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mannc

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Everything posted by mannc

  1. How do you know he's on tape admitting that? Has the tape been released or are you relying on what a plaintiff's lawyer is telling you is on the tape? And your legal conclusion is simply wrong.
  2. And again, almost 100% of the information that's publicly available at this point is coming from a plaintiff's lawyer.
  3. No, they cannot. They are bound by the terms of the CBA. They can cut a player, but the player has the right to file a grievance if he believes the team's action violates the CBA.
  4. You appear to be basing this extreme opinion--kick this guy off the Bills' roster before there's any sort of adjudication or, to our knowledge a thorough investigation--on what's been said by a plaintiff's lawyer and what's been alleged in the plaintiff's complaint. I don't think that's prudent. If I'm wrong about that, tell me what else you're basing your opinion on.
  5. No, it's not and no you can't. Players are union members and their employment is subject to a collective bargaining agreement. They are not "at-will" employees.
  6. Which is why in most states the age of consent is lower, and why the prosecution has to prove that there was no reasonable mistake about the girl’s true age, and why “statutory rape” between people of those ages is almost never prosecuted unless there are other aggravating circumstances.
  7. Let me repeat myself: he doesn’t have to prove it.
  8. It’s not a defense. No reasonable mistake as to age is an element of the crime that has to be proven by the state.
  9. He doesn’t have to claim it; state has to prove no reasonable mistake.
  10. He doesn’t have to testify. Prosecutors have to prove there was no reasonable mistake as to her age.
  11. If Araiza had nothing to do with any gang rape, he’s very unlikely to be in serious criminal trouble for having sex with a 17-year old who was telling people she was 18, if that’s what happened, of course.
  12. Yes, you’re right. But prosecutors would have to prove there was no reasonable mistake about her age.
  13. I’ll stand by the US Constitution. It’s worked pretty well.
  14. The constitution. States get to make their own laws regarding most criminal offenses. It’s a power the federal govt can’t take away, much as they try.
  15. Ok, but if it falls under one of those exceptions, then it wasn’t illegally obtained.
  16. I assume you’re talking about a telephone call…some states require two party consent to record in-person conversations but not not phone calls…doesn’t make sense to me, but that’s the way it is.
  17. Nope. If illegal, can’t be used for any purpose.
  18. Not if it was illegally obtained; can’t be used for any purpose, and in most states an illegal recording is itself a crime.
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