From: Steve Furbish on
On Sun, 25 Feb 2007 20:58:35 +0000, Citizen Bob wrote:

> On Sun, 25 Feb 2007 13:58:39 -0500, Steve Furbish
> <sfurbish(a)hotpop.com> wrote:
>
>>Always refreshing to see one of our federal LEO bros. give the benefit of
>>a doubt to the local cop.
>
> That's the problem. Regular cops won't clean out their ranks. They
> bond to one another in their anal retentive clan and let rogue cops
> operate in their midst.

For the record asswipe - I gave out a total of 16 traffic citations last
year, made a handful of arrests and gave thousands of written or verbal
warnings. That I give warnings to a cop that I stop is merely a reflection
of the fact that I believe they deserve at least as much of a break as the
average citizen in the same situation. There's nothing "rogue" about
exercising discretion and giving another cop the same break that I'd be
likely to afford you. The only difference as I see it is that the cop
probably expects the break and you probably expect the worst.

> Is it any wonder why citizens despise cops in general.

And my protest that you quoted above was simply that my old friend BTR1701
isn't willing to give a local cop the same benefit of a doubt (takes more
than a one-sided subjective account to make a totally convincing story)
that he apparently affords Mr. Bolton.

Steve

From: Citizen Bob on
On Mon, 26 Feb 2007 13:44:31 -0500, Steve Furbish
<sfurbish(a)hotpop.com> wrote:

>For the record asswipe

Oh no. An ad hom. And here I was just beginning to think you are a
Good Cop.

Pity you had to prove otherwise.


--

"To lose our country by a scrupulous adherence to written
law would be to lose the law itself, with life, liberty,
property, and all those who are enjoying them with us;
thus absurdly sacrificing the end to the means."
--Thomas Jefferson
From: Steve Furbish on
On Mon, 26 Feb 2007 18:03:52 +0000, Citizen Bob wrote:

> On Mon, 26 Feb 2007 11:28:18 -0500, Steve Furbish
> <sfurbish(a)hotpop.com> wrote:
>
>>> I've always wondered what would make a statutory law not perfectly
>>> valid.
>
>>It would have to violate either the federal or a state constitution I
>>think.
>
> You left out jury nullification.

That's because where I work and live you don't have the automatic right to
a jury trial on traffic infractions. They're not considered crimes. No
jury - no nullification.

Besides, the legality of jury nullification isn't exactly clear either.

>>> Suppose, after an enforcement sting, a number of motorists were caught
>>> speeding. What defense could they use in court against this perfectly
>>> valid statutory law?
>
>>They would probably be hard-pressed to find a defense that worked,
>>however, enacting such a law should be political suicide for the
>>legislators who pass it. If you don't like the current traffic laws in
>>your state then call your local representative and complain. When you
>>complain to the cop about the current state of the law you're bitching
>>at someone who doesn't have the authority to change it.
>
> But he does have the authority to issue a warning.

Once the stop becomes a confrontation the chances of that diminish
rapidly. Some people aren't good at hiding their emotions and if what you
say is true - that people in general despise cops - that chip on your
shoulder could turn out to be your own worse enemy.

Steve

From: Steve Furbish on
On Mon, 26 Feb 2007 18:10:15 +0000, Citizen Bob wrote:

> On Mon, 26 Feb 2007 11:35:46 -0500, Steve Furbish
> <sfurbish(a)hotpop.com> wrote:
>
>>The problem with you party partisans is that you cannot
>>or will not break party lines even to address issues that are allegedly
>>important to you, thus the only real winners become the (already) rich and
>>powerful.
>
> I am a party partisan - I vote Straight Republican.

Sorry to hear that. As a northeast conservative the only thing more
repugnant than the Kennedy Democrats are the hypocrite republicans. I've
always compromised and voted issues. Perhaps that's why I'm not as high
strung as you seem to be?

Steve
From: Steve Furbish on
On Mon, 26 Feb 2007 18:11:53 +0000, Citizen Bob wrote:

> On Mon, 26 Feb 2007 11:56:34 -0500, Steve Furbish
> <sfurbish(a)hotpop.com> wrote:
>
>>Unfortunately for your argument Bob, some jurisdictions make it next to
>>impossible to get more than a bench trial for traffic infractions. They
>>make traffic violations something less than criminal and remove your right
>>to a guaranteed trial by jury.
>
> RLC violations were made civil penalties for just that reason. However
> all the others are Class C Misdemeanors, which means you do have a
> right to trial by jury.

This thread started over the issue of red light cameras. To my
recollection I've never read of a jury trial on those types of cases.
They're not in use in my area as we're still considered rural, but we have
very few traffic misdemeanors here and so jury nullification suggestions
are pretty much useless in my local community. Things may well be
different in Texas.

Steve