Ask a guy starting his second semester of law school today anything

[WhoSayWho? 5,000+ posts]

I personally think he should pay a lawyer a couple grand instead of a $75 ticket.
It's the only logical solution to the matter at hand.//content.invisioncic.com/y282845/emoticons/crazy.gif.c13912c32de98515d3142759a824dae7.gif

Either that or he can continue to irritate the hell out of the good, honest members of this forum who pay their debts to society.

 

[Flipx99 5,000+ posts]

Furthermore,

The right to a speedy trial does not apply to every stage of a criminal case. It arises only after a person has been arrested, indicted, or otherwise formally accused of a crime by the government. Before the point of formal accusation, the government is under no Sixth Amendment obligation to investigate, accuse, or prosecute a defendant within a specific amount of time.

 

[faulkton 5,000+ posts]

I also would like to point out that while he claims laws school is so hard he has zero free time, he is here wasting time on this thread after the first day of class..

Something doesn't add up.

 

[WhoSayWho? 5,000+ posts]

The Sixth Amendment speedy trial guarantee has been before the Supreme Court a number of times. The Court has spoken eloquently about its importance as a fundamental right and in Klopfer v. North Carolina (1967) incorporated it into the Fourteenth Amendment's Due Process Clause. Despite the applicability of the speedy trial doctrine to notoriously overcrowded state courts, the Court has rarely found the right to have been violated. For instance, in Barker v. Wingo (1972), it held that despite a five‐year delay between indictment and trial, there was no violation of the right. Observing that circumstances vary in each case, the Court rejected a hard and fast time‐limit rule in favor of a balancing test that considers length of delay, reason for delay, prejudice to the defendant, and the defendant's timely assertion of rights. However, when balancing these factors, the Court almost invariably has ruled in favor of the prosecution.

Prejudice to the defendant -- that is why I previously suggested that he kill himself.

 

[faulkton 5,000+ posts]

I posit he is either trying to find the link he has eluded to, or he has run off in fear.

 

[Flipx99 5,000+ posts]

source from above : West's Encyclopedia of American Law

I dunno how valid the source is, but I'd venture to say it's better than a crapshoot.

It doesn't look like you are going to win this one.

 

[WhoSayWho? 5,000+ posts]

I also would like to point out that while he claims laws school is so hard he has zero free time, he is here wasting time on this thread after the first day of class..
Something doesn't add up.

What doesn't add up is that he said he just started his study of judicial review and yet he can not tell us the holding in McCulloch v. Maryland.

 

[qtipextra 5,000+ posts]

I posit he is either trying to find the link he has eluded to, or he has run off in fear.

If you are talking about me, I am right here.

 

[Flipx99 5,000+ posts]

I also would like to point out that while he claims laws school is so hard he has zero free time, he is here wasting time on this thread after the first day of class..
Something doesn't add up.

He could be dilligently surfing that website you posted (the one about where the govt was not responsible for destroying a house while collecting evidence).

 

[Flipx99 5,000+ posts]

If you are talking about me, I am right here.

Are you a law student?

 

[faulkton 5,000+ posts]

could be.

 

[faulkton 5,000+ posts]

but i doubt it.

 

[qtipextra 5,000+ posts]

Are you a law student?

lol no. I didn't know who faulkton was referring to.

 

[faulkton 5,000+ posts]

the OP

 

[faulkton 5,000+ posts]

who seems to have run off in fear.