Jackie Fellows <[EMAIL PROTECTED]> writes:
Hi Bill
I am getting a little apprehensive about some of the recent rulings of
courts. It seems with our reactive type laws and policies, we forget the
middle ground and swing from one side of the pendulum to the other. And, of
course, there are some that will have the money again to fight any of these
rulings so it just seems to increase the inequality in how justice is
distributed.
jackief
William J. Foristal wrote:
> [EMAIL PROTECTED] (William J. Foristal) writes:
>
> Hi Jackie,
>
> Good points and I don't know the answer. :) I think that there are very
> strict rules about when this type of evidence can be accepted by the
> judge. But there has to be some situations where it should be accepted,
> IMO. For example, what if this kind of evidence is the only evidence
> showing that someone is an unfit parent and should not have custody of
> their children. Should it be ignored? I don't think so.
>
> But it IS a touchy issue and the big problem, IMO, is when prosecutors
> and/or judges might abuse the rules and accept these items of evidence
> when it is more prejudicial than probative.
>
> Bill
>
> On Wed, 11 Mar 1998 04:28:10 -0600 Jackie Fellows <[EMAIL PROTECTED]>
> writes:
> >Jackie Fellows <[EMAIL PROTECTED]> writes:
> >
> >
> >Hi Bill and Dr. L
> >
> >Here I go again--off the wall questions about things. It just
> >occurred to me
> >that if evidence such as diaries, computer files, etc. are admissible
> >as
> >evidence than is that going to affect one of the counseling tools that
> >are
> >often used to assist clients in coming to terms with their anger, past
> >abuse
> >issues, etc. Journaling, writing poetry or stories is a very
> >effective and
> >popular therapy tool. However, if courts are going to allow this type
> >of
> >material to enter as evidence--then what?? Just a thought.
> >
> >jackief
> >
> >William J. Foristal wrote:
> >
> >> [EMAIL PROTECTED] (William J. Foristal) writes:
> >>
> >> Hello Doctor,
> >>
> >> I know exactly what you mean. It's like reading a book and not
> >wanting
> >> to look ahead to how the plot is resolved. You could always find
> >the
> >> answer on the net somewhere, I'm sure, but it's probably more fun
> >waiting
> >> to see how they covered it. I'm assuming this is on Court TV?
> >>
> >> Bill
> >>
> >> On Tue, 10 Mar 1998 14:51:57 -0800 "Dr.L.D.Misek-Falkoff"
> >> <[EMAIL PROTECTED]> writes:
> >> >"Dr.L.D.Misek-Falkoff" <[EMAIL PROTECTED]> writes:
> >> >
> >> >
> >> >Hi Bill - turns out that it is a January 1997 trial. Don't you
> >love
> >> >it
> >> >when they raise a question, and if you have the time you can (that
> >is,
> >> >one can, since you yourself are probably not hooked) wait around
> >three
> >> >days to hear the matter come up again. I may never know if in
> >> >California v. Bray and Ayers or Akers the computer files, like
> >> >diaries,
> >> >did come in or not (as 'state of mind' exception to hearsay, for
> >> >example). The consolation is that whatever way the judge rules
> >(here
> >> >regarding possible plans to commit murder), it is interesting to
> >hear
> >> >the sides argued. Thx for the post! :-) LDMF.
> >> >---------------------William J. Foristal
> >wrote:----------------------
> >> >>
> >> >> [EMAIL PROTECTED] (William J. Foristal) writes:
> >> >>
> >> >> Hello Doctor,
> >> >>
> >> >> I would think it would be identical to a tape recorded statement.
> >> >Even
> >> >> if someone makes the tape and never plays if for anyone I would
> >> >think it
> >> >> could be offered as evidence if it met the other criteria. Let
> >us
> >> >know
> >> >> what the judge rules.
> >> >>
> >> >> Bill
> >> >>
> >> >> On Tue, 10 Mar 1998 13:31:08 -0800 "Dr.L.D.Misek-Falkoff"
> >> >> <[EMAIL PROTECTED]> writes:
> >> >> >"Dr.L.D.Misek-Falkoff" <[EMAIL PROTECTED]> writes:
> >> >> >
> >> >> >
> >> >> >Is anyone watching the Court-tiv 'Murdered Mom' (Ayers trial)
> >where
> >> >> >they
> >> >> >are arguing to a judge that what is input to a computer is not a
> >> >> >statement unless and until published to someone? The judge is
> >> >saying
> >> >> >that a statement is justan oral or written expression sop
> >computer
> >> >> >files
> >> >> >are admissible. Lawyer is arguing that its just a thought
> >process,
> >> >> >when
> >> >> >someone types into a computer, unless and until it is published.
> >> >> >Overall
> >> >> >context is whether its a statement and under the evidence code
> >can
> >> >be
> >> >> >admitted. Judge hasn't ruled yet (defense is saying its
> >hearsay,
> >> >if
> >> >> >it
> >> >> >is a statement at all). :) LDMF
> >> >> >
> >> >> >PS: commentator says its like a diary, not intended to be read
> >but
> >> >can
> >> >> >be used against someone.
> >> >> >
> >> >> >
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> >> >> >
> >> >>
> >> >>
> >>
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> >
> >--
> >In the sociology room the children learn
> >that even dreams are colored by your perspective
> >
> >I toss and turn all night. Theresa Burns, "The Sociology Room"
> >
> >
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