things sort of automatically on reflex. without a lot of time to think about it, to professor turley s point that it goes to conscious disregard, i don t see it there. i think this was a pure accident. jacqui: you have the unique position of being both a district attorney and former police officer. one of the arguments the prosecution made in the final moments of this trial, the closing argument, was that an accident is still a crime. does that read differently to you as a police officer versus someone who is prosecuting a case? what do you make of that? l, jacqui, that s preposterous. if it s an accident, it s an accident. that s why the law recognizes accidents as an affirmative defense. by definition, accidents are not crimes because there is no what we call culpable mental state. he crime requires not only a guilty act, but a guilty mind, even in criminal negligence that requires something like a
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The Tripura High Court on Thursday held that the conviction of an accused only on the basis of presumption under sec. 29 and 30 of the POCSO Act would offend Art. 20(3) [No person accused of any offence shall be compelled to be a witness against himself] and Art. 21
[Right to Life] of the Constitution of India. Noting that such presumption would be lead up to the prosecution commencing the trial with an added advantage , a Division Bench comprising of
Chief Justice Akil Kureshi and Justice Arindam Lodh observed thus: Upon meticulous reading of Section 29 and 30 of the POCSO Act, according to us, prosecution will commence the trial with an additional advantage that there will be presumption of guilt against the accused person, but, in our considered view, such presumption cannot form the basis of conviction, if that be so, it would offend Article 20(3) and 21 of the Constitution of India. Perhaps, it is not the object of the legislature to incorporate Se
FELONY
â¢Steven Dario Quiriconi, 63, Hermiston, pleaded guilty to Unlawful Use of Weapon: sentenced to 45 months Oregon Dept. of Corrections (DOC), 15 months post-prison supervision, $500 fine and restitution to be determined; pleaded guilty to DUII (misdemeanor): sentenced to 60 days jail, $2,000 fine and 1 year driverâs license suspension; pleaded guilty to four counts of Recklessly Endangering Another Person (misdemeanors): sentences to discharge; pleaded guilt to a second count of DUII (misdemeanor): sentenced to 90 days jail, $2,000 fine and 3 years driverâs license suspension.
â¢Curtis Wendell Bevan, 45, Hermiston, pleaded guilty to Theft I: sentenced to 13 months Oregon DOC, 1 year post-prison supervision and $200 fine.
â¢Clifford Eugene Bradley, 55, Boardman, pleaded guilty to Fleeing/Attempt to Elude Police: sentenced to 13 months Oregon DOC, 2 years post-prison supervision and $200 fine; pleaded guilty to Driving While Suspended/Revoked (misdemeanor