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'This Is Going to Ruin My Entire Life': 18-Year-Old Aspiring Firefighter Charged With Felony...
Heritage ^ | 3/22/2014 | Evan Bernick

Posted on 03/22/2014 1:11:25 PM PDT by markomalley

Eighteen year-old Jordan Wiser is training to be a firefighter. He’s a certified emergency vehicle operator who works as a first responder when he’s not attending high school. And, after just spending 13 days in jail, he’s now facing felony charges for weapons possession.

The weapon? A pocketknife. It was in his EMT vest, and he uses it to cut through seatbelts when he’s practicing saving lives.

How did this happen? According to The Huffington Post, administrators at Ashtabula County Technical and Career Campus in Jefferson, Ohio, where Wiser is enrolled, approached the student after someone informed them about videos Wiser had uploaded to YouTube. The videos include reviews of video games and merchandise, demonstrations on home-defense tactics, and an interview with a local police officer. Officials searched Wiser’s car in the school parking lot and found an assortment of items, including a pocketknife, a stun gun, and two Airsoft pellet guns. Wiser said the Airsoft guns were in his trunk because he planned to participate in the sport after school. The stun gun was locked in his glove compartment for self-defense. The pocketknife was inside his EMT medical vest.

For the possession of the pocketknife alone, police arrested and jailed Wiser for 13 days for conveying a weapon onto school grounds—a felony under Ohio law.

Unfortunately, this isn’t the first time Heritage has written about teenagers victimized by weapons ordinances. Last year, Cobb County, Georgia police arrested and charged 17-year-old Cody Chitwood with a felony for bringing weapons into a school zone. The weapons were fishing knives, and they were in his truck, in a tackle box.

At first glance, such weapons ordinances sound sensible. But the criminal law contains the harshest punishments the state metes out, and it should be applied in a proportionate manner. Simply put, it’s absurd to ruin a kid’s life over a pocketknife that he uses to save lives.

Jordan has already been expelled from high school and technical school. The Army terminated his participation in its Future Soldiers program, pending a not guilty verdict or the charges being dropped without prejudice. Wiser realizes he’s in dire straits: “I’m 18 years old, and this is going to ruin my entire life.”

You’d think that Wiser has already endured enough. But there’s no sign that the state will drop the charges—quite the contrary, in fact. “We charge [people] with everything that we feel they are guilty of, and in this case, he is guilty of a felony,” said Ashtabula County assistant prosecutor Harold Specht in an unapologetic statement. He added, “I know that there’s a load of people out here that just think we’re the devil because we’re allegedly ruining this young kid’s life, and that’s not the case at all.”

Perhaps additional facts will come to light. But, as it stands, this incident looks like a shameful exercise of prosecutorial discretion—something of which residents of Ashtabula County should take note come November, when the county’s prosecutor, Nicholas Iarocci, is up for re-election. Unless Iarocci’s office is saving some damning revelation for Wiser’s trial, the charges against this young man are unjustified, and should be dropped before they cause him any more suffering.


TOPICS: Extended News; Government; US: Ohio
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Full title: 'This Is Going to Ruin My Entire Life': 18-Year-Old Aspiring Firefighter Charged With Felony for Pocket Knife
1 posted on 03/22/2014 1:11:25 PM PDT by markomalley
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To: markomalley

Looks like a good case for jury nullification to me.


2 posted on 03/22/2014 1:12:52 PM PDT by ConjunctionJunction
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To: markomalley

Another daily example that so-called academics are often the most stupid and bureaucratic people you will meet


3 posted on 03/22/2014 1:14:50 PM PDT by PGR88
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To: markomalley

zero tolerance rules and laws create regulatory, bureaucrat and police zombies - no minds, no ability to reason, no ability to put anything in context, just mindlessly follow rules


4 posted on 03/22/2014 1:17:17 PM PDT by Wuli
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To: ConjunctionJunction

What was the justification for searching his car? Uploading Youtube videos featuring home defense techniques, and video game reviews seems pretty thin, even if officials are claiming probable cause.


5 posted on 03/22/2014 1:23:00 PM PDT by Antihero101607
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To: markomalley

We charge people with everything we think they are guilty of.
Sounds okay until you realize common sense is tossed out the window. The real problem with prosecutors is they all think its a stepping stone politically. Win loss record.


6 posted on 03/22/2014 1:23:56 PM PDT by wiggen (The teacher card. When the racism card just won't work.)
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To: Wuli

I have to admit, I’ve been around for a pretty good while. As such, my memory isn’t as sharp as it once was. Does anyone recall exactly when this nation just went batsh#t, crazy?


7 posted on 03/22/2014 1:24:55 PM PDT by lapdog
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To: lapdog

My guess is late in the day 9/11/2001. Many of us stood up on that day.

But a huge number decided we had to try to appease every kook on the planet. And the silver pony-tailed crowd ramped up their plotting.


8 posted on 03/22/2014 1:26:55 PM PDT by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: ConjunctionJunction

Agreed, nullification, I don’t see how they can get a jury to go along with this crap.


9 posted on 03/22/2014 1:26:58 PM PDT by Navy Patriot (Join the Democrats, it's not Fascism when WE do it, and the Constitution and law mean what WE say.)
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To: PGR88

Liberal Legalism - manufactured and biased legislation designed for a specific political purpose that perons others than the authors of said legislation are to follow to enhance the lifestyles of liberals. The authors are exempt from said laws by design.


10 posted on 03/22/2014 1:28:15 PM PDT by jsanders2001
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To: markomalley
“I know that there’s a load of people out here that just think we’re the devil because we’re allegedly ruining this young kid’s life, and that’s not the case at all.”

No, they're the devil because they're likely applying the school's "zero tolerance" policy and prosecuting this kid to the hilt.

Zero Tolerance policies are nothing more than an excuse for those in charge to not THINK about the individual circumstances of a situation to then determine what action if any is warranted -- OR NOT warranted in this case.

I hope jury nullification is applied or some judge with common sense steps in, after which this kid sues the piss out of every dumb asshole who went after him. It'd serve them right.

11 posted on 03/22/2014 1:29:38 PM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: lapdog
Does anyone recall exactly when this nation just went batsh#t, crazy?

There's been rumblings for a long time. I thought that a couple years into Clinton's first term there was a sea change in the vociferousness of the left and the corruption of the Executive Branch. GWB didn't undo that--it festered underneath him, and re-erupted worse than ever with Obama's election.

12 posted on 03/22/2014 1:30:14 PM PDT by Pearls Before Swine
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To: markomalley

This is what the NWO police state looks like.


13 posted on 03/22/2014 1:30:43 PM PDT by Count of Monte Fisto (The foundation of modern society is the denial of reality.)
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To: wiggen

Iarocci is building his career.


14 posted on 03/22/2014 1:30:50 PM PDT by Ray76 (Profit from the mistakes of others, you'll never live long enough to make them all yourself.)
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To: lapdog
Does anyone recall exactly when this nation just went batsh#t, crazy?

The entire nation? That would be November 4th, 2008.

15 posted on 03/22/2014 1:31:51 PM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: ConjunctionJunction; All
... Looks like a good case for jury nullification to me.

That's the concept. But I suspect that most jurists haven't heard of jury nullification, complements of institutionally indoctrinated judges.

For freepers and lurkers who don't know what jury nulification is, it is jury power to "repeal" the law(s) that the defendent is accused of breaking, giving the defendent a "not guilty." Such a repeal is applicable only to the case that they are hearing. Corrections welcome.

16 posted on 03/22/2014 1:32:00 PM PDT by Amendment10
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To: markomalley

WOwsa. They kicked him out of school, they kicked him out of technical school, they held him for 13 days in jail, the Army kicked him out of his Future Soldiers programs, and he’s facing a felony charge?

This is stupid. He is right. This will ruin his life as he had it planned out.

This is a ridiculous charge.


17 posted on 03/22/2014 1:32:02 PM PDT by Girlene (Hey, NSA!)
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To: markomalley

When I was a little girl I believed that things got better as a person grew older. I thought that I could trust the authorities over me to be good and to work for the benefit of others. I know now that simply isn’t true, at least not for my generation. There really is no justice in the world these days. I suppose I have lived too long.


18 posted on 03/22/2014 1:38:36 PM PDT by scottiemom (As Texas public school teacher, I highly recommend private school)
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To: Navy Patriot
I don’t see how they can get a jury to go along with this crap.

Easy. The judge will give a stern 15-minute speech warning the jurors that they must rule only on the facts of the case and that they can't let their personal feelings interfere with their verdict. Most Americans are completely ignorant of their right to nullify. That's why the effort to educate Americans of this sacred right must continue.
19 posted on 03/22/2014 1:38:42 PM PDT by HalfIrish
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To: Antihero101607

even if officials are claiming probable cause.

That is not enough for an exigent search of his car. If they did not have a warrant, they have no grounds to search his car.


20 posted on 03/22/2014 1:39:35 PM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: Mouton

Unless there is some Code of Conduct, or School Handbook that informs students that being on the grounds is implied consent. Didn’t think of it until minutes after I posted my first comment. Provided, this kid was issued a handbook, that could be the grounds on which “officials” could search his vehicle.


21 posted on 03/22/2014 1:42:53 PM PDT by Antihero101607
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To: markomalley

At the very least, the a-hole prosecutor should be pressured into accepting a plea to a lesser misdemeanor. Judges have some influence over lawyers, especially those who desire long and profitable careers, and any judge worth his robe would use this as an occasion to exert some influence over this prosecutor.


22 posted on 03/22/2014 1:43:26 PM PDT by bigbob (The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln)
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To: markomalley
I know that there’s a load of people out here that just think we’re the devil because we’re allegedly ruining this young kid’s life, and that’s not the case at all.”

I don't think you're the devil, Mr. Prosecutor. But I do think you're a "power pervert" getting your jollies.

23 posted on 03/22/2014 1:43:31 PM PDT by workerbee (The President of the United States is DOMESTIC ENEMY #1!)
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To: markomalley

I sent this to my Firefighter/EMT/Paramedic brother in TX. Hopefully, he and his brothers will rise up.

Unfortunately, the consent-for-search, high-school, parking permit was likely signed and accepted without comment by this teen’s parents.

ALWAYS, ALWAYS, ALWAYS, add an aterisk that the high school must obtain your permission or obtain a 4th-Amendment-probable-cause warrant to search your child’s vehicle on school property.


24 posted on 03/22/2014 1:43:42 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: markomalley

Demand a jury trial. A jury can decide not to follow a bad law and vote not guilty. Or if only one refused to vote guilty he could be let off when the prosecutor dose not refill.


25 posted on 03/22/2014 1:45:12 PM PDT by 20yearvet (they yell for more tests as long as its your money)
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To: markomalley
At first glance, such weapons ordinances sound sensible.

There isn't much associated with laws or management regarding schools these days that is "sensible."

26 posted on 03/22/2014 1:46:07 PM PDT by stevem
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To: Wuli
zero tolerance rules and laws create regulatory, bureaucrat and police zombies - no minds, no ability to reason, no ability to put anything in context, just mindlessly follow rules

Perfect description of today's communists liberal teachers. Few exceptions.

27 posted on 03/22/2014 1:46:12 PM PDT by Logical me
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To: Mouton

Unfortunately, he and his parents likely signed the high school’s parking-permit application which consents to a search of the vehicle under any circumstances. See my post up-thread.


28 posted on 03/22/2014 1:48:50 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: markomalley

Liberals have no common sense and it’s part of the liberal disease in which all rational thought is removed from host.

Only two options I see:

Quarantine them in Europe where they will assimilate and become fodder for the Muslim take over there.

Only other option is to eradicate them here.


29 posted on 03/22/2014 1:53:10 PM PDT by maddog55 (I'd be Pro-Choice if we could abort liberals.)
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To: 20yearvet
Demand a jury trial. A jury can decide not to follow a bad law and vote not guilty. Or if only one refused to vote guilty he could be let off when the prosecutor dose not refill.

Even if he wins, he and his family will likely be bankrupted by the legal fees.

He is being overcharged so that he will be under overwhelming pressure to accept a plea bargain, which will very negatively impact his future.

This whole incident is a "lesson" to conservatives: say anything that Lib officials dislike, and your life will be ended.

30 posted on 03/22/2014 1:57:55 PM PDT by PapaBear3625 (You don't notice it's a police state until the police come for you.)
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To: BuckeyeTexan

Regardless of the consent to search, there still must be some reasonable basis to conduct such a search. Having someone know that he uploaded video on U tube, presumably not taken on campus, seems to me to be a far stretch of that basis. Now if someone approached the school officials and said I saw he had a knife or I heard him say he had a knife with him, that easily meets the standards and frankly they would not need a consent form. Without knowing all the facts that never come out in a short story, I would be unwise to bet the farm on my answer. However, if there are none but what is reported, I would bet the judge, not wanting to get in the middle of a disaster, would rule the search unreasonable just to derail this case. Bad cases make bad law.

If I were this kid and got this thrown out, I would make it my life’s work to ensure that prosecutor had me to contend with every time he ran for office. I’d hound him to the point of exhaustion just to make a point. Of course, i would do it within the law. 13 days in jail already, this is a travesty!


31 posted on 03/22/2014 2:04:27 PM PDT by Mouton (The insurrection laws perpetuate what we have for a government now.)
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To: Pearls Before Swine
GWB didn't undo that--it festered underneath him

I have to agree.

Bush was far too quiet about the excesses of the left, and refused to slap them down when they attacked him and the American way of life. His passive approach to domestic governing (other than the detested Patriot Act) is one of the most unforgivable things about his tenure.

He effectively enabled the crap we see now by not using his time to reverse the leftist gains during Clintoon, and also not purging ALL 'toon appointees from government.

32 posted on 03/22/2014 2:08:52 PM PDT by doorgunner69
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To: markomalley

This is how tryants create patriots. My heart goes out to young man.


33 posted on 03/22/2014 2:09:34 PM PDT by C.O. Correspondence (Most bad government has grown out of too much government. . Tommy J)
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To: ConjunctionJunction
"Looks like a good case for jury nullification to me."

Jury Nullification is an awesome idea...

Ten years ago, But now I think we are in a sit-u where the liberal application of Tar and Feathers and Rope is the only Rx that will get us back on track...

34 posted on 03/22/2014 2:11:02 PM PDT by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: usconservative; lapdog

November 4th, 2008 is when it became painfully obvious but I think the country went nuts well before that day. It was a gradual thing, no one can name a date of certainty, it just built up over time, the assassination of JFK probably set off the real runup to full blown craziness. At some point long past I realized that people who would have been committed to mental institutions in the fifties were starting to take over the government and people who would have been held up as role models back then were being ridiculed as if they were the crazy ones. At this point everything is downside up and bass ackwards. If you want to be scornfully dismissed as a real nutcase now just say something that actually makes sense.


35 posted on 03/22/2014 2:12:00 PM PDT by RipSawyer
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To: markomalley

The despicable prosecutor, living off tax dollars, in this case is a DemocRAT:

http://www.starbeacon.com/local/x338555371/Nick-Iarocci-to-be-acting-Ashtabula-County-prosecutor

“Nick Iarocci will take over as Ashtabula County prosecutor Dec. 1, until the Democratic Central Committee appoints a permanent replacement for Ashtabula County Prosecutor Tom Sartini....”

Iarocci is simply another DemocRAT out to destroy yet another good citizen who believes in the 2nd amendment and may likely be a Republican. This is going on across our nation.


36 posted on 03/22/2014 2:12:45 PM PDT by House Atreides
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To: markomalley

I’ve carried a pocketknife almost every day since I was 10 years old.


37 posted on 03/22/2014 2:14:06 PM PDT by gitmo (If your theology doesn't become your biography, what good is)
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To: markomalley

Take it to a jury. I don’t think a jury would convict.


38 posted on 03/22/2014 2:16:15 PM PDT by Star Traveler (Remember to keep the Messiah of Israel in the One-World Government that we look forward to coming)
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To: markomalley

Ridiculous


39 posted on 03/22/2014 2:16:34 PM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: Wuli
“..just mindlessly follow rules...”

Pretty safe to do it that way. It gets too complicated if you bring reasonable judgment into play. Follow the rules and you get to keep your job and your tenure.

Too bad the idea of tar and feathering and being run out of town on a rail isn't still in vogue. If that were part of these bureaucrats (that call themselves teachers) risk assessment, things would change.

40 posted on 03/22/2014 2:19:08 PM PDT by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts 2013 is 1933 REBORN)
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To: GeronL

The absolutely despicable prosecutor of this case intends to “seek re-election”-—RE-ELECTION to an office to which he was never actually elected.

http://www.starbeacon.com/local/x1956154459/Nicholas-Iarocci-files-petitions-for-Ashtabula-County-prosecutor

“JEFFERSON — Ashtabula County Prosecutor Nicholas Iarocci has formally declared his intention to seek re-election in November, according to the county Board of Elections....”


How he became the prosecutor:

http://www.starbeacon.com/local/x338555371/Nick-Iarocci-to-be-acting-Ashtabula-County-prosecutor

Case such as this one help repay the prosecutor’s debt to the “Democratic Central Committee”.


41 posted on 03/22/2014 2:22:35 PM PDT by House Atreides
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To: Mouton

“That is not enough for an exigent search of his car. If they did not have a warrant, they have no grounds to search his car.”

The rules are different for vehicles parked on school property, and some schools go a step further and collect consent to search when issuing parking passes.

Further, the Supreme Court has ruled that while teens on school property do have reasonable expectations of privacy, the court believes such privacy should be balanced against a school’s interest in providing a “suitable environment for learning” Relevant case: New Jersey v. T.L.O (1985)

In other words, PC and search and seizure work a bit differently with schoolkids on school property. Don’t expect the courts to honor the same rights in children on school property that they honor in adults in public. Not saying it’s right, just saying there’s a hole there you can step in.


42 posted on 03/22/2014 2:27:29 PM PDT by jameslalor
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To: markomalley

I wonder if he knows who it was who set him up?


43 posted on 03/22/2014 2:29:23 PM PDT by wideawake
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To: markomalley

A felony for having your rescue knife in your car. Just effing wonderful.

So what bug does the prosecutor have up his butt? No reasonable public safety or taxpayer interest is served by that kind of persecution.

Sounds to me like the kid was destined to be a taxpayer, and was aiming for a productive career in military and community service. Now, what’s he going to do if the prosecutor gets his way?


44 posted on 03/22/2014 2:41:15 PM PDT by jameslalor
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To: Amendment10

Jury nullification doesn’t change the law.

It simply means the jury decides to ignore it as inapplicable for the particular case.

It should be noted that jury nullification can be used to reach evil/bad decisions as well as good ones.


45 posted on 03/22/2014 2:47:40 PM PDT by Sherman Logan
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To: markomalley

Kids brought jack knives to school every day in elementary school. We sometimes played mumbely peg at recess.


46 posted on 03/22/2014 3:05:17 PM PDT by FrdmLvr ("WE ARE ALL OSAMA, 0BAMA!" al-Qaeda terrorists who breached the American compound in Benghazi)
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To: PGR88

I continue to say that all these frivolous charges containing felony status are about taking away voting rights. Strip all Second Amendment supporters of their voting rights and you have a permanent liberal/progressive voting majority who can do just about anything they please. These laws are the worst form of discrimination and I can foresee they will lead to unintended consequences.


47 posted on 03/22/2014 3:48:27 PM PDT by Boomer One
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To: jameslalor

And there is arguably a great chasm between “environment suitable for learning” and such paper peccadilloes as this.

If someone brought things intended to be used as weapons in a brawl that’s another story, but that means one actually has to be prepared to make a case in court and that’s too HARD. Instead, criminalize every incidental even though 99% of it will never lead to mischief. Good Job, America!


48 posted on 03/22/2014 3:51:53 PM PDT by HiTech RedNeck (Embrace the Lion of Judah and He will roar for you and teach you to roar too. See my page.)
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To: Sherman Logan
It should be noted that jury nullification can be used to reach evil/bad decisions as well as good ones.

Like OJ? "If the glove don't fit, you must acquit."

49 posted on 03/22/2014 4:05:55 PM PDT by Pearls Before Swine
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To: markomalley

Illegal search?


50 posted on 03/22/2014 4:16:15 PM PDT by taxcontrol
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