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#41 |
Illuminator
Join Date: Nov 2006
Posts: 4,459
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It's been a few years since I took "law and evidence," and I'm not a lawyer, but that's what I recall as well about the Federal rules, and I would imagine state rules are similar. I'm not familiar with any laws that regards deathbed confessions as any being equivalent to sworn testimony, unless they actually do happen to be sworn testimony.
But, according to the FRE themselves, that only appears to apply to "causes or circumstances" surrounding the death:
Originally Posted by Federal Rules of Evidence - Rule 804(b)
So it wouldn't even apply if it were deathbed confession, because it has nothing to do with causes of death (IIRC, this rule is to allow in court statements to the effect of "Mr. X just shot me" made by the dying party to someone else). I wonder if there are other statutes regarding this. And it wasn't even a deathbed confession, so I suppose the issue is moot anyway. |
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#42 |
Philosopher
Join Date: Aug 2003
Posts: 8,578
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Racism, sexism, ignorance, homophobia, intolerance, extremism, authoritarianism, environmental disasters, politically correct crap, violence at sport stadiums, slavery, poverty, wars, people who disagree with me: Together we can find the cure Oh, and together we can find a cure to religion too… |
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#43 |
Illuminator
Join Date: Nov 2006
Posts: 4,459
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#44 |
Illuminator
Join Date: Aug 2005
Posts: 3,942
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#45 |
Philosopher
Join Date: Aug 2003
Posts: 8,578
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Strawman...
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Racism, sexism, ignorance, homophobia, intolerance, extremism, authoritarianism, environmental disasters, politically correct crap, violence at sport stadiums, slavery, poverty, wars, people who disagree with me: Together we can find the cure Oh, and together we can find a cure to religion too… |
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#46 |
Philosopher
Join Date: Dec 2003
Location: 42d 45'23.3"N, 84d 35' 10.8'W, 840'>MSL
Posts: 6,882
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Not that great, really. If it could be treated as primary evidence (a statement given under oath, for example), the affidavit could stand alone. As secondary evidence it would need to be corroborated, but that's only a matter of finding at least one more affidavit, an independently-sourced media account, or whatever.
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I don't care what you do to the women and children, leave me alone! |
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#47 |
Scholar
Join Date: Jun 2007
Posts: 111
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Yes, that's right. I am an attorney. The dying declarations exception to the rule against hearsay is one of the most bitterly contested exceptions there is, and for good reason. Even if allowed in, the other side always points out that it is not the same as evidence given under oath. The reason is because it wasn't given under oath. It can be very difficult to get this in as an exception. I've seen attorneys fight tooth and nail over it; you would not believe the power that a dying declaration can have in court. In any case, I wasn't trying to be offensive. It's just that this particular exception always gets my blood running. I think that what you're really getting at with "assumed true" unless proven otherwise is the technique called a rebuttable presumption.
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#48 |
Scholar
Join Date: Jun 2007
Posts: 111
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#49 |
Illuminator
Join Date: Nov 2006
Posts: 4,459
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#50 |
Penultimate Amazing
Join Date: Apr 2002
Posts: 11,286
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I have to disagree. There is a big difference between saying that a statement is admissible -- meaning the jury can hear it, but is not required to give the statement any particular weight -- and saying that a statement is presumed true, and must be taken as true without a rebuttal. |
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#51 |
Muse
Join Date: Mar 2006
Location: Sunny Florida
Posts: 832
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Rodney-I am certain persons have been tried based on the credibility of witnesses.
I am just as certain that miscarriage of justice has been done, by the same means. A court of law does not necessarily seek "truth". Evidence accepted by the court , may not be rigorously extracted " truth". If you ever sit on a jury, please remember what I have said. ![]() |
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Conservatives: Proud Major Supplier of turds to the National Punch Bowl since 1969. Some people are living legends; Republicans are living lies... |
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#52 |
Briefly immortal
Join Date: Nov 2001
Location: The Group W Bench
Posts: 44,369
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Hey, I didn't realize we had an anniversary coming up. Looks like a big ol' party. Boy, the woo density in Roswell must be pegging the meters.
Quote:
Quote:
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#53 |
Thinker
Join Date: Apr 2007
Posts: 159
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#54 |
Graduate Poster
Join Date: Jun 2004
Posts: 1,843
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I enjoy where they compare it to a "trekkie" convention. Like "trekkies", some seem to have a problem differentiating between myth and reality.
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#55 |
Philosopher
Join Date: Jan 2005
Posts: 5,994
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Okay. Let me get this straight. For this Super Top Ultra Secret operation, the military ordered coffins from the local undertaker instead of building a few wooden boxes themselves. "They" are capable of detecting our alien overlords and keeping them hidden from everyone, but "they" can't make wooden boxes without expert help?
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#56 |
Thinker
Join Date: Apr 2007
Posts: 159
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#57 |
The Grammar Tyrant
Join Date: Jul 2006
Posts: 23,260
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I'll buy that, it was certainly the way my mind went when I read the piece.
"Hmm. How can I ensure my name goes down in history, revered for all time?" Works for me; smart bloke, in my opinion. You realise "they" will come and get you now. Hasn't it already? When people are being abducted and probed anally, I think those traditions are right up with censers and large, lowercase "T"s. That is, after all, the requirement of every conspiracy theory, from god to 9/11 to Roswell, the complete absence of evidence. If it pleases people to think there are a species of beings, outside of humans themselves, who are stupid enough to be able to cross trillions of kilometres of uncharted space to crash in New Mexico; let them. That's why UFOs will always endure - easiest to fake, impossible to prove wrong, highly attractive proposition. |
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The point of equilibrium has passed; satire and current events are now indistinguishable. |
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#58 |
Illuminator
Join Date: Sep 2005
Location: Oregon
Posts: 3,211
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This is one of the aspects of the story that has bothered me a bit (there are other aspects that have bothered me a whole lot). Not just: "Why couldn't they nail together some boxes?", but "Why couldn't they use a normal coffin?". Were the dead aliens too small to fit? Now, if it was a nine foot tall Kinnamett on the other hand they have a problem.
Robert |
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#59 |
Philosopher
Join Date: Jan 2005
Posts: 5,994
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#60 |
Neo-Post-Retro-Revivalist
Join Date: Aug 2005
Location: The Emerald City
Posts: 16,201
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__________________
When you say that fascists should only be defeated through debate, what you're really saying is that the marginalized and vulnerable should have to endlessly argue for their right to exist; and at no point should they ever be fully accepted, and the debate considered won. |
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