Viewing profile — ikeboy
ikeboy
HN member- Joined
- Wed, Nov 12, 2014, 5:44 AM UTC
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About ikeboy
Recent public activity
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Comment #49006235
Thomas Alan Arthur is currently serving 40 years in a US prison. He was convicted of publishing fictional text stories and two cartoon style drawings. (Note that he was accused of …
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Comment #48722938
In this case the statement they checked off said that there was an unlawful reproduction of a trademark. There was no reproduction at all, since the products were originally manufa…
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Comment #48719194
We got told by the 9th circuit that false claims submitted under penalty of perjury are actually just "opinions" not capable of being proven true or false. https://law.justia.com/c…
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Comment #48212327
The case shouldn't have been brought, but even if brought he should have had a prompt bond hearing and been let out within 24 hours.
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Comment #48212085
My concern is that new crimes will be weaponized.
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Comment #48211788
In short, unlawful means different things in different contexts. In the context of false imprisonment, it generally means without legal process, and legal process later overturned …
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Comment #48211620
What does that have to do with the elements of false imprisonment?
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Comment #48211553
Magistrates are supposed to verify that the warrant contains probable cause and reject ones that don't. You could make the system more adversarial at that point, although I think e…
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Comment #48211325
>We need to tame the impulse to throw people in jail for doing things we dislike And in comments I expanded on this and gave several specific reforms. Not sure what your understand…
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Comment #48211303
Look up the elements of false imprisonment. When there's a warrant, even if wrongly granted, the arrest and imprisonment is considered lawful.
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Comment #48211225
The magistrate judge should not have approved the warrant. They should have had a bail hearing within 24 hours, at which it would have been clear that they posed no threat. Instead…
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Comment #48210978
The warrant here was approved by a magistrate judge, and I would suggest making the process for approval more robust to reduce this kind of abuse. Personal civil liability and firi…
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Comment #48210946
As I mentioned elsewhere, neither currently apply because due process of law was followed.
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Comment #48210885
I would get rid of all forms of immunity and mandate body cameras. Probably also raise requirements for police officers. And part of it is reducing the scope of what the cops are m…
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Comment #48210804
If you include the guy who was arrested for posting memes as participating in a coup, sure. "But the memes were misleading" (as someone else in this thread was arguing) I don't car…
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Comment #48210686
What? My original comment says that we need to reform in a different way.
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Comment #48210640
I haven't said those things. Rape and murder are existing crimes, and they should be applied equally to police officers. I think that the core problem with the system is not indivi…
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Comment #48210366
We should indeed get rid of many laws because the benefit is outweighed by the abuse. America has one of the highest rates of incarceration in the world (used to be #1) but suggest…
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Comment #48210276
False imprisonment generally doesn't apply when due process is followed, like getting a warrant. You'd have to change the law to allow for prosecutions in cases like this, and that…
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Comment #48210206
That's not at all what I said. I'm saying that for decades, people who were maliciously prosecuted by the federal government had effectively no recourse. It's good to change that, …
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Comment #48210165
I doubt that. The magistrate judge already granted an unconstitutional warrant, why assume the result would be different with more info?
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Comment #48210148
When an appeals court rules on one issue that's enough to decide the case, they often don't rule on the remaining issues. Anyway I don't see how you'd word a law that only applies …
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Comment #48210054
Public trust should be lost, because these institutions were never trustworthy. I am not both sidesing. I'm saying that there are better reform options than adding additional crimi…
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Comment #48210021
OP says that they left out information (which cops do all the time) but that the warrant shouldn't have been granted either way because of SCOTUS precedent. Would welcome reform th…
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Comment #48209969
I've read the second circuit opinion and saying that it was legal is a fair takeaway. They didn't reach the 1st amendment grounds though because they didn't need to once determinin…