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I got arrested 26 months ago. I'd gone back to the hospital with a court order that said the hospital's behavior was not in compliance with the law, and that th
by tcj_phx 9y ago
I got arrested 26 months ago. I'd gone back to the hospital with a court order that said the hospital's behavior was not in compliance with the law, and that they had to let their patient (my friend) go.
I made the mistake of going without a police escort. The ER staff didn't know that their employer actually had no legal authority to hold their patient in their psychiatric ward. I called the police and was patiently waiting for their help to enforce the court's order, but before the police arrived I irritated one of the security guards and they all attacked me. I was charged with 'misdemeanor assault' and was released on my own recognizance after a night at the city jail.
Two months later I got the police report, and learned what I'd allegedly done. 9 months later I learned the "old man" security guard that freaked out on me was a retired police officer. He knew exactly what to say to the responding officer to cover his ass, and was well-practiced at testifying on the stand. It's easy to make shit up if you know what you're doing. His co-conspirator was kind of a doofus - he'd been a hospital security guard for 20+ years.
Two months after my trial, my girlfriend got arrested - her court-ordered mental health professionals didn't think her substance use was of any concern to them, and were heroically treating her presenting systems without any concern as to their cause. While I was arrested for assault (misdemeanor/victim), she was arrested for heroin possession (felony/victimless). Her bail was $5000. The various bail bondsmen I called weren't interested, or wanted more collateral than I had - apparently people arrested for drug charges have a tendency to not show up for their court dates. She spent 2 weeks in jail while her attorney negotiated with the justice system on her behalf.
(The system she was arrested into has since made some efforts to keep people out of the jails, or to reduce bails, but I don't know how these changes would've affected her experience...)
In a separate anecdote, my ex-wife recently picked a fight with her then-boyfriend (California). He responded to her provocation by escalating the fight into a very physical confrontation. Bystanders called the police, he got arrested... Bond was set for $50,000. He bailed himself out by charging $5,000 to his credit card with a bail bondsman. The charges were dropped a few days later. The bondsman apparently got to keep all $5,000 (edit: I think the term 'racket' applies).
I don't know that an algorithmic approach to justice will be much help at this stage, because the system is so corrupt. Any algorithm will have to start with "Is there an actual victim [0]? No: release without bond. Yes: [...]". I don't think the system will take well to considering that they've spent decades making work for themselves...
[0] I learned about 'strict liability' from a HN comment - thanks, whoever that was. https://en.wikipedia.org/wiki/Strict_liability https://en.wikipedia.org/wiki/Strict_liability
- pdkl95 9y ago> He knew exactly what to say to the responding officer to cover his ass Replacing human judgment with algorithms is a terrible idea for many reasons, but this might be the worst. Algorithms are deterministic, and thus they can be manipulated. "SEO" services exist in spite of Google's efforts to protect their ranking algorithm. Does anybody seriously believe their local government will be more successful than Google at preventing people (i.e. police, prosecutors, etc) from "optimizing" their input to the algorithm? edit - justification for the claim that a bail algorithm would be easy to manipulate: The recent single-pixel attack[1] against image classifiers. https://arxiv.org/abs/1710.08864 https://arxiv.org/abs/1710.08864 Google's failure to recognize obviously inapropriate videos in their "youtube kids" app ("elsagate") https://medium.com/@jamesbridle/something-is-wrong-on-the-internet-c39c471271d2 https://medium.com/@jamesbridle/something-is-wrong-on-the-in... (a good summary & discussion https://www.youtube.com/watch?v=LKp2gikIkD8 https://www.youtube.com/watch?v=LKp2gikIkD8 )
- Simon_says 9y agoYou lead an interesting life. Your comment reminded me how curious it is that some people tend to have regular (yearly-ish?) clashes with police and the criminal justice system, and others go their entire life without anything more than a "Good morning" with a cop.
- mschuster91 9y agoWell. There are factors that increase your risk of dealing with cops: 1) being non white (or, not the same skin color/ethnical background as the majority population) 2) being in any way "non-conforming to mainstream" - e.g. wearing dreads, "gangsta clothing", looking like a punk or basically anything that makes you stand out. Cops always go for those looking different than the mass when they're bored.
- dsfyu404ed 9y agoThe longer your history the more the cops will treat you like a criminal during even the most trivial interactions. Due to the large amount of discretion they have the more scrutiny you get the more likely you are to wind up with a lengthier criminal history. Old men who have an (irrelevant) DUI from the '70s on their history get asked if they've been drinking when they roll a 4-way stop on their way to church on Sunday morning.