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Perma-ban hearing - discussion

steen said:
I handle misinformed fine as long as they learn. But this tread has developed into a "lets pick on Steen" tread, so I certainly become testy.
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[mod mode]

PEOPLE!!! PERMA-BAN discussion!

[/mod mode]
 
Kelzie said:
[mod mode]

PEOPLE!!! PERMA-BAN discussion!

[/mod mode]
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Oh yeah...about that perma-ban thing...I forgot...what was the deal with that again?

duck and cover
 
Originally posted by mixedmedia:
...unless, of course, we are talking about Trajan.
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I like Trajan. His sense of humor, not his politics. He's got that "push the evelope", irreverent kind of comedy that I really cherish. His humor can hang with anybody on this board. But enough about him...

I am the best example of DP Mod Tolerance. Any forum that can tolerate 7k thoughts from my a.s.s, bends over backwards to give their members some slack. And this has been the first message board I've seen where the mod's are cognizant of the fact that there are posters out there that use the "report button" like a weapon.

Although, Vauge is a little too tolerant sometimes. If he had some emotional outbursts of disdain once and a while, I might like him more. I mean, his life can't be that perfect, he looks like redd!
 
My dad never let me have an opinion growing up in his household. Therefore I respect others that express their opinion that much more. I just refuse to get upset over an opinion.:violin

ahem...
What was the perma-ban question?
Kelzie might come in and set us straight again...:spank:
 
This ban is moderated better than most, so the moderators obviously are doing a fine job and don't need anybody else's fingers in their soup. That's what it comes down to.
 
I have an idea on this. Why not have a trial (the American way)? Rather than the moderator who is suggesting the permaban to have no say, why not make him the prosecutor? Another mod would volunteer to be the defense. After a period where the arguments for both sides are presented, the other mods, as the jury, would then vote on the outcome (Prosecutor and defense would have no vote).
 
danarhea said:
I have an idea on this. Why not have a trial (the American way)? Rather than the moderator who is suggesting the permaban to have no say, why not make him the prosecutor? Another mod would volunteer to be the defense. After a period where the arguments for both sides are presented, the other mods, as the jury, would then vote on the outcome (Prosecutor and defense would have no vote).
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chair of rebuke and chair of innocence. could be interesting....although for most of the people who actually come up for permanent bans, itd be hard to find someone whos going to want to be the defense. :lol:
 
Where's Johnny Cochran when ya need him?:roll:
 
Good idea Dan, I like it.;)

That would be fun to watch, but RNYU is right, it would take a good lawyer to get one of these characters off, but I would be willing to give it a shot if no Mod were to volunteer.:lol:
 
RightatNYU said:
chair of rebuke and chair of innocence. could be interesting....although for most of the people who actually come up for permanent bans, itd be hard to find someone whos going to want to be the defense. :lol:
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If you cant find another mod to be defense counsel, you could always have one be the public defender. LOL.
 
danarhea said:
If you cant find another mod to be defense counsel, you could always have one be the public defender. LOL.
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That sounds perfect....It'd be the same thing, except I could show up drunk and not care about the outcome....:lol:
 
danarhea said:
I have an idea on this. Why not have a trial (the American way)? Rather than the moderator who is suggesting the permaban to have no say, why not make him the prosecutor? Another mod would volunteer to be the defense. After a period where the arguments for both sides are presented, the other mods, as the jury, would then vote on the outcome (Prosecutor and defense would have no vote).
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Good thoughts dan. Allow me to articulate some points about the MPH...

The original Mod is indeed the prosecutor. S/he presents evidentiary material in MPH thread Post #1. This material can include previous warnings in that thread, the violation post, which Forum rule(s) are involved, relevant links and citations, the reasoning for the MPH, and a summation of the violation and personal thoughts. The original Mod has one post (Post #1) to present the case in-toto. After this post is submitted, s/he is only an observer. It is critical for the original Mod to present the case in its entirety. Anything less than exhaustive coverage favors the accused.

The accused is his or her own defense counsel. Who else could know the best defense better than the accused? In the defense response PM to the Mod Team, the accused can include any information that is relevant to this case. After this PM is published in the thread, the defense rests.

The case is then decided on its merits by the rest of the Mod Team. They will examine all of the material and evidence provided. The case will be deliberated at length and a vote to pass the MPH motion or dismiss it will ensue. The motion can pass with a simple majority, or it can fail with a simple majority. The Mod Team has the option to fail the perma-ban motion and impose a suspension. This option favors the accused, as some Mods may be swayed to impose a penalty other than a perma-ban.

I hope this post helps all to better understand the MPH process and its mechanisms... which are purposefully constructed to lend every advantage to the accused.

Tashah
 
Tashah said:
Good thoughts dan. Allow me to articulate some points about the MPH...

The original Mod is indeed the prosecutor. S/he presents evidentiary material in MPH thread Post #1. This material can include previous warnings in that thread, the violation post, which Forum rule(s) are involved, relevant links and citations, the reasoning for the MPH, and a summation of the violation and personal thoughts. The original Mod has one post (Post #1) to present the case in-toto. After this post is submitted, s/he is only an observer. It is critical for the original Mod to present the case in its entirety. Anything less than exhaustive coverage favors the accused.

The accused is his or her own defense counsel. Who else could know the best defense better than the accused? In the defense response PM to the Mod Team, the accused can include any information that is relevant to this case. After this PM is published in the thread, the defense rests.

The case is then decided on its merits by the rest of the Mod Team. They will examine all of the material and evidence provided. The case will be deliberated at length and a vote to pass the MPH motion or dismiss it will ensue. The motion can pass with a simple majority, or it can fail with a simple majority. The Mod Team has the option to fail the perma-ban motion and impose a suspension. This option favors the accused, as some Mods may be swayed to impose a penalty other than a perma-ban.

I hope this post helps all to better understand the MPH process and its mechanisms... which are purposefully constructed to lend every advantage to the accused.

Tashah
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Good post, but there is one scenario which also should be addressed. What if the accused himself does not post? He or she may not be in the forum because of being suspended, and so does not get his or her day in court. In that case, someone should be an advocate on his or her side for the purpose of showing fairness in the proceedings.
 
danarhea said:
Good post, but there is one scenario which also should be addressed. What if the accused himself does not post? He or she may not be in the forum because of being suspended, and so does not get his or her day in court. In that case, someone should be an advocate on his or her side for the purpose of showing fairness in the proceedings.
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Folks on probation can *see* the forums (not post) and create a PM to the moderators.
 
vauge said:
Folks on probation can *see* the forums (not post) and create a PM to the moderators.
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OK, but the problem that I see is that, once a member is suspended, and cant post, he will leave for the duration of his suspension, thinking that everthing has been settled, when it has not been. That is the reason for having someone go to bat for the suspended member during the proceedings if the member is not available to speak up for himself. The other option would be to email or PM the member BEFORE OR AT THE SAME TIME the suspension goes into effect, letting him know that he is about to be suspended, that a determination of whether or not to perma-ban him is being discussed, and to ask for his side of why this should not happen to him.
 
danarhea said:
OK, but the problem that I see is that, once a member is suspended, and cant post, he will leave for the duration of his suspension, thinking that everthing has been settled, when it has not been. That is the reason for having someone go to bat for the suspended member during the proceedings if the member is not available to speak up for himself. The other option would be to email or PM the member BEFORE OR AT THE SAME TIME the suspension goes into effect, letting him know that he is about to be suspended, that a determination of whether or not to perma-ban him is being discussed, and to ask for his side of why this should not happen to him.
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I like the way you think. :)

perma-ban hearing said:
1). The offending user is notified in the pertinint post and via PM by the original Mod that the infraction has been deemed to possibly merit a perma-ban and it has been referred to the Moderator Team for summary judgement.
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A PM sends an email. The user can always reply to that email or submit feedback and it will send an email to me. I forward all of those feedback emails to the mod team (copy to a thread).
 
vauge said:
I like the way you think. :)


A PM sends an email. The user can always reply to that email or submit feedback and it will send an email to me. I forward all of those feedback emails to the mod team (copy to a thread).
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Looks like I am miles behind the rest of you. :)
 
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