ikeboy

6 ms·

1.
by ikeboy 2mo ago
Thomas Alan Arthur is currently serving 40 years in a US prison. He was convicted of publishing fictional text stories and two cartoon style drawings. (Note that he was accused of assault decades ago, which apparently factored into his sent
2.
by ikeboy 3mo ago
In this case the statement they checked off said that there was an unlawful reproduction of a trademark. There was no reproduction at all, since the products were originally manufactured by the brand. Boggles my mind how that can be an opin
3.
by ikeboy 3mo ago
We got told by the 9th circuit that false claims submitted under penalty of perjury are actually just "opinions" not capable of being proven true or false. https://law.justia.com/cases/federal/appellate-c
4.
by ikeboy 4mo ago
The case shouldn't have been brought, but even if brought he should have had a prompt bond hearing and been let out within 24 hours.
5.
by ikeboy 4mo ago
My concern is that new crimes will be weaponized.
6.
by ikeboy 4mo ago
In short, unlawful means different things in different contexts. In the context of false imprisonment, it generally means without legal process, and legal process later overturned does not count. See eg. https://caselaw.findlaw.c
7.
by ikeboy 4mo ago
What does that have to do with the elements of false imprisonment?
8.
by ikeboy 4mo ago
Magistrates are supposed to verify that the warrant contains probable cause and reject ones that don't. You could make the system more adversarial at that point, although I think enforcing bail hearings where a public defender can argu
9.
by ikeboy 4mo ago
>We need to tame the impulse to throw people in jail for doing things we dislike And in comments I expanded on this and gave several specific reforms. Not sure what your understanding was.
10.
by ikeboy 4mo ago
Look up the elements of false imprisonment. When there's a warrant, even if wrongly granted, the arrest and imprisonment is considered lawful.
11.
by ikeboy 4mo ago
The magistrate judge should not have approved the warrant. They should have had a bail hearing within 24 hours, at which it would have been clear that they posed no threat. Instead somehow bail was set at $2 million and the hearing to reduc
12.
by ikeboy 4mo ago
The warrant here was approved by a magistrate judge, and I would suggest making the process for approval more robust to reduce this kind of abuse. Personal civil liability and firing can also help.
13.
by ikeboy 4mo ago
As I mentioned elsewhere, neither currently apply because due process of law was followed.
14.
by ikeboy 4mo ago
I would get rid of all forms of immunity and mandate body cameras. Probably also raise requirements for police officers. And part of it is reducing the scope of what the cops are meant to enforce. I appreciate the massive harms done by inca
15.
by ikeboy 4mo ago
If you include the guy who was arrested for posting memes as participating in a coup, sure. "But the memes were misleading" (as someone else in this thread was arguing) I don't care.
16.
by ikeboy 4mo ago
What? My original comment says that we need to reform in a different way.
17.
by ikeboy 4mo ago
I haven't said those things. Rape and murder are existing crimes, and they should be applied equally to police officers. I think that the core problem with the system is not individual bad actors, but overcriminalization and the accept
18.
by ikeboy 4mo ago
We should indeed get rid of many laws because the benefit is outweighed by the abuse. America has one of the highest rates of incarceration in the world (used to be #1) but suggest that maybe we're overcriminalized and you must be talk
19.
by ikeboy 4mo ago
False imprisonment generally doesn't apply when due process is followed, like getting a warrant. You'd have to change the law to allow for prosecutions in cases like this, and that change would likely be weaponized in other cases.
20.
by ikeboy 4mo ago
That's not at all what I said. I'm saying that for decades, people who were maliciously prosecuted by the federal government had effectively no recourse. It's good to change that, and I'm hopeful that the new fund does s
21.
by ikeboy 4mo ago
I doubt that. The magistrate judge already granted an unconstitutional warrant, why assume the result would be different with more info?
22.
by ikeboy 4mo ago
When an appeals court rules on one issue that's enough to decide the case, they often don't rule on the remaining issues. Anyway I don't see how you'd word a law that only applies to the cases you like and not the ones y
23.
by ikeboy 4mo ago
Public trust should be lost, because these institutions were never trustworthy. I am not both sidesing. I'm saying that there are better reform options than adding additional criminal statutes that are likely to be abused. Put simply,
24.
by ikeboy 4mo ago
OP says that they left out information (which cops do all the time) but that the warrant shouldn't have been granted either way because of SCOTUS precedent. Would welcome reform that makes it harder to lie on warrant affidavits, althou
25.
by ikeboy 4mo ago
I've read the second circuit opinion and saying that it was legal is a fair takeaway. They didn't reach the 1st amendment grounds though because they didn't need to once determining that he didn't conspire as required (t
26.
by ikeboy 4mo ago
The magistrate judge is supposed to be a check on that power. Unfortunately, they've become rubber stamps for the most part. In a functioning system, the judge would block the warrant and arrest. I think there are ways to have a system
27.
by ikeboy 4mo ago
The thing is, each side will think you're talking about the other side. I view it differently. To me there's the pro incarceration side and the anti incarceration side. Both parties institutionally are pro prosecution and have fai
28.
by ikeboy 4mo ago
This is another example of the kind of partisan thinking I'm criticizing. It's nearly impossible to get paid for malicious prosecution by the federal government. Read up on https://en.wikipedia.org/wiki/Hyde_A
29.
by ikeboy 4mo ago
See I don't view the guy getting out after 37 days as a success. It's a failure but it could have been worse. I also think every party involved in that failure should be fired and rendered unemployable in the field.
30.
by ikeboy 4mo ago
We should start by removing the ability of prosecutors and police to bring such cases in the first place.

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