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Supreme Court precedent has established that the constitutional rights of pretrial detainees are distinct from those of convicted inmates, because criminal convictions can justify certain punishments, Parker argued.
"If you haven't been convicted at all, your pretrial detention is not a form of punishment," said Columbia Law School professor Jamal Greene. "The degree to which his liberty can be restricted is directly tied to the needs that required him to be detained. So if he was detained only to secure himself for trial, he can't be detained for punishment."
Originally posted by charles1952
I hope he's not counting on $11 million dollars for his 18 days work. Wish he had a stronger case though. This one may be decided in his favor, but it doesn't seem clear cut. One court found against him, another said do it over. I hate cases which aren't obvious.
Do I understand you to be saying that the government sucked him into a crime using mind control and the resources of the government and couldn't make the charges stick? That the government wanted a lot of publicity to persuade Americans and the UN that we had to give up our weapons, then they dropped the case because it might get too high profile? Just want to get it clear in my mind.
Why are not talking about how the goverment used mind contro;l to make him do that in ploy to use UN troops to take away all our guns. Then dropped charges when he filed the suit because in made everything to high profile. Jesus people think.
Originally posted by jplaysguitar
i find a handfull of ATSERS show der true colors in thread like this
i say even if he is guilty he should not be forced to work
being IN PRISON alone is plenty of punishment in my book
For most of history, imprisoning has not been a punishment in itself, but rather a way to confine criminals until corporal or capital punishment was administered. There were prisons used for detention in Jerusalem in Old Testament times, and the Bible details the imprisonment of Joseph in Egypt.[4] Dungeons were used to hold prisoners; those who were not killed or left to die there often became galley slaves or faced penal transportations. In other cases debtors were often thrown into debtor's prisons, until they paid their jailers enough money in exchange for a limited degree of freedom.
Only in the 19th century, beginning in Britain, did prisons as known today become commonplace. The modern prison system was born in London, influenced by the utilitarianism of Jeremy Bentham. Bentham's panopticon introduced the principle of observation and control that underpins the design of the modern prison. The notion of prisoners being incarcerated as part of their punishment and not simply as a holding state until trial or hanging, was at the time revolutionary. This is when prisons had begun to be used as criminal rehabilitation centers.
Bentham remained bitter about the rejection of the Panopticon scheme throughout his later life, convinced that it had been thwarted by the King and an aristocratic elite. It was largely because of his sense of injustice that he developed his ideas of 'sinister interest' – that is, of the vested interests of the powerful conspiring against a wider public interest – which underpinned many of his broader arguments for reform.
Originally posted by charles1952
reply to post by mythots
Dear mythots,
Thanks for your interesting post. I believe federal magistrates are held to higher standards than local ones, but I was really intrigued by this part of your post:Do I understand you to be saying that the government sucked him into a crime using mind control and the resources of the government and couldn't make the charges stick? That the government wanted a lot of publicity to persuade Americans and the UN that we had to give up our weapons, then they dropped the case because it might get too high profile? Just want to get it clear in my mind.
Why are not talking about how the goverment used mind contro;l to make him do that in ploy to use UN troops to take away all our guns. Then dropped charges when he filed the suit because in made everything to high profile. Jesus people think.
With respect,
Charles1952