he proves that isn’t attracted to the woman, he won’t help his case against the Times. At all. That doesn’t prove the story isn’t’ news worthy or that the knowingly published an inaccurate story to defame Trump.


I do not disagree with you.

I don't think its a line of argument that should be made--and its a bad argument regardless. Just wanted to make sure that we aren't attacking a stance XDaunt wasn't actually making.

One of the main problems with how Xdaunt talks about law is that he is super vague to start the discussion, waits for people to respond, then provide more details to show how his previous statement was valid. And then calls everyone super dumb for responding to his vague comment. Every argument can be valid if the fact set supports it. Of course lawyers are going to use good arguments if the case allows.

This case is a classic example. He says he would use the argument that his client wouldn’t be attracted to the victim/plaintiff. But doesn’t let us know if it’s a criminal or civil case. People respond, say the argument is high risk, might back fire, the jury might find it insulting or dislike him for making it. Then the details of the case are back filled to counter those arguments.

Its like advanced legal knowledge shit posting. Say vague shit about law, get a rise out of people. Say people are all dumb, I’m a lawyer, let me explain why my point is valid by providing you with details I am making up right now.
I have the Honor to be your Obedient Servant, P.6
TL+ Member
KwarK
Profile Blog Joined July 2006
United States43465 Posts
October 13 2016 20:44 GMT
#111060
On October 14 2016 04:54 xDaunt wrote:
For all of you junior attorneys out there who clearly have no idea how any of this works, let me explain how trial lawyering works: you pick the best narrative that you can that accomplishes what you seek to accomplish at trial while also best fitting the available facts. If I'm representing a defendant in a sexual assault case where there's some ambiguity over whether the sexual assault occurred (let's face it, these are the only cases that would go to trial anyway unless we're talking about consent issues), where the plaintiff is ugly, and where the defendant can show a rich history of dating/fucking/whatevering hot women, then I am very strongly going to consider promoting the narrative that the defendant didn't sexually assault the because the plaintiff is out of the defendant's league. If I have some evidence suggesting that the plaintiff has credibility problems or greed problems, then I most certainly will promote that narrative.

Y'all's problem is that you can't fathom the scenario where there's some gray area regarding what happened.

Your problem is that you have no idea how sexual predators work and yet mean to present yourself as an expert before a jury.
ModeratorThe angels have the phone box
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