Aug 152013
 

Jesse Powell TWRA (the TWRA at the end is important since Jesse Powell TWRA has no identity without women) says a lot of misandrist things.  One of the most misandrist things he has ever said it’s all right for innocent men who are the victims of false rape charges to be imprisoned because he believes it will protect women from being raped.   Jesse Powell TWRA says that we’re slandering him, and that the context of his remarks was because Paul Elam secretly desires to end all rape prosecutions.  In reality, we are correct, and he is the one slandering Paul Elam.

Paul Elam said that if he was on a jury in a rape trial, he would always vote not guilty.  This isn’t some sort of general protest against the false rape industry nor does Paul Elam want women to get raped.  Paul Elam has said that the whole legal culture around rape prosecution is corrupt tainting any evidence in a rape trial.  Rape shield laws also prevent a defendant from presenting relevant evidence.  These factors come together to make it impossible to determine guilt in a rape trial.  If you’re on a jury and know you can’t trust the evidence presented to you and/or you know evidence is missing, then you can’t evaluate whether a defendant is guilty or not.  Thus, a juror in such a circumstance must vote not guilty.  This is a sound legal principle and a proper application of due process.

Jesse Powell TWRA will start screaming at this point how this will allow rapists to go free.  It’s possible it might.  However, one of the principles that is at the foundation of our legal system is that it’s better for a guilty man to escape than let an innocent man be imprisoned.  This is better known as Blackstone’s formulation (named after Sir William Blackstone) which is, “It is better that ten guilty persons escape than that one innocent suffer.”  Blackstone wasn’t the first to understand his formulation.  Various legal authorities in history before him understood this principle.   The Bible is likely the original source of this principle.  The Founding Fathers also agreed with Blackstone.  Benjamin Franklin said, “it is better 100 guilty Persons should escape than that one innocent Person should suffer”.  John Adams provides the best explanation on why a legal system striving to be just must follow Blackstone’s formulation:

It is more important that innocence should be protected, than it is, that guilt be punished; for guilt and crimes are so frequent in this world, that all of them cannot be punished…. when innocence itself, is brought to the bar and condemned, especially to die, the subject will exclaim, ‘it is immaterial to me whether I behave well or ill, for virtue itself is no security.’ And if such a sentiment as this were to take hold in the mind of the subject that would be the end of all security whatsoever

In other words, if the legal system must default to letting a guilty person escape whose guilt can’t be proven rather than let an innocent person be imprisoned because the alternative is to completely undermine the desire of people to follow the law.  In such a scenario, either the government collapses into anarchy because no one trusts it, or a police state (which will be corrupt by definition) will be established.  Knowing this it’s no surprise that the critics of Blackstone’s formulation are mostly tyrants or apologists for tyrants.  Pol Pot was a strident critic of Blackstone’s formulation.

There is no way to completely eliminate rape as there is no way to completely eliminate any other form of crime.  Imprisoning innocent men like Jesse Powell TWRA (and Pol Pot) would want to do will not eliminate rape.  Instead it destabilizes our government potentially leading to a police state which is exactly what a tyrant would want.  If Sir William Blackstone and the Founding Fathers were around today, they would agree with Paul Elam’s point of view because they understand that Blackstone’s formulation is a necessary component of a free and just society.

Jesse Powell TWRA clearly disagrees with Blackstone’s formulation so the only conclusion that we can draw is that he wants a matriarchal police state to “protect women”.  This is a case with a clear difference between two sets of ideas.  On one side you have Sir William Blackstone & the Founding Fathers defending freedom and justice.  On the other you have Pol Pot and a police state.  Jesse Powell TWRA has chosen the latter.

  10 Responses to “Sir William Blackstone & The Founding Fathers VS. Jesse Powell TWRA & Pol Pot”

  1. Well:
    I can’t believe I’m even partially on the side of “Jesse Powell, TWRA” for any reason, but here goes:
    I think Paul’s stance as an absolute is undefensible.
    For one, there’s “stranger rape”.
    These cases are the more rare cases but nonetheless they too do happen each and every year.
    If there is evidence of a struggle, a drugging, the alleged victim is injured..well, I’m probably going to vote to convict.
    Paul Elam won’t because he either hasn’t thought it through enough (Despite at least 3 posts of his on this subject I’m aware of) to make that exception, or because he’s so pissed off about potential misuses of the Rape Shield laws (and yes, we know there have been some, some convictions have even been overturned on appeal due to such) that he’ll take it out on women even in cases where Rape Shield is arguably a non -factor.

    Then there’s “He Said, She Said”, where:
    A. The defendant has one or more prior convictions of rape not just accusations from say some stepdaughter, former wife or girlfriend or other party.
    B. The defendant can’t help lying to save his life, though such stupid defendants are rare.

    In such “He said, she said” cases, I MIGHT convict were I on a jury.

    That being said it’s still a slander that Paul Elam “Desires to end all rape prosecutions”. Like me, I’m sure he’d rather they were operating under a more fair system.

  2. By the way:
    While trials for most other crimes (excluding drugs and $) tend not to have ‘special evidence rules’ like rape does, it’s nonetheless true that due to the power of the Judiciary being largely unchecked (see the Zimmerman case which I closely followed at several legal blogs and watched nearly every day as an example)the fact is you can never be sure that relevant evidence isn’t being withheld from you during a criminal trial because the system doesn’t have enough checks and balances when it comes to Judges and Prosecutors and what evidence they choose to allow in. Remember, Nifong(he of Duke Lacrosse Infamy) only lost his law license and spent ONE day in jail. He still got his pension and people said he was near retirement anyway.

    I don’t see how Pauls argument that if there is the slightest chance you aren’t getting all the information you should vote to acquit (no matter how strong the evidence seems) doesn’t apply to all felonies in our current system. I really don’t.

    The only reason I can see is a moral one: Rape, drugs, and crimes involving money (Feds take that $tuff seriously yo, when they might not be getting their cut ) arguably have extra special rules that make such relevant evidence suppression more likely.

  3. Sure, it’s bad when a woman gets raped, but it really isn’t a big deal.

    Women handle being raped far better than men overall, because they DESIRE to be sexually “assaulted” anyway. A man risking death/incarceration and lifetime shame just to rape her is the most intense form of sexual validation she can get. Some men who were raped end up being traumatized for the rest of their lives.

    The only important factor of a woman getting raped was the destruction of his rights to his wife and honor. Those things really don’t matter anymore thanks to the misandrists and their ilk. Besides, women have too many methods to protect themselves from rape. Get some pepper gas, travel in groups, learn a few m-arts moves, avoid abandoned streets and suspicious people to name a few. IT ALSO HELPS TO NOT DRESS LIKE A FUCKING WHORE. Just a cursory research on the subject would reveal many methods. But how dare I tell women to acquire some PERSONAL RESPONSIBILTY? The concept doesn’t exist in their minds.

    Thanks to people like TWRAs, the will be a whole fucking more lot of rape soon when shit hits the fan. And I won’t have a shred of pity in my heart.

  4. the truth is that the whole consent idea [that you need consent for sex] , let alone the malleability of consent, is actually quite misnadric

    [pardon my spelling, right now i’m typing on some stupid piece of shit laptop where the keyboard is basically a mine filed so im not bout to go back and fix ]

    it’s misandric because it assumes that men and women turn down sex with relatively equal frequency

    but we all know that’s not how it works [WE KNOW IT]

    and yet somehow we’ve all internalized the idea that its all fair and just for us to have to go sulk in the corner cuz boopsy has a headache but we’re always ready to go for her [and if not its misogyny]

    as a thought exeperiment lets imagine if the circumsatnces were reversed and it was, generally, the men who turned down the sex

    the roaor from the fems would be deafening!

    the words consent and misogyny would be synonymous in the public lexicon!

    so why are we even sparring with fems over malleability of consent issues when, from birth, we’ve been handed a raw deal meme from the beginning?

    heh, a true sexual egalitarianism would be like brave new world where it’s actually a criminal offence to not put out

  5. Fuck you Clarence.

    I do hope you see the inside of the Star Chamber,you wouldst be a-changing your tune when it’s your ass looking at 22 years in the Federal pen.

    To repeat,fuck you very much,Clarence.

  6. I see “freebird” is off his medication again.
    I fail to see how I support Star Chambers, but I suppose if you are drunk, crazy, or stupid you could have gotten that out of my comments.
    I know Paul Elam doesn’t support rape and would convict if he felt he could.
    I think there’s enough evidence to convict sometimes. Not every trial is a HSSS.

  7. I naturally disbelieve anything a woman says, because they are so prone to lying by default.

    if a woman says that the sky is blue, you better go check.

  8. Women don’t seem to have a real need for their capacity to talk beyond lying, manipulation, emotional blackmail and chatter.

    I think the world would be a much better place if all women got their vocal chords surgically removed. And not taught how to read and write.

  9. Why is rape even a separate crime anyways?

    Battery is the crime of unlawful touching, and aggravated battery is the crime of unlawful touching that results in injury. Why not just get rid of rape laws altogether and prosecute as batteries? A rape that resulted in an abortion is serious, but why do we treat it more serious more serious than a dude who suffered internal damage after getting knife wounds? Morally, they are the same.

    I know, I know, the woman could care for the rapists baby full term, and not give it up for adoption afterwards… But how realistic is basing the law on this scenario?

  10. First of all, he said that he is ok with jailing innocent men, years ago. Long before Paul Elam. Everyone saw this, including WF Price and Novaseeker. Jesse Powell cannot undo that.

    That’s true, but even if he was just reacting to Paul Elam, Jesse Powell TWRA is still trying to overturn one of the bedrock principles of of law in the English speaking world, Blacksone’s Formulation, that protects freedom and justice because he believes it harms women.

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