Sunday, January 6, 2008

[BDSM-LegalIssues] You did, didn't you, say the following, 'tongue in cheek', RIGHT? WAS: Re: New book -- good but disturbing

Dennis,

You were joking when you wrote. "An arrest IS evidence of wrongdoing."
or offering a 'tongue in cheek' statement. Right?

If not you can't seriously believe what you wrote! As an retired
(disability and <G> not a mental one) police officer and as a citizen
who has served on juries, the Grand Jury, and para (very) legal, an
arrest is an indication (*NOT* "evidence" of wrongdoing) of at least one
of the following;
1. An action witnessed by a law enforcement person, that they believe or
know to be a violation of a law.
2. Acting on an arrest warrant.
3. Arrival on the scene of a 'domestic dispute' (officers are often
required / expected to make sure one party leaves or ....)
4. A suspicion of (presumption) guilt based on observable facts i.e. a
detailed description, license plate number, blood on clothing.
5. The end result of an investigation even if based only on
circumstantial evidence.

Of course there are other possibilities, but based ONLY on the above
five reasons for-to arrest, *ONLY ONE* could be construed as,
"...evidence of wrongdoing." and that is stretching in many situations
even with the officer having observed the 'crime' of course depending on
BOTH the conditions (lighting, distance, line of sight, etc.) AND the
nature of the offense - interpretation of the 'law' believed to have
been broken.

So, how on earth do you arrive at the conclusion, "An arrest IS evidence
of wrongdoing."?

Be well and be *SAFE!*

Lady Robin

Dulca Scenes, Inc.
Is a 501 C3 organization and is located at '*The Farm*' in KY
Donations, to the extent permitted by law, are tax deductible

Please visit & bookmark our Calendar :http://www.calsnet.net/thefarm_ky/
----------------------------------------------------------
Dennis wrote:
> <SNIPPED>
>
> An arrest IS evidence of wrongdoing. It is probably better evidence
> than you or I are going to be able to generate on our own. I should
> have no obligation to conduct an independent inquiry into a crime.
> Indeed, doing so might be obstruction of justice, in a practical if
> not a strictly legal sense.
>
> - Dennis
>
>
>

[Non-text portions of this message have been removed]

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