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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

#441

Earlier quoted context omitted.

One of the worst examples in the US is the consequence asymmetry for speech. Law enforcement and federal agents can lie as much as they like with impunity when dealing with citizens, but (a) it's a federal crime to lie to a federal officer (18 US Code § 1001, up to 8 years imprisonment), and (b) truly, anything you say to law enforcement when under any suspicion can and will be used against you in a court of law, eve…

The alternative extreme is likewise unworkable. "OK, before we begin this meeting of the capas of our totally legitimate, not at all criminal business... Is anyone here an undercover officer of the law?" "Shucks, you got me. I'm FBI." However, your implied extreme isn't accurate. Lying to suspects can in some cases result in entrapment charges (although it is historically more likely for suspects with power and publi…

A reasonable exception can be made for undercover work without permitting most of the instances where police lie to people.

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

#442
post #266

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…

What if a majority of taxpayers voted for that sheriff?

Being elected by a majority doesn't negate crimes committed, as much as a certain president would love everyone to believe that. Being elected shouldn't have anything to do with being punished, whether they won by 1% or by 99%

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

#443

Earlier quoted context omitted.

One of the worst examples in the US is the consequence asymmetry for speech. Law enforcement and federal agents can lie as much as they like with impunity when dealing with citizens, but (a) it's a federal crime to lie to a federal officer (18 US Code § 1001, up to 8 years imprisonment), and (b) truly, anything you say to law enforcement when under any suspicion can and will be used against you in a court of law, eve…

This distinction doesn't make sense. A police officer's job is to lie to you. Are we expecting jailtime for doing their job?

> A police officer's job is to lie to you.

No it isn't. Their job is to enforce the law. The only time it's reasonable for an officer to lie is when they're engaged in authorized undercover operations.

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

#444

Earlier quoted context omitted.

yes, actually, it would be suprising if CBP took them aside for further questioning. That's not really how it's "supposed" to work.

Er, no, that's exactly how it's supposed to work: people who make violent threats have those threats more thoroughly assessed.

As a sign of how weakly I held that opinion I'll adopt yours. For the context of "incoming foreigner" your take seems correct

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

#445

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…

From what I could tell from the article, an officer submitted a warrant request to a judge and the judge approved it. That request was potentially incomplete because it left out the fact that the victim here didn’t actually make the meme. On the other hand I’m not sure whether omission matters since it would still be protected speech if he made it. So I would place a good amount of blame at the feet of the judge, who…

> That request was potentially incomplete because it left out the fact that the victim here didn’t actually make the meme.

Even if the man did make the meme I'd say it should qualify as free speech

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

#446
post #336
post #252

Earlier quoted context omitted.

In the UK the police can detain you for up to 24hrs without a judge and extend it to 36hrs in some cases. One case I read of a guy who got in trouble for a social media post, he was called into the station and they basically forced him to sign a paper otherwise he couldn't leave as they'd just keep interrogating him, where I'd imagine they threatened to get the courts involved unless he admitted he was wrong for doin…

>In the UK the police can detain you for up to 24hrs without a judge and extend it to 36hrs in some cases. So pretty much half the time than in the US. (County of Riverside v. McLaughlin) -In the United States, police generally cannot hold you for more than 48 hours without formal charges or a probable cause hearing before a judge.

Yep pretty similar, technically in the UK they can go up to 96hrs if the police just ask a judge for an extension, even without formal charges. So about twice as long as the US's theoretical upper limit.

My main concern is the fact they are raiding peoples houses, taking electronics, and aggressively interrogating people for hours over a tweet, then pushing them to sign a document admitting they did something wrong without charging them. While everyone pretends they just got a 'warning' and it's not a big deal that this happens to thousands of people a year.

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

#447
post #67
post #54

Earlier quoted context omitted.

In a sane, fair, and (crucially) long-term stable system, persons given privilege and authority over others are subject to a higher standard for their own behavior. The long-running US trend of the inverse (additional legal protections for positions of authority) is incredibly destructive. This is a moral and values judgment, yes, but it's not just that -- it communicates to the population at large that they should f…

The death penalty should be reserved for people who violate a position of public trust and authority.

The death penalty should just be abolished. Where it exists there will always be innocent people who are murdered by the state.

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

#448
post #390

Earlier quoted context omitted.

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.

Is privatising ethics enforcement like this a good idea?

The public sector has been failing at this for decades. How can privatization be worse?

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

#449
post #389

Earlier quoted context omitted.

> Second problem I see is that this took 37 days to resolve "Justice delayed is justice denied " is an important principle that appears to have been forgotten in the west

Rereading the article, another insane detail is the judge setting bond at $2M. I think for any person who actually was motivated to perpetrate a mass shooting, no bond would prevent it. And for most innocent people, $2M might as well be $200M. They’re sitting in jail until trial. I think there’s an amendment about that or something but I’m not a lawyer.

I believe there are standing precedents about cash bail that state that it should not be used unless there’s a demonstrable risk the defendant will flee otherwise. The problem (one of them anyway) is that as a component of the process, it’s highly unlikely to be challenged to such an extent it makes it to the circuit courts where such precedents are made. Bonds should not be used, in and of themselves, as punishments, or as leverage for prosecution. If a person is a danger to themselves or others, they should be denied bail. If they are a clear flight risk, then the bond should be set accordingly to ensure compliance. If they are neither, they should be released on their own recognizance and afforded the right to fully participate in their own defense.

Edit: also not a lawyer

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

#450

Earlier quoted context omitted.

There’s a large difference between tampering with an election by spreading misinformation (illegal) and posting a picture that expresses an opinion (free speech)

No there isn't, according to the appeals court which overturned it.

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