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The Magic Cafe Forum Index » » Not very magical, still... » » Stay safe in Baltimore (9 Likes) Printer Friendly Version

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Magnus Eisengrim
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Quote:
On May 2, 2015, LobowolfXXX wrote:
Do you want a society without jails?


Where's gdw when we need him?
The blood-dimmed tide is loosed, and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity.--Yeats
Dynamike
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Quote:
On May 2, 2015, LobowolfXXX wrote:
Do you want a society without jails?

Everybody still want jails and prisons, (even though so many blacks in there did not commit a crime.) If a black man commits a crime, the law enforcer should go about arresting the suspect the proper manner. They are making it just as worse with brutality. So many are breaking the law and getting away with it. It is a good thing more law enforcers wrong doings are being recorded. All law enforcers should wear cameras. It will make them think twice. That will put out the riots.
Dannydoyle
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All rioters should wear cameras.

What exactly do you believe the "proper manner?

Why should only black men be arrested in this fashion?
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
Dynamike
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What do we want?...Justice.
When do we want it?...Now.
Dannydoyle
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Define justice.

Don't just chant, don't just parrot words. Use your own mind and go from there.
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
LobowolfXXX
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Quote:
On May 2, 2015, Dynamike wrote:
What do we want?...Justice.
When do we want it?...Now.


I think cameras are a good idea, too.

So, do you think the rioters and looters and the black officers who participated in the death of Freddie Gray should receive the criminal consequences of their actions?
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
balducci
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Quote:
On May 1, 2015, Kabbalah wrote:
Quote:
On May 1, 2015, mastermindreader wrote:

The letter from the police union isn't evidence of anything except their desire to have this matter pushed under the rug, just like the innumerable previous instances of police brutality in Baltimore that have resulted in over 7 million dollars in settlements paid out by the city in recent years.



Do notice the conflicts of interest cited in the letter.

Marilyn Mosby and her husband are long-time friends of Billy Murphy, the attorney for Freddie Gray's family.

Her husband is the city councilman for Freddie Gray's district.

You forgot to mention that she is from a family of police officers.

"Lest anyone think she lacks respect for the police, Ms. Mosby took pains to point out on Friday that her mother, father and grandfather were police officers. She has noted that her grandfather was a founding member of the first association of black police officers in Massachusetts."
Make America Great Again! - Trump in 2020 ... "We're a capitalistic society. I go into business, I don't make it, I go bankrupt. They're not going to bail me out. I've been on welfare and food stamps. Did anyone help me? No." - Craig T. Nelson, actor.
Dannydoyle
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Quote:
On May 2, 2015, LobowolfXXX wrote:
Quote:
On May 2, 2015, Dynamike wrote:
What do we want?...Justice.
When do we want it?...Now.


I think cameras are a good idea, too.

So, do you think the rioters and looters and the black officers who participated in the death of Freddie Gray should receive the criminal consequences of their actions?


How exactly do you think that is the "justice" he is speaking of?
Danny Doyle
<BR>Semper Occultus
<BR>In a time of universal deceit, telling the truth is a revolutionary act....George Orwell
balducci
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Quote:
On May 1, 2015, Kabbalah wrote:
Quote:
On May 1, 2015, mastermindreader wrote:

The prosecutor also found that Freddie Gray had committed NO CRIME and that the knife found on his person was not a switchblade and was perfectly legal.



Seems like the prosecutor needs to study some:

Gray willfully interfered with a police investigation by running.

In Maryland it is a crime to obstruct or hinder a police officer from conducting an investigation. Obstructing and hindering is a common law crime and a misdemeanor in Maryland. It carries a maximum of three (3) years incarceration and/or a $3,000 fine.

Elements of Obstructing/Hindering (A crime) -

1. The officer is engaged in the performance of duty. (No room for debate here)
2. There is an act or omission of an act which obstructs or hinders the officer in the performance of duty. (Running)
3. The accused has knowledge that the officer is engaged in the performance of duty. (Suspect saw police uniforms)
4. There is intent to obstruct or hinder the officer by the actions of the defendant. (Again, running)

This will defeat the false imprisonment charges.

AFAIK, they did not charge or arrest him for obstructing / hindering a crime or police officer, so I think your observation is irrelevant.
Make America Great Again! - Trump in 2020 ... "We're a capitalistic society. I go into business, I don't make it, I go bankrupt. They're not going to bail me out. I've been on welfare and food stamps. Did anyone help me? No." - Craig T. Nelson, actor.
LobowolfXXX
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Quote:
On May 2, 2015, balducci wrote:
Quote:
On May 1, 2015, Kabbalah wrote:
Quote:
On May 1, 2015, mastermindreader wrote:

The letter from the police union isn't evidence of anything except their desire to have this matter pushed under the rug, just like the innumerable previous instances of police brutality in Baltimore that have resulted in over 7 million dollars in settlements paid out by the city in recent years.



Do notice the conflicts of interest cited in the letter.

Marilyn Mosby and her husband are long-time friends of Billy Murphy, the attorney for Freddie Gray's family.

Her husband is the city councilman for Freddie Gray's district.

You forgot to mention that she is from a family of police officers.

"Lest anyone think she lacks respect for the police, Ms. Mosby took pains to point out on Friday that her mother, father and grandfather were police officers. She has noted that her grandfather was a founding member of the first association of black police officers in Massachusetts."


Some of her best friends are police officers, one might say. I don't think pointing out a conflict of interest is a suggestion that she lacks respect for the police.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
LobowolfXXX
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Quote:
On May 2, 2015, balducci wrote:
Quote:
On May 1, 2015, Kabbalah wrote:
Quote:
On May 1, 2015, mastermindreader wrote:

The prosecutor also found that Freddie Gray had committed NO CRIME and that the knife found on his person was not a switchblade and was perfectly legal.



Seems like the prosecutor needs to study some:

Gray willfully interfered with a police investigation by running.

In Maryland it is a crime to obstruct or hinder a police officer from conducting an investigation. Obstructing and hindering is a common law crime and a misdemeanor in Maryland. It carries a maximum of three (3) years incarceration and/or a $3,000 fine.

Elements of Obstructing/Hindering (A crime) -

1. The officer is engaged in the performance of duty. (No room for debate here)
2. There is an act or omission of an act which obstructs or hinders the officer in the performance of duty. (Running)
3. The accused has knowledge that the officer is engaged in the performance of duty. (Suspect saw police uniforms)
4. There is intent to obstruct or hinder the officer by the actions of the defendant. (Again, running)

This will defeat the false imprisonment charges.

AFAIK, they did not charge or arrest him for obstructing / hindering a crime or police officer, so I think your observation is irrelevant.


Pretty sure that doesn't follow. Of course they didn't charge him; you don't get charged on the way to the station.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
LobowolfXXX
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Quote:
On May 2, 2015, Dynamike wrote:
Quote:
On May 2, 2015, LobowolfXXX wrote:
Do you want a society without jails?

Everybody still want jails and prisons, (even though so many blacks in there did not commit a crime.) If a black man commits a crime, the law enforcer should go about arresting the suspect the proper manner. They are making it just as worse with brutality. So many are breaking the law and getting away with it. It is a good thing more law enforcers wrong doings are being recorded. All law enforcers should wear cameras. It will make them think twice. That will put out the riots.


BTW Mike I appreciate your perspective on this as a black man and I respect your willingness to share an opinion on something that may hit you as a much more personal issue that it is for the rest of us.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
balducci
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Quote:
On May 2, 2015, LobowolfXXX wrote:
Quote:
On May 2, 2015, balducci wrote:

AFAIK, they did not charge or arrest him for obstructing / hindering a crime or police officer, so I think your observation is irrelevant.


Pretty sure that doesn't follow. Of course they didn't charge him; you don't get charged on the way to the station.

The way I wrote it you may be right. So drop the word charge from what I wrote. I read it was an illegal arrest. So what does that mean, exactly? If Kabbalah is correct, shouldn't the arrest be legal?

Let me put it another way, do you think Kabbalah has a valid point? Or was it pretty much irrelevant? You are the lawyer here, so educate me.

Smile
Make America Great Again! - Trump in 2020 ... "We're a capitalistic society. I go into business, I don't make it, I go bankrupt. They're not going to bail me out. I've been on welfare and food stamps. Did anyone help me? No." - Craig T. Nelson, actor.
LobowolfXXX
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I would think that a false imprisonment charge would be an extremely tough row to hoe. They'd have to show - beyond a reasonable doubt - that they illegally had him in custody. Bear in mind that the threshold for police officers taking a suspect into custody isn't the actual commission of a crime; it's probable cause. So I don't think that charge will fly. Of course, I think they have other things to worry about. :o

In civil cases, there's a doctrine called res ipsa loquitur ("The thing speaks for itself"). It used to be that you had to prove exactly what you were alleging happened. For instance, the doctrine arose from a case in which a guy was walking down the sidewalk, and a barrel from a business fell out of a window and hit him on the head. He sued for negligence. Under the established law at the time, he had to prove specifically what had happened, that is, Were the barrels stacked negligently? Were employees goofing off? etc. In other words, the plaintiff would have been pretty well screwed. But the new doctrine said, basically, we don't have to know exactly WHAT happened to know that there was negligence; the situation couldn't have arisen otherwise. The court laid down a bunch of rules, e.g. the barrel was in the exclusive possession and control of the business' agents, etc., but basically common sense prevailed.

That's a civil law doctrine, but I have to say, while still awaiting more facts to come out from this case, it almost sounds like a res ipsa loquitur type of situation. I think the officers are going to have a hard time suggesting that Gray's injuries DIDN'T arise because of their intentional and unjustified actions.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
mastermindreader
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Gray committed no crime, not matter how Kabbalah wishes to spin it and there were no grounds to arrest him.

The police have already stated that they didn't arrest him for "running," but for possession of an illegal switchblade. The knife in his possession, however, was not a switchblade nor was it illegal.

Note that Kabbalah, who is clearly acting as an apologist for the police action in this case, has introduced his own interpretation of the law by including running as "obstruction."

His point, therefore, is not only irrelevant, it is factually and legally incorrect.
LobowolfXXX
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I agree that Kabbalah is an apologist for the police; however, if the statute is cited correctly, it's obstructing OR HINDERING, and I do think running from officers can reasonably be construed as hindering their investigation. Whether or not he was arrested for it is a separate issue from whether or not he did it. If he'd survived the trip to the station, he might very well have been charged with it.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
LobowolfXXX
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BTW, for those who don't want to go to law school but have an interest in various aspects of the law (criminal, constitutional, pretty much anything you can think of), I strongly recommend Aspen Publishing's "Examples and Explanations" series. http://www.thelawbookstore.com/legal_boo......anations (available cheaper no doubt from used sources). They're written by different authors, so some are better than others, but by and large, they'll give you a really good understanding of various aspects of the law without all those pesky student loans. They're pretty entertaining, too.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
Randwill
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What were the officers investigating that was hindered?
mastermindreader
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Quote:
On May 2, 2015, LobowolfXXX wrote:
I agree that Kabbalah is an apologist for the police; however, if the statute is cited correctly, it's obstructing OR HINDERING, and I do think running from officers can reasonably be construed as hindering their investigation. Whether or not he was arrested for it is a separate issue from whether or not he did it. If he'd survived the trip to the station, he might very well have been charged with it.


And if Gray was, in fact, charged with obstruction, the State would have the burden of showing that they had probable cause to pursue him and that the orders they gave him were lawful. Given the facts of this case as they presently appear, it seems unlikely that they would have been able to prove either.
LobowolfXXX
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Quote:
On May 2, 2015, mastermindreader wrote:
Quote:
On May 2, 2015, LobowolfXXX wrote:
I agree that Kabbalah is an apologist for the police; however, if the statute is cited correctly, it's obstructing OR HINDERING, and I do think running from officers can reasonably be construed as hindering their investigation. Whether or not he was arrested for it is a separate issue from whether or not he did it. If he'd survived the trip to the station, he might very well have been charged with it.


And if Gray was, in fact, charged with obstruction, the State would have the burden of showing that they had probable cause to pursue him and that the orders they gave him were lawful. Given the facts of this case as they presently appear, it seems unlikely that they would have been able to prove either.


That's correct, but that's not the issue. That would be the issue if Gray were defending an obstruction charge. Instead, with respect to the officers defending a false imprisonment charge, the prosecution of the officers would have to show - beyond a reasonable doubt - that they DIDN'T have probable cause to detain him.
"Torture doesn't work" lol
Guess they forgot to tell Bill Buckley.

"...as we reason and love, we are able to hope. And hope enables us to resist those things that would enslave us."
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