Mom forces son to kill hamster for bad grades

[Emma]

"She said......said Wilcox" The legal word for that is "hearsay" and it's not admissible in a court of law.

Really? LE cannot testify as to what a suspect has stated during questioning?

No wonder so many criminals get off....

I was under the impression that Miranda rights spell it out pretty succinctly..anything you say to a cop can and will be used against you in a court of law...didn't she say this to a cop?

So it appears.

 

[Emma]

"She said......said Wilcox" The legal word for that is "hearsay" and it's not admissible in a court of law.

Really? LE cannot testify as to what a suspect has stated during questioning?

No wonder so many criminals get off....

If she was interrogated by LE then they would have a record of it. But no LE cannot say a suspect has confessed and that be evidence enough. That would then be a "she said, he said" type of deal and no DA in their right mind would go to trial with that as evidence IMO. I've only been studying law for ten years so I could be mistaken.

"She said......said Wilcox" The legal word for that is "hearsay" and it's not admissible in a court of law.

You seem to be backpedaling a tad.

BTW, I thought law school was only 3 years...

 

[Emma]

Really? LE cannot testify as to what a suspect has stated during questioning?

No wonder so many criminals get off....

I was under the impression that Miranda rights spell it out pretty succinctly..anything you say to a cop can and will be used against you in a court of law...didn't she say this to a cop?

You're assuming miranda rights were given and you're assuming she said exactly what the investigators are claiming. I think it would be wise to wait until all the facts are known before a judgement is reached.

For the sake of argument let's assume she did force the boy to kill his pet rat, what should she be charged with and what should be her punishment?

IIRC, she's been charged with abuse --- animal and child. And battery, because of the marks on the child's neck. I suppose you can go look up the sentencing guidelines for those.

Oh yeah. Isn't she being charged too related to violation of her probation?

 

[Lonestar_logic]

Really? LE cannot testify as to what a suspect has stated during questioning?

No wonder so many criminals get off....

If she was interrogated by LE then they would have a record of it. But no LE cannot say a suspect has confessed and that be evidence enough. That would then be a "she said, he said" type of deal and no DA in their right mind would go to trial with that as evidence IMO. I've only been studying law for ten years so I could be mistaken.

"She said......said Wilcox" The legal word for that is "hearsay" and it's not admissible in a court of law.

You seem to be backpedaling a tad.

BTW, I thought law school was only 3 years...

Backpedaling? Not at all. Even if she said this to a cop, it's inadmissable. Try to think logically ( I know it's a stretch for you), if all a cop has to do is tell a jury that the suspect confessed to get a conviction with nothing to support it i.e. taped interview, eyewitnesses etc.. then a lot more people would be in prison. I don't go nor have I ever went to law school, studying law and case history is a hobby I started when I was incarcerated in the Texas Penal System but stopped after my pardon was granted. I just recently started studying constitutional law.

 

[Lonestar_logic]

I was under the impression that Miranda rights spell it out pretty succinctly..anything you say to a cop can and will be used against you in a court of law...didn't she say this to a cop?

You're assuming miranda rights were given and you're assuming she said exactly what the investigators are claiming. I think it would be wise to wait until all the facts are known before a judgement is reached.

For the sake of argument let's assume she did force the boy to kill his pet rat, what should she be charged with and what should be her punishment?

IIRC, she's been charged with abuse --- animal and child. And battery, because of the marks on the child's neck. I suppose you can go look up the sentencing guidelines for those.

Oh yeah. Isn't she being charged too related to violation of her probation?

I think so.

 

[rightwinger]

If she was interrogated by LE then they would have a record of it. But no LE cannot say a suspect has confessed and that be evidence enough. That would then be a "she said, he said" type of deal and no DA in their right mind would go to trial with that as evidence IMO. I've only been studying law for ten years so I could be mistaken.

"She said......said Wilcox" The legal word for that is "hearsay" and it's not admissible in a court of law.

You seem to be backpedaling a tad.

BTW, I thought law school was only 3 years...

Backpedaling? Not at all. Even if she said this to a cop, it's inadmissable. Try to think logically ( I know it's a stretch for you), if all a cop has to do is tell a jury that the suspect confessed to get a conviction with nothing to support it i.e. taped interview, eyewitnesses etc.. then a lot more people would be in prison. I don't go nor have I ever went to law school, studying law and case history is a hobby I started when I was incarcerated in the Texas Penal System but stopped after my pardon was granted. I just recently started studying constitutional law.

Lonestar Logic is right.......hearsay won't cut it

We need a body. Need to dig up the hamster and do an autopsy. Look for evidence of blunt trauma.

 

[Emma]

Judicial Branch of Georgia :: Uniform Rules of the State Court

Perhaps you can point out the rule that states testimony by LE is considered "hearsay". Thanks.

BTW

hearsay rule: the basic rule that testimony or documents which quote persons not in court are not admissible. Because the person who supposedly knew the facts is not in court to state his/her exact words, the trier of fact cannot judge the demeanor and credibility of the alleged first-hand witness, and the other party's lawyer cannot cross-examine (ask questions of) him or her.

 

[uscitizen]

Yep need a CSI hamster forensic examination.

 

[Emma]

If she was interrogated by LE then they would have a record of it. But no LE cannot say a suspect has confessed and that be evidence enough. That would then be a "she said, he said" type of deal and no DA in their right mind would go to trial with that as evidence IMO. I've only been studying law for ten years so I could be mistaken.

"She said......said Wilcox" The legal word for that is "hearsay" and it's not admissible in a court of law.

You seem to be backpedaling a tad.

BTW, I thought law school was only 3 years...

Backpedaling? Not at all. Even if she said this to a cop, it's inadmissable. Try to think logically ( I know it's a stretch for you), if all a cop has to do is tell a jury that the suspect confessed to get a conviction with nothing to support it i.e. taped interview, eyewitnesses etc.. then a lot more people would be in prison. I don't go nor have I ever went to law school, studying law and case history is a hobby I started when I was incarcerated in the Texas Penal System but stopped after my pardon was granted. I just recently started studying constitutional law.

So it's your contention that without a tape or eyewitness, the testimony of LE is inadmissable because it's "hearsay".

Ever gone to court to fight a traffic ticket?

 

[uscitizen]

I have never had a traffic ticket....

 

[Emma]

I have never had a traffic ticket....

I have

I went to court to fight a ticket. The police officer testified as to what I'd said to him during the stop. According to longstar, that was inadmissible.

Damn.

"OBJECTION!!!"

 

[AllieBaba]

If she was interrogated by LE then they would have a record of it. But no LE cannot say a suspect has confessed and that be evidence enough. That would then be a "she said, he said" type of deal and no DA in their right mind would go to trial with that as evidence IMO. I've only been studying law for ten years so I could be mistaken.

"She said......said Wilcox" The legal word for that is "hearsay" and it's not admissible in a court of law.

You seem to be backpedaling a tad.

BTW, I thought law school was only 3 years...

Backpedaling? Not at all. Even if she said this to a cop, it's inadmissable. Try to think logically ( I know it's a stretch for you), if all a cop has to do is tell a jury that the suspect confessed to get a conviction with nothing to support it i.e. taped interview, eyewitnesses etc.. then a lot more people would be in prison. I don't go nor have I ever went to law school, studying law and case history is a hobby I started when I was incarcerated in the Texas Penal System but stopped after my pardon was granted. I just recently started studying constitutional law.

That is unadulterated bullshit. If someone says something to a cop after they've been read their rights, it's admissable. Whether the jury believes it or not, who knows. But it definitiely isn't heresay.

Heresay is when you bring in a neighbor to attest that the perp told her something in confidence, or she overheard a conversation of which she was not a part of.

"ANYTHING YOU SAY CAN AND WILL BE USED AGAINST YOU IN A COURT OF LAW." The cops say that for a reason. Because anything a defendant says to a cop upon arrest is ADMISSABLE.

 

[mudwhistle]

I was thinking that instead of using a hammer to off the hamster she should have used this.

Then she would have been forgiven.

[ame=http://www.youtube.com/watch?v=xOrgLj9lOwk&feature=PlayList&p=8EBB4AECAF7DA5F3&playnext=1&playnext_from=PL&index=13]YouTube - Monty Python-Holy Hand Grenade[/ame]

 

[uscitizen]

Killing a hamster is sick and wrong
but abortion is legal.

Yeah don't pick on pets. Remember the furor over poisoned pet food?
Remember the furor over poisioned heparin?

 

[Lonestar_logic]

"She said......said Wilcox" The legal word for that is "hearsay" and it's not admissible in a court of law.

You seem to be backpedaling a tad.

BTW, I thought law school was only 3 years...

Backpedaling? Not at all. Even if she said this to a cop, it's inadmissable. Try to think logically ( I know it's a stretch for you), if all a cop has to do is tell a jury that the suspect confessed to get a conviction with nothing to support it i.e. taped interview, eyewitnesses etc.. then a lot more people would be in prison. I don't go nor have I ever went to law school, studying law and case history is a hobby I started when I was incarcerated in the Texas Penal System but stopped after my pardon was granted. I just recently started studying constitutional law.

So it's your contention that without a tape or eyewitness, the testimony of LE is inadmissable because it's "hearsay".

Ever gone to court to fight a traffic ticket?

I'm saying the LE needs more than just his say so.

 

[sboyle24]

I was thinking that instead of using a hammer to off the hamster she should have used this.

Then she would have been forgiven.

YouTube - Monty Python-Holy Hand Grenade

Yeah who could blame the mother? It was the hamster that killed the other hamster. Michael Vick would be proud.

 

[Emma]

Backpedaling? Not at all. Even if she said this to a cop, it's inadmissable. Try to think logically ( I know it's a stretch for you), if all a cop has to do is tell a jury that the suspect confessed to get a conviction with nothing to support it i.e. taped interview, eyewitnesses etc.. then a lot more people would be in prison. I don't go nor have I ever went to law school, studying law and case history is a hobby I started when I was incarcerated in the Texas Penal System but stopped after my pardon was granted. I just recently started studying constitutional law.

So it's your contention that without a tape or eyewitness, the testimony of LE is inadmissable because it's "hearsay".

Ever gone to court to fight a traffic ticket?

I'm saying the LE needs more than just his say so.

Um, no. He doesn't.

 

[Modbert]

I couldn't help but post what has probably been posted.

[ame=http://www.youtube.com/watch?v=otCpCn0l4Wo]YouTube - MC Hammer - U Can't Touch This[/ame]

 

[xsited1]

My mother just told me to hit Lonestar_logic with a hammer because of bad grades. Sorry Lonestar.

 

[manu1959]

As punishment for bad grades, a Georgia mother forced her 12-year-old son to kill his pet hamster with a hammer, police said.

Cops: Mom forces son to kill hamster for bad grade | ajc.com

A good Right wing mmother

nah....a gop mom would have used a gun....she has to be a progressive....