No...MongoBaer said:no it's not. I agree that this is bull, but given the spate of school shootings and the lawsuit happy public this was going to happen.Golem239 said:that's a load of bullshit he clearly referenced he was talking about a video game
I hope this guy can get something for a wrongful termination suit.
Sadly this is normal in the USA. It isn't really a problem with the lawyers themselves, it is with the court system as a whole. They are just booked solid that people have to wait months before they can get a hearing. That is what most people watching shows like 'law and order' don't realize, there are months on months between scenes! That bail hearing at the start of the court part of the show... two, three, months easily.Guest_Star said:A month? A fucking month in jail before the hearing?
What fucktard lawyer did that poor sod have?
Someone who got their degree on the internet probably.Guest_Star said:A month? A fucking month in jail before the hearing?
What fucktard lawyer did that poor sod have?
Your avatar sums up my thoughts nicely. That poor guy, what did they do the first time he meant, i meant a game... do we have to be really carefull we never imagine or play anything dangerous lest we be taken by the thought police and lociked away for terrorism most foul?The_ModeRazor said:And he doesn't even get some form of compensation?
Poor guy's practically fucked. Life may be unfair, but this is just full of shit.
*goes off to find bowel disruptor*
Oh I'm bucking the trend. I know it's standard operating procedure on the internet to only reply if you fundamentally disagree with someone but every now and again I do agree though want to add more to the conversation than just "/this"Mr. Grey said:Are you in support of my statement? Or am I not conveying my points clearly enough...? Which I rarely do... why is that a problem with me? I'm probably just too tired to realise the points I'm actually making. I'll try to stay more focused.
Arrest yes... but charge, noNuke_em_05 said:As I said before, this is a case of public safety. In that situation, you remove a potential threat and then determine the accuracy. Hindsight; "because he was proven innocent, the arrest was wrong". Yes, he was proven innocent. If they had taken the time to determine that before arresting him and he had been a legitimate threat, it would have given him time to go through with it.
Yeah, sorry, I'm just not focusing as much as I should. I'm dead tired and for some reason I feel like frying my brain by staying awake.Treblaine said:Oh I'm bucking the trend. I know it's standard operating procedure on the internet to only reply if you fundamentally disagree with someone but every now and again I do agree though want to add more to the conversation than just "/this"Mr. Grey said:Are you in support of my statement? Or am I not conveying my points clearly enough...? Which I rarely do... why is that a problem with me? I'm probably just too tired to realise the points I'm actually making. I'll try to stay more focused.
The 2nd amendment is the US citizen's inalienable right to the ABILITY of self defence beyond the mere right. It's like giving man a right to have a baby even if he doesn't have a womb (python), that's what it is like giving a person a right to self defence... but not the right to bear arms.
They need to learn that life is not like a disney movie, and ...Mr. Grey said:People are paranoid, even more so in a school. A school where children go to learn and become better people -- in theory. You don't talk about killing people in a place like this and expect to keep your job.
Manic paranoia does not reduce risks, it increases them, common sense reduces risks ; plus leaving in a constant state of fear, having to watch your every move...Nuke_em_05 said:I'd prefer that people have "brooms up their asses" when it comes to public safety, especially child safety, than risk a breach of either.
Even if it was right to report what he said, the way the justice system worked is inept, to say the least.Mr. Grey said:It was probably because of those things that the person who reported Mr. Davis felt even more uneasy. You never hear often about the guy that thwarted a school shooting, you hear about how it ends up successful. This increases the paranoia of people to take anything said involving killing very seriously. Especially if he was talking about how mad he got when someone took those markers, that makes them think he'll go off for sure eventually and this may just be the final straw.
When someone is suspected of premeditation they are put under surveillance while basic investigation is carried on immediately.Nuke_em_05 said:A lot of the outrage in this thread seems to be due to a lack of understanding of the legal system in the United States. Particularly when it comes to public safety, the difference between jail and prision, the judiciary responsibilities of police vs juries, and how due process works.
(...)Well, if it was true by then he would have gone ahead with it, wouldn't he?
You continue to make personal comments, this is unnecessary.incal11 said:They need to learn that life is not like a disney movie, and ...Mr. Grey said:People are paranoid, even more so in a school. A school where children go to learn and become better people -- in theory. You don't talk about killing people in a place like this and expect to keep your job.
Manic paranoia does not reduce risks, it increases them, common sense reduces risks ; plus leaving in a constant state of fear, having to watch your every move...Nuke_em_05 said:I'd prefer that people have "brooms up their asses" when it comes to public safety, especially child safety, than risk a breach of either.
Don't be surprised if you die of a heart failure before you can enjoy retirement.
Even if it was right to report what he said, the way the justice system worked is inept, to say the least.Mr. Grey said:It was probably because of those things that the person who reported Mr. Davis felt even more uneasy. You never hear often about the guy that thwarted a school shooting, you hear about how it ends up successful. This increases the paranoia of people to take anything said involving killing very seriously. Especially if he was talking about how mad he got when someone took those markers, that makes them think he'll go off for sure eventually and this may just be the final straw.
When someone is suspected of premeditation they are put under surveillance while basic investigation is carried on immediately.Nuke_em_05 said:A lot of the outrage in this thread seems to be due to a lack of understanding of the legal system in the United States. Particularly when it comes to public safety, the difference between jail and prision, the judiciary responsibilities of police vs juries, and how due process works.
(...)Well, if it was true by then he would have gone ahead with it, wouldn't he?
The case of this teacher is a good illustration of why the police SHOULD have to do this in your country too.
Your attitudes shows well that you have no understanding of what it might be to have your life destroyed because of a screwy system ; even and especially if you did something trivially stupid like saying the wrong thing at the wrong time.
You can stop repeating yourselves, I got your meaning.
Moving this argument forward :
The way US's justice worked here is wrong.
The way the police did it here is wrong.
If the police and the judge had no choices then it's because the laws themselves are wrong.
Finally, how you think all this is all right is wrong, and depressing.
Why is it all wrong ?
Because "guilty until proven innocent" killed more people worldwide than all the terrorists combined.
"Innocent until proven guilty" saved more people than you think, and is the way things work where I live, and they work very well.
You have your pride, I understand.
You are not abandoning your pride by accepting that your country's ways should be changed.
You are by refusing to see that some things need change.
Some of what I said above applies to some of what you have said.Treblaine said:SnipsArrest yes... but charge, noNuke_em_05 said:Touche
You have a 24 hour window between arresting and needing to make a charge. Even longer if you ask them to come into questioning and then officially arrest them if they refuse or when they try to leave: now start the 24 hour clock. That is plenty of time to make sure this isn't a benign conversation blown out of proportion by rumour. Something they failed to do. And remember this is not a case of petty thievery, this is an extremely serious crime related to terrorism that has very stringent bail conditions.
A lot of taxpayer's time and money has been WASTED in the lengthy legal process because the police were quite frankly incompetent as they followed rumour and conjecture over evidence.
It's one thing to arrest a man on rumour and hear-say. It is a WHOLE OTHER THING to charge him entirely based on that pitiful evidence.
I mean once they are down in the nick, search their home to see if they have a CAPABILITY to carry out that threat, such as testing their person and house for gunpowder/explosives residue. Search his computer. And so on.
Ah, but that's the problem with this Patriot Act. It doesn't have to be a real threat.
"If they had taken the time to determine (innocence) and he had been a legitimate threat, it would have given him time to go through with it."
That's the thing about this law, the accused DOESN'T EVEN HAVE TO BE A THREAT! It can be utterly baseless and that is enough for 10 to 25 years in an 'orrible Kentucky Prison. He only got acquitted on the revelation that the statement in question was about a fictional video game.
They could search his home and find nothing more deadly than a spoon (Python reference), no documented plans, nothing and yet they'd still have a case. Yes, no threat at all but 10-25 years. And IF he was a real threat then in 24 hours that is plenty of time to search his property for incriminating documents or weapons/explosives to find an actual danger and charge him with old pre-9/11 laws.
Is it so inept? Is it truly? Isn't he free and not currency in a federal prison? I must not have paid much attention, because I was led to believe he was acquitted and set free. Are you telling me he was found guilty after all? That he was sentenced to spend most of his life in a federal prison? You know, being currency?incal11 said:Even if it was right to report what he said, the way the justice system worked is inept, to say the least.Mr. Grey said:It was probably because of those things that the person who reported Mr. Davis felt even more uneasy. You never hear often about the guy that thwarted a school shooting, you hear about how it ends up successful. This increases the paranoia of people to take anything said involving killing very seriously. Especially if he was talking about how mad he got when someone took those markers, that makes them think he'll go off for sure eventually and this may just be the final straw.
No apparently we still have to repeat ourselves as you keep missing the point.You can stop repeating yourselves, I got your meaning.
Moving this argument forward :
The way US's justice worked here is wrong.
The way the police did it here is wrong.
If the police and the judge had no choices then it's because the laws themselves are wrong.
Finally, how you think all this is all right is wrong, and depressing.
Why is it all wrong ?
Because "guilty until proven innocent" killed more people worldwide than all the terrorists combined.
"Innocent until proven guilty" saved more people than you think, and is the way things work where I live, and they work very well.
You have your pride, I understand.
You are not abandoning your pride by accepting that your country's ways should be changed.
You are by refusing to see that some things need change.
I had the exact same thoughtflaming_squirrel said:Americans, paranoid?! Never!
Sometimes the British justice system doesnt seem quite so bad.
Yes it is, you accepting this state of affair makes me sick.Nuke_em_05 said:You continue to make personal comments, this is unnecessary.
That's exactly the kind of attitude I've observed when I lived in the US.Nuke_em_05 said:you are assuming "run for the hills and hide in caves!"
Well, I pithy you then.Nuke_em_05 said:I'll more likely die before retirement because I won't be able to until I am 120 years old.
Basically, you're admitting you are a hypocrite.Nuke_em_05 said:You also seem to think that my opinion on one issue dictates my behavior over my whole life.
There's a point where "inexperience" becomes plain stupidity, and this is it.Nuke_em_05 said:I'm not saying the system is perfect. They probably could have handled it differently, but you also must keep in mind that this was in a town of less than 4,000 people. It is probably due less to panic and corruption and more due to inexperience with a scenario like this of the school and law enforcement staff.
Actually I've heard people talking about killing in video games, in public places, and I sometime joined the conversation.Nuke_em_05 said:It is easy to pass judgement and speculate about how "I would have done it" sitting comfortably behind a computer screen and having all of the facts up front. It is another thing entirely to experience it firsthand and understand what was happening at the time.
Good start, now you can begin demanding a better system.Nuke_em_05 said:All-in-all; legally, he is clear. I do believe he was wrongfully terminated with that being the case.
There are worst systems in the world obviously, but this is certainly not the best, so a month in jail for nothing and career screwed = inept.Mr. Grey said:Is it so inept? Is it truly? Isn't he free and not currency in a federal prison? I must not have paid much attention, because I was led to believe he was acquitted and set free. Are you telling me he was found guilty after all? That he was sentenced to spend most of his life in a federal prison? You know, being currency?
What IS the point then ? You're just changing the subject.Mr. Grey said:No apparently we still have to repeat ourselves as you keep missing the point.
Yes it is, you accepting this state of affair makes me sick.Nuke_em_05 said:You continue to make personal comments, this is unnecessary.
That's exactly the kind of attitude I've observed when I lived in the US.Nuke_em_05 said:you are assuming "run for the hills and hide in caves!"
Well, I pithy you then.Nuke_em_05 said:I'll more likely die before retirement because I won't be able to until I am 120 years old.
Basically, you're admitting you are a hypocrite.Nuke_em_05 said:You also seem to think that my opinion on one issue dictates my behavior over my whole life.
There's a point where "inexperience" becomes plain stupidity, and this is it.Nuke_em_05 said:I'm not saying the system is perfect. They probably could have handled it differently, but you also must keep in mind that this was in a town of less than 4,000 people. It is probably due less to panic and corruption and more due to inexperience with a scenario like this of the school and law enforcement staff.
Actually I've heard people talking about killing in video games, in public places, and I sometime joined the conversation.Nuke_em_05 said:It is easy to pass judgement and speculate about how "I would have done it" sitting comfortably behind a computer screen and having all of the facts up front. It is another thing entirely to experience it firsthand and understand what was happening at the time.
Good start, now you can begin demanding a better system.Nuke_em_05 said:All-in-all; legally, he is clear. I do believe he was wrongfully jailed with that being the case.
There are worst systems in the world obviously, but this is certainly not the best, so a month in jail for nothing and career screwed = inept.Mr. Grey said:Is it so inept? Is it truly? Isn't he free and not currency in a federal prison? I must not have paid much attention, because I was led to believe he was acquitted and set free. Are you telling me he was found guilty after all? That he was sentenced to spend most of his life in a federal prison? You know, being currency?
What IS the point then ? You're just changing the subject.Mr. Grey said:No apparently we still have to repeat ourselves as you keep missing the point.
The patriot act expired under Bush's term and was not renewed.Mr. Grey said:It took a jury to find him innocent. This was the actual trial, they usually have a hearing beforehand and that may be the due process your thinking of. So he got his due process then the judge said that he will be held in prison until the trial date was settled. He either couldn't post bail or they wouldn't let him go due to that inane Patriot Act and this falling under "terrorism". So, he honestly has no right to sue the state.Treblaine said:If it took a judge all of 10 minutes to determine he was innocent in court, why could that not have been done BEFORE he spent a month in jail and so long on parole with no job and no chance of getting work?
I hope he sues. If he needs a legal fees pot I'd gladly donate as the state MUST be punished for their callousness so that they NEVER DO THIS AGAIN plus this guy has been extremely badly hurt financially costing him his job, he deserves to be compensated. If ever there is a case to be made for suing the state THIS IS ONE OF THEM!
But if it is the fault of the Patriot Act, he could petition the Supreme Court to strike down said Act. He can't sue the country or the state because of it, however. Well he could, but he won't have anything to gain out of it save for the Act being removed. The chance is slim.
And suing the state to be punished for doing something to protect people... yeah, that'll never backfire later on. Like when it's actually going to happen and they do nothing as they fear another lawsuit. Even then he'd probably only lose and have to pay their attorney's fees.
What he should do is sue the person that reported him in Civil Court, but that won't work because he probably doesn't have proof of intent or motivation let alone anything actually useful. He could sue the school for discrimination, but of what kind? They have the right to fire anyone they want so long as they don't suffer from a disability, they are old or they happen to be a darker skin tone.
He's screwed, plain and simple. The best he can do is move to another county or state and see if there is a school that will hire him.
EDIT:
Unless that state allows people to not be discriminant of criminals, but he isn't exactly a criminal since he had an acquittal.
Patriot Act was renewed, the good news is that it should be gone within a year unless someone in the current Administration gives reason otherwise. [http://boingboing.net/2010/02/26/usa-patriot-act-rene.html]direkiller said:Mr. Grey said:It took a jury to find him innocent. This was the actual trial, they usually have a hearing beforehand and that may be the due process your thinking of. So he got his due process then the judge said that he will be held in prison until the trial date was settled. He either couldn't post bail or they wouldn't let him go due to that inane Patriot Act and this falling under "terrorism". So, he honestly has no right to sue the state.Treblaine said:If it took a judge all of 10 minutes to determine he was innocent in court, why could that not have been done BEFORE he spent a month in jail and so long on parole with no job and no chance of getting work?
I hope he sues. If he needs a legal fees pot I'd gladly donate as the state MUST be punished for their callousness so that they NEVER DO THIS AGAIN plus this guy has been extremely badly hurt financially costing him his job, he deserves to be compensated. If ever there is a case to be made for suing the state THIS IS ONE OF THEM!
But if it is the fault of the Patriot Act, he could petition the Supreme Court to strike down said Act. He can't sue the country or the state because of it, however. Well he could, but he won't have anything to gain out of it save for the Act being removed. The chance is slim.
And suing the state to be punished for doing something to protect people... yeah, that'll never backfire later on. Like when it's actually going to happen and they do nothing as they fear another lawsuit. Even then he'd probably only lose and have to pay their attorney's fees.
What he should do is sue the person that reported him in Civil Court, but that won't work because he probably doesn't have proof of intent or motivation let alone anything actually useful. He could sue the school for discrimination, but of what kind? They have the right to fire anyone they want so long as they don't suffer from a disability, they are old or they happen to be a darker skin tone.
He's screwed, plain and simple. The best he can do is move to another county or state and see if there is a school that will hire him.
EDIT:
Unless that state allows people to not be discriminant of criminals, but he isn't exactly a criminal since he had an acquittal.
The patriot act expired under Bush's term and was not renewed.
I don't know the full story, the article doesn't mention whether or not he went through more than one trial until the final verdict. Or how long it took to schedule a trial considering the severity of his "crime" - or lack thereof - or even the specifications of his trial.incal11 said:There are worst systems in the world obviously, but this is certainly not the best, so a month in jail for nothing and career screwed = inept.Mr. Grey said:Is it so inept? Is it truly? Isn't he free and not currency in a federal prison? I must not have paid much attention, because I was led to believe he was acquitted and set free. Are you telling me he was found guilty after all? That he was sentenced to spend most of his life in a federal prison? You know, being currency?
You can say that's how things work, it is still inept.
You can say in the end noone was hurt (except the teacher), it is still inept.
That was the first time I ever used sarcasm, unless I've forgotten something from when I finally got some sleep. And I haven't assumed any amount of superiority over anyone. I never once claimed that my attitude was the best, but declaring that he should sue and that he has the right to is wrong. He doesn't have a chance in the world. Which has been my stance, both sides are wrong - the school and him - as far as I can care and the police should have done a better job, but the fact remains they did a job so it doesn't matter.What IS the point then ? You're just changing the subject.
In this case the person was held in jail and suspected guilty until proven innocent, a month later.
Sure the world does not work like we'd want to, but I choose to not be apathetic about it ; don't assume your attitude is the best, it definitely is not.
I'm sorry I took some things out of context, but overuse of sarcasm can backfire.
Plus you take some things as personal attacks when I'm just challenging your opinion, learn to accept that there are time when you are wrong, and here is one.
I am not saying you are wrong about the Patriot act though, but it expired apparently.
Explain that, if you would be so kind.incal11 said:I'm not American but I lived there for a time, and I have seen with my own eyes unbelievable displays of stupidity mixed with paranoia, so I know blind panic because of an overheard conversation is very sadly probable...Nuke_em_05 said:Do you mean for me to believe that if you overheard someone say they needed to "deal with this stress by killing 500 people", your immediate reaction would be mild inquisition into the nature of the killing, virtual or real? Don't kid yourself, you aren't fooling me, you'd freak out just like whomever reported him.
^from people like this...Mr. Grey said:he lost it by being stupid and talking about this in a freaking school. A school, a place more sacred than the airport. The cops did their jobs, the person that reported him did what was asked of them