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-   -   Here's why we can't have nice things. (https://www.subsim.com/radioroom/showthread.php?t=177621)

Growler 12-02-10 12:01 PM

Here's why we can't have nice things.
 
Big gummint at work.

http://abcnews.go.com/US/jersey-man-...2287484&page=1

C'mon. Logic and the Judicial system just don't mix, I guess.

GoldenRivet 12-02-10 12:03 PM

Not only that, but it is no longer a crime to use another person's social security number :doh:

Dont really know what this country is coming to.

EDIT: From MSNBC

Quote:

Is using a forged Social Security Number -- but your own name -- to obtain employment or buy a car an identity theft crime? Lately, U.S. courts are saying it's not.
The most recent judicial body to take on the issue, the Colorado Supreme Court, ruled last month that a man who used his real name but someone else's Social Security number to obtain a car loan was not guilty of "criminal impersonation," overturning convictions by lower courts.
That follows a ruling last year by the U.S. Supreme Court that a Mexican man who gave a false SSN to get a job at an Illinois steel plant could not be convicted under federal identity theft laws because he did not knowingly use another person's identifying number.

frau kaleun 12-02-10 12:23 PM

Okay I get that's it not "identity theft" per se if you made up what you thought was a random SSN that turned out to belong to someone else, since an argument could be made that you didn't intend to steal that person's identity in particular, and didn't use or even have their name and other identifying information.

But wouldn't giving any SSN that isn't actually yours be, I dunno, falsifying information? Fraud? Something covered by some statue somewhere? Regardless of whether or not you knew it belonged to anyone else, it's not yours and you're putting it down like it is in order to get something that you wouldn't be able to get otherwise.

Tribesman 12-02-10 12:23 PM

So he checked on the laws to make sure he followed them, then was found to be in violation of the laws as he had checked on but not followed.
If local government(big government as you put it) wants mandatory sentencing then people shall expect mandatory terms.
To complain about getting caught after checking the laws makes this individual a real numbskull.
So to summarise he was moving from one place to another but hadn't got a get out that he needed, his defence was that he should be exempt as he was claiming he was really moving from a third place instead of between the two places he did...which is moot anyway as he hadn't sorted the move between the two let alone the claimed third move.
So he was attempting a pure bull excuse.
Besides which even if he had got the gun move sorted he was still transporting illegal ammunition and accesories which as he claimed to have checked the laws he must have known were illegal.

Quote:

Not only that, but it is no longer a crime to use another person's social security number
It is a crime, but you will not get a conviction that stands if you prosecute under the wrong laws.

ETR3(SS) 12-02-10 12:40 PM

I agree that this man should have never have gone to prison and that IMHO should have never gone to trial either. However I can't help but feel that when asked if the police could search his car, just saying no could have stopped the whole scenario. Stand by your 4th Amendment right, if they don't have a warrant (and presumably no probable cause from what the story says) then they don't get to search anything.

As to the Social Security Number thing, if it isn't your number it isn't your number, period! If someone uses their name but my number for a car loan and doesn't pay for it, who gets the shaft on their credit report there?

Tribesman 12-02-10 12:43 PM

Quote:

I agree that this man should have never have gone to prison and that IMHO should have never gone to trial either.
So you agree that people can break the law, and not only just break the law but do so after checking what the law is:doh:

Torvald Von Mansee 12-02-10 12:46 PM

Quote:

Originally Posted by Growler (Post 1545547)
C'mon. Logic and the Judicial system just don't mix, I guess.

But enough about Bush v. Gore

Growler 12-02-10 12:52 PM

The problem with mandatory sentences is the lack of actual judgment by the judge. Mitigating circumstances matter.

Case in Point: I have heard more than one "baby-delivery" story from mothers who tell of high-speed rides to the hospital that, instead of resulting in the immediate incarceration of the driver, instead end with a police escort to the ER.

Clearly, this circumstance isn't the same, but the exercise of judgement is. After having the situation explained to them by the defendant's mother, who initiated and then aborted the call, why should the LEOs have any reason to ask to search his vehicle? That's the judgment question. No crime had been committed.

If nothing else, I think that we can agree that the article is perhaps not telling the complete story.

Growler 12-02-10 12:54 PM

Quote:

Originally Posted by Torvald Von Mansee (Post 1545569)
But enough about Bush v. Gore

LOL...

This doesn't help the LEO logic & judgement argument.

http://gizmodo.com/5704184/police-sp...ly-a-movie-set

OR... it's an affirmation of a quality job on the special effects team's part.

AVGWarhawk 12-02-10 12:58 PM

Here was the problem:

Quote:

But the judge in the case did not allow
The judge is entirely at fault IMO and should be removed from the bench. He did not listen to reason. :down:

Tribesman 12-02-10 01:00 PM

Quote:

The problem with mandatory sentences is the lack of actual judgment by the judge. Mitigating circumstances matter.

Its the ttraditional law and order crowd who want it, they also scream loudest about judges being lenient with mitigating circumstances.

Quote:

After having the situation explained to them by the defendant's mother, who initiated and then aborted the call, why should the LEOs have any reason to ask to search his vehicle? That's the judgment question. No crime had been committed.

No, no no no. No.
Clear enough, not only had a crime been committed...several in fact but given the circumstances the police would be required by law to search the car.

Quote:

I think that we can agree that the article is perhaps not telling the complete story.
Yes , the parents obviously feel guilty as their initial report that they thought their armed son was going to do something silly led to his eventual imprisonment for breaking the law.

Quote:

The judge is entirely at fault IMO and should be removed from the bench.
The judge followed the law, the criminal is entirely at fault.
Quote:

He did not listen to reason.
The "reason" offered was pure bull

Growler 12-02-10 01:11 PM

Quote:

Originally Posted by Tribesman (Post 1545579)

No, no no no. No.
Clear enough, not only had a crime been committed...several in fact but given the circumstances the police would be required by law to search the car.

What crime had been committed?

We have NO EVIDENCE in the article that a criminal act had taken place upon the driver's arrival back at his mother's residence. (That's the key I'm arguing on here - there's nothing in the article to suggest that the LEOs had any reason to ask to search the vehicle.)

True, criminal possession was taking place. But the LEOs (according to the article) had no reason to suspect it was taking place. And the defendant, who clearly thought he was OK with the firearms in the car, since they were stowed properly disassembled and not easily accessible from within the vehicle, allowed the search, since he also did not suspect a crime had been committed. After all, wouldn't you deny a search if you thought you were wrong?

Tribesman 12-02-10 01:29 PM

Quote:

What crime had been committed?
The ones he was sent to prison for after getting convicted.

Quote:

We have NO EVIDENCE in the article that a criminal act had taken place upon the driver's arrival back at his mother's residence.
CAPS LOCK strikes.
You have already said the article doesn't tell the full story:haha:

Quote:

True, criminal possession was taking place.
So he was breaking the law and did get the mandatory punishment for breaking the law as set down in law.


Quote:

But the LEOs (according to the article) had no reason to suspect it was taking place.
Ah the article again:haha:
Obviously the article isn't telling the full story is it...damn that liberal media.

Quote:

And the defendant, who clearly thought he was OK with the firearms in the car
He claims he had looked up the laws, so either he didn't look them up or he was just chancing his arm with the hope of not getting caught.

Quote:

After all, wouldn't you deny a search if you thought you were wrong?
Do you think denying a search will deny a search?

AVGWarhawk 12-02-10 02:09 PM

Quote:

The judge followed the law, the criminal is entirely at fault.

Lies all lies! :stare:

Sailor Steve 12-02-10 02:58 PM

Quote:

Originally Posted by Torvald Von Mansee (Post 1545569)
But enough about Bush v. Gore

About which you seem to know absolutely nothing. But had to say it anyway.


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