Here is another example of where our police have gone too far. It isn't clear to me what our leaders are thinking.
DHS Watchdog OKs 'Suspicionless' Seizure of Electronic Devices Along Border | Threat Level | Wired.com:
Last year I wrote to our Congressman about a similar situation, and asked him to sponsor legislation that would establish a "Digital Bill of Rights"
See below:
Sent to Darrel Issa in Apr 2012
PC World editor, Mark Sullivan has written several editorials in PC World. He has also posted a video: http://www.pcworld.com/article/250251/a_digital_consumer_bill_of_rights.html
His editorial in February 2012 hit the nail on the head! However is editorial in the “Consumer Watch” section of the May 2012 issue focused down on the critical issues:
1. We have the right to know what any internet company plans to do with our data
2. The data we store or post “in the cloud” is our property. The internet company does not gain rights to it by posting it on their web site
3. We have the right to expect reasonable protection of our data
4. If the Government wants to monitor our digital transmissions, they should get a search warrant first
Prior to computers, when a person was suspected of committing a crime, law enforcement could obtain a search warrant. With that warrant, usually police would grab the suspects files and notebooks, bank records, photos etc. After everyone started getting computers, the police would focus on hard drives of the suspect’s computers. Generally that contained most of the critical evidence, since data was moving from paper to computers. Now everything is moving to the “cloud” or smartphone. Because of this, we now need the same protections for our digital data that we have always had for our other personal property and information. I believe the intent of our Bill of Rights was to protect this information.
My thoughts on recent articles concerning issues of justice and fair play in the United States
Sunday, February 10, 2013
Sunday, January 27, 2013
Law and order: Q&A with U.S. Attorney Laura Duffy Page 1 of 3 | UTSanDiego.com
The Union Tribune has continually praised Laura Duffy for her tactics against Marijuana Dispensaries. Here's another example.
Law and order: Q&A with U.S. Attorney Laura Duffy Page 1 of 3 | UTSanDiego.com:
The bottom line is that she has a choice: Go after serious criminals, or go after the easy dispensaries that get her lots of press. She takes the easy route, and the Union Tribune praises it!
Law and order: Q&A with U.S. Attorney Laura Duffy Page 1 of 3 | UTSanDiego.com:
The bottom line is that she has a choice: Go after serious criminals, or go after the easy dispensaries that get her lots of press. She takes the easy route, and the Union Tribune praises it!
The Most Ridiculous Law of 2013 (So Far): It Is Now a Crime to Unlock Your Smartphone - Derek Khanna - The Atlantic
The digital millennium copyright act was a disaster to American's freedom. This is just one more example.
The Most Ridiculous Law of 2013 (So Far): It Is Now a Crime to Unlock Your Smartphone - Derek Khanna - The Atlantic:
The Most Ridiculous Law of 2013 (So Far): It Is Now a Crime to Unlock Your Smartphone - Derek Khanna - The Atlantic:
Saturday, January 26, 2013
Aaron Swartz and Motel Caswell: Book ends to prosecutorial reform? - CSMonitor.com
I've followed this Motel Caswell case for quite a while, and have always thought that it was a huge stretch for a prosecutor to think they could take a hotel, if a guest at a hotel was busted for drugs.
Aaron Swartz and Motel Caswell: Book ends to prosecutorial reform? - CSMonitor.com:
Aaron Swartz and Motel Caswell: Book ends to prosecutorial reform? - CSMonitor.com:
Friday, November 2, 2012
Jury Nulification --our duty?
When a jury finds a defendant not guilty, not because they don't believe the defendant committed the act, but because the jury thought the law, itself, was not valid, it is called Jury Nullification. The impression I always had was that when a Jury did that it was somewhat "illegal."
However, I received an e-mail today that had these quotes from founding fathers:
However, I received an e-mail today that had these quotes from founding fathers:
Quotations and Comments on Fully Informed Juries
THOMAS JEFFERSON (1789): I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.
JOHN ADAMS (1771): It's not only .. (the juror's) right, but his duty ..to find the verdict according to his own best understanding, judgement, and conscience, though in direct opposition to the direction of the court.
JOHN JAY (1794): The jury has a right to judge both the law as well as the fact in controversy.
ALEXANDER HAMILTON (1804): Jurors should acquit even against the judge's instruction...."if exercising their judgement with discretion and honesty they have a clear conviction that the charge of the court is wrong.”
Sunday, August 26, 2012
HE WATCHED HIS WIFE DIE, THEN FELT HEAT OF LAW | UTSanDiego.com
It is clear we need a change to this obscure 19th century law referred to in this article. Those of us who have completed all of the necessary documents, such as a living will, should be able to record those documents as our final wishes. If those wishes include the right to commit suicide, with assistance, when the pain and our future becomes unbearable, the law should then be on our side. Anyone, including misguided prosecutors and police, should be charged with violating the law, if they interfere with the assisted suicide, or prosecute loved ones who assisted.
HE WATCHED HIS WIFE DIE, THEN FELT HEAT OF LAW | UTSanDiego.com:
Sunday, July 22, 2012
For Palm Springs man, grief and anger over an end-of-life decision - latimes.com
Here is another example of our police and judicial system being out of control.
For Palm Springs man, grief and anger over an end-of-life decision - latimes.com:
If 87 year old Bill Bentinck had died while being treated badly in jail, how would the police and prosecutors have felt? Even as it is, he may have done irrepariable harm to his bladder and kidneys.
Yes Mr. Bentinck deserves an apology from the police. I also believe that someone in the police department deserves a letter of reprimand, as a minimum. His treatment was uncalled for. If they don't have it already, the police certainly need to have some leeway and flexibility in handling arrests of elderly people, who are not a risk to them.
I ask myself, If I were in the same situation with my wife critically ill, what would I have to do to avoid the humiliation and mistreatment by the police? With the large baby boom generation now in their 60s, this could get even worse The police departments of every city need to publicize exactly how a citizen should handle these end-of-life situations to avoid all of this. Should people who are clearly near the end of life "register" with the police and provide a copy of their "do not resuscitate" Maybe there does need to be a "registry" for documenting and recording end-of-life wishes. Hospitals and police departments routinely trample over the end-of-life desires of individuals, and the result is an increase in the cost of unnecessary medical care, increase in cost of police and judicial system operations, and the loss of dignity of the elderly.
For Palm Springs man, grief and anger over an end-of-life decision - latimes.com:
If 87 year old Bill Bentinck had died while being treated badly in jail, how would the police and prosecutors have felt? Even as it is, he may have done irrepariable harm to his bladder and kidneys.
Yes Mr. Bentinck deserves an apology from the police. I also believe that someone in the police department deserves a letter of reprimand, as a minimum. His treatment was uncalled for. If they don't have it already, the police certainly need to have some leeway and flexibility in handling arrests of elderly people, who are not a risk to them.
I ask myself, If I were in the same situation with my wife critically ill, what would I have to do to avoid the humiliation and mistreatment by the police? With the large baby boom generation now in their 60s, this could get even worse The police departments of every city need to publicize exactly how a citizen should handle these end-of-life situations to avoid all of this. Should people who are clearly near the end of life "register" with the police and provide a copy of their "do not resuscitate" Maybe there does need to be a "registry" for documenting and recording end-of-life wishes. Hospitals and police departments routinely trample over the end-of-life desires of individuals, and the result is an increase in the cost of unnecessary medical care, increase in cost of police and judicial system operations, and the loss of dignity of the elderly.
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