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The case involved the interrogation of a homicide suspect who was falsely told that an accomplice had already implicated the suspect in the killing. This lie persuaded the suspect to confess to the homicide. The Supreme Court ruled that such use of trickery and deceit can be permissible (depending on the totality of circumstances) provided that it does not shock the conscience of the court or community.
A phrase that can refer to any situation that seems grossly unjust to the observer. Judges often use this phrase as a test to determine which situations are so unjust or wrong that the court must intervene. If some event shocks the conscience of the court, the court will look for some remedy to fix the problem. See, e.g., excessive verdict.
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If some event shocks the conscience of the court, the court will look for some remedy to fix the problem.
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“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
– John Adams
originally posted by: diggindirt
Do you seriously believe that "the court" has a conscience? A court is a thing, not a person. See how very twisted a mind would have to be to believe that stuff? You would also have to believe that a Congress had a conscience!
originally posted by: diggindirt
Thank you for providing one these cases. This is one area in which we must seek reforms. The acceptance of the idea that lying is a good thing if the "proper authorities" use it should shock anyone with a passing knowledge of the Constitution. I'm guessing the founders didn't foresee the need to make laws against lying (bearing false witness) since it was already prohibited by the Ten Commandments. I'm reminded of an observation by John Adams.
“Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.”
– John Adams
originally posted by: Olivine
Cliven Bundy is at it again.
He sent a certified letter to the sheriff that "we the people" will continue to occupy the refuge.
....Does he not realize that "We the People" already own the refuge?
Public lands in the United States are commons like nowhere else on the planet. These lands and their ideal are uniquely democratic and provide for an unmatched sense of freedom for all of the citizens of the United States.
However, the seditionists of the West outright reject this premise and are claiming these public lands for themselves and their economic interests – whether they are ranchers or international conglomerates. Each have enlisted the support of seditionist splinter groups like the Oath Keepers who decide for society what is constitutional, recruit current law enforcement at all levels of government, and have been successful at enforcing those beliefs using the threat of violence.
......
According to excommunicated LDS member and Historian Michael Quinn, the Church has a “prosperity” doctrine, whereby making money becomes a spiritual affair.
“Theologically, Mormonism has never accepted the “worldly” distinctions between secular versus religious, civil verses theocratic, mundane versus divine. An 1830 revelation (to Joseph Smith) declared: “Wherefore, verily I say unto you that all things unto me are spiritual, and not at any time have I given unto you a law which was temporal; neither [unto] any man, nor children of men….””[18]
This has equated to a considerable financial empire, as the LDS Church has become, like the Koch family, one of the wealthiest for-profit organizations on the planet.
.......
Understand we are talking about LDS businesses as private corporations, not as a religious organization. As such, the Church has no requirement for public disclosure of financial information. And, they do not.
Winter and others have detailed some of the known investments, including Deseret Management Corporation and AgReserves. AgReserves and the agricultural interests of the for-profit arm of the Church are among the largest agricultural enterprises in the nation. The Church owns the largest cattle ranch in the country, Deseret Ranch and Citrus of Florida, and owns several other large ranches throughout the west including in Utah, Nevada, Oklahoma, California, and a 288,000 acre spread in the Sandhills of Nebraska.[20] Of course, the western ranches include federal grazing rights.
The LDS Church is also the largest producer of nuts in the country via their South Valley and Deseret Farms holdings in the Central Valley of California and Arizona. They have many additional holdings under a number of different names that produce a variety of agricultural products from potatoes in Idaho to peanuts in Texas to pears in Oregon.
In short, the LDS Church has a private, economic interest in public lands issues and how these relate to their for profit agricultural enterprises.
And, so do the Kochs.
Koch Industries’ agricultural holdings are among the largest in the nation. Their Matador Cattle Company that operates adjacent to Yellowstone National Park is #7 in the country and they also own large ranches in both Kansas and Texas. [21] [22]
Their holdings also include the timber giant Georgia-Pacific. With this enterprise, their concern is both timber production and biofuels and how both are affected by both the Clean Water and Clean Air Acts. [23] Of course, their energy interests also come into play.
To the point, the Church and the Koch Brothers will oppose any policies that negatively affect their financial portfolios. It is any wonder they oppose any law or regulation that would affect these interests?
And, they both have never been shy engaging their supporters in the political process – even fomenting sedition – to protect their interests. The creation of the American Lands Council is indicative of their combined efforts.
originally posted by: desert
If you go back to page 5, you will find where this thread's author is coming from. The partial list he gives comes from "The Naked Communist," by Cleon Skousen, a book from 1958, and a favorite of members of the John Birch Society. Maybe he read them on Glenn Beck's or Sean Hannity's website, or Rushonline, or Rense, or elsewhere. We can laugh at this thread's topic, but these people are serious. This, my friends, is what is thrown at you, what you are up against.
originally posted by: Gryphon66
Is this understanding completely off-base?
originally posted by: Excallibacca
a reply to: Gryphon66
The only "assaulting an officer" I saw was an officer running directly at the truck...just saying.
originally posted by: Xcathdra
I will say there is a difference between watching a video after the fact and being there in person dealing with the situation. It's one of the reasons I try not to second guess an officers actions.
They were present and I was not. 20/20 hindsight cannot be used to review an officers use of force. Some people say he was not reaching for anything while others say he was. What matters is what did the officer(s) who fired see?
Court documents against the 11 occupiers under arrest show that FBI agents have carefully scrutinized social media postings, interviews and online talk shows that were broadcast from the Malheur National Wildlife Refuge during the standoff that began nearly a month ago.
It must be a 2 way conversation though and should start with both sides respecting the others point of view regardless if they agree with it or not. You will always have people on both sides that are incapable of doing that for whatever reason and we need to deal with them as the issues come up.
But the five-year sentence mandated by terrorism law also concerned people. Among the critics: the federal judge who presided over the Hammonds' trial in Pendleton.
U.S. District Judge Michael Hogan said at the men's original sentencing in 2012 that such a term would be unconstitutional as cruel and unusual punishment. "It would be a sentence which would shock the conscience," Hogan said before sentencing Dwight to three months and Steve to one year.
Amanda Marshall, then U.S. attorney for Oregon, said she recommended the government challenge Hogan's sentence as illegal. "If the government stands by and doesn't pursue the statutorily mandated sentence in this case, what kind of precedent does that set?" Marshall asked. Hogan, she said, imposed "an unlawful sentence."
...is not a violation of the Constitution. They vacated the trial judges ruling and the 2 were to be re-sentenced in compliance with federal law. The defense appealed the 9th circuits ruling to the US Supreme Court, who declined to hear the case, leaving the 9th circuit's ruling in place. Chief U.S. District Judge Ann Aiken then re-sentenced them for arsons they committed on federal lands. They were re-sentenced and given the absolute minimum sentence, 5 years, and credit for time served.
“given the seriousness of arson, a five-year sentence is not grossly disproportionate to the offense.”
An Act - To deter terrorism, provide justice for victims, provide for an effective death penalty,
and for other purposes.
The Hammonds’ attorney, Alan Schroeder, said Wednesday that the Hammonds appreciate the support they’ve received from groups and individuals, but reaffirmed that militia members do not speak for them and that they intend to serve their time.
originally posted by: diggindirt
I'm saying that the corruption in the federal prosecutors office and the collaboration between that office and BLM is the reason these men were charged in the first place.
It is also the reason they were convicted by that jury.
originally posted by: diggindirt
The sentencing judge, on the bench for decades, doesn't know and understand the Constitution. I understand that is what you are saying.
originally posted by: diggindirt
I'm saying that ... by that jury.
originally posted by: diggindirt
It is done all the time. Lie, cheat ... fresheners.
Until it is the guidelines are lawful, as the courts stated, and the judge did not have the authority to rule the way he did. They were re-sentenced using the correct criteria.
originally posted by: diggindirt
The fact remains that they were re-sentenced under the mandatory sentencing laws passed to "stop" terrorism. Mandatory sentencing is authoritarian and must be repealed.
originally posted by: diggindirt
It makes money for private prisons (and their Congress critter investors) but does absolutely nothing to deter crime or terrorism.
originally posted by: diggindirt
No matter how many times you repeat the OFFICIAL STORY, you can't make it right or moral because the Feds are wrong and are violating the rights of citizens on a daily basis.
originally posted by: diggindirt
You are very good at making the authoritarian arguments because you are part of the power structure. I understand that you want to protect that power. It must be awesome indeed to be able to use force on others to bend them to your will and point to a decision by one or more of the Black Robed Tribe as your justification.
Better stock up on air fresheners---the smell of corruption is nasty when it is exposed.