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Old 12-02-2017, 04:54 PM
 
3,129 posts, read 1,332,443 times
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Quote:
Originally Posted by jbgusa View Post
No. But I have common sense. A judge with a swamped calendar saying a few sharp words just doesn't scare people.

...

Frankly that's one of the reasons for a bit of rough and tumble. Arrests simply don't work unless the system if interested in providing room and boad for about, in the case of this offender, 70 or 80 years.
The problem with this is that the level of corruption in the system (and the police force) has reached a point that it has turned into a war between police vs. the citizens of this country.

Let's take pot for example. It is still illegal. The police love that because it allows them to be a bit "rough and tumble" against those they don't like (historically blacks and other minorities), while giving a pass to those they do (historically white people). Even for simple possession of a small amount.

Is that just?

It goes further. In some states (like Oklahoma) you don't get a pass even if you are white. With forfeiture laws, even one plant growing on your property is enough for the state to take your house (and they do, especially if it is paid for or has a lot of equity). How's that for rough and tumble?

With laws on the books like our insane pot laws, where does it end?
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Old 12-03-2017, 05:06 AM
 
Location: New York Area
35,070 posts, read 17,014,369 times
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Quote:
Originally Posted by Raddo View Post
It goes further. In some states (like Oklahoma) you don't get a pass even if you are white. With forfeiture laws, even one plant growing on your property is enough for the state to take your house (and they do, especially if it is paid for or has a lot of equity). How's that for rough and tumble?

With laws on the books like our insane pot laws, where does it end?
That isn't what I'm advocating. I do not support forfeiture laws for minor crimes.
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Old 12-03-2017, 05:28 AM
 
Location: Gone
25,231 posts, read 16,938,118 times
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Quote:
Originally Posted by jbgusa View Post
I moved this discussion from Man punched Home Depot cashier in the face to here since my views are likely to be outside the noncontroversial scope of Current Events.
This point of view is unpopular among my fellow lawyers but I agree. I have no problem with the police getting more than a little be rough during the arrest. Maybe in the struggle the guy csan be badly beaten or killed. I'm sorry, when someone does something so egregious there should be a real penalty, not just some stern-sounding judge doing the finger-wag and letting the guy off with time served. And the fact is we don't have the resources for lengthy imprisonment.
You are an Attorney? Seems like you might want to consider another career field, law and justice do not seem to be your forte.
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Old 12-03-2017, 07:28 AM
 
3,129 posts, read 1,332,443 times
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Quote:
Originally Posted by jbgusa View Post
That isn't what I'm advocating. I do not support forfeiture laws for minor crimes.
That might be the crux of the problem. Who gets to decide what's a minor crime and what isn't? For example, in Oklahoma the maximum penalty for growing your own is life in prison. In Colorado it is legal, no penalty.

You don't get to the point where mankind's laws of two bordering states are so diametrically opposed unless money (corruption) is the key player involved. With money (corruption) driving things, leaving things like "rough and tumble" up to anyone except a judge is a dangerous, slippery slope.
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Old 12-03-2017, 08:10 AM
 
Location: New York Area
35,070 posts, read 17,014,369 times
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Quote:
Originally Posted by Casper in Dallas View Post
You are an Attorney? Seems like you might want to consider another career field, law and justice do not seem to be your forte.
I guess you're not intelligent enough to grasp the merits of the issue. We don't have court facilities or judges to try every low-level offense. A swift kick in the rear might dissuade some educable people from repeat offenses. In another context, I suggested using the lac of court resources as a method of defeating the enforcement of certain petty traffic offenses, Strategy to Defeat Speed Traps, Texting and Other Nonsense Laws.

Quote:
Originally Posted by jbgusa View Post
Here's my modest proposal; that people organize to have large numbers of people take tickets of the kind described below to trial. The results could be both effective, comedic and educational.

With laws on the books such as texting laws (Ticket for Holding Phone While Driving), unreasonably low speed limits, Does Anyone Feel Speed Limits Are Too Low?, and ones under consideration, such as banning texting and walking, New Jersey is considering banning texting while walking (PC on a rampage),, and eating and driving, NJ About to Ban Driving and Eating, it's time for people to fight back. The legislators are in the thrall of insurance companies and political correctness.

After reading a book by William Adler called The Man Who Never Died, about Joe Hill, a labor organizer (a book I highly recommend) I came up with a strategy. The labor movement, int he early part of the 20th Century was harassed by communities issuing tickets for "disorderly conduct" and jailing people on trumped up charges to stop demonstrations. The demonstrators came up with the strategy of having everyone plead "not guilty" and demanding a jury trial. Towns with limited resources, such as Fresno in 1908 or 1909 (still not a wealthy place) would be fiscally ruined by the expense.

So why not try to get people who were not actually endangering life and limb to plead not guilty, and demand the most elaborate trial possible. Many jurisdictions don't allow for jury trials on traffic infringements. But if large numbers of people stopped for low-grade speeding violations or cell-phone violations pleaded not guilty, showed up and refused to take a plea and the pretrial conferences and demanded a trial, the part-time judges' calendars would stretch well into the night. And the courtroom would be packed with just about every police officer who would have to appear.

Worth a try?
The fact is we can't try everyone. If the police created some minor pain for offenders who were caught in the act they may not do it again.

Last edited by jbgusa; 12-03-2017 at 08:22 AM..
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Old 12-03-2017, 08:15 AM
 
9,694 posts, read 7,392,751 times
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I agree with the opinion of JBGUSA.

it was his opinion, not that he would actually do it, maybe some of the criminal need to trip getting into the car.

The only way to stop crime is to put the fear into the person if what would happen if he did the crime. Maybe treat him with kid gloves till convicted and then beat the #$^& of him, kinda like what china does with caining
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Old 12-03-2017, 08:19 AM
 
Location: Gone
25,231 posts, read 16,938,118 times
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Quote:
Originally Posted by jbgusa View Post
I guess you're not intelligent enough to grasp the merits of the issue. We don't have court facilities or judges to try every low-level offense. A swift kick in the rear might dissuade some educable people from repeat offenses. In another context, I suggested using the lac of court resources as a method of defeating the enforcement of certain petty traffic offenses,

The fact is we can't try everyone. If the police created some minor pai for offenders who were caught in the act they may not do it again.
I am intelligent enough to know you are in the wrong business, anyone that condones the police being the judge, jury, and executioner has no business in the Justice System, at least not in the USA.
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Old 12-03-2017, 08:23 AM
 
Location: By the sea, by the sea, by the beautiful sea
68,329 posts, read 54,389,283 times
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Quote:
Originally Posted by bagster View Post
I'd like to see them bring back public floggings.

Can we start with lawyers who'd grant the police rights to be judge, jury, and executioner?
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Old 12-03-2017, 08:25 AM
 
Location: New York Area
35,070 posts, read 17,014,369 times
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Quote:
Originally Posted by brownbagg View Post
I agree with the opinion of JBGUSA.

it was his opinion, not that he would actually do it, maybe some of the criminal need to trip getting into the car.

The only way to stop crime is to put the fear into the person if what would happen if he did the crime. Maybe treat him with kid gloves till convicted and then beat the #$^& of him, kinda like what china does with caining
Exactly. People learn a lot more from something that happens on the spot rather than months or years later.
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Old 12-03-2017, 08:40 AM
Status: "“If a thing loves, it is infinite.”" (set 3 days ago)
 
Location: Great Britain
27,180 posts, read 13,461,836 times
Reputation: 19488
Quote:
Originally Posted by jbgusa View Post
Exactly. People learn a lot more from something that happens on the spot rather than months or years later.
Start deliberately injuring people and the police will very quickly become very very hated.

Allowing the police to behave in such a heavy handed way was sadly common place in disgusting totalitarian communist states such as East Germany, where ordinary people lived miserable lives in constant fear of the police and authorities and that knock at the door. This should never be allowed in democratic countries like the US.

The Police need to be accountable for their actions, as should all Local and Central Government Authorities, and they should not be able to use violence without question or see themselves as above the law.

Last edited by Brave New World; 12-03-2017 at 08:53 AM..
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