Friday, January 4, 2008

RE: [BDSM-LegalIssues] Re: New book -- good but disturbing

> -----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.

> The methods being used are not clear but negative
> publicity (ore even just publicity) was not being considered
> in their arguments.

That's a fabrication of yours.

Read this: "I believe it is inappropriate for employers to use any arrest
for an allegation of a sexual offense to make personnel decisions before a
trial has been completed?"

Note the lack of the word "record" anywhere.

> Just the policy of discovering arrest
> records and making decisions on those records.

Nope. See above.

> >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.

And, of course, as others have observed, there are plenty of cases where
guilt actually exists, but convictions don't result (OJ Simpson leaps to
mind...)

> -Vicki-

Malc.

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