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PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

Dead Reckoning posted:

I'm deeply uncomfortable with the precedent set by implied consent/no refusal laws, even though I understand the reasoning, so I'm pretty OK with Garrity.

What is the reasoning behind no refusal laws?

I could see this both ways. I understand the no incrimination thing, but I would also think that, since the police can search you if their suspicions clear some standard, they could call your refusal to do a breath test an obstruction of their investigation.

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PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer
Are those weak-poo poo charges? What kind of felony is second-degree riot?

PostNouveau fucked around with this message at 22:56 on Nov 30, 2015

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

Dead Reckoning posted:

Riot in the second degree gets you up to five years and a $10,000 fine, assault in the second degree is up to ten years and $20,000. The shooter is facing five counts of the latter, don't know if or how they'll stack.

Sounds pretty good. Is it only murder that the accessories get charged with the same crime as the triggerman? I just saw a story where a getaway driver took a murder charge on an armed robbery gone south.

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer
The number of police charged with manslaughter and murder in 2015 is triple the number for 2014.

The story cites the proliferation of video cameras as a possible cause, but I don't think it's a stretch to credit the BLM movement.

Or just statistical noise, because tripling is going from 5 to 15.

Also, the California Highway Patrol officer caught on camera beating the hell of some lady will not face charges. He previously agreed to resign as part of a $1.5 million settlement.

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

menino posted:

Two off duty Chicago cops beat the poo poo out of two guys in 2010 and uniforms covered it up:

https://www.vice.com/read/city-of-silence-117

Combined with the McDonald incident, reading this article seriously makes me want to leave Chicago, and I'm a native who is from a huge CPD/CFD neighborhood. This city is loving rotten.

Reading about people getting thrown into Kafka stories is always sad and unsurprising.

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer
An interesting article on California rethinking its rules on whether children can waive their right to remain silent.

http://www.latimes.com/local/crime/la-me-kids-confess-20151129-story.html

The story starts with a 10-year-old (!) who confessed to killing his father and was subsequently convicted of murder, but this also jumped out at me:

quote:

A San Francisco-based state appeals court recently condemned police tactics in the case of a 13-year-old found to have committed a lewd and lascivious act upon a child.

Justice J. Anthony Kline, writing for a three-judge panel, blamed detectives' "accusatory … dominating, unyielding and intimidating" interrogation for the boy's admission that he touched a 3-year-old in the vaginal area out of curiosity. The court noted that detectives lied to the boy — a practice permitted in the U.S. but not in several European countries — to extract an admission.

"The realization that children and adolescents are much more vulnerable to psychologically coercive interrogations and in other dealings with the police" is well-known, Kline wrote.

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

Trabisnikof posted:

Or speaking of Chicago, how it has been confirmed that different police reports directly contradict the evidence in the McDonald killing, but shocking to no one, there've been little to no followup from police.


Yup, that's right, they ruled the killing a "good shoot" without even looking at the dashcam evidence.


They had a warning out for a gunblade?

PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer

pentyne posted:

http://www.nbcnews.com/news/us-news/hung-jury-trial-baltimore-cop-freddie-gray-case-n481296


Once the gag order is up it's going to be interesting to see what was going on in the jury room.

Googling around isn't telling me anything, so maybe I'll just toss this out to the lawyers in the thread.

This is a great result for the defense, right?

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PostNouveau
Sep 3, 2011

VY till I die
Grimey Drawer
There's a lawsuit in California that may be the beginning of the end of the cash bail system

quote:

Crystal Patterson didn't have the cash or assets to post $150,000 bail and get out of jail after her arrest for assault in October.

So Patterson promised to pay a bail bonds company $15,000 plus interest to put up the $150,000 bail for her, allowing the 39-year-old to go home and care for her invalid grandmother.

The day after her release, the district attorney decided not to pursue charges. But Patterson still owes the bail bonds company. Criminal justice reformers and lawyers at a nonprofit Washington D.C. legal clinic say that is unconstitutionally unfair.

The lawyers have filed a class action lawsuit on behalf of Patterson, Rianna Buffin and other jail inmates who argue that San Francisco and California's bail system unconstitutionally treats poor and wealthy suspects differently.

...

The lawsuit filed by the Equal Justice Under Law in San Francisco federal court in October seeks to abolish the cash bail system in the city, state — and the country. It's the ninth lawsuit the center has filed in seven states.

"The bail system in most states is a two-tiered system," said center founder Phil Telfeyan. "One for the wealthy and one for everyone else."

The center has settled four lawsuits, persuading smaller jails in states in the South to do away with cash bail requirements for most charges.

Telfeyan said a win in California could add momentum to the center's goal to rid the country of the cash bail system, which the lawyers say is used by most county jails in all 50 states. The federal system usually allows nonviolent suspects free without bail pending trial and denies bail to serious and violent suspects.

It's blindingly obvious what the system is, but I won't be the least bit shocked if all the settled law on the matter just so happens to gently caress over the poor real hard. Strange how that happens so often.

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