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Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

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Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#242
post #230
post #205

Earlier quoted context omitted.

Your original comment is different from "we need to reform in a different way". If that's what you meant, that's not what you posted.

>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 understanding was.

If you refer to my earlier post, I show how it is disingenuous to claim that people are having this impulse. They are not. You are arguing against a strawman. Hope that clears this up, because I don't know how to state it clearer.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#243

> retired Tennessee law enforcement officer Larry Bushart has won a substantial settlement from the county and sheriff behind his arrest. I did not expect to read that the victim was a retired law enforcement officer. This whole case is weird. I’m glad he won a settlement but I would like to see some actual accountability.

Most people would spend 40 days in jail for $800k. Why wouldn't police collude together to arrest one another? This feels like a free money glitch. I agree without accountability this provides a huge incentive to enrich your friends quite easily off the taxpayer.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#244
post #200

Earlier quoted context omitted.

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 firing can also help.

I don't think magistrates rule on questions of law (maybe you were implying this, but maybe not). But in general the whole legal/justice system is basically blind to the harm it itself causes, so I don't think an actual judge looking at the merits of a warrant would be terribly adversarial to a sheriff either - they work together all the time, and most of the warrants presented by the sheriff are legitimate. I do agr…

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 enforcing bail hearings where a public defender can argue would help in this and many other cases.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#245

Earlier quoted context omitted.

In the UK 30 people are arrested a day for social media posts online. Only about 10 percent resulting in convictions. Police don't face criminal charges for this. https://www.thetimes.com/uk/crime/article/police-make-30-arr...

Those 30 aren’t arrested for just for writing “social media posts” but for possibly “harmful communication including incitement to terrorism and violence, online threats and abuse, and unwanted communication via email and other means” Of the 90% many will accept their fault and receive a caution or warning Edit: and none of those cases would involve pretrial remand/jail

> possibly “harmful communication including incitement to terrorism and violence, online threats and abuse, and unwanted communication via email and other means”

That's a lot of colorful language to say "words hurt".

I could point you to 30 BlueSky posts that would qualify.... posted in the last 5 minutes.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#246

Earlier quoted context omitted.

Hot take, but I feel like no humans should be killed as a punishment... But I'm also probably too European to understand the true value of death penalty.

I'm only against the death penalty for the simple fact that courts have convicted innocent people. Sometimes, that conviction happens when the court actively blocks exonerating evidence. https://supreme.justia.com/cases/federal/us/410/284/ https://supreme.justia.com/cases/federal/us/547/319/

So why aren't you against imprisonment for the simple fact that courts have imprisoned innocent people? We have to accept a certain amount of false positives in all things.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#247

Earlier quoted context omitted.

That’s not Europe. They had a whole vote about it and everything!

Europe is a continent which the UK is a part of.

It was a joke about Brexit. A joke about a joke, if you will.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#248
post #236

Earlier quoted context omitted.

In one case, the meme was accurate - the photo, the quote, and its attribution were all accurate, and the cops knew that. It never made it to trial, for obvious reasons. In the other, it was false information, a grand jury indicted, and a jury convicted. The appeal rested on the government struggling to demonstrate a) anyone actively fell for the information and b) the conspiracy element. ( https://ww3.ca2.uscourts.g…

In both cases the reason someone was persecuted was they offended someone in power. And the system eventually ruled in their favor. That is the similarity. If you view one of those cases as a bad result, then chances are you are biased. That said, if you downvote because you have looked into the cases enough to think that that similarity is not valid, and then you can articulate it (like the person I'm replying too d…

> In both cases the reason someone was persecuted was they offended someone in power.

Sure, if you ignore all the other elements of each case.

> If you view one of those cases as a bad result, then chances are you are biased.

I think it's worse to spread deliberately false information about an election than it is to accurately quote the President of the United States.

> The comments I see about Trump weaponizing the Department of Justice to oppress people is pretty much exactly what I saw said about Biden weaponizing the Department of Justice to oppress people during his administration.

Hitler said nasty things about Jews, and Jews say similarly nasty things about Hitler. Does this make them equal?

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#249

The fact that taxpayers and not the police themselves have to pay the settlement is the worst part of this. Every settlement against the police should be taken from their pension fund. This is something I've been advocating for decades now, because it creates an incentive not to do things like this. Right now, good cops don't patrol bad cops because it won't affect them. By aligning the incentives right, it will mean…

That's a lot of liability for police. They would likely buy insurance against it.

And insurers doing their due diligence and charging based on potential for liability would go a long way to mitigating abuses.

Best solution would be to simply require licensing and conduct standards to be a police professional similar to that required for Registered Nurses.

Re: Tennessee man jailed 37 days for Trump meme wins settlement after lawsuit

#250

Earlier quoted context omitted.

If someone kills a family member and the court gives them 6 years and a parole officer, the remaining family will and has taken justice into their own hands and that has a much higher blast radius and margin of error than executing a guy convicted of the murder in a court of law and sat on death row making appeals for 10-15 years. If dylan roof was allowed to live his full natural life in jail, there would be race ri…

Cool, maybe rather than aiming to punish people, aim to rehabilitate them, and they don't need to spend their full natural life in jail. And if they're "unsalvageable" like many would claim, we (maybe not you, in the US, I dunno) have hospitals for those that are ill.

We also have state operated forensic psychiatric facilities for criminals deemed "unsalvageable." Many are not the same facilities that civilians seeking mental health would attend. Though, some facilities house both on separate units.

While prisons in the USA are often more punitive and dangerous than a forensic psychiatric facility, that does mean forensic psychiatric facilities are not their own form of Hell rife with their own problems. Essentially, autonomy, dignity, and human rights are stripped from individuals in both facilities -- you do not want to go to either.

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