The views expressed in any article published in this blog are the author's own and do not necessarily reflect the views of Joseph Foster or Bob Lupoli.

Tuesday, May 17, 2011

Joseph Foster: "DSK" - Dominique Strauss-Kahn IMF chief Arrested

By Joseph Foster
Email Joseph Foster at jfoste3@aol.com for a free book summary. My book, ‘’Destruction of America", subtitled "Stand up for America" will be available May 2012 at all major bookstores. Visit my blog Stand Up for America! for more articles.

Dominique Strauss-Kahn IMF chief Arrested

Dominique Strauss-Kahn assumed office as the tenth Managing Director of the International Monetary Fund on November 1, 2007. Upon being selected by the IMF's Board of Executive Directors, Mr. Strauss-Kahn indicated that he will press ahead with reform of the 186-member country institution that helps oversee the global economy.

Strauss Kahn arrest clouds Greek bailout talks. He is due to be arraigned in Manhattan on attempted rape charges, which his Lawyer said he will deny.

In the wake of an alleged sexual assault of a hotel maid it brings to my attention that there could be a frame up of this well renowned person, money being the major motivating factor. Or the person making the accusation is innocent from any criminal motivation.

As a legal scholar, if the allegation is true smart criminal attorneys could develop a defense to have him cleared of all charges.

Some may say what if the DNA provides the evidence, there will be no problem to develop a defense that will have the accused free.

Some may say what about Strauss-Kahn's reputation as a womanizer; moreover he has admitted that he loves women, again that will not present a problem to a smart criminal attorney that will be handling the defense of Strauss. In criminal proceedings the past conduct of the accused may not be brought into evidence.

Before I begin in my analysis let me clarify our legal system as it relates to conviction of a crime. The Law requires as to criminal charge that the accused must be found guilty beyond a reasonable doubt; such standard does not apply to civil Law suit.

American legal system for the most part was adopted from the British system.

The principal in Anglo-American law is based on ‘’presumption of innocence’’ The prosecuting attorney must produce evidence of guilt and persuade the jury the facts based on ‘’beyond a reasonable doubt’’, the claim that every man is presumed to be innocent until he is proved guilty is given great importance in Anglo-American law the so called “presumption of innocence’’

In 1895, the United States Supreme Court declared the "presumption of innocence in favor of the accused" to be "the undoubted law.

Sir William Blackstone a renowned jurist King Counsel, England, (1773-1780) famous statement, Quote "It is better that ten guilty persons escape, than that one innocent suffer."

Here are various scenarios that the defense may use.
1.   The woman consented to the sexual act and was con by others for money to claim rape.
2.   The occupant of a $3000 per night room becomes apparent to a room maid that the person is extremely wealthy and an accusation of rape may cause the accused to offer a large reward to the person making the accusation.
3.   The scratches on the victim that alleges rape may be explained by Mr. Strauss attorney that it was self-inflicted.

Mr Strauss has engaged two of the finest criminal attorneys to defend him; I predict Mr Strauss will not be found guilty.

Having travelled to many parts of the world, I sense there is some danger to high profile persons identified as extremely wealthy by the room he or she occupies in a Hotel; one may never face any risk if you stay in a low price hotel.

As a reminder the trial of the century is that of OJ Simpson, for the murder of his ex-wife and her friend Ron Goldman on June 12, 1994.

OJ was acquitted of the murders in criminal court; the state of CA was not able to prove that he was guilty "beyond a reasonable doubt". However a civil trial jury ruled he was liable for the 1994 death of Goldman and his ex-wife Nicole Simpson in a suit filed by the family of the deceased in February 1997. 

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