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Re: Nice job your Honour...

Posted: Thu Feb 07, 2013 11:21 am
by basketcase
gotchya wrote:
SupahDuck wrote:One could argue that the manner in which this played out from the judge's standpoint was designed to provoke a response, but at the end of the day, her decorum and lack of respect for the bench was the enabling factor. She chose not to be serious, and chose to treat the judge with disrespect (had she said, "Thank you, your honour, good day!" this would not have made the news). Her choice of "Adios" is what got her into trouble.

But again what is rude and distasteful is not nessisarily illegal.


Contempt of court is illegal. Contempt of court is being rude and distasteful. Therefore being rude and distasteful is illegal.

Re: Nice job your Honour...

Posted: Thu Feb 07, 2013 11:31 am
by patcormier
Maybe my ears are playing tricks on me... But he seemed like a judge of Latino heritage... IMO the 'adios' was said mockingly in regards to his heritage...

One can debate wether she would have said all that crap had she been sober... But it wasn't the case ... So fuck her and fuck her junkie lifestyle ... She can take her lumps and move on....

Re: Nice job your Honour...

Posted: Thu Feb 07, 2013 11:49 am
by Madeline236
basketcase wrote:
gotchya wrote:
SupahDuck wrote:One could argue that the manner in which this played out from the judge's standpoint was designed to provoke a response, but at the end of the day, her decorum and lack of respect for the bench was the enabling factor. She chose not to be serious, and chose to treat the judge with disrespect (had she said, "Thank you, your honour, good day!" this would not have made the news). Her choice of "Adios" is what got her into trouble.

But again what is rude and distasteful is not nessisarily illegal.


Contempt of court is illegal. Contempt of court is being rude and distasteful. Therefore being rude and distasteful is illegal.


That logic seems straight forward to me. I'm surprised there is any debate over it. Even before the Adios, her behavior was not taking the process seriously. The dismissive Adios (little giggle as she walked away) just topped it off.

She looks jail hot, I'm sure someone will take her under her wing for those 30 days.

Re: Nice job your Honour...

Posted: Thu Feb 07, 2013 12:30 pm
by gotchya
SupahDuck wrote:The bail increase was at his discretion, and the finger was clearly contempt. Again, his discretion, his court. Not sure why we're even arguing this. :nono:

In the Canadian context, I don't believe the amount of bail is discretionary, I believe it is fixed to ensure compliance.

With regards to discretion, discretion is not untrammeled or unlimited, certainly a judge couldn't raise bail because of the colour of one's skin or the country for which they were born. Sure there is discretion, but discretion has to be exercised within the objectives of the Act and must withstand some probing as to the rationality of it, and how reasonable connected it has with the objectives of the Act.

Re: Nice job your Honour...

Posted: Thu Feb 07, 2013 12:37 pm
by SupahDuck
gotchya wrote:
SupahDuck wrote:The bail increase was at his discretion, and the finger was clearly contempt. Again, his discretion, his court. Not sure why we're even arguing this. :nono:

In the Canadian context, I don't believe the amount of bail is discretionary, I believe it is fixed to ensure compliance.

With regards to discretion, discretion is not untrammeled or unlimited, certainly a judge couldn't raise bail because of the colour of one's skin or the country for which they were born. Sure there is discretion, but discretion has to be exercised within the objectives of the Act and must withstand some probing as to the rationality of it, and how reasonable connected it has with the objectives of the Act.


And again, I'm not sure why we're even arguing this, seeing as the court in question is in ***FLORIDA***. :nono: There is NO Canadian context to this story, so why even bother? :ponder:

If you ever find yourself in a Florida courtroom facing Miami-Dade Circuit Judge Jorge Rodriguez-Chomat, don't give him any lip — and certainly don't flip him the bird. Penelope Soto, 18, who was arrested for drug possession, learned that Monday, when she irritated the judge with her insouciant attitude — flipping her hair, laughing derisively, dodging questions. Miffed, the judge slapped Soto with a $5,000 fine and bid her "bye-bye." Soto laughed and responded, "Adios," so he upped her fine to $10,000. "Are you serious?" the teen asked. "I am serious. Adios," said the judge. Soto gave him the finger, at which point he sentenced her to 30 days in jail for contempt of court. And yes, he was serious.


http://now.msn.com/penelope-soto-florid ... the-finger

Re: Nice job your Honour...

Posted: Thu Feb 07, 2013 3:48 pm
by 48highlander
SupahDuck wrote:
And again, I'm not sure why we're even arguing this, seeing as the court in question is in ***FLORIDA***. :nono: There is NO Canadian context to this story, so why even bother? :ponder:


Because gotchya likes to argue black is blue, and apparently is well versed in American court proceeding and the criminal/common law that goes with them. :?

Re: Nice job your Honour...

Posted: Thu Feb 07, 2013 7:30 pm
by Chuk750
I do not comprehend what the quandary is. Gotchya is merely imparting his assessment based on his particularized discernment. Reminiscent of what the venerated judge did.
However in this occurrence I would deem it safe to infer, much like another thread, individuals should concur to be dissimilar. :?


PS The bitch got what she deserved, good on the judge for having the balls to do it!

Re: Nice job your Honour...

Posted: Thu Feb 07, 2013 8:38 pm
by Shawshank
Chuk750 wrote:
PS The bitch got what she deserved, good on the judge for having the balls to do it!


I would like to think that she learned something about respect from this, but I would bet strongly against it.

Re: Nice job your Honour...

Posted: Thu Feb 07, 2013 10:08 pm
by El Conejo
Chuk750 wrote:I do not comprehend what the quandary is. Gotchya is merely imparting his assessment based on his particularized discernment. Reminiscent of what the venerated judge did.
However in this occurrence I would deem it safe to infer, much like another thread, individuals should concur to be dissimilar. :?


Image

well played.

Re: Nice job your Honour...

Posted: Fri Feb 08, 2013 3:22 am
by gotchya
basketcase wrote:Contempt of court is illegal. Contempt of court is being rude and distasteful. Therefore being rude and distasteful is illegal.

So shall I round up all the members of Blueline who constantly ridicule our justice system and the judges that administer it?

Re: Nice job your Honour...

Posted: Fri Feb 08, 2013 3:24 am
by gotchya
48highlander wrote:\Because gotchya likes to argue black is blue, and apparently is well versed in American court proceeding and the criminal/common law that goes with them. :?

I was actually arguing I don't think you'd see this in Canada, hence the preface, "in the Canadian context".

Re: Nice job your Honour...

Posted: Fri Feb 08, 2013 8:17 am
by To a T
:roll:

Re: Nice job your Honour...

Posted: Fri Feb 08, 2013 9:16 am
by gotchya
To a T wrote:
gotchya wrote:
basketcase wrote:Contempt of court is illegal. Contempt of court is being rude and distasteful. Therefore being rude and distasteful is illegal.

So shall I round up all the members of Blueline who constantly ridicule our justice system and the judges that administer it?


There is a major difference between both and how you draw a nexus between them is beyond logic. Within a COURTROOM during a proceeding, what the accused did in this matter is unlawful - Contempt of COURT. Discussing court cases and rulings in a police & law enforcement forum is not.

You misunderstand Contempt of Court, it is an "offence" which largely occurs outside the courtroom, namely by refusing to comply with lawful orders.

Re: Nice job your Honour...

Posted: Fri Feb 08, 2013 9:43 am
by johnq
nevermind

Re: Nice job your Honour...

Posted: Fri Feb 08, 2013 10:09 am
by Bubbles1993
johnq wrote:nevermind


I was going to comment as well.

Instead, adios.