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From what I could tell from the article, an officer submitted a warrant request to a judge and the judge approved it. That request was potentially incomplete be

From what I could tell from the article, an officer submitted a warrant request to a judge and the judge approved it. That request was potentially incomplete because it left out the fact that the victim here didn’t actually make the meme. On the other hand I’m not sure whether omission matters since it would still be protected speech if he made it. So I would place a good amount of blame at the feet of the judge, who should be more knowledgeable about legal questions. I think cops should have a general understanding of the law but I doubt the legality of online memes comes up much. So I don’t think it is catastrophic that the police came to the judge with this issue. The problem is the judge rubber stamping something that should’ve been rejected. Second problem I see is that this took 37 days to resolve, which is also incredibly slow. So it really magnified the earlier mistakes. That said, I’m not against liability for cops in general. I just think in this particular case I blame the judge more.

worik 5mo ago
> Second problem I see is that this took 37 days to resolve "Justice delayed is justice denied " is an important principle that appears to have been forgotten in the west
- etothet 5mo ago
  Not just the west. Posted a couple weeks back here on HN: https://sundaicity.com/blogs/getting-arrested-in-japan https://sundaicity.com/blogs/getting-arrested-in-japan https://news.ycombinator.com/item?id=48078647 https://news.ycombinator.com/item?id=48078647
  - csa 5mo ago
    When people read these links, I encourage them to assume that the author/creator left out part of the story for convenience or due to lack of knowledge (specifically the language and customs around legal issues in Japan). Her story does not jibe with any of my experiences, direct or indirect, with law enforcement in Japan.
- joe_mamba 5mo ago
  >"Justice delayed is justice denied " is an important principle that appears to have been forgotten in the west It's also "the punishment is the process". It's often a feature, not a bug.
- janalsncm 5mo ago
  Rereading the article, another insane detail is the judge setting bond at $2M. I think for any person who actually was motivated to perpetrate a mass shooting, no bond would prevent it. And for most innocent people, $2M might as well be $200M. They’re sitting in jail until trial. I think there’s an amendment about that or something but I’m not a lawyer.
  - nativeit 5mo ago
    I believe there are standing precedents about cash bail that state that it should not be used unless there’s a demonstrable risk the defendant will flee otherwise. The problem (one of them anyway) is that as a component of the process, it’s highly unlikely to be challenged to such an extent it makes it to the circuit courts where such precedents are made. Bonds should not be used, in and of themselves, as punishments, or as leverage for prosecution. If a person is a danger to themselves or others, they should be denied bail. If they are a clear flight risk, then the bond should be set accordingly to ensure compliance. If they are neither, they should be released on their own recognizance and afforded the right to fully participate in their own defense. Edit: also not a lawyer
LocalH 5mo ago
> That request was potentially incomplete because it left out the fact that the victim here didn’t actually make the meme. Even if the man did make the meme I'd say it should qualify as free speech
- account42 5mo ago
  Would you say the same about Alex Jones? Why not?
  - adiabatichottub 5mo ago
    Jones lost in a civil suit. If you lie about somebody repeatedly and cause them harm you can be held accountable. It's called defamation. That is not the same thing as government abridgement of speech.
lern_too_spel 5mo ago
It wasn't an elected judge who issued the warrant, but a magistrate, whom the lawsuit noted "is a nonlawyer with no formal legal education." Surprisingly, this isn't unusual. https://www.npr.org/2019/12/02/784225337/south-carolina-magistrate-judges-dont-need-law-degrees-to-handle-lower-level-cas https://www.npr.org/2019/12/02/784225337/south-carolina-magi...

worik 5mo ago

> Second problem I see is that this took 37 days to resolve "Justice delayed is justice denied " is an important principle that appears to have been forgotten in the west

etothet 5mo ago
Not just the west. Posted a couple weeks back here on HN: https://sundaicity.com/blogs/getting-arrested-in-japan https://sundaicity.com/blogs/getting-arrested-in-japan https://news.ycombinator.com/item?id=48078647 https://news.ycombinator.com/item?id=48078647
- csa 5mo ago
  When people read these links, I encourage them to assume that the author/creator left out part of the story for convenience or due to lack of knowledge (specifically the language and customs around legal issues in Japan). Her story does not jibe with any of my experiences, direct or indirect, with law enforcement in Japan.
joe_mamba 5mo ago
>"Justice delayed is justice denied " is an important principle that appears to have been forgotten in the west It's also "the punishment is the process". It's often a feature, not a bug.
janalsncm 5mo ago
Rereading the article, another insane detail is the judge setting bond at $2M. I think for any person who actually was motivated to perpetrate a mass shooting, no bond would prevent it. And for most innocent people, $2M might as well be $200M. They’re sitting in jail until trial. I think there’s an amendment about that or something but I’m not a lawyer.
- nativeit 5mo ago
  I believe there are standing precedents about cash bail that state that it should not be used unless there’s a demonstrable risk the defendant will flee otherwise. The problem (one of them anyway) is that as a component of the process, it’s highly unlikely to be challenged to such an extent it makes it to the circuit courts where such precedents are made. Bonds should not be used, in and of themselves, as punishments, or as leverage for prosecution. If a person is a danger to themselves or others, they should be denied bail. If they are a clear flight risk, then the bond should be set accordingly to ensure compliance. If they are neither, they should be released on their own recognizance and afforded the right to fully participate in their own defense. Edit: also not a lawyer

LocalH 5mo ago

> That request was potentially incomplete because it left out the fact that the victim here didn’t actually make the meme. Even if the man did make the meme I'd say it should qualify as free speech

account42 5mo ago
Would you say the same about Alex Jones? Why not?
- adiabatichottub 5mo ago
  Jones lost in a civil suit. If you lie about somebody repeatedly and cause them harm you can be held accountable. It's called defamation. That is not the same thing as government abridgement of speech.

lern_too_spel 5mo ago

It wasn't an elected judge who issued the warrant, but a magistrate, whom the lawsuit noted "is a nonlawyer with no formal legal education." Surprisingly, this isn't unusual. https://www.npr.org/2019/12/02/784225337/south-carolina-magistrate-judges-dont-need-law-degrees-to-handle-lower-level-cas https://www.npr.org/2019/12/02/784225337/south-carolina-magi...