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  1. In Memory of LAJ_FETT: Please share your remembrances and condolences HERE

JCC Does Bill Cosby get a pass?

Discussion in 'Community' started by jp-30, Feb 25, 2014.

  1. Harpua

    Harpua Chosen One star 9

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    Mar 12, 2005
  2. I Are The Internets

    I Are The Internets Shelf of Shame Host star 9 VIP - Game Host

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    Nov 20, 2012
    He'll get released on good behavior. Might even write a memoir that's controversial for a minute.

    I hope I don't sound like appleseed in this instance.
     
  3. Ender Sai

    Ender Sai Chosen One star 10

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    Feb 18, 2001
    Maybe when he first joined.
     
  4. Juliet316

    Juliet316 Chosen One star 10

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    Apr 27, 2005
  5. Lord Vivec

    Lord Vivec Chosen One star 9

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    Apr 17, 2006
    Apparently yes
     
  6. Yodaminch

    Yodaminch Chosen One star 6

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    Mar 6, 2002
  7. TiniTinyTony

    TiniTinyTony JCC Super Bowl Pick 'Em Winner star 7 VIP - Game Winner

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    Mar 9, 2003
    The Cosby Show reboot 2023
     
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  8. VadersLaMent

    VadersLaMent Chosen One star 10

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    Apr 3, 2002
    They were supposed to free Britney not Bill.
     
  9. Jabba-wocky

    Jabba-wocky Chosen One star 10

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    May 4, 2003
    I guess I don't understand how this issue of his prior agreement didn't come up during the first trial.
     
  10. JEDI-RISING

    JEDI-RISING Chosen One star 6

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    Apr 15, 2005
    i think it did
     
  11. dp4m

    dp4m Chosen One star 10

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    Nov 8, 2001
    IT DID.

    The judge said it a) wasn't legally binding as it was a personal promise, and b) no proof was ever given that there was anything in writing (despite the Montgomery County DA saying he did it as such).
     
  12. DarthKreVass

    DarthKreVass Jedi Grand Master star 3

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    Dec 27, 2008
    REPARATIONS!!!! :)
     
  13. Sarge

    Sarge Chosen One star 10

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    Oct 4, 1998
    Whether or not he gets out, his old classic hilarious routines just aren't funny to me any more. The last time I tried to listen to Noah, it just made me sad. Back in the day, that one had me rolling every time. :(
     
  14. Lowbacca_1977

    Lowbacca_1977 Chosen One star 7

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    Jun 28, 2006
    I think the strongest argument on this is the partial concurring opinion from Doughtery and Baer. The misleading statements from the D.A. shouldn't prevent further prosecution, it should just mean the depositions that took place under the understanding that he couldn't be prosecuted aren't able to be used. But that it's giving the D.A. too much power to say if a D.A. says someone won't be charged for something, they can't be charged. Otherwise it's a pardon power in not as succinct a statement.
     
    Last edited: Jun 30, 2021
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  15. Jabba-wocky

    Jabba-wocky Chosen One star 10

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    May 4, 2003
    Is that foolproof, though? What if someone's deposition suggests investigative leads and/or concrete evidence that plays a role in their later conviction? Is that allowable? If one can make end runs around non-prosecution agreements, what's to stop them from being used more routinely?
     
  16. Lowbacca_1977

    Lowbacca_1977 Chosen One star 7

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    Jun 28, 2006
    I will say no, that shouldn't be allowable either. Anything stemming from it should be out.

    I also think it should be possible (though how it would be done I'm not sure, so I won't say it should be put in place) that the person who is making non-prosecution agreements like this, which I think is overstepping, should also face some sort of sanction so that there's a cost to a D.A. who misuses this stuff.
     
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  17. LostOnHoth

    LostOnHoth Chosen One star 5

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    Feb 15, 2000
    My understanding is that the non prosecution ‘agreement’ was made solely by the DA in contemplation of civil proceedings being commenced against Cosby by one of the complainants which would effectively deprive Cosby of his fifth amendment rights in those civil proceedings. This was done by the DA to assist the complainant in the civil proceedings given the DA would not prosecute criminally. This led Cosby to give evidence he would otherwise not have given because he could have invoked his fifth amendment rights absent the non prosecution agreement. The court found it was an affront to fairness for the authorities to then prosecute and use the evidence obtained in the civil proceedings in that prosecution, given that it was only made in reliance of the prior non prosecution agreement which deprived Cosby of his fifth amendment rights.

    I haven’t read the dissent but the majority position seems to make sense.
     
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  18. Lowbacca_1977

    Lowbacca_1977 Chosen One star 7

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    Jun 28, 2006
    Pretty much, the big distinction between the majority and the main dissent was that the majority said that because of that agreement, Cosby couldn't be charged at all. The dissent holds that he could still be charged, but that evidence couldn't be used. So it's not a total dissent, they just think that it should've been only about the evidence not being admissible.
     
    Last edited: Jul 1, 2021
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  19. LostOnHoth

    LostOnHoth Chosen One star 5

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    Feb 15, 2000
    Which may amount to the same thing as charges are only brought if there is a reasonable prospect of conviction and the assessment of a reasonable prospect is largely based upon the admissible evidence.
     
  20. Lowbacca_1977

    Lowbacca_1977 Chosen One star 7

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    Jun 28, 2006
    I think so in this case, broadly, the bigger issue may be one of precedent.
     
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  21. VadersLaMent

    VadersLaMent Chosen One star 10

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    Apr 3, 2002
  22. gezvader28

    gezvader28 Chosen One star 6

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    Mar 22, 2003
    apparently the Britney case is not at an end , they were explaining it on the news , its complicated , but its not done yet.
     
  23. christophero30

    christophero30 Chosen One star 10

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    May 18, 2017
    It's just sad all around. I cannot think of a person that was that famous, and who was known for his (supposed) family values for decades, fell that far and that fast.
     
    Last edited: Jul 1, 2021
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  24. dp4m

    dp4m Chosen One star 10

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    Nov 8, 2001
    First of all, a NPA (or a DPA) are legal documents -- they're negotiated, they're signed, they have specific language and they almost always include language that specifies if you break this, then we can prosecute you (including anything discovered now).

    So if the judge ruled that Cosby was violating the terms of his NDA by being him and there was no legally enforceable non-prosecution agreement, welp...
     
  25. Fin McCool

    Fin McCool Jedi Master star 4

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    Apr 18, 2015
    If it hadn't come up at trial, the issue wouldn't have been preserved for appellate review, and the court would not have considered it or would have used Pennsylvania's equivalent of the plain error standard which is a tough go.
     
    Last edited: Jul 1, 2021
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