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Re: JC Woman Accuses Murphy Staffer of Rape
#1
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Quote:

K-Lo2 wrote:
Do criminal defendants deserve different rights depending on the charge? That sounds like what I'm hearing.


Think you need to separate things:
1. Is the law constitutional?
2. Does the accused rights change if they are in breach of such a law?

For example, sovereign citizens/travelers believe it's unconstitutional to require license and proof of insurance when operating a vehicle. Are their rights being violated if they're charged with doing so? The prosecution need only prove they broke the law. If the law is badly crafted, it may get tossed by a higher court.

Defendants rights generally don't change. Though rules of evidence can change depending on the charge - as is the case with rape shield laws. And arguably that leads to charge-dependant rights.

Posted on: 12/10 11:30

Edited by dtjcview on 2018/12/10 11:52:43
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Re: JC Woman Accuses Murphy Staffer of Rape
#2
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Can't argue with that logic ego.

Posted on: 12/9 10:26
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Re: JC Woman Accuses Murphy Staffer of Rape
#3
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Quote:

bodhipooh wrote:
... but your suggestions are outlandish and your proposed solutions unworkable and will never see the light of day.

...


And you Bodipooh seem more interested in defending the rights of rapists with empty rhetoric, than engaging in a constructive debate. Think I'm done responding to you.

Posted on: 12/8 12:56
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Re: JC Woman Accuses Murphy Staffer of Rape
#4
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Quote:

jerseymom wrote:
Here's a little food for thought. This is just to make one consider the issue of consent and how one obtains it and keeps it - is a contract/app/agreement really workable?

New app lets you request consent

An open letter from all women...to LegalFling

The Problems with Sexual Consent Apps

...and I thought dating in the 80's sucked.




The tech will come - but not with over-engineered and intrusive solutions like Legalfling. (Yet another absurd use of Blockchain).

Siri, Alexa and Google could have standard sets of voice-enabled personal security apps/skills, backed with AI, that can record consent/non-consent, securely record and store events - that could be used as evidence in a prosecution, alert local police, etc. Those apps could be extended to general personal security apps to provide protection against any personal crime (or unreasonable charges for that matter).

Start small, then build on that. Getting people to record a text conversation would be a great improvement. "Fancy a shag?"."Yes/no".

Posted on: 12/8 11:12
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Re: JC Woman Accuses Murphy Staffer of Rape
#5
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Quote:

K-Lo2 wrote:
So married/engaged/living together couples would have to sign off each time? That's going to work out really well.


Was expecting this question - an area that needs some thought from lawmakers. Likely excluded by default unless explicitly documented otherwise. It's conceivable that status needs to change in domestic violence situations - perhaps by court order. It's also the sort of thing that could end up in a pre-nup and decided by the couple themselves. Shouldn't exclude protections under a law just because people live under the same roof.



Posted on: 12/7 21:51
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Re: JC Woman Accuses Murphy Staffer of Rape
#6
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Quote:

bodhipooh wrote:
Quote:

dtjcview wrote:

@bodhipooh

You picked a rare and mostly absurd example as a counterpoint. I'm not a lawmaker - so, no, I haven't considered every edge case. But the same principle could apply. If there's any risk of a rape allegation - male or female on female or male - those parties should be obligated to prove consent to avoid prosecution. Judges and juries can overturn the absurd entrapment cases and help shape the law. Like they do with every other law.


Just because you consider it a rare and/or absurd example, it doesn't make it so. This is PRECISELY why our legal system is predicated on the "innocent until proven guilty" principle, which is an extension of the idea that it is better for a guilty person to go free than an innocent person to be unfairly incarcerated. The burden of proof is high, and on the accusing party, because that is the only way to more or less ensure that innocent people are not unfairly convicted.

As I said in my original reply to you, thankfully we will never see your idea become reality. It would never pass muster, because it lacks common sense, it runs contrary to our established system of law, and the courts would never uphold such a law.


Lacks common sense? For whom? Rapists? Spare me your ad hominems and empty rhetoric.

If you take a car without documented evidence of the owner's permission, you can be charged and convicted of theft. Irrespective of whether you claim the owner gave you verbal consent. How is this different?

And there are also plenty of laws where presumption of innocence is diluted. Existing rape shield laws being an obvious example.

Posted on: 12/7 14:15
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Re: JC Woman Accuses Murphy Staffer of Rape
#7
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@bodhipooh

You picked a rare and mostly absurd example as a counterpoint. I'm not a lawmaker - so, no, I haven't considered every edge case. But the same principle could apply. If there's any risk of a rape allegation - male or female on female or male - those parties should be obligated to prove consent to avoid prosecution. Judges and juries can overturn the absurd entrapment cases and help shape the law. Like they do with every other law.

Posted on: 12/7 8:32
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Re: JC Woman Accuses Murphy Staffer of Rape
#8
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Quote:

bodhipooh wrote:
Quote:

dtjcview wrote:

Personally, I think that the law should be changed. Proof of sexual interaction without proof of consent should be grounds for a conviction.


That’s a CRAZY idea. Thankfully, it will never come to pass.


Something like this is needed to shift the balance of protection from perp to victim. What's crazy is that out of every 1000 rapes, 995 rapists walk free. And there are close to 1/2 million sexual assaults in the US every year. Victims are getting little to no protection under the existing system.

...and carrying condoms was considered crazy by many before aids.

(I'd agree it would be crazy to introduce such a law retroactively.)

@Monroe - Nope. No joke.

Posted on: 12/7 6:46
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Re: JC Woman Accuses Murphy Staffer of Rape
#9
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Quote:

jerseymom wrote:
Thank you for the question. Here are a few of my thoughts:

1. Sexual assault needs to stop being a "man vs. woman" issue. It's a perpetrator vs. victim issue. Victims need to feel comfortable reporting a crime - but in a case of a sexual assault, it's just not that easy. It's not the laws that need changing, per se, it's the stigma and denial that happens to victims by themselves, their peers, employers, coworkers, teachers, religious leaders and families that needs to be changed. There's a lot that happens between the time an assault takes place to the time that it's reported - we need to work on that as a society.

2. Sexual assault needs to be adjudicated in a court of law - not in a sensationalist media event or in hearings. There is a procedure to follow, laws and rules of evidence. The perp, male or female, is innocent until proven guilty. That's the U.S. justice system, like it or not.

3. I cannot comment with certainty on this case in particular. But Hudson County never disappoints and often stinks. Things are covered up here at an alarming rate by people with just a little bit of power. Katie seems to have followed protocol and does make a striking allegation. She has risked enormously to put herself in the front of a media storm. I admire her tenacity and courage and really hope she gets her legitimate day in court.

4. Moving forward - talk to your children, tell them your own stories (most of us likely are or know someone who is a victim of some kind of unwanted sexual comment, groping, or assault - most often by someone we know). Role play, create a plan, a code word, open up the dialogue to your sons and daughters about what is right and wrong and empower them with tools for situations where they could become a victim. Create a loving environment where open dialogue is welcome and your kids know they have a safe harbor in a storm.

Just my two cents.


Thanks. Absolutely agree with all your points. Here are the two issues I'm trying to wrap my head around.

1. When a rape involves one person's word against the other. A high percentage of rapes involve 2 people with no witnesses as in this case. The legal system offers little in the way of justice if the prosecutor feels they won't win a case.
2. The flip side - is when someone is accused of rape that they didn't commit. Their professional career can be destroyed if it's made public.

My advice to a son would be to get some form of documented consent - paper, email, text, voicemail or recording, etc - before engaging in any sexual activity. My advice to a daughter would be to document the non-consent at the time or as soon as possible using similar means.

Personally, I think that the law should be changed. Proof of sexual interaction without proof of consent should be grounds for a conviction. Granted - consent could be forced - but there are ways to tackle that (preset codewords, etc).

Posted on: 12/6 18:43
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Re: JC Woman Accuses Murphy Staffer of Rape
#10
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@Jerseymom.

You're both a woman and a mom. What do you think should happen in this case and with the law in general? What could strengthen protections for women whilst preserving the rights of men?

Posted on: 12/5 18:38
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Re: Leaving Jersey City Troll List
#11
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Quote:

brewster wrote:
...
The battles with the HP dog people who were against constructing a dog run because they considered the entirety of the park their dog run were epic. Now it's just oral history, like the Trojan War.


Played out again with Morris Canal. Was Nyrgravy9 Leonidas?

http://jclist.com/modules/newbb/viewtopic.php?topic_id=29786

Posted on: 2018/11/24 3:55
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Re: MVC Notice of License Expiration
#12
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Avoid the popular times - use google maps. For example, Wed-Fri after 3pm is fairly quiet. Also it helps a lot to show them a smile and a bit of courtesy.

Posted on: 2018/6/20 22:31
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Re: ‘My name is Amy, not Tom DeGise’
#13
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The headline gave me an Eminem earworm. Guess my brain thinks all pols are Slim Shady.

Posted on: 2018/6/1 22:05
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Re: New Tax Rate is Insane!
#14
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Quote:

Yvonne wrote:
Actually, I do not believe the nonsense that downtown was paying less than other parts of JC...


The facts don't sync with your beliefs.

http://jclist.com/modules/newbb/viewtopic.php?post_id=431083


Posted on: 2018/6/1 10:52
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Re: Dog Trainer
#15
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Posted on: 2018/5/29 20:00
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Re: New Tax Rate is Insane!
#16
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Quote:

brewster wrote:
Quote:

Saradove wrote:
Parkman, I'm with you. I have an 82 year old friend who, with his wife, bought a home in 1968, raised their kids & became a beloved neighbor to many. The house never had a major updating, it was their home with no thought to it becoming a goldmine. He doesn't want to sell ... it's his home, his neighborhood. A home is an emotional thing, sentimental, not always a money-maker as some see it. I realize that this doesn't mesh with today's reality but I just wanted to throw in my two cents.


And he can't part with some of his unexpected millions via reverse mortgage to pay his taxes because....?


...or apply for a NJ Senior Freeze on their tax?


Posted on: 2018/5/23 11:57
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Re: Okay, so who here thinks the Katyn monument needs to go?
#17
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Whether to move the Katyn monument is the wrong question. Exchange Place is the prime location for virtually all major JC cultural events. And Exchange Place should pay tribute to the full diversity of JC.

What should be given pride of place at Exchange Place? The 9-11 memorial? A cenotaph? Something else?

Posted on: 2018/5/7 18:42
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Re: JC Public Schools is short $70 million
#18
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What does this $70m shortfall say about JC being capable of running it's school system? Didn't they just recently get out from under NJ state control?

Posted on: 2018/4/24 21:49
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Re: Doggy Door - Any recommendations on someone who can do this simple job
#19
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Have you tried sites like handy, thumbtack and taskrabbit?

Posted on: 2018/4/15 16:41
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Re: JC church 10 Commandments destroyed
#20
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They broke every commandment?

Posted on: 2018/4/2 9:20
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Re: Need good vet downtown.
#21
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Quote:

bodhipooh wrote:
Quote:

rescuelife wrote:
Quote:

rescuelife wrote:
a HUGE +1 to Metrovet, located within the Club Barks daycare.

The prices are great (they don't try to gauge you) and the veterinary care is second to none. I could not recommend this vet enough.


I completely rescind this review! Since 2013 they have changed ownership and I would not send any animal I cared about there. Same goes for Club Barks.


The most recent change in ownership happened around 2016. That's when we switched to Secaucus Animal Hospital, and we haven't looked back. You need a car to get there (or, I suppose, a sympathetic Uber/Lyft driver willing to drive you and your pet) but definitely worth it.


+1 on Secaucus.

Posted on: 2018/3/28 12:19
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Re: New Tax Rate is Insane!
#22
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Quote:

Yvonne wrote:
Quote:

bodhipooh wrote:
Quote:

brewster wrote:
Quote:

ILRie wrote:
I'm trying to figure this out- is it possible that 100% of the value of the abatements goes to the city, and then the city needs to make a separate payment, calculated as 5% of that, to the county?
It sounds weirdly convoluted to me but if it resulted from a settlement from a lawsuit... anything's possible, I guess. (And isn't that basically 95/5 when it comes right down to it? Like, 100 out of 105 is 95.2%?)

This why Yvonne is continually mocked, she attends meetings and calls officials, but is unable to actually understand numbers. most of us can instantly see that 95-5 or 100-5 comes out the same no matter what you call it.


This. All the brouhaha over the numbers is simply a distraction. Even if her contention is right (which I seriously doubt) 5 out of 105 works out to 4.8%.


So instead of reaching out to the city law department or calling the city clerk for the ordinance, it is easier to mock me. It is easy to mock anyone when you hide behind phony names. I challenge anyone of you to attend the next council meeting and ask any city attorney the break down of JC tax abatements. I stand by what I said.


Sorry Yvonne - you're not making sense. And it's not down to folks on this forum to approach city officials with your nonsense. Back up your claims or shut it.

Bridget DSousa's excellent series from a few years back has it at 95% JC, 5% County. There was a long-standing feud over a Bergen/Hudson municipal tax sharing plan - but that was stopped in 2015.

https://civicparent.org/2014/02/17/tax ... -sides-of-the-same-pilot/
Quote:

Jersey City (the municipality) consumed 95% of the PILOT, siphoning money from the county (which received 5%) and and schools (which received 0%).


http://www.hudsonreporter.com/view/fu ... -help-keep-taxes-stable-?

Posted on: 2018/3/22 18:34
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Re: Insurance Broker Recommendations?
#23
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Used another company for years that were great - they merged with Firm Inc. I trust they'll provide the same level of service.

https://firminsurance.com/

Posted on: 2018/3/22 10:15
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Re: 400 Unit Development in Hamilton Park
#24
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Quote:

stc4blues wrote:
Can't say the the images fill me with joy, but the design does seem to echo the stepped ziggurat motif you find in The Beacon and in other buildings in the city.
...



Stepped ziggurat? Looks more a 5-year old kid smashed his lego.

Posted on: 2018/3/21 22:38
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Re: New Jersey Prepares To Raise Taxes On "Almost Everything" As It Nears Financial Disaster
#25
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@Hero69 We're not debating the tax on cigarettes - but the proposal to introduce a NJ tax on vaping.

If NJ has any figures on the healthcare costs related to vaping - I'm sure the world would love to see them.

Posted on: 2018/3/14 22:35
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Re: New Jersey Prepares To Raise Taxes On "Almost Everything" As It Nears Financial Disaster
#26
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Quote:

Dolomiti wrote:


Quote:
Vape tax-way to hurt those trying to kick nicotine.

Vaping doesn't do anything to help kick nicotine. Not only does it deliver the drug to those trying to quit smoking, it's enticing young people to start vaping. The health effects are unknown, but already do not look good.



I prefer to believe credible sources like the BMJ.

http://www.wired.co.uk/article/e-ciga ... e-quit-smoking-study-says

Any way you look at it though - it's a regressive tax and hits poorer people the worst.

Posted on: 2018/3/14 10:49
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Re: New Tax Rate is Insane!
#27
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@JC_Rider - so between the lines - the portion of the assessment under the PILOT does not change under the reval until the PILOT expires. And I guess the rules for dropping an abatement may be different to a standard appeal. With the latter - an appeal in 2018 would apply to the whole of 2018, though you'd pay the original 2018 bill then get a refund in Jan 2019.

Worth getting an attorney on the case. I would have expected the original PILOT to be expressed in % of assessed value - and should be updated with the reval. Likely the tax office's IT system can't handle that update.

Posted on: 2018/3/12 9:31
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Re: New Tax Rate is Insane!
#28
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Quote:

JCGuys wrote:
Quote:

JCGuys wrote:
Quote:

JC_rider wrote:
Does anyone know how to remove tax abatement from a property? Just got the new assesment and heading to City Hall tomorrow.

Bought a condo on Westside last year near Mallory and knew taxes were too high because it was originally sold at peak of 2005 with abatement. Now I get a tax bill and city is increasing the % on the improvements. If I were to get rid of the abatement it will save me more than 30% for 2018! Kicker is with abatement dropped some of that money will go to school system that badly needs it.

We knew that people in Greenville, B/L & Westside were subsidizing rest of downtown Hamilton Park but this is just crazy.If you have an abated property make sure to compare what it would be without it.


Yvonne, do you have anything to say about this?

I find it interesting because only improvements can receive an tax abatement. Land is taxed normally.

Are you seriously suggesting that because of the reval, your taxes are going up and you would pay 30% less if you were taxed normally?

Can anyone else help me understand this situation?


Paging Yvonne


It's really a question for the tax office. Under a standard 5-year abatement for improvements, you get something like a 25% exemption. That exemption should apply to the post-reval assessment if you're still in the abatement period. What you can't do is appeal taxes during an abatement.

Sounds like JC_Rider is in one of the piloted properties that has a longer abatement. Different rules to the 5-year. Need an expert to figure it out - might even be worth hiring an attorney to renegotiate.

Posted on: 2018/3/11 23:00
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Re: New Tax Rate is Insane!
#29
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Quote:

brewster wrote:
Quote:

JCGuys wrote:
Needs to be state driven, IMO. Property tax deferral for retirees with the accumulated balance plus interest due upon sale.


The state is not involved in the property taxation process at all, it's the cities and counties, why should they get involved in this solution?


The NJ senior freeze program is run by the state. And states like Minnesota run their tax deferral (reverse mortgage-like) program. Consistent and independent governance, consistency of policies, economies of scale...some good reasons to manage at the state level.

http://www.state.nj.us/treasury/taxation/ptr/

https://jux.law/senior-citizen-propert ... l-minnesota-property-tax/

Posted on: 2018/3/11 14:16
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Re: New Tax Rate is Insane!
#30
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Quote:

brewster wrote:
...
I think most people saw that low assessment number and thought they better keep their mouths shut.


This is exactly what I thought in the first few years after I bought my property. My assessed value was 330k and I bought for 550k in 2005. Also, the property had a so-called 5-year abatement - I couldn't appeal before 2009.

Posted on: 2018/3/8 21:27
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