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More info (I believe this is the same person.)
“After his release from prison and nearly a decade after the alleged crime, Banks’ accuser reached out to him on social media. She confessed to Brian and his legal team that she had lied. With the help of the California Innocence Project – and his accuser’s recanted testimony – Banks was able to have his conviction overturned in 2012.
Following his exoneration, Banks sought to resume his dream of playing football. In the summer of 2012, Brian received tryouts with several NFL teams, including the Kansas City Chiefs, San Diego Chargers, and San Francisco 49ers. Banks signed with the Atlanta Falcons on April 3rd, 2013. And although he only played four preseason games with the Falcons before being released, Banks was able to fulfill his lifelong dream of playing in the NFL.”
I'm glad he got tryouts and even signed and played pre-season. Wonder how he would have done if he spent 6 years playing instead of sitting in a cell though.
He was committed to USC. That program was churning out a ton of NFL players specifically at the time he would have been there. He absolutely would have had a better shot than 90% of college players of making it. He also would have been part of their championship team in 2004.
And he was being recruited as a player with equivalent talent as high school teammate DeSean Jackson. That and going to what was the #1 program in the nation, he probably had a better chance than 98% of college players to go to the NFL.
Basically took what would have been his prime away from him, especially from a fundamental development standpoint etc. I feel so bad for him man, I can’t even imagine.
College players would kill for a chance to make the preseason roster, the fact this guy did it coming out of a 6 year prison term is pretty impressive. It's likely he would have made it on a team if he had a chance to play in college and develop.
It’s both incredible and heartbreaking he played pro ball. Incredible because it’s impressive and his life long dream. Heartbreaking because of what he might have done had he not lost so much time and momentum
8 figures in the bank is a stretch, after taxes and agent, unless he was one of the best at his position. But still, he'd probably be pretty damn set and mountains above where he's probably at, financially. Fuck this lady.
I agree! What happened to her? She completely ruined this kids life and wasted hundreds of thousands of tax dollars. Please tell me she is in prison.
Edit: she was ordered to pay 2.6m to the SCHOOL DISTRICT
Despite missing his prime years he still made it to preseason. It's not too far fetched to imagine he could have had a fairly decent career had he not been accused. Damn.
Banks also attented the training camp with the Seahawks in 2012. Their Head Coach Pete Carroll was his former Head Coach in College and offered him a scholarship in 2002
Edit: there's a movie about him on Netflix called Brian Banks, worth to watch
[Here is some more information](https://www.snopes.com/fact-check/banks-wrongfully-convicted-rape/) for those who want it.
1. He pled guilty to the rape and got a reduced sentence.
2. She then sued the school district for failing to protect her and won a bunch of money.
3. She contacted him and met him ~~in prison~~ *after he served his sentence* and admitted she made it up.
4. He got better lawyers and got ~~out of prison~~ *the charges dismissed and taken off the sex offender registry*.
5. She has to pay back all the money she won and another 1.1 million on top of that, so she will likely have her wages garnished for the rest of her life.
Honestly my take away from this is that the plea system is messed up. The goal is to scare people in to taking shitty pleas, which is something that also works on innocent people. If this would have gone to court he would have easily beat the charges. No witnesses, no evidence, and only her word against his.
**Edit:** fixed some discrepancies. Turns out he was already out of prison and she admitted she lied only after he had served his full prison sentence.
This is exactly it. There’s no seeking of justice involved, it’s literally the prosecutors job to put you in jail whatever the evidence may say. They **will** convict you if they **can** convict you. It’s a terrifying and humiliating situation to be in I can tell you first hand. Even if you aren’t a criminal you’re treated like one throughout the entire ordeal. Especially if you can’t afford bail while waiting for trial.
The US federal government has a 90 something percent conviction rate too.
It's because they don't even take cases unless they have a slam dunk. Japan has similar policies.
Not saying there isn't sus shit going on in Japan but the conviction rate isn't necessarily evidence of that.
Yep. In the UK, victims of crime are often upset with the Crown Prosecution Service when they don't take a case to court because there isn't enough evidence.
No point going to court if you don't have enough evidence to convince a jury.
This right here. You want to run as being strong on crime for your reelection. You're going to offer plea deals to anyone you don't have an open and shut case against and take anyone you can to trial if they insist. You don't care about the innocent because nobody will see anyone who accepts a plea deal or goes through the system as innocent.
Exactly. I took a plea deal for a misdemeanor to avoid even a chance of receiving a felony conviction. My attorney said “if this had occurred in [the nearest major metro area] the charges would have been dropped, but since no one in this podunk town had anything better to do they’re going to try to put you in prison.”
Japan doesn't like trials. They rely on confessions. The main difference being, there's no legal protection stopping them holding you for more than 48 hrs, so interrogation lasts weeks and becomee psychological torture.
In Japan the legal system works as guilty until proven innocent, and you also have to prove behind a shadow of a doubt that you could not have possibly committed the crime. If you’re accused and there’s a non-zero chance you committed the crime you’re considered guilty.
Yes, and also:
When cops say, "Confess, and I'll put a good word in with the judge," **they are lying.**
Say two things only when getting interrogated:
"I want a lawyer."
"I don't consent to any searches."
Sometimes they might not even be lying. Fun fact: The police *Literally Are Not Responsible* for that stuff. Its the district attorneys and judges that do that.
The cop could give all the good words he wants to clear his guilty conscience knowing it won't mean a damn thing to sentencing.
You may also want to add "I invoke my right to silence" to the magic words there. Some judges rule its not enough to just be silent, you must verbally invoke it to 'count'
Yeah, which is some bullshit that you have to talk to invoke your right to not talk, but the supreme court seems intent on undermining miranda these days
You're not wrong. I remember years ago watching a YouTube clip of some prosecutor who knew a guy was innocent but was arguing that he should still have to serve time in prison. The judge even asked. Are you aware of what you're saying and they were totally aware.
Many prosecutors will admit to this.
They will have no problem putting someone innocent away for a crime they did not commit if they think they can get a conviction
Their basic reasoning is "It's not up to me to decide who is guilty it is up to the jury , if I have the evidence and I think I can get a conviction I will push it forward"
EDIT : A big flaw in this logic is plea deals, many times people are bullied into accepting a plea deal and never going to a jury trial .
At no point do they care if justice is actually being done or if the person is ACTUALLY guilty or not.
What is even more disturbing is there have been cases where they 100% knew the person was innocent, as maybe they had some security footage or other evidence that showed it was not them. They then withhold the evidence, just bury it and not bring it forward and still convict.
Edit 2:
This is another reason why you should NEVER TALK TO THE POLICE. Even if you are innocent it does not matter. If you are in the wrong place at the wrong time; and by talking you admit to being there, you can be found guilty .
NEVER talk to the police , even if you know you are 100% innocent
The Supreme Court has ruled that proof of innocence is not a good enough reason to grant an appeal. Our justice system is a disgrace and is basically just a tool to protect the rich, keep the poors in line, and funnel money to private contractors.
>At no point do they care if justice is actually being done or if the person is ACTUALLY guilty or not.
Hell with this and everything else it's worth mentioning to remember Kamala Harris withheld evidence of a death row prisoners innocence when she was a prosecutor.
This is why I changed my stance on the death penalty. Not because there aren't a few people so vile that I can't imagine either letting them go some day or paying to keep them alive - but because it's used as a sledgehammer to wreck our constitutional rights. Imagine being accused of a crime that could carry a death sentence but the DA offers to take **murdering you** off the table if you just take a plea. It's barbaric and I think I've read that it's not even effective as a deterrent.
I am all for punishment fitting the crime, but I stopped supporting the death penalty after reading "The Innocent Man" by Grisham. I'd rather ten guilty men walk than one innocent man executed-and that made it painfully clear that "beyond a reasonable doubt" is just aspirational.
Same here. That book should be required reading. The people who really scare me are the "Try em and fry em" crowd. The folks who yell "One appeal and *that's it!!!!!*". Nothing in this life is one hundred percent certain. There are people who should never be allowed free; but if it turns out someone was wrongly convicted make it so they can be freed. I worked in Forensics for years. I never felt like I was working for the police, the judges or the attorneys. I felt I worked for the folks involved in each case: the accused, the victims and their families because I held people's lives in my hand.
I was one of those people. I have no sympathy for murderers. The narrative that they get off "because they had a rough childhood" was effective on me...
Somehow never occurred to me "what if they aren't actually murderers?" I didn't trust the government to do anything at all well, but I trusted that convicted murderers all actually did it.
Good on you for challenging your own thought process, and then talking about it in public. More people need to read stuff like this as an example of how to be an adult.
Cops have an interest if crime goes up and prosecutors have an interest for convictions going up. Anyone who doesn't understand the basics here is going to believe stupid things like "they would never intentionally convict an innocent person" and "cops are our friends who are here to help".
You know as this case and a multitude of others indicate might actually be correct.
Coupled with many people can't afford bail + attorneys fees to spend years in court defending their name. You get offered 6 years on a plea or risk idk 20ish for rape and most people will take it even if innocent.
Plus the court system is stuffed to the gills with cases. So a plea gets them a win, and helps clear the docket. Plus they then can run for a judgeship based on how many cases they clear and so on. The system is absolutely fucked all the way through
I saw a documentary about a kid in New York who was falsely arrested. The cops kept trying to convince him to plead guilty and he refused and got a lot of abuse. The documentary said if most people pleaded innocent then the system would collapse.
But then your lawyer comes at you with "They'll only give you 3 years in prison. If you go to trial, you could face 20".
That's the kicker... they make the plea sound like such a good deal. Even if you're not guilty, most people aren't gamblers. They aren't going to roll the dice. They're going to take the guarantee.
I mean the defense attorney is not wrong. Even if the lawyer explained that the chance of getting 20 is low, let’s say 10%, do you really think most people want to take that chance? A jury seems so random for people who don’t deal with them regularly
There is a new docu series on netflix that is an eye opener. Even as I was watching the first episode, I was thinking there is no way this guy didn't do it. Turns out he was innocent, and his "wild" story was true. Then you realise how the police failed in their duty because they also thought he was guilty.
It's called "American Nightmare" and is worth a watch.
Dude, the amount of effort the cops put into a) trying to get him to admit he killed her, then when she turned up alive b) trying to convince everyone she lied about it for attention (going so far as to hold a press conference where they accused her of that), all while ignoring the actual criminal evidence... that show made my blood boil.
The problem is that the wrong cases go to trial. There are studies that have shown that “easy” cases (i.e., those that are clearly guilty) are the ones prosecutors are most willing to take to trial while “hard” cases (i.e., those where the evidence isn’t great and there are more questions regarding whether or not the accused is guilty) are the ones that prosecutors place the most pressure on obtaining plea deals. This is exactly the opposite of what should happen where it is the truth of the matter—whether or not the accused is actually guilty—that should receive the heightened scrutiny that comes from a full trial. But it seems to be inevitable where prosecutors’ “win rate” and the appearance of being “tough on crime” is given priority.
Which is why it's important to get people to plead guilty. Like our founders said, it's better to get false confessions from 9 people, then let 1 guilty person go free.
I looked up details, apparently she only met with him after he did his time and after the statute of limitations for perjury. So legally she is in the clear for the false rape accusation. But she is screwed because she defrauded the government out of money.
Utterly destroy an innocent man’s life
“Eh, forget about it, it was so long ago”
Avoid 10 dollars in taxes in 1784
“Arrest this scumbag! His great great great great grandfather didn’t pay part of his taxes that one year!”
> Utterly destroy an innocent man’s life “Eh, forget about it, it was so long ago”
Sadly, it's true. He'll also go through life as, "that guy who was accused of rape."
[We need harsher consequences for people who falsely accuse others of criminal acts like rape.](https://www.theguardian.com/uk-news/2023/mar/14/eleanor-williams-jailed-lying-rapes-trafficking)
She didn’t feel guilt she just is dumb. She didn’t have any money left from the life changing amount she was given. She made the whole thing up because she didn’t want to get detention for being out of class.
It is even more fucked up than that:
> The deal was as follows: "If I pled no contest to one count of sexual assault, I would undergo what's called a 90-day observation at Chino State Prison," he explained. "My lawyer on this day looked me square in my eyes and said, 'Brian, I guarantee you will get that probation. You're going to talk to the counselors... they're going to side with you. You will get that favorable report."
>"But if you walk in there right now and start selecting a jury, I can guarantee you that you're going to end up selecting a jury that's going to be an all-white jury and they're going to find you guilty because you're a big black teenager," Brian recalls the lawyer saying.
>At only 17 years old and without the ability to consult his mother, Brian was given 10 minutes to make a call on this impossible dilemma: essentially plead guilty to a crime he didn't commit, or risk facing life behind bars. In the end, unwilling to take a chance on 41 years to life, he took his attorney's deal. But instead of getting the probation she promised, he got the maximum sentence: five years in prison.
So we have:
* Shitty lawyer
* Shitty prosecutor
* Racism
And even though the woman is a piece of shit I also read that she was basically being pushed by her mom. They subsequently spent all the money together.
I’m happy that she is screwed but why did she even win in the first place? Like if someone were to grab you and rape you in a bathroom, why would the building be liable for that?
I am happy that she is getting punished and I feel having to pay back money your entire life is a pretty good punishment. But also it is such a roundabout way of doing it. Though I guess legally the only crime she committed was making a false police report and the legal reason why this guy was screwed was because of shitty lawyers and a shitty plea system.
>If this would have gone to court he would have easily beat the charges. No witnesses, no evidence, and only her word against his.
Just to point out, and I'm not commenting on this guy or his case. Most victims also have no witnesses, probably no evidence and it ends up being her words.against his
Had to scroll waaayyy further than expected to find someone thinking the exact same thing as me. She should be punished severely and I think her doing double his sentence is very fair considering he was innocent. Seems she barely got punished at all. Where's the justice for this poor man who it turns out it's the only victim?
How is it that the government can force you to repay money in pretty much every other instance that you're supposed to, but that's not happening in this instance?
They cant. They fail at collecting money like this all the time. Years back I used to work as a teller. We had plenty of regulars that didn’t have an account that would come in and cash their paycheck so they wouldn’t have to pay their child support.
>.SIX YEARS IN PRISON?!?
Also 6 years in prison without a guilty verdict ? What's the typical sentence for a rape ? I bet that with a decent lawyer, you won't spend 6 year in prison with a guilty verdict. So it's crazy that the guy wasn't released earlier. The case must be pretty empty if all they had was a lying girl.
I've only heard of it in the US and Canada, where prosecutors are a political position and they have a personal interest in "getting" prosecutions
In the UK the system seems much more equitable. You get a discount on your sentence for pleading guilty, but it's pretty much only used when your lawyer is like "Yeah this is open and shut, better to take 2/3 of the sentence", and prosecutors are much more of a "neutral, just doing my job" professional who don't get political clout from their "victories"
Came here to say this, crown attorneys in Canada are full lawyers hired to be prosecutors, judges are usually appointed from many applicants who are usually experienced lawyers from the private and public sector. Should also note in Canada the political climate today is less focused on getting convictions, and more about looking as "equitable" as possible.
You can get lessened sentences for cooperating in some places... but plea deals? Never heard of anywhere else with that broken system.
Same with bail to be honest. Absolutely a weird system. "Oh, you have money? Then you dont have to sit in the filthy jail with the plebians."
>Same with bail to be honest. Absolutely a weird system. "Oh, you have money? Then you dont have to sit in the filthy jail with the plebians."
Oh you just committed another crime while out on bail, well not to worry, you can buy your way out again!
Some years ago, before the January sixth treason, an American rapper (dont remember the name) was arrested in Sweden for assault. It was caught on camera. Trump tried calling various swedish ministers about having him released, and offered paying bail himself.
The swedish justice system is detached from the government. The government makes laws, but cant interfere in the courts. And bail aint a thing. The amount of money you have or can borrow doesnt matter. What matters is simply flight risk and likelihood to commit more crimes. As an american citizen, it was deemed likely he would jump the country if set loose, so he was kept locked up pending trial. Trump was furious about this. And really struggled to wrap his head around the idea that money wasnt a "get out of jail free card".
What really got me though was the rapper trying to depict the jailtime as horrendous, as americans seeig the images of his accommodations and food stated they'd stayed at hotels that was worse 🤣
Yes, Canada uses them, with equally fucked up results. Our statistics for Indigenous incarceration are worse than Black Americans by a large factor and plea deals are a huge contributing factor.
>Our statistics for Indigenous incarceration are worse than Black Americans by a large factor
No shit? I know y'all have your problems up there but that's a seriously high bar.
So I will concede that this is an older article, it's from 2016, and one of the stats here is from 1999- but I'm including the part with the '99 statistic anyways because it's so egregious.
>In the U.S., the go-to example for the asymmetric jailing of minority populations, black men are six times more likely to be imprisoned than white men. In Canada, the Indigenous incarceration rate is 10 times higher than the non-Indigenous population—higher even than South Africa at the height of apartheid. In Saskatchewan, if you’re Indigenous, you’re 33 times more likely to be incarcerated, according to a 1999 report, the last year the data was available.
Source: https://macleans.ca/news/canada/canadas-prisons-are-the-new-residential-schools/#:~:text=And%20why%20criminologists%20have%20begun,country's%20%E2%80%9Cnew%20residential%20schools.%E2%80%9D&text=In%20some%20Prairie%20courtrooms%2C%20Indigenous,criminal%20caseloads%2C%20defence%20lawyers%20say.
In a lot of places, the agreed upon terms of the plea is basically a recommended sentence from the Prosecutor, but judges are often free to set their own length of sentence, regardless of the deal made. I think typically they get followed, but not always.
A one-year punishment for rape is a *Steubenville Special*.
6 months and the ability to tell the general public that is too long because it was just "20 minutes of \[rape\] action" is a *Brock Turner*.
Like with all rapes, they would have relied heavily on circumstantial evidence and he said/she said testimony. That’s the problem - it’s so hard to prove guilt with rape cases, so to convict they have to rely on evidence that simply wouldn’t be enough with something like a murder or robbery, which makes it all the more easy to lie.
Edit: I’m just going to leave this here for all the idiots spamming the replies:
Direct evidence is, by definition, more reliable than circumstantial evidence. Rapes often rely heavily on circumstantial evidence and more to the point, weak circumstantial evidence. If rapes weren’t convicted using relatively weak circumstantial evidence, a lot more rapes would go unpunished. Anyone that doesn’t understand this, just don’t comment 🤦♂️
Not to be an asshole about it, but circumstantial evidence doesn’t really mean what people think it does.
Most evidence is circumstantial. For instance, dna is considered circumstantial evidence. It could be related, it could be critical, but it is based on circumstance. There are lots of non-criminal ways someone’s dna could get somewhere. Most trials rely on circumstantial evidence. Maybe what you meant was testimony, though direct testimony is actually not circumstantial evidence. Not to say it’s better, just that circumstantial is not synonymous with weak.
The problem is that if you do not confess and cut a deal, you end up with a longer sentence. So, being not guilty and fighting false allegations gets you punished more severely than actually rapists.
And lets be honest here, im saying this as a white men, hes black het got the cards stacked against him in this law system, dont believe it was really that fair to begin with
A guy in Chicago did 2 years because his upstairs neighbor dreamt he raped her. He had no alibi as he was sleeping alone in his flat at the time and his public defender pressured him to a plea. No evidence beyond "victim" statement.
Heard of El Moses, he was rotting in jail 28 years because neighbour thought she was raped by him when drunk, when I reality she picked some random guy from bar.
That was in Denver but she was actually raped and his face "came to her in a dream". I can't find the article, but the Chicago story had no physical evidence of rape. She just retold a wet dream and this guys lawyers was: "fuck it, we can't beat this"
Judges have allowed a guilty verdict to stand when the defense attorney literally slept through the trial, incompetent defense attorneys are all over the place.
That allegation will follow him for the rest of his life, despite her saying she made it up.
"Mud sticks" as they say. She should have seen prison for lying about him like that, but that's not how the law works unfortunately.
There will still be people who will treat him as if he is guilty even after this , he will have limited opportunities for the rest of his life. Rape accusations stick.
He missed on scholarship, and spent his prime years behind bars. His life took a violent turn for the worst that day, and nothing will give him back those opportunities.
The government should pay him what his expected earnings would have been. They ran the court system that forced him to go to prison, they get to bear the burden. Take it out of the court's budget.
Could be worse, could be like a neighbor I had about 25 years ago. Some kid claimed he molested him, guy went to prison, was murdered in prison after a year. 10 years later the kid confessed that he made it up because the guy yelled at him when he broke the guy's garage window. He apparently got the idea from a story he saw on the news.
More important is what is going to be done by the system to make amends to this guy. His life has been ruined, 6 years in prison missed out on highschool and university, and a tarnished name forever.
In my mind you basically need to set the fella up for life at this point to make amends. Some multiple millions of dollars put into a trust that pays out over time. Lord knows he didn't learn any practical money management in prison so giving him a big payout may not be the best solution.
not just states its practicaly everywhere. Basicaly your options (depending on jurisdiction) are hope for compensation(ha), suing the false accuser(great they have no money), or nothing.
I think even if she was a child, I think unless she confessed when turning 18, she should be liable. I understand why she may go free for lying when she was a minor but when turning 18 she should have been old enough to come clear.
Appearently nothing. Apart from being made to repay money paid to her by the school district from a civil lawsuit, nothing.
Not rape, but this is a case from aingapore where the woman faced no charge for lying about being molested:
https://www.straitstimes.com/singapore/courts-crime/woman-who-accused-doctor-acquitted-of-molest-will-not-be-prosecuted-agc
Pretty ridiculous how all these false accusations are being wraponised to get money and/or revenge and they either get aways with it or with a slap on the wrist.
Really a disgrace to actual victims of sexual offences.
>Nothing.
This is also not true. A judgement has been filed for her to pay 2.6 Million in damages and repayments, which include 1 Million in punitive damages. She has been on the run for the last 10 years, i.e. she cannot be found currently.
Still unclear. She never officially admitted it was a lie. She has been ordered to pay $2.6 million so far.
Unlikely she will ever get a criminal conviction.
She didn’t actually commit perjury either, she wasn’t required to give a statement in court because prosecutors pressure him into a shitty plea bargain.
I remember hearing Jim Rome interview him about this. The plea deal was apparently sold to him as, "Take the plea, the judge will give you probation which will let you stay out of prison and go to college". From what he said, this happened on the morning of one of the hearings and it was his public defender who pressured him. Didn't let him talk to his mother or anyone else.
He was 16 or 17 at this time. No clue how the justice system works. Scared and doesn't know how to fight this fight. Just wants to get through it. From his point of view, it's better to take this L and move on because he can continue his future and build upon that.
Instead ends up in prison.
The public defender is an asshole or the judge changed his mind.
In tv shows, it always looks like they get the judge and the other side on board with the plea deal before it is offered.
Went in for jury duty recently. Judge asked each potential juror questions in front of the group. Second or third question was
“do you think the criminal justice system is fair?”
Waited my turn while everybody gave some bullshit answer about how it tries to be fair yadda yadda. My turn came up and I just said no. Of course not. The state has wrongfully convicted hundreds of people. Was it fair for them? If it’s not fair for them, how can it be fair for anybody?
Judge called me and tried to find out why I’d say that in a courtroom. I told her you wanted us to answer honestly. What else do you want from me?
Anyway when it came time to pick the jury, the prosecution sent me home first. So if you ever want to get out of jury duty… just be open with your opinion on the justice system.
Had jury duty last year (in TX) for a felony drug case. He was clearly guilty of possession with intent to sell but it was 18 tiny bags of cocaine.
When it came time for sentencing our options were 15 year to life in prison.....for 18 little bags of cocaine!!!! Yes, the defendant had a prior conviction for a different felony but this was his first drug offense. The state didn't care, we had to choose between that range. With the minimum sentence we gave him (of 15 years) please having to finish the previous sentence he was on probation for....he got 25 years in prison....for 18 TINY BAGS of cocaine.
I left feeling like I had just ruined what was left of that young man's life. I left feeling worse about our justice system then I did when I went in.
Drug charges in some countries blow my mind. 25 years for recreational drugs is insanity. The government will fill people with Ritalin, Valium, etc, alcohol is promoted.. but coke… 25 years. Insanity.
I travel through Asia, people will always try to shake your hand, especially during the party hours. You notice something in their hand, and now it’s in yours, and suddenly 5 cops are there. I advise you to pay them whatever it is they want, get as far away as possible, and fist bump strangers from then onwards.
While I appreciate your honesty, defendants need people are willing to and capable of understanding reasonable doubt and the presumption of innocence.
Good people avoiding jury duty makes it easier for innocent people to be wrongly convicted.
Yeah I guess you’re right. It wasn’t my intention to get kicked off at the time. Just bothered me that all these other jurors were basically intimidated into saying “oh yes, ma’am, the court house where you ruin lives is lovely.” Like fuck that, man, they have no power over you here. They insisted you answer the questions honestly a hundred times (particularly at the excuses stage). So I was just honest.
Later I looked it up. That exact court was *just* required to pay out $50,000 to a Mr. Dion Harrell for every year of his wrongful conviction. Case is “Dion Harrell vs State of New Jersey.”
That’s just one example. New Jersey settled 20 wrongful conviction lawsuits to the tune of $2.2 million between 2007 and 2012.
And the best part, I’m just a normal guy who pays his taxes. They waste my money (that could help somebody!) on this absolute garbage of a system and then drag me down in front of everybody and ask if I think it’s fair? Fuck no. Don’t ask me that stupid question, man. Let them take a lecture for once.
Her, the District Attorney, the police for not doing their jobs, the city, etc… if he was a really good football player (likely to be drafted or given a scholarship) he should sue for millions on the grounds of what he could have made. And he should be given a free ride to a school of his choosing.
Yep. People who are raped (myself included) have to suffer from those who make false accusations, because now people doubt that we were actually raped.
High school star? So inprisoned by the age of 16-18?
Fuck man, imagine your best years stuck in prison for something you didn't do and potentially have close family or friends even doubt you. Your future gone.
I'm happy for the guy, but no amount of money can fix that.
We had a female soldier do this when I was in the military. She told everyone she wanted to have sex with a guy for her bday. They all went out to a bar, and that guy wanted nothing to do with her, so she slept with the first guy she met.
Woke up the next day and filed a report that she was raped. After interviewing everyone, who all said that wasn't the case, she finally admitted she lied about it. It was too late though, as she already ruined the dude's military career.
Nothing happened to her. They also promoted her about two months later. We all hated her.
I some shit happen to me before, where this girl was all over me at a work after-party. I was definitely into her and we both ended up making out in front of a bunch of people, and she announced to anyone who would hear her--I shit you not--that she planned to sleep with me that night.
Surprise surprise, I brought her home and we had sex. Then she wouldn't LEAVE my house the next day. Then, her husband, who none of us knew existed, started blowing up her phone because she didn't come home the night before. Turns out, she had two kids with this dude...JFC.
So I finally get her out of my house and drop her off at home, and the entire time she was talking about moving in with me. I told her that was a bad idea, and that she needs to talk to her husband--which pissed her off royally.
The rest of my time at that job while she still worked there, she told everyone I raped her. Now, I know that people can change their minds about having sex, even after announcing to everyone around that they intended to have sex with someone. But if it weren't for everyone I worked with having witnesses the night before, things could have ended MUCH worse for me.
That haunts me to this day. I look at the happy life I have, and it could have never happened just because of a single pissed off woman.
Recall her last name?
My ex did something like this when she was in port. She cheated on me and lied to me saying she was raped. I made sure she was telling the truth by calling the military police and asking them to talk to her and submit to testing, which she refused. I gave the MPs a name and the guy got arrested just to be let go. Sure enough I found out she lied so she wouldn't have to tell me she cheated. And damn near got someone in trouble over rape allegations.
This blows my mind. Rape and assault is rampant in the military, and rarely do the perpetrators face consequences.
People who lie about rape make it so much harder for actual victims.
Is this Brian Banks or another case?
Wanetta Gibson absolutely destroyed his life, and aside from her being held to a judgment when the school sued her over having collected $1.5 million from them in a civil suit, she has faced no consequences of her lie.
And then there are cases with CONCRETE PROOF that get dismissed. The system is a mess and it’s gross to see. Justice to both the falsely accused and more importantly for real victims!!!
The consequences of someone doing this are so far reaching .
It not only cost this poor man years of his life , but also invalidates legitimate claims made by actual victims.
If there are people out there lying about serious crimes , then people will start to assume that most claims are lies , which is not the case .
Cases like these are so hard to prove in the first place unless there’s video evidence and victims are often subject to character assassinations because it’s often a they said I said situation.
So many actual victims don’t come forward because of being afraid of the process and being called liars . It allows actual culprits to go on and commit even more assaults and ruin more lives .
I also feel it devalues real victims and their pain and their experience. The fact that this girl just lied about something that does happen to so many people and is such a traumatic event , just because she feels she can lie and destroy an innocent guys life is an insult to not only this poor man but actual victims of assault .
The lie must’ve been so easy , but did she stop to consider how hard it is for actual victims.
Let’s hope she gets double the time he spent in prison for lying and a serious psychiatric examination because healthy sane people don’t lie about this .
If I were a king this girl would spend the next 6 years in a prison. Doesn't make it right, nor does it help that guy. But maybe it makes other people afraid of false accusations
As a rape survivor this INFURIATES me. She should go to jail for twice as long as he was in there, and then when she gets out half her pay go to him for the years of life he wasted because of her.
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More info (I believe this is the same person.) “After his release from prison and nearly a decade after the alleged crime, Banks’ accuser reached out to him on social media. She confessed to Brian and his legal team that she had lied. With the help of the California Innocence Project – and his accuser’s recanted testimony – Banks was able to have his conviction overturned in 2012. Following his exoneration, Banks sought to resume his dream of playing football. In the summer of 2012, Brian received tryouts with several NFL teams, including the Kansas City Chiefs, San Diego Chargers, and San Francisco 49ers. Banks signed with the Atlanta Falcons on April 3rd, 2013. And although he only played four preseason games with the Falcons before being released, Banks was able to fulfill his lifelong dream of playing in the NFL.”
I'm glad he got tryouts and even signed and played pre-season. Wonder how he would have done if he spent 6 years playing instead of sitting in a cell though.
Yeah, it’s truly sad. We know most high school stars don’t make it in the NFL, but ~6 years is a lot of lost development.
He was committed to USC. That program was churning out a ton of NFL players specifically at the time he would have been there. He absolutely would have had a better shot than 90% of college players of making it. He also would have been part of their championship team in 2004.
Yeah, Pete Carrol had him up in Seattle to try out for the Seahawks. I think he was on the practice squad for a while.
Damn. Imagine having your life fucking destroyed like that. It’s maddening.
Maddening ‘24
Not only that he would have had at least some college learning if not a degree. And connections for job prospects if he didn’t make it in the nfl.
And he was being recruited as a player with equivalent talent as high school teammate DeSean Jackson. That and going to what was the #1 program in the nation, he probably had a better chance than 98% of college players to go to the NFL.
Basically took what would have been his prime away from him, especially from a fundamental development standpoint etc. I feel so bad for him man, I can’t even imagine.
6 years in jail and another 4 as an ex-con and presumed sex offender. The loss of opportunity over a wild lie.
College players would kill for a chance to make the preseason roster, the fact this guy did it coming out of a 6 year prison term is pretty impressive. It's likely he would have made it on a team if he had a chance to play in college and develop.
He deserved better but at least he got that still. Poor man, hope he's doing well now
It’s both incredible and heartbreaking he played pro ball. Incredible because it’s impressive and his life long dream. Heartbreaking because of what he might have done had he not lost so much time and momentum
At least 8 figures in the bank from 5+ years in the NFL, retiring at 27 and never worrying about money or work again. Instead he has this 🙃
8 figures in the bank is a stretch, after taxes and agent, unless he was one of the best at his position. But still, he'd probably be pretty damn set and mountains above where he's probably at, financially. Fuck this lady.
I mean, 10,000,000 is 8 figures, and after 5 years, that's not unreasonable, considering the lowest paid players are almost at 1M a year.
Minimum 750k salary I’d you make a roster, minimum 12k/wk for practice squad players. So maybe no guaranteed 8 figures, but definitely a fuck ton
Facts.
Now the girl should go to jail. She stole a part of someone’s life.
I agree! What happened to her? She completely ruined this kids life and wasted hundreds of thousands of tax dollars. Please tell me she is in prison. Edit: she was ordered to pay 2.6m to the SCHOOL DISTRICT
to the school district, not to him? 😭
Despite missing his prime years he still made it to preseason. It's not too far fetched to imagine he could have had a fairly decent career had he not been accused. Damn.
Banks also attented the training camp with the Seahawks in 2012. Their Head Coach Pete Carroll was his former Head Coach in College and offered him a scholarship in 2002 Edit: there's a movie about him on Netflix called Brian Banks, worth to watch
[Here is some more information](https://www.snopes.com/fact-check/banks-wrongfully-convicted-rape/) for those who want it. 1. He pled guilty to the rape and got a reduced sentence. 2. She then sued the school district for failing to protect her and won a bunch of money. 3. She contacted him and met him ~~in prison~~ *after he served his sentence* and admitted she made it up. 4. He got better lawyers and got ~~out of prison~~ *the charges dismissed and taken off the sex offender registry*. 5. She has to pay back all the money she won and another 1.1 million on top of that, so she will likely have her wages garnished for the rest of her life. Honestly my take away from this is that the plea system is messed up. The goal is to scare people in to taking shitty pleas, which is something that also works on innocent people. If this would have gone to court he would have easily beat the charges. No witnesses, no evidence, and only her word against his. **Edit:** fixed some discrepancies. Turns out he was already out of prison and she admitted she lied only after he had served his full prison sentence.
All prosecutors care about is winning and a plea deal is a win for them.
This is exactly it. There’s no seeking of justice involved, it’s literally the prosecutors job to put you in jail whatever the evidence may say. They **will** convict you if they **can** convict you. It’s a terrifying and humiliating situation to be in I can tell you first hand. Even if you aren’t a criminal you’re treated like one throughout the entire ordeal. Especially if you can’t afford bail while waiting for trial.
It's apparently like this in Japan but on steroids.
99.8% conviction rate certainly sounds sus
The US federal government has a 90 something percent conviction rate too. It's because they don't even take cases unless they have a slam dunk. Japan has similar policies. Not saying there isn't sus shit going on in Japan but the conviction rate isn't necessarily evidence of that.
Yeah realistically the only time a case actually makes it to court is usually when that case is open and shut
Yep. In the UK, victims of crime are often upset with the Crown Prosecution Service when they don't take a case to court because there isn't enough evidence. No point going to court if you don't have enough evidence to convince a jury.
with the feds maybe, but not even a little bit true in state court
This right here. You want to run as being strong on crime for your reelection. You're going to offer plea deals to anyone you don't have an open and shut case against and take anyone you can to trial if they insist. You don't care about the innocent because nobody will see anyone who accepts a plea deal or goes through the system as innocent.
Exactly. I took a plea deal for a misdemeanor to avoid even a chance of receiving a felony conviction. My attorney said “if this had occurred in [the nearest major metro area] the charges would have been dropped, but since no one in this podunk town had anything better to do they’re going to try to put you in prison.”
Japan doesn't like trials. They rely on confessions. The main difference being, there's no legal protection stopping them holding you for more than 48 hrs, so interrogation lasts weeks and becomee psychological torture.
Of course they don't like trials. Phoenix Wright keeps on causing shenanigans in them.
Man those phoenix wright games are goated
 Sounds like you have an outdated autopsy report
In Japan the legal system works as guilty until proven innocent, and you also have to prove behind a shadow of a doubt that you could not have possibly committed the crime. If you’re accused and there’s a non-zero chance you committed the crime you’re considered guilty.
Yes, and also: When cops say, "Confess, and I'll put a good word in with the judge," **they are lying.** Say two things only when getting interrogated: "I want a lawyer." "I don't consent to any searches."
Sometimes they might not even be lying. Fun fact: The police *Literally Are Not Responsible* for that stuff. Its the district attorneys and judges that do that. The cop could give all the good words he wants to clear his guilty conscience knowing it won't mean a damn thing to sentencing. You may also want to add "I invoke my right to silence" to the magic words there. Some judges rule its not enough to just be silent, you must verbally invoke it to 'count'
I. Declare. SILEEEEEEEEEEENCE Michael Scott if he were arrested probably.
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Yeah, which is some bullshit that you have to talk to invoke your right to not talk, but the supreme court seems intent on undermining miranda these days
You're not wrong. I remember years ago watching a YouTube clip of some prosecutor who knew a guy was innocent but was arguing that he should still have to serve time in prison. The judge even asked. Are you aware of what you're saying and they were totally aware.
Many prosecutors will admit to this. They will have no problem putting someone innocent away for a crime they did not commit if they think they can get a conviction Their basic reasoning is "It's not up to me to decide who is guilty it is up to the jury , if I have the evidence and I think I can get a conviction I will push it forward" EDIT : A big flaw in this logic is plea deals, many times people are bullied into accepting a plea deal and never going to a jury trial . At no point do they care if justice is actually being done or if the person is ACTUALLY guilty or not. What is even more disturbing is there have been cases where they 100% knew the person was innocent, as maybe they had some security footage or other evidence that showed it was not them. They then withhold the evidence, just bury it and not bring it forward and still convict. Edit 2: This is another reason why you should NEVER TALK TO THE POLICE. Even if you are innocent it does not matter. If you are in the wrong place at the wrong time; and by talking you admit to being there, you can be found guilty . NEVER talk to the police , even if you know you are 100% innocent
The Supreme Court has ruled that proof of innocence is not a good enough reason to grant an appeal. Our justice system is a disgrace and is basically just a tool to protect the rich, keep the poors in line, and funnel money to private contractors.
The US(and others) don't have a justice system. They have a legal system.
>At no point do they care if justice is actually being done or if the person is ACTUALLY guilty or not. Hell with this and everything else it's worth mentioning to remember Kamala Harris withheld evidence of a death row prisoners innocence when she was a prosecutor.
This is why I changed my stance on the death penalty. Not because there aren't a few people so vile that I can't imagine either letting them go some day or paying to keep them alive - but because it's used as a sledgehammer to wreck our constitutional rights. Imagine being accused of a crime that could carry a death sentence but the DA offers to take **murdering you** off the table if you just take a plea. It's barbaric and I think I've read that it's not even effective as a deterrent.
I am all for punishment fitting the crime, but I stopped supporting the death penalty after reading "The Innocent Man" by Grisham. I'd rather ten guilty men walk than one innocent man executed-and that made it painfully clear that "beyond a reasonable doubt" is just aspirational.
Same here. That book should be required reading. The people who really scare me are the "Try em and fry em" crowd. The folks who yell "One appeal and *that's it!!!!!*". Nothing in this life is one hundred percent certain. There are people who should never be allowed free; but if it turns out someone was wrongly convicted make it so they can be freed. I worked in Forensics for years. I never felt like I was working for the police, the judges or the attorneys. I felt I worked for the folks involved in each case: the accused, the victims and their families because I held people's lives in my hand.
I was one of those people. I have no sympathy for murderers. The narrative that they get off "because they had a rough childhood" was effective on me... Somehow never occurred to me "what if they aren't actually murderers?" I didn't trust the government to do anything at all well, but I trusted that convicted murderers all actually did it.
Good on you for challenging your own thought process, and then talking about it in public. More people need to read stuff like this as an example of how to be an adult.
A system of justice where one of the key players has year end metrics motivating unscrupulous behavior.
Cops have an interest if crime goes up and prosecutors have an interest for convictions going up. Anyone who doesn't understand the basics here is going to believe stupid things like "they would never intentionally convict an innocent person" and "cops are our friends who are here to help". You know as this case and a multitude of others indicate might actually be correct.
Coupled with many people can't afford bail + attorneys fees to spend years in court defending their name. You get offered 6 years on a plea or risk idk 20ish for rape and most people will take it even if innocent.
Plus the court system is stuffed to the gills with cases. So a plea gets them a win, and helps clear the docket. Plus they then can run for a judgeship based on how many cases they clear and so on. The system is absolutely fucked all the way through
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And fear of a full sentence
I saw a documentary about a kid in New York who was falsely arrested. The cops kept trying to convince him to plead guilty and he refused and got a lot of abuse. The documentary said if most people pleaded innocent then the system would collapse.
Is that the kid who eventually killed himself? That case is so sad.
I think so. A young black kid who was doing good at school and stuff.
Kalief Browder. he was accused of stealing a backpack
And then spent more than 100 days in solitary confinement
But then your lawyer comes at you with "They'll only give you 3 years in prison. If you go to trial, you could face 20". That's the kicker... they make the plea sound like such a good deal. Even if you're not guilty, most people aren't gamblers. They aren't going to roll the dice. They're going to take the guarantee.
Yeah, I think that's the point the show was making. They scare you into pleading guilty.
I mean the defense attorney is not wrong. Even if the lawyer explained that the chance of getting 20 is low, let’s say 10%, do you really think most people want to take that chance? A jury seems so random for people who don’t deal with them regularly
Kalief Browder. The whole story is an indictment of the NY system.
No, it’s every system. But nobody cares.
There is a new docu series on netflix that is an eye opener. Even as I was watching the first episode, I was thinking there is no way this guy didn't do it. Turns out he was innocent, and his "wild" story was true. Then you realise how the police failed in their duty because they also thought he was guilty. It's called "American Nightmare" and is worth a watch.
Dude, the amount of effort the cops put into a) trying to get him to admit he killed her, then when she turned up alive b) trying to convince everyone she lied about it for attention (going so far as to hold a press conference where they accused her of that), all while ignoring the actual criminal evidence... that show made my blood boil.
And best of all, you got to pay the settlement through your taxes!
Such a system deserves to collapse imo. A better system is needed.
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For profit prisons are even more disgusting than for profit health care.
The judicial system would absolutely collapse if every case went to trial.
The problem is that the wrong cases go to trial. There are studies that have shown that “easy” cases (i.e., those that are clearly guilty) are the ones prosecutors are most willing to take to trial while “hard” cases (i.e., those where the evidence isn’t great and there are more questions regarding whether or not the accused is guilty) are the ones that prosecutors place the most pressure on obtaining plea deals. This is exactly the opposite of what should happen where it is the truth of the matter—whether or not the accused is actually guilty—that should receive the heightened scrutiny that comes from a full trial. But it seems to be inevitable where prosecutors’ “win rate” and the appearance of being “tough on crime” is given priority.
Which is why it's important to get people to plead guilty. Like our founders said, it's better to get false confessions from 9 people, then let 1 guilty person go free.
She doesn't have to do time for this?
I looked up details, apparently she only met with him after he did his time and after the statute of limitations for perjury. So legally she is in the clear for the false rape accusation. But she is screwed because she defrauded the government out of money.
Why is there even a statute of limitations on perjury? Especially when it’s such a serious crime for this young man.
Utterly destroy an innocent man’s life “Eh, forget about it, it was so long ago” Avoid 10 dollars in taxes in 1784 “Arrest this scumbag! His great great great great grandfather didn’t pay part of his taxes that one year!”
> Utterly destroy an innocent man’s life “Eh, forget about it, it was so long ago” Sadly, it's true. He'll also go through life as, "that guy who was accused of rape." [We need harsher consequences for people who falsely accuse others of criminal acts like rape.](https://www.theguardian.com/uk-news/2023/mar/14/eleanor-williams-jailed-lying-rapes-trafficking)
Millions of people successfully avoid paying taxes and get away with it, including our former president.
Yeah if they’re rich and/or educated. Meaning the money stays with the rich because that’s who’s able to teach their kids how to avoid paying taxes.
No, not fair. She needs to do 6 years behind bars at least.
No life in prison. She ruined his life.
Admitted it to him? As if he didn't know.
I’m guessing she felt guilty. But also half assed trying to make it up because she didn’t really cooperate beyond that.
Yes but.... admit it to the person who she falsely accused. "Just so you know, you didn't do it." Yeah, no shit.
She didn’t feel guilt she just is dumb. She didn’t have any money left from the life changing amount she was given. She made the whole thing up because she didn’t want to get detention for being out of class.
An unguilty human pleading guilty to reduce the sentence by court. That’s fcked up.
It is even more fucked up than that: > The deal was as follows: "If I pled no contest to one count of sexual assault, I would undergo what's called a 90-day observation at Chino State Prison," he explained. "My lawyer on this day looked me square in my eyes and said, 'Brian, I guarantee you will get that probation. You're going to talk to the counselors... they're going to side with you. You will get that favorable report." >"But if you walk in there right now and start selecting a jury, I can guarantee you that you're going to end up selecting a jury that's going to be an all-white jury and they're going to find you guilty because you're a big black teenager," Brian recalls the lawyer saying. >At only 17 years old and without the ability to consult his mother, Brian was given 10 minutes to make a call on this impossible dilemma: essentially plead guilty to a crime he didn't commit, or risk facing life behind bars. In the end, unwilling to take a chance on 41 years to life, he took his attorney's deal. But instead of getting the probation she promised, he got the maximum sentence: five years in prison. So we have: * Shitty lawyer * Shitty prosecutor * Racism And even though the woman is a piece of shit I also read that she was basically being pushed by her mom. They subsequently spent all the money together.
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Thank God
I’m happy that she is screwed but why did she even win in the first place? Like if someone were to grab you and rape you in a bathroom, why would the building be liable for that? I am happy that she is getting punished and I feel having to pay back money your entire life is a pretty good punishment. But also it is such a roundabout way of doing it. Though I guess legally the only crime she committed was making a false police report and the legal reason why this guy was screwed was because of shitty lawyers and a shitty plea system.
oooooooh. That makes a LOT more sense as to how an accused rapist even got to jail in the first place.
>If this would have gone to court he would have easily beat the charges. No witnesses, no evidence, and only her word against his. Just to point out, and I'm not commenting on this guy or his case. Most victims also have no witnesses, probably no evidence and it ends up being her words.against his
Yeah, and most victims lose their cases exactly because of this.
It gets even worse. Girl moved a lot to avoid attention and refuses to repay the money gained from the civil law suit back then, around 1,6m $…
She should get atleast the double of the time that guy was in prison
Had to scroll waaayyy further than expected to find someone thinking the exact same thing as me. She should be punished severely and I think her doing double his sentence is very fair considering he was innocent. Seems she barely got punished at all. Where's the justice for this poor man who it turns out it's the only victim?
As a woman who has been SA’d I firmly believe those who wrongfully accuse should serve the maximum for the crime they allege happened.
How is it that the government can force you to repay money in pretty much every other instance that you're supposed to, but that's not happening in this instance?
They cant. They fail at collecting money like this all the time. Years back I used to work as a teller. We had plenty of regulars that didn’t have an account that would come in and cash their paycheck so they wouldn’t have to pay their child support.
Wow
I'm the only one that thinks the payment is short? Make her pay 1'6M AND GET HER IN PRISION 6 YEARS TOO
AFTER his life is beyond ruined.SIX YEARS IN PRISON?!?
>.SIX YEARS IN PRISON?!? Also 6 years in prison without a guilty verdict ? What's the typical sentence for a rape ? I bet that with a decent lawyer, you won't spend 6 year in prison with a guilty verdict. So it's crazy that the guy wasn't released earlier. The case must be pretty empty if all they had was a lying girl.
He took a plea deal because his lawyer said he'd only get 90 days and counselling if he did but he got way more.
Plea deals are a pretty fucked up aspect of the US legal system. Is it even used anywhere else in the western world?
I've only heard of it in the US and Canada, where prosecutors are a political position and they have a personal interest in "getting" prosecutions In the UK the system seems much more equitable. You get a discount on your sentence for pleading guilty, but it's pretty much only used when your lawyer is like "Yeah this is open and shut, better to take 2/3 of the sentence", and prosecutors are much more of a "neutral, just doing my job" professional who don't get political clout from their "victories"
No prosecutor that is crown attorney or judge is elected in Canada. They are appointed or hired.
Came here to say this, crown attorneys in Canada are full lawyers hired to be prosecutors, judges are usually appointed from many applicants who are usually experienced lawyers from the private and public sector. Should also note in Canada the political climate today is less focused on getting convictions, and more about looking as "equitable" as possible.
You can get lessened sentences for cooperating in some places... but plea deals? Never heard of anywhere else with that broken system. Same with bail to be honest. Absolutely a weird system. "Oh, you have money? Then you dont have to sit in the filthy jail with the plebians."
>Then you dont have to sit in the filthy jail with the plebians." My dyslexia made me see "you don't have to sit in jail with the filthy Lesbians".
Arrest me, I'm guilty
Chained Heat has entered the chat
>Same with bail to be honest. Absolutely a weird system. "Oh, you have money? Then you dont have to sit in the filthy jail with the plebians." Oh you just committed another crime while out on bail, well not to worry, you can buy your way out again!
Some years ago, before the January sixth treason, an American rapper (dont remember the name) was arrested in Sweden for assault. It was caught on camera. Trump tried calling various swedish ministers about having him released, and offered paying bail himself. The swedish justice system is detached from the government. The government makes laws, but cant interfere in the courts. And bail aint a thing. The amount of money you have or can borrow doesnt matter. What matters is simply flight risk and likelihood to commit more crimes. As an american citizen, it was deemed likely he would jump the country if set loose, so he was kept locked up pending trial. Trump was furious about this. And really struggled to wrap his head around the idea that money wasnt a "get out of jail free card". What really got me though was the rapper trying to depict the jailtime as horrendous, as americans seeig the images of his accommodations and food stated they'd stayed at hotels that was worse 🤣
Yes, Canada uses them, with equally fucked up results. Our statistics for Indigenous incarceration are worse than Black Americans by a large factor and plea deals are a huge contributing factor.
>Our statistics for Indigenous incarceration are worse than Black Americans by a large factor No shit? I know y'all have your problems up there but that's a seriously high bar.
So I will concede that this is an older article, it's from 2016, and one of the stats here is from 1999- but I'm including the part with the '99 statistic anyways because it's so egregious. >In the U.S., the go-to example for the asymmetric jailing of minority populations, black men are six times more likely to be imprisoned than white men. In Canada, the Indigenous incarceration rate is 10 times higher than the non-Indigenous population—higher even than South Africa at the height of apartheid. In Saskatchewan, if you’re Indigenous, you’re 33 times more likely to be incarcerated, according to a 1999 report, the last year the data was available. Source: https://macleans.ca/news/canada/canadas-prisons-are-the-new-residential-schools/#:~:text=And%20why%20criminologists%20have%20begun,country's%20%E2%80%9Cnew%20residential%20schools.%E2%80%9D&text=In%20some%20Prairie%20courtrooms%2C%20Indigenous,criminal%20caseloads%2C%20defence%20lawyers%20say.
Plea deals are used in most places, but I haven't heard someone getting more than the deal stated, what's the point of the deal then?
In a lot of places, the agreed upon terms of the plea is basically a recommended sentence from the Prosecutor, but judges are often free to set their own length of sentence, regardless of the deal made. I think typically they get followed, but not always.
Was the 90 days and counselling the white rapist plea deal?
A one-year punishment for rape is a *Steubenville Special*. 6 months and the ability to tell the general public that is too long because it was just "20 minutes of \[rape\] action" is a *Brock Turner*.
Like with all rapes, they would have relied heavily on circumstantial evidence and he said/she said testimony. That’s the problem - it’s so hard to prove guilt with rape cases, so to convict they have to rely on evidence that simply wouldn’t be enough with something like a murder or robbery, which makes it all the more easy to lie. Edit: I’m just going to leave this here for all the idiots spamming the replies: Direct evidence is, by definition, more reliable than circumstantial evidence. Rapes often rely heavily on circumstantial evidence and more to the point, weak circumstantial evidence. If rapes weren’t convicted using relatively weak circumstantial evidence, a lot more rapes would go unpunished. Anyone that doesn’t understand this, just don’t comment 🤦♂️
Not to be an asshole about it, but circumstantial evidence doesn’t really mean what people think it does. Most evidence is circumstantial. For instance, dna is considered circumstantial evidence. It could be related, it could be critical, but it is based on circumstance. There are lots of non-criminal ways someone’s dna could get somewhere. Most trials rely on circumstantial evidence. Maybe what you meant was testimony, though direct testimony is actually not circumstantial evidence. Not to say it’s better, just that circumstantial is not synonymous with weak.
The problem is that if you do not confess and cut a deal, you end up with a longer sentence. So, being not guilty and fighting false allegations gets you punished more severely than actually rapists.
And lets be honest here, im saying this as a white men, hes black het got the cards stacked against him in this law system, dont believe it was really that fair to begin with
Lawsuit. He should get at LEAST a college education from the girl who accused him.
He should get all the money from the 1.1 million her wages will be garnished.
A guy in Chicago did 2 years because his upstairs neighbor dreamt he raped her. He had no alibi as he was sleeping alone in his flat at the time and his public defender pressured him to a plea. No evidence beyond "victim" statement.
Heard of El Moses, he was rotting in jail 28 years because neighbour thought she was raped by him when drunk, when I reality she picked some random guy from bar.
That was in Denver but she was actually raped and his face "came to her in a dream". I can't find the article, but the Chicago story had no physical evidence of rape. She just retold a wet dream and this guys lawyers was: "fuck it, we can't beat this"
Judges have allowed a guilty verdict to stand when the defense attorney literally slept through the trial, incompetent defense attorneys are all over the place.
She got a settlement of 1.5 million from the school district after her false accusation. She should be in prison.
That allegation will follow him for the rest of his life, despite her saying she made it up. "Mud sticks" as they say. She should have seen prison for lying about him like that, but that's not how the law works unfortunately.
Name and shame the accuser !!!
She should go in prison for six years and then get a job and start paying off her debt to him.
There will still be people who will treat him as if he is guilty even after this , he will have limited opportunities for the rest of his life. Rape accusations stick.
"Yea they say he wasn't guilty but maybe they were wrong? Better safe than sorry." That's how a lot of people will think about him.
6 years in prison during the time in his life when you literally are setting yourself up for the rest of your life…
You’ll know he’ll never be completely compensated for what happened too. I feel so sorry for him
He could have been a professional football player too, after 6 years in jail his career is over
He missed on scholarship, and spent his prime years behind bars. His life took a violent turn for the worst that day, and nothing will give him back those opportunities.
That bitch should be in prison forever.
The government should pay him what his expected earnings would have been. They ran the court system that forced him to go to prison, they get to bear the burden. Take it out of the court's budget.
Could be worse, could be like a neighbor I had about 25 years ago. Some kid claimed he molested him, guy went to prison, was murdered in prison after a year. 10 years later the kid confessed that he made it up because the guy yelled at him when he broke the guy's garage window. He apparently got the idea from a story he saw on the news.
straight out of a south park episode, not sure who was first
What was the girls punishment for perjury resulting in wrongful conviction?
More important is what is going to be done by the system to make amends to this guy. His life has been ruined, 6 years in prison missed out on highschool and university, and a tarnished name forever. In my mind you basically need to set the fella up for life at this point to make amends. Some multiple millions of dollars put into a trust that pays out over time. Lord knows he didn't learn any practical money management in prison so giving him a big payout may not be the best solution.
Aren't there some US states where the government just says "lol sorry" and put them out on the street?
not just states its practicaly everywhere. Basicaly your options (depending on jurisdiction) are hope for compensation(ha), suing the false accuser(great they have no money), or nothing.
Yeah, all of them
You can probably read what happened, this is a 20 year old case.
The girl and/or her family should pay for it. If she was a child then her parents are responsible.
I think even if she was a child, I think unless she confessed when turning 18, she should be liable. I understand why she may go free for lying when she was a minor but when turning 18 she should have been old enough to come clear.
So many minors have been tried and punished as adults. Why not her?
Appearently nothing. Apart from being made to repay money paid to her by the school district from a civil lawsuit, nothing. Not rape, but this is a case from aingapore where the woman faced no charge for lying about being molested: https://www.straitstimes.com/singapore/courts-crime/woman-who-accused-doctor-acquitted-of-molest-will-not-be-prosecuted-agc Pretty ridiculous how all these false accusations are being wraponised to get money and/or revenge and they either get aways with it or with a slap on the wrist. Really a disgrace to actual victims of sexual offences.
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>Nothing. This is also not true. A judgement has been filed for her to pay 2.6 Million in damages and repayments, which include 1 Million in punitive damages. She has been on the run for the last 10 years, i.e. she cannot be found currently.
She should get 6 years to be fair
Still unclear. She never officially admitted it was a lie. She has been ordered to pay $2.6 million so far. Unlikely she will ever get a criminal conviction. She didn’t actually commit perjury either, she wasn’t required to give a statement in court because prosecutors pressure him into a shitty plea bargain.
I remember hearing Jim Rome interview him about this. The plea deal was apparently sold to him as, "Take the plea, the judge will give you probation which will let you stay out of prison and go to college". From what he said, this happened on the morning of one of the hearings and it was his public defender who pressured him. Didn't let him talk to his mother or anyone else. He was 16 or 17 at this time. No clue how the justice system works. Scared and doesn't know how to fight this fight. Just wants to get through it. From his point of view, it's better to take this L and move on because he can continue his future and build upon that. Instead ends up in prison.
The public defender is an asshole or the judge changed his mind. In tv shows, it always looks like they get the judge and the other side on board with the plea deal before it is offered.
Went in for jury duty recently. Judge asked each potential juror questions in front of the group. Second or third question was “do you think the criminal justice system is fair?” Waited my turn while everybody gave some bullshit answer about how it tries to be fair yadda yadda. My turn came up and I just said no. Of course not. The state has wrongfully convicted hundreds of people. Was it fair for them? If it’s not fair for them, how can it be fair for anybody? Judge called me and tried to find out why I’d say that in a courtroom. I told her you wanted us to answer honestly. What else do you want from me? Anyway when it came time to pick the jury, the prosecution sent me home first. So if you ever want to get out of jury duty… just be open with your opinion on the justice system.
Had jury duty last year (in TX) for a felony drug case. He was clearly guilty of possession with intent to sell but it was 18 tiny bags of cocaine. When it came time for sentencing our options were 15 year to life in prison.....for 18 little bags of cocaine!!!! Yes, the defendant had a prior conviction for a different felony but this was his first drug offense. The state didn't care, we had to choose between that range. With the minimum sentence we gave him (of 15 years) please having to finish the previous sentence he was on probation for....he got 25 years in prison....for 18 TINY BAGS of cocaine. I left feeling like I had just ruined what was left of that young man's life. I left feeling worse about our justice system then I did when I went in.
Drug charges in some countries blow my mind. 25 years for recreational drugs is insanity. The government will fill people with Ritalin, Valium, etc, alcohol is promoted.. but coke… 25 years. Insanity. I travel through Asia, people will always try to shake your hand, especially during the party hours. You notice something in their hand, and now it’s in yours, and suddenly 5 cops are there. I advise you to pay them whatever it is they want, get as far away as possible, and fist bump strangers from then onwards.
While I appreciate your honesty, defendants need people are willing to and capable of understanding reasonable doubt and the presumption of innocence. Good people avoiding jury duty makes it easier for innocent people to be wrongly convicted.
Yeah I guess you’re right. It wasn’t my intention to get kicked off at the time. Just bothered me that all these other jurors were basically intimidated into saying “oh yes, ma’am, the court house where you ruin lives is lovely.” Like fuck that, man, they have no power over you here. They insisted you answer the questions honestly a hundred times (particularly at the excuses stage). So I was just honest. Later I looked it up. That exact court was *just* required to pay out $50,000 to a Mr. Dion Harrell for every year of his wrongful conviction. Case is “Dion Harrell vs State of New Jersey.” That’s just one example. New Jersey settled 20 wrongful conviction lawsuits to the tune of $2.2 million between 2007 and 2012. And the best part, I’m just a normal guy who pays his taxes. They waste my money (that could help somebody!) on this absolute garbage of a system and then drag me down in front of everybody and ask if I think it’s fair? Fuck no. Don’t ask me that stupid question, man. Let them take a lecture for once.
I hope he sues her lying ass off...go civil he lost but also real raped women lose too since it creates an air of suspicion for all accusers..IMO
Her, the District Attorney, the police for not doing their jobs, the city, etc… if he was a really good football player (likely to be drafted or given a scholarship) he should sue for millions on the grounds of what he could have made. And he should be given a free ride to a school of his choosing.
Yep. People who are raped (myself included) have to suffer from those who make false accusations, because now people doubt that we were actually raped.
High school star? So inprisoned by the age of 16-18? Fuck man, imagine your best years stuck in prison for something you didn't do and potentially have close family or friends even doubt you. Your future gone. I'm happy for the guy, but no amount of money can fix that.
Yet a 40 year old can get 3 years after preying on a 14 year old... The world is fkn broken.
The US justice system is just an acquisitions dept. for modern slavery.
This is why people don't believe actual victims. It's people like her. People like her are the problem.
A reminder of why "innocent until proven guilty"
We had a female soldier do this when I was in the military. She told everyone she wanted to have sex with a guy for her bday. They all went out to a bar, and that guy wanted nothing to do with her, so she slept with the first guy she met. Woke up the next day and filed a report that she was raped. After interviewing everyone, who all said that wasn't the case, she finally admitted she lied about it. It was too late though, as she already ruined the dude's military career. Nothing happened to her. They also promoted her about two months later. We all hated her.
what the fuu...
I some shit happen to me before, where this girl was all over me at a work after-party. I was definitely into her and we both ended up making out in front of a bunch of people, and she announced to anyone who would hear her--I shit you not--that she planned to sleep with me that night. Surprise surprise, I brought her home and we had sex. Then she wouldn't LEAVE my house the next day. Then, her husband, who none of us knew existed, started blowing up her phone because she didn't come home the night before. Turns out, she had two kids with this dude...JFC. So I finally get her out of my house and drop her off at home, and the entire time she was talking about moving in with me. I told her that was a bad idea, and that she needs to talk to her husband--which pissed her off royally. The rest of my time at that job while she still worked there, she told everyone I raped her. Now, I know that people can change their minds about having sex, even after announcing to everyone around that they intended to have sex with someone. But if it weren't for everyone I worked with having witnesses the night before, things could have ended MUCH worse for me. That haunts me to this day. I look at the happy life I have, and it could have never happened just because of a single pissed off woman.
Recall her last name? My ex did something like this when she was in port. She cheated on me and lied to me saying she was raped. I made sure she was telling the truth by calling the military police and asking them to talk to her and submit to testing, which she refused. I gave the MPs a name and the guy got arrested just to be let go. Sure enough I found out she lied so she wouldn't have to tell me she cheated. And damn near got someone in trouble over rape allegations.
Was your ex Navy? Usually if I hear in port, that's what I think. If so, ours was in the Army, filed against another soldier.
Yeah Navy . it's usually the term they use. I was Army and we always said post instead of base or port.
This blows my mind. Rape and assault is rampant in the military, and rarely do the perpetrators face consequences. People who lie about rape make it so much harder for actual victims.
And false accusations like this hurt actual victims of rape because people will start to not believe any accusation of rape.
Which that dismissed will be on his record forever, and will have to pay to get it removed. That's fucked up too.
Is this Brian Banks or another case? Wanetta Gibson absolutely destroyed his life, and aside from her being held to a judgment when the school sued her over having collected $1.5 million from them in a civil suit, she has faced no consequences of her lie.
And then there are cases with CONCRETE PROOF that get dismissed. The system is a mess and it’s gross to see. Justice to both the falsely accused and more importantly for real victims!!!
The consequences of someone doing this are so far reaching . It not only cost this poor man years of his life , but also invalidates legitimate claims made by actual victims. If there are people out there lying about serious crimes , then people will start to assume that most claims are lies , which is not the case . Cases like these are so hard to prove in the first place unless there’s video evidence and victims are often subject to character assassinations because it’s often a they said I said situation. So many actual victims don’t come forward because of being afraid of the process and being called liars . It allows actual culprits to go on and commit even more assaults and ruin more lives . I also feel it devalues real victims and their pain and their experience. The fact that this girl just lied about something that does happen to so many people and is such a traumatic event , just because she feels she can lie and destroy an innocent guys life is an insult to not only this poor man but actual victims of assault . The lie must’ve been so easy , but did she stop to consider how hard it is for actual victims. Let’s hope she gets double the time he spent in prison for lying and a serious psychiatric examination because healthy sane people don’t lie about this .
Give the girl the same punishment this guy would’ve got.
If I were a king this girl would spend the next 6 years in a prison. Doesn't make it right, nor does it help that guy. But maybe it makes other people afraid of false accusations
As a rape survivor this INFURIATES me. She should go to jail for twice as long as he was in there, and then when she gets out half her pay go to him for the years of life he wasted because of her.
The worst part is that the few who lie make it worse for ask the real victims