RE: [BDSM-LegalIssues] You did, didn't you, say the following, 'tongue in cheek', RIGHT? WAS: Re: New b
> -----Original Message-----
> From: cadenas_sd
> Sent: Sunday, January 06, 2008 11:32 PM
> I think it is hard to make a better case for Jay's original
> concern than what Dennis just said ;-)
If you mean Wiseman's "getting arrested can screw up your life" bit, well,
duh!
The snag is what do one does (should do, or could do) about that fact.
Neither you nor Wiseman have offered anything even vaguely practical that
would change it.
But your viewpoint seems neatly encapsulated by your question "And, for that
matter, who's going to pay the innocently arrested for his loss of income?".
First, you need to define what you mean by "innocently arrested"? Because
there are plenty of people who are arrested and never charged, but who are
categorically not innocent (e.g. those who are released because someone is
unwilling to testify -- the standard domestic violence problem).
Then, how do you propose to handle those cases where the arrested individual
is detained in custody? If they are subsequently found to have been
"innocently arrested" (however you manage to define that), do they get the
same pay guarantee, even though they didn't actually do the work?
And ultimately, why on earth should anyone other than the agencies or
individuals that prompted the arrest pay for the consequences?
As a matter of public policy, wrongful arrest lawsuits are hard to win, and
for good reason.
What you and Wiseman effectively seem to want is to push the issue of
compensation for unjust arrests (a concept that's easy to describe, but
probably impossible to define) onto someone else.
Malc.
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posted by Annja Sue at
12:53 AM
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