Tuesday, January 8, 2008

RE: [BDSM-LegalIssues] Arrested, ALL charges dismissed, career ruined WAS: You did, didn't you, say the following, 'tongue in cheek', RIGHT?

> -----Original Message-----
> From: Dulca
> Sent: Monday, January 07, 2008 8:34 PM

[ Snip ]

> Apparently the principal was not prudent - discreet, but he
> *did not* commit a crime. Dennis (& others if any) can
> repeat your assertion, "An arrest IS evidence of wrongdoing",
> but no matter how you word it, the 'suspicion' of wrongdoing
> was insufficient, groundless, not substantiated, or just
> plain *WRONG!* Am I blaming the police for his losing his
> job and career? Well, they, at minimum, are partially
> responsible, especially once he / they decided the proper
> course was to arrest - charge! Sure he put himself at 'risk'
> given his choices. I am not absolving him of all responsibility!

Robin,

You are conflating two uses of the word "evidence". One is the criminal
justice sense, where it is part of the process of establishing legal guilt
or innocense.

The other is the plain English language one, in which it means "suggestive"
or "indicative".

Like it or not, the fact that the principal got arrested is EVIDENCE. It is
not, of course, PROOF.

> I have no issue / problem with the officer(s) checking out
> the car and it's occupant to ascertain if a crime was in
> progress etc. If I remember correctly the asserted
> 'offense', grounds for arrest, was
> loitering? If Dennis considers the officer's suspicion,
> loitering, as
> 'evidence', heaven help we citizens! A suspicion / an
> investigation, sure, FINE, but 'evidence' no way. I (based
> on my law enforcement training MANY many years ago) would
> possibly have contacted / consulted with my supervising
> officer before cautioning / warning this individual about
> loitering, instructed him to leave the area, logged the
> vehicle check and returned to my patrol duties.
>
> This is or at least used to be a country where everyone was
> innocent until PROVEN guilty and the trial require evidence
> to establish guilt.
> Circumstantial evidence is a sticky wicket but, a suspicion /
> hunch / educated guess / being observant etc. makes for good
> law enforcement, many good arrests, some of which get plead /
> bargained down/out, others dismissed, and guilty pleas or
> findings of guilt (based on beyond any reasonable doubt).

Umm, yeah, but it's insane in many situations to expect an employer to wait
until a trial happens.

Welcome to the problem.

> Lady Robin

Malc.

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