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 If you were thinking of a "Kill 'em all, ..." T-shirt 
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 Post subject: If you were thinking of a "Kill 'em all, ..." T-shirt
PostPosted: Tue Jun 30, 2009 7:20 pm 
Wise Elder
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Location: St. Paul
consider the prejudicial effect of the defendant's freedom of expression on his criminal sentence for a separate crime. Does a "BAD" t-shirt infer a "BAD" heart. If so, you get another 10 years.

Quote:
[Eugene Volokh, June 30, 2009 at 2:11pm]
You Can't Hide Your "Lying Eyes":

From Wood v. State (Tex. Ct. App. June 18):

During the punishment phase of appellant’s trial [for aggravated assault with a deadly weapon], Sheriff David Halliburton testified that appellant had a tattoo on each eyelid. The word “Lying” was on one, and “Eyes” on the other. Appellant objected to the testimony stating that it was not relevant. The trial court overruled the objection. The State mentioned the tattoos in its closing argument on punishment, arguing that they showed appellant’s lack of respect for society.

At the punishment phase of a criminal trial, evidence may be presented as to any matter that the court deems relevant to sentencing. [In Texas, sentencing, even in noncapital cases, is often done by a jury. -EV] ... The tattoos were ... used ... to show his disregard for the truth and his moral character. A person’s tattoos can reflect his character and demonstrate a motive for his crime. Conner v. State, 67 S.W.3d 192, 201 (Tex. Crim. App. 2001). The trial court did not err in admitting evidence of appellant’s tattoos....

I'm not sure whether "lying eyes" does indeed show a person's "lack of respect for society" in the sense of lack of respect for moral or legal norms (as opposed to a lack of respect for its conventions of what's attractive and what's repulsive or even disgusting). "Lying eyes" could mean eyes that deceive their owner. Or it could mean eyes of a liar (which in the song were actually the part of the body that revealed the lie). Yet even if it means the latter, I doubt that people who have such tattoos are really admitting to being any more prone to lying than the average person.

Still, the threshold for admissibility of evidence is generally pretty low, especially at sentencing, where the question isn't just what a person did but what sort of person he is overall. And it's for a jury to determine just how much a person's own statements -- including his tattoos -- say about his character; so the court probably got it right as a matter of the admissibility of evidence, though if I were a juror I wouldn't give it much weight.


P. S. ANOTHER reason to keep your mouth shut at any crime scene.

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President of AACFI, GOCRA, CCRN, and A2A


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 Post subject: Re: If you were thinking of a "Kill 'em all, ..." T-shirt
PostPosted: Tue Jun 30, 2009 9:40 pm 
1911 tainted
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kimberman wrote:
P. S. ANOTHER reason to keep your mouth shut at any crime scene.

No matter how many times you say this, they will still want to explain their side of the story to a person of authority, the responding LEO............ :bang:


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 Post subject: Re: If you were thinking of a "Kill 'em all, ..." T-shirt
PostPosted: Wed Jul 01, 2009 8:04 pm 
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Location: South of the River
I guess I'm i big trouble if I get caught relocating a chipmunk when I catch one in my live trap.

30 rodent tattoos must show lack of respect for the rodent community.


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 Post subject: Re: If you were thinking of a "Kill 'em all, ..." T-shirt
PostPosted: Wed Jul 01, 2009 10:11 pm 
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Easy enough for me to do. I find the "kill 'em all" attitude to be morally repugnant.

There have been clearer examples. I wish I had cites. Not only penalty phase stuff but evidence as to motive and mindset. The "we don't call 911," "never mind the dog", and "insured by s&w" signs testify against reasonableness.

They're in poor taste, too, but not as bad as the eyelids.


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 Post subject: Re: If you were thinking of a "Kill 'em all, ..." T-shirt
PostPosted: Thu Jul 02, 2009 10:27 am 
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Joined: Fri Jun 22, 2007 1:18 pm
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Location: Coon Rapids
I'm embarrassed to say I kept wondering what a Metallica shirt has to do with self defense. It took me until now to figure out the reference to "let God sort them out."
:oops:


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 Post subject: Re: If you were thinking of a "Kill 'em all, ..." T-shirt
PostPosted: Thu Jul 02, 2009 11:47 am 
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Joined: Mon Dec 22, 2008 6:57 pm
Posts: 53
Location: St. Paul
ttreml3 wrote:
I'm embarrassed to say I kept wondering what a Metallica shirt has to do with self defense. It took me until now to figure out the reference to "let God sort them out."
:oops:



:)

I still have my original Metallica shirt from 1982.


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