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A new trial - no longer from a preponderance of the evidence?

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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 11:33 PM
Original message
A new trial - no longer from a preponderance of the evidence?
AMENDMENT PURPOSE:
An amendment numbered one printed in House Report 108-737 to allow a victim a right to bring a motion to enforce the right to be heard in plea and sentence and also allows a victim to be heard at a parole proceeding. Amendment allows for a five year time period to file a motion for a DNA test and then provides for a rebuttable presumption against the test after that. Amendment changes the standard for getting a new trial from a "preponderance of the evidence" standard to a "compelling evidence" standard. Amendment reduces the amount authorized for capital representation and prosecution grants by $25 million and limits the amount that may be used for training and effective systems at the appellate level. The amendment increases the penalties for misuse of DNA samples.

H.AMDT.781 (A001)
Amends: H.R.5107
Sponsor: Rep Sensenbrenner, F. James, Jr. (offered 10/6/2004)

10/6/2004 12:08pm:
Amendment (A001) offered by Mr. Sensenbrenner. (consideration: CR H8195-8204; text: CR H8195-8203)
10/6/2004 12:18pm:
On agreeing to the Sensenbrenner amendment (A001) Agreed to by voice vote.
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juliagoolia Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 11:39 PM
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1. this passed???
Are you kidding???

We just need more prisons. Hell we have more people in Prison per capita than any nation on earth
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The Straight Story Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Nov-20-04 11:53 PM
Response to Reply #1
3. What we need now is for us to be on top of all this daily
here at DU. Every little thing we should hammer away on. They may hide things, and the main stream may downplay them, but if we get cranking along and read every single bill/amendment/et al we can catch em when they pull slick crap.
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DeepGreen Donating Member (572 posts) Send PM | Profile | Ignore Sat Nov-20-04 11:39 PM
Response to Original message
2. You know, it is getting to the point that
we ought to just get it over with, go buy some handcuffs, put them on, and walk to the nearest jail. That might save some tax dollars
for the BIG GUY!
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juliagoolia Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-21-04 03:27 PM
Response to Reply #2
4. That made me laugh! But really just how
much do we want to keep people innnocent or not locked up out of fear? Is it a money issue? If so how much is freedom worth?
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