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Jailed Over a Cell Phone - 6/6/2008 7:49:10 AM

velvetears

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http://www.msnbc.msn.com/id/24988125/?GT1=43001

i wonder if you resisted arrest at the time this bizarre judge ordered 45 innocent people arrested, would they keep you detained on resisting arrest charges after everyone else was released who meekly allowed themselves to be led to jail?

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RE: Jailed Over a Cell Phone - 6/6/2008 7:51:10 AM

kittinSol

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Nervous breakdown, or else he was plain out of Klonopin.

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RE: Jailed Over a Cell Phone - 6/6/2008 7:59:14 AM

velvetears

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i can certainly understand this man snapped. What baffles me is the fact that no one could overide this judge knowing how incredibly outrageous his decision was to jail 45 innocent people. The police couldn't pick up a phone and call another judge, letting someone know what was happening? Imagine the lawsuits now

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RE: Jailed Over a Cell Phone - 6/6/2008 8:01:56 AM

kittinSol

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God I hadn't even thought of the lawsuits... bit of a mess, isn't it? How many cops did it take to haul forty five individuals to jail

?

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RE: Jailed Over a Cell Phone - 6/6/2008 8:07:30 AM

JohnWarren

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quote:

ORIGINAL: velvetears

http://www.msnbc.msn.com/id/24988125/?GT1=43001

i wonder if you resisted arrest at the time this bizarre judge ordered 45 innocent people arrested, would they keep you detained on resisting arrest charges after everyone else was released who meekly allowed themselves to be led to jail?

A judge's order is a particular thing. While citizens are allowed to protest unconstitutional LAWS, one must obey an unfair or unconstitutional COURT ORDER until it has been overturned by a superior court. It may seem weird but it very much settled law.

The theory is that the order is already in the judicial system and does not take disobediance to bring it up for judicial review while such action is necessary in the case of a law which is legislative in nature

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RE: Jailed Over a Cell Phone - 6/6/2008 11:00:54 AM

Termyn8or

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I remember when this was first brought up. That judge was full of himself. Alot of us have snapped, but not jailed, for a proven fact, 45 people who were innocent. If a judge did that I support his removal. He has not the temperment for the job.

But the rule of law still prevails. Everyone in that court is subject to search at any time, because it is a legally, even lawfully controlled environment, as it should be.

If you are subject to search that means they are allowed to look at your cellphone and see when you got a missed call. The presentations of the prosecution as well as the defense should not be interrupted, and you agree to not do so when you walk in the door.

Thus my decision would be thus : I would take the 46 people into a room in the jail and say "We are going to examine each and every one of your cellphones, and we will find the missed call on one of them, and that person is doing thirty days for contempt of court. If anyone owns up to it they spend today in jail and will be out in the morning, take your pick, but we are going to find out".

Y'know, like people who bring small kids or infants to court. They figure they can't be put in jail because of it, but the kid can't shutup, might be crying or screaming. I would put those people in jail and take their kids. Look, you could find somebody to watch the kids when you went to the bar and got a fucking DUI, and all the sudden you can't find anyone now ? Bullshit. I got a bridge in Brooklyn for you, cheap too.

When you are trial, do you want the court run like a bar where everybody can talk when they want and interrupt you or your lawyer ? Phones ringing all the time, pagers going off. Maybe a jukebox as well.

I fully agree that stern action must be taken, but not the jailing of innocents. That is completely contrary to the tenets of law of this country. The guy is obviously unqualified. Your personal feelings must be set aside when you adjudicate.

If you can't do that you do not belong on the bench.

T

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RE: Jailed Over a Cell Phone - 6/6/2008 11:29:09 AM

JohnWarren

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I agree with you what the judge did was wrong and I'm pleased with the upper court decision. My note was just to head off some chest thumping idiot saying he would have told the judge to go to hell and walked out.

The result wouldn't have been Darwin Award material, but it would have been amusing

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RE: Jailed Over a Cell Phone - 6/6/2008 2:45:29 PM

pahunkboy

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I can picture this happening again.

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RE: Jailed Over a Cell Phone - 6/6/2008 2:52:31 PM

Evility

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Resisting arrest would be the least of my concerns. They'd have me on assault and battery after I found out who the jackass was with the cell phone.

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RE: Jailed Over a Cell Phone - 6/6/2008 3:04:54 PM

SteelofUtah

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I had to Admit I could never be a Cop, Judge, or Warden because I would not fully be able to remian just. It isn't really a matter of control as it is I believe that the Law itself is flawed and I believe at least in the cases of a Cop a Judge, or a Warden that I could do it better. Do I believe I could fix the system No way, but I do believe that if I had the precieved power of a Cop, judge, or Warden Those who came before me would NEVER do what they did to get my particular brand of justice.

I know some people disagree with my belief system and they offer many possible situations but I stand by the belief that the law should never protect a criminal.

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RE: Jailed Over a Cell Phone - 6/6/2008 6:24:31 PM

Alumbrado

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For once it seems like the media got enough information... a judge has every right to lock someone up arbitrarily for contempt of court over something as trivial as clothing, facial expressions, or ringing phones...but not the right to lock up people who were clearly innocent based on doing the math...46 people can't all be responsible for one phone ringing.

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