Real World Peeves, Disgruntlement, and Irks.
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It's hard to say this, but thankfully Ohio is more progressive in this respect; that promise from the predecessor would have been unenforceable.
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@ganymede That's fascinating. No privity of contract?
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I'm kind of torn on this one. In some instances I can see where that would be good for general matters of justice, and can think of at least two or three instances that I'd carve out for myself, but -- ngh. You should be ably to rely on the promises of the state when it comes to life and/or liberty.
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@saosmash said in Real World Peeves, Disgruntlement, and Irks.:
That's fascinating. No privity of contract?
Promissory estoppel does not apply to public officials who make representations in office. Here, the former prosecutor promised not to prosecute if Cosby would testify at the deposition. That promise would not be binding upon his successor.
If it was in writing, that's a different story.
Frankly, I don't know why Cosby's attorney ever allowed his client to testify in a civil matter on issues which could give grounds to a criminal prosecution, regardless of what the prosecutor said. The Fifth Amendment is there for a reason, not the least of which is that you should never trust the prosecution.
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@ganymede One of my favorite podcasts has rules, if you're ever arrested or a suspect. 1. Never trust anything you're promised, say nothing. 2. Get a lawyer. 3. Never take a polygraph
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@tnp I don't have 45 minutes to watch this at the moment, but I am curious. Is this video about staying silent when questioned, or about not reporting to cops, or both?
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@greenflashlight Both and it's such a good video.
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Tedious fuckers who will not answer "I am free all afternoon every day from Wednesday to Sunday, when can I come by and pick up this item you are selling?" with a TIME, but get cheesed off that I don't have my email open all the time and thus don't answer their non-actionable responses immediately.
I wonder if not answering is worse or better than the appropriate answer of "I just gave you the window of 'when is good for me', now you need to stop asking when is good for me and CHOOSE, or at least tell me when is good for you. Jesus fuck, this is like being married and trying to chose a fucking restaurant."
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@greenflashlight said in Real World Peeves, Disgruntlement, and Irks.:
@tnp I don't have 45 minutes to watch this at the moment, but I am curious. Is this video about staying silent when questioned, or about not reporting to cops, or both?
Yeah, it's quite good. The lecturer is a law professor. And he introduces a detective later on who says - very first thing - 'He's completely right.'
Definitely worth watching.
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Does it address the whole 'domestic violence victim, what to do' thing? Not asking to be argumentative or a jerk or anything, I just get triggered by this sort of thing when it doesn't take that into consideration, so I'd like to watch it, but I also don't want to be left feeling like the worst person ever for calling the cops when my ex husband kicked my ass.
eta: I guess what I'm asking is, does he have a suggestion in there for "violence is currently in progress at me, what to do?", or not?
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@ganymede I hadn't actually realized that he never got it in writing. Especially since they didn't even interpret it on estoppel grounds. Can you ever really act in reasonable reliance on a contract that isn't reduced to writing & get it enforced on a contract theory without reaching equitable estoppel? Ug, this whole thing is even stupider than I realized.
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@sunny Absolutely call the cops if violence is in progress. Absolutely. I would never advise someone not to use law enforcement to protect themselves from violence. Just don't volunteer information not about the incident they're investigating, don't give them permission to search just because they ask, and be prepared to say "I'm invoking my right to remain silent" or "I want an attorney before this goes any further" at any time.
I'm a criminal defense attorney and I've called the police before when I felt endangered (or when someone else was). You just always gotta remember to safeguard yourself and your rights when you do.
Edit: idk what the video says so I'm absolutely just yelling HERE ARE MY THOUGHTS ON THINGS
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For me, the stupider thing is the backlash.
Hear me out.
You and I both know that if a prosecutor makes a deal, you have a right to rely on it.
If a prosecutor offers immunity for testimony, the prosecutor should be expected to hold their word.
That’s what happened here, according to Pennsylvania’s highest court.
Imagine if they held otherwise.
Imagine how many people (of color) they would prosecute based on testimony given under the promise of immunity.
The blame for what happened should fall squarely on the prosecutor who made the promise in the first place.
Promising immunity for testimony in a civil case?
Absolute bullshit.
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@saosmash said in Real World Peeves, Disgruntlement, and Irks.:
You just always gotta remember to safeguard yourself and your rights when you do.
From what I recall of the video, this is mostly what it goes into. Not so much "don't ever call the police" more "If the police speak to you, this is what you should remember."
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That's a good video, I watched it a while ago. Basically it says the police will lie, take things out of context and try to incriminate you if they need a conviction. You can't trust an officer when they suggest bringing a lawyer into it makes you look guilty, or if they claim they don't consider you a suspect.
The gist of it is: keep your mouth shut, and if you are detained get yourself a lawyer before you say anything else at all.
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Do the crime, do the time, keep schtum, and all cops are bastards.
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@arkandel said in Real World Peeves, Disgruntlement, and Irks.:
The gist of it is: keep your mouth shut, and if you are detained get yourself a lawyer before you say anything else at all.
In a nutshell.
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If I see one more dating profile about a married polyamorous woman just seeking a "belaytionship" or a TRUE THIN BLUE LINE patriot who just wants to square dance and sneers about vaccinations and masks I am going to hurl my phone into the sun and surrender to my fate of being a wild mountain hermit.
God, the dating scene is miserable out here.
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@wizz said in Real World Peeves, Disgruntlement, and Irks.:
If I see one more dating profile about a married polyamorous woman just seeking a "belaytionship" or a TRUE THIN BLUE LINE patriot who just wants to square dance and sneers about vaccinations and masks I am going to hurl my phone into the sun and surrender to my fate of being a wild mountain hermit.
God, the dating scene is miserable out here.
....What the fuck is a belaytionship??