Non-Americans of Lemmy, what does your country do to protect the rights of criminal defendants?
  • setsneedtofeed setsneedtofeed 6h ago 100%

    The "lawyer dog" case did not hinge on that.

    The suspect,Warren Demesme, did not unequivocally demand a lawyer. He said: “If y’all, this is how I feel, if y’all think I did it, I know that I didn’t do it so why don’t you just give me a lawyer dog cause this is not whats up.”

    The finding was that he asked a question rather than making a statement. The "dog" was completely irrelevant in the decision, but you know Internet pop news sites are going to be Internet pop news sites.

    You can still think the outcome was expecting too much precision by a suspect and disagree with it, but let's at least be accurate in criticism/discussion instead of perpetuating meme tier inaccuracy.

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  • Non-Americans of Lemmy, what does your country do to protect the rights of criminal defendants?
  • setsneedtofeed setsneedtofeed 20h ago 100%

    The knowledge of the location of the paper is a content of the mind. The defendant does not have to answer any question.

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  • Non-Americans of Lemmy, what does your country do to protect the rights of criminal defendants?
  • setsneedtofeed setsneedtofeed 20h ago 100%

    A person is free to not answer any question. They can sit there completely silent.

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  • Non-Americans of Lemmy, what does your country do to protect the rights of criminal defendants?
  • setsneedtofeed setsneedtofeed 21h ago 100%

    Or contents of a piece of paper.

    In the context of the discussion, I don't know what you are getting at here.

    But compelling someone to say or type in a password is something where they could assert the 5th. If the police find the password written down on a piece of paper and then type it in themselves over the protest of the defendant, that is not a 5th amendment violation. That's just using a piece of physical evidence.

    Outrageous. This is taking away the defendant’s rights. Nobody can ever believe that he made this decision if his own free will.

    This was my speculation on how I imagine it could possibly happen, as you say you have seen it written about. I have never seen it happen as a condition this way, but if you provide more detail I can be more precise in answering.

    But if it is say in another hypothetical, a condition on a deferred sentence, then at that point guilt has already been established and a the deferment is an alternative option from the baseline of prison. Again, some specific links to this happening would really help sort what it is you're seeing.

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  • Non-Americans of Lemmy, what does your country do to protect the rights of criminal defendants?
  • setsneedtofeed setsneedtofeed 21h ago 100%

    You can indeed stay silent. However, if you want the police to stop asking you questions, you have to affirmatively say you are asserting your right. If you just clam up, the cops can keep asking and asking you things. Similar to getting a lawyer- you have the right to a lawyer, but when you are in police custody you aren't going to get one until you ask for it during the questioning.

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  • Non-Americans of Lemmy, what does your country do to protect the rights of criminal defendants?
  • setsneedtofeed setsneedtofeed 21h ago 100%

    Circumstances? Passwords are contents of the mind, and therefore protected under the 5th. Someone in a situation where they are accused or under investigation has the 5th to fall back on.

    There have been cases recently about the legality of forcing thumbprints on biometrically locked phones, under the theory that a thumbprint is a physical attribute and not something kept in the mind (so you know, lesson there is to keep using a old fashioned passcode). Otherwise, someone on bond or parole or something may have a condition of their arrangement be to allow their devices to be searched. Refusing that is a matter of breaking an agreement made in court.

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  • Non-Americans of Lemmy, what does your country do to protect the rights of criminal defendants?
  • setsneedtofeed setsneedtofeed 21h ago 100%

    7th amendment applies to civil suits.

    In the Federal system it does. At the state level, a jury for a particular civil matter is not guaranteed. Judges regularly end up as the finders of fact in state civil cases.

    criminal defendants must consent to bench trial

    Not always. If the case is not serious enough, a jury trial is not guaranteed. This SCOTUS case found 6 months to be the cutoff for a serious enough crime.

    by not contesting any of the facts

    A bench trial where no one is contesting the facts can happen, in that case the defendant is probably contesting the constitutionality of the law, so therefore doesn't need any dispute any of the facts. But, as in the above link, a case may happen where either the defendant is not guaranteed a jury because the punishment falls below the threshold establsihed, or they waive the jury and the judge sits in as the finder of both law and fact.

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  • Non-Americans of Lemmy, what does your country do to protect the rights of criminal defendants?
  • setsneedtofeed setsneedtofeed 21h ago 100%

    You may talk to police that way in America but any good lawyer will tell you not to because the strength of the fact that your silence can’t be used against you often will offend out weigh any defense you might argue.

    And if you watch enough arraignments, it is just so painful to watch a defendant completely spill the beans even over a judge and lawyer telling them to shut up. So many people really don't seem to understand that they can't simply fast talk their way out of charges once the process starts, and everything they say is going to be recorded.

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  • Non-Americans of Lemmy, what does your country do to protect the rights of criminal defendants?
  • setsneedtofeed setsneedtofeed 22h ago 100%

    The legal rights come into play exactly when the police come into the picture.

    I don’t know all your amendments, but there is a thing like your 5th. just stronger: The accused is free not to help the police in any way. He may say things or remain silent, he needs not to give them things, and they may not create any kind of disadvantage for him from that. Also the court must not interpret this against him. Also spouse and family are not required to help or testify.

    All of these are included in the 5th (except for subpoena of non-spouse family, but as a practical matter prosecution has a hard time forcing an unwilling family member to testify in any useful way), and on top of it the Miranda warning requirement exists to inform people of the rights. A lot of people just have a really, really difficult time shutting their mouths even when told to.

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  • Non-Americans of Lemmy, what does your country do to protect the rights of criminal defendants?
  • setsneedtofeed setsneedtofeed 22h ago 0%

    Here judges decide matters of law not fact.

    Eeeeeeehhhhhhhhhhhhhhhhhhh...judges decide fact all the time in civil cases, or in criminal bench trials.

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  • How would you go about painting a pre-printed mini
  • setsneedtofeed setsneedtofeed 2d ago 100%

    For something that large and with such largely sculpted details, I'd probably just spray paint over it without stripping.

    The paint may end up a little more susceptible to wear than if you strip it, but this is a display piece not a tabletop piece so I imagine it won't get handled nearly as much or as roughly.

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  • How would you go about painting a pre-printed mini
  • setsneedtofeed setsneedtofeed 2d ago 100%

    It depends on how deep the details are and how much the existing paint is clogging them. If it isn't too much of an issue, then a simple spraypaint reprime on top is acceptable.

    If you are looking to strip a mini, it depends on the material of the figure and the paint type. I regularly use Super Clean to strip eBay second hand tabletop figures. It eats any paint I've thrown at it, without damaging molded plastic figures. However if it is a resin figure, the stuff will melt it.

    Good tools once you've soaked a figure in your juice of choice are toothpicks and stiff bristle plastic brushes. Sometimes a resoak is needed. Once I've scrubbed a lot of the surface and picked out the details it is usually good. If original paint exists in a super obscure crevice, it shouldn't matter once new primer goes on.

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  • Hypothetical: You are a writer in 1990. 'The Best Of Both Worlds' 2-parter has just finished airing. You have been tapped to be the "Borg Person" in the Star Trek writing room. You are tasked with writing the next Borg episode as well as given the opportunity to create a story bible for future Trek writers to adhere to for the Borg. Your episode is to be ready for some time through the end of season 4 to the middle of season 5. What do you do with the episode and the Borg? You are not constrained by Borg canon that has been written after BOBW. Some rules: You can't not use the Borg. I know some people just want them to be mysterious and not show up again, but to engage with the question you have to write something. You can't just kill off all the Borg. They must be usable for future writers. If you make them disappear, know it will be undone. The ideas must be plausibly filmable with the resources of TNG production. This is 90s TV, so you can do a 2 or maybe even 3-parter but your Borg ideas can't eat the entire show. TNG must still be able to support non-Borg episodes.

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    How careless of me
  • setsneedtofeed setsneedtofeed 4d ago 100%

    I need this magnum thread tape for my monster pipe.

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  • Kill Team Battle
  • setsneedtofeed setsneedtofeed 5d ago 100%

    I'm personally a fan of the Grimdark Firefight rules as an entry point. This is an offbrand ruleset for a skirmish game (same size of 10ish models as Kill Team) but it suited to using generic 40k minis and less focused on the special operators like Kill Team has been sliding into.

    You can build a list on the software and get an idea of what you want. Box contents or used lots are available on eBay for much less than MSRP. Depending on what faction you are interested in, there are various viable 3rd party minis. If you find yourself somebody with a 3D printer, then the world just got even bigger. (I can provide more precise details if you know what factions you are wanting.)

    Terrain can easily be whipped up with a little DIY. Craft paint, hot glue, and cardboard to make some walls and simple buildings. You can go nuts from there.

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  • "Initials" by "Florian Körner", licensed under "CC0 1.0". / Remix of the original. - Created with dicebear.comInitialsFlorian Körnerhttps://github.com/dicebear/dicebearDA
    Jump
    How Couples Meet in the US
  • setsneedtofeed setsneedtofeed 5d ago 100%

    Explain your thesis.

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  • The best part of this movie was the poster!
  • setsneedtofeed setsneedtofeed 5d ago 100%

    The secret code that a six year old should be able to crack?

    (I like TWOK for the acting, visuals, and themes, but I won't not rag on some of the plot details).

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  • The best part of this movie was the poster!
  • setsneedtofeed setsneedtofeed 5d ago 100%

    Broke: TMP is bad

    Woke: TMP is the best Trek movie.

    Bespoke: TMP is the second best Trek movie after Galaxy Quest.

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  • The best part of this movie was the poster!
  • setsneedtofeed setsneedtofeed 5d ago 100%

    I'll say it: The final space battle is underwhelming. Kirk wins by remembering that space is 3D. 'Balance Of Terror' had an infinitely more engaging and tactically impressive battle back in the 60s.

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  • From the museum: >Warhol created the Vesuvius series in 1985 for Lucio Amelio, an Italian art dealer and curator. Amelio commissioned the works for display at the Museo di Capodimonte in Naples, which was better known for displaying masterworks by Botticelli, Raphael, Titian, and Caravaggio. The corresponding exhibition catalogue included the statement from Warhol: "I painted each Vesuvius by hand, always using different colors so that they can give the impression of having been painted just one minute after the eruption." This version, entirely black and white, highlights Warhol's return to painting with its expressive brush strokes. It is a rare example of Warhol capturing motion in his two-dimensional works. Vesuvius, a volcano notorious for its destruction of Pompeii in 79 CE, and continued eruptions since, has been memorialized by artists throughout history including Albert Bierstadt, Pierre-Auguste Renoir, and J.M. W. Turner to name a few.

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    foodporn
    FoodPorn setsneedtofeed 1w ago 94%
    Tacos

    The left is a 'Lucy's Fire'- Sweet Lucy with Firecracker shell, roasted chicken, lettuce, cilantro + onions, Middlefield smoked cheddar, corn salsa, and cilantro-lime aioli. The right is a 'Korean BBQ'- Flour soft + hard corn shell with smoked cheddar queso, slow-roasted pulled pork, gochujang BBQ sauce, pickled jalapeños, and pineapple salsa.

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