Inactive Nick Bate / Nickalaus B. Stoutzenberger (Thread 2: THE RECKONING)

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Corn Sake said:
Shouldn't he also be charged for filming and sending that "mud-play" video? It wouldn't surprise me at all that Sick Nick probably got a his kicks from knowing that a woman will be viewing it.
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What could Detective Eyebleach charge him with?
Malicious Mischief?
Littering?
Health code violation?
Unlawful "Discharge"?
 
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tomgirl4life said:
I looked up his PD, he apparently went to Widener Law School. Now, you can argue that a law degree is a law degree, and everyone has to take and pass the same bar exam in whatever state they wish to practice. But like with high school, some schools offer you a better education regardless of whether you pass the graduation test. Schools earn a reputation, and a Harvard diploma inspires much more confidence than one from the University of American Samoa, no disrespect to @Saul Goodman (at least the BB/BCS version).

Widener's Wikipedia page says that it's considered to be a Tier-2 law school, although every other link on Google seems to suggest it's Tier-4. @AnOminous , can you and some of our other lawfags shed some light on what this means?
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My parents are both PA lawfags and know about Widener. The school's bar exam pass rate is pretty low. It makes sense that someone from such a school would become an Amish-country public defender.
 
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Marvin said:
I can't imagine such laws would be constitutional, however I'm sure it's illegal to send things like that to people unsolicited.
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Maybe some penny-ante harassment charge, but why even bother when they've got him on pedo sex crimes.

I wonder if some of our legal experts tell us what we can expect will happen at the 6/16 preliminary hearing.
 
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Ravenor said:
So even without the giant pile of evidence he's prity much screwed?
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That, combined with him using the services of a public defender, looks like he will be pretty much screwed, even in the sentencing. According to this study, 95% of cases with a public defender end with a plea bargain (nationally), likely because the PD has so many cases running concurrently. If it goes to trial, PD's have a measurably less effective percentage of success, and then in the sentencing phase convicts get an average of 3 additional years on their sentence for each charge with the services of a public defender vs private council.

They even took into consideration that clients are more likely to secure private council with more serious charges, so there is less of a pool to work with for the PD. However, the rate of successful defense remained the same.

If Nick was able to see this, my advice would be:

upload_2015-5-16_18-2-17.jpeg
 
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Yeah, found it. The Miller test can be used to determine if speech/expression can be classed as obscenity and prohibited.

The three criteria are:

  1. Whether "the average person, applying contemporary community standards", would find that the work, taken as a whole, appeals to the prurient interest,
  2. Whether the work depicts or describes, in a patently offensive way, sexual conduct or excretory functions specifically defined by applicable state law,
  3. Whether the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.
Point 1 is pretty much a given. On point 2, Nick manages a double-play: his masterpiece combines both sexual conduct and excretory functions. Unfortunately for him, this probably doesn't constitute enough artistic value to swing point 3 his way - even when also including the possible scientific interest in questions like "how can that be so small?" and "was there ever a person more disgusting?"

tl;dr I'm not a lawyer, but I'd bet that Nick's...video creation...would be classified as obscene.
 
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oh this legal stuff gon be good.
i can just imagine it now. you know what would be hilarious? if he decided to defend himself like in phoenix wright. or if in court he actually tried to be like phoenix wright or whatever. im like 80% sure hes played it before, and would likely try to apply capcom logic to real life.
i know he's getting a public attorney anyway but i saw he hadnt requested one originally and this is the first thing i thought of.
 
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tomgirl4life said:
That, combined with him using the services of a public defender, looks like he will be pretty much screwed, even in the sentencing. According to this study, 95% of cases with a public defender end with a plea bargain (nationally), likely because the PD has so many cases running concurrently. If it goes to trial, PD's have a measurably less effective percentage of success, and then in the sentencing phase convicts get an average of 3 additional years on their sentence for each charge with the services of a public defender vs private council.

They even took into consideration that clients are more likely to secure private council with more serious charges, so there is less of a pool to work with for the PD. However, the rate of successful defense remained the same.

If Nick was able to see this, my advice would be:

View attachment 27243
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Damn I haven't read all of that study but that's a shocking statistic, I'm genuinely shocked by that in fact.

Edit to add:

@vitriol Can you chime in on this one mate? Your the only British Legal Kiwi and I hope our system isn't as bad as that.
 
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Courts have the authority to stop someone from defending themselves who had no chance. Since Nick is firmly stuck in his own little pocket dimension of reality, the court can force a PD on him. Also, his aunt probably told him to STFU and listen to his lawyer.
 
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tomgirl4life said:
Widener's Wikipedia page says that it's considered to be a Tier-2 law school, although every other link on Google seems to suggest it's Tier-4. @AnOminous , can you and some of our other lawfags shed some light on what this means?
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U.S. News and World Report's rankings are the ones many take seriously. They're rated RNP in that, which means basically that they don't rank in their top 150. Verdict: TTT (third tier toilet) at most.

I still wouldn't take law school rankings in general seriously at all. Even Harvard graduates some real fucking idiots.

But knowing nothing at all but the law school, this school does not have a particularly good reputation, nor does it rank highly in the law school rankings. I seriously doubt they're second tier, and fourth sounds about right.

DrJonesHat said:
Courts have the authority to stop someone from defending themselves who had no chance. Since Nick is firmly stuck in his own little pocket dimension of reality, the court can force a PD on him. Also, his aunt probably told him to STFU and listen to his lawyer.
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You have to be very out of it to be disqualified from representing yourself, as it is a constitutional right to do so.

Is there any particular reason to think Nick is stupid enough to do this, though? He's getting screwed either way.

Marvin said:
I can't imagine such laws would be constitutional, however I'm sure it's illegal to send things like that to people unsolicited.
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Obscenity is not constitutionally protected. While many overbroad laws have, in fact, been found to be unconstitutional, others have not.

For example, Paul Little (a.k.a. Max Hardcore) was fairly recently successfully prosecuted and imprisoned under federal obscenity laws, and the conviction was upheld on appeal.
 
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GREEDY FIREMAN said:
Because someone has to, and if his lawyer intentionally botches the defense Nick can sue the court, so the PD had better do his best.
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Not only that, but if his PD intentionally screws up, Nick can get a new trial, and there's a not insignificant chance he could walk on the second go around.
 
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