Adultery could mean life, court finds.

Discussion in 'Off-topic' started by Rammstein, Jan 15, 2007.

  1. Rammstein

    Rammstein New Member

    5,798
    0
    0
    Source
     
  2. Adam5

    Adam5 Atlanta Overwatch

    13,212
    30
    48
    WTF !!! Life sentence for having an affair?
     

  3. pro2am

    pro2am New Member

    1,861
    0
    0
    You just know that some spouses are celebrating somewhere.
     
  4. Adam5

    Adam5 Atlanta Overwatch

    13,212
    30
    48
    Just don't let my first wife know about it.......
     
  5. Foul

    Foul New Member

    780
    0
    0
    Once again, government getting involved where it has no business.
     
  6. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,081
    252
    83
    What is it you guys want the court of appeals to do, exactly? If judges make rulings on the basis of policy, they can go against you just as well as for you.

    Either judges leave the making of laws to the legislature, or they do not.

    "The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequences would be the substitution of their pleasure for that of the legislative body." The Federalist No. 78


    The Federalist Society about itself:

    "It is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be."
     
  7. Rammstein

    Rammstein New Member

    5,798
    0
    0
    No, I fully realize that this problem stems not from the courts, but from the legislature who have written law that sweeps too broadly.
     
  8. Macktee

    Macktee New Member

    6,172
    0
    0
    What we need is more order and less law!

    Anybody wanna bet the legislators who wrote that bill campaigned as "law and order" candidates?

    And, if that's the case, the Ganders can't say they weren't warned...
     
  9. gunsmoker

    gunsmoker Lawyer and Gun Activist

    24,122
    71
    48
    Merger

    In Georgia, would the doctrine of "merger" apply to such a case? Suppose our "adultury" statute made it a felony (is is NOT, but just suppose...) and suppose we had the same staute on Criminal Sexual Conduct...

    The act of putting the male sex organ into the female sex organ is required for "adultery," right? Nothing less, no necking or petting or foreplay will do. There must be sexual intercourse.

    Well that same act of "sexual intercourse" is what is the basis for the Criminal Sexual Conduct, First Degree (CSC-1) charge. So one act of the accused is being held against him in two different ways, with one way being a required prerequisite or precursor for the other. Although "adultery" is not necessarily a "lesser included" crime that fits under the greater crime of CSC-1, it doesn't seem right to use the same evidence to both prove the condition precedent to CSC-1 and then the sexual act that is the core of the CSC violation.
     
  10. jrm

    jrm Sledgehammer

    3,458
    1
    36
    Gunsmoker, while you undoubtedly know more about this than I do, it seems that there are common examples of the same thing happening in GA. For example, don't people get charged (and convicted) of armed robbery and possession of a firearm during the commission of a felony? If they had not possessed the firearm, they could not have committed the felony in the first place (having to be armed and all).
     
  11. Rammstein

    Rammstein New Member

    5,798
    0
    0
    You don't have to actually have a weapon to rob a place. One could just go into a place with their hand in their pocket and make it appear as if a weapon was present.
     
  12. Adam5

    Adam5 Atlanta Overwatch

    13,212
    30
    48
    I'm no lawyer, but I think that implying that you have a weapon durring the commitment of a crime has the same penalty as having one in GA.
     
  13. Foul

    Foul New Member

    780
    0
    0
    Well, let's go the whole 9 yards and make spanking the monkey a death penalty offense.
     
  14. Rammstein

    Rammstein New Member

    5,798
    0
    0
    That with which you spank your monkey to is already regulable. Assuming you use visual aids. :wink:
     
  15. slabertooch

    slabertooch New Member

    4,322
    0
    0
    Anything that makes baby Jesus cry should be grounds for the death penalty.
    And my Mommy says that when I spank the monkey, an angel loses it's wings. :oops:

    I know in some states implying that you have the weapon is the same as using a weapon, regardless if you don't have it, or even if it's a toy. Tell someone that you have a weapon, in the commission of a crime, or imply that you have one, instant Felony Weapons Charges, aggravated assault, etc. etc.
     
  16. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,081
    252
    83
    Did she have to tell you that a lot? :lol:

    I am sure that the Michigan legislature will act after this court opinion and reduce the prison sentence for adultery.

    Gunsmoker, is the Georgia adultery statute still a viable criminal statute after the Georgia Supreme Court privacy decisions relating to consensual homo sodomy (like that is what the Constitution's drafters had in mind!)
     
  17. GeorgiaGlocker

    GeorgiaGlocker Romans 1:16

    4,379
    1
    38
    And stupid me. I thought this was a gun forum....... :lol:
     
  18. Malum Prohibitum

    Malum Prohibitum Moderator Staff Member

    63,081
    252
    83
    This is the Off Topic forum. :wink:
     
  19. gunsmoker

    gunsmoker Lawyer and Gun Activist

    24,122
    71
    48
    Two Comments

    1 -- A person can be convicted for both Armed Robbery and Possession of a Gun During a Felony, but that person cannot be SENTENCED for both. I think thats how it works. One crime would "merge" into the other and only one sentence would be imposed. Probably. One complicating factor is that for armed robbery, a "firearm" is not required. Any "offensive weapon" would do it, which could be a stick, pepperspray, contact-only stun gun, etc. But if the facts of the case were that it was a firearm, and only a firearm, I would think merger would apply.

    2-- "Spanking the Monkey" is such a crude, politically incorrect term. I mean, with the reference to animal abuse and all that. Let's take this discussion to a higher level with more appropriate language. I suggest "Disciplining the Primate." :lol:
     
  20. Macktee

    Macktee New Member

    6,172
    0
    0
    Well, let's go the whole 9 yards and make spanking the monkey a death penalty offense.[/quote]


    Maybe if the nuns had explained it that way I might have understood better.

    Instead, I was an adult before I found out what the term "self-abuse" really meant...