Also, as an afterthought: Here is a link that perhaps the OP should read.
If someone is going to make an assertion that a man is a child rapist, and the man has never been tried or convicted of such crimes, then it might
very wel be a case of either LIBEL SLANDER or DEFAMATION under applicable State laws. Since blogging and online writings in a forum setting are
transmitted nationwide, it affects Interstate Commerce and might be regulated by federal libel laws as well.
Far better to say " ALLEGED Child Rapist Freed..". The ' alleged part protects the writer from making statements that could result in actionable
charges and suits to correct the false impression made by the headline. No doubt that defendant, presumed innocent, would be outraged to see himself
declared to all the world through a very popular site as a " Child Rapist ' even though he has never been tried or convicted.
Accusations are NOT enough to declare a man guilty; it is NOT the American way, and one would be well advised to use a bit of caution while flinging
totally unsupported accusations and bold declarations of guilt around lest one find ones self on the wrong end of a civil suit. Just think how much
it would piss you off to have to give this guy some money to satisfy him after you called him such a horrible thing with no conviction?
ONLY a conviction from a court of law enables the press or the public to state that a person IS a " child rapist ' or ' burglar ' or ' drug
dealer ' or jaywalker '..to insinuate that a man deserves the reputation of someone who has been proven guilty when in fact he HAS NOT been proven
guilty is wrong, plain wrong. Just add the word " ACCUSED " to the headline and all is well. That tells the truth, he was accused. And he was
presumed innocent. And he never got a fair trial. Therefore he is presumed innocent
And innocent people should not be painted with the same brush as the convicted, or we all are able to be convicted in the eyes of our peers, our
jurors, and the press long before we get to trial, or even iof we never get there..that cannot be allowed to happen. Never let outrage strip away out
humanity and the observance of the rule of law and of DUE PROCESS, our only real protection against false charges and false assumptions.
The court determined that he could not aid his defense well enough to help his case, and no doubt with good reason. Knowing a few words of Spanish,
as I do, would NOT help me in a Spanish courtroom; one must be FLUENT and of average intelligence just to comprehend some of the vagaires of the law
and procedure. Someone with little command of the language would not have a chance, and that is why the judge ruled as he did.
the judge KNEW he was going to take a lot of heat from the ' get a rope ' crowd emotionally exasperated at the system and because of the severity
of the alleged crimes. Severity of crime does NOT mean anything to the system and due process, nothing; except that the more serious the charges, the
more necessasry due process becomes. Lawyers know it, cop's know it, courtroom personnel know it, it happens. And when it does it can either bring
out the lunch mob mentaility or the thoughful appreciation of our system for making sure that no one, not even those accused of terrible crimes, will
be denied their rights and due process.
It keeps the system healthy to insure strict observance of rights, it has no down sides, except that once in a while, a truly guilty party will
escape justice. But that happens all the time anyway; every crook not yet caught is getting away with things, career criminals get away with far more
crimes than they ever get caught for, so they get away with it. People get away all the time, and it is a crying shame that a child rapist, or even an
ALLEGED child rapist, could get away; it is sickening, I admit.
But better to be sickened by the occasional travesty than for all of us, every one of us, to be sickened by the denial of due process and
fundamental rights that would result from assuming guilt instead of innocence when faced with accusation of crime. We would ALL end up victims if we
allow our feelings and emotions to write the law, instead of the ultimate protection of the many by a system that admittedly allows the few to not
receive justice from the system.
It is principle, and law and the long term good, that must be the standard. If we allow ourselves to become less than avid proponents of the due
process clause, we are inviting not only more abuses from the system, but no guarantee that the truly guilty would be convicted in any greater numbers
than present. Protect the Constitution, and it will protect YOU; remember, the reverse is also true. See the big picture.