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Comment: Re:Another Perspective (Score 1) 897

by bambam1648 (#39335843) Attached to: How To Crash the US Justice System: Demand a Trial
Depends on the facts. If an officer reported an assault by a suspect on him and there was no evidence of that assault and the suspect was injured and it was obvious the request for charges was to cover there ass I would decline. But on the other hand if an officer was called to a scene and had no dog in the fight and reported on what he saw and heard I would have to evaluate this like any other witness in relation to the facts and circumstances. So to answer your question I do not just believe cops because they are cops but rather based on the facts as presented in each individual case.

Comment: Re:Punishment? (Score 1) 897

by bambam1648 (#39335323) Attached to: How To Crash the US Justice System: Demand a Trial
This view fails to account for the reality of domestic violence. There is hardly ever a case where DV occurs where there is not a plea from the victim for the case to be dismissed usually with deleterious results to that very same victim. When I have innocent victim crime in almost all of those cases the victims are the ones driving the cases and their input is paramount in the decision on how to proceed with the case.

Comment: Another Perspective (Score 5, Interesting) 897

by bambam1648 (#39335131) Attached to: How To Crash the US Justice System: Demand a Trial
IAAL in fact I'm a DA. So let me give you some perspective from the other side. If a prosecutor is doing his/her job then if they don't believe someone committed a crime or even if they don't believe there is a likelihood of conviction then they must dismiss the case. I am most proud of the times I have dismissed cases where through further investigatory work or an honest evaluation of the case I found I could not in good conscience proceed. I would hold out my dismissals as some of my greatest achievements even over my convictions of extremely dangerous and evil murderers and rapists. Why is this? Because as a prosecutor you have the ultimate discretion on whether to proceed and your decision is paramount in its effect on peoples lives. My greatest fear would be to prosecute an innocent man but as a prosecutor with morals and who never just settles for taking someone's word for it (unless there word is corroborated by extrinsic evidence) I dig and use my own investigators and review the forensic evidence until I'm satisfied I have the guilty party. Therefore, it is very unlikely for me to convict an innocent person (short of a perfectly executed set up that is near impossible despite what the media would have you believe) especially since I have dismissed cases where I didn't believe the defendant committed the crime or when I didn't believe I could secure a conviction. I sometimes joked with a defense attorney colleague of mine, "if your guy is truly innocent I'm your favorite DA but conversely if your guy did it look out because I'm coming for him/her come hell or high water!" She agreed with my assessment. Now the problem is not every DA is like this, some are in the job just to make their trial bones and then get to the defense side some are lazy and just looking for the paycheck and will use the stiff sentence or habitual counts as a hammer just because they don't want to do the work. But there are a cadre of career prosecutors who like me do it for the right reasons and live up to the higher standards reserved for those who protect the People. I have never minded someone demanding a trial as I enjoyed the process but there is something to be said where the defendant delights in re-victimizing the victim. I once had to sit a watch as a defendant's attorney at his direction cross-examined a sexual assault victim not once not twice but three times due to mistrials and misconduct by the defense and he throughly enjoyed the hell he put her through on each occasion. (on a side note he tied her up cut her clothes off with a knife, held a gun to her head broke her jaw and nose, and then tortured her sexually). We had the evidence from the start and even though there always is the possibility of an acquittal there should be a punitive penalty for exercising your rights when in doing so this type of harm occurs. (second side note the judge witnessed how much the defendant delighted in the pain he both initially caused and the subsequently caused to the victim during the trial and he was sentenced to 48-life in Dept of Corrections. By in large most of my cases are not even close when it comes to guilt or innocence, its just a matter of considering all the factors and coming up with an appropriate plea based on criminal history, age, impact of crime and community safety. I often wonder what would happen if the defense could convince a large majority to demand trials (this would have to be public defenders as most who retain private attys couldn't afford to go to trial) what would happen? The result would be many lower level criminals would get more substantial sentences while taking away prosecutors ability to adequately attend to serious criminals so as a byproduct inevitability some cases where further work and investigation would be necessary to secure a conviction guilty defendants would go free and continue to hurt those we seek to protect causing more victimization and pain to those who are least able to protect themselves. Sorry for the verbosity of my post but I obviously feel strongly about this issue.
Image

Scientists Say a Dirty Child Is a Healthy Child 331

Posted by samzenpus
from the snack-is-going-to-be-on-the-floor-today dept.
Researchers from the School of Medicine at the University of California have shown that the more germs a child is exposed to, the better their immune system in later life. Their study found that keeping a child's skin too clean impaired the skin's ability to heal itself. From the article: "'These germs are actually good for us,' said Professor Richard Gallo, who led the research. Common bacterial species, known as staphylococci, which can cause inflammation when under the skin, are 'good bacteria' when on the surface, where they can reduce inflammation."
Television

Targeted Advertising Coming To Cable TV 171

Posted by Soulskill
from the target-my-fast-forward-button dept.
The New York Times reports that Cablevision Systems is testing a new project in Brooklyn, the Bronx, and some areas of New Jersey to bring targeted advertising to television audiences. "The technology requires no hardware or installation in a subscriber's home, so viewers may not realize they are seeing ads different from a neighbor's. But during the same show, a 50-something male may see an ad for, say, high-end speakers from Best Buy, while his neighbors with children may see one for a Best Buy video game." The test deployment includes 500,000 households, and separates viewers by demographic data from Experian. "Experian has data on individuals that it collects through public records, registries and other sources. It matches the name and address of the subscriber to what it knows about them, and assigns demographic characteristics to households. (The match is a blind one: advertisers do not know what name and address they are advertising to, Cablevision executives said.)"
Windows

UAC Whitelist Hole In Windows 7 496

Posted by Soulskill
from the time-for-some-creative-rebranding dept.
David Gerard writes "Microsoft tried to make Vista secure with User Access Control (UAC). They relaxed it a bit in Windows 7 because it was such a pain in the backside. Unfortunately, one way they did this (the third way so far found around UAC in Windows 7) was to give certain Microsoft files the power to just ... bypass UAC. Even more unfortunately, one of the DLLs they whitelisted was RUNDLL32.EXE. The exploit is simply to copy (or inject) part of its own code into the memory of another running process and then telling that target process to run the code, using standard, non-privileged APIs such as WriteProcessMemory and CreateRemoteThread. Ars Technica writes up the issue, proclaiming Windows 7 UAC 'a broken mess; mend it or end it.'"
Medicine

Obama To Reverse Bush Limits On Stem Cell Work 508

Posted by Soulskill
from the stem-cell-stimulus-package dept.
An anonymous reader sends this quote from the Associated Press: "Reversing an eight-year-old limit on potentially life-saving science, President Barack Obama plans to lift restrictions Monday on taxpayer-funded research using embryonic stem cells. ... Under President George W. Bush, taxpayer money for that research was limited to a small number of stem cell lines that were created before Aug. 9, 2001, lines that in many cases had some drawbacks that limited their potential usability. But hundreds more of such lines — groups of cells that can continue to propagate in lab dishes — have been created since then, ones that scientists say are healthier, better suited to creating treatments for people rather than doing basic laboratory science. Work didn't stop. Indeed, it advanced enough that this summer, the private Geron Corp. will begin the world's first study of a treatment using human embryonic stem cells, in people who recently suffered a spinal cord injury. Nor does Obama's change fund creation of new lines. But it means that scientists who until now have had to rely on private donations to work with these newer stem cell lines can apply for government money for the research, just like they do for studies of gene therapy or other treatment approaches."

Comment: Re:could be because (Score 1) 435

by bambam1648 (#11968413) Attached to: Spammers Sue Spam Victim For $4 Million
I'm a lawyer and internet contact is not remotely close to enough to get jurisdiction over him. There are several factors as the parent stated above, and since the defendant is not a resident and has no brick and morter business set up in that state barring tricking him into the court house or his waiver and reply in court they can't touch him.

Stupidity, like virtue, is its own reward.

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