Brindle Boxer Found Near Death

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Amanda22

Boxer Booster
Now, I'm not a lawyer yet (3rd year law student) but will tell you what i think about whether your letters will have any impact

1. not at all in determining whether she is guilty or not-guilty (obviously, that is the DAs job)

2.probably not much, but maybe some with regard to sentencing. Again though, I know in MA, judges will sometimes read letters attached to cases as if they were "amicus briefs" or something similar. But, i think that usually skirts the line of being appropriate, especially given that all of the letters will be emotional pleas and not legal briefs (outlining the law and your take on it as would be the case with an actual amicus brief).

3. I think your time would be better spent writing and sending such letters to your state lawmakers in an effort to increase the severity/potential penalty for such offenses. Really, this sort of grassroots, letter writing effort can be very effective. After all, on many levels our laws are essentially in place to make judgments about behavior that we, as a society, find inappropriate or appropriate. Let your lawmaker know how innappropriate and detrimental on our society such behavior is and maybe you will have some cool legislator sponsor a bill to change the law and or the penalties attached.

Just my (not quite legit yet) opinion
Amanda
 

djsilvera

Boxer Booster
Originally posted by Amanda22
Now, I'm not a lawyer yet (3rd year law student) but will tell you what i think about whether your letters will have any impact

1. not at all in determining whether she is guilty or not-guilty (obviously, that is the DAs job)

2.probably not much, but maybe some with regard to sentencing. Again though, I know in MA, judges will sometimes read letters attached to cases as if they were "amicus briefs" or something similar. But, i think that usually skirts the line of being appropriate, especially given that all of the letters will be emotional pleas and not legal briefs (outlining the law and your take on it as would be the case with an actual amicus brief).

Just my (not quite legit yet) opinion
Amanda

Thanks for the information, Amanda! I still think that our letters would help out a lot. If the NH court realizes that a lot of people are watching the case and care about Fraser, then they would think a little harder about the punishment appropriate for Melissa Cere should she be found guilty. Whereas, if nobody cared about the case, then they might be overly lenient with the sentencing.
 

Amanda22

Boxer Booster
Then perhaps letters to the DA could help also. Let the DA know that you think that their office should press forward with the charges (and possibly add other charges as appropriate).

Amanda
 

jray

Boxer Insane
Whether the letters help or not it feels good to let them know how we feel. I sure feel good getting things off my chest and it may set a light off in their heads! And to possibly get things changed in that town on setting harsher sentences for these terrible people!


Jenny & Oskar
 

djsilvera

Boxer Booster
Originally posted by Amanda22
Then perhaps letters to the DA could help also. Let the DA know that you think that their office should press forward with the charges (and possibly add other charges as appropriate).

Amanda


I think you misunderstand our intent with the letter writing campaign. I don't think any of us believe that we should do the court's job. All we're doing is to make it known to the Clerk (formally) that a lot of people care about this case and that this case should not be treated lightly.

Really, sarcasm was not necessary here. We got your point from the first post.

We know that the crime happened. We're all mad about it. We also think that Melissa Cere committed the crime (she did turn herself in and she admitted to it). But we found this out through hearsay (various boards, etc), and whatever the case might be ... We still have to presume she's innocent unless the NH court proves that she's guilty.

Abandoning and torturing a dog is illegal under Chapter 644 of the NH Criminal Code. We're saying that should she be found guilty that we want her to get the maximum sentence permitted by NH law. Most of us are not lawyers, but we know that once guilt is established, the court still has great latitude over the sentencing. In a perfect world, justice will always prevail. But we don't live in a perfect world and I don't think we're doing a disservice when we remind people that we will be angry if it turns out that the punishment did not fit the crime.
 

marciafinn

Boxer Insane
I spoke with my aunt whose an attorney and she agrees we should also send letters to law makers to get harsher punishments for these crimes. She said the letter to the judge can help the judge to see there are a lot of concerned people looking out for Fraser's wellfare...I agree with Jenny - it made me feel better to express my opinion and feelings.
 

Amanda22

Boxer Booster
djsilvera,

I'm sorry that you took my suggestion to write to the DA as sarcastic. It wasn't in the least bit. I suggested writing to the DA because whether or not to move forward in a case is entirely at the discretion of the district attorney. You shouldn't jump to conclusions so quickly I was trying to be helpful. And honestly, i reread my post several times and don't see how it is suggesful of sarcasm at all.

I want very much for there to be stricter penalties for animal abuse and I want very much for the District Attorneys to take such abuses seriously which is why i suggested letters to lawmakers and the DA rather than the judge because in my opinion letters directed to the legislature and the DA could be more effective.

Amanda
 

Scrapper's Mom

Boxer Insane
I think public outrage would be something that a judge would properly take into account when sentencing. You'll notice we did not write to the judge, only to the Clerk of the Court, who can relay public sentiment to the judge at the appropriate time. Of course, the defendent is presumed innocent LEGALLY until proven guilty. But we don't have to presume her innocent on a moral basis, she admitted it. Judges are people too, they can be moved by well-written arguments. It doesn't help to write some diatribe, but I understand that in the Buster case, the public sentiment did influence the severity of the sentence. I'm sure the clerk will not even give the letters to the judge until after the verdict, or plea is taken, whatever disposition of the case. And I'd bet money that people in NH are writing letters/calling/emailing, too.
 
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