July 01, 2022, 12:22 AM
snwghstSCOTUS decision…. pill mill Drs in Mobile, Al
Open disclosure…… this decision is too close to me and directly personally affects my life daily
Not sure what to think
SCOTUS brief
https://www.supremecourt.gov/o...pdf/20-1410_1an2.pdfOriginal decision
https://www.justice.gov/usao-s...running-massive-pillCrazy enough the TV show American Greed made an episode
Season 12 Episode 2
Thoughts?
July 01, 2022, 01:05 AM
KevboIt’s a good decision. I understand the harm and death wrought by these doctors
But we want the “beyond a reasonable doubt” standard applied to all elements of a criminal offense
The government basically argued that the standard should be what a “reasonable” doctor would do acting in “good faith”. This essentially applied a “preponderance of the evidence” standard to the mens rea element of the crime
It is long held that a preponderance of the evidence standard (which basically means 51% or more of the evidence) is appropriate in a civil trial (where money is involved) but not in criminal proceedings (where loas of freedom is involved)
All the court did is say: “you need to prove intent beyond a reasonable doubt, just like all other elements of a crime”
It’s the right decision, even though all those motherfuckers deserve to rot in prison
July 01, 2022, 10:06 AM
architectWay back when, there was the possibility of declaring a criminal an "outlaw" (someone who is not under the protection of the law). This shielded those who might want to apply corrective measures to these folks from criminal liability. Seems like this might be appropriate in this case.
July 01, 2022, 11:42 AM
ZSMICHAELIf you live in a community long enough and get to know people you know the pill mill docs even before the DEA. These guys are criminals and their behavior makes it more difficult for honest pain docs to operate. The cars and homes they acquire provide quite a clue.