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htownbrown

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Posts posted by htownbrown

  1. 26 minutes ago, Neo said:

    1) where was I advocating for a gun ban?

    Fair enough, it seemed like that's where you were heading.

    2) You are never going to completely stamp out gun violence, just like you are never going to stamp out the production, sales, and usage of dangerous narcotics.

    This is certainly true.

    The only thing you can do is try to limit the damage. By passing common sense laws that BOTH sides can agree on. 

    This is where effectiveness matters.  No one has produced anything of substance other than an outright ban.  The only thing that will do is create more criminals, just like the drug wars have.  

    If you legalized heroine today, your not going to have 3x as many people slumped over at the bus stops tomorrow morning.  The proclivity is already there regardless of the law that has banned it or it's not there at all.  Proclivity isn't influenced by Congress, unless your talking about white collar crimes perhaps.  Unless you want to address the "WHY", you're just farting into the wind.

     

     

  2. 21 hours ago, Neo said:

    So what's your solution? We can't get every nut job that slips through the cracks. All I hear  from both sides is how we need stricter gun laws, and the other side says the gun laws are stupid and violate the 2nd amendment. Nobody ever has anything constructive to say just bickering. So again, what can be done? 

    So if you had to guess, how much do you think a gun ban would reduce the number of shootings in this country?  100%? 50%?  25%?  I assume you have some idea of it's effectiveness since you seem to be advocating for it.

    Would it be comparable to the effectiveness of a complete ban on illict drugs?  

  3. So here is my line in the sand on abortion...

     

    https://www.dispatch.com/story/news/2022/07/01/ohio-girl-10-among-patients-going-indiana-abortion/7788415001/

     

    There is no way a 10 year old should be having a baby.  I have no problems with her going anywhere to get an abortion. It's super dangerous for her and she would suffer dearly down the line if not immediately. 

    I also would like to say, this newspaper, their editors, their writers are all some of the worst MFs I've ever come across in the media.  How you can write an article like this is hard to fathom.  

    You can't just normalize a pregnant 10 year old into a general opinion piece on abortion.  You can't even group it with a teenager having an abortion.  It's so extremely rare (and disturbing) that it deserves more effort than two fucking sentences in some shitty op-ed.  This would be a journalistic opportunity to point out why abortion should be available in extreme situations.  BUT NO!!, let's do our best to make it blend in with the standard fare.  Fuck off!

     

    • Like 1
  4. 1 hour ago, VaporTrail said:

    I'm of the opinion that it's a worse offense for one innocent person to be punished by the law than it is for ten guilty people to walk free. 

    No, my argument is not just about bad actors. It's also about negligence. If I maim someone for life, even if it was an honest mistake, they still should be able to sue me and/or my employer for recompense. If I don't perform minimum standards of care, then I deserve to be liable. The same should apply to cops. This decision has made it more difficult to seek financial recompense if you are wronged. 

    I am not a lawyer. The argument presented by the minority is what I agree with. Apparently, our point of disagreement is in the interpretation of Dickerson.

    I respect most of what you're saying.  I wouldn't consider maiming someone for life as very comparable to not being read your miranda rights, but I understand the need for responsibility.  

    The problem lies in the nature of how miranda is implemented.  

    For instance, if one of your patients told the police you groped them when they were under anesthesia, should the police show up and instantly arrest you?  Or should they be able, legally, to ask you a few questions first?  And if they do arrest you, after you spill the beans, did they violate miranda rights?  Because that last question is open to wildly different opinions.  You would be holding people liable for legal grey areas.

  5. 15 hours ago, VaporTrail said:

    I am talking solely about cases where the cops screw up, don't read you your miranda rights, and where criminal charges against you would be thrown out. In those cases, you can be jailed without being convicted of a crime. You can sit in jail a few days before your court date. You can pay bail to get out of jail that you never should have been in. Those things all seem like reasonable civil court claims to me.

    I'm perfectly fine with compensation/reimbursement for wrongful or malicious incarceration.  I guess I don't understand why that has to be tied to miranda rights.

    BUT chances are a decent percentage, whose miranda rights were violated, would have been criminals who may of had a much greater chance of walking due to a fuck up.  That's the jackpot prize.  It would be a complete mockery if they got paid on top of it.  Not getting read your rights doesn't make you innocent of anything.  It probably makes you more lucky than anything.

    I understand your referring to situations that the cops are acting in a nefarious manner, but the fact is cops acting in good faith, with bad information from a witness/victim, could also be caught up in a suit.

    If you look at the SCOTUS case and take the plaintiff at face value, do you find fault in not reading someone their rights before they're arrested?  Why would you be obligated to use their own words against them in a court of law or advise them to get an attorney if they're not being charged with a crime at that point?  Even if the cop is actively trying to coerce you into a confession, you're still not under arrest.  How is that a violation of your miranda rights?  I mean, in that case, your rights are being violated, but not your miranda rights.

    Look, you've had a 5th amendment right for nearly 250 years.  That's not being taken from you.  I find it a little odd to sue someone for not reminding you of a right you've had for your entire life.  It's a gift in of itself that NOT getting a mandatory "courtesy" synopsis of the law gets you out of as much shit as it does.

    • Upvote 1
  6. 1 hour ago, VaporTrail said:

    No, I'm not advocating for that. I'm not advocating for frivolous lawsuits. I am advocating for average joe to be able to seek renumeration if government officials mess up. The closest personal example I have for this is that a USPS mail carrier somehow hit a family member's truck that was parked in his driveway. It is clear that the postal worker screwed up, however, the individual nor the USPS could be sued for damages to the truck due to government immunity. Take that principle and apply it to a cop doing his job incorrectly. If that can clear you of criminal wrongdoing, then why shouldn't they be subject to civil suit for any damages - e.g. lost wages from being thrown in jail for 3 days?

    Fair enough, but that doesn't have to be addressed through miranda rights.  If you were wrongfully arrested and actually read your rights, this would do nothing to help you.  This should be addressed elsewhere.  The actual damage is not done at this point, if your going to jail either way.

  7. Well, when you look at the context of the case they were looking at (Tekoh vs Vega), it makes more sense.

    The accused thought his miranda rights were violated, even though he was not under arrest at the time of his interrogation and subsequent written confession.  He claimed he was coerced into a false confession through threats of violence, which the officer/PD could still be held responsible for, if it can be proven.  I'm guessing it could not be proven, so the accused went after a 5th amendment rights violation. 

    To be fair, the accused was acquitted, so maybe there is something to his story of a false coerced confession.  However, it would be extremely risky to interrogate a suspect without arresting him first, if your going to be held liable.  Who would want to ask any questions if that were the case?

    Essentially, if the SCOTUS had the opposite opinion, defense lawyers everywhere could argue nothing you say, before you're arrested, should be admissible in a court of law.

    I'm no Saul Goodman, but I'm not seeing the ruling as outrageous.  As you stated, we still have miranda rights.  Maybe you're wanting to amend the law so police have to read us our rights at every interaction? 

  8. 16 minutes ago, TexasAg1969 said:

    How about a real patriotic speech concerning what was done.

    Republican and war veteran knows exactly what happened and why. 

     

    So if I believe everything this man says, I don't see where the crime happened.  If Trump BELIEVED the conspiracies, than how would he be acting in bad faith.  You can't say he believed nonsense conspiracies and he knowingly tried to steal the election.  That's double talk.  If he BELIEVED the election was stolen why wouldn't he want the "conspiracy" uncovered?

  9. 27 minutes ago, TexasAg1969 said:

    Now I think it somewhat funny that the same court that some here were claiming corrupt for not upholding trumpy's claims of election fraud in just the past few days would not let individual states decide their own gun laws and in the same breath say that abortion rights had to go back and be decided by individual states. But since that is what several of you wanted who say the courts were corrupt, I guess they are no longer corrupt. Go figure out how all of that works in your now somewhat confused states of mind. Maybe flip a coin or something.

    Oh, and Judge Uncle Thomas is coming after individual rights for birth control now too. How does that fit in maintaining your American freedoms?  

    https://www.politico.com/news/2022/06/24/thomas-constitutional-rights-00042256

     

     

    Gun rights are written into the constitution, abortion is not.

    And how is Clarence Thomas an U. Tom?  Because he's on the right?

    • Like 1
    • Upvote 1
  10. "I'm a parent of kids that identify as LGBTQ, and so I'm just fighting to make sure they are safe and comfortable in schools as all kiddos should be," Chris McCormick, a mother from Fairfax, told Fox News Digital. "Protect every child also means protecting our LGBT students who are often at greater risk for a lot of things."

     

    Kids, as in plural?  What the hell is going on in your house, lady?  

    • Sad 1
    • Upvote 2
  11. 8 hours ago, TexasAg1969 said:

    It's up to a jury to decide guilty or not guilty. but I would not be surprised by a criminal charge of sedition by DOJ. They have requested complete transcripts of the interviews undertaken by the Jan 6 committee which in effect is laying the groundwork for the Jan 6 attorneys assigned to that task in DOJ. That is just the federal undertaking. Stay tuned to see what other groundwork comes out from the remaining hearings. They are only about half done making the links by interviews with Trump insiders. And I have no idea where Georgia (or any other state) will take it.

    https://www.dictionary.com/browse/sedition

    And ah, the kinder gentler Steve. You lasted a few days more on your own request than hammertime anyway. LOL! Hypocrite? If the fu shits.

    Well, the evidence isn't there for a conviction, but if you simply want an indictment you don't need much.  Seems like a big waste of time if that's the end game.

    • Upvote 1
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