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	<title>
	Comments on: Update: false accuser liable to school district in Brian Banks case	</title>
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	<link>https://www.overlawyered.com/2014/10/update-false-accuser-liable-school-district-brian-banks-case/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Wed, 15 Oct 2014 01:30:19 +0000</lastBuildDate>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2014/10/update-false-accuser-liable-school-district-brian-banks-case/comment-page-1/#comment-307944</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Wed, 15 Oct 2014 01:30:19 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=48790#comment-307944</guid>

					<description><![CDATA[@Boblipton--

Many States offer restitution to the exonerated.  I strongly favor such laws; indeed I would go further, invoking the power of Congress under the Fourteenth Amendment to force all States to offer restitution.

I do not oppose a civil lawsuit against the recanter and especially against her mother, but doubt how much money would be recovered.

I would like to see lawsuits against rogue prosecutors, likely to have more money than the average false accuser.  I do not know enough about this case, howeverl to say whether prosecutors should have dropped it even before the recantation.  

But I stand by my opposition to imprisonment of voluntary recanters.  Even if you reject my desire to encourage recantation, criminal prosecution faces serious practical obstacles.  Start with the Miranda rule and related protections against self-incrimination.  By the time all such tainted evidence is excluded, your chances of proving your case &quot;beyond a reasonable doubt&quot; have vanished.

The Duke Lacrosse false accuser, unmasked by the efforts of others, is a better example of someone deserving criminal prosecution.  But even she is a rather pathetic, wretched creature, led on by a politically ambitious prosecutor.  It is the prosecutior, Nifong, who should be sent to prison, for a term three times the total terms he intended for the victims of his frame-up, say 3 x 3 people x 10 years apiece = 90 years.]]></description>
			<content:encoded><![CDATA[<p>@Boblipton&#8211;</p>
<p>Many States offer restitution to the exonerated.  I strongly favor such laws; indeed I would go further, invoking the power of Congress under the Fourteenth Amendment to force all States to offer restitution.</p>
<p>I do not oppose a civil lawsuit against the recanter and especially against her mother, but doubt how much money would be recovered.</p>
<p>I would like to see lawsuits against rogue prosecutors, likely to have more money than the average false accuser.  I do not know enough about this case, howeverl to say whether prosecutors should have dropped it even before the recantation.  </p>
<p>But I stand by my opposition to imprisonment of voluntary recanters.  Even if you reject my desire to encourage recantation, criminal prosecution faces serious practical obstacles.  Start with the Miranda rule and related protections against self-incrimination.  By the time all such tainted evidence is excluded, your chances of proving your case &#8220;beyond a reasonable doubt&#8221; have vanished.</p>
<p>The Duke Lacrosse false accuser, unmasked by the efforts of others, is a better example of someone deserving criminal prosecution.  But even she is a rather pathetic, wretched creature, led on by a politically ambitious prosecutor.  It is the prosecutior, Nifong, who should be sent to prison, for a term three times the total terms he intended for the victims of his frame-up, say 3 x 3 people x 10 years apiece = 90 years.</p>
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2014/10/update-false-accuser-liable-school-district-brian-banks-case/comment-page-1/#comment-307933</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Wed, 15 Oct 2014 01:07:59 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=48790#comment-307933</guid>

					<description><![CDATA[I suspect Robert found this web page:
http://www.cyberussr.com/rus/

The comrades of the Cyber USSR hasten to assure Robert that they offer &quot;no guarantee of ideological soundness for statements by Kanningam, a bourgeois fellow-traveler in our popular front against Trotskyism.&quot;

For my own part, I foam at the mouth at the very mention of Trotsky...

PS to Robert:
As you value your life, stay away from the website
http://www.theonion.com/
Some of their so-called journalism might put too much strain on your heart...]]></description>
			<content:encoded><![CDATA[<p>I suspect Robert found this web page:<br />
<a href="http://www.cyberussr.com/rus/" rel="nofollow ugc">http://www.cyberussr.com/rus/</a></p>
<p>The comrades of the Cyber USSR hasten to assure Robert that they offer &#8220;no guarantee of ideological soundness for statements by Kanningam, a bourgeois fellow-traveler in our popular front against Trotskyism.&#8221;</p>
<p>For my own part, I foam at the mouth at the very mention of Trotsky&#8230;</p>
<p>PS to Robert:<br />
As you value your life, stay away from the website<br />
<a href="http://www.theonion.com/" rel="nofollow ugc">http://www.theonion.com/</a><br />
Some of their so-called journalism might put too much strain on your heart&#8230;</p>
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		<title>
		By: Vern Dennis		</title>
		<link>https://www.overlawyered.com/2014/10/update-false-accuser-liable-school-district-brian-banks-case/comment-page-1/#comment-307887</link>

		<dc:creator><![CDATA[Vern Dennis]]></dc:creator>
		<pubDate>Tue, 14 Oct 2014 22:02:55 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=48790#comment-307887</guid>

					<description><![CDATA[While I very seriously doubt that 50% of rape accusations are false, I would not be surprised if 5% to 10% of such accusations were false.]]></description>
			<content:encoded><![CDATA[<p>While I very seriously doubt that 50% of rape accusations are false, I would not be surprised if 5% to 10% of such accusations were false.</p>
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		<title>
		By: Boblipton		</title>
		<link>https://www.overlawyered.com/2014/10/update-false-accuser-liable-school-district-brian-banks-case/comment-page-1/#comment-307885</link>

		<dc:creator><![CDATA[Boblipton]]></dc:creator>
		<pubDate>Tue, 14 Oct 2014 22:01:46 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=48790#comment-307885</guid>

					<description><![CDATA[Well, Hugo, let us assume that Mr. Banks feels he has been wronged.  He seeks recompense.  Whom should he sue?

Ms. Gibson seems to have committed perjury. Should we pat her on the head and send her on her way?

I understand your point about not wishing to discourage earnest recantation.  Your solution does not seem satisfactory to me.

Others who agree with Hugo, feel free to defend your position.

Bob]]></description>
			<content:encoded><![CDATA[<p>Well, Hugo, let us assume that Mr. Banks feels he has been wronged.  He seeks recompense.  Whom should he sue?</p>
<p>Ms. Gibson seems to have committed perjury. Should we pat her on the head and send her on her way?</p>
<p>I understand your point about not wishing to discourage earnest recantation.  Your solution does not seem satisfactory to me.</p>
<p>Others who agree with Hugo, feel free to defend your position.</p>
<p>Bob</p>
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		<title>
		By: Ron Miller		</title>
		<link>https://www.overlawyered.com/2014/10/update-false-accuser-liable-school-district-brian-banks-case/comment-page-1/#comment-307879</link>

		<dc:creator><![CDATA[Ron Miller]]></dc:creator>
		<pubDate>Tue, 14 Oct 2014 21:18:52 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=48790#comment-307879</guid>

					<description><![CDATA[50% huh?  

Unreal.]]></description>
			<content:encoded><![CDATA[<p>50% huh?  </p>
<p>Unreal.</p>
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		<title>
		By: Walter Olson		</title>
		<link>https://www.overlawyered.com/2014/10/update-false-accuser-liable-school-district-brian-banks-case/comment-page-1/#comment-307875</link>

		<dc:creator><![CDATA[Walter Olson]]></dc:creator>
		<pubDate>Tue, 14 Oct 2014 20:59:44 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=48790#comment-307875</guid>

					<description><![CDATA[If our own Hugo S. Cunningham is &quot;on the extreme left,&quot; count me surprised.]]></description>
			<content:encoded><![CDATA[<p>If our own Hugo S. Cunningham is &#8220;on the extreme left,&#8221; count me surprised.</p>
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		<title>
		By: Robert		</title>
		<link>https://www.overlawyered.com/2014/10/update-false-accuser-liable-school-district-brian-banks-case/comment-page-1/#comment-307819</link>

		<dc:creator><![CDATA[Robert]]></dc:creator>
		<pubDate>Tue, 14 Oct 2014 15:38:28 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=48790#comment-307819</guid>

					<description><![CDATA[Many on the extreme left, including our own Hugo S. Cunningham, oppose punishing those who make false rape accusations--which is most likely about 50% of all non-stranger rape accusations that don&#039;t have physical evidence of trauma--under the perverted theory that it will discourage the &quot;real victims&quot; from coming forward.]]></description>
			<content:encoded><![CDATA[<p>Many on the extreme left, including our own Hugo S. Cunningham, oppose punishing those who make false rape accusations&#8211;which is most likely about 50% of all non-stranger rape accusations that don&#8217;t have physical evidence of trauma&#8211;under the perverted theory that it will discourage the &#8220;real victims&#8221; from coming forward.</p>
]]></content:encoded>
		
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		<title>
		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2014/10/update-false-accuser-liable-school-district-brian-banks-case/comment-page-1/#comment-307544</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Mon, 13 Oct 2014 12:27:45 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=48790#comment-307544</guid>

					<description><![CDATA[@cgage--
If you lived in Massachusetts, where prosecutors and quack therapists still brazen out the infamous Fells Acres and Bernard Baran day care cases thirty years later, you would have a different perspective   One of these vile creatures even hopes to be elected governor next month.

I support the restitution claim against Wanetta Gibson and her mother. But save the prison for those whose lies are exposed by others.

Although I do not know the details of the case, perhaps indemnification should also be pursued against a DA&#039;s office that should have known better even before the recantation.]]></description>
			<content:encoded><![CDATA[<p>@cgage&#8211;<br />
If you lived in Massachusetts, where prosecutors and quack therapists still brazen out the infamous Fells Acres and Bernard Baran day care cases thirty years later, you would have a different perspective   One of these vile creatures even hopes to be elected governor next month.</p>
<p>I support the restitution claim against Wanetta Gibson and her mother. But save the prison for those whose lies are exposed by others.</p>
<p>Although I do not know the details of the case, perhaps indemnification should also be pursued against a DA&#8217;s office that should have known better even before the recantation.</p>
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		<title>
		By: Bill H		</title>
		<link>https://www.overlawyered.com/2014/10/update-false-accuser-liable-school-district-brian-banks-case/comment-page-1/#comment-307528</link>

		<dc:creator><![CDATA[Bill H]]></dc:creator>
		<pubDate>Mon, 13 Oct 2014 11:12:47 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=48790#comment-307528</guid>

					<description><![CDATA[I oppose “making an example of her,” because it was her vestige of a conscience that unraveled the lie and got (belated) vindication for an innocent man. I would not want to send a message that society supports those who brazen it out, but punishes recanters without mercy.

That&#039;s OK, Hugo. I oppose someone losing everything and spending time in prison because of a false accusation. I see you&#039;re all about mercy. What about some mercy for Brian Banks? What about how he&#039;s suffered? As the old question goes, where does he go to get his reputation back? Do you even give a damn?]]></description>
			<content:encoded><![CDATA[<p>I oppose “making an example of her,” because it was her vestige of a conscience that unraveled the lie and got (belated) vindication for an innocent man. I would not want to send a message that society supports those who brazen it out, but punishes recanters without mercy.</p>
<p>That&#8217;s OK, Hugo. I oppose someone losing everything and spending time in prison because of a false accusation. I see you&#8217;re all about mercy. What about some mercy for Brian Banks? What about how he&#8217;s suffered? As the old question goes, where does he go to get his reputation back? Do you even give a damn?</p>
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		<title>
		By: Cgage		</title>
		<link>https://www.overlawyered.com/2014/10/update-false-accuser-liable-school-district-brian-banks-case/comment-page-1/#comment-307519</link>

		<dc:creator><![CDATA[Cgage]]></dc:creator>
		<pubDate>Mon, 13 Oct 2014 10:31:29 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=48790#comment-307519</guid>

					<description><![CDATA[Sorry. Recanting after your victim spends 5 years behind bars does not qualify as even a vestigial conscience.]]></description>
			<content:encoded><![CDATA[<p>Sorry. Recanting after your victim spends 5 years behind bars does not qualify as even a vestigial conscience.</p>
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