Lawful rebellion

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Lawful rebellion
« on: March 14, 2011, 02:00:51 PM »




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Benocrates

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Re: Lawful rebellion
« Reply #1 on: March 14, 2011, 02:15:33 PM »
wtf is all this about. Couldn't follow any of those vids. Care to explain?
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Saddam Hussein

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Re: Lawful rebellion
« Reply #2 on: March 14, 2011, 02:53:16 PM »

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Chris Spaghetti

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Re: Lawful rebellion
« Reply #3 on: March 14, 2011, 03:04:35 PM »
"Lawful rebellion" Surely that's an oxymoron? If you're operating within the law you're not really rebelling.

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Benocrates

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Re: Lawful rebellion
« Reply #4 on: March 14, 2011, 04:10:42 PM »
Those 'rebels' must be crushed. Courts are sacred places that can only be attacked under the greatest rebellions. What makes a rebellion just? Very good question that I can't necessarily define. However, in this case I side with the government and (if I were British) would demand for the strictest penalties for these 'rebels'.
Quote from: President Barack Obama
Pot had helped
Get the fuck over it.

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Marcus Aurelius

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Re: Lawful rebellion
« Reply #5 on: March 14, 2011, 04:26:48 PM »
I agree, they assaulted a man, and possibly committed false imprisonment.  I'm not sure what the laws are in the UK for a citizens arrest, but over here to arrest somebody you have to have a warrant.

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Saddam Hussein

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Re: Lawful rebellion
« Reply #6 on: March 14, 2011, 05:35:41 PM »
Apparently, their justification was that the judge refused to produce evidence of his oath of office when asked, which is supposedly illegal as per some decision in a case known as "The Times News Paper vs. The Attorney General."  I Googled the name of that case, and the only mentions of it that I found were in stories about this exact incident.  Hmm.

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Trekky0623

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Re: Lawful rebellion
« Reply #7 on: March 14, 2011, 09:10:36 PM »
In other words, bullshit.

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parsec

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Re: Lawful rebellion
« Reply #8 on: March 14, 2011, 09:18:33 PM »

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Saddam Hussein

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Re: Lawful rebellion
« Reply #9 on: March 15, 2011, 02:43:45 PM »
In other words, bullshit.

Yeah.

I agree, they assaulted a man, and possibly committed false imprisonment.  I'm not sure what the laws are in the UK for a citizens arrest, but over here to arrest somebody you have to have a warrant.

Or have probable cause.  Also, false imprisonment is a tort, not a crime.  The crime is called kidnapping. :P

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Marcus Aurelius

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Re: Lawful rebellion
« Reply #10 on: March 15, 2011, 02:53:48 PM »
kidnapping requires you move your captive to another location without consent doesn't it?

Recently near where I live there was a false imprisonment suit against a man who prevented another person from driving away from a crime scene by blocking his car in a parking space.  This is more or less how it went down from what I remember.

Apparently the assailant got into a fight with somebody at a parking lot of a 7-11 and beat the shit out of someone.  Then he attempted to flea, but a witness pulled their car behind the assailants car preventing him from backing out of the space.  The police came, arrested the man for assault and battery, and a month later the guy who prevented his escape was sued for false imprisonment.

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Trekky0623

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Re: Lawful rebellion
« Reply #11 on: March 15, 2011, 02:58:54 PM »
In the United States, if a citizen witnesses a felony, they can make a citizen's arrest. I'm not sure how that ties into certain legal protections, though.

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EnigmaZV

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Re: Lawful rebellion
« Reply #12 on: March 15, 2011, 03:08:42 PM »
kidnapping requires you move your captive to another location without consent doesn't it?

Recently near where I live there was a false imprisonment suit against a man who prevented another person from driving away from a crime scene by blocking his car in a parking space.  This is more or less how it went down from what I remember.

Apparently the assailant got into a fight with somebody at a parking lot of a 7-11 and beat the shit out of someone.  Then he attempted to flea, but a witness pulled their car behind the assailants car preventing him from backing out of the space.  The police came, arrested the man for assault and battery, and a month later the guy who prevented his escape was sued for false imprisonment.

The guy was free to get out of his car and flee on foot.  I don't think he'll win his suit.
I don't know what you're implying, but you're probably wrong.

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Benocrates

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Re: Lawful rebellion
« Reply #13 on: March 15, 2011, 03:16:43 PM »
kidnapping requires you move your captive to another location without consent doesn't it?

Recently near where I live there was a false imprisonment suit against a man who prevented another person from driving away from a crime scene by blocking his car in a parking space.  This is more or less how it went down from what I remember.

Apparently the assailant got into a fight with somebody at a parking lot of a 7-11 and beat the shit out of someone.  Then he attempted to flea, but a witness pulled their car behind the assailants car preventing him from backing out of the space.  The police came, arrested the man for assault and battery, and a month later the guy who prevented his escape was sued for false imprisonment.

I just saw an episode of nightline or something that brings up this issue. As far as I understand in Alabama you can be convicted of kidnapping even if the person who you have kidnapped doesn't know it. For example, if you invite a person to drive to a shopping centre with the intention of not letting them escape, and someone foils your plans before you get a chance to use force or before the person is aware of the imminent force, you can be convicted of the act (not simply conspiracy) to kidnap. Now, of course this is just in Alabama as far as I know, but it seems like a legal principal that may relate to other US jurisdictions.
Quote from: President Barack Obama
Pot had helped
Get the fuck over it.

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Trekky0623

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Re: Lawful rebellion
« Reply #14 on: March 15, 2011, 03:19:05 PM »
kidnapping requires you move your captive to another location without consent doesn't it?

Recently near where I live there was a false imprisonment suit against a man who prevented another person from driving away from a crime scene by blocking his car in a parking space.  This is more or less how it went down from what I remember.

Apparently the assailant got into a fight with somebody at a parking lot of a 7-11 and beat the shit out of someone.  Then he attempted to flea, but a witness pulled their car behind the assailants car preventing him from backing out of the space.  The police came, arrested the man for assault and battery, and a month later the guy who prevented his escape was sued for false imprisonment.

I just saw an episode of nightline or something that brings up this issue. As far as I understand in Alabama you can be convicted of kidnapping even if the person who you have kidnapped doesn't know it. For example, if you invite a person to drive to a shopping centre with the intention of not letting them escape, and someone foils your plans before you get a chance to use force or before the person is aware of the imminent force, you can be convicted of the act (not simply conspiracy) to kidnap. Now, of course this is just in Alabama as far as I know, but it seems like a legal principal that may relate to other US jurisdictions.

Don't worry citizen, the pre-crime division is on its way.

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EnigmaZV

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Re: Lawful rebellion
« Reply #15 on: March 15, 2011, 03:43:42 PM »
kidnapping requires you move your captive to another location without consent doesn't it?

Recently near where I live there was a false imprisonment suit against a man who prevented another person from driving away from a crime scene by blocking his car in a parking space.  This is more or less how it went down from what I remember.

Apparently the assailant got into a fight with somebody at a parking lot of a 7-11 and beat the shit out of someone.  Then he attempted to flea, but a witness pulled their car behind the assailants car preventing him from backing out of the space.  The police came, arrested the man for assault and battery, and a month later the guy who prevented his escape was sued for false imprisonment.

How exactly did this come up?  What was the situation involved?

I just saw an episode of nightline or something that brings up this issue. As far as I understand in Alabama you can be convicted of kidnapping even if the person who you have kidnapped doesn't know it. For example, if you invite a person to drive to a shopping centre with the intention of not letting them escape, and someone foils your plans before you get a chance to use force or before the person is aware of the imminent force, you can be convicted of the act (not simply conspiracy) to kidnap. Now, of course this is just in Alabama as far as I know, but it seems like a legal principal that may relate to other US jurisdictions.
I don't know what you're implying, but you're probably wrong.

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Saddam Hussein

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Re: Lawful rebellion
« Reply #16 on: March 15, 2011, 04:38:28 PM »
kidnapping requires you move your captive to another location without consent doesn't it?

I think that depends on the state.

Quote
Recently near where I live there was a false imprisonment suit against a man who prevented another person from driving away from a crime scene by blocking his car in a parking space.  This is more or less how it went down from what I remember.

Apparently the assailant got into a fight with somebody at a parking lot of a 7-11 and beat the shit out of someone.  Then he attempted to flea, but a witness pulled their car behind the assailants car preventing him from backing out of the space.  The police came, arrested the man for assault and battery, and a month later the guy who prevented his escape was sued for false imprisonment.

Right, he was sued for false imprisonment, not prosecuted.  If the government had wanted to prosecute him (although i can't imagine why), they'd have to charge him with...um, something related to obstructing the roadway, maybe?  I'm willing to bet that the criminal lost the lawsuit.

Don't worry citizen, the pre-crime division is on its way.

What, do you think that the government should only be allowed to step in after the crime is already committed?

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Marcus Aurelius

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Re: Lawful rebellion
« Reply #17 on: March 15, 2011, 04:40:28 PM »
Right, he was sued for false imprisonment, not prosecuted.  If the government had wanted to prosecute him (although i can't imagine why), they'd have to charge him with...um, something related to obstructing the roadway, maybe?  I'm willing to bet that the criminal lost the lawsuit.


Um, yeah I was agreeing with you on that part.

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Space Cowgirl

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Re: Lawful rebellion
« Reply #18 on: March 15, 2011, 04:42:32 PM »

What, do you think that the government should only be allowed to step in after the crime is already committed?

Yeah, that's usually how it works.
I'm sorry. Am I to understand that when you have a boner you like to imagine punching the shit out of Tom Bishop? That's disgusting.

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Trekky0623

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Re: Lawful rebellion
« Reply #19 on: March 15, 2011, 04:44:25 PM »
What, do you think that the government should only be allowed to step in after the crime is already committed?

This is why we have something called "Conspiracy to kidnap" rather than actually being charged with kidnapping even though you haven't kidnapped anyone.

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Saddam Hussein

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Re: Lawful rebellion
« Reply #20 on: March 15, 2011, 05:03:33 PM »
What, do you think that the government should only be allowed to step in after the crime is already committed?

This is why we have something called "Conspiracy to kidnap" rather than actually being charged with kidnapping even though you haven't kidnapped anyone.

A conspiracy to kidnap would be an agreement between two or more people to kidnap someone.  I think you mean attempted kidnapping, which was actually what I thought Beno's case was about.  Looking over it again, I see I was wrong, they're charging him with full kidnapping before he kidnapped anyone.  I agree with you that that's dumb.

Yeah, that's usually how it works.

I meant as opposed to charging them with attempt.

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Chris Spaghetti

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Re: Lawful rebellion
« Reply #21 on: March 18, 2011, 09:13:42 AM »
Quote from: Sideshow Bob
'Attempted murder' isn't even a real crime! They don't give out Nobel prizes for 'attempted' chemistry!

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hoppy

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Re: Lawful rebellion
« Reply #22 on: March 18, 2011, 01:43:52 PM »
Quote from: Sideshow Bob
'Attempted murder' isn't even a real crime! They don't give out Nobel prizes for 'attempted' chemistry!

  I want to give crusty a Nobel prize for attempted astronomy.
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