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freethinker Professional
Joined: 27 Sep 2009 Posts: 1352 Location: hardback chair
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Posted: Tue Dec 08, 2009 12:17 pm Post subject: |
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Now you're getting Kafkaesque....
When the two most reasonable and responsible people on this forum--- amom, who understands children, (which you don't), And SSSS, who understands the legal system, (which you don't )-- disagree with you...and they both maintain that the kid should not be charged,
the continuation of your opposition changes from Robespierre,, to ...
to Phony _________________ where-ever you get it - there you have it. - Anon. |
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Cylinsier Master
Joined: 29 Sep 2008 Posts: 13229 Location: Oh shi-
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Posted: Tue Dec 08, 2009 12:21 pm Post subject: |
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Its not up to amom or SSSS whether or not the kid should be charged. It has nothing to do with understanding children either. I answered the question based on the information given.
Quote: | Police allege Baker did "command, encourage or request" his son to accompany him to his wife's home on Nov. 20. He also enlisted the youth to help him remove or destroy evidence and to provide him with an alibi, and told him to to tell authorities what had happened, police said. |
If those allegations are true, the kid committed a crime. He therefore must be charged. It is the job of the courts to determine whether or not the kid should be held accountable or if he should be punished, and nobody else. Thus, he must go to court.
I'm not determining that the kid should be charged, I'm agreeing with the polices' determination that the kid should be charged because they know more about it than we do.
This really is an incredibly simple issue once you separate emotion out of it and look at it logically. _________________ The end is nigh! OR forums die APRIL 1. Don't lose contact! Join the forums at bogsource.com now! |
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Brant Admin
Joined: 29 Sep 2008 Posts: 5277 Location: Hopewell Township
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Posted: Tue Dec 08, 2009 12:27 pm Post subject: |
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But the police have NOT determined that the kid should be charged. It's still very much up in the air. _________________
The priests of the different religious sects dread the advance of science as witches do the approach of daylight.
- Thomas Jefferson |
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Cylinsier Master
Joined: 29 Sep 2008 Posts: 13229 Location: Oh shi-
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Posted: Tue Dec 08, 2009 12:31 pm Post subject: |
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And if they decide not to charge him, then it will be based on either new evidence or a new interpretation of the given evidence.
Again, I based my answer only on what information I was provided. The question was,
"Should Scott J. Baker's 12-year-old son, whom police say Baker enlisted in his plan to kill his wife, be charged in Melissa Ann Baker's death?"
Based only on the information provided, the answer is yes. If the question had been, "Using evidence you made up, should Baker's son be charged," then we would be having a different discussion. If and when the police decide not to press charges, I will be interested to read their reasoning and I will most likely agree with it because, again, they know more than I do. All I know now is what they have told us and what they have told us warrants charges. _________________ The end is nigh! OR forums die APRIL 1. Don't lose contact! Join the forums at bogsource.com now! |
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freethinker Professional
Joined: 27 Sep 2009 Posts: 1352 Location: hardback chair
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Posted: Tue Dec 08, 2009 12:33 pm Post subject: |
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Man...did you take extra serious pills today...? Dude...relax _________________ where-ever you get it - there you have it. - Anon. |
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SSSS Journeyman
Joined: 13 Oct 2008 Posts: 3753 Location: Wash PA
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Posted: Tue Dec 08, 2009 12:34 pm Post subject: |
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the determination that needs to be made is this-yes what he did was wrong, but does it rise to the level of a criminal offense? Did he meet the rules of culpability in that did he act recklessly, intelligently, knowingly, or intentionally. If the answwer is not yes to those, then charges should not be filed. _________________
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Cylinsier Master
Joined: 29 Sep 2008 Posts: 13229 Location: Oh shi-
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Posted: Tue Dec 08, 2009 12:37 pm Post subject: |
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SSSS wrote: | the determination that needs to be made is this-yes what he did was wrong, but does it rise to the level of a criminal offense? Did he meet the rules of culpability in that did he act recklessly, intelligently, knowingly, or intentionally. If the answwer is not yes to those, then charges should not be filed. |
I think that's a determination you have to make after you file the charges, in which case you drop them.
I'm speculating now, but assuming the information provided in the article is accurate and complete, the kid should be charged with accessory after the fact. The legal process begins. The prosecution examines the evidence, determines that the kid was not mentally capable of understanding his role in the crime, and the charges are dropped. The case never goes to court. The kid goes to foster care and has no idea he was ever even charged. _________________ The end is nigh! OR forums die APRIL 1. Don't lose contact! Join the forums at bogsource.com now! |
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amom Mod
Joined: 29 Sep 2008 Posts: 2753 Location: You can't get here from there
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Posted: Tue Dec 08, 2009 12:41 pm Post subject: |
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Thank you, SSSS. I'm not looking at this completely emotionally. Trust me I have seen some really creepy 12 year olds that probably would have been fully capable of doing this deed themselves and enlisting the help of their fathers. But, based on what I've read of this case and recognizing that the entire story has not been printed, I still feel the boy seems to be a victim. If charges have not yet been charged, the mention of "maybe" charging him should never had been newsworthy. _________________ -amom
"If stupidity got us into this mess, then why can't it get us out?"
- Will Rogers |
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Cylinsier Master
Joined: 29 Sep 2008 Posts: 13229 Location: Oh shi-
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Posted: Tue Dec 08, 2009 12:43 pm Post subject: |
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There seems to be some correlation between "charging" and "torturing" in Washington county. Maybe I'm just no familiar with local legal practice. _________________ The end is nigh! OR forums die APRIL 1. Don't lose contact! Join the forums at bogsource.com now! |
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amom Mod
Joined: 29 Sep 2008 Posts: 2753 Location: You can't get here from there
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Posted: Tue Dec 08, 2009 12:44 pm Post subject: |
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and Cy's posts would not have jumped up 14. _________________ -amom
"If stupidity got us into this mess, then why can't it get us out?"
- Will Rogers |
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freethinker Professional
Joined: 27 Sep 2009 Posts: 1352 Location: hardback chair
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Posted: Tue Dec 08, 2009 1:03 pm Post subject: |
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Or maybe, Moriarty, you have much more faith in the legal system, than a con-man like me, would ever enjoy....
Whether this kid is guilty or innocent of a felony, he should be treated, not prosecuted....And yeah, I do have faith in the law enforcement officers who know more than we do...and I'm certain they will evaluate the situation, and make our concerns unnecessary _________________ where-ever you get it - there you have it. - Anon. |
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SSSS Journeyman
Joined: 13 Oct 2008 Posts: 3753 Location: Wash PA
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Posted: Tue Dec 08, 2009 1:04 pm Post subject: |
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No Cy that determination must be made BEFORE the charges are filed. It is in the PA Rules of Criminal Procedure-Rules of Culpability.
The father should be charged additionally with Criminal Coercion but I maintain that the charges against the boy should not be filed-he was not culpable given the information YOU provide.
Seriously Cy-just this once admit you MAY be wrong. It will not hurt for long. We do not expect you to be an expert of every subject. _________________
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freethinker Professional
Joined: 27 Sep 2009 Posts: 1352 Location: hardback chair
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Posted: Tue Dec 08, 2009 1:08 pm Post subject: |
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Unleash He11, SSSS... _________________ where-ever you get it - there you have it. - Anon. |
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SSSS Journeyman
Joined: 13 Oct 2008 Posts: 3753 Location: Wash PA
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Posted: Tue Dec 08, 2009 1:09 pm Post subject: |
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_________________
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Brant Admin
Joined: 29 Sep 2008 Posts: 5277 Location: Hopewell Township
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Posted: Tue Dec 08, 2009 1:10 pm Post subject: |
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Sometimes there's just no reasoning with Cy. Sigh. _________________
The priests of the different religious sects dread the advance of science as witches do the approach of daylight.
- Thomas Jefferson |
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