~Stella~
TPF Noob!
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- Sep 2, 2007
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First off, my original statement about the tax fraud, was half kidding, but it turned into a debate.
As for my statement, sure it was a little simplified, but I assure you that it is quite true. ( I did not mean it in reference to prosecuting this specific case, since that would be silly and the IRS wouldn't prosecute you unless of course you did not pay up. Also they would not fine you unless they did have solid proof. ) What I meant was, lawyers use assumptions to discredit witnesses or plaintiff/defendent in front of a jury ( or a judge ). They paint a picture of the type of person they are in order to show the probablity that someones actions are very likely, or to show that someones testimony cannot be trusted due to prior transgressions. It doesn't matter how much time I have spent in a court room. I have a family member that is a lawyer and a county judge ( not that it matters much since this is pretty basic stuff ). If you refute these simple trial basics, you are the silly one.:thumbup:
It's a complicated issue, not nearly as simple as you've stated. Whether an individual has a rap sheet of drug offenses (or assault charges or whatever) a mile long is likely to be guilty of another similar offense is totally different than suggesting that because someone is guilty of certain Craigslist (or was if FB?) transgressions (legal though they may be) is also guilty of illegal conduct. In fact - most naughty acts like that are not even admissible unless they are extremely pertinent to the case - and even then will not be permitted if they are overly prejudicial. For example, a DWI charge from 5 years ago is absolutely not going to be allowed in court to prove you breached your business contract this year, KWIM? It just doesn't work like that.
Suggesting someone has broken a law that they have not broken is considered in some states to be (civil) libel (or slander - depending on the format, obviously) per se (meaning the only defense would be actual proof of the crime). Should your libelous activity be brought up in court the next time you get a speeding ticket? Of course not - that's just goofy. And a big waste of time - which judges tend to get pretty grumpy about.
My point is that there are some very specific reasons to bring prior bad acts in, but to theorize that attorneys can just bring in any old fact, completely unrelated to the case at hand, into the case to prove their point...well, that's the stuff of TV courtrooms. And it makes for good drama, but like so many other things on TV - it just doesn't happen in the real world.
That said, I like your username and I've liked some of your other posts, so I'd be willing to hold hands and sing Kumbaya at this point. It is Valentine's Day and all.
Point taken but as long as a lawyer can illustrate any pattern (lying, cheating, stealing ) thats on record, they can cast doubt on a person. It doesn't have to be a crime they were previously convicted of. If someone lies during sworn testomony, it can cast doubt on everything else that they testify. However, this has been blown way out of proportion and I do not think you understood what I was saying in my original comment. You made the claim that nothing in the OPs comments indicate tax fraud. My point was that there are ways to logically guess at something. I did not mean taking this person to court. I am saying that behavior can dictate probability. I was comparing how one can arrive at that assumption in a similar way that a lawyer thinks or works. If this person has a apparent pattern of underhanded tactics I would also assume that those under handed tactics apply to other aspects of their business. Whether that would end up being right or not, would be a gamble to a degree.
If someone lies during sworn testimony it is like an Easter egg full of chocolaty goodness for the opposing counsel. I drool at the thought of it. And of course it will cast doubt on them - they just committed perjury, for god's sake!
The rest - I can see what you are saying in a theoretical sense, but as a practical matter, things don't happen quite like you seem to think.