earthworm
DP Veteran
- Joined
- Dec 21, 2005
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- Goldsboro,PA
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- Progressive
Sorry, but this is one of the stupider ideas I have heard in a very long time. It would totally hamstring the police, who would be afraid to act fearing that some one might get off on a technicality and they end up screwed.
It is called an arrest charge. The D.A. can dismiss the case, but then again you could still be out of a job because some employers don't like to continue employing those who have been recently arrested.
- Just because you're found not guilty doesn't mean you were falsely arrested...nor does it mean you're innocent.
I am convinced that under US Federal Law and the American Constitution, being found not guilty means you're innocent.
I am convinced that under US Federal Law and the American Constitution, being found not guilty means you're innocent. Remember, innocent until proven guilty.
That is not how she meant it. Innocent in the eyes of the law, and innocent as in you did not do it, are two different things.
In general, would you agree with a new law that requires individual police officers to pay, out of their own pockets, all costs that accrue from a false or wrongfully charged crime?
After all, if the individual suspect is eventually cleared of the charges, it doesn't mean they're not affected by being charged with a false crime. They have to pay the lawyer fees and they may even lose their jobs because of such charges. And without such a law, they're forced to eat all costs despite the fact that the charges have been dropped or dismissed.
I know I was pissed when the cops pulled me over and charged me with a false crime. I was on my way to work and I could have lost my job. Thank God I didn't, but I did lose a day's worth of pay and that isn't cheap. My lawyer's fees are also not cheap and if since I'm completely innocent, why is it my obligation to just eat the costs? If not the police officers, perhaps the courts should retrospectively pay all my costs that I've accrued thanks to their ridiculous laws and incompetent enforcers.
If we held them liable for their own wrongdoings, perhaps it would provide a crucial incentive for them to prevent any future wrongdoing.
No, but they probably should be repremanded in some way. Anything from unpaid suspension to being fired. The cops do need to be controlled for sure, any and all branches of the government must be controlled. We don't take it seriously now and I think that's why we start seeing the attitude and actions now that are so previlant amongst cops. I don't know if we should make them pay out of pocket; but they do need to be punished particularly for wrongful arrests. They have too much power and have stopped being challenged so they think they can do whatever they want. Gotta reel that dog in, make it understand who the real master is.
I am convinced that under US Federal Law and the American Constitution, being found not guilty means you're innocent. Remember, innocent until proven guilty.
I am convinced that under US Federal Law and the American Constitution, being found not guilty means you're innocent. Remember, innocent until proven guilty.
Please give us an example of a wrongful arrest.
Should individual police officers pay out-of-pocket for wrongfully charged crimes
Ok, I'm done answering alot of your questions Elijah.
It seems to me that every single thread that I have ever seen you post in regards to the law, police, and court system is all about "poor <insert your percieved victim here>".
You really come across as someone who wants anarchy.
I've argued with people like that before and I've gotta tell you, it is NEVER satisfying to do so. It is much like argueing with John Lear about there being snow capped mtns and lakes and breathable air on the far side of the moon.
And in case you don't believe me about him....
Link
And yes...I HAVE argued with him about it.
Of course not, it would weaken the police extremely, their effectiveness would go down tremendously, and it would hinder their ability to pursue cases.
- Police officers should not be held personally responsible for discharging their duties within the confines of those duties and responsibilities.
- Just because the state decides not to prosecute doesn't mean you were falsely arrested...nor does it mean you are innocent.
- Just because you're found not guilty doesn't mean you were falsely arrested...nor does it mean you're innocent.
- Everything that happens to you is not recompensable. There is cost to living life.
Worse than risking police not pursuing suspects is the idea that a police officer, once he arrests someone, may work with his fellow officers, who one day may be in the same position and will want the favor returned, to plant evidence or do other illegal actions, such as writing false reports, to ensure that his suspect is in fact found guilty.
really? do you really not get it? WTF dude, why do you have such a hard on for the cops?
Being found "Not Guilty" is not necessarily the same as being "innocent" and therefore "Wrongfully" charged. How exactly would you define "wrongfully charged"? Are you meaning anyone that is charged with a crime and found to have not had sufficient evidence to be convicted?
I have the hard on? You're the former cop. If anyone here is sucking black & white dick, it isn't me.No offense.
Anyone smell bacon?
Please allow me to refer you to Frank Serpico:
When the massive scale of corruption was discovered, there was no such law (as the one I'm proposing) in existence.
Police can arrest you on suspicion of a crime. The courts determine whether there is enough evidence to proceed with a trial. If you employer fires you for being arrested, but not charged and tried for a crime, they're just opening themselves up to a massive lawsuit.
And what about the courts? Should they pay for the damages associated with a wrongful arrest and/or absolved charge?
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