Monday, November 5, 2007

Prosecutor Charges Porn Store Owner -- For Selling Porn

I saw this link on the Drudge Report.

It's a news story from Virginia, interestingly enough. Those crazy Virginians...next thing you know, they'll be prosecuting the owners of male prostitute web sites -- for prostitution!

Oh...um...wait a minute...

7 comments:

Anonymous said...

"Those crazy Virginians!" LOL
"The six person grand jury spent Thursday morning viewing parts of 12 videos"
The newspapaper should have interviewed the six persons after the viewing or at least shot video of their expressions.

DeWayne In San Diego said...

Yep sep since most Grand Jurys have an avg age of 70 and would indict a dead Mother Teresa if the D.A. asked them too!

Grand Jurys are another thing wrong with American Injustice.

Unknown said...

That would have been funny to see VJ... THe expressions on their faces.

And watch what you say about Virginians.... I am from Virginia..

Only been in Florida for about 8 years now...

Dewayne... I agree, Ihave never understood the Grand jury process of the criminal justice system. Why would the courts need to ask anyone of there was probable cause to issue an indictment? It will never make any sense to me whatsoever.

Rob said...

Dewayne--

The American Grand Jury system is as close as it gets to the English Star Chamber of the late medieval and Renaissance period.

Star Chamber proceedings moved along without the suspect/defendant being present or represented by counsel. Evidence could be presented, and was, against the target without challenge. Some evidence was contrived. The result of the findings of the Star Chamber proceedings was a Writ of Attainder, in effect the Crown's equivalent of an arrest warrant. You will note that the US Constitution specifically prohibits Writs of Attainder.

Grand Jury proceedings operate in closed session, secret session, like the Star Chamber proceedings. A prosecutor calls witnesses who are compelled to answer all questions if the witness answers a single question. The witness' is not allowed in the Grand Jury room with his/her client. The only option for a witness is to plead the 5th Amendment to any question put forward.

The modeern American Grand Jury does not produce a Writ of Attainder; it produces an indictment, a Bill of Particulars against the target of the proceeding.

Frankly, the secretive nature of the proceeding, and control of it with the prosecution can and does open the door to potential abuses. In sum, the Grand Jury system likely should be allowed to fade into the sunset.

Anonymous said...

jakester,
"Watch what you say about Virginians"
No reflection on you - that is for sure. :)
This story stuck in my head, I am wondering what did they watch?
Who chose the 12 titles?
Was it a matter of personal preference?
Was it like "bel ami", or was it like "treasure island media"?
I mean that could have had an affect on their decision, I think it would have affected mine. I should not joke about this but it is too much!
I think it was you jim who said not that long ago,
"we are just guys with too much time on our hands". :)

Rob said...

Errata to my post @ 3:48

witness' attorney

modern

I regret the inconvenience my lack of proofreading may have caused.

DeWayne In San Diego said...

Rob, Joe and Harlow were indicted WITHOUT a Grand jurys input correct.

The Affidavit of Arrest was presented to a judge who issued the indictment.

yeah Grand Jurys are increasingly irrelevant EXCEPT as my Lawyer friend pointed out,,

"The Grand Jury serves a purpose,, Political cover for the D.A."

Hmm didn't help Nifong in Charlotte the Grand Jury turned on him!

Oh and 2 years in a row we had a County grand jury here in San Diego launch an investigation of the D.A.'s office.

Watch out when the grey hairs get bored and cranky!

And as Americas Baby boomers become seniors look for the Grand Jury system to disappear

Somehow I don't think the ME generation is going to retire Quietly!