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uriel-238

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  • Feb 22nd, 2017 @ 7:00pm

    Re: Re: And the Judge?

    You know, I wonder if that's just a matter of messaging. If a judge campaigned with messaging that better reflects the current legal system, he might get votes.

    Something like:

    You are Fucked Hard once the law puts its eye on you. Think innocence or ironclad evidence is going to vindicate you? Think again...unless I happen to be your judge. Vote for me and but Justice back in the Justice System.

    I'd think enough people have been ground through the system that almost everyone knows someone who's been screwed over by illegal searches, impacted public defenders or false testimony by the DoJ.

    Certainly the incidents of failure to indict in cases of police brutality and overreach continue to increase and reach ears of the public.

    Of course, according to Donald Trump, the police are paragons of virtue and all the United States is worse than Gotham. But I think he just secretly wishes he was Batman.

  • Feb 22nd, 2017 @ 12:14pm

    Kids videoing enraged teachers

    Heh. While this started as merely a way for kids to entertain each other, the article that discussed the presence of these videos pointed out these kids may have war- or hazard-correspondent careers in their futures.

  • Feb 22nd, 2017 @ 12:11pm

    Cameras in classrooms

    I'm not so sure of that. One of the YouTube phenomena of recent years is teachers behaving badly captured on camera phone. Much like many other places where there's been authority without limited accountability, teacher-to-student abuse is a problem within US and UK schools.

    We can probably infer this to be the case most places schools exist, and we can probably infer this to have been a problem throughout the 20th century and before.

    While bodycams are not necessarily the solution to the problem, I think it could be a step forward, especially if neither faculty nor administrators nor someone closely allied with administrators have control of the footage.

  • Feb 22nd, 2017 @ 12:06pm

    This is not the first place I've seen this suggested.

    The game No Pineapple Left Behind is a satirical take on this very premise, that the measures we use to determine the success of our schools are better geared to pump out servile test-taking machines rather than functional adults.

    Whether or not this is meant to undermine the public education system or shape our children as we imagine we want them to be, some of our officials do like it this way.

    (Curiously and alarmingly, Logic and Critical Thinking curricula are shunned by some Republican parties -- Texas for one -- on the premise that it leads to students who might challenge authority and be driven to disobey. They seem to have no awareness that those kids will someday need to function as adults, for whom critical thought is essential.)

  • Feb 22nd, 2017 @ 6:31am

    Who would sign an arrest warrant under these circumstances?

    The whole point of having to get a warrant from a judge is so that a fucking judge had to review the circumstances of the case to assure it is worthy of an arrest.

    Munday may be a two-bit goon unworthy of his badge, but someone who is supposed to be of letters and reason signed him off.

    Two heads better roll on this one.

  • Feb 22nd, 2017 @ 6:20am

    Low Level Background Disorder

    Whatever this phrase is supposed to mean, I can't parse it. It sounds like a mental illness that renders someone catatonic (or otherwise sparks episodes) when not given enough stimulus.

    Are UK schools boring their students to death?

  • Feb 22nd, 2017 @ 6:12am

    The problem with complete censorship...

    Americans agree with it enough to not call a certain Cheeto-faced ****gibbon out for his support of it.

    Hmmm...

    Cuckgibbon? Cuntgibbon? Fuckgibbon? Shitgibbon? Twatgibbon?

    They all roll off the tongue pretty well. George Carlin would have had a field day with this.

  • Feb 21st, 2017 @ 3:59pm

    "Made short work"

    Judge Gilbert also made short work of [defense] argument that Megaupload was a neutral intermediary, and thus deserving of safe harbours, which limit an internet service's liability.

    [citation needed]

    It was established early on that Megaupload was responsive to takedown notices and cooperated with law enforcement, which more than fulfills what is required for safe harbor provisions of the DMCA.

    So Gilbert would have to make a spectacular point in order to suddenly disqualify Megaupload and Dotcom from those safe harbor provisions, say, to provide a clear and convincing evidence that Megaupload was unresponsive to takedowns.

    To Megaupload's credit, perhaps it was too cooperative with law enforcement considering that some of the files he was supposed to take down but didn't, he left in place at the request of law enforcement. And this behavior would later be used against him in these court proceedings.

    Regardless, there's also strong indicators of bad faith by US law enforcement so yeah, Gilbert could disagree, or adjudicate against Dotcom based on spurious logic or whimsical opinion, but to make short work of DMCA safe harbor protections would actually require a logical miracle.

  • Feb 21st, 2017 @ 3:44pm

    Conspiracy...

    This is what got me when I first read about the story (in WaPo), that Copyright Infringement didn't apply but Conspiracy did.

    Conspiracy? Conspiracy to...???

  • Feb 21st, 2017 @ 3:31pm

    Ninety Five Percent

    95 percent of forfeitures involve people who have done nothing in their lives but sell dope.

    This must me the kind of House Alternative Fact much like John Kyl's well over 90 percent of what Planned Parenthood does [is provide abortions]

    We need some kind of punitive system for bad facts and statistics used on the House floor to support positions.

    Some kind of kick-to-the-nads or take-a-bite-of-shit-sandwich penalty.

  • Feb 21st, 2017 @ 2:04pm

    It's better to not presume.

    Trump jokingly suggested he'd ruin the careers of politicians mounting reform efforts.

    Seriously, Trump wasn't joking.

    Not at all.

  • Feb 19th, 2017 @ 1:22am

    Re: Re: Re:

    That exact scenario seems to have happened more than once.

    The guy who was in prison for contempt for 14 years seemed to not know how to break it.

  • Feb 17th, 2017 @ 7:56pm

    A nation of child porn

    How is it that any crime, no matter how odious or heinous, would be such that it alters the rights of a suspect including his right to due process?

    I think this exemplifies this attitude we have that justice is served when a suspect is convicted, even by a plea deal, and even when he was denied a fair defense (by defunding our public defenders and stripping him of his assets -- both are common policies) and yet when suspect is acquitted, it is commonly assumed that he escaped justice on a technicality. Not that the court proved he was innocent, but that the court failed to administer justice.

    And we will often try multiple suspects for the same crime, and if both are found guilty, both serve time.

    This isn't justice. Justice is supposed to be impartial, and the failure of the legal system to remain impartial because it's a hot-button crime like child porn or terrorism is an indictment of the system.

    In the 80s intra-office character assassinations were easy, since a middle manager or low executive accused by rumor-mill of sodomy or child sexual abuse would get quickly discharged. (Heh.) This is the same thing, but with a state-sanctioned legal system behind it.

  • Feb 17th, 2017 @ 7:43pm

    I wonder what happens with a trapped strongbox.

    We don't think much about safes because there's a lot of good technology to cut through them. Some are trapped to lock down when drilling is detected, but who cares when you have a thermal lance handy.

    But what if the alleged incriminating evidence is fragile (say, paper) and the safe is designed so that if an drill pierces the detection barrier (or some other intrusion countermeasure is triggered) it bathes its contents in acid or fire, say, activating a big ol' blob of Thermite.

    Is this the same situation as the data block?

    The San Bernadino iPhone?

  • Feb 17th, 2017 @ 7:35pm

    The Fifth Amendment needs to be expanded and clarified.

    It should not be legal for the state to compel any action to force a suspect to incriminate himself.

    So long as we have this work-around the state will merely phrase their inquiries so that they are not subject to the Fifth Amendment exemption.

    This won't stop fingerprints. At the time Apple released fingerprint scanning on their phones, we already a means to take a visual fingerprint and render a working artificial finger. (Using atypical fingers at atypical angles may still work as a hack, though.)

    It is curious how law enforcement are not penalized for having turned off their body-cams, yet a suspect who permalocks a phone by trying too many times to unlock it will still be presumed guilty of intentional obstruction and contempt. Whether or not you are given benefit of doubt depends on whether or not you are a member of the gang.

    So long as the enforcement and interpretation of law is inconsistent we will never have justice in the United States.

  • Feb 15th, 2017 @ 8:06pm

    Law doesn't apply to nobility.

    That was one of the whole points of this country, and was also made a point of post-revolution France. As per the Napoleonic Code the law applies to everyone.

    Any form of selective enforcement, including prosecutorial discretion is a failure of justice, and therefore a failure of state.

    And this is the outcome. People who believe the law doesn't apply to them behave as though it is true. Even to the point of atrocity.

  • Feb 15th, 2017 @ 3:01pm

    The solution to this...

    Won't be a solution either. Without accountability our officials are inevitability tempted to corruption.

  • Feb 15th, 2017 @ 2:58pm

    truthfulness as a strategy

    It is possible to have brutal honesty as a strategy, if your own failings are quotidian and relatable. It's a good one since the public learns to believe you.

    The problem is when you're actually engaged in criminal activity (insider trading, say), or have a habit that your party won't forgive. (Commonly, lechery or sexual perversion.)

  • Feb 9th, 2017 @ 1:14am

    And yet...

    While we don't say every imprisoned convict is guilty we certainly presume it when we're not thinking about it.

    Moreover, when suspects are convicted, it's presumed they were convicted fairly, yet when they are acquitted they escape justice.

    And this narrative runs through all of our fiction, where the bad guy is obviously bad long before the arrest...

    Except in Agatha Christie stories, in which everyone is just a little bit evil.

  • Feb 8th, 2017 @ 3:47pm

    "people who break the law"

    Remember that our justice system has a 90% conviction rate even before we get to plea bargains.

    That's because we give our grossly overworked public defenders very little budget, so they really don't have time or manpower to build a case.

    Then we seize the assets of suspects to prevent them from affording a defense. We often do so before they are suspects, on the pretense that the money is criminal.

    (And Trump just encouraged county sheriffs in a recent meeting to seize more assets because it's all drug money.)

    Then we favor our law enforcement so much (even when they perjur the court) that we favor officer testimony over video to the contrary.

    (And I'm not even going to address our shitty overreaching laws, such as our drug possession laws with mandatory minimums and the CFAA and Espionage Acts, all of which are subject to prosecutorial discretion)

    So we can pretty safely argue that a significant portion of our prison population -- what remains the highest incarceration rate in the world -- is innocent of the charges with which they were convicted.

    Which makes them political prisoners.

    If we were a humane country, we'd recognize that imprisonment is containment, pending reform, not punishment. Indeed, convicts typically leave the prison system less capable of reintegrating into society than as the convicts they were when they entered.

    Our prison system is way fucked up, and any mistreatment of its inhabitants is sheer abuse, often of falsely-convicted innocent civilians.

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