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Live Blogs From the Hans Reiser Trial

whoever57 writes "The Hans Reiser trial has been underway for some time now, the prosecution is moving towards the end of its case. For those interested, not only in the outcome of the trial, but a detailed description of the trial, including some insights into police methods, two reporters are live-blogging. One report is by Henry K. Lee for the San Francisco Chronicle and the other is by David Kravets and published by Wired"

300 comments

  1. Linux defence by DrXym · · Score: 5, Funny

    If the tree doesn't balance then you must acquit!

    1. Re:Linux defence by cloricus · · Score: 5, Interesting

      This case sickens me. Even if he did do it they appear to have no evidence at all, and it really does scare me that they can potentially take away your freedoms with conjecture.

      After seeing several law cases through, some famous and some not, for personal interest, my faith in the legal system 'getting the right guy' is almost null. I often wonder how they get any one at all...

      --
      I ate your fish.
    2. Re:Linux defence by Constantine+XVI · · Score: 2, Funny

      More appropriate (he was a FS developer after all):
      "If the disk doesn't fsck, then you must acquit!"

      --
      "I think an etch-a-sketch with an ethernet port would beat IE7 in web standards compliance."
    3. Re:Linux defence by Lumpy · · Score: 5, Interesting

      It has always been this way.

      the worst part, have you ever sat on a jury? I have been in 2 and some people's "justifications" are insane. One trial 2 women were willing to send the guy down the river 30 secodns after we got in the room, they based it on what the DA said that the judge told them to strike from the record. It was pure fantasy on the DA's part and we were instructed to not consider it.

      Their reason, " Oh the judge did not mean that when he said it. Plus he looks guilty."

      we spent the next 8 hours going over things and trying to get these ditsy two to actually think. And this is the norm in Jury duty. Lots of really dense dits sit on those jurys. Many only listen to every other word or ignore everything from one lawyer because they dont like him.

      Frightening.

      --
      Do not look at laser with remaining good eye.
    4. Re:Linux defence by neonmonk · · Score: 1

      Juries automatically assume people are guilty. As long as they can show probable cause and the defense attorney isn't up to scratch... it's very easy to proescute.

    5. Re:Linux defence by Aladrin · · Score: 4, Interesting

      Wrong.

      I sat on jury duty of a druggie bum that might have attacked the guy who let him live in his house. Why? For the money in his wallet.

      The only evidence: The girl that lived there saw him running out of the house. From next door, where she was at a party. She admitted on the stand that she had done drugs the day before court.

      Everything screamed 'guilty' except the lack of -any- evidence. It tooks us only a few minutes to reach a not-guilty verdict. We decided to stop and review everything to see if we could find -any- reason to find him guilty. We could not. It was unanimous.

      So no, even though we assumed he did it, we were completely unable to find him guilty. Heck, if they'd put the girl on the stand, we'd have been as likely to think she did it, as she was the only witness and had just as much motive.

      It's not 'very easy' to prosecute without evidence.

      The worst part of the case was finding out they had kept him in jail for almost a year with zero evidence. And then the prosecutor said that 'New York' wanted him. Judge asked if they had papers, and they didn't, so they finally let him go.

      Him, we were probably better off with behind bars... But that could have been -any- of us. They can and do hold people for years at a time with no evidence. Very scary.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    6. Re:Linux defence by Anonymous Coward · · Score: 4, Interesting

      This is why if I am ever accused of a serious crime, I would seriously consider a bench trial.

    7. Re:Linux defence by Yvanhoe · · Score: 2, Insightful

      I think you would be afraid to have a diner with ten judges, in private.

      --
      The Wise adapts himself to the world. The Fool adapts the world to himself. Therefore, all progress depends on the Fool.
    8. Re:Linux defence by AndGodSed · · Score: 1

      Your scenario sound like a potential "Law and Order" mistrial plot... or a funny "Monk" episode...

    9. Re:Linux defence by coolGuyZak · · Score: 3, Informative

      When I sat on a jury, I wasn't impressed by the mentality of my fellow jurors. Most of them wanted the trial over and done with, so they could get back to their lives/jobs/whatever. It doesn't help that the case was monumentally stupid. The defendant was a well-intentioned idiot, and the plaintiff was a poor middle-aged woman with a greasy, ambulance chaser of an attorney. On occasion, I wish that I wasn't as critical as I am. As we discussed the case, I flipped between issues, making me appear more whimsical than thoughtful. Next time, I think I'll make a run at leading the group, so I can set an appropriate atmosphere for deliberation.

    10. Re:Linux defence by eln · · Score: 1

      Sure, it may not be easy to convict without ANY evidence, but as you yourself point out, it's not hard to come up with enough evidence to convict when the jury, in your words, is reviewing "everything to see if we could find -any- reason to find him guilty."

      The jury is supposed to convict only if they are sure of guilt *beyond a reasonable doubt*. However, most people tend to think that if someone was indicted for a crime, they must be guilty, so we should just look for any reasonable evidence to hang them with rather than trying to find cause for reasonable doubt. The very idea that "Everything screamed 'guilty' except the lack of -any- evidence" suggests that you and the rest of the jury were itching to find this guy guilty for whatever reason (he looked like a scumbag? You assume people must be guilty or they wouldn't be on trial?). In your particular case, the guy was lucky that the prosecution had nothing going for them, but there have been plenty of other cases where people are convicted on very thin circumstantial evidence just because the jury was trying to "find -any- reason to find him guilty."

    11. Re:Linux defence by Aladrin · · Score: 4, Informative

      I feel I have misrepresented the situation. We were worried that it took so little time to decide not-guilty. So we reviewed everything to make sure there was no argument. We were trying to find any reason to have a real discussion on whether he was guilty or not. Try though we might, we found nothing.

      They would have had to -prove- his guilt to me before I'd have voted that way. And I feel most of the others there felt the same, too, though I can't prove that. The reason we were so quick to come up with not-guity was that each of us felt the prosecutor had proven nothing.

      I will admit that the prosecutor was absolutely astounded that we came back with not-guilty, though. I supposed there's a chance that all of us were abnormal.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    12. Re:Linux defence by prelelat · · Score: 2, Interesting

      What really bugs me about a case like this were there is no evidence is what if he is not convicted, there is no evidence. If they do find a body and evidence that points the finger straight at him hes already been let off, can they even have a new trial? I agree it seems pretty stupid to have a trial with no evidence for more reasons than I can think of.

    13. Re:Linux defence by eln · · Score: 2, Insightful

      I see, it seems like you may have had one of the rare good juries (although I hope they aren't as rare as they seem sometimes). My one and only experience on a jury was a civil trial where the plaintiff was awarded damages almost entirely because a.) she cried on the stand (seemed to be obviously crocodile tears to me, but apparently others felt otherwise) and b.) it was getting late and nobody wanted to come back the next day. In my opinion, her case had absolutely no merit, but there was more discussion about what the court would bring in for dinner than there was about the actual merits of the case. The whole experience was pretty disparaging. In hindsight, I should have been more forceful about my own thoughts on the matter, but I was very young and did not possess a nearly strong enough personality to be heard over the "leaders" in the room.

    14. Re:Linux defence by thelexx · · Score: 2, Interesting

      "Du Bois made a reference to the expected testimony of Nina Reiser's mother, Irina Sharanova. Hora said something to the judge, and Du Bois didn't hear it because his client was speaking to him. Du Bois asked for what Hora said to be repeated, and the judge, smiling, said he wouldn't allow that to be done, as is usually the case, because the jury isn't here now. "Too bad," the judge said with a smile."

      You're right, I'd end up sticking one of them in the eye with a fork and get locked up myself.

      --
      "Gold still represents the ultimate form of payment in the world." - Alan Greenspan, 1999
    15. Re:Linux defence by Anonymous Coward · · Score: 0

      I served jury duty once when I was in college. The experience shattered all my prejudices about the jury system. The jury selection process actually produced a panel of apparently intelligent, educated, thoughtful citizens, not "twelve gentle bozos too stupid to get out of jury duty." In hindsight it was probably an open-and-shut case. The defendant was caught red-handed in possession of meth when the cops came to investigate a domestic disturbance. He brought a syringe full of the stuff to answer the door! It was one of those minor things where he should have taken a plea bargain, but his lawyer couldn't persuade him. Despite all that, we deliberated for over 3 hours. We carefully considered every piece of evidence, searching for any reasonable doubt at all. In the end we found none and voted unanimously for conviction. I honestly have faith in juries now.

    16. Re:Linux defence by Hal_Porter · · Score: 5, Informative
      Not all the evidence is circumstantial, there is the forensic stuff too.

      http://blog.wired.com/27bstroke6/2008/01/jurors-shown-st.html

      OAKLAND, California -- Jurors in the Hans Reiser murder trial for the first time in the three-month trial were shown actual forensic evidence -- a sleeping bag cover that was stained with blood from the missing wife whom the Linux programmer is accused of killing. ...

      [Reiser's car] was littered with trash, clothes, a sleeping bag and its cover, some maps, two books about murder and an Oakland Tribune newspaper with a screaming headline describing the authorities searching his Oakland hills residence. Still, it appeared as though the vehicle might have undergone some serious scrubbing. The floorboards were sopping wet, Cavness testified. ...

      Absent was the passenger seat. Inside the vehicle was a bunch of trash, a socket set and receipt showing the tools were purchased two weeks after the woman went missing. The bolts to the car seat were also found inside, and the socket on the ratchet matched the 12 millimeter diameter of the seat's bolts. Now Reiser says he removed the seat and put it in a dumpster because he was sleeping in the car. But an alternative explanation was that he used the car to move a body, scrubbed the blood off the bodywork and dumped the seat because he couldn't get the blood off it.

      Nina Reiser has disappeared. Hans claims she is hiding in Russia, but she was heavily in debt, mostly due to unpaid child support. And she just got offered a $50K per year job.

      http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/07/BAOFUTA27.DTL

      Two days before she disappeared, Nina Reiser accepted a $50,000-a-year job with the San Francisco Department of Public Health to help Russian immigrants, the woman who hired her testified Wednesday. ...
      Also Wednesday, Richard Wilson of the TransUnion credit bureau testified that Hans Reiser was $90,000 in debt as of late last month. The figure includes $29,000 in unpaid child support, he said. Nina Reiser was about $30,000 in debt, Wilson said.

      Other witnesses have testified that Hans Reiser complained that his wife was a financial burden to him. The last two calls Nina made on her cellphone were to Hans before she disappeared, just after she dropped off her children at his house.

      http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/08/BASIUUNE1.DTL&feed=rss.news

      His behaviour on 20/20 was highly suspicious. Circumstantial admittedly.

      http://www.eyesforlies.blogspot.com/2007/11/hans-and-nina-reiser.html

      But realistically Hans's suspicious behaviour, creepiness and arrogance will probably end up dooming him whether he's guilty or not. I think trials are really a question of which narrative the jury believes. If they believe his story that she abandoned her kids (she had sole custody), boyfriend and a highly paid job to live incognito in Russia he'll get off, but I seriously doubt that. Then again he's a smart guy. Maybe he or his lawyer can work out some Johnny Cochrane type mindtrick to get him off. Then again, maybe not -

      http://blog.wired.com/27bstroke6/hans_reiser_trial/index.html#44890938
      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    17. Re:Linux defence by Anonymous Coward · · Score: 0

      You know what the main design behind ReiserFS was, right? You didn't just not understand the post you replied to? You're not just a boring ignoramus, yes?

    18. Re:Linux defence by Erikderzweite · · Score: 1

      I have little trust in jury justice - it is a justice of incompetent people. You have to have studied laws in order to be able to judge. Besides, twelve amateurs are more likely to act based on emotions, not on facts. OTOH, jury is less capable of corruption and state influence, but I am all but sure this outweighs the deficiencies of such system.

    19. Re:Linux defence by Aladrin · · Score: 2, Interesting

      I hope it wasn't rare, because that has been my single positive experience with the justice system. (None of them directly involved me, really.)

      The judge in this case was also very nice. Afterwards, he came and talked to us, and even let us ask questions we had.

      It was a very positive experience and I actually look forward to jury duty again if I'm called. (I was dreading it before that time.)

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    20. Re:Linux defence by gfxguy · · Score: 1

      The last jury I sat on backlashed against the ambulance chaser. I had mixed feelings at the end, after all there was SOME damages, but we did award SOME damages, just what was due... unfortunately, when the lawyer sucks out his chunk, that left the plaintiff with some money, but not enough, and a lot of wasted time...

      On the other hand, he could have settled a lot earlier and not wasted everybody else's time and ended up with more in his pocket. As usual, the only one who actually made out was the law talking guy.

      Plus it was just a small civil case... one of those cases where it obviously took two to tango, and no one was completely innocent, just technically not at fault...

      --
      Stupid sexy Flanders.
    21. Re:Linux defence by CarpetShark · · Score: 2, Informative

      I think you missed the fact that his fs used balanced trees ;)

    22. Re:Linux defence by sumdumass · · Score: 2, Insightful

      Or how about a movie that was made several times called "Twelve angry men". I think it first appeared in the 50's but was remade not too long ago.

      It is popular because it is true to some extent. In normal cases, the jury foreman should have told the judge that those women wouldn't drop what they were told to ignore because of the strike from the record. This should result in the judge clarifying his orders or invalidating the trial or replacing the juror with an alternative. Unfortunately, not all juries have alternatives sitting. In my area, there is two normally and more as the case get more important or controversial. I'm not sure on the details of how that works.

    23. Re:Linux defence by mR.bRiGhTsId3 · · Score: 0

      I think this is an unfortunate side effect of group dynamics and the way lawyers do jury selection. I too have sat on a jury, and was less than impressed by my "peers". I feel like this stems from the fact that dense people can be more easily led around by the nose, so are more likely to not be struck during jury selection.

    24. Re:Linux defence by Anonymous Coward · · Score: 0

      Not all the evidence is circumstantial, there is the forensic stuff too.

      Blood on a sleeping bag cover? Calls to her own husband? This is "forensic stuff" I'd expect to find for people who haven't been murdered too. You are aware that women tend to bleed on a regular basis? And that it's not unusual for a wife to phone her husband?

    25. Re:Linux defence by Anonymous Coward · · Score: 0

      Almost null? Like, half a null?

    26. Re:Linux defence by metamatic · · Score: 4, Insightful

      ...a sleeping bag cover that was stained with blood from the missing wife whom the Linux programmer is accused of killing.

      I'd want to know what they meant by "stained with blood"; that could be anything from a few drops to a large patch indicating a serious wound. My bet is the former, or they'd have been more lurid with the description. In which case it's circumstantial; my wife got a paper cut in bed the other day and got blood on the pillow (true story), but that doesn't mean I murdered her.

      The floorboards were sopping wet, Cavness testified.

      Circumstantial. Ever spilled a quart of milk in the car and had to try to get it out of the carpet?

      But an alternative explanation was that he used the car to move a body, scrubbed the blood off the bodywork and dumped the seat because he couldn't get the blood off it.

      Still circumstantial. Yes, it could have been Hans cleaning blood off the carpet; it could also have been Hans cleaning oil off the carpet.

      The last two calls Nina made on her cellphone were to Hans before she disappeared, just after she dropped off her children at his house.

      Also circumstantial, unless they can get ECHELON to tell us the content of the calls.

      I agree that it looks suspicious as all hell; but the other side of things looks as suspicious as all hell too, when you read about Nina and her boyfriend.
      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    27. Re:Linux defence by R3d+Jack · · Score: 1

      My brother was convicted in Oakland by a publicity-seeking DA with no hard evidence. The case was highly publicized, and Edward Kennedy became involved. Sadly, the prominence of the DA and weak defense attorneys led to a mis-trial, and then a conviction. DA's are elected, and they seize on these high-publicity cases to build their rep. This sounds like another such case.

    28. Re:Linux defence by Luke+Dawson · · Score: 1

      Now Reiser says he removed the seat and put it in a dumpster because he was sleeping in the car. But an alternative explanation was that he used the car to move a body, scrubbed the blood off the bodywork and dumped the seat because he couldn't get the blood off it.
      He should have tried Oxy-clean. I heard if you call in the next fifteen minutes, you get a second bottle absolutely free!
    29. Re:Linux defence by whoever57 · · Score: 1

      If they believe his story that she abandoned her kids (she had sole custody),
      The kids are currently in Russia. Their grandmother took them there and has failed to bring them back.
      --
      The real "Libtards" are the Libertarians!
    30. Re:Linux defence by JohnnyGTO · · Score: 1

      I think it's time to really reconsider what we call a jury of our peers. Frnkly if your to stupid to not get out of jury duty or you seek it your are not my peer. Maybe we should consider creating a large pool of pre-qualified jurists that are paid a living wage when they sit in jury.

      --
      Si vis pacem, para bellum! For evil to succeed good men need only do nothing!
    31. Re:Linux defence by Wheely · · Score: 1

      Thus highlighting the power of the jury system. Ultimately there are enough people who actually take it seriously to persuade those who don't to think a bit more.

      Amazing that some people take it so lightly but it is encouraging that, in the end, it usually gets balanced out.

    32. Re:Linux defence by Hognoxious · · Score: 1

      I have little trust in democracy - it is government by incompetent people. You have to have studied government in order to be able to govern. Besides, the proles are more likely to act based on emotions, not on facts.
      Fixed that for you.
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    33. Re:Linux defence by Anonymous Coward · · Score: 0

      She could also have had a very heavy period and bled inside the bag.

      My car leaks. A lot. The trunk is always soaking wet.

      Maybe he really was sleeping in his car and sold the seat.

      (Anon because I've modded this thread.)

    34. Re:Linux defence by laing · · Score: 4, Informative

      Giving up my mod rights on this thread by commenting but there's one important point to be made here. If you are EVER held or accused of a crime, NEVER waive your "right to a speedy trial". The court system is overloaded and your own lawyer may ask you to sign a form doing this, if they do then you should get a new lawyer. Better yet, before you get a lawyer you should make sure they won't do this. Lots of people spend unnecessary time in jail simply because their lawyer is too busy to work on their case. (No, I've never been in jail.)

      --
      This space for rent

    35. Re:Linux defence by AKAImBatman · · Score: 2, Informative

      If they do find a body and evidence that points the finger straight at him hes already been let off, can they even have a new trial?

      No. Double jeopardy is not allowed in the US legal system. They could raise new charges if applicable to the incident (e.g. breaking and entering), but they could not retry him for the same crime.

      That's why it's always in the best interest of the prosecutor to ensure they have solid case before taking the case to trial. Otherwise a guilty man can walk out of that court and tell the whole world exactly how he got away with a crime.
    36. Re:Linux defence by IndustrialComplex · · Score: 1

      I think it's time to really reconsider what we call a jury of our peers. Frnkly if your to stupid to not get out of jury duty or you seek it your are not my peer. Maybe we should consider creating a large pool of pre-qualified jurists that are paid a living wage when they sit in jury.

      Frankly, if you're too stupid to understand that serving on a jury is an obligation of your citizenship in our society then I wonder just what you think you deserve.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    37. Re:Linux defence by Atlantis-Rising · · Score: 2, Funny

      You're both absolutely right. Why the fuck should we let incompetent people decide either the result of our criminal trials or the course of our society?

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    38. Re:Linux defence by CmdrGravy · · Score: 1

      Not a problem for me, I inspire feelings of love and respect wherever I go so the last thing I need is some sort of jury genetically engineered against my abilities and considering the raw facts. I won't even get as far as ruling a small section of the local park with that sort of unfair handicap, never mind the world.

    39. Re:Linux defence by prelelat · · Score: 1

      Thats what I thought, thanks for clarifying, I'm not from the states.

    40. Re:Linux defence by CrkHead · · Score: 1

      After seeing several law cases through, some famous and some not, for personal interest, my faith in the legal system 'getting the right guy' is almost null. I often wonder how they get any one at all...

      If the standard is to "get any one at all" then it's pretty easy to get someone.

    41. Re:Linux defence by BlackCreek · · Score: 1

      The kids are currently in Russia. Their grandmother took them there and has failed to bring them back. Actually, his son has been sent back to testify: http://blog.wired.com/27bstroke6/2007/11/reiser-son-test.html.
    42. Re:Linux defence by Chemicalscum · · Score: 1
      I was on the jury for two trials back in England about 25 years ago. I was impressed by the seriousness and clarity of thought all the jurors brought to the cases. Maybe times have changed or the US is different or just that both of have only anecdotal examples, however I went away impressed by the jury system.

      Here in Canada now they are slowly trying to work towards the abolition of the jury system by stealth and a thousand cuts. They are making less and less cases triable by jury and the percentage of cases tried by jury is continually falling.

    43. Re:Linux defence by Zontar_Thing_From_Ve · · Score: 1

      If they believe his story that she abandoned her kids (she had sole custody), boyfriend and a highly paid job to live incognito in Russia he'll get off, but I seriously doubt that.

      I've posted on this before, but perhaps it's worth repeating, although in a shorter version. I speak good Russian and I've spent a lot of time (too much honestly) in that part of the world. I had a fiancee at one time from Ukraine, but we never got married because I just couldn't put up with her lack of respect and constant anger management issues. I can tell you from personal experience that typically women in this part of the world are vindictive as hell. The odds of one of them disappearing to screw a guy over are incredibly small. These women would typically stick around and go to court and screw you over there via a painful and expensive divorce. They wouldn't just run away and hide. There is no realistic chance that whatever happened that Nina Reiser is hiding in Russia. It would completely unheard of for a Russian woman to abandon her kids. She would fight to the death to protect them and NEVER under any circumstances abandon them to run off with a boyfriend. It just doesn't happen. I am sure that Nina Reiser is dead and whether Hans Reiser killed her is something the trial will decide. But if any of you seriously think that Hans is being framed, all I can say is that you ever went to that part of the world and got to know the women over there, you would know that the scenario the defense is proposing is laughably improbable.

    44. Re:Linux defence by whoever57 · · Score: 1

      Actually, his son has been sent back to testify: http://blog.wired.com/27bstroke6/2007/11/reiser-son-test.html.M.
      Check the date on that page. The kids have not been returned to the USA after a Christmas trip to Russia.
      --
      The real "Libtards" are the Libertarians!
    45. Re:Linux defence by darkmeridian · · Score: 1

      I was on a jury before, and I was actually impressed by my fellow jurors. They weren't rocket scientists; their vocabularies were limited (note to trial lawyers: use simple words), and they didn't want to be there, but they TRIED their best to reach the best/fairest result. No one was trying to screw the guy or to screw the MAN. The jury actually tried to figure out what was going on and what the correct verdict should be.

      --
      A NYC lawyer blogs. http://www.chuangblog.com/
    46. Re:Linux defence by Doctor+Faustus · · Score: 1

      I will admit that the prosecutor was absolutely astounded that we came back with not-guilty, though. I supposed there's a chance that all of us were abnormal.
      Quite likely. My wife was on a murder jury a couple of years ago, and the jury basically all agreed that they had no idea what really happened, and that the only person who testified who wasn't lying to them was the medical examiner. To my mind, that's reasonable doubt, but they just knocked it down to second-degree.

    47. Re:Linux defence by lawpoop · · Score: 2, Interesting

      Then again he's a smart guy. Maybe he or his lawyer can work out some Johnny Cochrane type mindtrick to get him off. He's a smart guy when it comes to computers, machines, and inanimate objects. I'll bet he's on the Autism/Asperger's spectrum.

      I'll bet that he's so smart with computers that he thinks he's good at everything ( perhaps even murdering people ). He might think that he can get what he wants out of the jury by using a simple command or technicality, just like a computer hard drive. But most neurotypicals judge people on some kind of gut feeling or likability, not any technical matters like truth, justice, or evidence.

      Don't get me wrong, there are 'people geeks' who employ simple tricks to get what they want out of people. But Hans does not come off as a sophisticated charmer. Any clever stunts he tries to pull with this jury will go down in flames.
      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    48. Re:Linux defence by Hal_Porter · · Score: 1

      I'd want to know what they meant by "stained with blood"; that could be anything from a few drops to a large patch indicating a serious wound. My bet is the former, How much did you bet? Do you have PayPal?

      http://blog.wired.com/27bstroke6/2008/01/jurors-shown-st.html

      The sleeping bag cover, which Cavness described as a "stuff sack," was discovered in the 44-year-old defendant's tiny Honda CRX. The blood stain was about six inches wide and a picture of it was shown to jurors on a monitor. The actual sleeping bag cover was brought into the courtroom and shown to jurors.
      ...
      The other piece of forensic evidence is specks of the woman's blood found on a pillar in that Oakland hills house. Pictures of that post were shown to jurors last week and again Tuesday. So blood specks on a pillar and a six inch stain on a sleeping bag cover used as a 'stuff sack'. Nope, not at all suspicious.
      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    49. Re:Linux defence by Khyber · · Score: 1

      This isn't taking place in a US court, AFAIK, so Double Jeopardy would not apply.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    50. Re:Linux defence by Anonymous Coward · · Score: 0

      "But most neurotypicals..."

      Please shut the fuck up. Stop pretending because you have Asperger's that it isn't a mental illness. And don't fucking try to pretend yo don't hold that view either you fucking retard.

    51. Re:Linux defence by Anonymous Coward · · Score: 0

      I'm sure I'm not the first to suggest this, but women DO bleed a lot.

    52. Re:Linux defence by cHiphead · · Score: 2, Interesting

      You, too, are absolutely right, I say we run out into the streets and riot against such injustice.

      Maybe we can get Anon in on it too, they seem to have some traction this week.

      Cheers.

      --

      This is my sig. There are many like it, but this one is mine.
    53. Re:Linux defence by anagama · · Score: 2, Informative

      If you've been reading along from day 1, you'll note that Reiser was continuously interrupting his attorney and DuBois was constantly asking to have things read back. The judge told Reiser to knock it off a bunch of times, and finally said "that's it". That's why the record wasn't read back, bad behavior on Reiser's part. Reiser doesn't like his attorney either.

      Anyway, since /. is now going to ruin my user-experience at that blog anyway, I'd suggest starting at day one and reading forward -- you'll have to go back 4 pages from the top.

      --
      What changed under Obama? Nothing Good
    54. Re:Linux defence by Creepy+Crawler · · Score: 1

      And I would fault your wife for not growing a backbone.

      If she said that she didn't know what happened, and everybody except the ME was lying, then the only logical answer is to find not guilty.

      Each person has veto power to a judgment in a court case: that's why there is 12 members of the jury. We hope we get one who is sane and honest and won't let bad stuff go through.

      Instead, the jury probably felt that enough time has passed and they didn't want to think of it any more... "Just vote guilty so we can go back to our lives." Shameful.

      I would be embarrassed to have a wife like that... to know that she is completely responsible for the imprisonment of a fellow person. It takes 12 to find guilty, only 1 to acquit.

      --
    55. Re:Linux defence by Dmala · · Score: 1

      the worst part, have you ever sat on a jury? I have been in 2 and some people's "justifications" are insane. One trial 2 women were willing to send the guy down the river 30 secodns after we got in the room, they based it on what the DA said that the judge told them to strike from the record. It was pure fantasy on the DA's part and we were instructed to not consider it.

      I have to say, my experience on a jury was the exact opposite. I was expecting a bunch of knuckleheads, and instead it was actually a pretty intelligent group of people. It probably helped that the DA's case was a house of cards which the defense pretty thoroughly demolished. Even still, we did our due diligence and kicked the evidence around for a few hours. In the end, I was pretty satisfied that what we came up with was the "correct" verdict, based on the evidence that was presented.

    56. Re:Linux defence by ja · · Score: 1

      Because government has outlawed shooting them?

      --

      send + more == money? ...
    57. Re:Linux defence by AKAImBatman · · Score: 1

      Look, I know the Californians are weird sometimes, but calling them a separate nation with a separate legal system is just plain rude. Even if their whacked out laws make it seem that way sometimes.

      Now apologize immediately or the Governator will be around shortly to "terminate" your opinion. :-P

    58. Re:Linux defence by Anonymous Coward · · Score: 0

      What court do you imagine this case is happening in? The Court of Linux Affairs? He's being tried in a California court. Double jeopardy is a concept that is included in the US Constitution (the 5th Amendment) that the Supreme Court has ruled applies to the states as well. Obiligatory Wikipedia link to Double Jeopardy -> United States

    59. Re:Linux defence by JohnnyGTO · · Score: 1

      I know it's a duty of citizenship, but when was the last time one of these clowns serving where heard saying that? Most just want to right a book, get rid of frustrations through misguided aggressions, or are so bigoted they should be banned from serving for life! I've had many a person tell me they knew someone was guilty because of the way they look, their skin color, their profession or lack of, etc. Never on the merits of the case. I mean really the only ones that would probably give you an honest trial are people smart enough to want to avoid jury duty. If a case goes on for more then a couple of days it's a drain on your financial, emotional and relationship resources. Almost seems like the state has made it mandatory to be an easily manipulated jackass to serve.

      --
      Si vis pacem, para bellum! For evil to succeed good men need only do nothing!
    60. Re:Linux defence by metamatic · · Score: 1

      OK, then, that's a suspicious amount of blood.

      But one suspicious piece of evidence and a pile of circumstantial facts makes for a pretty weak murder case.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    61. Re:Linux defence by trewornan · · Score: 1

      The guy murdered his wife


      You don't know that, in fact as the OP pointed out there appears to be no evidence at all that he did.

    62. Re:Linux defence by Anonymous Coward · · Score: 0

      Can't they take Alex Trebek there?

    63. Re:Linux defence by orgelspieler · · Score: 1

      $50k in SF is not "highly paid." The median family income there was $67,809 in 2005.

    64. Re:Linux defence by russotto · · Score: 1

      Except they screwed up the forensics on the blood on the pillar, so they can't tell if it's Nina's or not. Further, when it was found, 9 days after Nina's disappearance, it was "nice shiny red blood". I don't know about your blood, but 9 days after leaving my body mine won't be a nice shiny red anymore. More like a dull mottled reddish-brown. Actually it gets that way within hours.

      Knowing a blood stain "6 inches wide" doesn't say much either. Is it a 6 inch circle (which would be a lot of blood), or a mere streak 6 inches long and 0.5mm wide?

    65. Re:Linux defence by IndustrialComplex · · Score: 1

      That is true that there are a lot of 'dim' people serving on juries. It is an unfortunate side effect of two things.

      1. It is hard to leave a job for a few days to be a juror. If you are lucky, your employer will compensate you, but if you are like me and a salaried employee the result is that you come back to a few days of work that has piled up. And a maxed out voicemail storage.

      2. Lawyers actively try to select jurors that they can influence, or are biased to their cause.

      I suppose the trick is, because of number 2, the only smart ones that get on the trial are those that are smart and actually trying to get on the jury. I do try to get on the jury, with the hope that if I am ever brought to court, there may be a few people on the jury that like to think.

      --
      Out of modpoints but really liked a post? 1BDkF6TtmmeZ3yqXbz9yhdYVqRYnwFoXDj
    66. Re:Linux defence by russotto · · Score: 1

      I'll bet that he's so smart with computers that he thinks he's good at everything ( perhaps even murdering people ).


      Well, if he murdered her, he's good at computers AND at hiding bodies.
    67. Re:Linux defence by fastest+fascist · · Score: 1

      Yes, why should people be allowed to run their own lives?

    68. Re:Linux defence by Anonymous Coward · · Score: 0

      the worst part, have you ever sat on a jury? I have been in 2 and some people's "justifications" are insane.


      I have, and none of the folks were insane. However, the fact that you had two nutcases on your jury shows why we have 12 jurors plus at least one alternate in most jurisdictions.

      Their reason, " Oh the judge did not mean that when he said it. Plus he looks guilty."


      Well, a lot depends on whether you convinced them in the end. If you did, the system worked the way it was supposed to -- nobody said it would be easy, quick or pleasant.

      If you didn't, then you should have toughed it out until a mistrial, or informed the judge that there were disagreements about whether his instructions were "really" meant to be followed in that instance, which will piss him off of course. Fundamentally the system relies upon the conscience of individual jurors, and those jurors' willingness to defend their position (sane or not).
    69. Re:Linux defence by lawpoop · · Score: 1

      OK, maybe he's good at murdering and hiding bodies. Let's see how good he is at getting away with it ;)

      --
      Computers are useless. They can only give you answers.
      -- Pablo Picasso
    70. Re:Linux defence by Anonymous Coward · · Score: 0

      "Not all the evidence is circumstantial, there is the forensic stuff too"

      Actually, the quoted blood evidence and evidence about the condition of the car are also circumstantial.

    71. Re:Linux defence by jedidiah · · Score: 1

      You sound like a founding father.

      They didn't have much confidence in the average sort of person that
      tends to sit on juries today either. That's why universal sufferage
      was not a popular idea with them.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    72. Re:Linux defence by ucblockhead · · Score: 1
      You can convict on "circumstantial" evidence if it points to guild "beyond a reasonable doubt".

      As an example: you see two men enter a building. You see one of them leave with a shirt stained with something red. You enter the building to find the other man lying dead in a bloody heap on the ground.

      You only have "circumstantial" evidence that the one guy killed the other.

      "circumstantial" means that there were no witnesses, and no forensic evidence. It does not mean "weak".

      In this case, it does not mean that if the only evidence is circumstantial, you acquit. What the jury is supposed to do is look at all the evidence, circumstantial and otherwise, and decide if any other theories as to where this woman is are ridiculous enough to be "beyond a reasonable doubt". Yes, there are lots of reasons you can come up with for why someone might remove the front seat of their car. The question is, do those reasons make sense. Are they reasonable. *That* is not what is important, not whether the evidence is "circumstantial".

      --
      The cake is a pie
    73. Re:Linux defence by Shakrai · · Score: 5, Interesting

      I was on a jury before, and I was actually impressed by my fellow jurors.

      I'll go one better. I've been judged by a jury of my peers.

      Couple years ago I found myself accused of a felony crime that I didn't commit. I wound up testifying at Grand Jury and they eventually decided not to indict me. When I stood before them the DA asked me a series of questions. Afterwards the Grand Jurors themselves got to question me.

      The crime in question was a computer crime. The Grand Jurors actually asked intelligent and thoughtful questions. Most of them didn't understand the underlying issues of the case or the evidence that had been presented -- but they went out of their way to find out when they questioned me and for that I am thankful. It would have been ten times easier for them to just issue a rubber stamp for the DA and go home.

      I'm sorry, but all the people around here advocating that we get rid of juries are really missing the point. Go study the history of how the common law came about. Read the Magna Carta. Read our constitution. Study our legal traditions. The State shouldn't get to take away your liberty if it can't convince your fellow citizens of the need to do so. The erosion of the right to a trial by jury should scare the hell out of all of us.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    74. Re:Linux defence by afabbro · · Score: 1

      But that doesn't rhyme, so the average retarded juror will forget it.

      I prefer: If you can't run git, you must acquit!

      --
      Advice: on VPS providers
    75. Re:Linux defence by Anonymous Coward · · Score: 0

      Not all the evidence is circumstantial, there is the forensic stuff too.

      [snip list of circumstantial evidence] that word - I do not think it means what you think it means.

      Non-circumstantial evidence would be things like a person seeing Hans murdering Nina, or leaving the scene of the crime.

      Everything you listed is (by definition) circumstantial - the absolute worst thing there is blood on a pillowcase, with no way to tie it to Reiser. At best, that's "we have proof that something bad *might* have happened, and we think he did it."
    76. Re:Linux defence by jollyreaper · · Score: 1

      we spent the next 8 hours going over things and trying to get these ditsy two to actually think. And this is the norm in Jury duty. Lots of really dense dits sit on those jurys. Many only listen to every other word or ignore everything from one lawyer because they dont like him. But also remember that the fucking lawyers select for the stupidest jurors they can find in the pool. Anyone with enough intelligence to actually see through the agenda is immediately cast out. The lawyers don't want jurors, they want dupes.
      --
      Kwisatz Haderach
      Sell the spice to CHOAM
      This Mahdi took Shaddam's Throne
    77. Re:Linux defence by toad3k · · Score: 1

      I just read through that entire log of the trial and you are acting emotionally. There is overwhelming evidence that he did commit the crime. His car was scrubbed, and had standing water in it.

      He took a trip to the mountains right after she disappeared. He stupidly used the ATM there.

      They watched him attempting to evade cops on his trail going back and forth along highways in his car.

      Once his car disappeared, they trailed him (he walked) to where he stashed a few blocks away. While he was cleaning out that car he borrowed his mom's car, but never gave an explanation as to why his own car was not usable.

      The cellphone battery was taken out of her cellphone so that they couldn't track the location of her minivan (which says to me that the murderer had technical knowledge).

      The kid (although he keeps changing his testimony) says he saw the father drag her down the stairs that night and even drew a picture of that.

      They even found her passport (suggesting that she didn't leave the country). They found his passport and some money stashed away suggesting he was preparing to flee. I assume that is why he didn't get out on bail (he's a flight risk).

      They two non-fiction books on murder investigation and the receipt that shows he bought them after the murder and no sign that he held any interest in such topics before she disappeared. In other words he was thinking murder from the beginning.

      The only defense he has is that she might have fled the country and left her kids. But they have all sorts of evidence to the contrary like, that she didn't show up at a new job she'd been hired for. Her friend missed her at dinner the night she disappeared. She was not dating the serial killer guy when she disappeared. The guy she was dating actually wept on the stand. They found rotten groceries in her minivan she'd bought the day of her disappearance which suggests she didn't leave the country on her own.

      The evidence against him is all circumstancial, but virtually every action he's taken screams guilty. I'm as distraught as anyone, fuck I use reiserfs myself and I was really looking forward to the next version. But he's guilty. There's no getting around it.

    78. Re:Linux defence by plague3106 · · Score: 1

      That's why we have a republic. And our government isn't supposed to be involved in our day to day lives. If the latter was true, you really wouldn't have anything to worry about.

    79. Re:Linux defence by anagama · · Score: 1

      As far as defenses go, don't forget her former boyfriend Sturgeon who has admitted to 7 or 8 killings -- just not Nina. That's really creepy. He could have murdered Nina to set up Hans for some sort of revenge purpose. All conjecture on my part of course.

      --
      What changed under Obama? Nothing Good
    80. Re:Linux defence by BrentH · · Score: 1

      I've always considered Civil Law the better alternative, because it in practise the jury is virtually always like this and Civil Law seems to me to guarantee better jurors (as they are learned judges).

    81. Re:Linux defence by Daimanta · · Score: 1

      You probably do not understand "circumstantial" evidence. The case you discribed indicates that there was a murder in a building(which can be pinpointed to a certain date) and a person being present at exactly that same time. Furthermore, the person who leaves the building has probably seen the victim since you say "You enter the building to find the other man lying dead in a bloody heap on the ground". Therefore there is a very good case against that man. Especially if they find blood on the suspect.

      Circumstantial is something that can be reasonably contructed as being completely independant of the murder. For example cutting you nails(murderers do this to remove DNA), showering(removing DNA), cleaning your car(someone could be killed in it) or shaving your head because you want to look bald(trying to fool people by altering appearance). Al these thing could be things that you do when you have killed someone. The fact is that you can refute this by saying it is circumstantial. Otherwise you have people that reason that you "act" or "look" guilty, something that has caused countless false convictions.

      --
      Knowledge is power. Knowledge shared is power lost.
    82. Re:Linux defence by Atlantis-Rising · · Score: 1

      Sure I would. How about whoever was trying to muscle in on the government's turf?

      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    83. Re:Linux defence by Hal_Porter · · Score: 1

      You are aware that women tend to bleed on a regular basis Yeah, that's how they got the blood sample from her underwear that matched the six inch stain. But I guess they can tell the difference between menstrual blood and blood splatters from a murder.

      And that it's not unusual for a wife to phone her husband? That's not the point. It shows that he is the last person she spoke to. Since she met him to drop off the kids, it shows that he was the last person who saw here before she disappeared.

      As one of the articles I quoted before puts it.
      http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/08/BASIUUNE1.DTL&feed=rss.news

      A Verizon Wireless employee, Jody Citizen, testified Thursday that Nina Reiser called her husband's Oakland hills home twice on Sept. 3, 2006. The first call was made at 1:40 p.m. and lasted 62 seconds, and the second call was placed at 2:04 p.m. and lasted 22 seconds, Citizen said.

      Nina Reiser was shopping with her young son and daughter at the Berkeley Bowl supermarket at the time of the second call, and was preparing to drop off the children at Hans Reiser's home afterward, according to previous testimony.

      No calls were made from her cell phone after that day, Citizen said, and Nina Reiser has not been seen since. Many people who were worried about her after she disappeared called her cell phone, and those calls went straight to her voice mail, Citizen said.

      The cell phone was later found in Nina Reiser's abandoned minivan with its battery detached.

      Hans Reiser placed an eight-second call to the cell phone Sept. 5, 2006, two days after his wife disappeared, said Michael Caniglia, an AT&T Mobility employee. The prosecution believes Hans Reiser called the phone to make sure it was off; the defense says he simply wanted to know where she was. So she called him and then went to meet him and has never been seen since. That's not proof of murder, being the last person to see her and the last person she was due to meet is consistent with him being a murderer. It'd be interesting to hear what Hans ays about this of course.
      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    84. Re:Linux defence by Hal_Porter · · Score: 1

      Yeah, I don't believe it either. And I don't think a jury will.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    85. Re:Linux defence by Hal_Porter · · Score: 1

      What's the medium income living incognito in Russia. Actually come to think of it, if she's in Russia why isn't she with her kids?

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    86. Re:Linux defence by Hal_Porter · · Score: 1

      Fair enough. But if forensic evidence is circumstantial then most murder cases are decided based on circumstantial evidence.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    87. Re:Linux defence by Shakrai · · Score: 2, Insightful

      Civil Law seems to me to guarantee better jurors (as they are learned judges)

      Which kinda defeats the point of the "jury of your peers", doesn't it?

      Regardless though, I wish people would at least study the reasoning and history behind the common law, even if they later come to prefer civil law. It's an important part of our history and provides great insight into why we have the rights that we do.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    88. Re:Linux defence by Bryan+Ischo · · Score: 1

      Doesn't it take 1 to cause a hung jury, and 12 to acquit? Or am I misunderstanding?

      Also, don't be so quick to judge other people. You don't know the specifics of the situation, and yet you've already decided that this person was "completely responsible for the imprisonment of a fellow person." I know you want to be a champion of justice and all (I've seen some of your other posts in this discussion, it's pretty clear), but making just decisions is kind of hard to do when you make hasty decisions.

    89. Re:Linux defence by ucblockhead · · Score: 1
      You certainly don't understand circumstantial evidence. It works exactly as I described. Even if yes, indeed, they find the victim's blood on the guy and even if the witness heard the arrestee say "I'm a gonna kill you, you bastard!?", it is STILL circumstantial. "Circumstantial" merely means that there is no DIRECT evidence, that is, no one saw the actual murder. See here and here and here and here. Unfortunately, people tend to confuse "circumstantial" with "weak" in the way you are.


      You don't "refute" evidence by saying it is "circumstantial". "Circumstantial" is a class of evidence, as opposed to "direct". Most evidence is circumstantial and most people are convicted on purely circumstantial evidence. DNA evidence is always circumstantial evidence, as is the someone possessing a gun matching the bullet embedded in the victim, someone possessing a knife covered with the victim's blood, and all manner of conviction-worthy things. For instance, Jeffrey Dahmer was convicted on purely circumstantial evidence. (As having the hacked up victim's body in your freezer is ALSO "circumstantial evidence".)

      --
      The cake is a pie
    90. Re:Linux defence by glwtta · · Score: 1

      You do realize that circumstantial evidence is a perfectly valid type of evidence? Plenty of murderers are convicted largely, or solely, on circumstantial evidence.

      Not that I have any deep insight about this case, just pointing out that calling something circumstantial doesn't make it go away.

      --
      sic transit gloria mundi
    91. Re:Linux defence by Anonymous Coward · · Score: 0

      it really does scare me that they can potentially take away your freedoms with conjecture. You should take a walk around Guantanamo Bay sometime ...

    92. Re:Linux defence by fast+penguin · · Score: 1

      Grand-parent said his wife thought the accused was innocent, yet she fell for peer pressure. Parent's response is completely adequate in my book.

      --
      My worst enemy gave me a copy of Windows for Christmas.
    93. Re:Linux defence by jonbryce · · Score: 2, Insightful

      In England, Magistrates sitting alone find around 90% of defendants guilty, whereas juries find about 60% of defendants guilty. So you are better getting a jury trial if you can.

    94. Re:Linux defence by h4ck7h3p14n37 · · Score: 1

      The worst part of the case was finding out they had kept him in jail for almost a year with zero evidence.

      Are you saying that bond was denied, or that the defendant could not make bail? Based on the charge, I would guess that the guy simply couldn't make bail.

    95. Re:Linux defence by ratmash · · Score: 1

      some people's "justifications" are insane
      I got this classic when questioning the strength of the evidence...

      "If the evidence wasn't good enough, the case wouldn't have made it to court"

      So, remind me of our purpose in these proceedings again?
    96. Re:Linux defence by steveg · · Score: 1

      The last jury I was on, we had one juror that spent the whole first day of deliberation (which was less than an hour) disagreeing with the consensus. The second day he told us that he had been acting as devil's advocate, because he wanted to be sure we actually considered all the evidence. I was proud of the rest of the jury -- everyone agreed that was a good idea, but we were all committed to going over everything carefully anyway.

      --
      Ignorance killed the cat. Curiosity was framed.
    97. Re:Linux defence by Anonymous Coward · · Score: 0

      Last I heard the judge was not allowing that as evidence. If the police won't even arrest the man chances are his "confession" to killing eight people is a lie. More importantly to this case it is a lie by his (former?) friend whose purpose was to disrupt the case.

    98. Re:Linux defence by Khyber · · Score: 1

      Every time you step into a courtroom, look at the flags. Do any have a gold border around them? California's flag do have a gold border around them - you might as well not count yourself in the USA or even on US soil. I tried that argument out in my Mississippi felony defense, oops, technically I'm not inside a US court. WHAM! Conspiracy charge, undroppable, can't fight against it.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    99. Re:Linux defence by Khyber · · Score: 1

      I'll just point here and leave you to remain a coward.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    100. Re:Linux defence by Khyber · · Score: 1

      http://www.apfn.org/apfn/flag.htm

      I don't need to say much else, do I?

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    101. Re:Linux defence by darkpixel2k · · Score: 1

      The last jury I sat on backlashed against the ambulance chaser.

      A guy I worked with was selected for jury duty. When he was 'activated' he went from earning $30/hr to $40/day. That $40 was supposed to cover mileage, meals, hotel, everything.

      He said he would say whatever the hell got him home quickest so he could make sure his family was taken care of--trial be damned.

      And I think that's truly the bad part of the system. The people selected for jury duty have just taken a huge cut in pay (usually) to have to sit there and listen to two people bitch. I don't know about you, but I'm guessing some of them might be a bit vengeful for losing a chunk of income.

      Maybe the jury system can be modified so it's at least minimum wage while you sit there...so you can at least feed your family.

      --
      There's no place like ::1 (I've completed my transition to IPv6)
    102. Re:Linux defence by Dun+Malg · · Score: 1

      Every time you step into a courtroom, look at the flags. Do any have a gold border around them? California's flag do have a gold border around them - you might as well not count yourself in the USA or even on US soil. Irrelevant, in terms of double jeopardy. Article I, Section 13 of the California Constitution:

      "No person shall be twice put in jeopardy for the same offense"
      --
      If a job's not worth doing, it's not worth doing right.
    103. Re:Linux defence by BalkanBoy · · Score: 1

      > my faith in the legal system 'getting the right guy' is almost null

      I think Hans Reiser is ecstatic that you are not on his jury then....

      --
      'A lie if repeated often enough, becomes the truth.' - Goebbels
    104. Re:Linux defence by Atario · · Score: 2, Insightful

      The erosion of the right to a trial by jury should scare the hell out of all of us.
      As should the erosion of the public education system. That's something that undermines jury trials (by making juries dumber) as it does all other areas of a society.
      --
      "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
    105. Re:Linux defence by Khyber · · Score: 1

      You might want to read this.

      Mississippi pulled this shit on me, I'd expect any other state to do the same damned thing.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    106. Re:Linux defence by sashang · · Score: 1

      Depends on the error rate there though. For arguments sake, assume juries are hopeless and have a high error rate (i.e. they make the wrong decision in 50% of the cases), whereas the magistrate is getting it right closer to 95% of the time. Then if you're innocent of the charge you're probably better of going with the bench trial and if you're guilty go for a jury trial because they have a higher probability of making the wrong decision. I think that juries are probably more open to a persuasive argument and more vulnerable to preconceived ideas (e.g. OJ Simpson trial) rather than facts and what's in front of them.

    107. Re:Linux defence by NateTech · · Score: 1

      Twelve Angry Men is a PLAY that was adapted to a movie, and then another modern re-make. The play is (like most things turned into movies) better than any movie.

      Watch for it at a local (real) theater. Most good theaters put it on fairly regularly.

      --
      +++OK ATH
    108. Re:Linux defence by Hal_Porter · · Score: 1

      That's what John George Haigh believed but it isn't true.

      http://www.imdb.com/title/tt0327392/

      Actually if you think about it, it can't be true. Otherwise all murderers would get rid of the body and then be safe from prosecution.

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    109. Re:Linux defence by mwvdlee · · Score: 1

      Most just want to right a book

      That one's just too easy.
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    110. Re:Linux defence by Aladrin · · Score: 1

      Why does it matter? A -year- with no evidence whatsoever. How it that fair no matter why he couldn't get bail? That's a year of his life he'll -never- get back. I don't know about you, but I have precious little time as it is. Losing a year would be like losing a limb.

      --
      "If you make people think they're thinking, they'll love you; But if you really make them think, they'll hate you." - DM
    111. Re:Linux defence by Erikderzweite · · Score: 1

      >I have little trust in democracy - it is government by incompetent people. You have to have studied government in order to be able to govern. Besides, the proles are more likely to act based on emotions, not on facts.

      Don't be silly, modern democraties, especially the US model, is just a way to manipulate crowds. Given enough money for election campaign you can make people to elect a monkey for president. And I don't have to prove it, do I?

    112. Re:Linux defence by BrentH · · Score: 1

      But what's so intrinsically desireble in having a jury of my peers? Having a fair trail seems to me to be the most important, for everyone.

    113. Re:Linux defence by orgelspieler · · Score: 1

      good point. All I could find were numbers on Russia, Ohio and Russia, New York. Damned Wikipedia!!!!

    114. Re:Linux defence by sumdumass · · Score: 1

      hmm... Interesting. I will have to look for it.

      I always likes the older movie better.

    115. Re:Linux defence by anagama · · Score: 1

      Maybe the confession is a lie -- maybe it isn't. I doubt they're current friends though because of the affair Nina had with Sturgeon. Seriously, though, if the court isn't going to let in information concerning the quality of the friends Nina took, that would be pretty unfair. Thus far, the prosecutor's case is a bunch of people saying "she would never leave her kids -- she was a wonderful mother and her kids meant everything to her". This plus some conjecture that Hans killed her because of some odd behavior on his part. The case seems extremely thin to me. I'm embarrassed that someone could get life in prison, or death, based on conjecture and virtually no evidence of guilt.

      --
      What changed under Obama? Nothing Good
    116. Re:Linux defence by Jeruvy · · Score: 1

      Remember, this is NOT the system, this is the COMMUNITY's perception of the process. And people are never biased or wrong ever...

      The system isn't perfect but if people would remember that your innocent UNTIL tried and convicted, you'd be better off. Law-enforcement isn't a part of this, their job is to find all the reasons to bring charges against you and to provide evidence of said. Not to proceed that he's innocent. If they thought he was innocent, they wouldn't have charged him.

      Now whether or not you think there is any abuse of process in this case is another question, but just reading the media feedback on this shows that like any other murder trial, the community has already made their minds up one way or the other instead of trying to look at this open minded and awaiting it's outcome.

      --
      Jeruvy
    117. Re:Linux defence by Workaphobia · · Score: 1

      From the selected articles I read on that page, it seemed like the defense attorney was begging for that kind of treatment. I wouldn't assume that the judge decided to be an asshole preemptively.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
    118. Re:Linux defence by Workaphobia · · Score: 1

      I've never sat on a jury, but I've been Voir dire'd, and the one thing I took away from the experience was how condescending the system was - I suppose it's out of necessity. It was almost overwhelming, how much they tried to stress certain points and how cliche the attorneys were. I was excused, probably because they only needed a few more jurors by the time I was called, but I'm almost certain that demographics played an important role. I'm a college student, and the case was about drugs; therefore it must have been much safer to excuse me, than to take the chance that I'm naive or stubborn enough to play right into the defense's hands.

      --
      Evidently, the key to understanding recursion is to begin by understanding recursion. The rest is easy.
  2. So I married a Kernel Programmer by Anonymous Coward · · Score: 0
    1. Re:So I married a Kernel Programmer by Anonymous Coward · · Score: 0

      "It wasn't me. You can check my journal...."
      --Hans Reiser

  3. Jury Selection - Sept 2007 by Anonymous Coward · · Score: 0

    Prosecution: Have you heard of the charges against Hans Reiser?
    Dave Chappelle: Oh yea, Reiser did that shit.

    1. Re:Jury Selection - Sept 2007 by Anonymous Coward · · Score: 0

      What Linux programmer DOESN'T have a scrubbed, blood-stained front passenger car seat? I've got one right here - doesn't mean I did anything.

    2. Re:Jury Selection - Sept 2007 by Anonymous Coward · · Score: 0

      I thought the quote was: 'Virgins have to bust their cherry on SOMETHING' :)

  4. don't know mr. reiser by JeanBaptiste · · Score: 1

    but this doesn't sound good

    When you give me a hard stare and (inaudible) that you are very good at combat, your request that I drop domestic-violence charges against you, it very much sounds like another threat
    snip
    You don't need to prove to me that you are a strong man. I never questioned that.


    telling your wife you're good at combat? lol. I can almost imagine this as the comic book guy saying it.... and the marines are good at combat, hans reiser probably not so much.

    1. Re:don't know mr. reiser by dasbush · · Score: 1

      The judge read that as inadmissible because it would cause the jury to become biased on a non-factual (emotional) level. Apparently he was right.

    2. Re:don't know mr. reiser by morgan_greywolf · · Score: 2, Interesting
      Yeah, that's nothing the jury is going to see, though.

      Here's what's bad in my mind:

      Morasch testified that [Nina Reiser] had recently paid her utility bills and even paid $150 to register her car with the California Department of Motor Vehicles. The testimony was gleaned by Hora in a bid to convince jurors that Hora believes Nina Reiser would not voluntarily disappear without her money while keeping her bills up to date.

      Earlier testimony showed nearly $2,000 in cash was found in her Oakland apartment, and her inside her van the authorities found a $2,100 check made out to her landlord that she never delivered. Now, guys, tell me: If you're planning on disappearing to Russia, do you make out a check for your landlord and stuff it in your van, never to be delievered? Because that's basically Hans' defense at this point -- that she volunatarily left for Russia. Now, it's still possible that she involuntarily left for Russia, but the defense, thus far, hasn't presented any evidence at all that this happened, either.

    3. Re:don't know mr. reiser by bhima · · Score: 1

      If I was planning to frame my ex?

      Not only yes. But HELL YES.

      --
      Nothing in the world is more dangerous than sincere ignorance and conscientious stupidity.
    4. Re:don't know mr. reiser by downix · · Score: 1

      quite right, nor any evidence she hadn't. Don't forget, their children now stay with her mother due to the case, which means if she were as he has indicated, that is a manipulator, would she not have done such small things to give that impression?

      Then again, he could be a cold blooded killer. Either scenario is equally likely in my mind based on the evidence presented thus far.

      --
      Karma Whoring for Fun and Profit.
    5. Re:don't know mr. reiser by calebt3 · · Score: 1

      Because that's basically Hans' defense at this point I am not very creative, but if I was planning to kill my wife (not that any /.er has one), I would almost definitely come up with something more plausible than "she went to Russia". How lame is that?
    6. Re:don't know mr. reiser by Anonymous Coward · · Score: 1, Insightful

      "Now, guys, tell me: If you're planning on disappearing to Russia, do you make out a check for your landlord and stuff it in your van, never to be delievered?"

      That depends on exactly how much planning she put into it doesn't it?

      If we are to believe that people can snap and go into a homicidal rage, why can't we also believe that people can do stupid things when they are emotional. Including running away to another country.

      You can't present one while ignoring the other.

      "Now, it's still possible that she involuntarily left for Russia, but the defense, thus far, hasn't presented any evidence at all that this happened, either."

      And precisely why should they? Obviously the quickest defence would be to produce his wife alive and well. It disturbs me greatly when people start saying that the defence hasn't proven his innocence. That is not how the justice system is supposed to work in the US. It is up to the prosecutor to prove that he killed his wife, not for the defence to prove she ran away. The defence's only job is to highlight weaknesses in the prosecutor's case. This may include providing an alternative theory as to what happened, as they have done in this case. (She left the country)

    7. Re:don't know mr. reiser by CrimsonAvenger · · Score: 1

      If I was planning to frame my ex?

      Not only yes. But HELL YES.

      Perhaps. Would you give your ex your children just before you framed him? Somehow, I think not.

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    8. Re:don't know mr. reiser by morgan_greywolf · · Score: 2, Insightful

      And precisely why should they? Obviously the quickest defence would be to produce his wife alive and well. It disturbs me greatly when people start saying that the defence hasn't proven his innocence. That is not how the justice system is supposed to work in the US. It is up to the prosecutor to prove that he killed his wife, not for the defence to prove she ran away. The defence's only job is to highlight weaknesses in the prosecutor's case. This may include providing an alternative theory as to what happened, as they have done in this case. (She left the country) The purpose of the defense is to create "reasonable doubt" in the minds of the jurors. Saying 'she went to Russia' may or may not create reasonable doubt in the minds of the jurors in and of itself. What we know is:

      • No one has seen her since September 3, 2006.
      • The prosecution has assumed that Hans Reiser murdered her based on his erratic behavior immediately following her disappearance and the fact that...
      • ...when they arrested him, he had $9,000 on him and his passport.
      • The prosecution has yet to find the body, despite having performed extensive searches in the area.
      • When Nina Reiser disappeared, she left $4500 in the bank untouched, she had paid a bunch of bills and was about the pay her rent, and she had $2000 in cash in her apartment, which was also untouched.
      • Hans Reiser has been most uncooperative with the authorities.
      • Has presented some forensic evidence (in her minivan) that suggests that she was murdered or at least seriously injured at the time of her disappearance
      • The defense has provided some statements from prosecution witnesses that may create reasonable doubt, but hasn't produced a shred of evidence (so far) that backs up Reiser's defense. To be fair, the prosecution is only just about to rest its case, though.


      And we can deduce that:

      • Either she left involuntarily (was kidnapped), she left in an awful hurry, she was murdered by someone other than Hans Reiser, or she was murdered by Hans Reiser
      • The prosecution has presented lots of (so far) mostly circumstantial evidence that suggests that Hans Reiser may have murdered Nina Reiser and was prepared to leave the country in order to avoid getting caught
      • The defense still hasn't shown when or how Nina Reiser left the country with $0 and without a vehicle or a cell phone.
      • The onus is on the defense to back up its claims at this point.


      But what I do know? My entire legal expertise hangs solely on what I read in layman's periodicals and books, what I read on the Internet, and, of course, watching shows like "Law & Order". :-D

    9. Re:don't know mr. reiser by Vendetta · · Score: 1

      But they aren't exactly giving any reasonable doubt when they say that she went to Russia without backing it up at all. If you have an alternate theory, shouldn't you back it up, at least a little bit?

    10. Re:don't know mr. reiser by Hognoxious · · Score: 2

      But they aren't exactly giving any reasonable doubt when they say that she went to Russia without backing it up at all.
      Nothing apart from the fact that she's Russian, her mother's in Russia and her kids are in Russia with her (and IIRC she sneaked them there without his consent and won't allow them back to testify).
      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    11. Re:don't know mr. reiser by Anonymous Coward · · Score: 1, Interesting

      telling your wife you're good at combat? lol. I can almost imagine this as the comic book guy saying it.... and the marines are good at combat, hans reiser probably not so much.

      Hans Reiser earned a black belt in judo under Bill Cahill, who testified as much earlier in the trial. In unarmed combat, Reiser could probably make most Marines submit.

      When you know that don't know what you're talking about, why continue talking?
    12. Re:don't know mr. reiser by Anonymous Coward · · Score: 0

      Because that's basically Hans' defense at this point

      Whoa! Slow down. That's not Reiser's defense. Reiser's main defense is that there's no strong evidence of him killing her.

      If an infallible oracle were to declare that she's dead rather than in Russia, Reiser's defense wouldn't be very badly damaged. The Russia story is just a possible explanation for her disappearance.

      Now, it's still possible that she involuntarily left for Russia, but the defense, thus far, hasn't presented any evidence at all that this happened, either.
      He doesn't need to (although it would certainly help). He's just casting doubt.
    13. Re:don't know mr. reiser by Trogre · · Score: 1

      Uh, if the mother's in Russia, then how was it that she was sobbing in a witness stand in a US court?

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    14. Re:don't know mr. reiser by sponga · · Score: 1

      Don't be delusional

      Her mother was on the stand testifying while she was crying.

    15. Re:don't know mr. reiser by morgan_greywolf · · Score: 1

      One thing you need to remember: all murder cases are decided by a jury of 12 people too stupid to get out of jury duty.

  5. Significance by millwall · · Score: 5, Funny
    What on earth is the significance of this?:

    The officer also testified the defendant flatulated in his face when the authorities were snapping nude photos of him Sept. 28, 2006. The officer said Reiser told him: "'You're about to experience chaos' and, for lack of a better term, he farted in my face."

    Jurors snickered and the defendant grinned.

    "Did you make a report of that?" DuBois asked the officer.

    "No. But it stays vividly in my head."
    1. Re:Significance by dasbush · · Score: 1

      Next time I'm about to fart on somebody's face, I'm going to say, "You're about to experience chaos."

    2. Re:Significance by aquatone282 · · Score: 1

      Apparently the officer wanted to be humiliated again, this time in a public court.

      --
      What?
    3. Re:Significance by jmac1492 · · Score: 2, Interesting

      Why were they taking nude pictures of Hans Reiser in the first place?

      --
      Jenny's got a new number! 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    4. Re:Significance by TeknoHog · · Score: 1

      You're about to experience the awe and mystery, that reaches from the deepest inner mind, to, the outer limits.

      --
      Escher was the first MC and Giger invented the HR department.
    5. Re:Significance by Anonymous Coward · · Score: 0

      Why were they taking nude pictures of Hans Reiser in the first place?
      Leave it to the San Francisco Bay area :P
    6. Re:Significance by teslar · · Score: 4, Insightful

      Why were they taking nude pictures of Hans Reiser from a distance small enough that it became possible for him to fart in the face of the officer?

      Unless dear Hans has a very violent flatulence problem, there can't have been more than a few inches between face and venting hole and that's quite freaky, none the least because of the implied relative positions of the two. It also raises several disturbing questions at least a few of which contain the word 'goatse'.

      Disturbing.

    7. Re:Significance by moonbender · · Score: 1

      Do document possible marks of a struggle, apparently. One of the official reasons for the police to humiliate people, I guess.

      --
      Switch back to Slashdot's D1 system.
    8. Re:Significance by Vegeta99 · · Score: 1

      Your sig is sooo fitting.

    9. Re:Significance by gfxguy · · Score: 1

      Strip search. Yes, they check there. That's how people smuggle things into prison. Why they were taking pictures? I don't know. They probably weren't, it was probably just all part of one session when he was being booked.

      --
      Stupid sexy Flanders.
    10. Re:Significance by megabeck42 · · Score: 1

      They were taking nude pictures to document any possible signs of a struggle. Try subduing a woman whom is convinced you're going to kill or rape her - you're likely going to end up with scratches, bruises, or marks.

      --
      fnord.
    11. Re:Significance by Anonymous Coward · · Score: 0

      Someone register reiserse.cx before the squatters get to it!

    12. Re:Significance by IdeaMan · · Score: 1

      Naw, just query Network Solutions for it and they'll squat on it for you.

      --
      They ARE out to get you simply because They are in it for themselves and they don't care about you.
    13. Re:Significance by Anonymous Coward · · Score: 0

      The nude pictures were presumably to check him for injuries, which would be evidence that he and Nina had been fighting.

  6. The Reiser Side Of... by Rob+T+Firefly · · Score: 1

    The Wired link is interesting if only for the sketches, which resemble the work of the "usual gang of idiots" from MAD Magazine. All that's missing is Sergio's doodles in the margins.

  7. And also... by fatp · · Score: 1

    http://boards.insessiontrials.com/forumdisplay.php?forumid=465
    (Well, this is not blog... Does it really matter?)

  8. For those who don't know who by esocid · · Score: 2, Informative

    Hans Reiser is a programmer who developed the ReiserFS file system as well as Reiser4. He's on trial for the murder of his wife who disappeared in 2006.

    --
    Absolute power corrupts absolutely. indymedia
    1. Re:For those who don't know who by JeanBaptiste · · Score: 1

      Also, the internet is not so much like a truck but more like a series of tubes.

    2. Re:For those who don't know who by TheLostSamurai · · Score: 2, Funny

      Thank you, I didn't know and was somewhat confused. I still however, do not care.

      --
      I am Jack's complete lack of surprise.
    3. Re:For those who don't know who by esocid · · Score: 1

      I'm not quite sure why my parent post is getting modded as flamebait. I gave a description of what he's programmed and why he's on trial without adding any personal bias like I think he's innocent and the prosecution doesn't have anything in the way of evidence.

      --
      Absolute power corrupts absolutely. indymedia
    4. Re:For those who don't know who by Anonymous Coward · · Score: 0

      it's flamebait because it's a textbook karma whore, and also anyone how does know who hans reiser is (i would estimate >75% of slashdot readers) is going to call you out for being a patronising know it all.

    5. Re:For those who don't know who by esocid · · Score: 1

      Well, that wasn't my intention. The only reason I posted that was because I had no idea who he was and thought I'd enlighten anyone in my similar position, but I guess thanks for clearing up my confusion.

      --
      Absolute power corrupts absolutely. indymedia
    6. Re:For those who don't know who by LingNoi · · Score: 1

      it's flamebait because it's a textbook karma whore
      Since when the hell did flamebaiting have anything to do with karma whoring?! Are you a moron?
  9. I ponder the case by downix · · Score: 1

    It is a case without a body, nor evidence that the wife is dead and had not, as she threatened to do so I understand, returned home to her native Russia. The DA had better have some better evidence than a fart in the face, which is all I'd picked up thus far.

    --
    Karma Whoring for Fun and Profit.
    1. Re:I ponder the case by Anonymous Coward · · Score: 0

      The court of public opinion paints a picture of a guy with mental problems and a history of domestic abuse. We'll see if this pans out in an actual courtroom.

      Also for christ's sake, "Cops Find $9,000 and Passport on Hans Reiser" the guy was planning to skip town.

    2. Re:I ponder the case by downix · · Score: 1

      The man is worth how much, and is a foreign born, and you expect him to not keep his passport on him?

      heck, I kept mine on me for years.

      --
      Karma Whoring for Fun and Profit.
  10. here are your choices: by circletimessquare · · Score: 5, Insightful

    1. have no justice system at all
    2. have a human system of justice

    which means you have all manner of abuses and failures and stupidity at every step of the system

    those are your choices. 1 or 2. there is no

    3. have a perfect infallible system of justice

    sorry, never will be

    to have this sort of disdain for the entire justice system because it has human flaws doesn't make you wise, it makes you naive

    of course things can be improved, and that is where our disappointment in the system should be channeled. but this is not the vibe i get from some people. some people i get this vibe that they hate the idea of police and courts, rather than they'd like to improve them. which is an attitude which is bizarre and ignorant

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:here are your choices: by esocid · · Score: 1

      to have this sort of disdain for the entire justice system because it has human flaws doesn't make you wise, it makes you naive
      while that may be true, having a distrust or skepticism I think is wise, rather then the naievity that some people trust it as 100% infallible. Some of these comments have made me think of 12 Angry Men, which in short is about a murder trial where a majority of the jurors decide that the defendant is guilty, and the minority (who think he is innocent) keep going over the facts that they believe point to his innocence. I won't give away the rest of the plot for those who may want to watch it, but my point is sometimes jurors just see what one side, defendant or prosecutor, is telling them to be true without being skeptical and examining the facts themselves. Some people just want to take the quick route and go home rather than being empathetic and imagining what it would feel like to be the defendant wishing that the jurors would give his/her case the time required to come to a sound conclusion (no matter what that is).
      --
      Absolute power corrupts absolutely. indymedia
    2. Re:here are your choices: by Mark+J+Tilford · · Score: 1

      There weren't any facts that pointed to the defendant's innocence; juror 10 kept pointing out weaknesses with the evidence.

      --
      -----------
      100% pure freak
    3. Re:here are your choices: by Anonymous Coward · · Score: 0

      Actually what we really need is the BCS system from college football ported over as a jury system. After all since the BCS is able to flawlessly rank teams, it should have no problem ranking someone guilty or not guilty.

    4. Re:here are your choices: by vendorx · · Score: 1

      Declaring the U.S. justice system fundamentally broken is not 'naive', nor does randomly pointing out the irrelevant fact that all justice systems involve "people" make it so. This is a perfect example of a belligerent, narrow-minded person willing to lash out in ignorance against others without thinking through what their position might be.

      The U.S. legal system can be clearly demonstrated to be unworkable by simply studying its current foundation and operating principles. First off, the legal system involves a body of legal texts operating at multiple levels which are inaccessible to the public. The sheer scope and detail of the legal system precludes even large bodies of lawyers from comprehending it fully, requiring many to devote entire careers of research to deal with various legal cases and issues. If you don't believe this, find a lawyer who would ever recommend defending yourself before a court. From the host of local ordinances designed to give police excuses to stop and search people who are committing no actual crime to the tangled federal jurisdiction rules which allow the USSC to wash its hands of human rights violations across the nation while still allowing the Feds to wage war on people practicing legal activities under local state laws, the 'rules' are beyond the scope of the populace to understand sufficiently to challenge those working 'within' the legal system.

      Add to this the fact that those designed to represent the citizenry. The people you need to hire to do things like defend you or interpret law for you, are now part of a purely private, purely profit oriented sector. This only helps convolute the legal system as these forces struggle to reinvent the law to further profit minded orientations. Neither the law nor the citizenry is the primary focus of their behavior, profit is. As a result, and as we've regularly seen, money defines court outcomes, not justice or even legal rational.

      And as for juries, someone asked what the odds were of getting twelve idiots. They seem to forget a stage in most trials by jury called jury selection, in which both sides pick and choose their jury, working as hard as possible between them to find the twelve most gullible, least attentive people they can. Under circumstances like that, the odds are pretty damned good. And the lawyers better at picking juries that play to their strengths will, of course, be hired by the more powerful legal entities and be hired out to those who can pay the most for their services. Again, don't believe me? The refusal of so many to challenge the legal teams of large corps like Wal-Mart or Microsoft, while still being overeager to take on any case going after smaller local entities, no matter how frivolous, clearly illustrates this fact.

      And we haven't even gotten into the rampant corruption riddling major police forces, the excessive powers of judges, the refusal of 'The Bar' to govern itself, blah blah blah blah. There's nothing naive about understanding these facts undermining the foundation of law in the U.S. There's only grotesque hostility and ignorance from people too stupid and self absorbed to even try and understand views they don't already agree with.

    5. Re:here are your choices: by Snuhwolf · · Score: 1

      Did you ever hear of the inocence project? More than 100 people have been exhonerated due to DNA evidence. The system is far less reliable than you imply it to be.

    6. Re:here are your choices: by syousef · · Score: 1

      Except of course that the "human" justice system can vary from a single judge with no accountability deciding a person's fate irrevocably, to a system where multiple people check each other's results according to a system of rules that are as far as they can be made.

      Presenting just two black and white choices (1 - justice system or 2 - no justice system) without seeing that there is room for improvement from a system that has its origins in superstitious medieval societies in which people typically couldn't read or write makes you the naive one.

      The GP never argued for a perfect legal system or for the abolition of the legal system. He complained that the standards he'd seen in the jury room were shocking to a reasonable man and mean that miscarriages of justice are very likely.

      I really do wonder about slashdot moderation when posts like yours get modded up.

      --
      These posts express my own personal views, not those of my employer
  11. totally off-topic... by neumayr · · Score: 1

    ...but what the hell is indymedia.com supposed to be? Looks like some scumbag grabbed that domain for the advertisement value of http://www.indymedia.org/.
    Which is kind of hilarious.

    --
    Truth arises more readily from error than from confusion. -Francis Bacon
    1. Re:totally off-topic... by esocid · · Score: 1

      Thanks for making me aware of that. indymedia.org was what I meant to type. guess I got in that '.com' habit when I made my sig. /fixed it

      --
      Absolute power corrupts absolutely. indymedia
  12. Linux & Murder by jlherren · · Score: 5, Interesting

    What disturbs me a bit is that one of the blogs doesn't mention the word 'linux' even once, while the other mentions it in almost every entry: "Hans Reiser -- the popular Linux programmer who is accused of killing [...]", "The trial of the Linux programmer, who is accused of killing his estranged wife", "Hans Reiser, the Linux developer accused of murdering his wife", "the 31-year-old estranged wife of the Linux programmer who authorities say murdered her"...

    Of course, his work on the linux kernel might be what he's most known for and if you don't know him, then mentioning that is the right thing to do. But mentioning it so often creates an odd and disturbing link between 'murder' and 'linux'. Especially since as far as I know, his work on linux plays absolutely no role in the murder case.

    1. Re:Linux & Murder by roggg · · Score: 1

      Especially since as far as I know, his work on linux plays absolutely no role in the murder case. As far as you> know. MUHAHAHA!
    2. Re:Linux & Murder by neumayr · · Score: 1

      Didn't you get the memo?
      Linnics users are commies, Linnics users become Linnics developers. Commies are killers.
      -> Linnics developers are murderers.
      q.e.d.

      --
      Truth arises more readily from error than from confusion. -Francis Bacon
    3. Re:Linux & Murder by Anonymous Coward · · Score: 0

      But mentioning it so often creates an odd and disturbing link between 'murder' and 'linux'. Only if you're a fucking idiot.... or you're one of those idiots that sleeps with tinfoil wrapped around their heads....
    4. Re:Linux & Murder by GodfatherofSoul · · Score: 1

      You've just given me a FANTASTIC idea! Joe Shady Microsoft PR Rep

      --
      I swear to God...I swear to God! That is NOT how you treat your human!
    5. Re:Linux & Murder by Alain+Williams · · Score: 1

      He is a Kernel file system hacker, not a Cyrus Imap hacker -- they have the wrong man :-)

    6. Re:Linux & Murder by Otter · · Score: 1
      But mentioning it so often creates an odd and disturbing link between 'murder' and 'linux'. Especially since as far as I know, his work on linux plays absolutely no role in the murder case.

      Wired is covering it in detail for the same reason it gets so much mention here: Reiser's filesystem work. It's not like either outlet spends a lot of time on random murder trials.

    7. Re:Linux & Murder by Anonymous Coward · · Score: 0

      The blog you're referring to is Wired's I assume? They're a tech mag/blog, so they're going to try to remind readers why the heck they're bothering to cover a murder trial. I doubt they're trying to portray all Linux programmers as sadistic killers since I bet they* comprise fair share of their readership.

      *They meaning "Linux programmers", not sadistic killers. It's well known that sadistic killers read "Highlights" magazine.

    8. Re:Linux & Murder by Chris+Brewer · · Score: 1

      Yes, and almost every time Microsoft is mentioned, chair-throwing inevitably creeps in.

      --
      Consultancy: If you're not part of the solution, there's money to be made in prolonging the problem
    9. Re:Linux & Murder by Anonymous Coward · · Score: 0

      So Linux now breeds Murderers as well as communists? - Balmer

  13. Jurisprudence by mcrbids · · Score: 4, Insightful

    the worst part, have you ever sat on a jury? I have been in 2 and some people's "justifications" are insane. One trial 2 women were willing to send the guy down the river 30 secodns after we got in the room, they based it on what the DA said that the judge told them to strike from the record. It was pure fantasy on the DA's part and we were instructed to not consider it.

    People are people. They are this way today, were this way 10 years ago, they were this way 200 years ago. That's why we have a jury system so rigged such that a *single* person can hang the jury and let the defendant go.

    we spent the next 8 hours going over things and trying to get these ditsy two to actually think. And this is the norm in Jury duty.

    See?! It works! This is why the jury system is so beautiful! (And why it sucks so bad for those of us that think a little bit) Most people suck. But the odds of everybody sucking when you get 12 random people together drops rather dramatically.

    Welcome to jurisprudence! BTW: my heart-felt thanks for serving on jury duty!

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
    1. Re:Jurisprudence by nomadic · · Score: 1

      See?! It works! This is why the jury system is so beautiful! (And why it sucks so bad for those of us that think a little bit) Most people suck. But the odds of everybody sucking when you get 12 random people together drops rather dramatically.

      13, actually, since a judge can (and often will) reverse a guilty verdict if he or she thinks the prosecutor hasn't made their case.

    2. Re:Jurisprudence by Deagol · · Score: 1
      See?! It works! This is why the jury system is so beautiful! (And why it sucks so bad for those of us that think a little bit) Most people suck. But the odds of everybody sucking when you get 12 random people together drops rather dramatically.

      But it's not a truly random selection of peers. That's a fatal flaw right there. The jury selection process itself is a pitiful glimpse at how the system works. At my selection, there was a pool of possible jurors -- 12 initially selected to sit, and another 12 standing by. Each side was allowed to kick 4 of us to the curb, and if either side *still* wasn't satisfied, after replacing 8 of us, then the entire pool would be re-drawn. And that's what happened to us, so I never got to sit at trial.

      I was selected for jury duty in a domestic abuse case. I was actually looking forward for it -- my employer paid my full salary while on jury duty, so long as I gave them the court stipend I received. Anyway, all of my peers jokingly told me before I went, "If you want out, just tell them during selection that you're college educated!" Sure enough, during the selection, everyone was asked (among other things, like "what magazines do you subscribe to" -- WTF?!?) what level of education they had.

      I lost (a lot more) confidence in our legal system that day.

    3. Re:Jurisprudence by Creepy+Crawler · · Score: 1

      That's the same with me right now.

      I'm from a rural county in Indiana, and I was recently chosen for the second quarter of this year for the jury pool.

      I await to see if there's any crimes that aren't settled before court takes place. After reading here, I can't say that I expect to much. However, what does give me hope is that our county is extremely political, in that they do seem to read a lot of happenings in our county government. The weekly paper and its 2 pages of opinions from readers shows that to be true.

      What I do know is I'll be the hellish juror: I won't stop to think of deadlocking a jury if there's no evidence, or bad circumstantial at best. The higher the crime, the more proof I need. You want me to sit on a death penalty trial? Sure. Better have some damned good proof, else I'll jam up your works.

      As the old saying goes, I'd rather let 9 guilty people go free than imprison 1 innocent, but I'd take responsibility of letting them go free myself. We jurors are the highest means to acquit, and even nullify laws (I dare not say that in court though). I do not take my responsibility lightly.

      --
    4. Re:Jurisprudence by Anonymous Coward · · Score: 0, Insightful

      It's pretty crap to be judged by 12 of your peers that aren't smart enough to avoid jury service.

    5. Re:Jurisprudence by Anonymous Coward · · Score: 0

      You mean "12 random people who were too stupid to evade jury duty"...

    6. Re:Jurisprudence by Anonymous Coward · · Score: 0

      I'm 27 and I've yet to be summoned to jury duty. I called my local county office one day to see if I could at least check if I'm on their lists as a potential person to be selected and they said "we can't do that".

    7. Re:Jurisprudence by Bryan+Ischo · · Score: 2, Insightful

      Or possibly "12 people who were too ethical to avoid their civic duties" ...

    8. Re:Jurisprudence by PCM2 · · Score: 0, Offtopic

      Anyway, all of my peers jokingly told me before I went, "If you want out, just tell them during selection that you're college educated!"

      Actually, being a single, white, unmarried male professional is probably enough to get you kicked off a jury in a domestic abuse case. It's nothing personal, you're just less likely to be sympathetic to the defendant than other demographic groups. I'm usually dismissed without any comments or questions from the attorneys in such cases.

      --
      Breakfast served all day!
    9. Re:Jurisprudence by Anonymous Coward · · Score: 0

      It's pretty crap to be judged by 12 of your peers that aren't smart enough to avoid jury service.
      An old and tired meme. Although an inconvenience, having served on two I considered it as part of my Civil Service, and a free exercise of my Liberty to secure it. Youth, and only youth, perpetuate this lack of responsibility to themselves and their community. Fortunately, we have attorneys on both sides of the aisle which happily dismiss you from such a duty which even you and others admit you are incapable of performing.

      In reality,

      It's pretty crappy to be judged by 12 of your peers known to avoid jury service.
    10. Re:Jurisprudence by Dun+Malg · · Score: 1

      It's pretty crap to be judged by 12 of your peers that aren't smart enough to avoid jury service. Some of us don't want to avoid jury duty, and it has nothing to do with intelligence. I work for a government entity, so I earn my full salary, but sitting on a jury I work shorter hours. Smug pricks like to joke about how juries are full of idiot postal workers and senile elderly folks, but it's just not the case.
      --
      If a job's not worth doing, it's not worth doing right.
  14. Professional Juries by Anonymous Coward · · Score: 0

    This is why many want professional juries. Of course lawyers don't want this because it means they'd have to actually know the law and work rather than strut and conjecture BS wholly unsupported by the facts. This combined with independent judicial reviews would be excellent first steps to fix our completely broken legal system.

    1. Re:Professional Juries by SlashWombat · · Score: 1

      Truth, Justice, ... and the American way.

  15. Easy Fix by maz2331 · · Score: 0

    Here's an easy fix for apathetic schmucks on juries who convict without evidence...

    Make them take an oath that if they come to the wrong decision, THEY do the time instead, and give up their entire estate to the defendant.

    That will put an end to convictions without evidence in about 10 milliseconds.

    1. Re:Easy Fix by Arthur+B. · · Score: 0, Flamebait

      I fully agree. The only way to morally deal with the possibility of judicial errors is to make the jury legally responsible for the error. You send an innocent to the death row? You're convicted of murder (at least manslaughter).

      --
      \u262D = \u5350
    2. Re:Easy Fix by sumdumass · · Score: 2, Insightful

      No, not necessarily. Because there wouldn't be the wrong decision. There also wouldn't be an encumbrance to acquittal. So if I was afraid of falsely convicting someone and serving the time they were sentenced, then the easiest way out of it is to acquit and not have anything hanging over me at all.

      The only way you could determine the wrong decision was made is to replay the entire trial to people who haven't talked about it or the outcome in any way since the conclusion. the easiest way to get around that might be to seat two or three juries and take the popular opinion. but anything done after the fact has the benefit of information not present in the original trial being presented as well as information being presented differently. If the first jury didn't buy that the reasons his fingerprints where on the gun and powder residue on his hands was because he took it to the shooting range the very same day it was used to kill someone, they could bring in others at the shooting range that saw him shooting it. If he claims it was stolen on the way home and there was a police report about it, then he has a plausible excuse for something that would normally be a conviction of guilt.

      but it wouldn't have to stop at that. Anything could keep the fact the same and be presented differently if only in the words being used to change how convincing something is. The prosecutor could say something different and lose creditability and so on. It wouldn't be the same trial and the decisions wouldn't be the same.

      Maybe forcing the jury to do interviews with the state and defense counsel and allowing stuff discovered in this way to be grounds for a retrial could be the answer. Otherwise, it depends on the other members to be reasonable enough and assertive enough to make the right things happen.

    3. Re:Easy Fix by Erwos · · Score: 2, Insightful

      Correction: it'll end all convictions, period.

      There's absolutely no reason for me to put someone away if I can be personally punished for making a mistake, but not be personally rewarded for making the right decision.

      --
      Plausible conjecture should not be misrepresented as proof positive.
    4. Re:Easy Fix by maz2331 · · Score: 1

      Of course the suggestion is a little over-simplitic, but you have to start somewhere. The key is that the investigators, prosecutors, and courts have near-zero personal liability even when they act maliciously.

      Actually, what's needed is to find out who in the system was responsible for what the jury heard or didn't hear. Quite often it will probably be the prosecutor who does the time (can you say "Nifong" boys & girls) for hiding exculpatory evidence or putting forth a bogus case. Other times it could be a cop or witness with an ax to grind who abuses the system.

      Frog-marching an occasional jury, judge, cop, and/or prosecutor would work wonders.

      But...

      Unless the jury can be shown to have received deceiving testimony, they should be held to account. Use the same standard as in any other negligence case for this.

      And the whole concept of a guilty plea needs to be abolished completely. Too many guilty people take "the deal" and get off light, whereas an innocent who pleads their case can be ramrodded into a major sentence. Make all cases go before the jury (properly sworn to personal liability) and a whole lot of bad cases are simply... gone.

      Oh... and if acquitted, the courts should pick up the defendant's legal bill and reimburse for lost wages and other damages incurred.

    5. Re:Easy Fix by Anonymous Coward · · Score: 0

      Actually, I'd like to see you fix applied to the DA. If they withhold evidence or commit other forms of misconduct that results in a sentence, they should go to jail. If the defendant is falsely put on death row, they should be charged with attempted murder. If they acted in good faith, I have no problem, but if they tried to game the system to get a conviction, they are criminals and should be treated as such.

    6. Re:Easy Fix by Atlantis-Rising · · Score: 1

      Unless the jury can be shown to have received deceiving testimony, they should be held to account. Use the same standard as in any other negligence case for this.

      This would cause the entire legal system to collapse. No jury would convict if they were personally liable. There would be no reason to do so and every reason not to.

      And the whole concept of a guilty plea needs to be abolished completely. Too many guilty people take "the deal" and get off light, whereas an innocent who pleads their case can be ramrodded into a major sentence.

      Plea bargaining is problematic. However, in the system as it stands, it's not going to go away. The courts only hear between 2-5% of criminal charges; the others are dismissed or plea-bargained away. If you get rid of plea-bargaining, either the number of people charged needs to drop dramatically or the number of judges needs to increase dramatically.

      Oh... and if acquitted, the courts should pick up the defendant's legal bill and reimburse for lost wages and other damages incurred.

      Why should the Court be responsible? Perhaps you mean the Attorney General's office? Again, you create the same problem. Why would the DA/ADA prosecute if s/he is going to be held liable for doing so?

      There's a reason why, generally, officers of the court are immune while in the exercise of their duties. It's because otherwise, the system would fall apart, just like without privilege.
      --
      "It is possible to commit no errors and still lose. That is not a weakness. That is life." -Peak Performance
    7. Re:Easy Fix by Znork · · Score: 1

      if I can be personally punished for making a mistake,

      Well, they'd have to put you in front of a jury to punish you, of course.

      And, of course, civic duty, mumble mumble, doing the right thing, mumble, its own reward, mumble.

      Really, tho, the system should contain more incentive to reach the *right* verdict, rather than *a* verdict or a sides verdict, and while that might include the jury, it should definitely contain stronger incentives for the other members of the system.

    8. Re:Easy Fix by stdarg · · Score: 1

      I think the prosecutor is more to blame most of the time. The jury doesn't have the resources to investigate everything, they have to believe what they're presented with. The prosecutor has all the resources of the State, and yet so many of them don't give a crap, or purposely ignore the truth. Look at the prosecutor in the Duke Lacrosse case... the ONLY reason he got in trouble was that he took on some very rich people who don't mind spending a few pennies on vengeance.

  16. "Jury of your peers" by CarpetShark · · Score: 2, Interesting

    Agreed; I'd hate to end up in court over ANYTHING. Guilty, innocent, or entirely unaware of what I was being accused of, I'd probably still push the wrong buttons on the jury, just be being a geek.

    One thing I find interesting though, is the legal systems assertion that you're entitled to a "jury of your peers". What exactly do they mean by that, I wonder? Can you say you consider your peers to be other geeks? People of the same non-judgemental religion? Literally, peers on your P2P network? Other pimps? ;)

    1. Re:"Jury of your peers" by TheSkyIsPurple · · Score: 1

      > Agreed; I'd hate to end up in court over ANYTHING

      What he said!

      I was in a civil case, I was accused of something extremely vague. It took nearly $20,000 of attorneys fees just to nail her down to something I could actually start defending against. In the end, it was just a sham, to try to get money from me (since I was her ex-husbands friend), and since she had nothing and I was running out, settlement was the only option.

      Sort of an official version of:
      "Give me $10k"
            "No"
      "OK, I'll compromise for $5k"
            "WTF?"

    2. Re:"Jury of your peers" by Luke+Dawson · · Score: 1

      That's why you have Voir Dire, so you can reject potential jurors that might have a conflict of interest or other prejudice that hinders them from rendering an impartial verdict.

    3. Re:"Jury of your peers" by CarpetShark · · Score: 1

      Yes, but how far does that go? Can I reject people just because I suspect they won't think like a geek? It's one of the few ways I can see of getting a fair trial, but I can easily imagine the law arguing that, if I could select based on thinking style/opinions, I could keep selecting until I found people who already thought me innocent before the trial started.

    4. Re:"Jury of your peers" by juan2074 · · Score: 2, Informative

      I was kicked off the jury on a DUI trial because I actually know how the DataMaster BAC tester works, and that there is a large margin of error that prosecutors don't want you to know about -- even though every measurement device has some imprecision and inaccuracy.

      At least two other jurors already thought the defendant was guilty if the police and prosecutor said so. And they served on the jury.

    5. Re:"Jury of your peers" by Sique · · Score: 1

      In the Magna Carta (where the wording comes from) it meant "people of the same rank".

      --
      .sig: Sique *sigh*
    6. Re:"Jury of your peers" by Anonymous Coward · · Score: 0

      Sounds like you would have saved $10k if you settled straight away

    7. Re:"Jury of your peers" by G00F · · Score: 1

      If I was ever arrested bot something technology related, such as copyright infringement, etc. I would ask my lawyer to weed out anyone who is not a geek. Not that all geeks feel the same as me, at least they will understand the issue better.

      --
      The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive
    8. Re:"Jury of your peers" by TheSkyIsPurple · · Score: 1

      She was suing for $750,000.00, plus forcing my employer to terminate me... so in the end I got off relatively cheap, compared to the suit.
      But compared to the $0.00 that was deserved... not so much

    9. Re:"Jury of your peers" by teaserX · · Score: 1

      Just so we all understand...peers == not lawyers and not judges.

      --
      We really need your help
      http://www.gofundme.com/help-sherry
  17. It has changed . . . by arizwebfoot · · Score: 2, Interesting

    My late Dad, a retired Cop used to say, "We would rather let 9 guilty ones go free to protect the 1 innocent."

    Now it seems that the cops think "We'll convict 9 innocent ones to get the 1 guilty."

    --
    Beer is proof that God loves us and wants us to be happy.
    1. Re:It has changed . . . by Daimanta · · Score: 1

      And guess what, both situations are fucked up.

      The first one because it shows that murder pays off(you do not get caught).

      The second one because you throw innocent people to jail.

      --
      Knowledge is power. Knowledge shared is power lost.
    2. Re:It has changed . . . by OrangeTide · · Score: 1

      The first one because it shows that murder pays off(you do not get caught). No, you just get away with it 90% of the time, the other 10% of the time you are punished. Seems reasonable to me.
      --
      “Common sense is not so common.” — Voltaire
    3. Re:It has changed . . . by Daimanta · · Score: 1

      You would probably beg to differ if you were the victim in one of those 90% cases. Furthermore, it reduces the faith in the justice system, which is a highly dangerous thing(think vigilante and mob justice).

      --
      Knowledge is power. Knowledge shared is power lost.
    4. Re:It has changed . . . by OrangeTide · · Score: 2, Interesting

      A victim's feelings is no basis for a justice system.

      Like it or not most criminals get away with many crimes before they are caught. this is today's reality, where are your vigilantes?

      --
      “Common sense is not so common.” — Voltaire
  18. well yeah, you've underlined the other extreme by circletimessquare · · Score: 1

    i was complaining about the morons who have 0% faith in the system

    you are complaining about the morons who have 100% faith in the system

    both extremes, of course, are moronic

    the true attitude we should all have is found somewhere in the middle

    the justice system, like most human endeavours, is severely compromised and insufficient and error-prone and manipulated

    and yet, life without it is even worse

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  19. He's so guilty! by tjstork · · Score: 2, Interesting


    Nina Reiser discussed mediation between the two in the e-mail, which she apparently wrote on June 19, 2005. The judge said the jury will hear a redacted portion of the e-mail. Goodman then read sentences from Nina Reiser's e-mail that the jury will not be allowed to hear because the prejudical effect outweighs the probative value: "I will not continue mediation if you keep threatening me. When you give me a hard stare and (inaudible) that you are very good at combat, your request that I drop domestic-violence charges against you, it very much sounds like another threat. I warn you that if you are going to communicate with me in this manner, I will have to end mediation and report it to the police. However, threats are not part of the mediation process."

    But of course, that's not admitted.

    --
    This is my sig.
    1. Re:He's so guilty! by russotto · · Score: 4, Insightful

      The stuff in the email about threats is Nina's words and Nina's interpretation. It may even be a deliberate lie; Nina could have known it could be subpoenaed and used later in court proceedings. Certainly it wouldn't be the first time there was a false accusation of abuse or threats in a divorce and custody case. Your response to it that it indicates Hans Reiser's guilt demonstrates why the judge felt it was prejudicial.

    2. Re:He's so guilty! by tjstork · · Score: 1

      The stuff in the email about threats is Nina's words and Nina's interpretation. It may even be a deliberate lie; Nina could have known it could be subpoenaed and used later in court proceedings

      Or maybe, she was just threatened.

      --
      This is my sig.
    3. Re:He's so guilty! by NeoOokami · · Score: 2, Insightful

      The problem there is that we only have a response to a possible threat, not the threat itself. That's not to say that there wasn't, but it doesn't necessarily mean there was one either. It's also odd that they were able to dig up the email responding to the threat, and not the threatening email itself?

    4. Re:He's so guilty! by tjstork · · Score: 2, Interesting

      The problem there is that we only have a response to a possible threat, not the threat itself. That's not to say that there wasn't, but it doesn't necessarily mean there was one either. It's also odd that they were able to dig up the email responding to the threat, and not the threatening email itself?

      As it is, the Judge ruled out that evidence from being included. So now the jury doesn't know that she felt that she was being threatened by Hans so much that she was in negotiations with him to drop charges she filed against him. That right there is motive. He killed her to keep her from going to the police. Hans might have logically concluded that, if she lives, then, he goes to jail, so, why not do her in and hope to get away with it.

      I wonder why it is, here, that I am a basically patriarchal right winger, but I'm way more inclined to believe the Nina is a victim of the brutal husband theory, than I am to believe in the innocence of the man? And, on the flipside, I wonder why it is that so many liberals otherwise sympathetic to feminist causes, particularly Europeans, are more willing to believe that Hans is innocent! One would otherwise intuit that we right wingers, feeling so obviously threatened by the notion of empowered women, that, we would be more open to Hans's point of view, and similarly, lefties would be sticking up for Nina in droves. But here, it seems to be completely flipped? I wonder if it has to do with a European prejudice against the American judicial system? I wonder if they think that Law and Order is how American courts actually work? [ they don't ].

      --
      This is my sig.
    5. Re:He's so guilty! by glwtta · · Score: 1

      That right there is motive. He killed her to keep her from going to the police.

      Perfect! Why waste time on trials and evidence when we have conjecture?

      One would otherwise intuit that we right wingers, feeling so obviously threatened by the notion of empowered women, that, we would be more open to Hans's point of view, and similarly, lefties would be sticking up for Nina in droves.

      That logic is unassailable.

      --
      sic transit gloria mundi
    6. Re:He's so guilty! by eataTREE · · Score: 1

      Given that this was a private communication between Nina and Hans, what possible motivation could she have to lie? They both know what was said between them. Nina would be extremely unlikely to convince Hans that he said something that he knew he did not say, so why bother?

      I have to say that this looks very bad for Mr. Reiser. That his estranged ex-wife should complain of his violent threats, a month before she disappears under suspicious circumstances, may not be proof in and of itself, but it is still strongly suggestive of his guilt.

    7. Re:He's so guilty! by Anonymous Coward · · Score: 0

      The theory that Hans reasoned logically that he better kill Nina, and then carried out the plan, makes no sense at all, given the amount of incriminating evidence that he left around.

      I like to hope that he is innocent, but I can give some credibility to the idea that in the course of meeting with her in the middle of their nasty and stressful divorce, they got into an argument during which he flipped his lid and killed her in a fit of rage, then tried to cover it up afterwards. There is some chance that this is what happened.

      However, the guy is not an idiot, and there is zero chance that he pre-planned such an idiodic murder in advance. If he was going to do that, he would have done a much better job avoiding leaving evidence, and he also would have gotten out of the country a lot faster. It would have made even more sense for him to keep his hands out of it altogether, instead calling in the Russian mob to create an "accident" while he was away on business, or something like that.

      So the theory of a pre-planned murder just holds no water.

  20. Lawyers should have to show familiarity with logic by Futurepower(R) · · Score: 2, Interesting

    "We spent the next 8 hours going over things and trying to get these ditsy two to actually think."

    Most people are not consistently able to be logical. Even judges often give me the impression that they are lucky not to be programmers. They are sometimes so unable to be logical that they would not be able to debug their programs.

    States often hold cases in local city neighborhoods so that it can be comfortable for people to observe. For example, I watched a state supreme court case in an auditorium at a local junior college in which a man was being tried for doing something that was illegal when he did it, became legal later so that he was allowed to go without punishment, and later was made illegal again. The prosecutor was like an attack dog; he gave the impression he wanted to convict anyone for anything.

    The state supreme court judges seemed sleepy; they seemed willing to put in an amount of energy that was comfortable for them, not the amount of energy necessary to make the right thing happen.

    To serve in government, there should be comprehensive tests of ability to be logical. Maybe no one should be allowed to be a lawyer except if he or she wrote a complicated program and debugged it.

    We live in a culture that is absolutely dependent on careful logic. However, people who are logical aren't respected. Our culture is also absolutely dependent on understanding of technology, but people who understand technology are called disrespectful terms: "geeks" and "nerds".

    The amount of money available to corrupt the local governments and the federal government in the United States is huge. Millions are available to elect those who are intellectually lazy or easily influenced to be corrupt, judges included. In my state, some judges are elected; the money to create recognition of their names apparently comes from those who want corruption.

    Read your state laws. They were written by people who were elected for their popularity, not for their ability to be logical, leaving numerous opportunities for corruption. Laws often (usually?) have numerous logical shortcomings, such as edge cases which often happen but are not considered by the law. A programmer who didn't handle exceptions would be fired; people like George W. Bush, who has apparently never shown any willingness or ability to be carefully analytical, are re-elected.

    Another part of the problem is that lawyers make far more money if the law is confusing and illogical.

  21. Other options by cumin · · Score: 1

    You're technically right, but you hint at a tremendous breath of possibility for improvement without making those suggestions.

    Allow me to offer some of those options:

    1. Do away with the lawyers
    2. Elect jurors and pay them accordingly. (Strict limits against multiple consecutive terms, conflicts of interest, etc)
    3. Create a weighted system for crimes with lack of evidence, lack of witnesses and nonviolent crimes being heard more quickly than strong cases
    4. Give judges the option to hear cases without juries taking personal responsibility for decisions proven to be wrong. If a judge condemns a murderer to death, and it is proven the condemned was innocent, the judge is executed. If the judge finds the murderer innocent, and it is proven later that the defendant was guilty, then the judge is disbarred and banned from office. Most crimes would still be heard by jury, but it would allow judges to hear cases with obvious outcomes quickly.

    Every one of these suggestions would dramatically change the system of justice in the US, and each would come with its own set of new problems. If I were less prone to keeping comments short, I could write pages worth of evaluation of each of the suggestions above and they're an off the cuff group to begin with. There is absolutely no reason we cannot change our justice system for the better, and there are plenty of people who could offer better solutions than some random /. poster. The real question is whether we believe they would be better. The system may suck, but it sucks less than many others. If we're not satisfied with it though, lets not dismiss the possibility that there could be a better one but I'm with you on your end point, let us dismiss those who criticize without suggesting improvement.

    --
    Back in my day when we chiseled our bits into stone and sent them by mule train from village to village...
  22. There is indirect link by Anonymous Coward · · Score: 1, Funny

    Here is a link in one sentence:
    Hans was regularly going to Russia to hire Russian hackers to work on reiserfs (now included into Linux tree), and this is the location where he ordered Nina (from Russian Bride catalogue), who became his wife...

    see?

  23. Unfeeling moderators: NOT "Funny". by Futurepower(R) · · Score: 1

    "Hans Reiser killed his wife..." See this comment from on old Slashdot story: "My personal opinion is that she is not in Russia."

  24. Do you need a Jury? by Anonymous Coward · · Score: 0

    As a swede, and proabably speaking for most of us, we laugh at your "justice system" where Don Joe's and the usual hillbillies are supposed to form a "jury". In our country (and I think most of Europe) we don't have juries. We have a justice system with professionals analysing the case and a judge doing the judgement (hence the name 'judge' I suppose).

    You should really implement this. Too many hillbillies (and yes, we have them in Europe too), would directly say "guilty" or "not guilty" after 10 seconds, and then stick to it no matter what (more or less).

    It is a scary system you have.
    Now, ours isn't perfect. Far from. But we have never had this extremely decision-powerful arbitrary group of people having anything to do with the case. Just look at how mobs and other gangsta dirt bags are (and have been) threatening citizens from the jury. Surely it can happen to professional law-people, but they can have the training and backup to stay objective.

    1. Re:Do you need a Jury? by jcr · · Score: 1

      It is a scary system you have.

      Our system is a final check on government power, and that's come in handy on many occasions. A jury's conviction can be overturned, but an acquittal can not.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    2. Re:Do you need a Jury? by Shakrai · · Score: 1

      As a swede, and proabably speaking for most of us, we laugh at your "justice system" where Don Joe's and the usual hillbillies are supposed to form a "jury". In our country (and I think most of Europe) we don't have juries. We have a justice system with professionals analysing the case and a judge doing the judgement (hence the name 'judge' I suppose).

      Laugh all you want, but those "professionals" work for the state, do they not? In Common Law countries it's tradition that the state doesn't get to put you away without convincing a jury of your peers that you did in fact commit the crime in question.

      --
      I want peace on earth and goodwill toward man.
      We are the United States Government! We don't do that sort of thing.
    3. Re:Do you need a Jury? by Ibn+al-Hazardous · · Score: 1

      No, in fact we don't have such a system.

      We have a system where we have a judge and a bench. Sitting on the bench are ordinary people. The difference is that they are not sitting on the bench for one trial or two, but for a lot of trials. They are appointed by the political parties (but usually not politicians themselves).

      Our courts are modeled on the old "ting" (gathering - a > 1200 year old tradition), though it is many times removed from it. The big difference is that we do not have the system of common law (we did away with that som 800 years ago).

      --
      Yes, I am a biological organism. All rumors to the contrary are just that, rumors.
    4. Re:Do you need a Jury? by Jimithing+DMB · · Score: 1

      You are apparently just displaying your ignorance. Remember that the U.S. justice system with juries was an improvement over the prior justice system that had no juries. The idea is that if 12 average people acquit you, you are acquitted. There can be no retrial. If 12 average people convict you the judge still has the power to overturn it and acquit you. It's a rarity but it does happen when the judge looks at the facts of the case and decides that the prosecution did not make a sound legal argument. Note though that to a judge circumstantial evidence is still evidence so I think Hans is probably going to be found guilty. The majority of cases are based on circumstantial evidence. It's not like criminals are going to help the prosecution make the case by leaving all sorts of clear evidence of the crime.

      Occasionally this means that people get acquitted for something they are very likely to have done. And of course sometimes people get convicted for something they did not do. But you cannot blame the jury system for that. That is no more likely to happen in the jury system vs. the non-jury system. The bias is heavily in favor of the defendant. Both a jury and a judge have to convict a man. If either one acquits him, he's free.

      And that, frankly, is about the best we can do. Some people argue that judges should be appointed and not elected so they don't have to bow to political demands and indeed our Supreme Court is stocked with lifetime appointees. At the local level though it's far more common for judges to be elected. Even if the jury convicts a man and the judge does not acquit him because it would be dangerous to his political career there is still a chance that an appellate court will overturn it. And if that fails there's a chance that the state's supreme court will overturn it. And if that fails there's a chance that the federal Supreme Court will overturn it.

      You have to be very guilty to be convicted of anything in this country. Even if you are found guilty there are a lot of chances to get it overturned. And if you cannot afford an attorney there are thousands of them that you can contact who will take on your appeal pro bono. Reiser may even get one of these attorneys after he is convicted. And he may not be convicted if the jury doesn't believe the lab worker who changed her story.

    5. Re:Do you need a Jury? by jamar0303 · · Score: 1

      Well, how about a combination of the two? A jury of 9- 3 judges and 6 people.

      --
      OSx86 FTW
    6. Re:Do you need a Jury? by Eunuchswear · · Score: 1
      Beware of accusing people of ignorance when you want to spout stuff like:

      Remember that the U.S. justice system with juries was an improvement over the prior justice system that had no juries.
      What is this prior system of which you speak?
      --
      Watch this Heartland Institute video
    7. Re:Do you need a Jury? by Jimithing+DMB · · Score: 1

      I do apologize. I was treating OP as if he was an American and thus should have learned of this in primary school. Obviously he was a Swede since he identified himself as such. And for what it's worth, most Americans wouldn't remember that they'd learned it in primary school, much to our detriment.

      The prior system would of course be the very old (pre-Norman) Engish system and the systems generally used throughout Europe, even today. So give the Brits credit since it is English Common Law that brought about the jury trial. It was the U.S. though that codified it in its constitution and almost immediately refined it in the 7th amendment to the constitution.

      Doing some limited googling it seems that the big change with the U.S. system was that trial by jury is the default in the U.S. system whereas trial by jury had to be requested under Common Law. Under the U.S. system you can request a "bench trial" meaning that the judge alone will rule on the case. Therefore, if you feel the evidence does not show your guilt but a jury may find you guilty because they don't like you you can waive your right to a jury trial and have a judge decide the case purely on its merits. Therefore, if you like the Swedish (and much of the rest of Europe) system you can simply request it.

      I wish I could think of it now but at least I recall being told probably way back in middle school or something that the right to a trial by jury was considered of utmost importance to prevent political imprisonment. That is, people were being imprisoned by the English for treason with only English-appointed judges making this verdict.

      Remember that the U.S. system is explicitly designed to allow another revolution. In a sort of queer way though the very things that allow for a revolution allow us to avoid a revolution. Reagan commented on this in his January 1981 inaugural speech which is probably one of the greatest speeches of all time.

      It should be noted though that revolution did happen once in our history and failed. Historians later referred to it as the civil war which is somewhat inaccurate.

    8. Re:Do you need a Jury? by Eunuchswear · · Score: 1

      The prior system would of course be the very old (pre-Norman) Engish system and the systems generally used throughout Europe, even today.
      You seem to think that juries are a wonderful new invention, not yet adopted by those funny foreigners. Some countries that don't have jury trials don't because they got rid of then (Germany, India). Some countries that most people think don't have jury trials actually do (France, Sweden).

      Most countries that do have jury trials restrict them to criminal (felony) cases rather than petty offences.

      (One fun twist was that in France people were often reluctant to have jury trials as it used to be impossible to appeal the result of a jury trial - the people had spoken, that was that.)

      --
      Watch this Heartland Institute video
  25. Logic is in the eye of the beholder by Infonaut · · Score: 1

    Maybe no one should be allowed to be a lawyer except if he or she wrote a complicated program and debugged it.

    Lawyers are trained in logic, but they use words rather than mathematical constructs. Judges are not trained to rely purely on logic, and they bring in their experiences and personal preferences. It is impossible, and likely not desirable, to have a legal system that is run by humans attempting to engage in robot logic exercises. The worst excesses of the law are as likely to be from logic divorced from reality as from excess emotion.

    The ability to debug a program is not always an indicator of capability in pure logic. You likely know some programmers who are marginal at best, and some who have finely honed logic skills. Then there are mathematicians who embrace logic in a more pure form than most programmers you'll ever meet. Logic of that sort is, like all human abilities, relative.

    Laws are indeed made by elected representatives who were chosen for a wide variety of reasons by a conflicted mass of people who can barely agree on anything. But can you seriously imagine what a group of mathematicians and programmers would do if elected? Have you ever worked in a university? Have you seen the ego wars and backbiting and general b.s. that happens? The ability to perform mental calculations in the cold, abstract world of computers and math doesn't necessarily translate at all to the fuzzy-edged world of human beings. It would be nice if the world of human interaction could be reduced to formulas, but that just isn't the way things are. And that's why, sad as it is, we have a complicated legal structure and bozos in public office.

    Another part of the problem is that lawyers make far more money if the law is confusing and illogical.

    Here's a first year law school problem for you. Try to write a rape statute. Write down what you think the definition of rape should be and the punishments for it. Then show it to three female friends and three male friends and ask them to poke holes in the statute.

    --
    Read the EFF's Fair Use FAQ
    1. Re:Logic is in the eye of the beholder by Anonymous Coward · · Score: 1

      I stopped reading right after the first sentence:

      Lawyers are trained in logic, but they use words rather than mathematical constructs.

      I see you've never taken any kind of higher level math class. Last I checked, all mathematical constructs are represented in words. Get a clue.

    2. Re:Logic is in the eye of the beholder by Infonaut · · Score: 1

      I see you've never taken any kind of higher level math class. Last I checked, all mathematical constructs are represented in words. Get a clue.

      I stand corrected. I should have said, "use words rather than numbers." I think you understand my point, however. Logic is not limited to numbers. If you want to bash lawyers, that's fine. But don't pretend that legal arguments are devoid of logic.

      --
      Read the EFF's Fair Use FAQ
  26. yes, constructivie criticism is good by circletimessquare · · Score: 1

    but "Do away with the lawyers"? wuh? how's that supposed to work?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  27. How to get rid of lawyers. by Lilith's+Heart-shape · · Score: 2, Funny

    Do away with the lawyers"? wuh? how's that supposed to work? Use a few in your movie, and make it snuff film. As for the rest of the lawyers, there are plenty of options. I favor the sledgehammer, myself, but a one-at-a-time approach to the eradication of lawyers is rather inefficient.
    1. Re:How to get rid of lawyers. by Antarius · · Score: 1

      Do away with the lawyers"? wuh? how's that supposed to work?
      Use a few in your movie, and make it snuff film. As for the rest of the lawyers, there are plenty of options. I favor the sledgehammer, myself, but a one-at-a-time approach to the eradication of lawyers is rather inefficient.
      Reminds me of the lawyer jokes that I had to endure when I was considering studying law. (Fortunately, I was talked out of it by a Magistrate during a short internship. She told me that I "had too much ethics" or "too many morals")

      Q. What do you call 10,000 lawyers at the bottom of the ocean?
      A. A Good Start.

      But where would we be without all of our lawyers and politicians? Scratch that question... Who would we make fun of without all of our lawyers and politicians?

      Cheers,

      Ant
    2. Re:How to get rid of lawyers. by Lilith's+Heart-shape · · Score: 1

      Scratch that question... Who would we make fun of without all of our lawyers and politicians? How about clergymen and people who take themselves entirely too seriously when arguing on the internet?
    3. Re:How to get rid of lawyers. by Antarius · · Score: 1

      Who would we make fun of without all of our lawyers and politicians?
      How about clergymen and people who take themselves entirely too seriously when arguing on the internet?
      Oi! Bastard! I resemble that remark!

      That's it! I'm taking my bat and ball and I'm going home!
  28. then the swedish system is absolutely inferior by circletimessquare · · Score: 2, Insightful

    the problem with judging cases with a professional class of adjudicators is that over time, the adjudicator forms an agenda, and his or her judgment becomes less and less about the actual case in front of them, and more about his or her abstract approach to a certain kind of crime. judgments on one case begin to color and cloud judgments on others. this is extremely dangerous

    btw, this effect is absolutely certain. it's called the seduction of power. no one is immune to it. to say anyone is immune to it, is to simply admit that one is also blind to their own weaknesses

    say for example you have an expert on dna evidence. the man has various personal opinions of his own on certain procedures and such. it is impossible not to have these opinions. anyone who studies any special class of knowledge has certian passionate opnions on the subject. it is impossible not to. no one devotes years of their life to a subject matter and has a robotic neutral outlook on the subject matter. its simply impossible. if someone had such a neutral uncaring attitude on a subject matter, they would never get involved in studying in it in the first place. catch-22

    so these underlying passions are always in danger of seriously clouding an experts agenda. there is no such thing as an expert on any class of knowledge that is also impartial and without an agenda. i repeat: it is impossible for a human being to be learned in a subject matter and not also have a dangerous (dangerous in terms of an ability to judge impartially) ideological agenda on that subject matter

    furthermore, much of education really isn't education, but indoctrination into the dominant opinion on a subject matter within a given academic clique. for objective sciences, like physics, or math, this is less so, but still prevalent. go ahead, ask any doctoral student in any university if there is no soap operas and cliquish political drama and pressure to conform to the dominant opinion. for soft sciences, like psychology and criminal justice, this effect is massive. the end result is those who are supposedly annoited with the most objective knowledge on a subject, also saddled with the most subjective attitudes and agenda on the subject matter

    this is why a jury of impartial peers is superior to a professional class of adjudicators: they don't care. your professional judging class of swedes DO care. about an ideologicla agenda. a concept absolutely anathema to the idea of impartial justice

    universities, by bequeathing the imprimature of truth and knowledge, merely rubber stamp and give weight and credence to something that is nothing more than intellectual fashion and vogue in the soft sciences. go ahead and compare dominant attidues on controversial topics from now and 30 years ago. you can say new research merely changes attitudes. except that a lot of this new research often boils down to the conclusions of folk wisdom from 5 centuries ago! pfffft. it's all bullshit

    so so-called experts have something to prove, an axe to grind. this will color their judgment on cases, espcially as they blur together. his or her judgment on cases begin to resemble less a search for impartial truth, and more a soapbox for him to push his agenda. i am deathly frightened of being judged by an "expert". he won't see and my case at all. he will see his or emotionally invested theories, and how my case befor ehim or her could prove or disprove his theories. frightening

    meanwhile, the stupid, uninterested guy on the street who would rather be drunk? i MUCH RATHER be judged by him. the experts can be in teh courtroom to guide him or her about scientific facts and opinion. and taken as one or the other, the man on the street can most definitely have some really bad prejudices. but averaged out over 12 people, those prejudices cancel out. those prejudices don't average out that way with a bunch of so called experts, all born of the same university clique, deciding amongst themselves who is deserving or not, simply because they conform to the same opinio

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:then the swedish system is absolutely inferior by Ibn+al-Hazardous · · Score: 1

      Don't go overboard like that. GP is wrong. You are right about what it would be like if GP would have been right.

      However, a problem with the American system is that you can game the jury. Anyone who doubts it need only watch a rerun of the OJ trials. I know they are not representative for American justice, but they do show that gaming the jury is a plausible strategy: Two trials, two outcomes - the man is both guilty and not guilty.

      --
      Yes, I am a biological organism. All rumors to the contrary are just that, rumors.
    2. Re:then the swedish system is absolutely inferior by Pantero+Blanco · · Score: 1

      aristocracy: it's the myth that some people are more competent than others. one class of people supposedly taken to be more trustworthy, intelligent, or more worthy to judge than the common man on the street. this is frankly an anti-democratic impulse. this swedish system of yours seems to be an anachronism form the time when the usa split form europe because of failed attitudes jsut like the swedish system of "justice" you describe

      if you find yourself with antidemocratic instincts like the poster above, putting his faith in a system based on perceived superiority of a class of people over another, take a deep breath, step back, and fix yourself. you are broken in a dangerous, authoritarian, fascist way

      From some parts of your post, it looks like you are also broken, though in a different way. For a democracy or republic to work, every person has to have an interest in the well-being of the nation and at least a basic understanding of how things work. A democracy that consists of one block who cares about little as long as they have entertainment, one block who cares about little as long as they can follow their religion, and one block who only cares about technological advancement will destroy itself.

      It's no "myth" that some people are more competent than others. In fact, some people are so incompetent that they have no business taking part in a decision that can affect the lives of others. This can be due to a genetic deficiency, to an injury or disease, to ignorance, or to simple apathy on the part of the individual. You can talk all you want about "perceived intelligence", but the retarded man who stumbles around barking at the neighborhood dogs is still retarded. The apathetic idiot who wants to watch ESPN all day still doesn't care.

      but the end results of aristocracy and classism is all the same: the french revolution

      Pick the book back up and keep reading. No revolution gives power to the people like you seem to think; they put new aristocracies in place, which can be good or bad.
    3. Re:then the swedish system is absolutely inferior by fast+penguin · · Score: 1

      Why do you say that the defense attorney gamed the jury on the OJ criminal trial?

      In my view, OJ won the criminal trial simply because the prosecution messed up. And the lawyers on the civil case learned from their mistakes. Civil cases are of course also different, they have more room to move (e.g. they showed more evidences, and they putted OJ on the witnesses bench). The most infamous stupidity on the prosecution part was of course the glove not fitting. But what I think had more impact -- at least on me -- was the policeman that found the glove was an admitting racist and had been previously found to fabricate evidences.

      --
      My worst enemy gave me a copy of Windows for Christmas.
  29. yes, lawyers absolutely suck by circletimessquare · · Score: 2, Insightful

    until you need one

    a professional class of people whom you hire to guide you through a complex legal system is absolutely a necessity because

    1. you will never find the time to learn the complexity of your legal system on your own unless you are a lawyer yourself
    2. if your legal system isn't complex, it is simple and brutal and you are living in a barbaric society

    so there's simply no way around lawyers. they are necessity. a disgusting necessity, but a necessity nonetheless

    when people say they hate lawyers, what they are really saying, in a deferred way, is they hate the fact that justice is a human, flawed endeavour

    that the lawyer class seems to attract the slimiest of human beings, rather than more virtuous ones, is an observation i won't touch, because i, er, agree with it

    oh what the hell: shoot lawyers on sight, you win ;-)

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:yes, lawyers absolutely suck by immcintosh · · Score: 1

      2. if your legal system isn't complex, it is simple and brutal and you are living in a barbaric society.

      That seems to be assuming a lot. To the point, there will always be some complexity to a justice system. Complex to the point where an intelligent person can not defend themselves? I think that's a lot harder to argue as being a necessity for an enlightened society... especially for an enlightened society.

      Personally, I blame the Sophists (proto-lawyers). Socrates was right in hating them...

  30. Nina Reiser was about $30,000 in debt... by Futurepower(R) · · Score: 4, Interesting

    From the blog published by Sfgate: "In all, Nina Reiser was about $30,000 in debt, he said."

    More testimony:

    "She seemed honest, right?" Du Bois asked.
    "She definitely seemed honest, yes," Erwin said.
    "You had the impression she was an honest person?" Du Bois asked.
    "Yes," Erwin said.
    "She exuded honesty?" Du Bois pressed as a juror in the front row appeared to have a bemused smile.
    "Yes," Erwin said.


    And this seems interesting, from the Wired blog:

    "The Reiser couple's young son, now 8 years old, had told local child protective services officials and testified before a different judge during a 2006 preliminary hearing that he did see his mother drive away after his mother left him and his little sister for the Labor Day weekend. Before the jury, he did not testify he saw his mother leave the house."

    This too:

    "But on Wednesday, the scientist testified on cross examination that errors she made meant it was unclear whether there was two sources of blood -- meaning it could be the wife's or the husband's -- or blood from both of them. She testified she was not '100 percent certain' whose blood was on the pillar.

    "It's an important distinction. There are two pieces of forensic evidence linking the husband to allegedly killing his wife. The other forensic evidence is a sleeping bag cover found in the defendant's car stained with the woman's blood. The rest of the evidence is circumstantial, including the husband's front passenger seat vanishing."

  31. While You Were Out by Doc+Ruby · · Score: 3, Funny

    I'm often curious as to what those faceless FOSS contributors are doing instead of programming while I'm waiting for them to deliver their next milestone, as they blow their next deadline.

    "Murder trial" usually doesn't occur to me. Usually something more like "new videogame release" seems more likely.

    --

    --
    make install -not war

  32. There are worse people than lawyers. by Lilith's+Heart-shape · · Score: 1

    oh what the hell: shoot lawyers on sight, you win ;-) There are worse people than lawyers, such as politicians. Of course, most of the politicians are lawyers who couldn't work their way up to pimping.
  33. you're somewhat amusing by circletimessquare · · Score: 1

    however, your atittude and your sig is disturbing. you have a profound mistrust of government, lawyers, and politicians. not that you should like them, but i think your severe dislike of them speaks more about your own personal failures in an ability to fundamentally trust than anything a lawyer or politician ever did to you. i wouldn't be surprised if your mistrust also poisoned your personal relationships. it is bad to trust too much in this world. it is also bad to trust too little

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:you're somewhat amusing by Lilith's+Heart-shape · · Score: 1

      but i think your severe dislike of them speaks more about your own personal failures in an ability to fundamentally trust than anything a lawyer or politician ever did to you.

      Perhaps it is. I don't trust people I don't know personally, and I don't trust people who don't know me personally. I don't know the politicians; they're not friends of mine, so why should I trust them? Why shouldn't I think that they'd fuck me over just because I'm part of a class of people that they can fuck with relative impunity? It's nothing personal; it's just another kind of shit that happens.

      That's what politicians do, after all: they fuck over individuals in the name of the "greater good", or the "general welfare", or the "public interest". Sometimes the common good coincides with my own good. More often than not, what other people say is good for society is inimical to my own good.

      I've been burned by authority figures before, and I've seen people close to me get fucked by authority. I've read history, and I pay attention to the news. As far as I'm concerned, George Washington was right: "Government is not reason; it is not eloquent; it is force. Like fire, it is a dangerous servant and a fearful master."

      i wouldn't be surprised if your mistrust also poisoned your personal relationships.

      If you had a personal relationship with me, you'd know that I trust my friends without reserve. However, you have to earn my friendship before you can earn my trust.

  34. Not all juries are that dumb by EdwinFreed · · Score: 1

    My first and only experience as a juror was the exact opposite. Everyone on the jury behaved completely reasonably and deliberations went quite smoothly. (Disclaimer: I ended up as foreperson.) The judge was also very competent - sarcastic, but competent. What wasn't reasonable was the case itself or either of the lawyers.

    Without getting into too much detail, the prosecution didn't even come close to proving their case. Had the defense attorney simply said "the defense declines to present a case and sends this to the jury without argument" we would have had no choice but to find the defendant not guilty on all six counts he was charged with (four of them quite serious).

    But rather than take this course what does the defense do? Why, they put the defendant on the stand and he promptly proceeds to make the prosecution's case for them! He admitted everything, claiming he acted in self-defense. Trouble is, uncontested physical evidence clearly demonstrated that four of the six counts couldn't possibly have been self-defense. My mouth was literally hanging open as I watched this guy convict himself and I could see that most of the other jurors were just as shocked.

    The first words out of one of the other jurors' mouth when we entered the jury room were along the lines of, "We should let this dumb bastard off and charge both the attorneys with incompetence!"

    Anyway, my advice to anyone serving on a jury where the case lasts for more than a day is to try and get to know the other jurors if at all possible. Go out to lunch together or something. You can't talk about the case but nothing prevents you from talking about other stuff. The only difficult part for the jury I was on was deciding the two counts where the self-defense claim could possibly have been legitimate. A little knowledge about the other jurors really helps when making decisions like that.

  35. False Choice by irritating+environme · · Score: 1

    You have presented two options as the only ones possible.

    You present scorched-earth "no justice" as the alternative of the current "broken" system.

    That is false choice. There are reformist or radical reimaginings of the justice system that could be better.

    --


    Hey, I'm just your average shit and piss factory.
  36. I often wonder by joeflies · · Score: 1

    that if he didn't name the file system ReiserFS, then would as many people be paying attention to this particular trial?

    1. Re:I often wonder by Atti+K. · · Score: 1

      Mod parent insightful. How many of you remember the name of the guy behind ext2/3 of xfs? Not to mention, ntfs? :)

      --
      .sig: No such file or directory
    2. Re:I often wonder by hitchhacker · · Score: 1

      good point. I'd add: How many know Donald Becker, and what he is known for? Would he be as well known had he not put his name in the kernel boot output for many network drivers?

      -metric

  37. "greater good" "general welfare" "public interest" by circletimessquare · · Score: 1

    these are valid concepts, everyone, including you, has a vested interest in. it benefits your life, whether you realize it or not. some entity has to represent these concepts

    i agree with you 100% that plenty of politicians do an awful job represrnting these concepts. but not all of them

    and there is no way, in this world, to protect and promote these concepts without a governmental body

    in other words, government is often a failure in the many ways you can demonstrate it is. and it is still essential to your life, and preferable to no government at all

    therefore, in order to be a morally and intellectually honest person, you need to stop attacking the concept of government and politicians, and start using your words and your thoughts to improve them

    accept the idea of government and poltics, make peace with the necessary evils of life in the real world. at the same time, fight with all your fury against bad government and bad polticians. get it? get the difference between that attitude and your current attitude?

    because currently, you sound like a big fool

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  38. huh? by circletimessquare · · Score: 1

    you just reworded my choice #2 and said i did not put forth that option

    just read a comment in its entirety before responding to it next time please

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  39. Re:"greater good" "general welfare" "public intere by Lilith's+Heart-shape · · Score: 1

    these are valid concepts, everyone, including you, has a vested interest in. it benefits your life, whether you realize it or not. some entity has to represent these concepts You're probably right, but that doesn't deal with the fact that far too often (and even once is one time too many), these concepts are used as code words. Most politicians, when they speak of the public interest, mean the interests of their backers.

    and there is no way, in this world, to protect and promote these concepts without a governmental body Then perhaps it is time to change the world, then. Or, at the very least, it is time to persuade people to change their minds, to learn to think for themselves instead of depending on leaders, to govern themselves instead of obeying authority figures. The Holocaust happened because people willingly followed orders. Abu Ghraib happened because the soldiers responsible believed that they were following orders. How many times are we going to keep letting shit like this happen before we figure out that centralized authority and the massive hierarchical bureaucracies needed to implement centralized authority are inimical to humanity's long-term survival?

    in other words, government is often a failure in the many ways you can demonstrate it is. and it is still essential to your life, and preferable to no government at all Government might be preferable to lawlessness, but only in the sense that it is better to pay protection money to one set of gangsters than to be prey to any gang that decides that you're worth their attention.

    therefore, in order to be a morally and intellectually honest person, you need to stop attacking the concept of government and politicians, and start using your words and your thoughts to improve them.

    Do I really? Consider this: the means to destroy all of humanity -- nuclear weapons -- are under the control of politicians. These politicians are no more intelligent than you and I, no more moral, and no wiser. If you're not willing to trust me with such destructive power (not that I'd want it), then why in the names of all the demons ever worshiped by man would you trust such power to people who actually seek out power over others? That's what a politician is: somebody who actively seeks authority over others.

  40. part of the american system is shit like oj: morons floored by celebrity letting off a double murderer

    and yet with that flaw, the amrican jurist system is still superior to the swedish classist one

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:yes by Ibn+al-Hazardous · · Score: 1

      I would like to point out that since you don't know much about the Swedish system, you are not qualified to judge it.

      Now, read very carefully: I do not claim the Swedish system is better, merely different - and also that the GGP obviously does not know how it works either. (In fact, there _are_ situations where we use the anglo-saxon jury system, primarily where freedom of speech is concerned.)

      So, anyway - how would you determine which system is better? Crime rate? False positive convictions? Inherent racism in the system?

      Or is it the fact that someone has a different system disturbs you?

      If there is one thing about the anglo-saxon system that makes me very much afraid, it is not that it is possible to game the jury. It is that it is possible to game the jury, and the result will become the letter of the law.

      --
      Yes, I am a biological organism. All rumors to the contrary are just that, rumors.
  41. we are making it better by circletimessquare · · Score: 1

    one big evolutionary step was democracy. in a democracy, you can have a moronic frat boy like gw bush in the white house, and in 4 or 8 years, he is gone. in other words, he does not hold absolute power, like vladmir putin, nor is the government controlled by a clique of technocrats in beijing, nor is it controlled by some cranky old men who say they speak for god, like in tehran, nor is it controlled by some asshole whose great granddady won a battle, like in monarchy

    what politicians do do, in order to win votes, is water themselves down to the lowest common denominator in their words to appeal to the most people. such that you are disgusted, rightfully, by their emptiness. and yet it is necessary to do this to appeal to the most bnumber of people weakly, rather than appealing storngly, to only a few, if you stick tight with your convictions

    and yet, this sliminess in democracy is still superior to authoritarianism, technocracy, theogracy, monarchy, etc.

    now you could improve upon this: not being beholden to corporations, for example

    but the way you are oging to do this is not by rejecting the valid functions that governments serve in society, but by enunciating a way to fulfill these functions in a way better than we currently do

    and no, firned, libertarianism or some flavor of anarchism is not that way, sorry. people don't govern themselves. they really don't. nothing about education or income level about it, sorry. get used to the fact. we'll do better osme day than we ar enow, absolutely, but by finessing the goals of the system, not by rejecting those goals

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  42. Democracy, my ass. by Lilith's+Heart-shape · · Score: 1

    in a democracy, you can have a moronic frat boy like gw bush in the white house, and in 4 or 8 years, he is gone.

    The man himself might be gone, but the executive orders he issued are still in force. The precedents he set (such as his liberal use of signing statements) remain. Any abuses of power that he might have gotten away with serve only to embolden the next person to hold the office.

    As for Congress, well, let's just say that Mark Twain was right: No person's life, liberty, or property are safe when Congress is in session. And, in the wake of Kelo vs. New London, CT, the same can be said about the Supreme Court.

    What we have isn't a democracy. It used to be a republic, but now it's just an oligarchy dominated by the military-industrial-congressional complex. I doubt that reform will be possible; there are too many people with a vested interest in maintaining the status quo. Revolution (violent or nonviolent) that replaces the existing government with a new one will do nothing but sow the seed of a new tyranny.

    but by finessing the goals of the system, not by rejecting those goals

    You make a mistake by reifying the government. The system has no goals. It is the people who run the system and exploit it for their own ends that have goals.

  43. your arguments are wrong by circletimessquare · · Score: 1

    1. if everyone is self-interested and barely invested in outcomes, a democracy still functions better than all other governmental systems so far devised by mankind. because your eager beaver citizen test is frankly, laughable: no average citizen, in any country that has ever existed, currently exists, or ever will exist will meet your standards. so you raise your eager beaver citizen litmus test as a valid concept simply out of your ignorance of the reality of humankind.

    people are mostly self-interested and inward. that's reality. who said your agenda was sueprior to theirs? who said what your list of what people should know about their world is a natural agenda? that's all your eager beaver litmus test is: "abide by my agenda, or you are bad citizen". what you propose is worse than ignorance and selfishness. you propose indoctrination into an agenda. that's what you "education" is, it's just ideological indoctrination. but, for the sake of argument, let's asusme you actually have a lis tof valid neutral educational items everyone should have. do you really think that is goign to be rammed down people's throats without some propaganda going along for the ride? remember, the government is doing this "educating", right? i'd PREFER people to be ignorant and selfish than your idea of what citizens should be: brainwashed. you don't know that's what your opinion means, but that's what it would be in the reality of its execution

    2. yes, i absolutely agree 100% with you: some people are most definitely more competent than others. after that, we radically diverge on the conclusions of that observation. i actually do believe that people are better and worse than other people, on a whole number of judgment calls. however, there is no one out there who can accurately measure those qualities in any trustworthy way

    therefore, you have no choice other than to start looking at people as equals, and let things fall as they may. proof by outcome of life. no test can test for the qualities that are important in leading, for example. the only honest way to look at your fellow human being is as an equal. there is no magic test or projected characteristic that is a shortcut for making a determination of a complicated quality of that person. race for example. income another example. all failures at judging someone's true value

    take a test for intelligence. can you even define intelligence? how incredibly complex a topic are we dealing with? do you honestly think it can be measured in such a way as to find the best leader out there? your standard iq test has things for example that put value in manipulating 3D shapes in your head. there are autistic people who can do that. meanwhile, some guy fails miserably on an iq test for manipulating 3D objects in your head. ok. that same guy is extremely gifted in many leadership qualities: persuasion, instilling trust, etc. so what is the point of this stupid iq test again in determining worthiness in life? zero

    so the idea of drawing people into classes in terms of good potential to lead or not lead, vote or not vote, is completely a nonstarter. it's not that people aren't better or worse than another. i believe in fact they are. it's just that there is no way to determine that objectively, so you can't go down that path in any moral or intellectually honest fashion to start trying to determine that objectively, or subjectively. the only thing you can do is treat everyone equally, even though you know they aren't. simply because there is no more morally or intellectually honest way to proceed

    3. "No revolution gives power to the people like you seem to think; they put new aristocracies in place, which can be good or bad."

    us democracy is poisoned by corporate money. the ideal democracy wouldn't be poisoned by money in this way. however, corporations influencing government via $ is a LOT BETTER than the heads of corporations outright running the country, which is what aristocracy is

    in other words aristocracy!=corporatocracy. corporatocracy is an e

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  44. you suffer form learned helplessness by circletimessquare · · Score: 1

    you are part of the system, and you can exert control in it

    this is absolutely true

    but you don't believe that, which points to a flaw in your personality and your psychology, not any superior understanding of reality

    http://slashdot.org/comments.pl?sid=254503&cid=19968459

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  45. Shit sammich vs. giant douche by Lilith's+Heart-shape · · Score: 2, Insightful

    you are part of the system, and you can exert control in it this is absolutely true Being able to choose between a shit sandwich and a giant douchebag every four years on the first Tuesday in November isn't exactly a hell of a lot of control. Did anybody tell you what the definition of an "honest politician" is? I'll tell you: an honest politician is one who stays bought.
  46. Do nothing vs. Bitch and still do nothing vs STFU by nunyadambinness · · Score: 0, Flamebait

    "Being able to choose between a shit sandwich and a giant douchebag every four years on the first Tuesday in November isn't exactly a hell of a lot of control."

    Then how about you stop pretending the only time anything political ever gets decided is "every four years on the first Tuesday in November" and get out there and actually do something in the meantime?

    Or is actual action too much for you, when you could sit behind a computer and whine like a bitch instead?

    You don't like a shit sandwich? Then stop whining Lucy and get YOUR guy elected. Oh, wait you're SURE it wouldn't happen, so that gives you an excuse for not even trying. Blah blah, save it, we got tired of your kind when the rest of us grew up. That shit you're spewing got old way before we finished high school, it's just that no one ever liked you enough to tell you.

    Local elections matter. State elections matter. Those occur more than "every four years on the first Tuesday in November". So stop pretending anything you say is accurate. You're just another whiny, overly opinionated do-nothing who thinks that bitching about things is equivalent to accomplishing something.

  47. Re: Grand Juries by equivocal · · Score: 1

    Round here Grand Jurors apply, provide references, and interview for a year-long term on the jury. These are not draftees who couldn't get out of jury duty.

  48. Re:Do nothing vs. Bitch and still do nothing vs ST by Lilith's+Heart-shape · · Score: 1

    Then stop whining Lucy and get YOUR guy elected. Been there, done that, got the t-shirt. Why don't you shut the fuck up and go work on that low-budget horror movie of yours?
  49. forensic evidence by ucblockhead · · Score: 1

    Forensic evidence IS circumstantial evidence.

    For example, if they found five gallons of her blood in his car, this would lead on to infer that he had her body in that car. This, it is circumstantial evidence that he killed her, not direct evidence that he killed her.

    Circumstantial does not mean "weak".

    --
    The cake is a pie
  50. Cthulhu coutrtoom by PCM2 · · Score: 1
    Wired really seems to be fishing for material to keep this trial interesting. Emphasis mine:

    All the while, the defendant gazed at his attorney to his left. Much of his pasty white skin was covered by the same dark dress coat he has donned since his trial began here three months ago. Jurors appeared un-animated.
    Yes folks, that's the latest, coming to you live from the courtroom at Innsmouth...
    --
    Breakfast served all day!
  51. Re:Do nothing vs. Bitch and still do nothing vs ST by nunyadambinness · · Score: 1

    "Why don't you shut the fuck up and go work on that low-budget horror movie of yours?"

    Why don't you pay attention to who you're conversing with so you can realize more than one person here feels it necessary to tell you you're full of shit?

    "Been there, done that, got the t-shirt."

    Like I said, excuses we've heard before. You couldn't have proven my point about you better if you tried.

  52. Bizarre lines of questioning at trial by LionMage · · Score: 1
    The defense attorney, William DuBois, had a weird exchange with one of the investigators which struck me as... well, very odd. Really made me wonder where he was going with this (as reported by Wired):

    Defense attorney DuBois, while cross examining Brock, got into a discussion about the husband's 1988 Honda CRX, which is a hatchback. [...] Then the pair began haggling over the size of the hatchback.

    "That's 23-cubic feet?"

    "That's right."

    "That seven feet by seven feet by seven feet?"

    (No response from Brock.)

    My only guess is that DuBois is trying to point out that Reiser couldn't have easily used his hatchback to transport a body, but I'm not really sure. All I know is, either DuBois is really bad with simple arithmetic, or he was making a point that sailed right over Brock's head. (Seven feet by seven feet by seven feet is 343 cubic feet. Twenty-three cubic feet, on the other hand, is a pretty tiny space. Yes, I'm sure you can cram a body into that, but it takes a bit of effort.)
  53. BUG in comment threading? by siglercm · · Score: 1

    I've noticed (as it appears to me in viewing it right now) a bug in comment threading in this article. The comment thread entitled "Linux Defense" ("If the tree doesn't balance, you must acquit.") is duplicated on two pages in its entirety when I view the comments at a -1 threshold. The initial comment that appears twice has the same comment ID number in both places -- it's not just a double post.

    Not sure if anyone will notice, or if this will help or not, but FWIW. Thx.

    --
    sigfault (core dumped)
    1. Re:BUG in comment threading? by hitchhacker · · Score: 1

      I havn't noticed that one, but I have noticed that several of my comments aren't showing up in my "user page" comments.

      -metric

  54. What if Teh Lunis was on trial? by Anonymous Coward · · Score: 0

    If Teh Lunis himself were on trial, would all the FOSSie community get together and bust him out of prison? Because obviously, even this case is a sham created by the MS controlled government, and is a bald attempt at discrediting Teh Lunix.

    First they came for teh file system FOSSies. Then they came for teh browzarz. Then they came for teh office applications. Teh they came for teh kernel, but FOSSies were left!!

    Rise up, FOSSies!! Rise up!! We must defend our right to create new text editors!!

  55. You're right; I am full of shit. by Lilith's+Heart-shape · · Score: 1

    Why don't you pay attention to who you're conversing with so you can realize more than one person here feels it necessary to tell you you're full of shit? Sorry I didn't pay better attention, but I was distracted by cramps. I've been constipated the last couple of days.
    1. Re:You're right; I am full of shit. by Anonymous Coward · · Score: 0

      "Sorry I didn't pay better attention, but I'm an idiot who likes to shoot of his mouth without bothering to know WTF he's talking about"

      FYP.

  56. Too much Law and Order... by Etrias · · Score: 1

    There seems to be this misconception that circumstantial evidence is inadmissible and therefore doesn't count. I got corrected on this by my wife and several friends who are lawyers. Circumstantial evidence still counts, there doesn't have to be a smoking gun for a conviction. I think people are swayed too much by the courtroom dramas on TV and see attorneys who yell "Objection! Circumstantial." and think it means something. It doesn't. It's a well-worn theatrical device to draw tension and emotion to the scene.

    The fact is all of those things mentioned are evidence, all of them are admissible, all of them can point to a guilty man. One suspicious thing pointing at Reiser may have been passed off, but you can't just throw off all of these things as mere coincidences.

    BTW, sorry for the late post, but that's what happens on a long work day without my /. fix. ;-)

  57. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  58. qwerty by Sithgunner · · Score: 1

    qwerty

  59. Re:yes, politicians absolutely suck by MrKaos · · Score: 1

    that the lawyer class seems to attract the slimiest of human beings, rather than more virtuous ones, is an observation i won't touch, because i, er, agree with it
    Well you shouldn't, because lawyers are the last line of defense between the people and the politicians passing the laws they want.

    You see when politicians want to pass a new suckworthy law, it is lawyers reading those laws and lobbying for them to be softened or abolished if politicians want to make it legal to impose full body cavity searches when you go to the airport. I have personally spent substantial amounts of time pawing over new laws in our "cybr-tewworism" society that would have made IT professionals liable for 15 years gaol (jail) for using a tools like netcat or nmap. As a coder, lawyers are the closest thing that I know as a kindred spirit. Law is at least as complex code and don't forget a fair bit of hostility is directed in OUR direction for controlling an everyday person's destiny on a computer.

    Sure not all lawyers are great people, but a lot of them volunteer their time to stop politicians passing stupid laws. So before you go criticising lawyers why don't you pick up a new stupid piece of legislation and start looking over it and see how poorly it is constructed. Put another way imagine what sort of code your local representatives would write and imagine it controlling your life, because that is the reality.

    Essentially a lot of lawyers debug the law. Sometimes they get it wrong because they don't know the specifics of a certain segment of society, like trying to debug code that you have no idea what it does - not easy. This is a big reason for IT professionals to (at least) examine laws that are related to IT so we get laws that make sense. I can tell you from experience it's well within a IT professionals capability to understand.

    --
    My ism, it's full of beliefs.
  60. hey moron by circletimessquare · · Score: 1

    you're replying to the wrong guy

    let's put it this way: if i have hope, am i a fool?

    and if you are certain we are all nothing but slaves for generation after generation, no hope of change, aren't you part of the problem? isn't the way you think the way a slave thinks? hopeless and helpless to exert any change?

    you have a slave's mentality: bitch and moan, but don't believe in positive change. for you, it's all the same, and never changes. that makes you a slave, and a loser

    i'm sorry i don't think like you

    i'm not a slave, like you

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:hey moron by Lilith's+Heart-shape · · Score: 1

      let's put it this way: if i have hope, am i a fool?

      You're a fool if you keep misplacing your hope. What part of "meet the new boss, same as the old boss" don't you understand? You will get fooled again. You will be lied to, and you will be manipulated, because it's part of human nature to obey and trust what you consider to be legitimate authorities.

  61. no, wrong by circletimessquare · · Score: 1

    any civilization of sufficient complexity is beyond the complete understanding of any one person, no matter how intelligent they are

    in fact, the richer and larger the civilization, the more complex. so your desire to see less complexity is actually a desire to see a more brutal stunted civilization

    you need to make peace with the fact that you will not be able to understand it all. no one will. and that's a good thing, as a measure of how large and rich our civilization has become

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  62. Winston Churchill knew that already. by jotaeleemeese · · Score: 1

    It is not like you are making a great discovery.

    --
    IANAL but write like a drunk one.