[BDSM-LegalIssues] Re: New book -- good but disturbing
--- In BDSM-LegalIssues@
>
> > -----Original Message-----
> > From: Vicki
> > Sent: Friday, January 04, 2008 5:52 PM
>
> > >What you, and Wiseman, are so aggressively and stubbornly
> > refusing to
> > >recognize is that there's no reason for a company to learn about an
> > >arrest _unless_ it leads to publicity,
> >
> > Ummmmm. The assertion they ave been working on is that companies are
> > acquiring and using arrest records to make hire and fire
> > decisions.
>
> Sorry, Vicki, but if you'd bother to read the thread you'll see that
> it is the FACT of the arrest that Cadenas and Wiseman are so
> interested in, not the RECORD of it.
That's a meaningless differentiation.
Jay's issue was twofold:
- employers use the fact of the arrest to make employment-related
decisions.
- employers learn about the fact by accessing (appropriately or not)
arrest records.
Ultimately, though, the issue would not go away if the employer
learned about the arrest some other way.
> > >In either case, "the people" (including employers) have
> > >probable cause to
> > >believe that the crime has been committed!
>
> > Not exactly. That would be the DA acting on behalf of "the
> > people". If it were
> > the people we would not need messy things like trial by jury.
>
> Again, you misunderstand. The "messy things" are not to test whether
> there's probable cause (that's the job of the prelim), but whether
case is
> proven.
The point, though, is that the arrest itself is not even probable
cause. What you seem to be proposing is the approach "the police and
DA must know what they are doing" instead of insisting on a separate
analysis.
Of course if the employer learns about underlying facts, then those
may sometimes warrant personnel decisions.
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posted by Annja Sue at
2:09 AM
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