The legal side of SVU
#21
Posted 23 November 2009 - 08:15 PM
okay so here is my recenet legal question. i was watching Manhunt today and at the end of the ep when Kern was taken in to custody Fin told him what he was being arrested for and he said he was being arrested for the murder of Ernest Dillman, Arnold and Amanda Cokley, and Annie Tassler, but why not the others? The murders of the farmer and his wife, the murder of Marvin Posey, and the murders of all those people they dug up from shallow graves in the woods where Kern had his bunker built? And also why not charge him with kidnapping of Mrs. Michaelson and her daughter? Grand theft auto? All of those crimes were committed while Kern was still in the state of New York, so why can't Alex prosecute him for thsoe crimes? There is no statute of limitations on murder, how come he was only arrested for the murders of those 4 people?
#22
Posted 26 November 2009 - 10:22 PM
I am watching the episode with the guy from saved by the bell and I am curious...he left the hospital which isnt a crime, the police tell him that he needs to give his statement either at the hospital or the station right now, no waiting allowed. I am confused....he didnt report his attack, so if he doesnt want to talk about it, is it legal for the police to make him?
Question two: kind of along the same lines. Remember the episode from I believe it was the first season where there was a serial rapist on the loose, but the statute of limitations had run out on some of the women so they had like 3 days before it ran out on all of the victims? Well, one of the victims knew who the attacker was after meeting him at some religious meeting; he disclosed who he was and asked her to forgive him, which she did and she didnt go to the police because he had changed his ways and all that. they locked her up for not telling the police the name of her rapist...is that legal? i mean, if a woman knows the man who raped her but doesnt want to say, where is the crime in that? does a woman have to say the name of the rapist if she knows who he is under the law??
#23
Posted 26 November 2009 - 11:37 PM
okay so here is my recenet legal question. i was watching Manhunt today and at the end of the ep when Kern was taken in to custody Fin told him what he was being arrested for and he said he was being arrested for the murder of Ernest Dillman, Arnold and Amanda Cokley, and Annie Tassler, but why not the others? The murders of the farmer and his wife, the murder of Marvin Posey, and the murders of all those people they dug up from shallow graves in the woods where Kern had his bunker built? And also why not charge him with kidnapping of Mrs. Michaelson and her daughter? Grand theft auto? All of those crimes were committed while Kern was still in the state of New York, so why can't Alex prosecute him for thsoe crimes? There is no statute of limitations on murder, how come he was only arrested for the murders of those 4 people?
OK, I've been thinking about this question for days and think I finally have the answer. I am pretty sure it has something to do with the boroughs. Cabot represents the borough of Manhattan and prosecutes crimes that occur within Manhattan or to people that live in Manhattan. The other crimes happened in different districts/counties of New York. I think in the end they would have ended up charging him with all the other crimes but at the moment she only had the authority to charge him with these Manhattan specific crimes.
I hope that answered your question in some way.

#24
Posted 27 November 2009 - 12:07 AM
Question two: kind of along the same lines. Remember the episode from I believe it was the first season where there was a serial rapist on the loose, but the statute of limitations had run out on some of the women so they had like 3 days before it ran out on all of the victims? Well, one of the victims knew who the attacker was after meeting him at some religious meeting; he disclosed who he was and asked her to forgive him, which she did and she didnt go to the police because he had changed his ways and all that. they locked her up for not telling the police the name of her rapist...is that legal? i mean, if a woman knows the man who raped her but doesnt want to say, where is the crime in that? does a woman have to say the name of the rapist if she knows who he is under the law??
After watching the episode and doing a little research I think I have come up with an answer to your question. The prosecution issues a material witness warrant against the victim to compel her to talk. A material witness is any individual who contains information important to a criminal proceeding. In this case the woman knew who he was. Since, the woman refused to give the rapist name she can be charged with a crime under the material witness statute.

#25
Posted 13 January 2010 - 05:29 PM
I am watching the SVU episode where Casey is trying a case where a mother is suspected of poisoning her daughter with cleaning solution (Poison). Casey is sitting with Mary Conway-Clark at some outside restaurant and they are talking about Judge Taft and his rulings and everything. Mary looks over Casey's notes and briefs and then says to her: "You're staying the trial?" I looked that up online and can't find any information regarding what "staying" a trial means. Can someone explain it to me??
#26
Posted 13 January 2010 - 06:16 PM
I'm not sure if anyone ever looks at this thread anymore, but I have a legal question.
I am watching the SVU episode where Casey is trying a case where a mother is suspected of poisoning her daughter with cleaning solution (Poison). Casey is sitting with Mary Conway-Clark at some outside restaurant and they are talking about Judge Taft and his rulings and everything. Mary looks over Casey's notes and briefs and then says to her: "You're staying the trial?" I looked that up online and can't find any information regarding what "staying" a trial means. Can someone explain it to me??
A stay of trial is a court order that suspends or stops judicial proceedings for the time being.
http://www.nolo.com/.../stay-term.html

#27
Posted 15 January 2010 - 02:14 AM
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#28
Posted 15 January 2010 - 05:50 AM
For last few months I was trying to find something similair and when I lost hope one of my friends invited me to join eRepublic.And it is great game...It is simulation of real world,real countries.When you start game you can choose your country(or maybe some other)...I must say that this is game that is playing on long runs,in first few days you can't do anything,just train,find job,work and eat.After 6 days you will be able to join army and go to wars.Latter on you can start companies,your newspappers you can join political party.Every month there are presidental election and Congress elections,you can vote or be a candidate(of course not at a beginning)....I am suggesting this game to everyone,it is very complex but also it can be so easy to take only few minutes every day to play.
Here is game link
http://www.erepublik...errer/Longerion
If you have questions you can ask me here.But I think that every country has welcoming office that will help you.
Lets just say that whole world in currently divided in 2 strong alliances and wars are every day between them for high resource regions.In wars you can see everything,enemy propaganda,weapon on blackmarket from war profiteers but also high level of patriotism for your country or allies.
#29
Posted 05 March 2010 - 01:15 AM
Man, where has HisGirl been?! I need a lawyer to answer my questions lol
I am taking two law classes right now and SVU is sorta coming in handy, but tonight in class we were talking about prior offenses predjudicing cops and courts to assume the person is guilty of criminal behavior at the present time all based on his prior bad acts. Well, I knew this was bootstrapping based on the Futility episode, but when I went back to the ep to get the case laws for these things so I could present them to my class and actually look like I knew what I was talking about (lol), I couldnt find People v. West, People v. Sable, or People v. Pena which were all cases either Alex or Gardner referenced in their arguments in front of Preston. I thought all the cases used in SVU were real, so how come I couldnt find them on the net? I want to look into Westlaw, but need to subscribe first. Some of the case laws I have found online that I have gotten from SVU eps, but some I can't find. I am assuming all cases brougt up on SVU are New York case laws and not other states???
HisGirl, whre art thou?
#30
Posted 21 June 2010 - 01:39 AM
Okay more questions.....Hisgirl where are you?! haha
I am watching the episode with the guy from saved by the bell and I am curious...he left the hospital which isnt a crime, the police tell him that he needs to give his statement either at the hospital or the station right now, no waiting allowed. I am confused....he didnt report his attack, so if he doesnt want to talk about it, is it legal for the police to make him?
Question two: kind of along the same lines. Remember the episode from I believe it was the first season where there was a serial rapist on the loose, but the statute of limitations had run out on some of the women so they had like 3 days before it ran out on all of the victims? Well, one of the victims knew who the attacker was after meeting him at some religious meeting; he disclosed who he was and asked her to forgive him, which she did and she didnt go to the police because he had changed his ways and all that. they locked her up for not telling the police the name of her rapist...is that legal? i mean, if a woman knows the man who raped her but doesnt want to say, where is the crime in that? does a woman have to say the name of the rapist if she knows who he is under the law??
#31
Posted 21 June 2010 - 01:43 AM












