nisidhe
Hank Scorpio
O Superman....O judge....O Mom and Dad....
Posts: 5,778 
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Post by nisidhe on Dec 12, 2017 4:59:34 GMT -5
Not how it works, bro, sorry. With it being a public incident, she doesn't even have to ever show up in court for this to get real ugly for Swann. As far as bringing their profession into it to muddy the waters, the problem there is that it isn't 1974 anymore and no court of law would even let that make it into the arguments. You're missing the point. lets take this to the extreme. If you witness me murder someone, but there is no body found, in a court of law I'd be found innocent no matter how much evidence shows I committed a crime. It's not until the body is found that I could ever even be considered a murderer. With out her confirming that what happened was a crime it's the same idea... In a growing number of juridictions, it's the police acting on the people's behalf, not the victim, who presses changes in cases of domestic violence. This is because of the perceived waste of resources in investigating such crimes due to the victim recanting, or denying abuse, or otherwise being "highly motivated" not to see the abuser face consequences for their actions. That perception, left unchecked, would contribute to police not taking domestic violence seriously and to a tacit acceptance of domestic violence within society. In other words, depending on where this all went down, it's not going to matter if "there's no victim." The people of the jurisdiction would all be victims if a witnessed domestic abuser walks. |
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Mozenrath
FANatic
Foppery and Whim
Speedy Speed Boy
Posts: 122,263
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Post by Mozenrath on Dec 12, 2017 5:06:40 GMT -5
You're missing the point. lets take this to the extreme. If you witness me murder someone, but there is no body found, in a court of law I'd be found innocent no matter how much evidence shows I committed a crime. It's not until the body is found that I could ever even be considered a murderer. With out her confirming that what happened was a crime it's the same idea... No you wouldn't. There have been large amounts of murder convictions in which the bodies were never found. It literally happens all the time. And do note that those listed are just the prominent ones. The article even starts off with They were rounding down, clearly. |
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Post by Tenshigure on Dec 12, 2017 8:34:27 GMT -5
Um... There have been plenty of people convicted of murder over the years without the body ever being found. not plenty... There are some around 10 in the history of the world.. There are more than 10 episodes of Forensic Files that involve murders where the body isn't found, come on now... |
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msc
Dennis Stamp
Posts: 4,567
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Post by msc on Dec 12, 2017 11:00:18 GMT -5
You're missing the point. lets take this to the extreme. If you witness me murder someone, but there is no body found, in a court of law I'd be found innocent no matter how much evidence shows I committed a crime. It's not until the body is found that I could ever even be considered a murderer. With out her confirming that what happened was a crime it's the same idea... No you wouldn't. There have been large amounts of murder convictions in which the bodies were never found. It literally happens all the time. There is actually an infamous British serial killer, Haigh, who used acid to destroy the bodies of his victims on this very assumption. He got caught, there was lots of evidence found without the actual bodies (long since destroyed) and he was hanged. And this was the 1940s. |
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Post by A Platypus Rave is Correct on Dec 12, 2017 13:24:45 GMT -5
You're missing the point. lets take this to the extreme. If you witness me murder someone, but there is no body found, in a court of law I'd be found innocent no matter how much evidence shows I committed a crime. It's not until the body is found that I could ever even be considered a murderer. With out her confirming that what happened was a crime it's the same idea... In a growing number of juridictions, it's the police acting on the people's behalf, not the victim, who presses changes in cases of domestic violence. This is because of the perceived waste of resources in investigating such crimes due to the victim recanting, or denying abuse, or otherwise being "highly motivated" not to see the abuser face consequences for their actions. That perception, left unchecked, would contribute to police not taking domestic violence seriously and to a tacit acceptance of domestic violence within society. In other words, depending on where this all went down, it's not going to matter if "there's no victim." The people of the jurisdiction would all be victims if a witnessed domestic abuser walks. Yeah, in many places it was deemed as irresponsible to need the victim to press charges. Due to the cycle of abuse where the victim is likely to return to their abuser |
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Deleted
Deleted Member
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Post by Deleted on Dec 15, 2017 11:00:40 GMT -5
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Post by YAKMAN is ICHIBAN on Dec 15, 2017 11:12:11 GMT -5
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Post by edgestar on Dec 15, 2017 11:26:48 GMT -5
on the legal side it'll be an interesting time. If she does not press charges there might not be a case here. Most times things like abuse need "damages" and kidnapping needs a person to say it was against her "will." Swan's wife has a legal right not to testify against her husband. While the evidence is pretty cut and dry, the major key is the victim to confirm they were the target of the abuse. If the victim is not willing to say they were the victim it essentially (in legal terms) means there is no victim. Any lawyer worth their salt could defend this with ease. ...except False Imprisonment is a third degree felony, not a simple misdemeanor if it were only Simple Battery (Domestic), and a victim's statement isn't the only thing that decides if a felony is convicted or not. It's the responsibility of the State to use all available information to determine if there should be a conviction; with two eyewitness accounts corroborating what she said (especially the one about Swann getting out of a moving car to chase her down), it's not as simple as what you're trying to play off here. Even if his attorney recommends pleading to lesser charges (ie one that doesn't include jail time), it's still an admission of guilt and an immediate termination from the WWE. It's going to take a hell of a lot more than "any lawyer worth their salt" to not only win this one, but also somehow retain his employment if any of it is true. I read that as third degree kidney.. |
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Deleted
Deleted Member
Posts: 0
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Post by Deleted on Dec 15, 2017 12:50:22 GMT -5
Sad man. So they were doomed from the start.
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lucas_lee
Hank Scorpio
Heel turn is finished, now stripping away my personality
Posts: 7,095
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Post by lucas_lee on Dec 21, 2017 10:33:02 GMT -5
Welp we might see him back soon  |
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Allie Kitsune
Crow T. Robot
Always Feelin' Foxy.
HaHa U FaLL 4 LaVa TriK
Posts: 46,946
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Post by Allie Kitsune on Dec 21, 2017 10:42:23 GMT -5
Sad man. So they were doomed from the start. So many people often are... |
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Post by Oh Cry Me a Screwball on Dec 21, 2017 17:27:50 GMT -5
For what it's worth, 205 Live had a new intro this week with Swann completely gone.
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Deleted
Deleted Member
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Post by Deleted on Dec 21, 2017 17:30:37 GMT -5
For what it's worth, 205 Live had a new intro this week with Swann completely gone. Good. |
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AlexaBliss4Life
Unicron
Alexa Bliss is the Queen the wrestling world needs!
Posts: 2,610 
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Post by AlexaBliss4Life on Dec 21, 2017 20:55:15 GMT -5
According to something I read recently, they reconciled, so make of that what ya will.
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Deleted
Deleted Member
Posts: 0
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Post by Deleted on Dec 21, 2017 20:59:41 GMT -5
According to something I read recently, they reconciled, so make of that what ya will. Actually pretty common in dysfunctional relationships sad their outbursts cost him his career |
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Post by Feargus McReddit on Dec 21, 2017 21:00:49 GMT -5
According to something I read recently, they reconciled, so make of that what ya will. Honestly, they could reconcile all they want, there are still witness accounts of what happened which essentially means he’d still go to jail over it. |
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AlexaBliss4Life
Unicron
Alexa Bliss is the Queen the wrestling world needs!
Posts: 2,610
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Post by AlexaBliss4Life on Dec 21, 2017 21:02:13 GMT -5
According to something I read recently, they reconciled, so make of that what ya will. Honestly, they could reconcile all they want, there are still witness accounts of what happened which essentially means he’d still go to jail over it. True, that is a good possibility. Just relaying what I found. |
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chazraps
Wade Wilson
Better have my money when I come-a collect!
Posts: 28,331
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Post by chazraps on Dec 21, 2017 21:17:56 GMT -5
Honestly, they could reconcile all they want, there are still witness accounts of what happened which essentially means he’d still go to jail over it. True, that is a good possibility. Just relaying what I found. No, you didn't, as you didn't include a link. |
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Post by 1 Free Moon-Down with Burger on Dec 21, 2017 22:05:28 GMT -5
According to something I read recently, they reconciled, so make of that what ya will. Means nothing honestly. Abusive relationships constantly reconcile . |
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Post by Final Countdown Jones on Dec 21, 2017 22:08:55 GMT -5
According to something I read recently, they reconciled, so make of that what ya will. Only thing to really make of this news:  |
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