Michael 5260
Sun Jul 14, 2019 10:54

It looks like the Harvey Weinstein trial will begin on September 9, 2019.

One of his new attorneys proclaimed that Weinstein is being railroaded. The jury has not been selected yet but Weinstein is already being railroaded according to the attorney.

Used in a legal sense the term "railroaded", being incarcerated without due process of law, has been around a long time.

According to the Library of Congress's "Chronicling America" database of historical newspapers:

February 23, 1869- railroaded in the sense of "committed to jail or prison without administrative delay".

July 9, 1872- railroaded in the sense of "denied a fair trial before being convicted".

We can see the term "railroaded" has been around at least 150 years and it is still in use today.

There are a couple of characteristics associated with the use of the word railroaded in defense of a client.

Historically, the word occasionally appears along with high profile criminal cases. This is a case that has grabbed the public's attention because of the nature of the crime or the perceived importance of the defendant.

There is usually a couple of tractor trailer sized loads of incriminating evidence against the defendant. The defense attorney has to contend with all this evidence and knows it will be an uphill battle all the way. What to do about this? Well, proclaim at the beginning that the client is being railroaded. Proclaim it to the press before the trial even starts. Why not.

    • Re: RailroadedSue, Sat Aug 31 13:13
      I become skeptical when someone uses the word: "railroaded."
      • Re: RailroadedMichael 5260, Sat Aug 31 14:43
        So do I.
        • Re: RailroadedSue, Sat Aug 31 16:25
          The Tankleff murders are a great example. Marty Tankleff should still be serving time today for killing his parents, but he got enough people to believe that he was "railroaded."
          • Re: RailroadedMichael 5260, Mon Sep 2 12:42
            Some other legal defense favorites that are used frequently: * The police bungled the investigation. * The police stopped looking for other possible suspects. * The evidence was fabricated. * The... more
            • Re: RailroadedSue, Sat Sep 14 11:59
              *The insanity defense I've noticed in some cases that when someone is initially arrested for a murder, that the person will put a feigned, crazed look on their face when they are photographed. Maybe... more
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