Chris - The Legal Issues - A Prosecutor's Perspective

[Vaclav]

It’s always a gamble for the defence. Some jurymenbers will see the fact that a defendant doesn’t testifies as a sign of guilt, despite what the judge says.

You think it's a good idea for defendants to testify sometimes? Everything I've heard on the topic indicates that a criminal defendant should almost never testify, that there are only extremely rare situations where it's a good idea.

 

[obsdj]

[...]

I have a 29-inch monitor and I still had to hit PgDn twice on this.

 

[Tikbalang]

Will the trial be televised?

 

[ForgedBlades]

Will the trial be televised?

Highly, highly unlikely.

 

[ScaliasGhost]

Will the trial be televised?

If there is a trial, big if, it will be open to the public in person but it is extremely unlikely it will be televised.

 

[Serf 'n' TERF]

I've seen a couple of mentions of Chris's gender identity perhaps becoming a legal hurdle in making the incest charges stick.

Apparently, the state of Virginia doesn't recognise Mother/Daughter relationships as incest, so it's not illegal. Barb's mental state being an unknown as of right now, we don't know if this was consensual or if she is able to consent. The only thing we know for sure is Chris broke the EPO.

Would something like this require a Supreme Court ruling to decide if gender and biological sex can be considered legally distinct, or could a Judge just say "Fuck it" and set the precedent themselves?

I'm fairly sure that the whole premise surrounding incest being illegal is more-so to stop inbreeding that results in birthing children with health defects and complications, rather than the social repercussions.

Chris and Barb can't be judged as a Mother/Daughter incest relationship because Chris has a penis which ejaculates semen. Barb getting pregnant would be highly improbable, but not exactly impossible so I think that this would still be regarded as Mother/Son.

 

[Mason Verger]

Barb getting pregnant would be highly improbable, but not exactly impossible

She’s nearly 80. It’s impossible.

 

[Serf 'n' TERF]

She’s nearly 80. It’s impossible.

Maybe I'm doing CWC a disservice and he used protection anyway.

 

[ForgedBlades]

Maybe I'm doing CWC a disservice and he used protection anyway.

He claimed in the call he did.

 

[Fapcop]

You think it's a good idea for defendants to testify sometimes? Everything I've heard on the topic indicates that a criminal defendant should almost never testify, that there are only extremely rare situations where it's a good idea.

Depends on a lot of things: Thr jury. The defendant. The case.

But yeah, there are plenty of cases where you’d want a defendant to testify.

For example if the factual disputes are in question.

Let’s assume you got charged with assault but the facts aren’t clear and the defense argues that you acted in self defense.

This would be a good example of a case where you’d want the defendant to testify.

 

[Serf 'n' TERF]

Depends on a lot of things: Thr jury. The defendant. The case.

I am not American so could be wrong. But I have heard that most trials there don't even have a jury by default and that they have to be requested by the defendant, otherwise it's just the judge who makes the call.

If that's true, then maybe it would be in Chris' best interests if he didn't have one.

 

[Mason Verger]

Maybe I'm doing CWC a disservice and he used protection anyway.

To be fair, sonichus are hatched from eggs anyway.

 

[Gold Star Commissar]

I am not American so could be wrong. But I have heard that most trials there don't even have a jury by default and that they have to be requested by the defendant, otherwise it's just the judge who makes the call.

If that's true, then maybe it would be in Chris' best interests if he didn't have one.

Chris should be actively looking to avoid a jury trial or any trial for that matter by any means possible. He’s a living, breathing embodiment of the benefits of taking a plea deal.

 

[ForgedBlades]

I am not American so could be wrong. But I have heard that most trials there don't even have a jury by default and that they have to be requested by the defendant, otherwise it's just the judge who makes the call.

If that's true, then maybe it would be in Chris' best interests if he didn't have one.

You can request a bench trial, which is basically just a normal trial except the judge is the only one who determines guilt. I think it's viewed as more of a gamble in most cases because you have to only convince one person that the defendant is guilty instead of twelve. Jury trial is the default option though.

 

[Mason Verger]

Chris should be actively looking to avoid a jury trial or any trial for that matter by any means possible. He’s a living, breathing embodiment of the benefits of taking a plea deal.

If it was West Virginia I might roll my dice on a jury verdict for an incest trial.

 

[Calamari Cock Ring]

Maybe he's proud

Horrifying to consider but seeing as how he's got this sort of smug, self-satisfied smile in every mugshot I've seen thus far, I really do have to wonder. I think I'd almost prefer it was a result of his delusions about the Merge or his ego ballooning out of control, that would at least be less skin-crawling to contemplate.

 

[AnOminous]

I've said it, and others here as well, but the path to a NGRI success is a narrow path to victory in the most ideal of circumstances which this isn't.

I don't think he gets off entirely with such a defense but he probably has a diminished capacity mitigation defense. How much that will help him, I can't predict, but I don't see him avoiding incarceration or institutionaliztion for some period of time.

 

[Fapcop]

I am not American so could be wrong. But I have heard that most trials there don't even have a jury by default and that they have to be requested by the defendant, otherwise it's just the judge who makes the call.

If that's true, then maybe it would be in Chris' best interests if he didn't have one.

Most criminal cases never make it to trial (whether by judge or jury), that’s true, but are plea bargained out.

To increase the chances of this happening, prosecutors often overcharge.


Let’s suppose you got arrested with some baggies of heroin. The prosecutor charges you with possession AND intent to sell, which carries a much higher penalty.

But hey! The nice prosecutor is willing to offer you a deal! Plead guilty to possession and serve 3 months plus two years of probation.

You’re going to take that deal? Or go to trial charged with the whole shebang and risk 5 years behind bars?

So most people plead out. It’s fucked, but it’s what happens when the legal system is as stressed as it is.


But there’s of course no guarantee this is what happens with Chris. Whether OPL will get a deal or not depends on a whole bunch of factors.

 

[Hot Dog]

@Alexander Hamilton Thank you for making this thread and providing a place where you and others who understand law can speak freely instead of spouting nonsense or baseless conjecture like in the other threads. It is very informative and refreshing.

 

[King Kiwi]

Barb and Chris spent virtually everything Bob left them on Chris's last lawyer. The lawyer was competent, and a core strategy was hiding Chris from anything he could potentially have a hand in.

Yes but his mother can't protect him anymore...

The most she could probably do is take her index finger and run it over her lips going "blebbleblebblebleb"