REAL WORLD EVENT DISCUSSIONS

USA: Police State?

POSTED BY: SIGNYM
UPDATED: Friday, October 5, 2007 17:18
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Thursday, September 27, 2007 6:04 PM

SIGNYM

I believe in solving problems, not sharing them.


Quote:

Nothing new.
Fletch2- I remember the 60's, 70's, 80's and so forth. I have NO DESIRE to repeat - and expand on- the errors of the past. Do you?

---------------------------------
Always look upstream.

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Thursday, September 27, 2007 8:48 PM

FLETCH2


Quote:

Originally posted by SignyM:
Quote:

Nothing new.
Fletch2- I remember the 60's, 70's, 80's and so forth. I have NO DESIRE to repeat - and expand on- the errors of the past. Do you?

---------------------------------
Always look upstream.



No but the idea that things were somehow better "back then" is self delusional. The US has always spied on its citizens legally or illegally and had the "Alphabet" agencies had the tech back in '67 or '77 or '87 I'm sure they would have used it. The desire to snoop into everone's lives is nothing new and has existed during administrations of every kind, what makes things so dangerous today is that technology makes more things possible.

The core problem as I see it is this. We all have embaressing little secrets ranging from truely petty things like fibs to co-workers, through padded resumes and infidelity to actual crimes large and small. We all have very good reasons to not want anyone looking into our affairs. That's part of the reason why in criminal cases the people make it hard for the government to spie on them. They want proof before they give permission, something that is often hard in police work. However the People as a whole would rather the guilty go free than give the government authority to look at everyone's little secrets at a whim.

The problem with "national security" is that an awfull lot is at stake if you are caught unawares, thousands can die, it's nasty. In that environment the idea that you should let the guilty hide behind the innocent seems insane, the constitution as suicide pact if you will. So left to it's own devices any intelligence service that is doing its job will maximise the amount of data it collects and analyses even if it's done illegally, because the costs are seen as being too high if they dont.

Which means that the situation now is the same as it always was. We charge intelligence agencies to keep us safe from the bad guys. Since they have no idea who the bad guys are they try to spy on as many suspects as they can. We respond by curtailing that power, they diligently circumvent that oversight we curtail that work around etc.

That's why that issue is a constant struggle to find some neutral safe ground. You're a chemist, I'm sure you know what a buffer solution is and how it responds to changes in pH? As government intrusion rises, the outrage of citizens rises to counter it to maintain neutrality. Witness the setbacks to the Patriot act in the federal courts of late. As long as the system remains balanced then we're in good shape.






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Thursday, September 27, 2007 9:06 PM

RUE

I have a vote and I'm not afraid to use it!


"because the costs are seen as being too high if they dont"

And that's a primary fallacy. What the government is lacking is 'human intelligence'. But rather than try to beef up on it, the government (and by that I mean the administration which gives the orders) puts its entire population under technological surveillance (or in the case of phone trap-and-trace and pen-registers, 35+ MILLION in the US). Now the chances of finding a particular and vital piece of information are nil. I guarantee, not one life will be saved. But the political effects - that's where you get your payback.


***************************************************************
"Global warming - it's not just a fact, it's a choice."

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Thursday, September 27, 2007 9:17 PM

RIGHTEOUS9



The thing that amazes me is that the same people who never see anything wrong with the erosions of our civil rights always defend the condition of them by pointing out all of the hard won things that were and continue to be fought for by the very types of people they are marginalizing.

You can't point to the fact that measures in the patriot act have been struck down as evidence that everything is cool, even while you tell the people that have been working to educate everybody about it that they are overreacting.


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Thursday, September 27, 2007 9:43 PM

FINN MAC CUMHAL


Quote:

Originally posted by Righteous9:
You can't point to the fact that measures in the patriot act have been struck down as evidence that everything is cool, even while you tell the people that have been working to educate everybody about it that they are overreacting.

Actually, I can. And the reason I can is because of threads like this. As I said, I don’t deny the problems, and I think the problems should be discussed and dealt with, but people who think that the existence of these problems means we are a totalitarian state, don’t have any interest in discussing or dealing with the problems – they just want to shout about their fundamentalist views or embrace their paranoia, neither are constructive positions to take.

And it was Hero who predicted that measures of the Patriot Act would be and should be overturned months and months ago on this board, not the usual anarchist fundamentalists. How do you explain that? It’s quite obvious – just because people like Hero, Geezer, Fletch2 and myself don’t accuse the entire US of being a totalitarian state doesn’t mean we don’t see that there are problems, it just means our view of those problems are grounded with some degree of perspective. Now we may not share the same views as others or even agree amongst ourselves about those views, but we don’t assume that since the whole world isn’t bending to our will at every corner that we should just throw the whole country out as a police state.

Signym’s desire to label the US as a police state because he found examples of abuse is so irrational and so hysterical that nothing intelligent can come from him until he is willing to back away from this fundamentalism.



Nihil est incertius vulgo, nihil obscurius voluntate hominum, nihil fallacius ratione tota comitiorum.

Nothing is more unpredictable than the mob, nothing more obscure than public opinion, nothing more deceptive than the whole political system.

-- Cicero

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Thursday, September 27, 2007 11:13 PM

RIGHTEOUS9




Well sir,

then I will first say I'm glad that there's common ground on some of these issues. Second, I'll take your word for it that it is so, and lament the fact that in all of my time reading here I've managed to miss most if not all posts from you and Hero that were hard words for some of the systematic violations of our civil liberties in this country,

but 3rd, I see the foundations of police-state upon us. I think asking whether we are a police state is a gestalt look at all of our liberties being attacked simultaneously by the current administration, and what that might mean to us.

It may still be a long road to police-state, and with good fortune for this nation, we won't get there...but there's a massive highway project to hell underway as we speak.

And honestly, it feels like we're just a handful of federal judges away from the law always tipping in favor of the side of money and authority. Give us two more neocon terms, which will come by the votes of those who pretend everything is fine, and we can probably kiss it all goodbye.

So, the statement may be hyperbolic, but I think its worth being extremely concerned about now. Are there countries with worse laws and worse civil liberties than us? Yeah, most of them. And so what? When we're debating whether or not we're a police state, I don't think we need to be on par with China for it to be so.

I'm glad to hear that the Republicans on this board haven't and won't sit still for the shredding of our constitution. Are you really going to be able to hold your noses and vote for a democrat in 08?

And yes, before you tell me, I know most of them suck on that issue too...just ever-so slightly less so than the current crop.


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Friday, September 28, 2007 1:21 AM

FINN MAC CUMHAL


Quote:

Originally posted by Righteous9:
And honestly, it feels like we're just a handful of federal judges away from the law always tipping in favor of the side of money and authority. Give us two more neocon terms, which will come by the votes of those who pretend everything is fine, and we can probably kiss it all goodbye.

Well, I’d have to admit that judges are an area in which I find a lot of concern too. Judges making law instead of interpreting it is not something I’m very comfortable with. One of the most frightful laws to ever be imposed is the Kelo v New London in which eminent domain was expanded to include the transfer of private property between private owners for economic development. None of the conservative judges supported this ruling, yet all of the Liberal judges did. One of the most unfortunate directions we could go in this country is to start the precedent that your property rights are less important because you’re poor. That’s wrong on so many levels, and the fact that this decision fell so cleanly between Conservative and Liberals on the Supreme Court says something about where these philosophies differ.
Quote:

Originally posted by Righteous9:
I'm glad to hear that the Republicans on this board haven't and won't sit still for the shredding of our constitution. Are you really going to be able to hold your noses and vote for a democrat in 08?

And yes, before you tell me, I know most of them suck on that issue too...just ever-so slightly less so than the current crop.

Totalitarianism is a threat that looms over every liberal democracy and always has, and always will. However, totalitarianism isn’t a partisan issue (at least not at this stage), but that many people see it that way, says a lot for exactly what people mean when they accuse the US of becoming a police state. In the 1940s the US (under a Democrat government) interned Americans in concentrations camps for being of Japanese ancestry, yet even at that time we were not a police state. Yet 60 years later, the US government remains a federal republic of representatives elected by the people under the rule of law. The staying power of a liberal democracy is defined by its flexibility – how well it adapts to new challenges in its path, and as long it remains flexible, it probably won’t break. Not just those challenges that come from outside but from inside as well – the civil rights movement for instance.
Quote:

Originally posted by Righteous9:
So, the statement may be hyperbolic, but I think its worth being extremely concerned about now. Are there countries with worse laws and worse civil liberties than us? Yeah, most of them. And so what? When we're debating whether or not we're a police state, I don't think we need to be on par with China for it to be so.

Well, I think, you do, if you intend to formulate an honest argument. The definition of a police state is based on examples of other countries, so the minute you start accusing the US of being a police state it conjures images and ideas related to other countries, like Nazi Germany. When someone points out that the US shares little resembles with the definition of a police state and by extension the countries on which the definition is based, you can’t then complain about comparing the US to other countries. That’s why I stated in my first post in this thread, that if anyone intends to argue that the US is or is becoming a police state then they must state up front their definition of a “police state”.



Nihil est incertius vulgo, nihil obscurius voluntate hominum, nihil fallacius ratione tota comitiorum.

Nothing is more unpredictable than the mob, nothing more obscure than public opinion, nothing more deceptive than the whole political system.

-- Cicero

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Friday, September 28, 2007 2:11 AM

FREMDFIRMA


I'm not even gonna pretend, my interest in this issue was sparked in the early 80's and I have been watching the slide ever since.

Imagine being on a train as it hits a spur line you *know* ends in a brick wall, and trying to convince the engineer to slow down, stop, call ahead, or do SOMETHING - but being laughed off by him and then shouted down by your fellow passengers, who think everything is fine and that you are overreacting.

Now imagine doing it for 20 years.

Eventually you begin to focus less on trying to prevent it, and start bracing for the crash, yanno ?

I don't think it's inevitable just quite yet, but it's a damn certain thing if we don't get off this spur line.

Fact is, most folks will only stand up and start makin an issue of it when that wall is looming in plain view, and at that point - it's far too late.

-Frem


It cannot be said enough, those who do not learn from history, are doomed to endlessly repeat it

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Friday, September 28, 2007 2:16 AM

SERGEANTX


Quote:

Originally posted by Fremdfirma:
I don't think it's inevitable just quite yet, but it's a damn certain thing if we don't get off this spur line.



That characterizes the situation about right. And as our upcoming leadership "choices" illustrate, all we're really managing to do is to discuss whether we should speed up or not.

SergeantX

"Dream a little dream or you can live a little dream. I'd rather live it, cause dreamers always chase but never get it." Aesop Rock

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Friday, September 28, 2007 2:53 AM

SIGNYM

I believe in solving problems, not sharing them.


Fketch2: First you say:
Quote:

The idea that things were somehow better "back then" is self delusional. The US has always spied on its citizens legally or illegally
Then you completely undercut your own argument by saying:
Quote:

and had the "Alphabet" agencies had the tech back in '67 or '77 or '87 I'm sure they would have used it.
To reiterate your own words, there is the NEW technology which makes snooping faster, easier, cheaper, and more complete, and it's being used today.
Quote:

The desire to snoop into everyone's lives is nothing new and has existed during administrations of every kind, what makes things so dangerous today is that technology makes more things possible.
So in your words, things ARE worse than before. Also, many Administrations did NOT snoop on people to the same degree. Nixon was the high-water mark of his day, and his kind of internal spying (by the FBI, IRS, satellite, and non-USA agencies) was made illegal for a reason: It would discourage other Presidents from doing the same. I don't think you could show that Ford, Carter, HW Bush or even Clinton spied on people anywhere near as aggressively or extensively as GW Bush. But you're welcome to look into it to bolster your case that all Administration are equally guilty.
Quote:

The problem with "national security" is that an awfull lot is at stake if you are caught unawares, thousands can die, it's nasty. In that environment the idea that you should let the guilty hide behind the innocent seems insane, the constitution as suicide pact if you will. So left to it's own devices any intelligence service that is doing its job will maximise the amount of data it collects and analyses even if it's done illegally, because the costs are seen as being too high if they don't.
First of all, there is no clear indication that massive fishing expeditions produce any sort of reliable evidence. There is such as thing as TOO MUCH data. What you wind up with is 99.9999+% "false hits", which means that most people placed on "no fly" lists or who have their accounts frozen (from financial transaction monitoring requirements) are 100% innocent. But those lists are --- yanno--- SECRET. Hard to know if you're one one of them, even harder to get off.
If you look at arrests of people who truly ARE terrorists it's from tips, not widespread snooping. And terrorist who were never arrested were so deeply under the radar that tagging them would have pulled up just about every mentally competent adult in the USA and then some
Quote:

Which means that the situation now is the same as it always was.
You're not even consistent with your own logic. If we're NOT facing an unprecedented risk, why are we facing unprecedented snooping?
Quote:

You're a chemist, I'm sure you know what a buffer solution is and how it responds to changes in pH? As government intrusion rises, the outrage of citizens rises to counter it to maintain neutrality. Witness the setbacks to the Patriot act in the federal courts of late. As long as the system remains balanced then we're in good shape.
But the situation is not balanced. And telling people "It's all the same" when it truly is not blunts the very outrage that you're system depends on. Which leads me to conclude that, really, you have no fundamental problem with what's happening despite your own admission that this is all very different from the past 50 years.


If you're going to make an argument for widespread surveillance- which is what we have going on now- make the argument that it's necessary and we can discuss it along those lines. Don't try to hop back and forth between "It's new but necessary" and "It's all the same" because those arguments just can't logically belong in the same train of thought.
---------------------------------
Always look upstream.

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Friday, September 28, 2007 2:57 AM

GEEZER

Keep the Shiny side up


Quote:

Originally posted by rue:
All the available 'arms' in the world are nothing compared to government's pervasive snooping, data-mining, video cameras - and people like Geezer who want to convince everyone that it's just SOP.

***************************************************************
SSHHHHHhhhh ... it's nothing ... go to sleep ... sleeep ... sleeeeeep ...



May I be the first to say - "AD HOMINIM ATTACK"

And I don't consider it SOP, I just doubt that it's anywhere near as pervasive as the tin-foil hat brigade (not naming any names) believes.

Now if you really want video cameras, try England. They got a bunch.

"Keep the Shiny side up"

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Friday, September 28, 2007 3:04 AM

SIGNYM

I believe in solving problems, not sharing them.


Quote:

[And I don't consider it SOP, I just doubt that it's anywhere near as pervasive as the tin-foil hat brigade (not naming any names) believes.
So, how "pervasive" is "pervasive" in your book? How many people unconnected with ANY sort of "terrorist" activity being spied on does it take to trip your threshold? 1000? 10,000? 100,000? 1,000,000?

At what level do YOU say that we have widespread surveillance based on nothing more than fishing expeditions?

Quote:

Now if you really want video cameras, try England. They got a bunch.
And we should follow their example... why, exactly? Why stop there? How about Turkey? Or Myanmar?

The difference between you and me Geezer? You tend to excuse mispractices with the rationalization that Things could always get worse. So you'd be there, along with a lot of other fearful Americans, excusing the internment of the Japanese because it was worse during the Civil War. Or at least we weren't like Hitler. Me? I tend to ask How could things get better?
That seems to me the right and the duty of all concerned American citizens. ------------------------
Always look upstream.

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Friday, September 28, 2007 3:26 AM

GEEZER

Keep the Shiny side up


Quote:

Originally posted by SignyM:
I think you should be looking at direction (derivative) not a static picture. The direction is the wrong way, and mechanisms to control the rate of change (public opinion, judicial review, habeas corpus, etc) are being removed deliberately.



I disagree, I believe that such things happened more in the past and are generally in decline. Do you think a judge in the WWII period would reject war security measures as unconstitutional? Would the state police today stand in the school door to stop integration? I expect that most of the perception of greater excesses is due to the fact that, in the past, you never found out about the bad stuff that was done, whereas now every utterance and every act is either leaked, found out, or litigated and then blogged all over the world in minutes.

Quote:

Again, this is a systems problem, not a personal issue. I don't think the murderers have any better idea than you do- prolly less.


Please clarify what you mean by 'systems problem'. I am not sure whow you arrive at the conclusion that murder isn't a personal issue.

Quote:

Seems to me that if we're not a police state yet, we're heading in that direction.


As noted above, I disagree.

Quote:

And I suggested several possible solutions: Better training, job rotation, better lines of command...


I agree that this would probably be beneficial, noting that police today are already much better trained, both in the criminology and community relations aspects of their jobs, than in the past. Job rotation is an option in larger forces. If by 'lines of command' you mean calling upstairs every time a situation occurs, I don't think that's too practical.

Of course, all these things mean money.

Quote:

plus implied several others, like rescinding the Military Commissions Act

Fine with me. let's classify all the prisoners in Gitmo as lawful combatants. Then they can be kept as prisoners of war, under the Geneva Conventions, until the end of hostilities.

Quote:

and provisions of the Patriot Act,...


The courts are doing this even now.

"Keep the Shiny side up"

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Friday, September 28, 2007 3:34 AM

SIGNYM

I believe in solving problems, not sharing them.


Quote:

I believe that such things happened more in the past and are generally in decline.
Things such as...? Numbers please?
Quote:

Do you think a judge in the WWII period would reject war security measures as unconstitutional?
I find it interesting that you have to reach all the way back to WWII to find a comparison. WWII! That was... uh... 60 years ago. And in some cases, you go ALL the way back to the Civil War- over 140 years ago! Don't you find it a bit indicative that you have to reach THAT far back... to times of civil and world war... to find comparisons? Does that not tell you how far the pendulum has swung?
Quote:

I expect that most of the perception of greater excesses is due to the fact that, in the past, you never found out about the bad stuff that was done, whereas now every utterance and every act is either leaked, found out, or litigated and then blogged all over the world in minutes.
Which is as it should be. The cops' biggest friend is the dashboard camera. At least in this case the technology to snoop is being used on some of those who might actually need it. The problem is that a lot of the other stuff need lots and lots of sunshine, and it's not getting it.
Quote:

If by 'lines of command' you mean calling upstairs every time a situation occurs, I don't think that's too practical.
I mean that orders are not issued by agencies (like the Secret Service or the NSA) to local police, because these agencies have different command structures, and different oversight. If the NSA or the Secret Service want to set up "Free Speech Zones or frisk everyone from here to NYC, let them do that with their own people. The local cops and their local governments have to face review boards and lawsuits, the Secret service does not. The alphabet agencies are in many ways politicizing local law enforcement and hanging them out to dry.


I'd still like to find out how much warrantless spying you find "acceptable".
---------------------------------
Always look upstream.

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Friday, September 28, 2007 3:38 AM

FLETCH2


Quote:

Originally posted by rue:
"because the costs are seen as being too high if they dont"

And that's a primary fallacy. What the government is lacking is 'human intelligence'. But rather than try to beef up on it, the government (and by that I mean the administration which gives the orders) puts its entire population under technological surveillance .



Well good "Human intelligence" is another name for government informants. Would you rather be damned by local gossip or by something verifable? The design of the system "as Sig would say" favours increasingly intrusive surveilance and those conditions have always existed and always will no matter who is in the Whitehouse. The answer to it is to push back through legal means, which is what folks do now and what they will still be doing in 4 years even if there Democrat in the Whitehouse.

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Friday, September 28, 2007 3:51 AM

SIGNYM

I believe in solving problems, not sharing them.


Quote:

The design of the system "as Sig would say" favours increasingly intrusive surveilance and those conditions have always existed and always will no matter who is in the Whitehouse.
You are 100% self-contradictory. IF the design of the system favors "increasing surveillance" and that design flaw has been in place since forever only waiting for technology to unleash its potential, then we do NOT have a "stable" system with all the appropriate feedback, we have an unstable system. A system with design flaws that should be redesigned.

I'm telling ya Fletch, your only possible winning argument is "it's necessary".

---------------------------------
Always look upstream.

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Friday, September 28, 2007 4:11 AM

FLETCH2


Quote:

Originally posted by SignyM:
Quote:

The design of the system "as Sig would say" favours increasingly intrusive surveilance and those conditions have always existed and always will no matter who is in the Whitehouse.
You are 100% self-contradictory. IF the design of the system favors "increasing surveillance" and that design flaw has been in place since forever only waiting for technology to unleash its potential, then we do NOT have a "stable" system with all the appropriate feedback, we have an unstable system. A system with design flaws that should be redesigned.

I'm telling ya Fletch, your only possible winning argument is "it's necessary".

.




Ah! You think it's a flaw. It's not a flaw it's a consequence. Remember the buffer solution? You have an acid and a base in a solution that estabishes a buffered pH. As the amount of acidity in the solution increases, the solution becomes more base to compensate. To say they system is flawed is like saying that putting the acid in there was a mistake because the acid is too dangerous. However, if you remove the acid the resulting base solution is equally as dangerous. The nature of ballance is to counter the potentially destructive consequences of the system in order to still get the benefits.

As to the supposed inconsistancy. If we could use the wayback machine to give the CIA something like "Carnivore" in 1967 they would use it, that use would be countered and controlled through political feedback and the world would go on. You are looking at the current situation and extrapolating that it will only get worse when in fact the evidence is that public pressure will put things back in order. As others pointed out Lincoln suspended Habius Corpus and confiscated private guns in some areas (both unconstitutional) as I recall he created West Virginia when the rest of Virginia didn't agree with him. In WW2 Japanese Americans were interned. Now if you had stood in that place and time and extrapolated like you do you would imagine a black future. But in fact things returned to normal.

The correct response NOW is to get congress to actually perform oversight, to use the courts to curtail those powers that are unacceptable and control the ones that are. Then you have to be watchfull for the next cycle.

Throwing you hands in the air and screaming "police state" when it isn't is not on that list.

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Friday, September 28, 2007 4:17 AM

GEEZER

Keep the Shiny side up


Quote:

Originally posted by SignyM:
So, how "pervasive" is "pervasive" in your book? How many people unconnected with ANY sort of "terrorist" activity being spied on does it take to trip your threshold? 1000? 10,000? 100,000? 1,000,000?



Way to load a question, Siggy.

I doubt that many people who are unconnected in ANY way to terrorists, their supporters, their phone numbers or emails, their organizations, are 'spied upon' by having their phone numbers logged and conversations from overseas monitored. I have no doubt that most of these people don't support terrorism, but are just calling or being called by family, business associates, news sources, etc. who are linked to terrorist organizations. Lots of chaff is winnowed to get the few grains of terrorist wheat. Would I prefer that this didn't have to happen? Sure. Do I think it's probably necessary? Sure.

Everybody who is passing through a radar speed trap is also being 'spied upon' in a way. Only the speeders get stopped.

Quote:

Geezer: Now if you really want video cameras, try England. They got a bunch.

SignyM: And we should follow their example... why, exactly? Why stop there? How about Turkey? Or Myanmar?



Ah. Back to the old "putting words in other people's mouths" trick.

Rue seemed upset by video cameras. I suggested that England has more than here, implying that maybe that makes it more of a 'police state'. I also note that neither you nor Rue had any problem with the video cameras 'spying' on the events at Mr. Meyer's tazing episode.


Quote:

The difference between you and me Geezer? You tend to excuse mispractices with the rationalization that Things could always get worse. So you'd be there, along with a lot of other fearful Americans, excusing the internment of the Japanese because it was worse during the Civil War. Or at least we weren't like Hitler. Me? I tend to ask How could things get better?
That seems to me the right and the duty of all concerned American citizens.



Thanks for the analysis. Not surprisingly, I disagree. To me, many folks on this board, yourself included, tend to take any incident, extrapolate it to it's worst possible conclusion (regardless of likelihood) and then make it the "Most Important Thing" on which "Immediate Action", which you unilaterally determine, "Must Be Taken". You (inclusive) lack any sense of perspective, history, or understanding that others might sincerely hold differing opinions.

If you, SignyM, wanted to actually hold discourse on how to improve, say, the police, a topic name like "how can we improve the police?" would seem appropriate. Somehow "USA:Police State?" doesn't really have that 'how could things get better?' quality.

I will be around to swap insults or ideas as determined by consensus.

"Keep the Shiny side up"

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Friday, September 28, 2007 4:23 AM

GEEZER

Keep the Shiny side up


Quote:

Originally posted by SignyM:
I find it interesting that you have to reach all the way back to WWII to find a comparison. WWII! That was... uh... 60 years ago. And in some cases, you go ALL the way back to the Civil War- over 140 years ago!



This is why it's pointless. Hell, YOU could come up with examples of judicial, governmental or police misconduct in the recent past which make current stuff look tame, but you don't want to discuss, just make points.

"Keep the Shiny side up"

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Friday, September 28, 2007 4:33 AM

FINN MAC CUMHAL


Quote:

Originally posted by leadb:
Quote:

Originally posted by Hero:
Quote:

Originally posted by SignyM:
There are still laws on the books that forbid driving your horse down Main Street on Sunday, or some such.

I don't know about where you live, but riding a horse down the street in my City makes no sense and would cause a substantial public disturbance and traffic problems (although, on Sunday there is less traffic). I think horse riding is a local issue and if you want your local horse laws gotten rid of fine, but don't try to make us conform with your crazy liberal horse policy.

Then you'll love the old law that went something like "should an automobile spook a horse, the automobile will be taken to a field and dismantled"

Edit: A bit more practically, the Amish still drive horse and buggy; there are many communities, even cities close to these Amish communities, where a horse drawn buggy is not an unusual sight. Point: there's a lot of diversity out there.

There’s a law near where I live that you can’t drive faster than 25 mph while passing a horse and buggy. I’m not sure how it’s worded, exactly but if you just pulled the law off the internet or something without bothering to check why it’s there, you might get the impression it’s a pointless law. Actually it’s not. There is a large community of Mennonites near here and they ride down the road on horse and buggy. And it’s enforced too. I got a ticket several years back because I whizzed past a horse and buggy. I wasn’t speeding only whizzing. I end up with a ticket – the most expensive ticket I’ve ever had to pay. That was the last time I whizzed past a horse and buggy.

In a police state, the government would just round up all these useless Mennonites and through them in work camps after we make their religion illegal. In a liberal democracy we make laws that allow both societies to co-exist with as much freedom as possible.

Yes, there are a lot of useless laws in the US, most of them aren’t enforced or even known about by authorities to enforce – so they aren’t really impacting our freedom. Some of them are enforced and for good reason – so they aren’t really useless laws. But you have to be careful when you start using this to define a police state, because in a real police state the useless laws on the books might be something like “it’s illegal to be a Jew” – and it is enforced. . .with the death penalty.



Nihil est incertius vulgo, nihil obscurius voluntate hominum, nihil fallacius ratione tota comitiorum.

Nothing is more unpredictable than the mob, nothing more obscure than public opinion, nothing more deceptive than the whole political system.

-- Cicero

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Friday, September 28, 2007 4:35 AM

SIGNYM

I believe in solving problems, not sharing them.


Quote:

So, how "pervasive" is "pervasive" in your book? How many people unconnected with ANY sort of "terrorist" activity being spied on does it take to trip your threshold? 1000? 10,000? 100,000? 1,000,000?- Signy


Way to load a question, Siggy.

Huh? The entire thrust of your argument is "not so much anymore". That DOES involve numbers, does it not? It seem the natural followup would be- how much is too much? I can't imagine why you would think it's a "loaded" question.
Quote:

I doubt that many people who are unconnected in ANY way to terrorists, their supporters, their phone numbers or emails, their organizations, are 'spied upon' by having their phone numbers logged and conversations from overseas monitored. I have no doubt that most of these people don't support terrorism, but are just calling or being called by family, business associates, news sources, etc. who are linked to terrorist organizations. Lots of chaff is winnowed to get the few grains of terrorist wheat. Would I prefer that this didn't have to happen? Sure. Do I think it's probably necessary? Sure.
What would you say if everyone who called overseas was monitored? Or if everyone who had a financial transaction over $10,000 was monitored? Or everyone who used a key context-sensitive phrase was monitored? Would that be "too much"?
Quote:

I find it interesting that you have to reach all the way back to WWII to find a comparison. WWII! That was... uh... 60 years ago. And in some cases, you go ALL the way back to the Civil War- over 140 years ago!- Signy


This is why it's pointless. Hell, YOU could come up with examples of judicial, governmental or police misconduct in the recent past which make current stuff look tame, but you don't want to discuss, just make points.- Geezer

First of all, you picked the samples not me. So you apparently shot your own self in the foot, rhetorically-speaking. But secondly, there really are some relatively new things going on...or at least things that haven't happened in many decades. Nixon, for all his faults, didn't eliminate habeas corpus, nor did he set up huge "detention centers", nor did he (to my knowledge) ship political opponents overseas for "questioning". There ARE historic benchmarks, as you so kindly cited.


---------------------------------
Always look upstream.

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Friday, September 28, 2007 4:46 AM

SIGNYM

I believe in solving problems, not sharing them.


Quote:

Ah! You think it's a flaw. It's not a flaw it's a consequence. Remember the buffer solution? You have an acid and a base in a solution that estabishes a buffered pH. As the amount of acidity in the solution increases, the solution becomes more base to compensate
Id stay away from chemistry examples if I were you. There IS such as think as "buffering capacity" which can be exceeded.

For people to become outraged about government intrusion or outright oppression, they have to know about it. How do you feel about leaks that reveal the existence of surveillance programs and outsourced torture?



---------------------------------
Always look upstream.

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Friday, September 28, 2007 5:08 AM

SIGNYM

I believe in solving problems, not sharing them.


Quote:

Thanks for the analysis. Not surprisingly, I disagree. To me, many folks on this board, yourself included, tend to take any incident, extrapolate it to it's worst possible conclusion (regardless of likelihood) and then make it the "Most Important Thing" on which "Immediate Action", which you unilaterally determine, "Must Be Taken". You (inclusive) lack any sense of perspective, history, or understanding that others might sincerely hold differing opinions.
I look at instances to see why and how they occurred. If it was a one-off situation, it can be handled by a one-time action. What I'm looking for is patterns. As I said before, there are few failures that occur w/o some sort of "upstream" failure. The only way to figure out how to keep it from occurring again is to figure out how it happened in the first place. Now, if we've been here and done that several times already, why is it occurring again? Obviously the first "fix" didn't "fix" the problem. Or the context is different and therefore the its a new situation and requires re-evaluation. It seems quite logical to me.


---------------------------------
Always look upstream.

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Friday, September 28, 2007 5:09 AM

FLETCH2


Quote:

Originally posted by SignyM:
Quote:

Ah! You think it's a flaw. It's not a flaw it's a consequence. Remember the buffer solution? You have an acid and a base in a solution that estabishes a buffered pH. As the amount of acidity in the solution increases, the solution becomes more base to compensate
Id stay away from chemistry examples if I were you. There IS such as think as "buffering capacity" which can be exceeded.

For people to become outraged about government intrusion or outright oppression, they have to know about it. How do you feel about leaks that reveal the existence of surveillance programs and outsourced torture?

.



Yes I did know that. Strangely enough they do teach chemistry in England (though admittedly it concentrated on blowing things up -- wont say any more you don't know who's listening )

The point is that in the solution potentially destructive forces are balanced. What you are doing is holding up the beaker of solution and screaming "my God this has ACID in it" which is true but not the whole story.

As for leaks, despite what the Whitehouse says neither of the ones you mention really impact operations. As such I see no compelling reason why they should not be made public.


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Friday, September 28, 2007 5:47 AM

RUE

I have a vote and I'm not afraid to use it!


Lets' see
1) ability to declare anyone an illegal combatant
2) suspension of all rights (including habeas corpus) for those so declared
3) tracking US-based money transfers if presumed done overseas
4) illegal pen-registers and trap-and-trace procedures on 35+ MILLION ordinary US citizens, and
5) actual illegal wiretaps without probable cause
6) assumption of authority to sneak and peak in private residences without probable cause ...
7) ... to investigate what BOOKs you take out from the library or buy, ...
8) ... to track your spending ...
9) ... your movements ...
10) ... and limit your ability to fly on a plane
11) to photograph and record you exercising your constitutionally protected right to peacefully assemble
12) to limit your right to peacefully assemble by restricting it to specific places and times and making all other assemblage illegal
13) to limit your right to privacy and against unreasonable search and seizure


Now this is just a start. There are many more restrictions on the rights of individuals in the political, economic, intellectual, and personal realms. And all this - leveled against US citizens as a group aided by supercomputers and corporate complicity - is not just 'same old same old'. In intensiveness and breadth it is aimed at bringing an entire population under political control.

Does past excess excuse current excess ? No. Does current excess excuse past excess ? No.

It doesn't matter if it's group by group, or wholesale.

"First they came…" is a poem attributed to Pastor Martin Niemöller (1892–1984) about the inactivity of German intellectuals following the Nazi rise to power and the purging of their chosen targets, group after group."

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for the Jews,
I remained silent;
I wasn't a Jew.

When they came for me,
there was no one left to speak out.


***************************************************************
the Nazi rise to power and the purging of their chosen targets, group after group

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Friday, September 28, 2007 5:51 AM

GEEZER

Keep the Shiny side up


Quote:

Originally posted by SignyM:
Nixon, for all his faults, didn't eliminate habeas corpus,


I don't recall captured Viet Cong being granted habeas corpus. Anyway, I'm all for converting the Gitmo folks to lawful combatants and POWs, who also have no right to habeas corpus.

Quote:

nor did he set up huge "detention centers",

No, because they'd already been set up in South Vietnam by previous administrations. tens of thousands of captured VC and NVA were being held.

Quote:

nor did he (to my knowledge) ship political opponents overseas for "questioning".


Political opponents? Did someone send Hillary overseas? As to possible terrorists, now...Nope. They were already there in Vietnam and didn't have to be shipped anywhere.

But let's talk more about Nixon. Watergate break-in, Pentagon papers, White House enemies list, secret war in Cambodia & Laos, supporter of anti-comunist dictators, 18.5 minute gap, Kent State shootings, forced to resign Nixon. You see, I knew you could come up with examples of worse misconduct in recent past administrations.


"Keep the Shiny side up"

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Friday, September 28, 2007 5:54 AM

GEEZER

Keep the Shiny side up


Quote:

Originally posted by SignyM:
I look at instances to see why and how they occurred.



This might be a good point in which to re-ask a question you might have missed above.

"Please clarify what you mean by 'systems problem'. I am not sure whow you arrive at the conclusion that murder isn't a personal issue."


"Keep the Shiny side up"

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Friday, September 28, 2007 5:57 AM

RUE

I have a vote and I'm not afraid to use it!


It would be less suspicious if you asked that question about how a systems approach works with the US being a police state rather than about murder - which was a mere example and not the focus of the discussion. Otherwise, it just looks like you're trying to derail the actual discussion. Not that's you'd ever do anything like that.

***************************************************************
"Global warming - it's not just a fact, it's a choice."

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Friday, September 28, 2007 6:51 AM

ANTHONYT

Freedom is Important because People are Important


Hello all,

I honestly don't think the people who created this thread really think that the US is currently a police state.

Rather, I think they notice that the US has been acquiring some traits of a police state. I think they also worry about the trend that they perceive.

Because police states rarely spring up overnight. When Castro took Cuba, the nation wasn't converted into a police state by the following Wednesday. The process emerged over time.

So the creators of this thread are merely saying, "Watch the trend."

And the people who disagree are saying, "There is no trend."

--Anthony

"Liberty must not be purchased at the cost of Humanity." --Captain Robert Henner

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Friday, September 28, 2007 6:52 AM

RUE

I have a vote and I'm not afraid to use it!


Hi AnthonyT

Thanks for the post. I don't have time for an extended discussion, but I wanted you to know I appreciate your post.



***************************************************************
"Global warming - it's not just a fact, it's a choice."

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Friday, September 28, 2007 7:51 AM

FLETCH2


Quote:

Originally posted by rue:
Hi AnthonyT

Thanks for the post. I don't have time for an extended discussion, but I wanted you to know I appreciate your post.






.... except when you say something I disagree with, then I'll call you an "idiot."

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Friday, September 28, 2007 7:58 AM

RUE

I have a vote and I'm not afraid to use it!


I have no problems with disagreemnt. What I have problem with is off-topic snark, misdirection and other disruptive tactics - like yours.

I'll get back with you later on that. In a detailed, nit-picking way of course.

***************************************************************
"Global warming - it's not just a fact, it's a choice."

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Friday, September 28, 2007 8:07 AM

FLETCH2


Or you could appologise to Anthony, takes just 3 little words. You have time for that right?

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Friday, September 28, 2007 8:22 AM

FLETCH2


Quote:

Originally posted by AnthonyT:


So the creators of this thread are merely saying, "Watch the trend."

And the people who disagree are saying, "There is no trend."

--Anthony




Then let's look at tends.

If you woke up in the 1863, saw Habeus Corpus revoked and private guns confuscated and then plotted the trend at that point you could infer that a police state was just around the corner. You would have been wrong.

If you woke up in 1943, saw thosands of Japanese Americans Interned, wartime restrictions on reporting etc you could imagine a police state just around the corner.... Didn't happen.

1953 and McCarthy witch hunts and blacklists.. nope.

1973, tricky Dicky, "plumbers" wiretaps and break ins? Again no.

In fact if you plot the long term trend you will see that things eventually rebound towards the neutral position. Nobody says that there is no trend, they just say that the long term trend goes against the idea of the current situation leading to a police state.

(note to Rue, I fudged the dates so they all end in a "3" for dramatic effect.)

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Friday, September 28, 2007 8:37 AM

SIGNYM

I believe in solving problems, not sharing them.


Quote:

If you woke up in the 1863, saw Habeus Corpus revoked and private guns confuscated and then plotted the trend at that point you could infer that a police state was just around the corner.
If I woke up in 1863 and saw habeas corups susended and private guns consfiscated, I would know I was in a "police state".

---------------------------------
Always look upstream.

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Friday, September 28, 2007 8:41 AM

FLETCH2


Quote:

Originally posted by SignyM:
Quote:

If you woke up in the 1863, saw Habeus Corpus revoked and private guns confuscated and then plotted the trend at that point you could infer that a police state was just around the corner.
If I woke up in 1863 and saw habeas corups susended and private guns consfiscated, I would know I was in a "police state".
.



Except it passed things moved back to where they had been because that's what people want. I'm not suggesting that we shouldn't be vigilant, I'm saying that things return to normal because people are. We know, we can see and we also see that a lot of these changes are opposed by folks in both parties, by the courts and the majority of people. This is not a police state and it wont be in the hear future.

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Friday, September 28, 2007 8:49 AM

HERO


Quote:

Originally posted by AnthonyT:

Unfortunately, the United States cannot defeat Terror.


Well there you have it. Game over. Lower the flags folks, its now the United States of Americastan.

Or...maybe its the Union of Socialist Amerikan States.

No, its the National Socialist States of America.

...the Anglo-American Commonwealth. Queen Elizabeth and Prime Minster Bush? PN would LOVE that one, hell he thinks that's where he's living right now.

Truth is that we will sort it out and either we will kick ass or else suddenly folk, especially Muslim women folk, will take to the street tearing down walls and demanding Democracy and liberty. It beautiful either way.

We will win...its what we do. God Bless America. Unless the liberals keep trying to surrender like a brigade of French Special Forces. Then we'll still win, but it'll take longer.

H

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Friday, September 28, 2007 9:22 AM

RUE

I have a vote and I'm not afraid to use it!


Fletch

Let me say right up front I don't see any reason to apologize to AnthonyT or anyone - do you ?

My first post ...
Quote:

"Hey Signy, I got a question for you.
Are you saying that there are a lot of people presently incarcerated that should not be or are you saying we should stop incarcerating people found guilty of crimes?"

It's about 1 in 8 wrongly convicted on death row, using DNA testing.

But drug use which accounts for the majority of incarcerations should be decriminalized.

MY answer is yes, there are a lot of people in jail who should not be there.

second post ...
Quote:

All the available 'arms' in the world are nothing compared to government's pervasive snooping, data-mining, video cameras - and people like Geezer who want to convince everyone that it's just SOP.

***************************************************************
SSHHHHHhhhh ... it's nothing ... go to sleep ... sleeep ... sleeeeeep ...

third post ....
Quote:

BTW - speaking of the federal government and the constitution -
there seems to be a swing to the position that only those rights that are specifically enumerated are protected, and then only from abuse by the federal government specifically. So, for example, if state, or national or international companies collect information on you, and the government buys it (seeing as it's for sale) and it's not about any criminal activity (not subject to probable cause) or about your (specifically protected) 'free' political speech - then it's not forbidden. That's the trend these days.

***************************************************************
Big Brother - he's making a list, checking it twice, gonna find out who's naughty ..........

fourth post ...
Quote:

One of the new parts is the programs that look for context sensitive phrases, not just key words, on billions of conversations a day, not just on a few individuals. This isn't just J Edgar making a file on John Lennon. It puts everyone under scrutiny.

fifth post ...
Quote:

"because the costs are seen as being too high if they dont"

And that's a primary fallacy. What the government is lacking is 'human intelligence'. But rather than try to beef up on it, the government (and by that I mean the administration which gives the orders) puts its entire population under technological surveillance (or in the case of phone trap-and-trace and pen-registers, 35+ MILLION in the US). Now the chances of finding a particular and vital piece of information are nil. I guarantee, not one life will be saved. But the political effects - that's where you get your payback.

sixth post ...
Quote:

Lets' see
1) ability to declare anyone an illegal combatant
2) suspension of all rights (including habeas corpus) for those so declared
3) tracking US-based money transfers if presumed done overseas
4) illegal pen-registers and trap-and-trace procedures on 35+ MILLION ordinary US citizens, and
5) actual illegal wiretaps without probable cause
6) assumption of authority to sneak and peak in private residences without probable cause ...
7) ... to investigate what BOOKs you take out from the library or buy, ...
8) ... to track your spending ...
9) ... your movements ...
10) ... and limit your ability to fly on a plane
11) to photograph and record you exercising your constitutionally protected right to peacefully assemble
12) to limit your right to peacefully assemble by restricting it to specific places and times and making all other assemblage illegal
13) to limit your right to privacy and against unreasonable search and seizure


Now this is just a start. There are many more restrictions on the rights of individuals in the political, economic, intellectual, and personal realms. And all this - leveled against US citizens as a group aided by supercomputers and corporate complicity - is not just 'same old same old'. In intensiveness and breadth it is aimed at bringing an entire population under political control.

Does past excess excuse current excess ? No. Does current excess excuse past excess ? No.

It doesn't matter if it's group by group, or wholesale.

"First they came…" is a poem attributed to Pastor Martin Niemöller (1892–1984) about the inactivity of German intellectuals following the Nazi rise to power and the purging of their chosen targets, group after group."

When the Nazis came for the communists,
I remained silent;
I was not a communist.

When they locked up the social democrats,
I remained silent;
I was not a social democrat.

When they came for the trade unionists,
I did not speak out;
I was not a trade unionist.

When they came for the Jews,
I remained silent;
I wasn't a Jew.

When they came for me,
there was no one left to speak out.


***************************************************************
the Nazi rise to power and the purging of their chosen targets, group after group

seventh post ...
Quote:

It would be less suspicious if you asked that question about how a systems approach works with the US being a police state rather than about murder - which was a mere example and not the focus of the discussion. Otherwise, it just looks like you're trying to derail the actual discussion. Not that's you'd ever do anything like that.

eighth post ...
Quote:

Hi AnthonyT

Thanks for the post. I don't have time for an extended discussion, but I wanted you to know I appreciate your post.

ninth post ...
Quote:

I have no problems with disagreement. What I have problem with is off-topic snark, misdirection and other disruptive tactics - like yours.
I'll get back with you later on that. In a detailed, nit-picking way of course.

Which I did, as I said I would.
http://www.fireflyfans.net/thread.asp?b=18&t=30768

***************************************************************
"Global warming - it's not just a fact, it's a choice."

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Friday, September 28, 2007 9:34 AM

SIGNYM

I believe in solving problems, not sharing them.


Quote:

This might be a good point in which to re-ask a question you might have missed above. "Please clarify what you mean by 'systems problem'.I am not sure whow you arrive at the conclusion that murder isn't a personal issue."
It's like obesity, or diabetes. You can think they are personally caused, and they are. But why does one country have a much higher rate than others? It's because the population as a whole is responding to something else.

So far, there seems to be a roughly constant 5% of the population who are born aggressive and with poor impulse control pretty much everywhere in the world. So why do SOME countries- such as ours- have such a phenomenally high murder rate, especially compared with our relative wealth, stability, and incarceration rate?


---------------------------------
Always look upstream.

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Friday, September 28, 2007 9:48 AM

FLETCH2


Quote:

Originally posted by rue:
Fletch

Let me say right up front I don't see any reason to apologize to AnthonyT or anyone - do you ?

"



Actualy yes I do you won't because you can't it would mean you were w..ww..ww..wrong.

This thread

http://www.fireflyfans.net/thread.asp?b=18&t=30768#543535

Quote:

rue:

AnthonyT

You're a fucking idiot.




Quote:



Rue - Is there some reason you feel the need to insult me?

--Anthony



Quote:


Rue:
Because you're an idiot by choice ? And maybe if you get a mirror held up to you you'll make different choices ?


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Friday, September 28, 2007 9:59 AM

RUE

I have a vote and I'm not afraid to use it!


Here was the start of the topic

http://www.fireflyfans.net/thread.asp?b=18&t=30610

SignyM:
AnthonyT- Track Geezer's posts for a while.

AnthonyT:
What, in particular, will I be looking for in Geezer's posts?


Clearly AnthonyT understands the meaning - to observe over time. Then chooses to misrepresent it later, even fosters that misrepresentation, and responds to it from others. Stands by while snark is heaped on others, then chooses to say

***************************************************************
don't tase ME bro !

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Friday, September 28, 2007 12:36 PM

SIGNYM

I believe in solving problems, not sharing them.


Fletch2- It takes a stomach of iron to put up with the crap that some dish out. (YOU know who you are ) It would be nice if the people who whinge so loudly about how "unfairly" they're treated try to live up to the standards that they like to set... for others.

And now, for something on-topic:
Quote:

CHICAGO, Illinois (CNN) -- Robin Petrovic, a college English teacher, was out dancing at a popular Chicago nightclub, the "Funky Buddha Lounge," when she got into an altercation with the bouncer and called police for help. But according to Petrovic, the officer who showed up -- James Chevas, a 12-year veteran -- turned on her when she refused to sign a blank incident report and tried to write down his badge number.

"He picked me up and threw me face down into the ground. And since my hands were handcuffed behind my back, I couldn't break my fall at all, so I just landed on my face," she told CNN.

Petrovic is one of thousands of ordinary people who every year accuse Chicago police of abuse. Few complaints result in disciplinary action. Woman alleges police brutality »

"The Chicago Police Department doesn't do a good job of policing itself," Jon Loevy, Petrovic's attorney, said. "For the small minority of police officers, who are inclined to violence for whatever reason and abuses, there is no check, there is no deterrence, because the city does not investigate and punish police abuses."

Between 2002 and 2004, for example, more than 10,000 complaints -- many of them involving brutality and assault -- were filed against Chicago police officers. Yet only 18 of them resulted in any meaningful disciplinary action, according to Craig Futterman, a lawyer who uncovered these statistics while researching a client's claim.... For years, community activists have accused the Office of Professional Standards -- the investigative unit within the Chicago Police Department that examines brutality complaints -- of poor oversight.

{Mayor Daley said} "There is police brutality throughout the country. It's not just an exception to Chicago, and we take appropriate steps to thoroughly investigate it,"

After her run-in with Chevas outside the Funky Buddha Lounge, Petrovic filed a complaint with the Office of Professional Standards, claiming extensive injuries. "I had two black eyes. One of my ears was completely black and blue," she told CNN. "My face was swollen. I was bruised under my chin. I had bruising on my arms and my legs, lacerations all over my back, and bruising in my genital area." Chevas denied Petrovic's claims and said she attacked him. Petrovic was arrested that night and charged with aggravated battery, but the charges were later dropped.

In his 12 years with the Chicago Police Department, Chevas had never been disciplined, despite nearly 50 brutality complaints against him, according to Petrovic's lawyer. Chevas wound up resigning from the force after being caught on tape using credit cards stolen from a suspect in police custody. He was sentenced to 30 months probation. Six months after filing her complaint with the standards office, Petrovic received a letter saying the office had conducted a "thorough investigation" and determined her complaint was "unfounded." Now, Petrovic is suing Chevas and the city of Chicago over the incident.



Now this is just plain apolitical police brutality. The problem is that police departments essentially police themselves.

Yanno, as a regulatory agency we tried self-reporting a number of years ago. A check after four years found 90%+ non-compliance. Gee, whoulda thunk? The whole concept of the police "policing" themselves is a recipe for abuse. ALL police deparments should have a civilian review board where complaints go FIRST.

---------------------------------
Always look upstream.

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Friday, September 28, 2007 1:58 PM

FREMDFIRMA


Damn, and folks call ME crazy!

I honestly don't think the topic at hand can be rationally discussed by most of the parties involved, especially when they can't agree on even the most basic terms and foundations of the discussion in the first place!

It's a worthwhile topic, and worthwhile discussion to have, but yanno, I just don't think it's gonna happen here.

Feel free to prove me wrong, however.

-F

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Friday, September 28, 2007 6:52 PM

ANTHONYT

Freedom is Important because People are Important


Fletch,

I would only expect Rue to apologize if she was sorry for insulting me. It does not appear that she is.

That having been said, I am perfectly content to discuss topics with her in the future even though she hurt my feelings. You can't always choose your neighbors, but you do have to live with them.

--Anthony

"Liberty must not be purchased at the cost of Humanity." --Captain Robert Henner

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Friday, September 28, 2007 9:07 PM

MALBADINLATIN


Quote:

Originally posted by SignyM:
Quote:

Turkey is in effect a police state. Due Process doesn't exist. Warrants are not needed for arrest, they are for trial but people get lost in the prison system upon arrest and sometimes spend 10 years there before being found.
Say, did you hear about the people who got "lost" in our prison system after 9-11? Due to (1) not being allowed a lawyer (2) the govt not making available a "prisoner's list" (3) prisoners being moved from prison to prison w/o notice, making it extremely difficult for their relatives or lawyers to find out if they were indeed in prison, much less keep up with them. And let's not forget the Military Commissions Act (2006) which could allow ANYONE to be declared an "enemy combatant" and to disappear into Gitmo or be shipped overseas for "questioning", then to be followed by a trial before a Military Tribunal in which the defense is not allowed to see the charges or the evidence?


That's true, Gitmo is pretty Police State Like, at the very least contrary to our civilian system of justice. America is damn lousy at treating the rest of the world as well as we do our own criminal citizens. But that's all part of being the world police.

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Monday, October 1, 2007 5:56 AM

HERO


Quote:

Originally posted by MalBadInLatin:
That's true, Gitmo is pretty Police State Like


No more then any other Military Base/Prison. Most bases and prisons I've seen have alot of uniformed types with guns and some fairly serious rules to follow.

I suppose you prefer the prisons without guards and walls.


H

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Monday, October 1, 2007 6:09 AM

ANTHONYT

Freedom is Important because People are Important


I actually don't think it's the prison itself that rankles people. I think it's the lack of access to representation, the ability to be held without charge, things like that.

--Anthony

"Liberty must not be purchased at the cost of Humanity." --Captain Robert Henner

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Monday, October 1, 2007 6:29 AM

SIGNYM

I believe in solving problems, not sharing them.


Yanno Hero, for a lawyer who claims to lovo the USA you seem to know almost nothing about the Bill of Rights.

---------------------------------
Always look upstream.

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Monday, October 1, 2007 6:35 AM

JONGSSTRAW


As far as Gitmo is concerned, they should just open up the cages and let the anilmals run free....run free around Cuba that is. I can't think of a better present for Castro than having a couple hundred "nice, religious boys" added to his population. It's the perfect solution.

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Monday, October 1, 2007 8:18 AM

HERO


Quote:

Originally posted by SignyM:
Yanno Hero, for a lawyer who claims to lovo the USA you seem to know almost nothing about the Bill of Rights.


The Bill of Rights? Funny, my Constitution keeps going after that.

Has this little thing called the 14th Amendment. That little one is what the Supeme Court deemed (a fairly long while AFTER the Bill of Rights was written) gave the Bill of Rights its real teeth. It says that a person cannot be deprived of life, liberty (ie your Bill of Rights, express or implied), or property without Due Process of Law.

That means that you can hold a person, indefinately without charges so long as your deprivation of their liberty is accomponied by Due Process. In other words, they get a hearing, which they all did. They get an appeal, which a fair number of them are coming up this term. The govt. must show a compelling govt. interest in the deprivation of rights, the govt. has that whole 'war on terror argument'. The govt. must show that there policy is narrowly tailored to meet that need, hence the couple hundred million NOT in Gitmo. The govt. must show no viable alternative, no stateside prison can accomplish the duel purpose of extracting intellegence and isolating the most dangerous of prisoners.

Will the Court continue to buy the govt. arguments? Likely yes. The Court is traditionally tolerant of these things during times of crisis and turmoil and then rolls the govt. back in times of calm reflection.

And don't tell me the Bill of Rights does not apply cause these folks are not citizens and not on US soil...cause thats crap, there is a Constitutional distinction between a "Citizen" and a "person" and the 14th Amendment says all "persons" within US jurisdiction, which includes Army bases on foriegn soil.

H

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