Originally Posted by Ne-yo
I'm thinking you have never been to the Jefferson Memorial before. The Jefferson Memorial, or in a publicly owned cemetery, would be constitutionally restrictable as speech in a nonpublic forum. Speech on a street outside either place would be generally much more protected, as speech in a traditional public forum.
What you do not know is the fact that there is a bright line that demarcates the areas off-limits to demonstrations like this at the Jefferson Memorial as well as other DC memorials that are administered by the Park Service it’s called The Code of Federal Regulations, specifically 36 CFR 7.96. sec.(g) It’s available at any library or you can order a copy on line and it even has a map of the memorial outlining where people CAN and CANNOT demonstrate. Code-pink is very aware of this and specifically engineered this whole stunt hoping for a conflict with the Park Police regarding the dismissal of Oberwetter's lawsuit from 2008.
No, I have never been there. Despite the laws and regulations which apply on this case I still see no reason to handcuff or arrest a person. As I explained before, from our point of view it is not valid. They could have removed the persons from the memorial and it would have been enough. Maybe fined too if that is such a great blasphemy, but not arrested. Apparently not in USA.
Originally Posted by Ne-yo
Exactly and if you notice in the video when the officer requested for this individual they said it was Thomas Jefferson. What kind of idiotic response is that? Thomas Jefferson wasn't even there.
I offered my points just to show differences between USA and ie. Finland ( you could replace Finland with quite many European country and still get nearly same result) . To raise questions, to raise pondering about the state of things. I don't know if such regulations apply in USA, but I doubt it.
Originally Posted by Ne-yo
What's laughable is you trying to dictate a law system in which you are obviously ignorant of.
I have actually had many interesting conversations with couple of my friends which both are lawyers here. There is so huge difference in law system between USA and my country that it is worth of getting a bit familiar with. The greatest difference, I have gathered, is that USA law system being common law, based mainly on precedents rather than civil law. Also, if I am right with this you have numerous layers of law, which differ greatly from each other. Each state has its own, individual law. In addition of that, you can have county laws or local laws? Then above all that looms the federal law, which reaches the whole nation? Then, after that you even have two separate ( time to time layered) courts of law, who continiously bicker each other about their range of jurisdiction over a single case? So basically, it is just a hell of a mess, nobody can stay clear about, except maybe public servants. Do they give you free state lawbook when you cross state border?
At least here people generally know almost all the important laws that apply and thus they won't accidentally break them all the time.
No wonder lawyers are so popular choice of career there.
On top of that, I doubt people would take all kinds of idiocy to the court, if they had to pay the winning side their court expenses. Some lawsuits I have read or seen are close to madness. There is even a social board game here in which you must guess which laws or lawsuits are true or false regarding America.
Originally Posted by Ne-yo
One has to be a moron to think that code-pink is justified in any of their actions. Do you even know anything about this group? Or are you just talking just to be talking? You do not need to tell a grown man over and over and over again to cease and desist. He was warned he did not take heed to the warning. I'm sure the officer was wondering why was he sizing him up in the first place. The officer saw him as belligerent and decided to take counter measures. Did you even watch the video?
I had to do a little digging regarding this code pink thing. I am not supporting any group here, I am merely talking about the situation in the video and how it was handled, in addition of question it raises about USA police and law system.
What police did to the dancing men was still handled poorly. My greatest concern, however, was the hugging couple. That was arbitrary decision from the police man. Even if you were in a god damn White House you shouldn't get to thrown in the jail or even taken to custody for hugginh. If that behavior is against rules and is not allowed ( which also is ridicilous as a law, in my opinion) your first move is to remove them from this area. Not to bash them in chains and lock them up for weekend. I don't buy that dance crap when applied to couple. The latter guys yeah, but the couple was just hugging each other.
I posted my reasoning why I think this whole thing is a farce.
The next topic :
So I googled how long it takes for policeman to be out in patrol and results I got were couple of months. Months? Be it with a superior or not, it is still ridicilous. I knew it cannot be much, but this is... well you can see it in the results. You don't even have a time to see if that man is suitable in that time. Unless you have blind fate on the man and the tests you do before the training. Let's not even mention the things they have time to train him with...
Just for comparison , its 2,5 years here before you have finished your basic policeman degree which includes field work period with a superior. ( if I recall right it is at least 8 months or so). After 3-4 years of work experience you can resume your studies to become a sub-officer or officer.
Originally Posted by Raphael
The cuffing was justified because they were resisting arrest (some of them). The ones who weren't resiting simply had to put their hands behind their back, I don't see how that's a big deal. Yeah, they could have arrested the people without the use of handcuffs, but they did.
You clearly have no idea what a real resist of arrest is all about. I have dealt with 50x angrier customers without touching them and I am just mere personal security. These guys are supposed to wield a legal power and use it responsibly. Again, from reasonable point of view they had no reason to arrest the couple in the first place.
Originally Posted by Raphael
They are policemen so I trust their judgement. Either way, it doesn't make much of a difference if they were cuffed or not.
That is a very dangerous way of thinking. And actually it does. I have reasoned it before. I would not trust those kind of cops in any circumstances. Luckily, I don't live there.
Originally Posted by Raphael
Proper time to get out? They were given plenty of time to leave after they were issued warnings, when they continued to dance, they were arrested. The cops weren't interested in removing them from the place, they were going to cuff them and take them down to the station. This is exactly what the cops warned would happen.
Yeah, I'd say the sergeant showed the mark for arrest after... erm.. well 10 seconds or so before the couple had even understood what happened. I am still talking about the first arrest that ignited the whole case. The dancers were a bit foolish to provoke the policemen, but I don't wonder they did that after what policemen did first.
What they did give to the couple was far from proper warning. Then suddenly they jumped to arrest them. Yes, after that they warned the dancers to get them to jail because that seemed to be only way they knew to solve the situation. Just throw everyone in jail.
My point is that they are not executing their duties in the way policemen should. As part of a legal system. They want you to jail, they don't even want to think there is a more easier solution, like REMOVING them from the place. Just like a kid who resorts to punching when he could talk. It just shows how poor their judgement and expertise is. Or if shows how unclear their orders or knowledge of the laws they are supposed to enforce are.
Originally Posted by Raphael
They broke the law, so they were arrested. That's the way it works.
Again, I see no reason to arrest them or cuff them. They broke the regulations of a memorial place? That surely can't mean years of prison? Maybe a fine or a warning. This is no reason to arrest no one. Do they lock you up for weekend if you are speeding too? Or take a wrong turn? Or litter? Don't they usually write a ticket and let you go after that?
This whole circus is comparable to the case where you unknowingly feed ducks in a park where you are not allowed and they arrest you and hold you for weekend.
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