1empress 
Member since Apr 28, 2011


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Re: “Weed and sexual assault

Having just finished my advanced paralegal certificate program, my mind thinks about law in a brand new way. I happen to know that if California legalizes marijuana, that is called "primary authority" although because they are different states, it isn't mandatory that Colorado follow the California Supreme Court Ruling. However, the Colorado court would have to give unshakable justification for not following California's precedent. This is because Colorado cannot re-argue every point that was already magnificently covered by every area of legal reporting and news media in California. Colorado cannot justify rehashing old arguments without embarassing themselves in front of their judicial peers. Therefore, unless Colorado can come up with a new argument that California hasn't pulled out of its magic bag of relevant arguments in favor of marijuana, Colorado has to decide based on the facts carried forward from California case history. Colorado can stall off legalization but eventually, as other states enact their own new marijuana laws, Colorado will be forced to follow suit. Eventually it is not about the "personality" of the state, but about what is truly constitutionally legal to prohibit and what is not.

The marijuana - alcohol debate is not a new one but this is a new twist. There is a legal problem with the argument of the women's marijuana movement. Even if more men rape women under the influence of alcohol than under the influence of marijuana, you cannot say that men who sexually assault women will choose marijuana over alcohol and therefore not commit rape. A man who might rape a woman might only choose to drink alcohol and never choose to smoke marijuana, so without the research done and results in, the facts fails to impel the law to act.

The news media has lately taken a huge interest in human trafficking and sexual slavery, not to mention the recent high profile case of 19 sexually mature males raping an 11 year old girl who is mentally disabled and thinks at a 5 year old child's level of reasoning and decision-making.

The women's marijuana movement will probably get their research grant to study sexual assault from an alcohol/marijuana standpoint.

Posted by 1empress on 04/28/2011 at 1:07 AM

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