Twoblock,  a pre-sentence report is prepared post-conviction, generally by a probation/parole officer to assist the judge in deciding what a persons sentence might be after and only after they have been found guilty. Pre-sentence reports must be ordered by the court and if a judge ordered a pre-sentence report before an official finding of guilty he would be overturned in a heartbeat.  Based on all sorts of mitigating factors. A convicted person might be sentenced to prison, the county jail, or a probation period and includes besides mitigating factors and sentence recomendations, a short list of conditions that a probaitoner must agree to as a condition of release. for example people found guilty of DUI might be sentences to AA meetings and things like that. The defense has an absolute right to be heard and contest the pre-sentence report before sentence is imposed. A judge is not bound by any recomendation that appears in a pre-sentence report unless the crime results in a mandatory minimum sentence.

If you are familiar with the federal courts you already know how reluctant judges are to make any descision they think might be overturned, mostly I suspect because they hate to look foolish in front of their peers. 

Sancho Panza

Kaisho, You don't have to prove anything here.  But based on the nature of some of the claims you made it was not unreasonable that you were asked to provided some support even if only circumstancial that your claims had some basis in fact. As long as you continue to accuse police officers, prosecutors and judges of committing specific crimes without some offer of proof you may expect your unsupported contention to continue to receive response. 

BTW as long as people are being murdered, and children are being molested or victimized by pornographers and lives are being destroyed by domestic abuse yes IMHO stealing a projector with a possible 4yr penalty is a "Small Fry Felony"

I suspect that if your claims about your case were known by the people you are accusing there is a strong possibility you could be hiring an attorney again. If someone were to perhaps file a slander action against you in order to prevail you might be asked to PROVE the truth of your comments and if you are unable to do so your situation might only get worse not better. 

You say you want to leave this alone and not post anymore but somehow you can't resist the urge to give it one more try.  Like I said Checkers, Marbles, or Mumbelty Peg I am willing and ready. If you want me to leave you alone maybe you should complain to the person whi started this thread and see if he will help you. Maybe you should message the board administrator and see if he concludes that I have violated any of the forum rules. Maybe you should seek a support group to help you let this go. I suggest On and On Anon. 

Sancho Panza

P.S. I also read the information about John Jardine IV. His life was not an easy one and his death was a genuine tragedy. Today the training that officers and EMTs receive in dealing with excited delirium cases would probably have worked just as well with Mr. Jardines violent epileptic episodes and increased the liklihood of him arriving at the hospital alive. I did note that it was a cop who suggested removing the handcuffs in the ambulance and that he was over ruled by the EMTs . The Jardine family did not name a single Police Officer, Attorney, or Judge in their suit. 
S.P

Baldylocks66 wrote on Jan 11^th, 2008 at 1:08am:


Baldy-

Least you be misled, please understand no one here is trying to convince the other person of their correctness.  All the posting here is an attempt to convince the non-posting guests who read this forum daily of their positions.  Typically, the anti-poly crowd uses examples of "failed" polygraphs where the individual was actually telling the truth, (called a false positive) along with questioning the methods and intent of the polygraph community.  

The pro-poly community uses misdirection and unscientific studies, (with a healty dose of techno-babble thrown in for good measure) to try to impress the readers with their scientific methodology to prove the polygraph works, (while at the same time admitting that mistakes occur).  You will notice the vocal polygraphists here avoid the direct questions and try to emotionalize the issues.

For example, Donna Taylor, from the Utah Polygraph Association recently posted that 70% of the police applicants she recently tested "passed" the polygraph, but when asked by me how many of those passed by using countermeasures, she avoided the question, because if she would have answered honestly, she should have to admit that she has no clue is any or all of these 70% successful applicants used countermeasures.  Whew...

nopolycop

My area of law research has been primarily in mining law and secondarily ADA. The ADA came about when my sister was kept overly doped up in a nursing home so as to present no problem and less care to the staff. Half of the patients there was in the same condition.

The mining law activity had nothing to do with employment. Some Due Process cases there but I can't remember them now.

The ADA, however, is loaded with Due Process violations. I remember a U.S. SpCt case "Tennessee v. Lane". Lane is a paraplegic who couldn't get to his court appointment because the courthouse was not wheel chair accessable. Ruling for Lane.

I have no experience in state cases, but I have spent days on end in law libraries researching federal law. From just one case you can grab hundreds of other citings. There are such cases in every Appeals Court District. It is endless and exciting. Although I will probably never be involved in another case, I still occasionally visit the law library just trying keep my mind in as good a shape as the rest of my body. Boy, that's a harder job.

Next week I will check my files and see if I can come with something of interest to you and if I do, I will PM you. Right now I am in the process of refining some placer gold to sell it.

nopolycop

I go to the University Law library because it makes me look intellectual. Ha. Really, I go there because I can have 3 or 4 volumes in front of me at a time for immediate reference. I have laidlaw and most of the other links including all Appeal courts and the U.S. Supct. BTW - I see a lot of full fledge lawyers there doing the same thing that I am doing and have had some interesting conversation with them which I also consider reasearch. Have gained a lot of courtroom jurisprudence knowledge from them. However, a few have been extremely arrogant.