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You don't have free speech when your in jail. You lost your rights. What next are you folks gonna start crying about a cell search violating these prisoners 4th amendment rights? LOL
You lose some rights, and other are restricted. That does not mean you should lose all of them.
It seems that the issue here was defacing the flags as they were gov't property. Don't agree with feeding them just bread (or nutraloaf or whatever the hell it was) and water for seven days- there are other ways to punish people without reverting back to 18th century prison diet standards.
You are a convict you lose your rights. Bread and water is fine if they don't want to follow the rules. The reason they are in jail in the first place is they didn't want to follow the rules and now they double down like idiots. 18th century in prison is fine by me.
While I usually agree with what Arpaio does, this is ****ing ridiculous.
The issue is deciding whether this was free speech (as defacing the flag is NOT illegal, and is a legitimate form of protest/art/whatever under the First Amendment) or if it was defacing government property. It seems that in the linked article, the punishment was for defacing government property.
Very thin line to walk there.
How so? They're in jail already so everything they come into contact with is owned by someone else..... the taxpayer.
As a guard in some of the prisons, you wear face shields to prevent being sprayed with feces and urine saved up to get thrown through the bars. Those guys get punished regardless if their crap hits it's intended target, they do the clean up.
If Joe takes this to it's logical conclusion they warrant punishment in the form of a dietary restriction AND the cost of the flag deducted from whatever stipend they receive for productive work while incarcerated. I hope the flags weren't cheap made in China chit.
Actually no. Maybe under the state Constitution, which of Arizona I have no clue about, but under the federal Constitution Sheriffs are not recognized. This is because local law enforcement organization and structure is purely a state matter. Sheriffs are traditionally elected, but if a state wanted to they could structure their local law enforcement any way they would like. There is nothing in the US Constitution that recognizes or grants special powers to sheriffs since local government adminstration and organization is purely a state matter.
Correct, the US constitution has no power over law enforcement, only the Sheriffs in their respective counties.
The Sheriff is the lawful Chief Executive Officer and highest Peace Officer of the entire County in which he or she was elected. Unlike the State Police and Municipal Police, the Sheriff reports directly to the Citizens of the County. In today’s terms, the Sheriff is the “Chief Law Enforcement Officer†(CELO) of the County. The duties, responsibilities and authorities of the County Sheriff (a constitutional officer) are, at a minimum, the same as they were when the State Constitution was originally written. The duties, responsibilities and/or authorities of the Sheriff cannot be diminished by those in the legislature or the courts of the State or of the County. Only the Citizens of this Commonwealth, by a constitutional amendment (that is lawfully done) can diminish the duties, responsibilities and/or authorities of the County Sheriff. These facts, and many more, were true and recognized in Pennsylvania long before it became a State on September 28, 1776 and lawfully remain true today.
In support of the statements presented herein above, consider the following relevant excerpts from: A Treatise on the Law of Sheriffs, Coroners and Constables with Forms, written by Walter H. Anderson, LL.B., LL, D., in 1941
You are a convict you lose your rights. Bread and water is fine if they don't want to follow the rules. The reason they are in jail in the first place is they didn't want to follow the rules and now they double down like idiots. 18th century in prison is fine by me.
Actually, you don't. Even in prison, you still have rights.
While I usually agree with what Arpaio does, this is ****ing ridiculous.
The issue is deciding whether this was free speech (as defacing the flag is NOT illegal, and is a legitimate form of protest/art/whatever under the First Amendment) or if it was defacing government property. It seems that in the linked article, the punishment was for defacing government property.
Very thin line to walk there.
That would be true if it was your flag you bought. The flags were not their property, and there are no rights when you are a criminal. You lose those.
Correct, the US constitution has no power over law enforcement, only the Sheriffs in their respective counties.
The Sheriff is the lawful Chief Executive Officer and highest Peace Officer of the entire County in which he or she was elected. Unlike the State Police and Municipal Police, the Sheriff reports directly to the Citizens of the County. In today’s terms, the Sheriff is the “Chief Law Enforcement Officer” (CELO) of the County. The duties, responsibilities and authorities of the County Sheriff (a constitutional officer) are, at a minimum, the same as they were when the State Constitution was originally written. The duties, responsibilities and/or authorities of the Sheriff cannot be diminished by those in the legislature or the courts of the State or of the County. Only the Citizens of this Commonwealth, by a constitutional amendment (that is lawfully done) can diminish the duties, responsibilities and/or authorities of the County Sheriff. These facts, and many more, were true and recognized in Pennsylvania long before it became a State on September 28, 1776 and lawfully remain true today.
In support of the statements presented herein above, consider the following relevant excerpts from: A Treatise on the Law of Sheriffs, Coroners and Constables with Forms, written by Walter H. Anderson, LL.B., LL, D., in 1941
Except that Sheriffs are not a Constitutional office unless it is in a state Constitution. Furthermore, absent a state Constitution having specific home rule language the state legislature can completely take away a sheriffs power simple by revoking the grant of authority for the county to exist like it can with any of its sub divisions. Generally speaking, the state legislature absent some state Constitutional provision can do whatever it likes to its political subdivisions and the organization their of.
That is what Hunter v. Pittsburgh 207 US 161 (1907) was all about. For further study I would also suggest reading about John Forrest Dillon and his namesake rule.
Actually, you don't. Even in prison, you still have rights.
Right to what? Do what your told.
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