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John Terry charged by FA

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  • #16
    it is a right that can be waived and the right is to self incrimination.

    i think however it is geared at someone giving evidence in respect of one incident and incriminates themselves in another incident for which they were not charged. in any event my guess is that it would be in respect of their own investigation as their process is separate and apart from the legal system.

    Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe. Thomas Paine

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    • #17
      not solely, HOWEVER, it is a factor to be taken into consideration in coming to a decision. so that is why most criminal defendants choose not to take the stand, because they have that choice specifically because of the privilege against self incrimination. if they do open themselves up to cross examination and then invoke that right in respect of specific questions then it can be taken into consideration.

      also, if someone who is not charged is giving evidence in another matter and to answer a certain question will implicate them in somethng else, then that is the time to invoke it, and this is what the FA seems to be saying. so it seems that with that the FA extends that by saying that even if your answer incriminates you, we will not use it to charge you.

      Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe. Thomas Paine

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      • #18
        Originally posted by Gamma View Post
        it is a right that can be waived and the right is to self incrimination.

        i think however it is geared at someone giving evidence in respect of one incident and incriminates themselves in another incident for which they were not charged. in any event my guess is that it would be in respect of their own investigation as their process is separate and apart from the legal system.
        I think you meant - "the right is to [NOT] self [incriminate]"...no? So then, did the example I gave with Suarez being let off the hook hold up had he made a complaint first?
        "H.L & Brick .....mi deh pan di wagon (Man City)" - X_____ http://www.reggaeboyzsc.com/forum1/showthread.php?p=378365&highlight=City+Liverpool#p ost378365

        X DESCRIBES HIMSELF - Stop masquerading as if you have the clubs interest at heart, you are a fraud, always was and always will be in any and every thing that you present...

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        • #19
          yes. more interestongly, if in the hearing evra siad he used a racist word, they would not charge evra BUT i wonder if it would come into play as some kind of justification defence on suarez' part.

          Infidelity does not consist in believing, or in disbelieving; it consists in professing to believe what he does not believe. Thomas Paine

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          • #20
            Originally posted by Gamma View Post
            yes. more interestongly, if in the hearing evra siad he used a racist word, they would not charge evra BUT i wonder if it would come into play as some kind of justification defence on suarez' part.
            Well there you go. So if Suarez had complained first about Evra telling him 'bout his sista privates, then Evra couldn't have complained that Suarez called him "neh-gro" (...or any of the other 6,000 variations the liad claimed he was called). Any smart ass can now make sure they are the first ones to lodge the complaint! Jokers.
            "H.L & Brick .....mi deh pan di wagon (Man City)" - X_____ http://www.reggaeboyzsc.com/forum1/showthread.php?p=378365&highlight=City+Liverpool#p ost378365

            X DESCRIBES HIMSELF - Stop masquerading as if you have the clubs interest at heart, you are a fraud, always was and always will be in any and every thing that you present...

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            • #21
              I was referring to Suarez with "innocent".
              • Don't let negative things break you, instead let it be your strength, your reason for growth. Life is for living and I won't spend my life feeling cheated and downtrodden.

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