If you had a time machine???

Discussion in 'Classic Boxing Forum' started by Fergy, Jan 25, 2017.


  1. reznick

    reznick In the 7.2% Full Member

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    When the justice system does something the constitution deems illegal, it doesn't make it legal.

    A police officer arresting a peaceful protestor doesn't make free speech illegal. Constitutional infractions happen all the time. Infractions don't ammend the constitution.

    I think what's happening in those cases is that the judge doesn't care because they deem the offender too dangerous or reprehensible. Kind of like with Johnson. Except in many of those cases I'm sure the judge is in the right.

    Again, the contradictions of the system.
     
  2. McGrain

    McGrain Diamond Dog Staff Member

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    This is incorrect. It is why previous sexually offences that were not sexual offences on a given date are now in your country.
     
  3. reznick

    reznick In the 7.2% Full Member

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    Not sure what you mean here.
     
  4. McGrain

    McGrain Diamond Dog Staff Member

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    Laws are in place now that contradict that article of the constitution. Nobody who is in prison because of them is in prison illegally.
     
  5. reznick

    reznick In the 7.2% Full Member

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    You're making an argument.
    Just like the one a prosecutor or lawyer would use depending on which side you were on.
    For example: http://www.foxnews.com/us/2017/01/13/attorney-dc-sniper-life-sentence-unconstitutional.html
    It's up to a jury or a judge to decide. Human beings. With all their biases, personal experiences and other minutia.

    Also do you know which laws contradict that article of the constitution?
    Because I believe it was the manner in which the prosecution was carried out that falls into question.
    Not the law that was broken.
     
  6. McGrain

    McGrain Diamond Dog Staff Member

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    They seem to be concentrated around sexual abuse and spousal abuse. But again, it's not a matter of arguments it's a matter of how the law is enshrined. If you want to prove that Jack Johnson was held illegally by the US Government you need to show that the law that was introduced was not enforceable for legal reasons.

    If it was not, he committed no crime.

    If it was, it was legal.

    There appears to be nothing unusual about this in US law. This specific entry to the constitution has been contradicted over and over again. All that would make it illegal is if it wasn't contradicted legally in the case of the law under which he was prosecuted.
     
  7. reznick

    reznick In the 7.2% Full Member

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    It's written in the constitution.

    No. His prosecution was illegal for other reasons as well.

    Name one law that contradicts post de facto.
    Congress is prohibited from passing post de facto laws.
    So are states.

    The cases you refer to, the court argues against the post de facto argument by noting that the crime doesn't come with a punishment. In every single one of those cases, the case was not a criminally punishable one.

    Johnsons crime came with a punishment, so none of the super rare outlier examples pertain here.

    100% illegal.
     
  8. McGrain

    McGrain Diamond Dog Staff Member

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    The Adam Walsh Child Protection and Safety Act. This act applies to crimes which were committed before the act came into law. In other words, if you were convicted of an historical sex crime, the Adam Walsh act would be applied, despite the fact that the crime was committed before the act was in place. There appears to have been some hullabaloo specifically because it contradicted post de fact, but it was ruled not to be unconstitutional.

    There are other examples. Most of them feature sex-crimes.

    This is incorrect.

    As a final word on this, I would suggest that you get in touch with those trying to organise Johnson's pardon, because nobody seems to be aware of it. Indeed, despite all the research done in this area, nobody I know of has even mentioned it. This is probably because it was entirely legal.

    If it was illegal, he doesn't need to be pardoned, certainly, having been illegally detained for a crime which he could not be held guilty of in law.

    More, when Jack Johnson was charged with violations of the Mann Act his own defence team did argue that it was unconstitutional - because it interfered with the personal liberties of citizens. Perhaps because it invoked older statutes, almost certainly because it was regarded by the legal profession as being legal. Hard to be sure of course.

    What is certainly true is that the Mann Act was found to be constitutional by the Supreme Court on February 24 1913. That, basically, is the end of the affair. I'm not an expert, but I think that makes the Act, still employed today I believe, in a very different way, entirely legal.
     
  9. reznick

    reznick In the 7.2% Full Member

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    Lol none of those examples come with a punishment. There is no precedent for post de facto with punishment in the history of our country. Johnsons arrest was post de facto and came with a punishment.

    What are you talking about? He could easily been prosecuted illegally and still needs a pardon to clear his record.

    Who's arguing how constitutional the Mann Act is? We're talking about detaining people for commiting a crime they hadn't been passed until after it was committed.

    Do you not understand the difference? It could be the Mann Act or a stop sign. You can't arrest someone after the law goes into effect if the accused did the crime beforehand.
     
  10. FrankinDallas

    FrankinDallas FRANKINAUSTIN

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    Why don't you two make up your own thread on the topic of the Mann Law!

    I'd tell Greb to film a fight or two or three.

    I'd tell Duran he'd better be serious about getting into the ring with Hearns and
    not joke around about it. Maybe even train a few days.
     
    Fergy likes this.
  11. McGrain

    McGrain Diamond Dog Staff Member

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    There's only one example and it certainly does. The public naming of sex offenders is a serious punishment levied against those offenders.

    I'm talking about the fact that a repeal of an illegal prosecution would appear to be considerably easier than the failed pursuit of the Johnson pardon.

    Johnson's lawyers.

    But Johnson was arrested, and prosecuted. His lawyers persued a course of illegality due to constitutional limitations but appear at no time to have pursued the ex post defacto as a reason. As I said, this seems to be because the Mann act invoked existing laws.
     
  12. Reason123

    Reason123 Not here for the science fiction. Full Member

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    I'd go to 1878 and show Sullivan pics of his later life and then tell him to stop drinking and focus on training.
     
  13. reznick

    reznick In the 7.2% Full Member

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    That's completely different than plucking someone off the street and jailing them for eating ice cream before it was banned.

    Do you understand how the legality of post humous appeals work? Are those even a thing? On what basis is it easier than getting a pardon?

    Are you sure they didn't pursue the post de facto route? I bet not? So you're hedging the legality of this case on many flimsy uncertainties.

    You know what's illegal? Imprisoning innocent citizens. Guess what, it happens all the damn time! And using your logic, that fact vindicates the imprisonment. Because "Well it's illegal, but it happens, so it's not illegal. 100% legal!"

    lol, *shrug*
     
  14. McGrain

    McGrain Diamond Dog Staff Member

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    It might be different, unfortunately it doesn't matter even a little bit.

    The Mann act went into affect on July 1 1910.

    Johnson was charged with crimes committed on or around August 10 1910.

    100% legal.
     
  15. HerolGee

    HerolGee Loyal Member banned Full Member

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    take a camera and film the 19th century fights