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Posts Tagged ‘legal process’

       A week ago we were all horrified to learn of a young 22 year old man who was stabbed to death while he slept on a greyhoud bus that was traveling through Canada.  This young man did nothing wrong and yet, he was vicously stabbed over and over again; and then, sorry for having to say this…was beheaded by his attacker.  The attacker, Vince Weiguang Li, then ate parts of the body.  That is a violation of mind, body and spirit and is hard to understand how someone could act so normal and be so unbalanced.

         As all of this was happening, the other bus occupants left the bus for their safety.  An officer reported seeing some of the horrifying actions of Vince Li.  He was arrested and has gone before a judge who asked him if he wanted a lawyer.  He supposedly shook his head and said, “Please Kill Me”.

          Killing him would be all too easy.  Yes, I am sure there are many who wish that to be his punnishment.  Even if that is the end result, it is not going to be that easy.  There will be a process for Li that takes time.  You don’t request death and it is done instantly through legal proceedings.  It is not going to be that easy for Li.  He will have a long time to relive the horror that he perpetrated.  Over and over again, he will be tortured by memories of what he did.  (more…)

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         A new way of collecting physical evidence in rape cases is making news.  It seems that many rape victims are leaving the medical setting; rather than, face another trauma of talking to; or, being interviewed by police after being raped.  They are too frightened in some cases of dealing with the police; some are fearful of talking to police for a variety of reasons such as possible drug/alcohol use at the time of the attack.  Many victims are worried about revenge violence for reporting the assault.  Some of the victims are young and don’t want their friends/parents/or significant other to find out.  Some rape victims just can’t deal with one more thing, that is out of their own personal control.

           So, the newly titled, Jane Doe rape kits are being offered; the evidence is collected by a specially trained nurse/doctor; and no name is put on the sealed envelopes…only an identifying number.  This way, when and if, the victim is ready to file a police report the evidence is still available.

           States are going to be required to offer the Jane Doe kits starting in 2009.  The kits are expensive; about $800.00.   It will be left up to the states which locations will have the kits available.  This way of collecting evidence just may improve the reporting of rape crimes.  In 2006, before the Jane Doe kits have become more commonly, available…it has been estimated that less than half of all rapes have been reported.  That also means that victims who may have been exposed to Sexually Transmitted Diseases aren’t being tested or treated.  Pregnancies can occur if too much time passes without medical care and of course, unless they seek it out, oftentimes, counseling or support services aren’t offered because the medical/legal profession would not be notified of the attack.  The Jane Doe kits have some definate positives…but what about other issues?

          Some of my questions would be…how long does the evidence, kept in storage, last?  How long would a victim have, before that evidence was no longer viable? The physical evidence and the photo’s collected at the time, in the Jane Doe kits, would still be helpful…but, what about a victim’s documented memories? 

         Would a legal team be able to tear apart a victims testimony in court; if, some extended time passed before a police report was made and documented?  Would their testimony of events be questioned due to a time lapse between the actual rape, identification and prosecution of a suspect?   Could the questioning of a victim’s memories of the rape be called into question; giving the legal representatives an edge in getting the charges of the suspect dismissed?  These are all important questions, as it would be horrible to go through such an experience; only to have it all dismissed, after summoning up the courage to actually file a report and go through the legal process.

         What do you think about the Jane Doe kits for rape victims?  Do you feel they will be helpful or harmful to prosecuting a case against a suspect? 

        

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