RE: [BDSM-LegalIssues] Re: Arrested, ALL charges dismissed, career ruined WAS: You did, didn't you,
> -----Original Message-----
> From: Vicki
> Sent: Tuesday, January 08, 2008 3:30 PM
[ Snip ]
> That someone got arrested is not evidence of ANY wrongdoing
> on the part of the person arrested. If it were then why
> bother with collecting evidence.
Bloody hell! That's probably the strangest comment yet!
You seem, Vicki, to believe that all evidence carries equal weight. Which
is staggeringly bizarre!
> An arrest is at best evidence that the person placing another
> "under arrest"
You are confused about the difference between "evidence" and "proof".
An arrest is _proof_ tht someone has been placed "under arrest".
> A..) believes that wrongdoing has occurred and the person
> arrested is the culprit or one of.
Exactly. Have a nice day.
> B.) is corrupt
>
> That is ALL it means. Police in particular have many
> internal rules and or court decisions as to what things the
> police must have or discover for what is referred to as
> "probable cause" to make an arrest.
Yeah, yeah... So it's not just "someone", it's "someone with internal rules
and court decisions" defining "probable cause".
> Definition of evidence from m-w.com (a rather well respected
> dictionary)
>
> a: an outward sign
> arrest is an outward sign that someone believes. Not
> that wrongdoing happened but only that someone believes that it did.
Yup. So, and follow closely now, is an arrest evidence?
Clue: yes.
Answer: it is evidence that SOMEONE BELIEVES that the subject committed the
wrongdoing. Who is the someone? Is it (a) the man on the street? or (b)
the law enforcement community? (which is imperfect, but we can't base all
society on the notion that corruption taints everything).
Answer: (b)! It is the law enforcement community which, as you note above,
has rules and procedures that require more than simple belief, but "probable
cause".
> b: something that furnishes proof
> arrest is something that furnishes proof that
> A. someone sincerely believes that wrongdoing
> has occurred
> B. someone is corrupt.
>
> So the fact that someone is arrested is proof only that
> someone is arrested. It is not possible for the arrest to be
> proof of wrongdoing or even evidence of wrongdoing.
Ah, but it IS evidence.
That's all.
And, unfortunately for your position, it's frequently enough... particularly
if the group of people who believe includes your other employees, your
customers, and your suppliers.
[ Snip ]
> Now for amusement lets go back to the
> beginning. Person A gets arrested and released in a matter of
> hours. The actual culprit was arrested and confesses to the
> crime for which Person A was arrested.
>
> Company checks arrest records looking for matches and finds
> Person A and fires him/her. Do you think this should be so. Discuss.
Have you been asleep for the past week?
The issue you seem to be relentlessly ignoring is that it's easy to whine
about injustice, but NO-ONE, not you, not Cadenas, not Wiseman, etc. etc.
have proposed a solution that protects the employers.
Injustice will _always_ happen, and the best (but imperfect) bet to avoid it
is to allow, nay ENCOURAGE, discretion, so the employee and employer can
talk about the situation.
Cadenas claims that makes the situation worse, but hasn't offered an
alternative.
> -Vicki-
Malc.
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posted by Annja Sue at
4:25 PM
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