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T.P.I. -- CRIM 1.08

JURY: JUDGES OF FACTS AND LAW

You are the exclusive judges of the facts in this case. Also, YOU ARE THE EXCLUSIVE JUDGES OF THE LAW under the direction of the court. You should apply the law to the facts in deciding this case. You should consider all of the evidence in the light of your own observations and experience in life.

COMMENTS 1. This instruction must be given in each case.

www.tncrimlaw.com/TPI_Crim/index.htm

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The problem began when the vet didn't bow down and kiss the jackboots of the cop

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Originally posted by Kirkules:
I just can't believe this kind of story doesn't have another side to it. If these stories were true, we would have "victims" of the system taking sniper rifles to the nearest tower every day of the week. The fact that it almost never happens either means there's more to these stories or the cops only pick on sheeple.

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Originally posted by dreamtrove:

On appeals, even if you are released, and charges are reversed, they will still not remove your name from the sex offender list. i read a story about this last year at some point, a group of people who are in this status, all charges dropped, for various reasons including mistaken identity, can still not get their names removed.

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EXPUNGEMENT OF CRIMINAL RECORDS

Not Guilty? Case Dismissed? Deferred Probation? It’s not over yet… When you are arrested and charged with a crime, a public record is created at the police station and forwarded to the Tennessee Department of Safety. That record is entered into a Tennessee state database and then forwarded to the National Crime Information Center (NCIC). From there this sensitive information gains a life of its own and can make your life difficult for years to come. Any future traffic tickets will result in additional charges above the charge named in the traffic stop, and judges can order a stiffer sentence, up to and including felony conviction under the Habitual Offender statute. Hint: When a cop asks a motorist, "Do you have any previous traffic tickets or convictions?" SHUT UP and exercise your 5th Amendment right to not testify against yourself. Arrest records can be obtained by private companies for their own use, such as when a prospective employer does a background check before hiring or when a landlord does a background check before offering a lease. A college may do a background check as part of its acceptance procedure or before offering campus housing. A criminal record, even one that says you were found innocent, can be enough to cause a potential employer or landlord to steer clear. Juvenile records are NOT automatically sealed from consideration after becoming an adult, and in many states are automatically entered into adult criminal databases. But there are remedies to this problem for some people. You can pay a lawyer $1,500 to $2,500 to file a motion for expungement, or you can do it yourself for free (in most cases, with max cost of $50).

An expungement is the destruction of public records of a criminal charge including the fact of the arrest. In Tennessee expungements are governed by T.C.A. § 40-32-101. Anyone can submit a petition/motion for expungement, there is no limitation. The only requirement for expungement is that you have completed your sentence and/or exhausted all appeals. You may be eligible for an expungement if you received Pre-Trial Diversion, Judicial Diversion, Charges were dismissed, No True Bill was rendered by Grand Jury, Verdict of Not Guilty returned by jury, Conviction was reversed on appeal, Cases where citizen is detained by police but not charged, all public records of a person who has been convicted of an offense that was committed prior to such person's twenty-first birthday shallbe expunged. Upon petition by a defendant in the court which entered a nolle prosequi in the defendant's case, the court shall order all public records expunged. A person who is exonerated by the governor under TCA § 40-27-109. Executive pardons are not eligible for expungement. See, State v. Blanchard, 100 S.W.3d 226 (Tenn.Crim.App. 2002). After a conviction has been expunged, release of such confidential records or information to law enforcement agencies for law enforcement purposes is a Class A misdemeanor punishable by 11 months and 29 days in jail and a $2,500 fine.

www.nashville-criminal-lawyer.org/tennessee-expungement.html
www.publicrecordcenter.com/tennessee_public_records_expungements.htm
http://criminal.findlaw.com/crimes/expungement/expungement-state-info.
html

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"The US Supreme Court said in Miranda that there's 40,000 police jurisdictions in America. We expect one civil rights crime in every one of those agencies every day. 40,000 times 365 days a year is 14,600,000 crimes committed by police every year. Hell, there's only 14,200,000 crimes committed by the criminals. The police commit more crimes against the People than the criminals commit!"
-George Gordon, The Policeman Is Not Your Friend, He Is Your Adversary
http://db.georgegordon.com/index2007.html
http://www.georgegordon.org/A/P/0267c-32.mp3
http://en.wikipedia.org/wiki/Miranda_v._Arizona

"10% of cops are honest, 10% are dishonest, and 80% wish they were honest."
-Detective Frank Serpico, NYPD, testimony to Knapp Commission

COP.
2. to steal; filch.
3. to buy (narcotics).
4. cop out, a. to avoid one's responsibility, the fulfillment of a promise, etc.; renege; back out.
b. cop a plea.
5. cop a plea, a. to plead guilty or confess in return for receiving a lighter sentence.
b. to plead guilty to a lesser charge as a means of bargaining one's way out of standing trial for a more serious charge; plea-bargain.
-Dictionary.com, Random House Unabridged Dictionary 2006

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TN Code 39-13-529. Offense of soliciting sexual exploitation of a minor — Exploitation of a minor by electronic means

(a) It is an offense for a person eighteen (18) years of age or older, by means of oral, written or electronic communication, electronic mail or Internet service, including webcam communications, directly or through another, to intentionally command, hire, persuade, induce or cause a minor to engage in sexual activity or simulated sexual activity that is patently offensive, as defined in § 39-17-1002, where such sexual activity or simulated sexual activity is observed by that person or by another.

(b) It is unlawful for any person eighteen (18) years of age or older, directly or by means of electronic communication, electronic mail or Internet service, including webcam communications, to intentionally:

(1) Engage in sexual activity, or simulated sexual activity, that is patently offensive, as defined in § 39-17-1002, for the purpose of having the minor view the sexual activity or simulated sexual activity, including circumstances where the minor is in the presence of the person, or where the minor views such activity via electronic communication, including electronic mail, Internet service and webcam communications;

(2) Display to a minor, or expose a minor to, any material containing sexual activity or simulated sexual activity that is patently offensive, as defined in § 39-17-1002, where the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the minor or the person displaying the material; and

(3) Display to a law enforcement officer posing as a minor, and whom the person making the display reasonably believes to be less than eighteen (18) years of age, any material containing sexual activity or simulated sexual activity that is patently offensive, as defined in § 39-17-1002, where the purpose of the display can reasonably be construed as being for the sexual arousal or gratification of the intended minor or the person displaying the material.

(c) The statute of limitations for the offenses in this section shall be the applicable statute for the class of the offense, or until the child reaches the age of eighteen (18), whichever is greater.

(d) A person is subject to prosecution in this state under this statute for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where the conduct involved a minor located in this state.

(e) (1) A violation of subsection (a) is a Class B felony.

(2) A violation of subsection (b) is a Class E felony; provided, that, if the minor is less than thirteen (13) years of age, the violation is a Class C felony.

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TN Code 39-17-1002. Part definitions. —

The following definitions apply in §§ 39-17-1002 — 39-17-1007, unless the context otherwise requires:

(1) “Community” means the judicial district, as defined by § 16-2-506, in which a violation is alleged to have occurred;

(2) “Material” means:

(A) Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation;

(B) Any statue, figure, theatrical production or electrical reproduction;

(C) Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval; or

(D) Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission;

(3) “Minor” means any person who has not reached eighteen (18) years of age;

(4) “Patently offensive” means that which goes substantially beyond customary limits of candor in describing or representing such matters;

(5) “Performance” means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one (1) or more persons;

(6) “Promote” means to finance, produce, direct, manufacture, issue, publish, exhibit or advertise, or to offer or agree to do those things;

(7) “Prurient interest” means a shameful or morbid interest in sex; and

(8) “Sexual activity” means any of the following acts:

(A) Vaginal, anal or oral intercourse, whether done with another person or an animal;

(B) Masturbation, whether done alone or with another human or an animal;

(C) Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;

(D) Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;

(E) The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;

(F) Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or

(G) Lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person.

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So shut the hell up and wait for YOUR lawyer to get there - and make sure you've put one on retainer who is so evil people think you summoned him from a pentacle drawn in blood instead of the yellow pages.

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Originally posted by dreamtrove:

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So shut the hell up and wait for YOUR lawyer to get there - and make sure you've put one on retainer who is so evil people think you summoned him from a pentacle drawn in blood instead of the yellow pages.

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Everyone needs one of these

But he better be played by Pacino


PN, I take issue with Moloch being an owl. As of when? Of course I have to look up owls of africa
http://www.owlpages.com/owls.php?location=Africa

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They changed to an owl to keep it more covert.

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