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The Magic Cafe Forum Index » » Not very magical, still... » » Homeless woman arrested for sending kid to school (0 Likes) Printer Friendly Version

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gdw
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Tom you are laughable.
It's amazing, people will criticize you for "biting the hand that feeds you," while they're busy praising the hand that beats them.

"You may say I'm a dreamer, but I'm not the only one."

I won't forget you Robert.
RS1963
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She lied she deserved to be jailed period end of story.
Tom Cutts
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Quote:
On 2011-04-29 22:37, gdw wrote:
Tom you are laughable.
At times, yes, not this one.

I don't believe jail was the proper response, and I think you will not find a jury who thinks it was the right response. I agree she lied. She should be handled like the history of established responses to the exact same situation.

I do, however, understand the sentiments of people who have had enough of people thinking they can do whatever they want without consequences.
Dannydoyle
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It does seem that there is a punishment for redirecting funds from the government. But when it fits your agenda people tend to agree with it. Let a corporation do it and suddenly the same people call for scalps.

I have NO idea what a penalty should be. No worse or more leniant than anyone else who has done the same thing.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
landmark
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It happens all the time in school districts. Parents try to get their children into schools they perceive are better, and lie about their addresses. The usual recourse is to send the child out of the school back to his or her original district. I've never heard of anyone being legally charged with a crime. If the woman were to be treated like anyone else, then the child would be sent to another school and that would have been the end of it.

But evidently, someone wanted to make a point, and it's always easier to make it on the back of someone down and powerless. Punks.
Chance
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I wonder how you hard cases would react if it had been your sister or your aunt. Would you still be yelling, "She lied! Arrest her, fine her $15,000 and send her child to a foster home!" then?
LobowolfXXX
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I probably wouldn't want my sister or aunt to get convicted of criminal charges for all sorts of things. Doesn't mean they should get a pass, though.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
Chance
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Where's the intent to defraud, Lobo?
Tom Cutts
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Knowingly lying is the intent to defraud. It is admitted to. Doesn't mean the actions taken were justified as far as I'm concerned.
LobowolfXXX
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Intent is generally inferred from actions. She didn't accidentally sign her name, and she apparently knew that she was attesting to living somewhere she didn't. There might be a good defense to present, but I don't think proving the intent element will be a problem.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
Chance
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I would agree with both your statements if she were simply being charged under civil statutes. But instead she's being charged under criminal statutes. The evidence required then, and the intent required, to uphold a criminal charge is a FAR greater burden to allege, much less to prove. I do not believe that what I have seen here so far comes any where close to that burden of proof. Not even 25% of the way.

At the absolute worst, what can truthfully be alleged is that she might owe back the portion of the funds that are the extra amount (if there are any in the first place) that was used that would have not been used had the child been sent to the "correct" school district. So if the "true" amount is 12,500, and if 15,000 really was used and can be proven to be the norm, then at most what she owes back would be the difference of 2,500.
LobowolfXXX
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You have her signature, and you have an admission to the police that she didn't live in the District. Yes, the burden of proof is higher in a criminal case, but I don't see anything approaching reasonable doubt as to her intent.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
Chance
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It still doesn't reveal or prove criminal intent. As a lawyer you should know better.
LobowolfXXX
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I think you misunderstand the intent requirement here.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
landmark
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Lobo I forget what the legal term is for it, but isn't there a defense that says that no one else has been prosecuted for doing the same?
LobowolfXXX
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Quote:
On 2011-04-30 02:30, landmark wrote:
Lobo I forget what the legal term is for it, but isn't there a defense that says that no one else has been prosecuted for doing the same?


Not a good one, to my knowledge, anyway. But the story does quote an attorney who apparently represented someone else who faced the same charge for the same action.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
gdw
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The idea that she "took" the money from the government is interesting. Basically, if anything, it just went to the wrong district. If they REALLY are concerned with the funds, aren't they still the one's with the money?
It's amazing, people will criticize you for "biting the hand that feeds you," while they're busy praising the hand that beats them.

"You may say I'm a dreamer, but I'm not the only one."

I won't forget you Robert.
stoneunhinged
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What are all you west coasters doing pontificating about the east coast, anyway?

Any Connecticut lawyers here in the forum?
landmark
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Quote:
On 2011-04-30 02:34, LobowolfXXX wrote:
Quote:
On 2011-04-30 02:30, landmark wrote:
Lobo I forget what the legal term is for it, but isn't there a defense that says that no one else has been prosecuted for doing the same?


Not a good one, to my knowledge, anyway. But the story does quote an attorney who apparently represented someone else who faced the same charge for the same action.

Hmm, I thought there was something that protected against the prosecution of those can't pass wind on a Sunday kind of laws.
Chance
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She's being treated as though she knowingly wrote a bad check to the state for $15,000. It's prosecutorial overreach pure and simple. At worst it's a simple civil offense. At worst all she's responsible for is repaying the difference between the 2 school districts' yearly overhead for the one 6-year-old student.
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