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Sci-Fi Writer Peter Watts Convicted of Assault

SJrX writes "CBC news is reporting that Peter Watts has indeed been convicted of Assaulting border guards, (discussed here). He will be sentenced April 26th."

381 comments

  1. Ready 1...2...3... Rush to judgement. by Gudeldar · · Score: 4, Insightful

    It would be nice to know if there was some evidence besides the accounts of the officer and Watts. If what the officers said is true then he is guilty and if Watts said is true then the officers assaulted him.

    1. Re:Ready 1...2...3... Rush to judgement. by Manip · · Score: 1

      Indeed. And since we can almost certainly guarantee there is video, the question is will this appear in court or is the camera "damaged?"

    2. Re:Ready 1...2...3... Rush to judgement. by Anonymous Coward · · Score: 3, Informative

      The wikipedia article linked to in the summary implies there was a video of the incident.

      "A local newspaper, the Port Huron Times-Herald, submitted a FOIA request to US Customs and Border Protection to be given the video recording of the incident. On January 14, 2010, the paper reported that the agency denied the request because "it is an ongoing investigation."[15]"

      http://en.wikipedia.org/wiki/Peter_Watts#Border_incident

    3. Re:Ready 1...2...3... Rush to judgement. by nmb3000 · · Score: 3, Interesting

      Peter Watts describes in much more detail events of the trial and conviction on his blog.

      It would be nice to know if there was some evidence besides the accounts of the officer and Watts.

      In a previous blog entry Watts mentioned there was video surveillance of the incident that would be used in court, but now he makes no comment on it. Maybe the video wasn't as helpful to him as he first said it would be (or maybe there wasn't any after all).

      --
      "What do you despise? By this are you truly known." --Princess Irulan, Manual of Muad'Dib
      /)
    4. Re:Ready 1...2...3... Rush to judgement. by Mitchell314 · · Score: 1

      Yeah, I agree. I really don't know if this is a case of they guy being an idiot or power abuse from the border guards. I need more people than these few to make my decision for me.

      --
      I read TFA and all I got was this lousy cookie
    5. Re:Ready 1...2...3... Rush to judgement. by Anonymous Coward · · Score: 2, Insightful

      Well, the way he describes it, he was convicted for failing to comply immediately with the official's order, which is something it seems that he doesn't deny. So the videotape wouldn't have helped with that.

      Let's hope that Michigan judges have discretion in sentencing. Chances are they do.

    6. Re:Ready 1...2...3... Rush to judgement. by Bartab · · Score: 5, Insightful

      Oddly, a grand jury found reason enough to charge, and a second criminal jury found reason enough to convict.

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
    7. Re:Ready 1...2...3... Rush to judgement. by erroneus · · Score: 2, Interesting

      Great! So as he has been convicted, it is no longer "an ongoing investigation." Now can we see for ourselves what happened and then, if their case is BS, file an appeal?

    8. Re:Ready 1...2...3... Rush to judgement. by Mike+Buddha · · Score: 1

      Yeah, it'd be great if the article linked to items relevant to the conviction (you know, the primary focus of the article) instead of the preliminary stories that have already been reported many times on /. How about a link to the CBS story reporting the conviction? Isn't that the frickin' title of your story? FAIL SJrX.

      --
      by Mike Buddha -- Someday the mountain might get him, but the law never will.
    9. Re:Ready 1...2...3... Rush to judgement. by Jeremy+Erwin · · Score: 1

      If you stop to think about it, you'll be convicted of disobedience. When a thug with a badge asks you to something, avoid rational thought, and simply do, with no thought for your own safety.

    10. Re:Ready 1...2...3... Rush to judgement. by Anonymous Coward · · Score: 0

      Peter Watts describes in much more detail events of the trial and conviction on his blog.

      It would be nice to know if there was some evidence besides the accounts of the officer and Watts.

      In a previous blog entry Watts mentioned there was video surveillance of the incident that would be used in court, but now he makes no comment on it. Maybe the video wasn't as helpful to him as he first said it would be (or maybe there wasn't any after all).

      The way he shut up about it, seems as if the video showed him being a total ass.

    11. Re:Ready 1...2...3... Rush to judgement. by dolbywan_kenobi · · Score: 5, Informative

      I am a criminal defense attorney. My experience is that whenever it's the word of the police versus the word of the person accused of a crime, the accused loses. In most jurisdictions in the US, judges and juries tend to believe the cops. Unless the case was tried by a jury in a large metro area with significant minority population ( and the jury is reflective of that), chances are a guilty verdict will result.

    12. Re:Ready 1...2...3... Rush to judgement. by jjohnson · · Score: 1, Redundant

      Jurors watched complete video of the entire incident. In interviews afterwards, they said the border guards acted like assholes, but Watts was guilty of the law as explained to them.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    13. Re:Ready 1...2...3... Rush to judgement. by Restil · · Score: 1

      He's already been convicted. The time to present the video has already passed.

      -Restil

      --
      Play with my webcams and lights here
    14. Re:Ready 1...2...3... Rush to judgement. by jjohnson · · Score: 4, Informative

      Jurors watched complete video of the entire incident. In interviews afterwards, they said the border guards acted like assholes, but Watts was guilty of the law as explained to them.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    15. Re:Ready 1...2...3... Rush to judgement. by Fnkmaster · · Score: 2, Informative

      His blog entry seems to suggest that the question the jury considered was whether his failure to comply with a command was sufficient to warrant his conviction. In other words, the issue wasn't who slugged whom first, because it was conceded that the border guard hit him in the face first. The issue was after that, he failed to comply with the border guard's order promptly and that was what he was convicted for, not for assaulting the border guard, which was disproven in court.

      If his account is honest, it seems like something of a travesty of our legal system. If you are punched in the face by a border guard, how can YOU be the one who committed an assault? I still doubt slightly whether his account leaves something out of what went on in court.

    16. Re:Ready 1...2...3... Rush to judgement. by Doctor_Jest · · Score: 5, Insightful

      That's always the problem in these sorts of things, because there is always going to be more than a "stink" if you scuffle with officers, even if they're being assholes.

      I remember one 4th of July night I was stopped by a State Trooper and I immediately was required to step out of the vehicle. If I had been a dick, I probably would've been in jail for a few days. They were looking for a vehicle like mine, and when they found it wasn't mine, I got a "warning" of going over 60. The officer looked in the bed of my truck (it was a Red truck, go figure) and I must've stood on the side of the highway for oh, 20 or so minutes while they conferred and other nonsense. It was bullshit, and they knew it... but other than me having to stand on the side of the road, it was just an inconvenience. (They never asked to search inside the vehicle...)

      Moral of the story: Most cops are okay... but there are dicks and bitches in uniform. Getting frisky with them will do nothing but make more trouble for YOU, and the dipshits in uniform will continue to be dipshits. It's best to handle this from outside the incidents in question, rather than escalating an already asinine situation. I'm not saying that Watts was right or wrong... just the circumstances of "penises with badges" always end in disaster for the victim if they escalate it. *shrug* I don't have a perfect answer for the problem either.

      --
      It's the Stay-Puft Marshmallow Man.
    17. Re:Ready 1...2...3... Rush to judgement. by amiga3D · · Score: 2, Informative

      Basically the law says they can treat you any way they like and your only options are to sue them later.

    18. Re:Ready 1...2...3... Rush to judgement. by jjohnson · · Score: 3, Insightful

      Within reason, pretty much. If they'd pulled out their guns and shot Watts, they'd be in big trouble. But there's no law that says police have to be polite or even understanding.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    19. Re:Ready 1...2...3... Rush to judgement. by shogun · · Score: 1

      Jurors watched complete video of the entire incident. In interviews afterwards, they said the border guards acted like assholes, but Watts was guilty of the law as explained to them.

      I assume Jury Nullification wasn't explained to them however.

    20. Re:Ready 1...2...3... Rush to judgement. by russotto · · Score: 1

      His blog entry seems to suggest that the question the jury considered was whether his failure to comply with a command was sufficient to warrant his conviction.

      No, the jury was TOLD that his failure to comply with a command was sufficient to warrant his conviction. They were only asked to decide whether or not he was to fail to comply. There ain't no justice.

    21. Re:Ready 1...2...3... Rush to judgement. by jjohnson · · Score: 5, Informative

      Jury nullification can't be explained to them. A defense attorney who tries to argue it gets an immediate mistrial.

      FYI, if you're ever on an (American) jury, you can't argue for nullification there, either. A juror who argues to nullify gives grounds to the judge to set aside the verdict. If you're going to nullify, you just keep saying "I'm not convinced by the prosecution's case." Jury nullification exists only insofar as, if the jury says "not guilty" (and holds that the prosecution didn't prove its case), the prosecution can't try the accused again. As an explicit jury right, it doesn't exist, notwithstanding the arguments of libertarians. It's an implicit tactic only.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    22. Re:Ready 1...2...3... Rush to judgement. by spun · · Score: 4, Insightful

      There should be such a law. In fact, I think police officers should be required to be in counseling while in active, non-desk service. For their sake as well as our own: constantly experiencing the underbelly of society can turn anyone into an asshole.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    23. Re:Ready 1...2...3... Rush to judgement. by mfnickster · · Score: 4, Funny

      There should be such a law. In fact, I think police officers should be required to be in counseling while in active, non-desk service. For their sake as well as our own: constantly experiencing the underbelly of society can turn anyone into an asshole.

      Great idea! The government can pass another stimulus bill with more borrowed money to hire all the currently unemployed as counselors.

      When the seedy underbelly infects the cops, the counselors will be there to listen. Then the counselors will get infected. They will return home to their wives, husbands, and kids as assholes. The kids will bring the assholishness to school. A huge effort will be undertaken to find a vaccine before it's too late, until the worst-case scenario comes to pass: the ENTIRE USA becomes a nation of assholes in just under 3 months.

      Then Charlton Heston comes back from the grave to fight the asshole hordes from a boarded-up house and a 1970 Ford Mustang.

      --
      "Slow down, Cowboy! It has been 3 years, 7 months and 26 days since you last successfully posted a comment."
    24. Re:Ready 1...2...3... Rush to judgement. by migla · · Score: 1

      Amen, brother! But I fear counseling is not enough. I'm inclined to believe that police officers start off with a bias of being bullies against misfits, statistically speaking. I fear that there's something fundamentally wrong with the underlying system.

      --
      Some of my favourite people are from th US; Vonnegut, Chomsky, Bill Hicks.
    25. Re:Ready 1...2...3... Rush to judgement. by narcberry · · Score: 3, Interesting

      Not just pretty much, it's very much that way. Even if a police officer opens fire on you, your legal options are still to comply and then fight it out in court later.

      Police authority is pretty awesome, and something most citizens should be very mindful of.

      --
      Modding me -1 troll doesn't make me wrong.
    26. Re:Ready 1...2...3... Rush to judgement. by digitalunity · · Score: 1

      It saddens me that our founding fathers didn't think to make jury nullification a constitutional right. Laws are only as good as the fair application of them.

      The last bastion of the publics ability to protect itself from criminal code gone awry should be the jury. A perfect example would be kids getting prosecuted for child porn over sexting, or that kid who got 5 years in the slammer for getting a BJ from a girl just under the legal limit. Juries should have an absolute right to say that the law is being applied wrong or that it is unjust.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    27. Re:Ready 1...2...3... Rush to judgement. by mfnickster · · Score: 4, Funny

      To the mod who marked my joke "Flamebait" : I see you have already been infected!

      --
      "Slow down, Cowboy! It has been 3 years, 7 months and 26 days since you last successfully posted a comment."
    28. Re:Ready 1...2...3... Rush to judgement. by Anonymous Coward · · Score: 0

      But there's no law that says police have to be polite or even understanding.

      why ? they have been given huge powers, when compared to normal people. they just haven't grown up to responsibly use those powers - and probably never will, so higher behaviour standards could help.

    29. Re:Ready 1...2...3... Rush to judgement. by pitchpipe · · Score: 1

      Oddly, a grand jury found reason enough to charge, and a second criminal jury found reason enough to convict.

      Oddly, not all laws are just.

      --
      Look where all this talking got us, baby.
    30. Re:Ready 1...2...3... Rush to judgement. by Anonymous Coward · · Score: 0

      Odd... the U.S. "justice" system has been fatally flawed for some time. Odd.

    31. Re:Ready 1...2...3... Rush to judgement. by Ethanol-fueled · · Score: 5, Insightful

      DHS ICE/TSA/BP are not cops(police officers) who are concerned about their rapport with the communities in which they serve.

      They are glorified thug security guards given license to threaten, intimidate, bully, harass average joes in the name of "national security." I know because I deal with those assholes and their checkpoints on a regular basis. It's a staring contest, and if you lose, you get pulled to the side while agents interrogate you and rummage through your vehicle, often with dogs. That's not even counting the false positives when they bring out the dogs to begin with. And if you don't think that's a problem then try explaining to your boss who saw the dogs pawing at your car before you were pulled over to secondary and yanked out of your car humiliated.

      Those of you Southern California folks know exactly what I'm talking about if you've driven through the I-8 checkpoint in the mountains outside of Pine Valley. First, you drive past a sign that says "Terrorist threat level - Yellow", then you drive past another sign that says "keeping America Safe - X pounds of drugs confiscated, X citations issued, X illegal immigrants detained, X DUIs referred to CHP, etc."

    32. Re:Ready 1...2...3... Rush to judgement. by rdnetto · · Score: 1

      There is another theory that states that the above has already happened.

      --
      Most human behaviour can be explained in terms of identity.
    33. Re:Ready 1...2...3... Rush to judgement. by Maxo-Texas · · Score: 4, Informative

      This is why we have jury nullification and why the correct answer to "Do you believe in jury nullfication?" is "no, I do not".

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    34. Re:Ready 1...2...3... Rush to judgement. by bhtooefr · · Score: 1

      Except it's not the last defense.

      We've gone through soap, ballot, and jury.

      Pretty sure there's still one box, and that one's even stated as a constitutional right.

    35. Re:Ready 1...2...3... Rush to judgement. by Maxo-Texas · · Score: 1

      It was accepted by the court systems as obvious for over 100 years. They didn't see the need to write it in.

      Just like they didn't see the need to write in a prohibition on taking your property and giving it to developers for increased tax revenues.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    36. Re:Ready 1...2...3... Rush to judgement. by ImYourVirus · · Score: 1

      You got that backwards, always facing an asshole cop can turn anyone to the underbelly of society.

      Fuck that makes no sense, but I'm nice as can be to cops and they are always douche bags, end of story.

      --
      Why is common sense called that if it's not common?
    37. Re:Ready 1...2...3... Rush to judgement. by ajs · · Score: 1

      From the author in question's recent blog post:

      It was shown, without resistance. The Prosecution originally wanted to show their own version (slowed down and with the timestamp edited out), but we ended up all agreeing to show the raw data instead. It was useful for establishing entrances and exits — and we had a PI on the stand who’d developed a forensic timeline, establishing that I was out of the car for less than 20 seconds total (things started getting physical at around the 10-12 second mark). But the footage was grainy and distant and frequently blocked by intervening semis passing through. It was not definitive.

      As best I can tell from the jurors who have commented since, it came down to a simple question: did he, after being hit, seemingly only for having stepped out of his car and asked why he was being searched, comply with the demand that he get down on the ground. The answer was: no, he did not. Case closed, conviction handed down.

      He's right that the law is awfully broad, here, and I agree with him that the law is likely to be shot down in the near future, but the jury really had little choice but to convict. I hope the sentencing is light on him, and I expect it probably will be.

    38. Re:Ready 1...2...3... Rush to judgement. by erroneus · · Score: 3, Informative

      Actually, when law is bad, the jury can rule that it was bad law. A Jury is not required to convict someone when the application of the law is inappropriate. I know, no one tells us that, but it's true. Conscience is indeed a factor when a jury renders a decision. If steeling a jelly doughnut were somehow punishable by death and the person were on trial for the crime, I simply couldn't convict someone of that crime... unless I hated him for some other reason.

    39. Re:Ready 1...2...3... Rush to judgement. by gknoy · · Score: 1

      Assault being a felony, I think that the sentence will be more than is warranted. I do hope he gets as light a sentence as possible.

    40. Re:Ready 1...2...3... Rush to judgement. by gknoy · · Score: 1

      Whoops! That's what I get for reading the whole thread (or article!). Apparently, it wasn't a felony charge? In that case, much of my indignation is diminished, though I still feel he got screwed.

    41. Re:Ready 1...2...3... Rush to judgement. by Jeremi · · Score: 2, Interesting

      This is why we have jury nullification and why the correct answer to "Do you believe in jury nullfication?" is "no, I do not".

      Actually the best answer is "Sorry, I don't follow you. What do you mean by 'jury nullification'?"

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    42. Re:Ready 1...2...3... Rush to judgement. by Jeremi · · Score: 1

      Pretty sure there's still one box, and that one's even stated as a constitutional right.

      I love thinly-veiled allusions to violent rebellion as much as the next guy, but frankly your ammo box isn't going to do anyone much good when your opponent is armed with freaking nuclear weapons. Call me cynical.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    43. Re:Ready 1...2...3... Rush to judgement. by AK+Marc · · Score: 1

      As best I can tell from the jurors who have commented since, it came down to a simple question: did he, after being hit, seemingly only for having stepped out of his car and asked why he was being searched, comply with the demand that he get down on the ground. The answer was: no, he did not. Case closed, conviction handed down.

      After an unusual stop (exit stops are very rare) and conflicting orders (get in the car, get out of the car) he became confused, and complied with all orders within seconds. However, failure to comply within some unknown number of seconds carries the same penalties as if he attacked an officer. He was convicted of complying with an order too slowly.

    44. Re:Ready 1...2...3... Rush to judgement. by digitalunity · · Score: 1

      Agreed. With a really large national guard in every state as well as a huge military, a forceful insurrection has been impossible for many decades.

      The only insurrection that could be possible now is a coup by the military itself. There is no number of gun toting NRA members that could topple the government. Shouting from the rooftops that a militia is needed to protect the citizens from the government is just asinine.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    45. Re:Ready 1...2...3... Rush to judgement. by Vlado · · Score: 1

      While there might be no law regarding that, in some countries, there are internal guidelines that require police officers to behave politely.

      Specifically in Slovenian "codex of police ethics" there's a section that states that: "....within the scope of their work they should have a professional and polite attitude towards people..."

      It's of course a different story if such guidelines are actually obeyed, but it's a start.

    46. Re:Ready 1...2...3... Rush to judgement. by JamesP · · Score: 1

      He's right that the law is awfully broad, here, and I agree with him that the law is likely to be shot down in the near future, but the jury really had little choice but to convict. I hope the sentencing is light on him, and I expect it probably will be.

      Now, here's the real question. If the case is so clear, why put it throug a jury.

      Also, if you're a juror you have the power to change things. The worse the judge can do is turn your findings out.

      --
      how long until /. fixes commenting on Chrome?
    47. Re:Ready 1...2...3... Rush to judgement. by MRe_nl · · Score: 1

      "whenever it's the word of the police versus the word of the person accused of a crime, the accused loses.In most jurisdictions in the US, judges and juries tend to believe the cops".

      So what you're implying is, that in the United States, accused, falsely or not, by a police officer, you're best chance of remaining free is killing the officer and trying to get away with it, and you might as well be a criminal because you're damned if you do and damned if you don't?

      --
      "Kill 'em all and let Root sort 'em out"
    48. Re:Ready 1...2...3... Rush to judgement. by Thiez · · Score: 1

      Now I finally understand why they like the whole gun ownership thing :p

    49. Re:Ready 1...2...3... Rush to judgement. by spun · · Score: 1

      So you're saying we're putting the loser dregs of society on our borders to fling poo at random strangers as they pass? Why am I not surprised.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    50. Re:Ready 1...2...3... Rush to judgement. by spun · · Score: 1

      We should have tougher psychological entrance screening, too. A society that lets bullies into its police force isn't safe or free.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    51. Re:Ready 1...2...3... Rush to judgement. by spun · · Score: 1

      Beat me to it.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    52. Re:Ready 1...2...3... Rush to judgement. by spun · · Score: 1

      They understood the problem. I don't think their proposed solution was all that practical, though.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    53. Re:Ready 1...2...3... Rush to judgement. by bhtooefr · · Score: 1

      Arguably, the second amendment's intent was to allow nuclear weapons to be owned by the populace.

      That is, to allow the populace to own what's needed to fight the government. If it's nukes, it's nukes.

      Now, I actually think the correct answer is to create a shadow party within both the Republican and Democratic parties, get the shadow party to power, keep them in power for long enough to get all three branches of government controlled completely (presidency, 2/3 of both House and Senate, and majority in Supreme Court,) and then reveal their true allegiance once the shadow party is in power.

    54. Re:Ready 1...2...3... Rush to judgement. by Maxo-Texas · · Score: 1

      Oh! I like that one.

      However, being cheeky will get you in trouble very quickly so be careful. Judges are usually little tin martinets who demand absolute respect or they'll stick it up your ass.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    55. Re:Ready 1...2...3... Rush to judgement. by Anonymous Coward · · Score: 0

      The text below should be in ALL CAPS. The mentecapt phylther, though, will not abide with any sign of non-conformity.
      screwe themn then
      And, for youre divertissement :

       

      ... O B E Y ... C O N F O R M ... R E P R O D U C E ... D O N O T Q U E S T I O N A U T H O R I T Y ...

      [Repeptitive Muted Foghorn Sound]

    56. Re:Ready 1...2...3... Rush to judgement. by Maxo-Texas · · Score: 1

      Too late!

      http://www.youtube.com/watch?v=gl2NKZtl07c

      I'm just a regular joe with a regular job...

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    57. Re:Ready 1...2...3... Rush to judgement. by Anonymous Coward · · Score: 1, Insightful

      That's why the only solution is to kill all cops. It's that simple. Open fire as soon as you see one with your eyes. Don't let a single one get away.

    58. Re:Ready 1...2...3... Rush to judgement. by julesh · · Score: 1

      Oddly, a grand jury found reason enough to charge, and a second criminal jury found reason enough to convict.

      A member of the criminal jury commented on their reasoning on one of the newspaper articles. Essentially, the way the law is written you must comply with any instruction issued *immediately*. Watts didn't do this, instead asking why the instruction had been issued. The jury therefore felt the law had been violated, and it's kind-of hard to blame them on this one. The problem is that the law is totally stupid.

    59. Re:Ready 1...2...3... Rush to judgement. by Jeremi · · Score: 1

      Arguably, the second amendment's intent was to allow nuclear weapons to be owned by the populace.

      No, I don't think that's arguable at all. For the founders to have any intent (one way or the other) regarding the appropriate role of nuclear weapons, they would have needed to have at least some idea what nuclear weapons are. But since the founding documents were drawn up hundreds of years before even the idea of nuclear weapons existed, they couldn't possibly have anticipated them. You could certainly speculate as to what the founders' intentions would have been had they known about nuclear weapons, but that's pretty hazy territory and more likely to work against your position than for it. (e.g. "A single person with one of these weapons could kill a million other people in an instant? Geez, maybe we'd better leave the 2nd Amendment out of the Bill of Rights after all... or at least limit the types of weapons that are covered!" -- hypothetical Thomas Jefferson)

      That is, to allow the populace to own what's needed to fight the government. If it's nukes, it's nukes.

      That sounds noble in theory, but "winning the war against government tyranny" would be a pretty hollow victory if you reduce most of the nation to an unlivable radioactive wasteland in the process. There has to be a better solution than that (and of course, there is -- change through peaceful democratic reform, not armed conflict)

      Now, I actually think the correct answer is to create a shadow party within both the Republican and Democratic parties, get the shadow party to power, keep them in power for long enough to get all three branches of government controlled completely (presidency, 2/3 of both House and Senate, and majority in Supreme Court,) and then reveal their true allegiance once the shadow party is in power.

      That sounds suspiciously like a coup. If the "shadow party" has popular support, why does it need to stay "in the shadows" until after it seizes power? And if it doesn't have popular support, then what makes it any more legitimate than the government it is trying to replace?

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    60. Re:Ready 1...2...3... Rush to judgement. by Jeremi · · Score: 1

      However, being cheeky will get you in trouble very quickly so be careful.

      Quite right (well, it will get you kicked out of the jury pool very quickly; which might be a good thing, depending on your goals). So the trick is to ask the question with a completely straight face.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    61. Re:Ready 1...2...3... Rush to judgement. by Tycho · · Score: 1

      In any case, I am not aware of any successful historical violent insurrection that afterward didn't end up with immediate results that were suboptimal. The Continental Congress formed after the American Revolutionary War was weak and nearly useless. It was also on its way to collapse and leading towards a civil war. Fortunately, the current Constitution was written with an effective central government. The results in this case are the exception rather than the rule. The French Revolution, the Khmer Rouge, and the actual American Civil War are more likely results from a violent insurrection. Theoretical NRA members trying a rebellion today would be more delusional than the southerners who attempted to secede. At least the Confederacy had a decent supply of small arms and some heavy weapons. The Confederacy had little industrial capacity, unlike the Union which had a massive amount and with the effective Union blockade able to prevent imports to the Confederacy, the Civil War's outcome was assured before it began.

      By contrast, a poorly regulated militia today would have all sorts of different weapons with no common parts making logistics a nightmare. They would have no meaning no aircraft, no tanks, and no armored off-road vehicles. Worse, they would have no way to produce or obtain more equipment. After a winter or two in the freezing cold and after losing all engagements, I would imagine a warm bed in prison might not sound so bad.

      --
      Impersonating Tycho from Penny Arcade since before there was a PA.
    62. Re:Ready 1...2...3... Rush to judgement. by bhtooefr · · Score: 1

      Because the government it's trying to replace (or, rather, the parties that completely control the government) has control over the media, and the populace won't know about them, due to that control.

      If the media does cover them, they'll interview the craziest supporter, and be painted as a bunch of crazies that want to destroy America or something.

      Even if they get decent media coverage, people still will think that it's safest to vote against the party that they feel will actually destroy America, rather than for the third party, because voting for third parties is "throwing your vote away" - no accident on the part of the Democrats and Republicans, they want the differences between them to look larger than they actually are.

    63. Re:Ready 1...2...3... Rush to judgement. by Jeremi · · Score: 1

      Even if they get decent media coverage, people still will think that it's safest to vote against the party that they feel will actually destroy America, rather than for the third party, because voting for third parties is "throwing your vote away" - no accident on the part of the Democrats and Republicans, they want the differences between them to look larger than they actually are.

      Okay, agreed that the media is usually unfair and manipulated by the people currently in power, and agreed that people will often avoid voting third party for various reasons, and that it is therefore very difficult for a third party to win political power. But isn't it nevertheless the peoples' right to vote for the politicians they choose, even if (in your view) they make that choice poorly? I don't think surreptitiously sneaking a third party into power without the knowledge or approval of the voting public is in keeping with either the letter or the spirit of democracy.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    64. Re:Ready 1...2...3... Rush to judgement. by Mr.+Slippery · · Score: 1

      Even if a police officer opens fire on you, your legal options are still to comply and then fight it out in court later.

      Actually there is legal precedent that you have the right to defend yourself against unlawful arrest. Read up on John Bad Elk v. United States, which upheld the common law idea that "If the officer had no right to arrest, the other party might resist the illegal attempt to arrest him, using no more force than was absolutely necessary to repel the assault constituting the attempt to arrest."

      Given our contemporary police state (mostly-benign, at least to the middle class, as it might be). I wouldn't necessarily expect this right to be recognized today -- some states have legislated against it, but whether such legislation would stand a Constitutional test, I dunno, IANAL, etc.

      Of course, if some crazed cop has opened fire on me, I suppose my choices would be to wait around until he hits me, run away, or shoot back. If running away were not possible or safe, I'd have to say shooting back and hoping I survive to argue about it in court would probably be a better choice than waiting to take a bullet.

      Police authority is pretty awesome

      Police have power, what with guns and clubs and radios for calling other people with guns and clubs. But no person has any more authority over you than you choose to grant them.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    65. Re:Ready 1...2...3... Rush to judgement. by bhtooefr · · Score: 1

      What if that party exists solely to institute election systems that are harder to game, so that third parties are viable?

      Besides, it's not like the Democrats and Republicans haven't effectively snuck people into power, too.

  2. panem et circenses by Anonymous Coward · · Score: 0

    Meh, we make fun of how the unwashed masses adore their idols, yet we are the same. Or are we? Someone write something slashdot-worthy, a meta piece about this human fallibility perhaps?

  3. yey by Anonymous Coward · · Score: 0

    'Suspect appeared angry. We then sprayed him. Because of the tumultous situation we cannot guarantee that this was the exact sequence of events.'

    1. Re:yey by tomhudson · · Score: 3, Interesting

      He was told to get back into his car. This is SOP. He refused.

      This is the same procedure Canadian police use during a traffic stop. When you're pulled over, you're supposed to wait in your car. If you get out, you are told to get back into your vehicle. If you refuse, you have disobeyed a lawful order, end of story.

      He admitted he got out of the car, and didn't get back in it when he was told to, instead trying to see what the police were doing when they were searching hit trunk (a legal search, btw). So he was also interfering with a police search.

      The guy's a jerk and gives Canadians a bad name. If he had done this in Canada, he'd still have ended up in court, so what's the big deal? Oh, right - AMERIKA BAD!

      I make enough "In Soviet Amerika" jokes, but in that case, it simply doesn't apply. Peter Watts has only Peter Watts to blame.

    2. Re:yey by rpresser · · Score: 3, Insightful

      The evil part, which you have glossed over, is that disobeying a lawful order (which he did, stipulated) should NOT equate to felony assault (which is what he was accused and convicted of). That it does, at least in Michigan, is a woeful misstep in legislation and jurisprudence, and a shameful blot on the soul of every American, including me.

    3. Re:yey by Will+Sargent · · Score: 4, Insightful

      He was told to get back into his car after the officer had just punched him in the face.

      It doesn't surprise me that he'd be confused and disoriented, or that he'd be slow to comply. Try punching someone in the face some time. It hurts.

      The really sad bit is that under these laws, you could not only punch someone in the face, you could pepper spray them, kick them in the nuts while they were down, and then tell them you wanted them to stand up and empty out your pockets. Don't do it because you're screaming and in pain, or trying to run away? You're committing a crime.

    4. Re:yey by Anonymous Coward · · Score: 0

      If you refuse, you have disobeyed a lawful order, end of story.

      Lawful order, schmawful order. Pigs is pigs no matter the country.

    5. Re:yey by tomhudson · · Score: 3, Informative

      The CBC story is wrong - Watts was NOT convicted of assault.

      Robert B. Marks wrote:Posted 2010/03/20
      at 12:50 AM ET

      Well, a bit of perspective here...

      First of all, some jurors have weighed in on Watts' case on some blogs here and there (including Watts' own). Watts was convicted of failing to obey a lawful order - he wasn't convicted of assault. Now, the jurors themselves said that the guard in question overreacted and failed to communicate properly. They also said that two wrongs don't make a right.

      Second, that statute about lawful orders is there for a reason. Most of the people who try to cross the border are law-abiding folk. Some, however, are packing, and dangerous, and while a slight hesitation to get out of a car is usually just somebody not quite understanding, there are times when it's somebody taking the safety off a gun. The law empowers officers to move quickly in a case like that - and sometimes they make mistakes, and sometimes they abuse it. But, it is an empowerment that can save lives in certain situations.

      Third, as the comments from the jurors and Watts' own account on his blog state, the assault aspect was blown out of the water. So, there is still the sentencing phase to come, and it could very well be that Watts is sentenced to time already served, or a minor slap on the wrist, and the matter is done. The trial is not over yet.

      Finally, even if the judge turns out to be unreasonable in the sentencing phase, there is the right to appeal, which is there specifically to prevent miscarriages of justice. There may even be an opportunity for Watts to pursue civil damages against the guard who assaulted him.

      So, this isn't a case of authority going unchecked, or a massive civil rights scandal - it's a tragic case with an overreaction from a border guard and a failure by Watts to obey a guard's order. And the process is not over yet.

      So don't worry, this isn't a blot on your soul, and as a Canadian I can say we still love you all, and hope for the best for you, and apologize for Mr. Watts being a self-righteous jerk who feels he can give less deference to American police than he'd have to show to Canadian police and then whine about "mistreatment" because of the possible bad optics.

      Courtesy begats courtesy. It doesn't cost anything to be polite, especially when you're a guest in another country.

    6. Re:yey by tomhudson · · Score: 0, Troll

      No, he was told to get back in his car, twice. He refused. At that point, they tried to arrest him, he got into his car (too late Chuckles), yadda yadda yadda.

      He was given two chances to comply. It was only when they went to cuff him that he "obeyed." And the story is wrong - he was not convicted of assault, just disobeying a lawful order.

    7. Re:yey by tomhudson · · Score: 0, Redundant

      He was stopped - legally. He got out of the car. He was told to get back into the car, which is standard procedure for police even in his home town. H refused. He was told a second time, and again didn't comply. So the officer went to arrest him, and THEN he gets back in his car. Sorry, too late!

      Ontario cops would have the right to do the same thing.

      Also, the story is wrong - he was not convicted of assault, just disobeying a lawful order.

    8. Re:yey by Anonymous Coward · · Score: 0

      as for the system, violence is justified

    9. Re:yey by Bartab · · Score: 1

      He was told to get back into his car after the officer had just punched him in the face.

      I can't even imagine where this timeline of events was created. Probably in your head. It doesn't appear in any credible news source.

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
    10. Re:yey by Anonymous Coward · · Score: 1, Informative

      Who the hell modded this bullshit up? None of what you said has anything to do with what happened. I'm sick of border guard astroturfers like you evrywhere this comes up.
      He was beaten and then told to lie on the ground, not get back in his car. When he asked what's going on, _after being beaten up_, maced. He was convicted for not complying with the order to lie down after being beaten, not assault.

    11. Re:yey by MichaelSmith · · Score: 1

      So presumably sentencing is still in the future, with the two year jail term a potential outcome.

    12. Re:yey by Anonymous Coward · · Score: 2, Informative

      >He was told to get back into his car after the officer had just punched him in the face.

      Em, no, that is incorrect. After being repeatedly struck in the face, he was told to lie down, and when he asked what is going on (and presumably why he was just beaten up by the border guard), maced. He was convicted of failing to comply with the order to lie down after being beaten up without any kind of prelude or communication prior to the beating. Not assault.

    13. Re:yey by tomhudson · · Score: 1

      No, he was convicted on the original order to get INTO his car. BTW, contrary to the article, he was not convicted of assault.

    14. Re:yey by MichaelSmith · · Score: 1

      He was told to get back into his car. This is SOP.

      As an Australian this doesn't make sense to me. If a cop here told me to get in my car I would assume I was good to go, which doesn't appear to be the case here.

    15. Re:yey by tomhudson · · Score: 1

      That's right. Sentencing is April 26th.

      He could get anything from an absolute discharge to 2 years.

    16. Re:yey by Anonymous Coward · · Score: 2, Informative

      >No, he was told to get back in his car, twice. He refused. At that point, they tried to arrest him, he got into his car (too late Chuckles), yadda yadda yadda.

      For fuck's sake, for the last time, you fucking idiot astroturfer, no.

      He went back into the car when told to. Another officer then ran to the car, opened the door of the car, punched Watts repeatedly in the face, and dragged Watts out of the car. What he did not comply with is lie down on the ground after being beaten up like that.

    17. Re:yey by daranz · · Score: 1

      He was told to get in his car because he was never supposed to exit it. In the US (and I presume, Canada too) it is common practice for the driver to remain in the vehicle if stopped by the police.

      --
      This is a sig. It is appended to the end of comments I post.
    18. Re:yey by Will+Sargent · · Score: 3, Informative

      He was told to get back into his car after the officer had just punched him in the face.

      I can't even imagine where this timeline of events was created. Probably in your head. It doesn't appear in any credible news source.

      Ah crap. The command was to lie down on the ground, not to get back in the car.

      As for the source, it's direct from Dr. Watts himself:

      "So what it came down to, ultimately, was those moments after I was repeatedly struck in the face by Beaudry (an event not in dispute, incidentally). After Beaudry had finished whaling on me in the car, and stepped outside, and ordered me out of the vehicle; after I’d complied with that, and was standing motionless beside the car, and Beaudry told me to get on the ground — I just stood there, saying “What is the problem?”, just before Beaudry maced me.

      And that, said the Prosecutor in her final remarks — that, right there, was failure to comply. That was enough to convict."

    19. Re:yey by theolein · · Score: 1

      He got out of the car after being hit in the face THEN he asked what was happening and refused to get back in. Great going. You can't even read, Is that SOP as well?

    20. Re:yey by jimrthy · · Score: 2, Informative

      According to a juror, when he did get into the car, another officer joined him, punched him in the face, and told him to get back out. He was trying to clarify conflicting orders. Even in the military, that's a get-out-of-jail free card.

      Besides, why have we (Americans...I couldn't care less about how Canucks want to kowtow) let The Powers That Be that we let them push us around like this in the first place. Compliance laws are just another way for our Lords and Masters to deal with unruly serfs who don't submit quickly enough.

    21. Re:yey by b4upoo · · Score: 1

      This is more of an issue than it appears to be. In the US there is a distinct problem with different ethnic groups behavior when they are given a command. Very few people demonstrate total, docile compliance and some groups tend to talk with their hands or walk about while expressing anger. To some extent we do have the right to expect all people to respond in very limited ways to authorities. But having said that we end up arresting and charging certain races a lot more than others when only the moment of the interview is at issue.
                              The sick part is the remedy is a disease. When someone is arrested and convicted society almost always suffers a great loss of tax dollars. I wonder how many people we can afford to convict.

    22. Re:yey by Maestro4k · · Score: 1

      So don't worry, this isn't a blot on your soul, and as a Canadian I can say we still love you all, and hope for the best for you, and apologize for Mr. Watts being a self-righteous jerk who feels he can give less deference to American police than he'd have to show to Canadian police and then whine about "mistreatment" because of the possible bad optics.

      See this post. I'd hope he would complain about "mistreatment" by Canadian police under the same circumstances. While he was convicted of obstructing/resisting the officers, he never attempted to physically assault them (but they sure did accuse him of it, although that apparently fell apart under cross-examination). Are you saying it's normal for Canadian officers to, essentially, physically assault suspects just because they're on a power trip or something? No one can possibly claim that this was a justified escalation of force against Watts. Since when is it even normal procedure to punch people in the face when telling them to get out of their car?

      So I see it like this, technically Watts did break the law he was convicted of, but the officers in question are largely to blame for the situation getting to the point where he broke that law, and they in no way acted properly. They acted like power happy bullies, and I hope Watts brings a civil suit against them. They either need to be fired or taught how to do their jobs properly.

    23. Re:yey by rpresser · · Score: 1

      http://www.stclaircounty.org/DCS/search.aspx

      Last name: watts
      First name: Peter

      Search results: 2 records
      (click on first record)

      (click on Charges)

      Num Type Charge (Pacc) Asc/Trf Charge Description Offense Date Dsp Evt
          1 ORG 750.81D1 POLICE OFFICER-ASSAULT 12/8/2009 GTY JTH

      See? Dsp = Disposition, GTY = Guilty.

      It doesn't matter what the reasoning was ... it's a felony conviction that carries the name of assault on a police officer.

    24. Re:yey by tomhudson · · Score: 1
      Can you read?

      Jones said that the officers ordered Watts back into the vehicle, and when he refused, they tried to handcuff him. He said a scuffle ensued in which Watts choked one of the officers, and an officer used pepper spray to subdue him.

      The ONLY person who is saying it's about the second order is Watts - and he contradicts his own statements made just after the incident. He admits he didn't get back into the car when ordered to. He's trying to use the ensuing problems as a smoke-screen, because he can't admit that he brought this on himself.

    25. Re:yey by tomhudson · · Score: 0, Troll
      He admitted that he didn't obey the ORIGINAL order to get back into his car. Twice. The guy was acting like a jerk, and he made the mistake of running into an even bigger jerk who happened to have bot the law and video proof on his side.

      It's not a question of who said what ... the jurors saw the video. They convicted. End of story.

    26. Re:yey by NEW22 · · Score: 1

      You are quick to support assault, so long as the assailant wears a badge. You really think the best option for the guards was to hop into his vehicle and slug him in the face? Then when he exited the vehicle the 2nd time at their request, he is told to get down and he is under arrest, he asks why (apparently a big no no in your book), and so is pepper sprayed and threatened with a baton. You say he is a jerk. You say he is to blame for his own victimization. I mean, let's boil this down, looking at everyone as equal people deserving of respect and not making one person more important that another. In a situation that doesn't involve police or guards, usually the person who throws the 1st punch is the villain. What makes this situation different? They have a job that requires them to look through some cars. They don't want him out of his car while they do this. Apparently there is an argument. Eventually he gets back in his car. That should have been the end of it. But, in your opinion, no, the guy being upset was obstruction, so now its time to get rough with him.

      I say no, don't get rough with him, because getting rough with people unnecessarily is a huge evil. What was so critical about that situation to justify physical assault?

    27. Re:yey by tomhudson · · Score: 1

      There may be some truth in that, but when you get a drivers license, you're supposed to know how to behave behind the wheel of a car. The rules for when you're stopped by the police are the same in Watt's home province (Ontario), so there's no "I didn't know" excuse.

      Similarly, when you enter a country, you're a guest, and you should behave like one. Don't go into their home and piss on the carpets. (That's a famous quote: recognize the reference?)

      When the cops pull you over and tell you to get back in your car (twice) while they (lawfully) search your trunk, they've already told you one time more than they have to. Some people are ass-holes: they mistake being given a second chance as a sign of weakness, rather than the warning growl that precedes the bite.

    28. Re:yey by Hurricane78 · · Score: 1

      So now people call you a jerk, if you not succumb to the big OBEY signs?

      Fuck you!

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    29. Re:yey by tomhudson · · Score: 1

      Assault has nothing to do with physical contact. That's battery. Also, he was convicted of failing to obey a lawful order, not assault.

      He's lucky it was in the US and not Canada.

      Also, Watts was the one who started it by refusing, twice, to get back into his car while they were initially attempting to search his trunk. If he had done as he was told, none of this would have happened. This is the same procedure in Watt's home province of Ontario at a traffic stop by the cops. You stay in your car while they do what they have to do, whether it's searching the trunk or running your ID.

    30. Re:yey by jimrthy · · Score: 2, Insightful

      They shouldn't have convicted. If even one of them had understood jury nullification, they wouldn't have (or, at best, they'd have gotten a hung jury): at least one person claiming to be one of the jurors has posted on here that he wished he hadn't had to convict, and that he'd had the chance to try the cops. Acting like a jerk isn't justification for assault and battery (which is what the cops did to him).

      The law is wrong. It is abusive, vague, and tyrannical. Police are supposed to be our servants, not the other way around. This case should have been nullified.

      All that being said, he was really lucky to get out of an encounter like that alive. I read for too many stories about victims who were murdered by cops because they weren't respectful enough. Of course, those shootings get reviewed (by fellow cops) and are always found "justified."

      Cops have gotten worse than the criminals they're supposed to be protecting us from.

    31. Re:yey by rpresser · · Score: 2, Interesting

      Having just read Dr. Watt's latest post I'll stipulate that the conviction was not on the original charge. But the docket is most confusing.

    32. Re:yey by Anonymous Coward · · Score: 0

      Nothing like, oh, controversy in action? He said, vs. the other guy said?

      My god, it's almost like there's a sufficiently confusing situation that they had to take it to court to work out what the truth was, and even then, there's a functional controversy about how the actual events should be treated, from a legal perspective!

      I don't know this Watts bloke. I wasn't there (and I assume neither were you). Maybe getting so aerated is a waste of everybody's time and energy? To be fair, if being an asshole should get you convicted by the police, then you're extremely lucky that Slashdot doesn't have an equally efficient police force - because I don't really care who's right or who's wrong in this one, but given the hysterical nature of your defence, it would seem to be poetic justice if they convicted you too.

    33. Re:yey by innocent_white_lamb · · Score: 1

      Also, Watts was the one who started it by refusing, twice, to get back into his car while they were initially attempting to search his trunk.
       
      Why should I not watch them search my trunk? How do I know that they aren't stealing and/or planting stuff there? If I can see it happen then I can testify to who did what and when; if I just find out after the fact that something has been planted or is missing, I can't testify to who did it, how he did it, etc.

      --
      If you're a zombie and you know it, bite your friend!
    34. Re:yey by Anonymous Coward · · Score: 0

      I'm in the UK and I can assure you it is not free of poor, bad or even abusive policing. What I do note is that
      if I ask a police officer for assistance they call me sir. They are public servents and the majority are actually
      quite nice. Now in the states that seemed to be reversed. For some reason the police expected me to call them sir or madam? Police officer, yes I can handle that. It is thier title. Sir/madam Not going to happen but then you end up with your head planted in a road.

      I must say that the police are really nice when compared to the customs officers you have. Hours waiting and then a quiz as to if I can use an ATM card to get a cab? WTF

    35. Re:yey by tomhudson · · Score: 1

      They have a job that requires them to look through some cars. They don't want him out of his car while they do this. Apparently there is an argument. Eventually he gets back in his car. That should have been the end of it

      Not quite what happened - it was only after they went to arrest him, after he had been told, twice, to get back into his car, that he went back into his car. Too late by then. At that point, the decision to arrest has already been made, and it's "get out of the car and get the cuffs on him" time.

      Mom: "Peter, clean up your room now or you can't go out."
      Peter: "No!"
      Mom: "Peter, last chance, clean up your room now or you can't go out."
      Peter: "No!"
      Mom: "Okay, you're grounded. And you still have to clean up your room!"
      Peter: "Okay, I'll clean up my room. Then can I go out?"
      Mom: "No."
      Peter: "That's not fair! You're a big meanie!"

      He could have avoided it by getting back in his car as he was required to do by law, and as is also the practice in his own home city. Instead, he behaved like a snot-nosed little brat.

    36. Re:yey by tomhudson · · Score: 0, Troll

      The jury saw a video of the complete thing. They convicted him after seeing the video. How is that hysterical, except maybe "hysterical-funny" that he thought he could argue his way out of it with it all caught on camera?

      You've got several cops and two other people, all giving contradictory evidence. Then you have a video. The video makes it clear to the jury that Watts was guilty, so they convict, even though they don't like the way the police handled it after they see Watts initial refusal to get into his car, which is what started it all.

    37. Re:yey by tomhudson · · Score: 1, Interesting

      Why should I not watch them search my trunk? How do I know that they aren't stealing and/or planting stuff there? If I can see it happen then I can testify to who did what and when; if I just find out after the fact that something has been planted or is missing, I can't testify to who did it, how he did it, etc.

      How about "You have no legal right to. It's a bridge, they're doing a search, for your own safety and that of everyone else, just stay in your car, and the whole thing is being recorded on camera"

      The jurors convicted after watching the video. That should tell you something.

    38. Re:yey by Falconhell · · Score: 1

      Hey moron, did you not read the jurors description of events AFTER HE SAW the video.

      Your attempt to create a version where these asshole come out looking good is pathetic.

      It seems nothing will convinced you that the guards behaved like total assholes, and should be convicted of assault themselves.

      Typical of the US police it seems from what I read.

      Such behavior by low IQ assholes should not be tolerated

    39. Re:yey by Anonymous Coward · · Score: 0

      Courtesy begats courtesy.

      And discourtesy begets discourtesy. An officer struck him in the face, without cause. Ethically, I'd say he has the right to strike back at that point, whatever the law says. The fact that he didn't strike back means that he's already being more courteous than he needs to be.

    40. Re:yey by drsmithy · · Score: 1

      As an Australian this doesn't make sense to me. If a cop here told me to get in my car I would assume I was good to go, which doesn't appear to be the case here.

      Indeed. Standard procedure back in Oz when pulled over is to get out of the car (unless it would be unsafe to do so) and wait. Typically, until you get out of the car, the Police won't even open their door (they're worried you'll do a runner).

      Note to Australians in the US: when you are pulled over by the police, STAY IN YOUR CAR WITH YOUR HANDS ON TOP OF THE WHEEL. If you have to reach into the glovebox (eg: for registration papers), clearly communicate to the officer you are going to do this before you do it. Getting out like you would at home can lead to results ranging from confusing (the cop telling you to get back in) to terrifying (yelling, guns drawn, etc).

    41. Re:yey by ajs · · Score: 1

      You mis-read. The GP was saying that the fact that simple failure to comply escalates the charge to felony resistance is the absurdity which should be removed from the books. What makes it far, far worse is that his failure to comply was such a blindingly reasonable response to having been punched in the face merely for asking, "what's going on?" a point which appears to have been clearly established in the case.

      No matter what happens, both officers really must be dismissed at this point. Their claims were shown to be false in court and they committed severe breeches of protocol in getting into the vehicle and beating the driver without any cause or notable resistance beyond his having been foolish enough to get out of the car to ask what was up.

    42. Re:yey by Anonymous Coward · · Score: 1, Informative

      It's been conclusively proven that the story about the scuffle and Watts trying to choke one of the officers was a lie.

    43. Re:yey by WNight · · Score: 1

      Watts is an asshole, pure and simple.

      Choke and die motherfucker. Please.

      You're blaming the victim.

      No amount of being beaten for failing to follow retarded orders is ever okay. The police have those powers so they could theoretically use them to save lives, etc - not so that every little bullying action is swept under the rug.

      IF what he did was a crime, and by crime, I mean in the eyes of the people who fund the system not just in the cops' eyes, then warning followed by arrest would have been warranted, not beatings. There's a world of difference between temporary non-compliance and a threat needing subduing.

      That they've managed to cherry-pick the specific set of actions that makes him a criminal without discussing their actions that make them violent psychopaths is a mere legal technicality not a societally valid defense.

    44. Re:yey by WNight · · Score: 1

      It's not a question of who said what

      Sure, if we leave it for slime like you, it's not. You'll twist anything to draw useless distinctions between simultaneous events.

      the jurors saw the video. They convicted. End of story.

      No asshole. The middle of one story, about someone being beaten for no good fucking reason. And the beginning of the story for a room full of jurors who only now hear about how they could have just refused to convict for the crime of failing to stroke police ego (er, sorry, failing to follow pointless orders with a smile). That's going to leave them bitter and wondering why they bother paying taxes, worried someone will rig another innocent jury and do the same to them some day.

      Yeah yeah, this trial, these charges, etc. All hand-picked of course to remove any question of the legitimacy of the orders, the urgency, etc. Their conviction was assured because they were talking about such a narrow issue, but that's why it's totally irrelevant to the larger issue of abuse of authority.

      If Watts is stupid it's for being born into a world full of thugs and thug defenders like you.

    45. Re:yey by WNight · · Score: 1

      Exactly. Nothing justified this.

      If they were afraid and needed to control him they wouldn't close to punching range in his car where he could grab a weapon, they'd have backed off and used pepper spray. (If words didn't work - surely five minutes of talking someone down is cheaper than applying force.) Fists and batons are pretty much always pointless violence.

      And this isn't efficient or useful. Better roadside manner would have gotten more cars searched which is what we're paying these jackasses to do.

      People start arguing technicalities and lose sight of the real issue, which is that these people are our employees and we're not getting good value. At best they're engaged in pointless busywork. I bet everyone on the law enforcement side got a ton of overtime out of this.

      It's telling in these police-brutality threads that the thug justifiers always use the brutality as tautological proof of why you shouldn't do something. "They told him not to, he did, and then they had to beat him." They never get into why a public trained to unconditionally follow orders would be a good thing.

    46. Re:yey by Anonymous+Cowpat · · Score: 1

      The jurors convicted after watching the video. That should tell you something.

      They're dangeroius morons not fit to call themselves rational human beings?

      --
      FGD 135
    47. Re:yey by tomhudson · · Score: 1

      I'm not defending the police's subsequent actions - what I am saying is that if he hadn't been such an ass-hole when he was first stopped, none of this would have happened. He was behaving like a jerk, and he ran into someone who was an even bigger jerk.

      If they hadn't been cops, just armed thugs, he would have complied with their original request to get back in the car. It's specifically because they were cops that he felt he could ignore their original order to get back in the car while they searched his trunk.

    48. Re:yey by tomhudson · · Score: 1

      If he hadn't been such an ass-hole when he was first stopped, none of this would have happened. He was behaving like a jerk, and he ran into someone who was an even bigger jerk.

      If they hadn't been cops, just armed thugs, he would have complied with their original request to get back in the car. It's specifically because they were cops that he felt he could ignore their original order to get back in the car while they searched his trunk.

    49. Re:yey by tomhudson · · Score: 1

      There is no way I'm defending the police's subsequent actions - what I am saying is that if Watts hadn't been such an ass-hole when he was first stopped, none of this would have happened. He was behaving like a jerk, and he ran into someone who was an even bigger jerk.

      If they hadn't been cops, just armed thugs pointing guns at him, he would have shit his pants, shut his mouth, and complied with their original request to get back in the car while they searched his trunk. It's specifically because they were cops that he felt he could ignore their original order to get back in the car while they did their search.

      His behavior was at the very least the same sort of passive-aggressive crap that spoilled brats pull every day.

    50. Re:yey by tomhudson · · Score: 1

      First, everyone who's been near a TV for the last 20 years knows about jury nullification.

      Second, if Watts hadn't been such a passive-aggresive ass-hole when he was first stopped, none of this would have happened. He was behaving like a jerk, and he ran into someone who was an even bigger jerk. Karma is a bitch.

      If they hadn't been cops, just armed thugs pointing guns at him, he would have shit his pants, shut his mouth, and complied with their original request to get back in the car while they searched his trunk.

    51. Re:yey by tomhudson · · Score: 1

      I suspect that a large part of it is that the police in the US, unlike here in Canada or in the UK, are far more likely to be facing someone with a gun at hand and the willingness to use it. That sort of day-in, day-out stress has to have a long-term effect.

      Then there's also the failed "war on drugs" effort. Dealing with the crimes that result from drugs, rather than treating the underlying causes of drug abuse, so you end up with the revolving prison door, and the highest incarceration rates in the world. That's a second morale-buster.

      Add to that the whole "we're at war" security theatre stuff that everyone is subjected to ... it's no wonder that cops in the US are more likely to be one mis-step away from an altercation.

    52. Re:yey by Maxo-Texas · · Score: 1

      Per the post above, this apparently is not what happened.

              * 1. The incident occured as Watts was exiting the US. He was stopped by US border patrol for a random "exit inspection"
              * 2. Watts initially got out of the car and requested an explanation. At that point, one of the border patrol officers told him to get back in the car. He did so
              * 3. An officer named Beaudry rushed over to the scene, got into the car with Watts, struck him in the face and told him to get out.
              * 4. Watts exited the car and Beaudry ordered him to get to the ground.
              * 5. Watts did not comply, but rather demanded an explanation.
              * 6. Beaudry pepper-spayed watts and threatened him with a baton. At that point Watts lay down, was handcuffed, and placed under arrest.

      So he got out (unwise), got back in...
      then it went south-- what the hell was the other officer doing getting in the car, hitting him, and then telling him to get out- he'd already complied.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    53. Re:yey by tomhudson · · Score: 1

      2. Watts initially got out of the car and requested an explanation. At that point, one of the border patrol officers told him to get back in the car. He did so

      Nope. He was told to get back in his car, refused, was told a second time, again didn't comply, and it was only when the officer went to arrest him that Watts went back into his car - too late.

    54. Re:yey by Falconhell · · Score: 1

      "It's specifically because they were cops that he felt he could ignore their original order to get back in the car while they searched his trunk."

      You keep saying that as if repetition will make it true. He did get back into the car as requested, and was then assaulted without reason by this asshole.

      Why are you so desperate to defend the actions of these people? They should, and in my country would be in serious trouble for such outrageous behaviour. It is NOT against the law to be an asshole, and these poeple are paid to do their job, not punish someone because they are an asshole.

      When a cop last tried shit like this with me I was parked near the main police station.

      I made it clear that if he continued his appalling behaviour he would spend the next 2 weeks filling out paperwork to defend agaist an official complaint of police harrassment. That shut the useless officious prick up real fast. It seems it is time the US took complaints against fasctist pigs seriously, and introdused a similar complaint system.

      Personally, after reading of peoples experiences i cant imagine why anyone would on to visit a country so uncivilised as to allow their law officers to behave so appalingly.
      --

    55. Re:yey by Anonymous Coward · · Score: 0

      Not sure how it is up north, but fortunately for me, being an asshole is not a crime in the US.

    56. Re:yey by WNight · · Score: 1

      It's not behaving like an asshole to question orders, get out of a car, etc. But even if it was, it's still not a justification for violence in a non-emergency.

      There is no way I'm defending the police's subsequent actions

      Bullshit, by talking about what he did you are justifying their actions. Why else do you think you're talking about it?

    57. Re:yey by WNight · · Score: 1

      everyone [...] knows about jury nullification.

      The same everyone who is always instructed by a judge that they do NOT have that right.

      if Watts hadn't been such a passive-aggresive ass-hole

      Sorry shithead, but cops/border guards/etc are OUR employees. Like starbucks clerks, this is what they're paid for.

      If they hadn't been cops, just armed thugs pointing guns at him, he would have shit his pants, shut his mouth [...]

      And if I made a credible threat to kill you, you'd stop posting. Which means what exactly? That you're an asshole for not shutting up without me having to?

    58. Re:yey by tomhudson · · Score: 1
      Simple moral of the story - don't start sh*t you can't finish.

      Same lesson as Viet Nam.

      Same lesson as bailing out Wall Street.

    59. Re:yey by tomhudson · · Score: 1

      everyone [...] knows about jury nullification.

      The same everyone who is always instructed by a judge that they do NOT have that right.

      Ever sat on a jury?

      I have. Jurors know. Maybe it's just American jurors who are too stupid/sheeple to exercise their rights, but Canadian jurors have done so often enough, to the point of forcing the laws to be changed because jurors here won't convict if they think the law sucks.

    60. Re:yey by WNight · · Score: 1

      Ever sat on a jury?

      I've seen some jury selection, and read questions used in others. Without coming out and asking anything that'd give the rest of the jury any ideas they do their absolute best to weed out anyone who knows ANYTHING, especially about law.

      After that the judge instructs the jury as to their specific role, always leaving out their ability to refuse to convict and usually specifically denying this.

      Jurors know.

      Some. Those who survive the cull, know which legal views of the judge to ignore, etc.

      It needs to be part of the instructions though, and judges need to be fired/charged for lying about a jury's role. Because should-know obviously doesn't equal does-know and an uninformed jury is dangerous.

    61. Re:yey by WNight · · Score: 1

      Same lesson as bailing out Wall Street.

      Let's see. Wall Street had done nothing wrong, pulled through a border stop, got out of its car at the "wrong" time, got beaten and charged with assault?

      And this author guy, he conspired with thousands of himself to defraud the government and public to the tune of trillions. When caught he suffered no punishment and was actually given more money to prop up his ponzi schemes.

      Yeah, I can sure see the similarity there...

      No, actually, the issue is that cops shouldn't beat people. That's my issue.

      This incident started when the border guard needlessly beat an unarmed person, wasting time, money, and trust in the government, as well as merely hurting an innocent.

      I don't care what was done to disrespect this officer's authoritah. He's got a job and his temper isn't a valid excuse for beating customers.

  4. no worries by Tablizer · · Score: 1

    That's okay, he does his best writing in jail.

  5. at he can keep being a writer in lockup. by Joe+The+Dragon · · Score: 1

    at he can keep being a writer in lockup.

    1. Re:at he can keep being a writer in lockup. by Ethanol-fueled · · Score: 4, Insightful

      Dr. Martin Luther King, Jr. and Adolf Hitler both wrote some interesting stuff while they were locked up.

    2. Re:at he can keep being a writer in lockup. by Elektroschock · · Score: 1

      Who is Peter Watts?

    3. Re:at he can keep being a writer in lockup. by Anonymous Coward · · Score: 1, Funny

      <quote>at he can keep being a writer in lockup.</quote>

      Parser error at line 1, char 4:
      'at he'
          ^

    4. Re:at he can keep being a writer in lockup. by amiga3D · · Score: 2, Funny

      I'm finding it hard to believe you put both of those guys in the same sentence.

    5. Re:at he can keep being a writer in lockup. by The+Archon+V2.0 · · Score: 4, Interesting

      I'm finding it hard to believe you put both of those guys in the same sentence.

      Why? They're both notable historical figures. Ditto the Marquis de Sade.

    6. Re:at he can keep being a writer in lockup. by zippthorne · · Score: 4, Funny

      On the prison baseball team, he will play second base.

      --
      Can you be Even More Awesome?!
    7. Re:at he can keep being a writer in lockup. by Psion · · Score: 1

      Well, if Watts' on second, who is on first?

    8. Re:at he can keep being a writer in lockup. by Anonymous Coward · · Score: 0

      Absolutely!

    9. Re:at he can keep being a writer in lockup. by Anonymous Coward · · Score: 0

      Marthin Luther king is dwarfed by Adolf Hitler, -everyone- has heard of Adolf Hitler, Marthin Luther King was an american equal rights activist noone outside of US cares about. So american history, not world. So i agree that those people should not be put in the same sentence.

    10. Re:at he can keep being a writer in lockup. by Cimexus · · Score: 3, Insightful

      Although the way you wrote this is a bit inflammatory, I'd have to agree. Most people here (Australia) would be aware of MLK and what he did, but only in rather vague or general terms. Hitler on the other hand ... Australia along with most other Western nations spent the best part of 6 years fighting him so no introduction needed there.

      I dare say most of the world would be similar. MLK was a great man, but his achievements were primarily US domestic ones. A bit like if I, as an Australian, were to mention Eddie Mabo - most outside of AU would not know off the top of their head who he was (not that I'm trying to say Mabo was on the same scale of importance as MLK).

      Still I don't think it's invalid to put them in the same sentence. The GGGP didn't try and state that they were equally influential ... just that both of them wrong interesting things while locked up :) Which is true.

    11. Re:at he can keep being a writer in lockup. by lul_wat · · Score: 0

      As the opponents of Hitler the 'western nations' interests were at stake to even make the mention of his name mean the subject being talked about was 'bad'. You might have been introduced but chances are it hasn't been a fair introduction

      --
      Divide a cake by zero. Is it still a cake?
    12. Re:at he can keep being a writer in lockup. by dwarfsoft · · Score: 1

      Everything is propaganda. If Hitler had won then we would have been brainwashed/re-educated to believe he was the Lord and Saviour himself.

      At least these days with the Internet there are more varying media reports, but we still have to filter the lot of it to weed out the subtext and the motives behind it first.

      --
      Cheers, Chris
    13. Re:at he can keep being a writer in lockup. by Agronomist+Cowherd · · Score: 1

      I don't know...

      --
      -DwS
  6. Re:Quite understandable by Tablizer · · Score: 2, Interesting

    American border guards are self-important scum-bags, guarding the gates of the dying empire.

    Canadian guards will grow the same way when everybody tries to leave the dying empire.
         

  7. First draft... by LostCluster · · Score: 5, Funny

    He will be sentenced April 26th

    The sentence will be sent to his editor May 5.
    They'll have it proofread and the final edit will be done June 7.
    Armed truck drivers will deliver the sentence to Barnes & Noble, Amazon, and Borders locations on an undisclosed date.
    The sentence will go on sale August 11.

    Please, no spoilers before the release date.

    1. Re:First draft... by Sarten-X · · Score: 1

      I am very sad now that I wasted my last mod point on a troll.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    2. Re:First draft... by sckirklan · · Score: 1

      So deserving of a notable mention. Too funny:)

  8. don't f**k with the police! by Anonymous Coward · · Score: 0, Troll

    whilst people should not be unreasonably searched leaving a country (after all, who cares?) attempting to strangle a police officer is a serious offence! (the evidence would not be in his favour; there are cameras everywhere at border patrol)

    1. Re:don't f**k with the police! by TheRaven64 · · Score: 4, Informative

      Not sure why you got moderated up, because the court threw out the accusation that he attempted to strangle the officer. The guards' testimony was demolished on cross examination as inconsistent and the only thing that the prosecutor had at the end was that, after the guard had punched him in the face several times (an event which the prosecution did not dispute), he did not immediately comply with an instruction to lie on the ground.

      Events like this that make life difficult for the majority of police officers, who actually want to do a good job and protect people from criminals. They undermine the public faith in the police and in the judicial system. If you can be convicted of not following police instructions after they have assaulted you, then why on earth would you ever go near the police, let alone cooperate with them? Whichever legislator thought up that particular law deserves jail time.

      --
      I am TheRaven on Soylent News
    2. Re:don't f**k with the police! by Anonymous+Cowpat · · Score: 1

      Whichever legislator thought up that particular law deserves jail time.

      as do the jury. At a minimum.

      --
      FGD 135
    3. Re:don't f**k with the police! by TheRaven64 · · Score: 1

      The jury, as Watts said, made the correct decision. They decided that the law, as written, had been broken. It had. The jury are not asked 'is this law just' they are asked 'was the law broken?' Jury nullification is very rare in Canada and the Jury is not told that this is an option. Hopefully the judge sentencing him will see some sense and fine him $1 or something.

      --
      I am TheRaven on Soylent News
    4. Re:don't f**k with the police! by theolein · · Score: 1

      I would love to know why the reading comprehension of the moderators is so bad, because it clearly states that he was NOT charged with assault. He was charged with resisting a lawful order.

    5. Re:don't f**k with the police! by Anonymous Coward · · Score: 0

      Didn't they want him to lie on the ground, without a coat, in the middle of winter, in the snow, slush, water, dirt, mud, oil, and ice AFTER hitting him in the face several times? There's something to be said for self preservation...

    6. Re:don't f**k with the police! by Anonymous Coward · · Score: 0

      The rules that allow that sort of miscarriage of justice came to being under Nixon and the nascent war on drugs. Enforcement of the police can do no wrong statutes were ratcheted up under Reagan (got to allow the water to slowly get up to boiling) with the end result being today the United States of America has the highest per-capita prison population in the world. We the taxpayers are of course paying for all this shit. People complain it is difficult to get a bad teacher out of a public school. Try getting a bad police officer out of the police department. Sadly, it is damn near impossible.

    7. Re:don't f**k with the police! by matunos · · Score: 1

      Jury nullification is never described as an option here in the States either, because it's not considered an option under the law. That's not to say it doesn't (or shouldn't) occasionally happen, just that as far as the justice system is concerned, it's not supposed to.

    8. Re:don't f**k with the police! by Anonymous Coward · · Score: 0

      undermine the faith? protect people from criminals? The reason people have no faith in cops is that unless you are 40 something and live in the rich part of town they will look for an excuse to arrest you even if you were the one that called them after your place got broken into by crackheads. I've done it, trust me, the mistrust in cops is not unfounded. That particular job attracts the worst kind of scum in this country lately. If you live anywhere but the nicest area it's worse than having no cops at all.

    9. Re:don't f**k with the police! by Maxo-Texas · · Score: 1

      As recently as 1969, it was still viewed as a legitimate option. But the trend is towards suppressing it.

      Doesn't matter what they say- it's a legitimate option. Even more so with the judiciary and law enforcement officers as corrupted by power as they are these days.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    10. Re:don't f**k with the police! by IgnoramusMaximus · · Score: 1

      ... the law, as written... and the Jury is not told that this is an option ...

      Well if the crooks running the scam tell you to do something, particularly if it enhances their power over everyone else (including you) and enriches them in the process ... well, that means of course that an upstanding, justice-loving Canadian citizen should obey immediately and then salute and sing Oh Canada while standing at attention, no?

      Should we rename this place to Sheepland, baaaaah?

  9. 2vs1 by sckirklan · · Score: 1

    How is he simply guilty because he was 1 and they were 2. This isn't the only time I've seen this. American law seems to favor everything in majority of he said she said and 2 vs 1, 2 wins even if 2 perjure.

  10. Whatt? by angiasaa · · Score: 4, Funny

    So when someone said "Watts the problem",
    He said "I'm certainly not!"

    That kind of attitude with the police can earn you a can of pepper-spray!
    Also, that kind of attitude in court could certainly earn you some jail-time!

    --
    Geekism is your _only_ God!
    1. Re:Whatt? by Anonymous Coward · · Score: 0

      That kind of attitude with me will earn you a punch in the face too. But only policeman can do that legaly. This show how screwed the law is.

    2. Re:Whatt? by angiasaa · · Score: 1

      I'd probably laugh it off.. However, the point of my comment was to bring into focus exactly what you pointed out. The law is not screwed in this case. It's common sense that has'nt prevailed.

      It makes more sense to see it from the victims perspective before bring the harassments in. The law may say "blah" but the upholders of that very same law are unfortunately permitted to choose their own interpretation of what the word of law really means.

      It's sad but heck, if I know what someone can do and if I can avoid walking into a wall of nails, I will do what it takes to avoid doing it.

      If Watts was innocent in his position, it does'nt make him free of "stupid". :)

      --
      Geekism is your _only_ God!
    3. Re:Whatt? by Hurricane78 · · Score: 1

      And that’s why this exact situation was a theme in Idiocracy.

      That kind of guard/cop/bully is nothing short of a criminal with a badge.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    4. Re:Whatt? by presspass · · Score: 1

      IANAL

      There is a reason a law like this is in place. We've collectively decided that lawful orders should be obeyed and I agree with this.

      Having said that, there's a reason we have judges and juries. If it was so cut and dried we would just need "robo-judge" to pronounce sentence after determining guilt.

      There are circumstances to every case that should be used to decide "guilt". Just because he violated the letter of the law, in my mind, doesn't make him guilty.
      By not complying did he put himself or the officers in danger? I'm even willing to go so far as to ask if his non-compliance caused any other problems that I can't think of.

      If not, then offer him an apology and turn him loose.

      I'm really sick of hearing about cases of police acting like pimple-faced high school bullies, who don't know enough about human nature to de-escalate a situation, instead relying on their "authoritay" to push their employers around.
      Google "DC cop snowball fight" for a laughable example.

      --

      My normal sig is at the cleaners

    5. Re:Whatt? by Anonymous Coward · · Score: 0

      The question I have, is when do the orders of a police officer or other armed authority figure, become unlawful orders as opposed to "lawful" orders? Clearly, if a police officer comes into a third grade classroom, orders all the children to line up against the wall, then starts walking the line and shooting the children in the back of the head, children who run away shouldn't later be prosecuted for disobeying the police officer. I think we can all agree on that. I'm pretty sure we can all agree, in fact, that if the teacher picks up a chair and beats the police officer to death with it in that situation that the teacher shouldn't be prosecuted for anything. Actually, there are probably people who would argue that the teacher and maybe even the kids should be prosecuted, but I'm pretty sure the other 95% of us think those people are crazy.
      Now, what about the same scenario, but instead of a third grade classroom, it's a university classroom and the scofflaws ignoring the officers instructions to stand there and die are legal adults? Does it make a difference? What if instead of shooting them in the back of the head, the officer is simply stabbing them or striking them repeatedly in the kidneys with a baton? What if they run away then? Are they criminals for doing so? What if the professor beats the officer to death with a chair for that? Doesn't beat to death, just wrestles to the ground and restrains? At what point do we hit the line where the officers orders aren't lawful because the officer is obviously acting criminally?
      In the case at hand, the guy had just suffered an unjustified physical attack at the hands of the border guards. What they did to him is not legal and they are quite clearly criminals. Not that people in their position are generally criminally convicted or even punished in any way (except maybe with some paid leave, oh no!). So, how are their orders then lawful ones? Why should the victim have respected their authority? Was it unreasonable for him to believe, in fact, that complying with their orders would result in more unlawful attacks from them?

    6. Re:Whatt? by Anonymous Coward · · Score: 0

      If there's any more stock film of women applauding, I'll clear the court!

  11. Wait a minute... by Skidborg · · Score: 1, Insightful

    With all those hundreds of video cameras tracking your every move at the border, why isn't there some definite evidence showing up here?

    --
    Supporter of the +1 Over Dramatic mod option. In memory of apk.
    1. Re:Wait a minute... by fuzzyfuzzyfungus · · Score: 1

      Perhaps it was "lost"....

    2. Re:Wait a minute... by Renraku · · Score: 1

      The cameras only see what the operators want them to see. I don't think (unedited) video evidence will be shown if the border guards were messing with him and provoked a physical confrontation. On the other hand, if he just jumped out of his car and dove on one of them, it would probably already be uploaded to youtube with the word terrorist in the title.

      --
      Job? I don't have time to get a job! Who will sit around and bitch about being broke and unemployed then?
    3. Re:Wait a minute... by ScrewMaster · · Score: 1

      With all those hundreds of video cameras tracking your every move at the border, why isn't there some definite evidence showing up here?

      Because they're the new special "smartcams" that have been deployed all along the border. They only record when law enforcement looks good.

      --
      The higher the technology, the sharper that two-edged sword.
    4. Re:Wait a minute... by jjohnson · · Score: 2, Informative

      The jurors watched complete video of the entire encounter, and then found Watts guilty.

      They also said that the border guards acted like assholes, but given the law and Watts's actions, they had to find him guilty.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    5. Re:Wait a minute... by Anonymous Coward · · Score: 0

      They didn't HAVE to find him guilty. It sounds like the jurors just got spoon fed the evidence and didn't think that maybe sending someone to jail for something as trivial as this isn't the right thing to do. Especially the way he was treated by the officers (including the false accusations). Its a wonder why our jails are so full, oh wait no it isn't. Also jail will do nothing for this person, he probably learned to be more compliant the instant this whole thing started. All jail will do is waste 1 year of his life (based on he will probably get out early on good circumstances) and do NO rehabilitation for him what so ever.

  12. Watts' comments on the verdict by Anonymous Coward · · Score: 1, Informative
  13. Re:Quite understandable by headkase · · Score: 1

    I already don't want to ever enter the US - I even have reservations about flying over it on my way to Cuba. Canadian here.

    --
    Shh.
  14. Re:Quite understandable by Vinegar+Joe · · Score: 1

    Canadian guards will grow the same way when everybody tries to leave the dying empire.

    Like the Canadian border guards who murdered the Polish immigrant in Vancouver?

    http://www.cbc.ca/canada/british-columbia/story/2007/11/14/bc-taservideo.html
    http://www.canada.com/theprovince/news/story.html?id=264ccebb-1696-44e7-9474-ff5a06f63db4
    http://www.nationalpost.com/most-popular/story.html?id=1332958

    --
    "The average reporter we talk to is 27 years old......They literally know nothing." - Ben Rhodes
  15. Soon nobody will want to go to America by Anonymous Coward · · Score: 1, Insightful

    Chinese debt collectors. They will want to come.

    1. Re:Soon nobody will want to go to America by Ogive17 · · Score: 1

      At that point our currency will be 'cheap plastic toys from mcdonalds' instead of dollars and we will easily pay it off.

      --
      "Action without philosophy is a lethal weapon; philosophy without action is worthless."
    2. Re:Soon nobody will want to go to America by WNight · · Score: 1

      I imagine that's what they're expecting, if not looking forward to.

      We'll devalue our currency to facilitate paying back the loan, our total world power will match that of the Bahamas and they'll have pulled something like a Reagan on us.

  16. Insightful? by YesIAmAScript · · Score: 3, Insightful

    You all should be ashamed of yourselves for modding up hateful comments.

    --
    http://lkml.org/lkml/2005/8/20/95
    1. Re:Insightful? by Anonymous Coward · · Score: 4, Insightful

      You all should be ashamed of yourselves for modding up hateful comments.

      I agree. Not to mention that fact that the U.S. will have to fall a long, long way before people from the real armpits that Planet Earth has to offer stop trying to get in here any way they can (I could name one in particular, but then I'd be accused of being a bigot.)

      The attitude of the original poster ("Soon nobody will want to come to America") is just wishful thinking at best, truly ignorant at worst. I know a number of immigrants who hail from, shall we say, less-enlightened countries (one described the country of his birth as a "typical Communist hellhole") and there's no way you would ever get them to go back. America is still the Land of Opportunity to them: it's all relative you know.

    2. Re:Insightful? by broken_chaos · · Score: 1

      The attitude of the original poster ("Soon nobody will want to come to America") is just wishful thinking at best, truly ignorant at worst.

      It is hyperbole. Not wishful thinking, and certainly not ignorant.

      There are a significant number of people who have made the conscious decision to either never visit the USA again, or to never visit it in the first place. I'm one of them. While "nobody" wanting to visit is not a likely outcome, it is not blatantly false -- just an overestimation of numbers, seemingly for dramatic effect.

    3. Re:Insightful? by theolein · · Score: 1

      I live in Switzerland. I was in the US soon after 911. I will never go back there, neither to visit nor for business. The place is too arbitrary and egocentric for my liking.

    4. Re:Insightful? by Hurricane78 · · Score: 0, Troll

      It’s not hate. It’s a fact.

      You should be ashamed for protecting those criminals with a badge, just out of some pointless over-the-top national pride. If you hadn’t proven with your comment, that you are American, I’d sad you’re French. There’s no big difference in national pride + arrogance anyway.

      --
      Any sufficiently advanced intelligence is indistinguishable from stupidity.
    5. Re:Insightful? by Anonymous Coward · · Score: 0

      I'm not an immigrant, I'm an intelligent and successful businessman from an English-speaking Western nation (and posting AC because of it).

      I have no intention of setting foot on American soil because you guys (and your boarder guards) are fruit-loops. You think the fact that a well known author gets beaten up by American boarder guards and then gets CHARGED for not following their contradictory orders makes me feel reassured about going to the U.S. on business? Screw that - I'll email and VPN where I need to and stay the hell away from what, for all intents and purposes, is an insular and hostile state.

      Sorry, but the original poster is right: some people don't want to go to America, but they're not necessarily the kind of people you're thinking of.

    6. Re:Insightful? by Anonymous Coward · · Score: 0

      On the other hand, I think fewer people will want to visit the states. I come from the other side of the world and soon I have a conference in Ottawa - the problem is, most flights go through the states to get there. I am thinking of spending $800 extra just to avoid it. Note: No offense to you as a people - the North Americans I've met have been very decent.

    7. Re:Insightful? by Anonymous Coward · · Score: 0

      Yes, but people wanting to come here to live and work is a bit different than people wanting to come here and spend their holiday money at Disney World.

    8. Re:Insightful? by Thiez · · Score: 1

      > I know a number of immigrants who hail from, shall we say, less-enlightened countries (one described the country of his birth as a "typical Communist hellhole") and there's no way you would ever get them to go back. America is still the Land of Opportunity to them: it's all relative you know.

      Sampling bias much? Perhaps you'd like to consider my hypothesis that most people voluntarily moving from one country to another do so because they like the latter better than the former. Concluding their countries of origin are 'less-enlightened' on basis of their testimonies seems a bit unfair.

    9. Re:Insightful? by Anonymous Coward · · Score: 0

      Where you were, the US can be pretty diverse, even people living 100 miles away from each other can think the others completely backwards and not quite human.

  17. Re:Quite understandable by Anonymous Coward · · Score: 1, Funny

    American border guards are self-important scum-bags, guarding the gates of the dying empire.

    Don't worry. Soon nobody will want to go to America.

    Because you are an idiot...you have no idea what you are talking about! Everyone hates AMerica until their ass gets invaded or they need our money...

  18. No, he was not by kithrup · · Score: 1

    He was convicted of obstruction -- because after getting out of the car in which he was repeatedly assaulted (that is, struck in the face by the officer), he did not immediately drop to the ground when ordered to do so.

  19. "Convicted of assault" is very misleading by Hortensia+Patel · · Score: 5, Informative

    From Watts' own blog:

    Here at the Sarnia Best Western I don't have the actual statute in front of me but it includes a lengthy grab-bag of actions, things like "assault", "resist", "impede", "threaten", "obstruct" -- hell, "contradict" might be in there for all I know. And under "obstruct" is "failure to comply with a lawful order", and it's explicitly stated that violence on the part of the perp is not necessary for a conviction. Basically, everything from asking "Why?" right up to chain-saw attack falls under the same charge. And it's all a felony.

    Making Light put it more caustically:

    Peter Watts has been found guilty of being assaulted by a border guard. The actual charge was obstructing a border officer. The other charges were refuted in court, but there remained the fact that Watts, having just been punched twice in the head, did not immediately drop to the ground when ordered to do so, instead asking what the problem was. Apparently, this is a felony.

    1. Re:"Convicted of assault" is very misleading by Bartab · · Score: 3, Informative

      Both the blogs are biased, uninformative, and basically uninteresting.

      Furthermore, the source chosen for the slashdot posting seems to have been searched for and specifically chosen so as to be the least informative and lacking in interest. A better one is at Toronto Star

      Among the information in that paper is a statement by Watts that the trial was fair, and a direct contradiction to "Making Light's" timeline of events.

      --
      Any sufficiently advanced technology is indistinguishable from a rigged demo.
    2. Re:"Convicted of assault" is very misleading by Cederic · · Score: 1

      So surely there's an appeal possible around a plea of self-defence, and indeed remarkable constraint in not putting the border guard's head through his car window?

    3. Re:"Convicted of assault" is very misleading by Hortensia+Patel · · Score: 2, Insightful

      Watts' blog is biased, uninformative, and basically uninteresting, so... you link instead to the Toronto Star quoting that same blog, and quote the quote of that blog just for good measure?

      At least the Star's description - resisting and obstructing, not assault - is an improvement on the Slashdot one.

      The ML post, I'll grant, was exaggerating a little for the sake of snark.

    4. Re:"Convicted of assault" is very misleading by Random+Data · · Score: 2, Interesting

      Perhaps you should go back to the grandparent and the parent, and read Watts' own words. He states that he has no problem with the trial, judge, defense, prosecutor, jury or even the guards conduct in court. It's the law itself in this case, which says that if you don't immediately comply with a command you are guilty of assaulting a police officer. That's what he's been convicted of, and although not happy he claims he will abide by the court's decision. It might be interesting to grab the transcript. Watts claims that the jury asked if non-compliance was sufficient to convict. That sounds to me like they weren't entirely happy about having to find him guilty, but followed the law as written. Non-compliance in this case is asking "what's the problem?", instead of immediately lying down after being hit in the face. I understand that there is video evidence of this, but until the FOIA request from the media is resubmitted and the footage obtained, that'll be something only those directly involved can comment on.

    5. Re:"Convicted of assault" is very misleading by theolein · · Score: 1

      Stupidity knows no bounds, does it? The Rifter blog is Peter Watts' own blog, and there he states exactly that he found the trial fair and that very statement was quoted on the site.

      So why you find his quoted statement on a newspaper's site interesting and the very same words on his own blog uninteresting and biased is a true mystery.

      Is it because he's SHOCK!!!!! LIBERAL or even worse LEFT WING????

      You're the one who's biased.

    6. Re:"Convicted of assault" is very misleading by 0xdeadbeef · · Score: 1

      Christ, you are one submissive little cunt. You'd probably complain about the security footage being biased. It did, after all, substantiate Watts' original account.

    7. Re:"Convicted of assault" is very misleading by Anonymous Coward · · Score: 0

      It doesn't matter, the way I see it they're bringing a lot of shit on their heads by dragging him through the mud so much. If they would have just hassled and let him go, he would have "learned" his lesson, the guards would get by as usual, but now, if they keep and harassing him like this, other incidents like this would be more likely to occur.

      Don't hate cops of any breed, but I love his books.

    8. Re:"Convicted of assault" is very misleading by julesh · · Score: 1

      The ML post, I'll grant, was exaggerating a little for the sake of snark.

      Yeah, but that's some grade-A snark going on there.

    9. Re:"Convicted of assault" is very misleading by YankDownUnder · · Score: 1

      I could see, especially after being smashed in the head a few times by a law enforcement officer that is much larger than I (oh, BTW, I'm like 57kg), the the aforementioned officer would be slightly ticked off due to the fact that I did NOT lie down directly on the ground and comply with his wishes. Similar thing happened to me in Texas when I was pulled over for GOD KNOWS WHAT REASON, strip searched on the side of the road, had nearly everything in my 1992 Honda CRXsi stripped out and thrown on the side of the road (including pagers, laptops, network tools and equipment), smacked in the face full on several times, and the officer got slightly angry that when he told me to stand, I didn't, and when he told me to lie down, I couldn't (I was already on the ground twisted into a fetal position). Yes, that would make the officer very angry. The other officer lost a button from his uniform when he was ripping off my Pierre Cardin three piece suit - so maybe that might have been the impetus for the bad reaction. Still not sure.

      --
      YankDownUnder Veni, Vidi, volo in domum redire
  20. Re:Quite understandable by TheRaven64 · · Score: 1, Offtopic

    Everyone hates AMerica until their ass gets invaded

    Yes, Iraq and Afghanistan used to hate America, but now they love you!

    or they need our money

    Uh, what money? How many trillion are you in debt now?

    --
    I am TheRaven on Soylent News
  21. the problem... by hitmark · · Score: 3, Insightful

    is twofold:

    1. what he was found guilty of is that of obstructing the border guard from doing his job. and that part of the law is so vague, that simply asking what the problem is can be seen as obstruction.

    2. the jury was not there to consider the guard behavior, but about point 1.

    so in essence, watts was screwed from the moment his car got stopped while leaving USA (yep, he had gotten in just fine, it was while going back to canada that the trouble started).

    --
    comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    1. Re:the problem... by MichaelSmith · · Score: 3, Interesting

      I visited the US with my then girlfriend in 1997. We applied for visas at the US consulate in Melbourne, Australia. We had such a bad experience at the consulate that I am sure it would have ended as badly as this if we had been in the US at the time.

      But then we entered the US at Newark and departed at Los Angeles and had no problems at all. The officials we interacted with were very polite and professional. I think its just the luck of the draw.

    2. Re:the problem... by Alan+R+Light · · Score: 1

      Agreed. Most U.S. border guards are quite courteous. The problem is, if you run into a bad one you're liable to be screwed, and as this case demonstrates the U.S. legal system is a joke. If Watts gets any time, Beaudry should certainly get life in prison - but it ain't gonna happen.

    3. Re:the problem... by Bigjeff5 · · Score: 1

      what he was found guilty of is that of obstructing the border guard from doing his job. and that part of the law is so vague, that simply asking what the problem is can be seen as obstruction.

      You have every right to ask what the problem is when an officer tells you to do something. What you DON'T have a right to do is wait for an explanation before complying. Delayed compliance is non-compliance.

      In the first case, he should have never gotten out of his car. Boarder patrol stops are fairly routine, generally the only reason a person will get out of their car in such a case is to be confrontational. That's going to set the patrol officers on edge immediately. Also, apparently Canadian police use the exact same procedure (keep the person in the car while they assess the situation), so saying "I didn't understand" is bullshit. He was being a confrontational asshole for some reason, and it bit him hard.

      Cops don't fuck around - it's their life on the line, so if they have to decide whether you are a punk packing heat or just an asshole, they are going to assume you are packing heat and you'd better do exactly what they say in a timely fashion or expect to get some rough handling. If, after you've already set them on edge by getting out of the car in what would generally be considered a confrontational move, they tell you to get back in the car, and instead of moving you just stand there and ask "why?" you can expect things to go down hill fast. Just get in the fucking car and ask why on the way, don't be an ass.

      The Jurors did say that the border guards over-reacted, but that does not change the fact that Watts was non-compliant until they got the cuffs out to arrest him. Like I said, this is potentially life or death for these guys, they don't have the luxury of being all polite and kind to every asshole out there because one of them could be a drug-runner willing to kill a couple cops to get away.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    4. Re:the problem... by Bigjeff5 · · Score: 3, Insightful

      That's bureaucracy for you, give a nobody a bit of power over someone else and half the time they'll turn into an asshole. This seems to be even more true if the person they are screwing has no recourse.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    5. Re:the problem... by hitmark · · Score: 1

      he never actually got out of the car until told so, but it could be that he opened the door to get out, making the guard react by beating watts, while watts was still in the car.

      after that watts was ordered out of the car, complied, was ordered to the ground, wondered why, and ended up being maced.

      btw, is asking about whats going on, being a confrontational asshole?

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
    6. Re:the problem... by Anonymous Coward · · Score: 0

      Have you read anything about the case? He didn't get out of the car and refuse to get back in. He get out of the car, was told to get back in, got back in, then a pig ran over, jumped into his car, punched him in the face and ordered him to get out again. He got out and was ordered to get on the ground, but didn't immediately comply, instead asking for an explanation of why he'd just been punched in the face for following an officer's orders. And that apparently constitutes assault of a police officer.

      The law is fucked, the pig who assaulted him should lose his job and go to jail, and the jury should be ashamed of themselves for following the letter of the obviously fucked law rather than exercising their right to acquit a clearly innocent man of a felony.

    7. Re:the problem... by WNight · · Score: 2, Insightful

      Cops don't fuck around - it's their life on the line

      Hah! Not only is their job far safer than many others, but they're far more likely to kill or seriously injure the person they stop than vice versa. In the vast majority of cases they're the only armed parties and usually are not there alone.

      This border guard for instance had NO reason to fear for his safety at all. He'd already been in the vehicle with the suspect - the very place he'd have been knifed, etc, and was now safely back out of the vehicle. If he had felt threatened he'd have backed off and waited until other heavily armed guards could arrive - in seconds.

      I think you meant to say: "Cops fuck around when it's only your life on the line."

      Canadian police use the exact same procedure (keep the person in the car

      It's policy!? OMFG. Well why didn't you say so!

      It's also passive aggressive. You've been stopped. You need to leave your hands visible, not make any sudden movements, and now sit and wait - often ten or more minutes. (And that's for routine traffic stuff.)

      I'm sure they love the freedom that comes from you being afraid and sitting in your car - it gives them time for a snack, but it's thoroughly unreasonable to say that merely getting out of your car to go talk to them is confrontational. People have a right to question those who stop them, and can reasonably be expected to do so.

      It's just another in the endless list of unknowable laws you can break and procedures you can interfere with that will be used to criminalize you.

      Just get in the fucking car and ask why on the way, don't be an ass.

      Ahh yes, because questioning orders makes you an ass.

      Clearly delaying laying down by a few seconds would have cost the hostages their lives - oh wait, no hostages, no urgency, no problem.

      Like I said, this is potentially life or death for these guys, they don't have the luxury

      Again, pity the people with all the power, the protection, and the weapons. Pity them because they might break a nail while beating someone.

      Customs agents certainly do not die at the hands of border crossers often enough to qualify it as a dangerous job. However enough border crossers are beaten and killed without good reason (ie, no weapons, smuggling, etc) to qualify crossing the border as a dangerous action.

      ... kind to every asshole out there because one of them could be a drug-runner willing to kill a couple cops to get away

      Strange definition of kind you have - merely not beating him would have sufficed.

      Pft. If a drug runner decided to shoot his way out he wouldn't wait until he'd been given a stupid order and then question it, he'd just start shooting.

      These are all just pointless excuses, and pointless justifications from you, for something that is at best a total fucking waste of tax money. If all you have to offer is trying to sweep things under the rug then shut the fuck up.

    8. Re:the problem... by WNight · · Score: 1

      btw, is asking about whats going on, being a confrontational asshole?

      Spray. Thump. Whack. Smack. Smack. Kick.

      Yes. You never learn, do you, you fucking hippies?!

      Now sit down or I'll be forced to defend myself again.

    9. Re:the problem... by Anonymous Coward · · Score: 0

      so in essence, watts was screwed from the moment his car got stopped while leaving USA

      No, Watts was screwed the second he got out of his car after being stopped. This isn't hard to understand. Once you pull up to the checkpoint, you are in their control. You don't do anything until they tell you to do so, and only a complete fucking moron gets OUT of his car instead of waiting for the screening. If he was having a medical emergency, then they probably would have treated him a little better, and I'm not saying they did everything right either. But had he followed instructions, pulled into the other line and WAITED FOR FURTHER INSTRUCTIONS this wouldn't have ever been an issue.

      Incidentally, I had something much like this happen to me last summer. The exception being when they told me I had to go to the other line I asked "Hey, I really need to take a piss, can I park & do that?" They said "Sure, just park right there in line, there's the restrooms, a soda machine, some grass to let your dog out to shit upon, and an ashtray for your butts if you smoke. Just make sure you leave it unlocked and stay close enough that you can come back when it's your turn". Why was I pulled for screening? Well, I left some fruit in my trunk which I meant to drop off earlier, and the dogs smelled it.

      Stories like his happen once in a rare while, yet mine happen all day long. It's a lot less likely to happen if you don't think you're some kind of hot shit, and it helps if you assume that the rules DO apply to you as well.

    10. Re:the problem... by WNight · · Score: 1

      and the jury should be ashamed of themselves

      For listening to the judge's legal instructions.

      Seriously though, I hope fewer people do that next time.

      The people are the other arm in this balance of power. Simply refusing to go along with egregious cases of abuse would go a long way.

    11. Re:the problem... by hitmark · · Score: 1

      1. he was stopped while exiting USA by US border guards.

      2. he had never encountered that before.

      3. they started to search his car without giving him any kind of instructions at all.

      i guess that a general lack of curiosity is what the power that be, be it corp or gov, want from us. bread, circus and all that...

      --
      comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
  22. WTF did he expect? by voodoo+cheesecake · · Score: 0, Troll

    FTFA: "Jones said that the officers ordered Watts back into the vehicle, and when he refused, they tried to handcuff him. He said a scuffle ensued in which Watts choked one of the officers, and an officer used pepper spray to subdue him." Gee, I don't really see how this is a big deal. He was pissed off that they searched his car - what else did he expect at a border crossing? Did he try to contact someone in the Canadian government because something wasn't right? No! Sounds like he was being an asshole for getting searched - duh! Being pissed off in front of border guards anywhere in the world draws attention and you leave yourself open for whatever.

    1. Re:WTF did he expect? by makomk · · Score: 1

      The jury, on the other hand, concluded based on video evidence that Jones was lying through his teeth about the series of events...

    2. Re:WTF did he expect? by voodoo+cheesecake · · Score: 1

      I don't trust anyone to do the right thing. I trust people, juries, governments, etc.... do abuse whatever power is available to them whether it be intentional or through negligence. All I am saying is that he shouldn't have made himself a target unless he wants to be a martyr and follow through with making his point.

    3. Re:WTF did he expect? by voodoo+cheesecake · · Score: 1

      P.S. Remember this! It's not whether you are innocent or guilty. It's whether or not they can convict you.

    4. Re:WTF did he expect? by Anonymous Coward · · Score: 0

      Yeah, that's right - wearing that short skirt, he should've expected to be raped!

  23. Re:Quite understandable by Rarzipace · · Score: 1

    Not border guards, but RCMP officers, a.k.a. Mounties. They're our federal police, and they've been having and getting into some trouble lately, and giving themselves a pretty bad image. Dziekanski's case is just one high-profile example.

  24. Re:Quite understandable by Anonymous Coward · · Score: 0

    Everyone hates AMerica until their ass gets invaded

    Yes, Iraq and Afghanistan used to hate America, but now they love you!

    or they need our money

    Uh, what money? How many trillion are you in debt now?

    Boo-hoo! Another whiney Brit. I'll bet your grandmother loved the American GIs who traded her cigarettes and Hershey Bars.

  25. Re:Quite understandable by hitmark · · Score: 1

    the funniest part is that watts was about to leave, not enter.

    --
    comment first, facts later. http://chem.tufts.edu/AnswersInScience/RelativityofWrong.htm
  26. Re:My Obligatory Anarcho-Capitalist Rant... by Jeremy+Erwin · · Score: 1

    Juries are human computers. They aren't supposed to weigh the evidence in any larger context. Similarly, when Peter Watts was asked to comply, he thought instead of reacting.

  27. the facts of the case by elbow_spur · · Score: 5, Informative
    The following points were established during the trial. http://www.rifters.com/crawl/?p=1186
    • 1. The incident occured as Watts was exiting the US. He was stopped by US border patrol for a random "exit inspection"
    • 2. Watts initially got out of the car and requested an explanation. At that point, one of the border patrol officers told him to get back in the car. He did so
    • 3. An officer named Beaudry rushed over to the scene, got into the car with Watts, struck him in the face and told him to get out.
    • 4. Watts exited the car and Beaudry ordered him to get to the ground.
    • 5. Watts did not comply, but rather demanded an explanation.
    • 6. Beaudry pepper-spayed watts and threatened him with a baton. At that point Watts lay down, was handcuffed, and placed under arrest.

    At no point did Watts engage in a physical confrontation with the CBP officers. Upon cross-examination the "choking" accusation and the "aggressive stance" accusations were shown to have been fabricated.
    The conviction stemmed solely from point #5 Here are a couple of post-trial juror statements. One was posted on Watts own site. The other was posted as a comment to the Port Huron report on the verdict; see
    http://www.thetimesherald.com/article/20100319/NEWS01/3190308/Jury-remains-out-in-Watts-trial?plckFindCommentKey=CommentKey:e3d49247-c265-47a6-9721-5713e32cc7ed



    As a member of the jury that convicted Mr. Watts today, I have a few comments to make. The jury’s task was not to decide who we liked better. The job of the jury was to decide whether Mr. Watts “obstructed/resisted” the custom officials. Assault was not one of the charges. What it boiled down to was Mr. Watts did not follow the instructions of the customs agents. Period. He was not violent, he was not intimidating, he was not stopping them from searching his car. He did, however, refuse to follow the commands by his non compliance. He’s not a bad man by any stretch of the imagination. The customs agents escalted the situation with sarcasm and miscommunication. Unfortunately, we were not asked to convict those agents with a crime, although, in my opinion, they did commit offenses against Mr. Watts. Two wrongs don’t make a right, so we had to follow the instructions as set forth to us by the judge.



    Peter,

    I believe your description of the trial and deliberations is more accurate than you could know. As a non-conformist and “libertarian” (who has had some experiences not unlike yours) I was not comfortable with my vote, but felt deep inside that it was consistent with the oath we took as jurors. I believe nearly all the jurors searched for a legitimate reason to vote differently. In the end it came down to the question “Was the law broken?”. While I would much rather have a beer and discussion with you than Officer B. I never the less felt obligated to vote my conscience. I also believe most, if not all, the jurors sincerely hope that you are handled with a great degree of leniency, we, unfortunately have no say in that matter.

    1. Re:the facts of the case by Fnkmaster · · Score: 5, Insightful

      That's pathetic. Regardless of the letter of the law, if the guy didn't do anything that should amount to criminal behavior, and his behavior was reactive - a response to being unjustly assaulted - then the jury failed utterly to do its job. If the law is being applied unjustly or unfairly in a case, as it seems to have been here (the assault was committed by an officer, not by the defendant), then jury nullification is a justifiable, and in fact morally obligatory, response.

    2. Re:the facts of the case by Ryyuajnin · · Score: 0

      FYI: Assault is not attacking someone, thats battery. Assault is installing fear, the perception of possibly being attacked. thats why you'll never hear about someone being assaulted in their sleep; attacked, maybe, but not assaulted.

    3. Re:the facts of the case by trurl7 · · Score: 0

      You are pathetic.

      Truly. "We couldn't do anything". "It wasn't our fault".

      No, you're right. It wasn't your fault that the DA structured the case so that the man WOULD be convicted. They didn't bring up any of those pesky unprovable charges, so they got a "letter of the law" technicality.

      I'm just curious - did the thought of simply voting "not guilty" not cross your mind. How about jury nullification? How about simply being a dick to the DAs who were defending the border guards?

      Was following the letter of the precious law worth a potential 2-year jail sentence for a man who is not bad "by any stretch of the imagination"?

      Nice job. Go home and tell your kids what a hero you were for "following the law".

    4. Re:the facts of the case by Jah-Wren+Ryel · · Score: 1

      You know there was practically no chance of jury nullification, if for no other reason than the effort the courts go to make sure that the people actually sitting on the jury are unaware of the concept.

      --
      When information is power, privacy is freedom.
    5. Re:the facts of the case by Anonymous Coward · · Score: 1, Insightful

      I have a question that isn't intended to be loaded; I genuinely want to know what your position is. In the past, racial discrimination laws (e.g. segregation) may have made some of the morally justified actions of people of color illegal. Do you feel it is your duty to convict them if the law is thus? If not, what is fundamentally different about Mr. Watt's case? It seems to me that the jury had the opportunity to prevent further suffering of a person whose only crime followed police provocation, yet you followed the letter, and not necessarily the spirit of the law. At what point of injury do you start to consider the results of your decision as part of the decision making process?

    6. Re:the facts of the case by MurphyZero · · Score: 4, Insightful

      The 6 points do establish that the border patrol agents gave conflicting orders (2 and 3+4). From that, the fact that Watts asked for an explanation. The officer that was ordering him to the ground was conflicting the order from the first officer. An explanation would be appropriate as officer #2 is asking him to violate an order from officer #1. From such, asking for an explanation is an aid to the officers not a non-compliance, in fact it was Beaudry that resisted the actions of the first officer. As a juror, I would have found as such and therefore Watts was not guilty.

      --
      Our founding fathers removed the guys in charge. Be American. Vote incumbents out.
    7. Re:the facts of the case by Bigjeff5 · · Score: 3, Insightful

      I don't know if you know this, but refusing to comply with a law enforcement official has a couple hundred years precedent stating that it amounts to criminal behavior.

      As the juror said, two wrongs don't make a right. If you want to screw the cops, you behave like a model citizen and then sue the shit out of them when they abuse their position.

      then the jury failed utterly to do its job.

      I'm guessing you've never been on a jury before, and so have absolutely no idea what a jury is there for. Juries don't know the law. They aren't expected to. That's what the Judge is for. Judge and Jury act as two sides of the same coin. The Judge knows the law, but does not have the right to decide whether or not the law has been followed - that right is reserved for a jury of the defendant's peers. This is for the defendant's protection, as no man should have the power to be judge and jury.

      So the Judge explains the decision making elements of the trial to the Jury, these are always extremely specific. He also explains that the ONLY things the Jury is to consider are elements directly related to the charges being prosecuted. The Judge is then there to handle the procedural side of the trial while the Jury listens. The officers were not on trial, Peter Watts was. There was absolutely no way for the Jury to consider the officer's conduct, their conduct was not on trial. Extenuating circumstances only come into play at sentencing, but they won't let you off the hook for committing a crime.

      As much as you may not like it, not complying with an officer of the law is a crime (get out of the car, get down on the ground, put your hands on your head, etc), and Peter Watts definitely committed a crime in refusing to obey the officers. Now, he should be able to press charges against the officers for assault, but then it's up to the Prosecutor to bring a case against the officers. If they don't, he is free to sue the Attorney General's office, the Border Patrol, and the State for justice.

      That the police assaulted him does not mean he gets to break the law, it means both he and the police broke the law and should be tried separately.

      In other words, if you think this should have ended in jury nullification, you are a buffoon.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    8. Re:the facts of the case by jimrthy · · Score: 1

      This is exactly why it's the responsibility of people who know about the concept to spread it as far and as wide as we can.

      The "jury of our peers" is the last defense Americans have against a government that's pretty much turned into a police state.

    9. Re:the facts of the case by CODiNE · · Score: 2, Interesting

      Peter is lucky he isn't deaf. That could have ended a LOT worse.

      --
      Cwm, fjord-bank glyphs vext quiz
    10. Re:the facts of the case by zippthorne · · Score: 1

      Somehow I doubt the jury were informed of the full scope of their rights and responsibilities. Further, the selection process being what it is, you can't say, "they should've known about it" since there very well could've been people who did know, but were rejected.

      --
      Can you be Even More Awesome?!
    11. Re:the facts of the case by ChipMonk · · Score: 5, Insightful

      no man should have the power to be judge and jury.

      Nonsense. Any single juror can pronounce the defendant "not guilty," and it would have the force of law behind it. Same goes for a summary judgment of "not guilty" from the bench, or a refusal by the assigned judge to hear the case. There has to be full agreement between the grand jury, the judge, and the petit jury for a conviction. That's at least 25 people, maybe more if there's more than 12 grand jurors.

      As for "only Peter Watts was on trial," the answer for that is simple. Ask all the jurors, "Faced with the same situation, would you have done the same thing? And if you did, could you still see yourself as a law-abiding citizen?" Any one juror answering "yes" to the second question would mean an acquittal.

      When two police officers are giving contradictory orders, as in this case, and the result is a charge of "failure to comply," it's entrapment, pure and simple. The shocking thing is, as I type this, I see no mention of the term on here, in well over 100 comments.

    12. Re:the facts of the case by Sir_Lewk · · Score: 3, Informative

      http://en.wikipedia.org/wiki/Jury_nullification

      Every citizen eligible for jury duty should know about this.

      --
      "linux is just DOS with a UNIX like syntax" -- Galactic Dominator (944134)
    13. Re:the facts of the case by Hubbell · · Score: 1

      I'm just going to come out and say it for everyone else. You and the rest of jurors are useless fucking assholes and one of the main reasons I hope to god I never have to face a jury of my 'peers' I don't even need to explain why your explanation makes this case even more fucked up because it should be clear as day to anyone who read your post.

    14. Re:the facts of the case by Anonymous+Cowpat · · Score: 4, Insightful

      I believe your description of the trial and deliberations is more accurate than you could know. As a non-conformist and “libertarian” (who has had some experiences not unlike yours) I was not comfortable with my vote, but felt deep inside that it was consistent with the oath we took as jurors. I believe nearly all the jurors searched for a legitimate reason to vote differently. In the end it came down to the question “Was the law broken?”. While I would much rather have a beer and discussion with you than Officer B. I never the less felt obligated to vote my conscience. I also believe most, if not all, the jurors sincerely hope that you are handled with a great degree of leniency, we, unfortunately have no say in that matter.

      I'm not sure if you're quoting (I've seen that exact block of text in 3 places now), or if you're actually saying it. Here's is my response.

      I was not comfortable with my vote

      I also believe most, if not all, the jurors sincerely hope that you are handled with a great degree of leniency, we, unfortunately have no say in that matter.

      Actually, you do. Or, rather, you did, until you threw it away by not putting the khybosh on the case (by doing what you admit that you thought was right) by refusing to convict.

      but felt deep inside that it was consistent with the oath we took as jurors.

      I'm glad to see that you put your oath (aka some words that you said) ahead of justice. Quoth Einstein "Never do anything against conscience even if the state demands it."

      I believe nearly all the jurors searched for a legitimate reason to vote differently.

      Peter Watts was confused and disorientated by conflicting orders, 2 punches in the face and pepper spray. It is not certain that he was physically or mentally capable of immediately processing and obeying he instruction when given.
      That took me around 20 seconds to think of - what the hell were you doing that 12 of you couldn't figure it out over a period of several hours?
      On a related note, you don't NEED to find a reason why you should do the right thing. What you've just said is "we couldn't find a reason to justify doing the right thing, so we did the wrong thing"

      In conclusion, you're a fool who utterly failed to discharge his duty as a juror properly, and has significantly harmed an innocent man as a result.

      --
      FGD 135
    15. Re:the facts of the case by Anonymous Coward · · Score: 2, Insightful

      searched for a legitimate reason to vote differently

      There are three things on trial in any trial such as this. Both offense/defense and the law itself. You decided that the law was not on trial, fine (btw it should be). You do not have to 'vote' what the law says. That is why there is a jury trial. Seriously? You convicted him? At step 5 he is asking why he is being 'charged'. You basically sentenced this dude to 2 years of jail. For standing up and asking 'what the fuck are you doing'. If someone had just smashed me in the head I wouldnt exactly be all calm and ready to comply with anyone who did that. Neither should you. You *LET* them punish someone for not being a good citizen and following the rules. Let me be probably one of many who say it here. You suck. But what do you care you got home in time to rattle of some pithy remark here on slashdot.

      The day we are asked to 'just conform' is the day we are asked to ignore this http://www.usconstitution.net/const.html#Am1 and http://www.usconstitution.net/const.html#Am5

    16. Re:the facts of the case by emj · · Score: 1

      That's bullshit, an action is only relevant in its context. Asking "What's the problem" is not the same as "Not complying". But hey I don't have enough facts to say anything, but from what was presented I see no reason to talk about not complying.

    17. Re:the facts of the case by Attila+Dimedici · · Score: 4, Insightful

      I'm guessing you've never been on a jury before, and so have absolutely no idea what a jury is there for. Juries don't know the law. They aren't expected to. That's what the Judge is for. Judge and Jury act as two sides of the same coin.

      The jury is there is part to decide if the law should apply in this case. If we just wanted people to decide if the law had been followed, we would be better served by creating professional juries who were trained in the law. Lawyers (and judges are lawyers) don't want the general populace to understand this because it reduces the importance of their carefully written laws that require years of study to understand what they mean. The purpose of juries is to decide if the defendant has committed a crime, regardless of what the law says. The justification for the judges' very strict instructions is that the jury's discretion is only supposed to work one way: find the defendant not guilty even if he violated the letter of the law, if the jury thinks the defendant is guilty of what should be a crime but did not violate the letter of the law, they are supposed to find him not guilty.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    18. Re:the facts of the case by Blakey+Rat · · Score: 2

      I'm guessing you've never served on a jury.

      The jury's job is to decide if the law was broken. Period. They don't get to "make allowances" for how nice people are, they get zero say in the sentencing.

      I had a similar experience where I had to vote guilty to a guy who I don't believe deserved the punishment the court would be required to hand down, but there was nothing else I could do... he did break the letter of the law.

    19. Re:the facts of the case by spammeister · · Score: 1

      I can't wait until the day karma comes and bites you in the ass for an even more trivial matter, and then you get the death penalty. Lot's of tears from me.

      --
      I tried to think of a good sig, and this wasn't it.
    20. Re:the facts of the case by misexistentialist · · Score: 1

      Fuck precedent, inaction is not crime. The people make the laws, and whatever legal technicalities a judge wants to follow, sentient people would not find what Watts didn't do criminal. Resisting police might be a legitimate add-on charge, but as a sole charge it is ridiculous and it is the responsibility of the judge to dismiss the charge or the duty of the jury to nullify it.

    21. Re:the facts of the case by Anonymous Coward · · Score: 0

      until you threw it away by not putting the khybosh on the case (by doing what you admit that you thought was right) by refusing to convict.

      More harm has come from people following their own idea of what "moral" is than anything else (ie; "the road to hell is paved with good intentions"). Whilst in this case it is obvious that the defendant was the victim, you're setting a dangerous precedent and encouraging a dangerous attitude. Obligatory slashdot hypothetical - what if the defendant went around beating up gay people, and the highly religious juror/s "did the right thing" by refusing to convict someone "who's doing God's work"? The whole reason jurors are instructed to rule based on the letter of the law is to stop exactly this kind of thought. There are a LOT of bizarre thoughts of what is right and wrong out there, you don't want to trust your life to them. It sucks, but I'd rather have to follow an insane law than rely on the sanity of the average person, as anyone who's met "the average person" would.

    22. Re:the facts of the case by Anonymous+Cowpat · · Score: 1

      you're right that a person with a warped sense of right & wrong would throw a spanner in the works. But I'd rather someone let an injustice stand because they had a warped sense of right & wrong and voted with their conscience, than a new injustice be done on someone with the full authority of the courts because a person with a non-warped sense of right & wrong voted against their conscience.

      --
      FGD 135
    23. Re:the facts of the case by Anonymous Coward · · Score: 0

      I don't remember when I was conscripted into a military where I have to "obey" orders from some guy just because they are wearing a uniform. Talk about who is the buffoon -- you are for believing that shit. You can hand over your liberty to others. Keep your hands off mine.

    24. Re:the facts of the case by LordLucless · · Score: 2, Insightful

      They don't get to "make allowances" for how nice people are, they get zero say in the sentencing.

      No, they do. Juries get to decide whether there will even be a sentancing, by voting either Guilty or Not Guilty. Juries are not required to give a reason for their vote. Although often the judge will tell them they can only consider the law, this is not the case, and has not been since the inception of America.

      Juries have the right to vote Not Guilty for no other reason than the promptings of their own conscience. The fact that officers of the court routinely try and suppress knowledge of this right is an indication of the fact that they know the law is going against what the common man believes is right.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    25. Re:the facts of the case by Anonymous Coward · · Score: 0

      Regardless of your opinion (which I couldn't care less about, "big jeff" -- which means you probably have a teeny peeny and haven't gotten over it yet), I would have voted "not guilty" out of sympathy for his situation and the fact that he did nothing wrong. Blindly following police is a great way to get fucked in the end. Police are cowards and often abuse those who can't defend themselves. They earn the name "pig" every day with their actions.
      Perhaps you are a pig too? Oink to you then, and may you get what you deserve one day.

    26. Re:the facts of the case by Anonymous Coward · · Score: 1, Insightful

      But I'd rather someone let an injustice stand because they had a warped sense of right & wrong and voted with their conscience, than a new injustice be done on someone with the full authority of the courts because a person with a non-warped sense of right & wrong voted against their conscience.

      This is obviously where we differ. The whole idea behind the current system of law and governance is that the average person has at least some modicum of control over the system (although I'll readily admit that it's a huge joke at the moment; a choice between the equal of two evils). Contrast that with someone's sense of morality - you have absolutely no control over that. You can argue and argue until you're blue in the face, and people will still believe what they will (incidentally, I'm not arguing to convince you - it's futile, I'm arguing to convince any undecided readers). Moreover, unlike the law, there's no safety nets over what people believe - not even self-interest. There are suicide bombers, Scientology followers, liberal WASPs/minority conservatives, people who stay in horribly abusive relationships, and all manners of other self-flagellating beliefs.

      The other major advantage of the law is that it's known ahead of time. I guess it becomes a question of whether you'd prefer to know whether you're going to get screwed or not, but I always say that if you know you're going to get screwed, you can at least try to do something about it. If I end up with in front of a jury of people who strongly disagree with my lifestyle (For a nerd, I'm pretty standard, but let's pretend I'm not ;)), you better believe I want them following the letter of the law, because I would have tried to act in accordance with whatever asinine law I'm charged with - ie, something that I can control. To put it (yet another) way, it's the reason vigilantism is so highly frowned upon. Many victims of vigilantism deserve what they get (see the Chinese Human-Flesh Searches), but vigilantism is still discouraged because an unregulated mob can't be trusted to temper their emotions, so you end up with punishments in gross excess of the crime at best, and wrong convictions at worst. What you advocate is technically a form of vigilantism - subverting existing judicial systems to apply justice as you see fit.

      Finally,

      But I'd rather someone let an injustice stand because they had a warped sense of right & wrong and voted with their conscience

      If my sense of 'right and wrong' is that the letter of the law is a better metric than my emotion, then surely my actions would be right in your book (NB: the reciprocal is not true), even though (from your perspective) they're warped? Perhaps it seems foreign to you that someone can defer their emotions to a logic or rules to such an extent than it feeds back into their conscience - but I've been saying this whole time that people believe the craziest thing (so from your perspective, I'm walking proof).

    27. Re:the facts of the case by Anonymous Coward · · Score: 0

      When serving on a jury, you make whatever allowances you want -- for how nice people are or how you sympathize with them or not -- when determining how you vote. You just can't come out and say that. If you like the person or think it's a bullshit charge, you say that the prosecutor did not prove their case. Sometimes you have to judge the process, judge the judge, and do what you think is right.

      Sounds like you regret your decision. Maybe if you'd manned up a little you wouldn't regret it. I sleep fine at night.

    28. Re:the facts of the case by zenasprime · · Score: 1

      The whole point of having a jury of your peers is such that they CAN vote against what the law might state if they believe that it is not ultimately just. *sigh*

    29. Re:the facts of the case by Anonymous Coward · · Score: 0

      What a ridiculous cop-out. You fail at the entire process. You're supposed to do what is right. In this case that was clearly refusal to convict.

      My hope is that one day you're in his shoes, and while it's clearly obvious to everyone why you did what you did, you are convicted on a technicality and later assraped in prison.

      Your mama should have bought you dresses. Then you could have just given up on the whole "man" thing -- because you suck at it.

    30. Re:the facts of the case by Onymous+Coward · · Score: 1

      That sounds like a way to fuck up the system. Especially one that accretes effect through precedence.

      If there isn't a way to respond directly to the faults of process or the faults of the laws themselves, the system is screwed, change it.

      Otherwise, if you wedge your opinions/judgements into parts that weren't designed to receive them, you're warping how the system is intended to work and you had better be clear on the potential outcomes.

      "I needed some place to record the credit card number and the address field had extra room..." Train wreck under construction.

      I'm out of my depth with the topic of law here, but this is a general phenomenon we should be aware of.

    31. Re:the facts of the case by roystgnr · · Score: 1

      refusing to comply with a law enforcement official has a couple hundred years precedent stating that it amounts to criminal behavior

      A couple hundred years? At least several thousand. Ironically, it's been in the last few hundred years that we've made the most progress against the idea that one class of people can give orders without justification to another class of people who must obey without exception.

    32. Re:the facts of the case by Onymous+Coward · · Score: 1

      Regarding the application of the actual power you have as a juror to acquit or convict despite or in disregard to your belief of the applicability of law in the case... You really should be aware of the possible effects / consequences. Reading about jury nullification appears to be a good way to learn more.

      http://en.wikipedia.org/wiki/Jury_nullification

    33. Re:the facts of the case by Anonymous Coward · · Score: 0

      The whole point of having a jury of your peers is such that they CAN vote against what the law might state if they believe that it is not ultimately just.

      Then why are juries always told to vote on the letter of the law, and explicitly to disregard certain things? Why would there be such a thing as "jury nullification" if juries were to vote on their consciences? I don't know who told you that nonsense, or what TV shows you've been watching, but if you ever served on an actual jury you'd know that that simply isn't true. The jury exists to give the court systems accountability - it's the 'checks and balances' interface between courts and the people, so the court doesn't become an elitist 'opaque box of justice'. The proper outlet for correcting unjust laws is not the jury box, it is the ballot box (and the soap or ammo box if it gets that bad).

    34. Re:the facts of the case by zenasprime · · Score: 1

      Um...

      "Jury nullification occurs when a jury in a criminal case acquits a defendant despite the weight of evidence against him or her. [1] Widely, it is any rendering of a verdict by a trial jury which acquits a criminal defendant despite that defendant's violation of the letter of the law--that is, of an official rule, and especially a legislative enactment. Jury nullification need not disagree with the instructions by the judge--which concerns what the law (common or otherwise) is--but it may rule contrary to an instruction that the jury is required to apply the "law" to the defendant in light of the establishment of certain facts." (http://en.wikipedia.org/wiki/Jury_nullification)

      Either you misunderstood what I was saying or you totally have a misunderstanding of Jury Nullification.

      Anyway... something about "hell in a handbasket".

    35. Re:the facts of the case by Anonymous Coward · · Score: 0

      The only possible ambiguity in your post was your use of the word "just", which I took to mean "per conscience" or "per common sense" (rather than "per the letter of the law", as the two are not in perfect intersection for all values of conscience). Put simply, there are only two ways that a juror can vote - by letter of law, or by individual conscience. And your quoted definition of Jury Nullification only agrees with what I'm saying, which is that the jury can be biased and are fallible. In your above post, you state that the jury exist to provide conscience. That logically demands that the jury's decision is unquestioned and infallible, because there's no way to verify someone's conscience beyond their word. It's absurd to say "your verdict is wrong because it's not what you really feel" (why on earth would you vote against yourself, and how on earth could someone prove it even if you did?). But it's not absurd to say "your verdict is wrong because it contradicts law or fact" (which is what Jury Nullification is).

      but it may rule contrary to an instruction that the jury is required to apply the "law" to the defendant in light of the establishment of certain facts.

      If they're voting by conscience, and conscience doesn't intersect with the letter of law, then they're disobeying instructions to vote per the letter of the law or the facts of the case, and are eligible for jury nullification (by your definition quote). I'm really not sure where you see the contradiction. Jury nullification is the striking down of a jury's vote because it disregards legal process. How could the law possibly say "Do not vote against the law" more clearly than passing a law that says, "Do not vote against the law or we will disregard you"? Which part of my reasoning fails to prove that Jury Nullification isn't a direct and concerted attack on non-letter-of-the-law-voting jurors?

    36. Re:the facts of the case by Maxo-Texas · · Score: 3, Insightful

      The reason a jury of your peers is involved is so they can refused to return a guilty plea if they think the crime wasn't committed, was justified, or the law is bogus.

      The legal system has been so corrupted that following the laws as written just means you are screwed. Hell, they've probably executed a couple hundred innocent people at this point.

      Every time you serve as a juror (as i will next week), you protect your right to jury nullification. If they ask you questions about your beliefs on it (or "will you follow the law as written") then your correct answer is that you will do so. And then once you are on the jury- do what is right- do what is just.

      Don't argue jury nullfication in the jury room and do not tell any other juror you believe it . Simply say, "not guilty- not convinced- not sure- but not guilty".

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    37. Re:the facts of the case by zenasprime · · Score: 1

      Let me preface what I'm going to say with this, that's a lot of jibber jabber you just wrote and to be quite honest I'm not sure what all your logical wraglings are all about. That said, you either don't understand what it is I am saying (and doubly so with my quoted text), or if you don't believe that a jury should have the right and duty to vote their conscience, then just say so.

      Anyway, to address your points...

      "The only possible ambiguity in your post was your use of the word "just", which I took to mean "per conscience" or "per common sense" (rather than "per the letter of the law", as the two are not in perfect intersection for all values of conscience)."

      You are correct in your assumption.

      "Put simply, there are only two ways that a juror can vote - by letter of law, or by individual conscience. And your quoted definition of Jury Nullification only agrees with what I'm saying, **which is that the jury can be biased and are fallible.**"

      Huh? I'm not sure I really understand your simply put statement. Are you implying, by your choise of the words "biased and fallible", that anyone who votes their conscience, rather then the letter of the law, is performing their duty as a jurer in some negative and therefore unacceptable fashion?

      "In your above post, you state that the jury exist to provide conscience."

      Yes, in that it is my belief that the machine of the state REQUIRES the counter balance of human intuition.

      "In your above post, you state that the jury exist to provide conscience. That logically demands that the jury's decision is unquestioned and infallible, because there's no way to verify someone's conscience beyond their word. It's absurd to say "your verdict is wrong because it's not what you really feel" (why on earth would you vote against yourself, and how on earth could someone prove it even if you did?). But it's not absurd to say "your verdict is wrong because it contradicts law or fact" (which is what Jury Nullification is)." ...and this is where you loose me. I mean WTF are you talking about?

      "... I'm really not sure where you see the contradiction. Jury nullification is the striking down of a jury's vote because it disregards legal process..."

      Actually that's not at all what Jury Nullification means but who am I to argue with your preconceived notions.

      Thanks for playing.

    38. Re:the facts of the case by Jah-Wren+Ryel · · Score: 1

      If there isn't a way to respond directly to the faults of process or the faults of the laws themselves, the system is screwed, change it.

      Jury nullification is part of the system for precisely that reason. No codified system of any reasonable complexity, never mind one approaching the size of the US legal system can be perfect or even close to perfect. Nullification is one of the means by which the system corrects itself.

      --
      When information is power, privacy is freedom.
    39. Re:the facts of the case by Corbets · · Score: 1

      The way I read it, the officers did not give contradictory orders; they gave orders that, had they been delivered at the same time, would have been contradictory. Get into the car; pause; get out of the car is stupid, but not contradictory.

      You're writing an emotional response to the GPs clear and insightful explanation. The law was broken (stupid though it may be in this situation), and Watts was guilty of it. Allowing a jury to determine whether the law *should* be followed or not undermines the criminal justice system, and is a bad suggestion.

      Now, I grant you, there's much about the system that needs to be changed, but you don't do it by tossing the baby out with the bathwater.

    40. Re:the facts of the case by TapeCutter · · Score: 1

      So Beaudry assulted him for obeying the orders of the first officer and then gave a contradictory order, then when he askes for an explaination he is given another order and a dose of capsicum by the first officer. To make matters worse the two officers then conspired to lie about being attacked by Watts.

      If a pedantic DA saw fit to charge Watts for the crime of disobedience when he was in a state of confusion created by the officers contradictions and a punch to the head then the obvious question is; when will the same pedantic DA be charging the two officers with the multitude of apparent crimes such as assult, battery, perjury, conspiring to pervert the course of justice, etc?

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    41. Re:the facts of the case by Anonymous Coward · · Score: 0

      WTF are you talking about?

      I'm sorry, it did seem a bit convoluted and redundant when I posted it, but I couldn't think of a logical starting point for this. I'll give it another go ;).

      Huh? I'm not sure I really understand your simply put statement. Are you implying, by your choise of the words "biased and fallible", that anyone who votes their conscience, rather then the letter of the law, is performing their duty as a jurer in some negative and therefore unacceptable fashion?

      This is my hypothesis; that the existence of Jury Nullification proves the fallibility of jurors, at least in the eyes of the law. Personally, I feel that people should be aware that they have biases and failings, and should therefore defer to a shared framework which can be empirically proved or disproved wherever possible (whether that be law, reason, fact, or otherwise) - but that's neither here nor there. What we're talking about is how the law sees things, and how a jury must act if they are to obey the law (an unlawful jury is as useless as a windshield wipers on a sub).

      ..and this is where you loose me.

      Axiom:

      1. Sux-axiom: When someone says "this is what I feel, this is my conscience", you have to believe them. (Do you deny this?)
      2. Therefore, you cannot prove they're being un-conscientious.
      3. Conclusion: A conscientious jury always votes to their conscience.

      Argument:

      1. Assume your hypothesis - that a jury exists to provide conscience
      2. Required implication: A judge must prove the jury are failing their duties in order to nullify them - the alternative to this implication is legislated corruption, which means ditch the jury box, it's time for the ammo box.
      3. As per above axiom, the jury is always conscientious.
      4. Therefore, assuming the hypothesis, the jury is always correct in the eyes of the law
      5. Therefore, a consciencious jury cannot ever be ruled as incorrect, or have its verdict nullified.
      6. But Jury Nullification rules a jury's decision incorrect; and a jury cannot ever be both correct (#3) and ruled as incorrect ("Jury Nullification"). Proof by reductio ad absurdum.

      Simply put, 'jury nullification' and 'juries intended for conscience' are mutually exclusive beings. Since we live in a world with 'jury nullification', we don't live in a world with 'juries intended for conscience'. I really don't know how else to explain this.

      Actually that's not at all what Jury Nullification means but who am I to argue with your preconceived notions.

      Not at all; you imply I'm being maliciously obtuse - I'm not. I simply don't see proof that the law desires conscientiousness in its juries, but I see enough evidence to prove the opposite. (I'd like to add that we've conveniently ignored that a jury is explicitly told only to consider the law and the facts, and I can tell you from first hand experience that this is so). Though I'd like to be disproved, because then I won't have wasted this time typing.

    42. Re:the facts of the case by Jeremi · · Score: 3, Informative

      Allowing a jury to determine whether the law *should* be followed or not undermines the criminal justice system, and is a bad suggestion.

      And yet jury nullifications can and do happen. So clearly juries are 'allowed' to use their own criteria if they choose to, at least in the sense that there is no way to stop them from doing so.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    43. Re:the facts of the case by Jeremi · · Score: 1

      then the obvious question is; when will the same pedantic DA be charging the two officers with the multitude of apparent crimes such as assult, battery, perjury, conspiring to pervert the course of justice, etc?

      I'd tell you the obvious answer, but you can probably guess it for yourself. :^P

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    44. Re:the facts of the case by Baki · · Score: 1

      Stories like this confirm me to never enter the USA. I'll stay in europe and may visit Canada, but entering the USA is just too risky. There is no rule of law anymore but you are delivered to random powers.

      It is amazing that US citizens have allowed and continue to allow the abolution of rule of law.
      Of course this fits in nicely with guantanamo bay.

    45. Re:the facts of the case by the_womble · · Score: 1

      As much as you may not like it, not complying with an officer of the law is a crime (get out of the car, get down on the ground, put your hands on your head, etc), and Peter Watts definitely committed a crime in refusing to obey the officers.

      Regardless of how unreasonable what you are asked to do is? There was no reason to humiliate him by making him lie on the ground.

      If you accept that you have to do what ever the cops tell you to, where do you draw the line? "Lie down", "lick my boots", "give me a blow job"?

      I think this case made up my mind for me: I am NEVER visiting the US. If a perfectly reasonable person, behaving in a perfectly reasonable way can get sent to jail for not being willing to humiliate themselves, the country is crazy like Zimbabwe.

    46. Re:the facts of the case by mpe · · Score: 1

      As the juror said, two wrongs don't make a right. If you want to screw the cops, you behave like a model citizen and then sue the shit out of them when they abuse their position.

      Which is itself utterly daft. In what other situation would it be acceptable to sue the employer of someone who committed a criminal act?

    47. Re:the facts of the case by mpe · · Score: 1

      When two police officers are giving contradictory orders, as in this case, and the result is a charge of "failure to comply," it's entrapment, pure and simple.

      It might better be described as a "Kobayashi Maru senario".

    48. Re:the facts of the case by Anonymous Coward · · Score: 0

      When two police officers are giving contradictory orders, as in this case, and the result is a charge of "failure to comply," it's entrapment, pure and simple. The shocking thing is, as I type this, I see no mention of the term on here, in well over 100 comments.

      Entrapment is the act of being lured into an illegal activity which you would not otherwise have become involved in AND without being given the option to comply with the law.

      He should not have exited the vehicle to begin with. This is not why he was found guilty.
      Yes, he got back in the car when ordered, and got back out when ordered.

      Here's where your reading comprehension appears to have utterly failed. At this point, outside the car, he was told to lay on the ground. HE REFUSED TO COMPLY. At THIS POINT he willingly and knowingly refused the direct order of a border agent, and it was THIS lack of action that led to his conviction.

      Had he laid on the ground, he would have been found not guilty (if he was even charged).

      This ruling does not prevent him from suing, or charges from being filed against, the officers.

    49. Re:the facts of the case by ArsenneLupin · · Score: 1
      Didn't you hear about jury nullification.

      Well, it is understandable that the judge won't tell you about this (although, as a jury it is your right to both judge the accused and whether the law accusing him is just), it amazes me that a Slashdot reader could not be aware of this.

    50. Re:the facts of the case by Anonymous Coward · · Score: 0

      The jury's task was to decide if it was just to convict that man or not. You pretend to be 'tool of the law', right? Law is written with an honest & just law enforcement in theory. Lawyers' job is to skew the logic & arguments so they can present specific sides of events. Your job is to make the decision, BASED on the rules & the facts/evidence/whatever is said in the court. Now if the law enforcers acted like jerks, that MIGHT have affected the cooperation of Watts, so it's not a DRY 'He did not comply' fact. So the above amounts into a load of bullshit as an excuse of the type "I did my job as I should, I'm sorry". Yeah, right, bravo.

    51. Re:the facts of the case by Anonymous Coward · · Score: 0

      I am glad that I am not an American. With all the talk of "freedom" and "justice" in America, you, as a juror, won't even use your common sense when convicting an innocent citizen of a ridiculous criminal charge. The US has already turned in a police state, plain and simple.

      Look at what you had written! See #4 - he was physically abused without cause (well, except daring to request an explanation from the police). And what's more, the police fabricated charges against an innocent man that they had just physically abused and pepper-sprayed without cause.

      And, you, as a juror, when given the chance to use your own common sense to give a just "not guilty" verdict, instead, you just folded like a sheep and "follow the instructions as set forth to us by the judge." You should be ashamed of yourself. Because of you, an innocent fellow citizen now has a criminal record, and the wrongful police office who had physically abused and fabricated charge against an innocent citizen walks free and had a pat on his back from your verdict.

      If the only duty of a jury is just "follow the instructions as set forth to us by the judge", then I wonder what's the purpose of having a jury at all.

    52. Re:the facts of the case by honkycat · · Score: 1

      Any single juror can pronounce the defendant "not guilty," and it would have the force of law behind it.

      Not in the most places in the US he can't. The jury has to be in unanimous agreement for either conviction OR acquittal. One juror can at best produce a mistrial, which is not the same as an acquittal.

    53. Re:the facts of the case by Onymous+Coward · · Score: 1

      Jury nullification is part of the system for precisely that reason.

      That makes it sound like it's by design. Certainly it's useful for the purpose of changing the system, but it doesn't seem to have been intentionally included.

    54. Re:the facts of the case by Fnord666 · · Score: 1

      Any single juror can pronounce the defendant "not guilty," and it would have the force of law behind it.
      "snip"
      Any one juror answering "yes" to the second question would mean an acquittal.

      Sorry, but no. In the US the decision of the jury must be unanimous. That decision can be for acquittal or for conviction, but those are the only definite conclusions. A jury that cannot reach a unanimous decision only results in a mistrial, not an acquittal. The prosecution is free to start over if they so desire.

      When two police officers are giving contradictory orders, as in this case, and the result is a charge of "failure to comply," it's entrapment, pure and simple.

      Entrapment has a very specific legal definition.

      From lectlaw:
      ENTRAPMENT
      A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.

      --
      'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
    55. Re:the facts of the case by ChipMonk · · Score: 1

      From your own post: "a crime that he had no previous intent to commit". So, if the Watts case is not entrapment, then he went into the situation intending to commit a "failure to comply" crime.

      Sorry, I'm not buying that. He was given contradictory orders. No matter which officer he complied with, he was "failing to comply" with the other one. That fits the entrapment definition you quoted. Even the link you provide shows no reason why this case doesn't constitute entrapment.

    56. Re:the facts of the case by IgnoramusMaximus · · Score: 1

      Juries don't know the law. They aren't expected to.

      This alone nullifies the entire so-called "justice" system and is pretty much a license to a violent revolt. If juries do not (cannot in fact) know the law (because no one is capable of following the byzantine religious scripture that makes the Complete Encyclopedia Britannica look like a single copy of Cliff Notes) and at the same time the old canard of "not knowing the law is not an excuse" is applied to the defendant ... well, you work it out.

      But this of course is a historical constant. Every corrupt political regime had this going on, Hitler and Stalin had their show trials, South American tin-pot dictators had their kangaroo courts, Middle-eastern "royalty" have their "creative" interpretation of Sharia law complete with hand-picked judges ... and the USA (and some other Western nations) have their multi-trillion-dollar "legal industry". In fact I think a tin-pot tyrant with his military "courts" is preferable because his ham-handed, crude method of application of evil is so obvious as contrasted to the oh-so-refined (and how profitable!) way of dispensation of evil that the Western "justice system" has evolved into.

    57. Re:the facts of the case by IgnoramusMaximus · · Score: 2, Insightful

      Allowing a jury to determine whether the law *should* be followed or not undermines the criminal justice system, and is a bad suggestion.

      That is because all laws are Divine and Unassailable, clearly. For example, a law (of the time) stating that if a dark-skinned-non-person dares to drink from a water fountain clearly labeled "Whites Only" requires to be whipped witin an inch of his/her life, the only option of the 12 law-abiding Citizens in the jury box is to (oh-so-sorrowfully, tear-dropping-regretfully) convict.

      Cue in a reporter interviewing juror "Corbets" after he steps out of the court-house and onto the square with the whipping-post: "Well, we didn't like it ... [muffled due to the sound of the whip and screams of agony in the background] .... but ... but ... the law" - here Corbets straightens up and puts his fist on his heart and his eye gleams - "said so. We had no choice. If we did not, the entire criminal justice system would be undermined!" - a visage of fear and terror enters Corbets' (and the reporter's) face at this ghastly thought ...

      And then great cheering and applause from assorted Fascists and KKK members all around for jury-man Corbets raises from the lynch-mob on the square - for the great man Corbets understood that it is the letter of the law, not some flimsy concepts of "justice" or "right and wrong" that counts!

    58. Re:the facts of the case by geminidomino · · Score: 1

      As the juror said, two wrongs don't make a right. If you want to screw the cops, you behave like a model citizen and then sue the shit out of them when they abuse their position.

      Which is itself utterly daft. In what other situation would it be acceptable to sue the employer of someone who committed a criminal act?

      When said employer is the one who gave them the means for the abuse committed, and allowed it to continue. Happens all the time, actually. Sexual Harassment, wrongful death, etc...

    59. Re:the facts of the case by zenasprime · · Score: 1

      Jury Nullification does not mean what you think it means. You seem to be implying that Jury Nullification is a process by which a jury's verdict is "nullified" in some manner, which just isn't the case. I'm not sure what else I can say. Please go to the wikipedia page that I linked to previously. It clearly defines the Jury Nullification process. Specifically... "Jury nullification occurs when a jury in a criminal case acquits a defendant despite the weight of evidence against him or her."

      There is no questioning whether or not this process exists within the US court system, only a debate as to whether or not it is a desirable. I'm not sure what else I can say.

    60. Re:the facts of the case by zenasprime · · Score: 1

      I would just like to add that the issue I was previously trying to state was that as a juror it is your RIGHT and DUTY to vote your conscience should the law be "wrong" in the particular case you are participating in. The case mentioned in this topic is precisely just such a case and it was unfortunate that the jurors were not aware that it was their RIGHT and DUTY to vote their conscience. It seems that they were not informed of this fact and that this is a major point of contention in the Jury Nullification debate whereby a defense team is not permitted to notify the jury of such.

      In my opinion, justice was not served in this case and it is a travesty that such a thing should happen in our supposedly free state.

    61. Re:the facts of the case by Jah-Wren+Ryel · · Score: 1

      That makes it sound like it's by design. Certainly it's useful for the purpose of changing the system, but it doesn't seem to have been intentionally included.

      That is your own bias talking. What, precisely, does it take to be "intentionally include?" Historical usage in the English common-law system? A ruling by the SCOTUS that it is a right of the jury?

      --
      When information is power, privacy is freedom.
    62. Re:the facts of the case by Onymous+Coward · · Score: 1

      Which is my bias talking? My perceiving a seeming lack of intentionality in jury nullification's inclusion in the legal system? Hm. I hadn't thought of that belief as being a matter of bias... And I can't quite think of what bias would have influenced it, so I would invite you to explain any theory you've got on that.

      I'll tell you what I base the belief on. I read the WP article on jury nullification. In particular, the descriptions of how it is a de facto power and quotes like the following:

      The power of jury nullification derives from an inherent quality of most modern common law systems--a general unwillingness to inquire into jurors' motivations during or after deliberations.

      No, convention nor precedent prove design. No, judgement of right to use does not prove design.

      Might I suggest that to perceive the characterizing (of jury nullification as an artifact rather than an intention) as some kind of criticism might be the product of bias or biases? In particular, the biases of expecting me to be a detractor of jury nullification (when in fact I am not) and of having a personal high valuation of jury nullification and a desire that it be promoted (which being an artifact doesn't in fact challenge). So those two misguided biases. Ah, and a misunderstanding. A misunderstanding that design is required for something to be valid or useful.

      I don't think there's any cause to be upset, really, at the idea that the power is an artifact rather than an element of design. In either case its usefulness is retained. In either case its validity and efficacy is unassailed.

    63. Re:the facts of the case by Jah-Wren+Ryel · · Score: 1

      Which is my bias talking? My perceiving a seeming lack of intentionality in jury nullification's inclusion in the legal system? Hm. I hadn't thought of that belief as being a matter of bias... And I can't quite think of what bias would have influenced it, so I would invite you to explain any theory you've got on that.

      Well, when you said that it "sounds like a way to fuck up the system" I assumed you weren't in favor of fucking up the system. My bad.

      In particular, the descriptions of how it is a de facto power and quotes like the following:

      Yeah, that's the thing about wikipedia, especially in articles with those little warning boxes at the top, some things are facts and some things are opinion. That line you cited, that's an opinion. A SCOTUS ruling? That's a fact.

      --
      When information is power, privacy is freedom.
    64. Re:the facts of the case by bap · · Score: 1

      ... not complying with an officer of the law is a crime (get out of the car, get down on the ground, put your hands on your head, ...)

      Take off your clothes, give me a blow job, sign this piece of paper, stick your finger up your ...

      (Hint: the order has to be *lawful*, which in this case, it arguably was not.)

    65. Re:the facts of the case by randyleepublic · · Score: 0

      Amen. Anyone who want to make snide remarks over the use the "sheeple" cliche should really take a good look at this case and the comment of this juror. The only thing that separates this juror from complete ovinity is that at least he had a guilty conscience, and he responded to the disquiet of his conscience by baring his crapulent soul in this forum. The rest of those jurors are fully vested members of the sheepulation.

      --
      Social Credit would solve everything...
    66. Re:the facts of the case by Anonymous Coward · · Score: 0

      Specifically... "Jury nullification occurs when a jury in a criminal case acquits a defendant despite the weight of evidence against him or her."

      Yep. It's essentially like a presidential pardon, but granted in advance by the jury.

      The power exists simply because nobody can tell a juror how to vote. They are free to not convict if they feel the law is unjust.

  28. Would make a great headline by ishmalius · · Score: 5, Funny

    "Watts arrested for resistance"

    1. Re:Would make a great headline by MichaelSmith · · Score: 2, Funny

      Police have too much power.

    2. Re:Would make a great headline by dkleinsc · · Score: 1

      Ohm my, you'll get in trouble when you cover current events like that.

      --
      I am officially gone from /. Long live http://www.soylentnews.com/
    3. Re:Would make a great headline by amiga3D · · Score: 0

      It is necessary for the police to have this power to do their job. The problem is that often they hire the wrong people to do the job. Generally it doesn't pay that well so you end up having to take what you can get. Inevitably you end up with some rotten apples. While Watts was wrong for some of his actions the police should have managed their own behavior better. This ended badly and ultimately both sides are wrong morally but Watts failed to comply with the law. He should be penalized and the officer who struck him in the face should be fired and charged with assault.

    4. Re:Would make a great headline by MichaelSmith · · Score: 1

      Woosh

      (Watts inducing reactance...)

    5. Re:Would make a great headline by Anonymous Coward · · Score: 0

      yeah I agree, there's definitely too much tension.

    6. Re:Would make a great headline by guyminuslife · · Score: 1

      Quick, someone quote Lord Acton!

      --
      I don't believe in time. It's a grand conspiracy designed to sell watches.
    7. Re:Would make a great headline by Dunbal · · Score: 1

      This headline would be under Current events, right?

      --
      Seven puppies were harmed during the making of this post.
    8. Re:Would make a great headline by Anonymous Coward · · Score: 0

      Quick, someone quote Lord Acton!

      Or at least Ampere!

  29. Re:Quite understandable by Anonymous Coward · · Score: 0

    It was the RCMP who murdered the traveller; the border guards and customs and immigration officials just worked to upset him.

  30. Not convicted of assault, only refusal to comply by billstewart · · Score: 1

    One of the jurors in the case commented on Watt's blog that he wasn't convicted of assault, just refusal to comply with the officer's orders. It wasn't clear whether he was also convicted of obstruction, I think not. The juror also commented that he thought the officers acted criminally in their treatment of Watts, but that wasn't part of this court case so they came to no official conclusions.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  31. Only for refusal to comply by billstewart · · Score: 4, Informative

    There wasn't really much argument about whether or not Watts immediately and obediently complied with the order - he says he asked them what they were doing and why. It took the jury about four days to decide that the law said that meant he was technically guilty of not complying. The juror who commented on Watts's blog also said that the cops had acted badly in the way they attacked Watts, but that this case was against Watts and not an assault or brutality case against the cops so they had no official judgement about that.

    --

    Bill Stewart
    New Fast-Compression-only CPR http://preview.tinyurl.com/dy575ks
  32. Re:Quite understandable by Anonymous Coward · · Score: 0

    RCMP, not border guards.

  33. One more reason out of hundreds by Chicken_Kickers · · Score: 1

    One more reason out of hundreds to not go to the US of A, land of the free. I am compiling a list of reasons on why I should never go visit the US. This is just another entry on to the list: asshole paranoid-xenophobic-megalomaniac border officials. I come from Malaysia. My country borders Thailand's volatile southern regions. We have military checkpoints, military road blocks, army bases and soldiers with heavy weapons in APC's patrolling the Malaysia-Thai border. On the side of the Thai border, there are massacres, bombings, shootings and assassinations. Yet, I am treated with professional courtesy while crossing the border to Thailand by Malaysian and Thai Customs officers and back again. Same thing when I cross over to Singapore. This Peter Watts case shows how paranoid and "trigger happy" the US government and people have become, no doubt due to their government's shoot first, cowboy sheriff mentality.

    1. Re:One more reason out of hundreds by Anonymous Coward · · Score: 0

      One more reason out of hundreds to not go to the US of A, land of the free. I am compiling a list of reasons on why I should never go visit the US. This is just another entry on to the list: asshole paranoid-xenophobic-megalomaniac border officials. I come from Malaysia.

      And how are people treated in Malaysia?

      Patricia Lourdes Irene, 54, who was held for a year in 1987, said she was threatened with rape if she did not cooperate. "They said they had raped many times before and I believed them - it was scary," she said. "It is just you and them in a cell, you have everything stacked against you."
      Former ISA detainee Tian Chua, who is now information chief of the National Justice Party (NJP) recalled: "We were routinely tortured during interrogations, stripped naked, beaten with broomsticks and threatened with rape."

      http://www.atimes.com/atimes/Southeast_Asia/GH06Ae01.html

    2. Re:One more reason out of hundreds by Ogive17 · · Score: 1

      Oh give me a break. Just because it hasn't happened to you in Malaysia doesn't mean it never happens. You're going to label an entire country based on one dickhead border patrol agent? On second thought, stay away. We surely don't need any more 'my shit don't stink' people here.

      --
      "Action without philosophy is a lethal weapon; philosophy without action is worthless."
    3. Re:One more reason out of hundreds by Terrasque · · Score: 5, Insightful

      There are a few things:

      1. The border patrol agent is the face of the american government, and thus the face of USA
      2. The agent acted out of line, with physical abuse (punches to the face, unneccesarily maced)
      3. It's caught on camera.
      4. The agent seem to have no consequences from it.
      5. The unlucky victim is found guilty of breaking the law, by essentially asking why he was punched in the face

      Are you still wondering why people react? That guy should be given a public apology, and the border guard should be kicked out.
      Instead, the law (aka government, aka USA) supports him, and criminalizes the victim of the abuse.

      --
      It's The Golden Rule: "He who has the gold makes the rules."
  34. Having experienced US justice... by YankDownUnder · · Score: 2, Interesting

    I obviously grew up and spent most of my life in the US. Michigan is where I hail from. Being from a "poorer" stock than most middle-of-the-road Americans, I saw and experienced a completely different side of the justice system - starting with the police. I have, MANY times, been in a situation where I was assaulted by police, abused, jailed - for literally nothing. I also know from family experience - both my grandfathers were Detroit policemen, several of my uncles were police, marshalls and Feds - that there was at that time (from the 70's) and onwards a "fascist" and "paramilitary" mentality within the multitude of "law enforcement" agencies. Whether or not Mr. Watts is innocent or guilty, no one seems to want to point to the fact that millions (yes, millions) of people on a day to day basis are abused by law enforcement, given unfair trials with uncaring legal support, and have no means by which to be compensated. There are many that are within the penal system that should not be there at all - jailed for menial crimes and/or charges and these people have really no means by which to fight back. As far as the respectability of "the officers on duty", I would start with questioning their personal attitudes. I'm more than well familiar with that particular "border crossing" as well as the "border crossing" in Detroit - for the tunnel and the bridge. Neither of these places is hostile - it's Canada for God's sake - so there's definitely more to the picture than meets the eye.

    --
    YankDownUnder Veni, Vidi, volo in domum redire
  35. With the way juries and persecutors are by russotto · · Score: 3, Insightful

    If a cop socks you in the face for no reason, and decides to bring you up on charges for "resisting a police officer", you'll be convicted on the grounds that your face impeded the free movement of the cop's fist. (and no, I'm not exaggerating).

    Any juror who won't essentially agree to convict will be dismissed during voir dire.

    1. Re:With the way juries and persecutors are by WNight · · Score: 1

      But don't try to dodge either, even if only to spare his knuckles.

  36. Travesty by trurl7 · · Score: 1

    This case is a pathetic travesty of justice. The border guards could have raped him, his wife, shot his kids, and as long as they had previously "instructed" him to comply, and he acted exactly as he had in reality, he STILL would be in the same position as he is today. And, more absurdly, the jury would still have been able to use the "well, he didn't follow instructions, so, as the law was explained to us, he was guilty". This is a sick collusion between members of the justice system. No judge wants to prosecute the police or any law enforcement officer. This is what's happening here.

    This case sticks. The border cops who knew they are untouchable, the DA who is pushed this, the judge who 'instructed' the jury, the whole bloody lot of them stink. And the jurors who went along with it, the 'peers' who were the man's final line of defense let him down. They are moral cowards.

    This stinks.

    1. Re:Travesty by Crookdotter · · Score: 3, Insightful

      I agree. To be charged with failure to comply in the middle of an unjustified and probably illegal assault is a gross moral wrong that everyone can see. You can't just cherry pick the non-compliance out of there and convict. Well, obviously you can. It stinks. I would not have convicted him if I were free to choose.

    2. Re:Travesty by jimrthy · · Score: 1

      The travesty is that so few people know about and understand the power (and responsibility) of jury nullification.

  37. Jury Nullification by UberDude · · Score: 4, Insightful

    IANAL...

    You would have been entirely within your rights to acquit, if you felt that it was unjust to convict him under the circumstances. You're not forced to follow the directions of the judge, otherwise there wouldn't be any point in having a jury at all. If I was Peter Watts' lawyer, reading your message, I would be filing an appeal on Monday morning, on grounds of misdirection.

  38. But oddly enough conservative MPs go scott free by Midnight+Thunder · · Score: 1

    Didn't we just recently learn of two Canadian Conservative MPs acting like arse holes at airport security? Not only do they get to keep their job, there doesn't seem to be any attempt to convict them either. Heck, I will happy once we have tossed this government out of power.

    --
    Jumpstart the tartan drive.
  39. Baseball? by fuego451 · · Score: 1

    A writer in prison? I think it's more likely he'll be a 'wide receiver'.

  40. Mod parent up by mahsah · · Score: 1

    More people should be aware of the right to jury nullification. Hilariously mentioning that you are aware of the right to nullify is a good way to get thrown off a jury.

    1. Re:Mod parent up by bhtooefr · · Score: 1

      Wonder if the Streisand effect can be applied to jury nullification.

      Maybe someone should go for jury duty for a high-profile case, and then mention that they are aware of jury nullification, get thrown off, and make a HUGE stink about it online and as far into the media as possible.

  41. Re:Quite understandable by theolein · · Score: 1

    Your country has a national debt of over a trillion dollars, and started too invasions of other countries this past decade in wars that have coincidentally cost just over said trillion dollars. On top of that, the Chinese own a very large part of the US national debt, and if they decide to collect, your country will be in severe difficulties.

    Possibly, getting less involved in ruinous foreign wars would help solve the problems of debt and being hated. Personally, I think you're a stupid bastard. Not because you're American - there are stupid bastards in most parts of this world, but because you're simply digging up an old cliche that lost its validity after the Vietnam war.

  42. Re:Not convicted of assault, only refusal to compl by linzeal · · Score: 1

    In Portland recently a man who was suicidal was shot in the back with an assault rifle, the officer is still on the force. We need laws requiring police to wear video and audio surveillance and for grand juries not DAs choose when to prosecute police.

  43. Really ticked off. . . by Zobeid · · Score: 2, Insightful

    From what I've read about this incident, and about the trial, I'm outraged. It really burns me up.

    First up, I find myself wondering what was wrong with the jurors. Whenever jurors come out of a trial wringing their hands with anguish and making all kinds of sorrowful excuses for their own verdict, and start crying about how they "had to" convict someone who they didn't really think did anything wrong, I find myself wanting to tear my own hair out in frustration. Are they nuts? How did our society come to this point? When the jury is called upon for a verdict, they are responsible. They've got no business putting the blame on the judge's instructions, or on some minute technicality. They are supposed to think for themselves at least a little bit. This is why we have jury trials.

    Secondly, I find myself wondering about the prosecutor. Somebody made the decision to press this case and bring it to trial with this evidence and these arguments. He clearly wasn't doing the public any service. His community should be told about this. His neighbors should be told about it. Let him face their opprobrium, and then see if he's eager to pull this sort of stunt again!

  44. "Assaulting border guards?" by Hurricane78 · · Score: 1

    You mean the same border guards who beat the crap out of everyone that they can pick out of the mass?
    Those that kick your ass if you are not extra nice to them, and then convict YOU for assault.
    Those that put drugs in your car and then punish you for it, just for fun, or to fill some quota, etc?

    Those guard types?

    --
    Any sufficiently advanced intelligence is indistinguishable from stupidity.
  45. so how are you going to change the law? by pydev · · Score: 2, Interesting

    From all the comments, it appears that Watts was convicted not for assault, but for non-compliance with instructions from a border guard. The jury convicted him for that because, technically, he really was guilty of that, even though it may have been understandable.

    So, if you don't like this verdict, you need to change the law. But how do you want to change the law? Under what circumstances should someone crossing the border be permitted not to comply with instructions by a border guard?

    1. Re:so how are you going to change the law? by Sabriel · · Score: 4, Insightful

      Under what circumstances should someone crossing the border be permitted not to comply with instructions by a border guard?

      When the guard is performing, or has just performed, an illegal act (e.g. assault and battery), thereby revoking their privilege of authority.

      I have to wonder if that's covered anywhere under "colour of law" legislation. If it isn't, it should be.

    2. Re:so how are you going to change the law? by Anonymous Coward · · Score: 0

      Failure to comply with a lawful order should give the police the right to forcibly carry out the lawful order. That's all that's needed. If you want to be harsher than that, let it constitute probable cause to carry out a search. There is absolutely no need to make passive noncompliance alone a criminal offence.

    3. Re:so how are you going to change the law? by lowlypeon · · Score: 1

      It should not be permitted, failure comply with instructions by a border guard should remain illegal.

      But a felony conviction and a 2-3 year sentence for that? It should be a misdemeanor, sentenced to time served or community service, and if the tape shows the border guard assaulting him without good cause the guard should be in court as well.

      If the original claim, that he attempted to strangle an officer had held water, sure, that's a felony. But it didn't. Nothing in what he did amounts to a felony offense in my opinion.

    4. Re:so how are you going to change the law? by pydev · · Score: 1

      When the guard is performing, or has just performed, an illegal act (e.g. assault and battery), thereby revoking their privilege of authority.

      Well, as far as the law is concerned, these guards haven't performed an illegal act, since they haven't been convicted of one.

    5. Re:so how are you going to change the law? by pydev · · Score: 1

      Failure to comply with a lawful order should give the police the right to forcibly carry out the lawful order.

      I'd rather go to court than give police additional powers to use force.

    6. Re:so how are you going to change the law? by Anonymous Coward · · Score: 0

      After the border guard has assaulted them without cause.

    7. Re:so how are you going to change the law? by Sabriel · · Score: 1

      Obviously. However, if the evidence is compelling (e.g. a video of the guard getting into the car and assaulting him), said guard should be charged appropriately and if convicted then the original conviction should be overturned and compensation awarded.

    8. Re:so how are you going to change the law? by Anonymous Coward · · Score: 0

      So, if you don't like this verdict, you need to change the law. But how do you want to change the law? Under what circumstances should someone crossing the border be permitted not to comply with instructions by a border guard?

      That's what I thought juries were for. You can't really expect laws to be written that will take into account every circumstance possible. So a law could be reasonable and functional, like don't resist border guards, but have unforeseen circumstances in which non-compliance is reasonable, for instance if they just punched you in the face for no reason or something like that.

    9. Re:so how are you going to change the law? by pydev · · Score: 1

      Well, the laws allow for that. But the guard didn't get charged.

      Which raises the question again: how would you change the law so that a different verdict could have been reached in this case?

    10. Re:so how are you going to change the law? by WNight · · Score: 2, Insightful

      Enforce it. If the officer was in jail for 50-life for abusing a position of trust while carrying a deadly weapon, criminal conspiracy to hide evidence, etc, then a year or two for Watts might not be so thoroughly unreasonable.

      After all, if an officer actually had any liability for illegal or unwarranted orders, uncalled for violence, etc, they might actually save their orders for important things. And then disobeying those orders might cause unwarranted risk to others and there'd be a reason for punishing you for failure to obey.

      There's always something you can be charged with and with overly restrictive jury instructions there are never any mitigating factors. It's essentially SLAPP, but for criminal charges. Remove the prosecutor's immunity and let us charge them with conspiracy to cover up an assault by filing a nuisance charge against the victim.

      Instead you want new rules, because obviously our problem now is not enough rules.

    11. Re:so how are you going to change the law? by Anonymous Coward · · Score: 0

      Under what circumstances should someone crossing the border be permitted not to comply with instructions by a border guard?

      Hmm, perhaps after getting hit in the head a couple times, instant compliance isn't even possible much less should it be a legal requirement. You hit me in the head a few times and then start yelling orders at me, and I'm likely to just stand there with a dumb look on my face, if I can stand at all. I'm not sure what the jury was thinking, but from the description, he may not have had the cognizance to follow on order.

      'I yelled at the infant once and he didn't comply so I maced him...."

      ... paraplegic ...

      ... 80 year old wheel chair bound...

      ... guy with a broken spine ...

      The jury could've determined it wasn't reasonable. They just didn't.

  46. More information available by elbow_spur · · Score: 2
    A recent posting on Watts' blog has clarified a number of issues http://www.rifters.com/crawl/?p=1193 Questions regarding the video tape, the exact timeline, the allegation of a previous police record (he has none) are addressed in the post. The following excerpt deserves to be highlighted IMO

    2. The Coverage
    The Times-Herald reporter sat in the courtroom throughout the case. She knows there was no assault. She knows the choking incident never occurred. She knows that the only violence was committed by the border guards. These facts are no longer in dispute. And yet, the Times-Herald continues to report that I was found guilty of “assault”, and continues to repeat Beaudry’s allegation that I “choked” him without mentioning that an independent witness utterly discredited his testimony. Unfortunately, while the story has been picked up by numerous other newspapers, most of them simply seem to have cut-and-pasted the Times-Herald reportage. I find this discouraging. As does at least one juror, who opined:

    “The Times Herald continues to print that Mr. Watts was found guilty of assault. HE WAS NOT!!! He was found guilty of obstructing/resisting, and that was due to the time that transpired between him being ordered to do something and him actually complying with the order. We were forced to decide what was a reasonable amount of time for him to comply with an order. Mr. Watts, in my opinion, was treated unfairly by Customs and Border Protection. But, unfortunately, they were not on trial.”

  47. Life on the line ....bull by Anonymous Coward · · Score: 0

    http://money.msn.com/content/invest/extra/P63405.asp

    Being a police officer doesn't even make the top ten list of dangerous occupations.

  48. Jury nullification by witherstaff · · Score: 3, Informative

    Too bad the jurors had never heard of Jury Nullification

  49. Someone is gonna snap by Anonymous Coward · · Score: 0

    I'm not a violent person. However I think it's about time the general public stood up and did something to force law enforcement officers to treat us with respect. It's obvious that our government will not do anything to protect us from assholes with badges treating everyone they encounter however they want. Every officer is not a dick, but a fairly large segment of them are.

    I used to drive a car that was at the time popular with "people of color" and got pulled over all the time. I was regularly handcuffed and put in the patrol car while my car was searched. I never recieved a ticket because I follow the traffic laws. I was never arrested because I never did anything wrong. There were no drugs since I dont do drugs. I dont drink and drive. I dont carry guns around in my car. I was treated like a wanted felon because of the car I drove. I was pulled out of my car through the window on more than one occasion. I was never beaten by the police but was handled pretty damn roughly. I had bruises and scrapes and an almost dislocated shoulder once. I traded that vehicle in and bought a full size truck. I've never been pulled over in the 10 years since and I dont drive any differently now than I did then.

    The laws that are there to protect the public from jerkoff police/border guards whatever doesnt do any damn good. Asking why is a valid question. If someone tells a person to lie on the ground there has to be a better reason than "because Im a police officer and I said so". There has to be some threat and not one manufactured in the officers mind. I dont advocate violence but I would not be suprised nor hurt when asshole officers woke up dead. There is no excuse to treat anyone the way they do.

    Maybe there isnt enough motivation for them to treat us like citizens who have rights. They feel like they dont have to treat us like anything but common scum because there are no repercussions unless they go apeshit and beat the hell out of someone. Even then half the time they get a slap on the wrist. It's too easy for them to say they felt threatened or the subject took an aggresive stance. Someone some day will get sick enough of it that they will do something drastic about it. All I had to do was buy a new vehicle and all my problems went away. Someone else may have a different way to handle being mentally/verbally/physically abused by someone just because they have a badge.

    I know several (read a couple dozen) people in law enforcement. They have all told me that unless its someone important (politician or famous person) and they dont beat them without cause (which they can manufacture if need be) they can basically do whatever the fuck they want to do.

    There are too many laws/statutes giving too much room for "the officers judgement". That means that they can do what they want and say that someone was resisting or taking an aggresive stance. So no matter what if the officer says you resisted the laws say that its his judgement call if you did or not.

    We either have to weed out the bad ones and punish them for their actions or some guy will get a rifle with a scope and solve the problem his/her self. I hate to say it but some of them are gonna deserve what they get. The past 100 years should show that the government and laws to protect us from our "protectors" sure as hell dont work and somethings got to give. I repeat for the FBI monitors that pick up keywords it wont be me, I dont even own a gun.

  50. NOT CONVICTED OF ASSAULT! by argent · · Score: 4, Informative

    Jesus Christ, it's bad enough when the mainstream press repeats crap like this, but I would have thought Slashdot posters were capable of reading plain English.

    He was convicted of failing to follow direction quickly enough for the border guards. The accusations of assault were found to be baseless.

    1. Re:NOT CONVICTED OF ASSAULT! by julesh · · Score: 1

      Jesus Christ, it's bad enough when the mainstream press repeats crap like this, but I would have thought Slashdot posters were capable of reading plain English.

      He was convicted of failing to follow direction quickly enough for the border guards. The accusations of assault were found to be baseless.

      If you read the discussion on his blog, it turns out that on a technicality, this is actually considered to be assaulting an officer, whether anything like what you or I would consider an assault took place or not.

    2. Re:NOT CONVICTED OF ASSAULT! by randyleepublic · · Score: 0

      Why are so many pedants fussing over the exact and specific charge he was convicted of. HE DIDN'T DO ANYTHING WRONG, YET WAS CONVICTED OF A FELONY. You fucking moron.

      --
      Social Credit would solve everything...
    3. Re:NOT CONVICTED OF ASSAULT! by argent · · Score: 1

      Why are so many pedants fussing over the exact and specific charge he was convicted of.

      Because HE cares about the exact and specific charge he was convicted of.

    4. Re:NOT CONVICTED OF ASSAULT! by randyleepublic · · Score: 0

      Oh for fuck's sake!! WHAT DO YOU CARE ABOUT???? That is what I was bringing to question.

      Let me break it down for you: What is more important to you: that a man was convicted of a felony when he did nothing wrong, or the precise legal term for the particular felony of which he was unjustly convicted? Which of those two do you find more significant? A or B? Abject injustice or failure of precise terminology?

      Moron.

      --
      Social Credit would solve everything...
    5. Re:NOT CONVICTED OF ASSAULT! by argent · · Score: 1

      WHAT DO YOU CARE ABOUT?

      He was accused of attempting to strangle the guard, and that is what at least two large newspapers reported. That charge was proven completely fraudulent in the trial.

      That he was not convicted of assaulting the guard is part of the proof that he did nothing wrong. Reporting that he was convicted of assault weakens his case in the court of public opinion... which may be the only chance he has of avoiding doing time over this travesty of justice.

    6. Re:NOT CONVICTED OF ASSAULT! by randyleepublic · · Score: 0

      Fair enough, but this is not the court of public opinion - this is slashdot where, despite a flurry of evidence to the contrary, we are indeed smarter than the average bear. So, my point stands - why all the fuss? We all got that he didn't commit an assault, he didn't do anything except be the victim of battery comitted by the guards. For that he was convicted of some trumped up felony.

      My larger point is: what kind of horrible nightmare society are we living in where citizen/jurors display the sort of sheep-like mentality as evidenced by this verdict and the comments of one of that crew here? What can any of us do to reverse the trend towards this nighmare? What can any of us do to protect ourselves from this kind of breakdown?

      See where I'm going? Bigger questions than the specific statute number of the particular trumped up felony applied here are what I expect us to be discussing. Not, over and over, clarification of what is really a trivial fact. A trumped up felony is a trumped up felony. Frankly, as far as I am concerned, the fact that the "media" mis-report such facts is a deliberate ploy to put a glamor on small minds, so that the bigger discussions are drowned out in the noise generated by correcting the mis-reporting. Worked pretty well this time, didn't it?

      --
      Social Credit would solve everything...
  51. Grand Jury by Anonymous Coward · · Score: 2, Insightful

    The sad thing here? Grand juries can issue subpoenas and do all kinds of things normal juries cannot.

    In particular, they could have charged the *officers* with a crime had they wished to...

  52. America to The Rest of The World by Anonymous Coward · · Score: 0

    We don't want tourists.

    We don't want Trade.

    Rest of The World to America :=

    We hear you Loud and Clear.

  53. Couldn't be more wrong by fnj · · Score: 1

    Horse shit. You don't understand the concept of jury trials. Juries have COMPLETE power to render any verdict. Look up "jury nullification" some time. The term sounds like a precise, carefully codified provision of law. It isn't. It's an expression of the power of a jury to express its will free of restraint, long established in common law. The jury can acquit because they think the defendant is a jolly fellow and they like the cut of his jib. Or they can acquit because to do otherwise would be a violation of justice. Regardless of the law! They can acquit for ANY reason. And they CANNOT be compelled to give a reason.

    There is not even any basis for a judge to declare a mistrial if he feels that a jury has "obviously" rendered a "wrong" verdict. A mistrial can only be applied for very specific cause.

    In short, juries are not limited in what they may consider; their ability to weigh any evidence or fact or feeling or anything else is not circumscribed. The judge may "instruct" in any terms he pleases, and they are free to reject such "instruction."

    Long live freedom, and long live the traditional jury system. It is a triumphal expression of putting limits on "the system."

    _This_ jury was a compliant, cog-in-the-system disgrace, however. This, sadly, is not a rarity. Non-compliant jury candidates are carefully weeded out by the prosecution during the selection process, if they catch the smell of truly free, self thinking people in the jury pool.

    1. Re:Couldn't be more wrong by Jeremy+Erwin · · Score: 1

      Did you not detect my note of sarcasm? However, the controlling case seems to be SPARF v. U S, 156 U.S. 51 (1895), which notes

      We must hold firmly to the doctrine that in the courts of the United States it is the duty of juries in criminal cases to take the law from the court, and apply that law to the facts as they find them to be from the evidence. Upon the court rests the responsibility of declaring the law; upon the jury, the responsibility of applying the law so declared to the facts as they, upon their conscience, believe them to be.

      Try to keep a low profile during voire dire-- if you are outspoken and forthright, you won't get in, and if you lie, a vengeful prosecutor or a jealous judge might just get you for perjury or contempt.

    2. Re:Couldn't be more wrong by WNight · · Score: 1

      the controlling case [...]

      It seems a bit funny to talk about a legal case as if could provide any useful binding precedent to jury nullification, which is the intentional disregard for the letter of the law.

      It's like Enron passing a rule on what auditors are allowed to look at.

      This is the sign of the legal system's misunderstand of its/their place - as arbiter of societal justice, not keeper of the sacred book of conflicting rules.

      Like a motion to adjourn, the question of the validity and usefulness of the law is never out of order.

    3. Re:Couldn't be more wrong by fnj · · Score: 1

      Sorry. You do know that sarcasm does not survive the writing of it?

      Yes, there is always the spectre of a contempt charge from a tyrannical judge.

  54. The law cannot answer questions of morality by Geof · · Score: 1

    I'm guessing you've never been on a jury before, and so have absolutely no idea what a jury is there for. Juries don't know the law. They aren't expected to. That's what the Judge is for. . . . if you think this should have ended in jury nullification, you are a buffoon.

    The law cannot answer questions of morality. Only human beings can do that. Lawyers and judges do not have privileged access to morality. They are not more moral than other people. They do not necessarily have a better (or worse) understanding of what is right and what is wrong. What is legal is not the same is what is right, and what is illegal is not the same as what is wrong.

    Given the choice of obeying the law or doing what is right, what should you do? Do you do what you believe is right, or do you follow orders? The closer you are to the law - lawyers, judges, etc. - the more likely you are to choose the law. That is your bias. In fact there is no perfect answer. Sometimes breaking the rules is the right thing to do. Sometimes putting personal moral judgments aside is the right thing to do. The thing is, there can be no system of rules that can tell you which is which. Acting morally often requires of us that we step outside the constraints of the system. The law is a human construction. It is a machine, like a computer. It has its uses - but it also has its limitations.

    Sometimes there are cases in which two people must choose contrary courses: in which one person breaks the rules, for example, and the other punishes them for it - and yet both are doing the right thing. There never has been a guarantee that all problems will have clean solutions. There will always be flawed judgements. Perhaps the greatest horrors are inflicted by those who believe that there is a perfect rule or a perfect machine. I'm afraid that's what you seem to be suggesting. Whatever the right or wrong of the jurists' actions, your simple recourse to the letter of the law cannot resolve that question. You have replaced the book of God with the book of man - and I say that as someone who does not believe in God.

  55. This stinks. by metaforest · · Score: 1

    This stinks.. He was apparently convicted for not collapsing into an unconscious heap of flesh when he was repeatedly punched by a sworn officer.

    On a personal note: I found myself in a similar predicament with a city cop once.... I found it useful to feign unconsciousness when struck. I was not arrested in the end. Though without financial resources I was unable to bring suit against the officer or the city even though there were plenty of witnesses around for me to call upon.

    That I was not shot or incarcerated seems like a bonus now... live and learn.

  56. You, sir, are an asshole. by Rocketship+Underpant · · Score: 1

    Dear Juror "Elbow Spur",

    Today, you potentially ruined a man's life even though he did nothing wrong and hurt nobody. You are an asshole. A grade-A, goose-stepping, "just following orders" asshole. It's because of people like you who facilitate tyranny and hide behind flimsy excuses that our world sucks as much as it does.

    --
    He who lights his taper at mine, receives light without darkening me.
  57. Moral of the Story by Snaller · · Score: 1

    Don't visit the US

    Stay home (and try to pick a country who doesn't extradite - granted the list grows smaller, but still)

    --
    If Google really cared they would fix Android Chrome to reflow text, instead of discriminating
  58. Common law right to resit an unlawful arrest by tdwebste · · Score: 2, Interesting

    California Criminal Law Review, Vol. 2, July 2000

    Abstract:
    The national trend, during the past forty years, has been to do away with the common law right to resist an unlawful arrest. The right has been abrogated by judicial decree as well as legislative enactment. Elimination of the right is based on several factors, including the development of modern criminal procedure, the ability of criminal defendants to seek redress via other means, and the improvement of jail conditions. In the rush to eliminate a right perceived as against contemporary public policy, the courts have paid little attention to the original justification for the rule - that an illegal arrest is an affront to the dignity and sense of justice of the arrestee - and instead have focused on the alternatives to forcible resistance that have been developed, such as civil suits and the writ of habeas corpus.

    Mississippi is one of a dozen states that still permit a person to resist an unlawful arrest. Almost all of these states are located in the South. The question this geographical anomaly raises is why has the right to resist arrest survived in the South, and Mississippi in particular? This article suggests that a possible explanation may be the influence of uniquely Southern conceptions of honor and the right to use deadly force in self-defense. Historians have long acknowledged that Southern culture strongly supports the importance of personal honor and condones a "subculture of violence." This article examines the development and history of the right to resist an unlawful arrest at common law and in the United States, scholarly criticism of the common law rule, and the current status of the rule in the United States, the Southern "subculture of violence" and how that relates to cases involving resisting arrest in Mississippi. All Mississippi cases involving claims of a right to resist unlawful arrest are examined. The language of the Mississippi cases provides support for the argument that the right to resist arrest has remained entrenched in Southern law, and helps to explain why Southern states generally and Mississippi in particular have chosen to retain a common law rule which has fallen into disrepute in other regions of the country.

  59. Re: by dsmithhfx · · Score: 1

    The DHS is Bin Laden's greatest achievement.

  60. Something no one seems to point out.. by RichiH · · Score: 1

    ...is that this guy is reasonably famous and this sort of stuff happens to other people who can not simple write on their blog with a few thousand readers.

    If the same thing happenend to you, it would be a lot worse.

    The consequence? Do not enter countries in which no reasonable protection of your basic human rights exists. You know, like Birma, North Korea and the USA.

  61. To clarify... by RichiH · · Score: 1

    By "worse", I meant "no one would know about it, no one would write to support you, no one would give a damn".

    1. Re:To clarify... by tdwebste · · Score: 1

      California Criminal Law Review, Vol. 2, July 2000

      Abstract:

      The national trend, during the past forty years, has been to do away with the common law right to resist an unlawful arrest. The right has been abrogated by judicial decree as well as legislative enactment. Elimination of the right is based on several factors, including the development of modern criminal procedure, the ability of criminal defendants to seek redress via other means, and the improvement of jail conditions. In the rush to eliminate a right perceived as against contemporary public policy, the courts have paid little attention to the original justification for the rule - that an illegal arrest is an affront to the dignity and sense of justice of the arrestee - and instead have focused on the alternatives to forcible resistance that have been developed, such as civil suits and the writ of habeas corpus.

      The true fact is defendants are NOT able to redress unlawful arrest and unlawful arrest methods.

      The rush has been to eliminate the criminal recourse against unlawful arrest and unlawful arrest methods have resulted in complicit support of unlawful arrest and unlawful arrest methods.

  62. Wasn't convicted of assault... by knewter · · Score: 2, Informative

    He was convicted of obstructing/resisting, not assault.

    http://www.rifters.com/crawl/?p=1193

    --
    -knewter
  63. You fail to realize. by gbutler69 · · Score: 1

    A VERY LARGE proportion of those actively serving in the Police, National Guards, and Military in general, are members of, or sympathetic to, the NRA and the like. People in the military (and yes, I was one) are not mindless drones who follow orders from the top unquestionably.

    --
    Over-the-top Response Guy! Giving "Over-the-Top Responses" since 1970.
    1. Re:You fail to realize. by geminidomino · · Score: 1

      A VERY LARGE proportion of those actively serving in the Police, National Guards, and Military in general, are members of, or sympathetic to, the NRA and the like. People in the military (and yes, I was one) are not mindless drones who follow orders from the top unquestionably.

      Even if that's true, how do we know that you're the rule and not the exception?

    2. Re:You fail to realize. by Jeremi · · Score: 1

      People in the military (and yes, I was one) are not mindless drones who follow orders from the top unquestionably.

      If that's true, then we have an even bigger problem: if some or all of the military is only conditionally loyal to the elected government, then all it would take is a sufficiently popular extra-governmental leader or cause, and the nation would be vulnerable to a coup by his/her supporters in the military. Then instead of having to figure out how to deal with an out-of-control (but democratically elected) government, we'd have to figure out how to deal with an out-of-control, nuclear-armed military dictatorship. That's not my idea of a desirable outcome.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    3. Re:You fail to realize. by digitalunity · · Score: 1

      One thing I had not considered is that both the Army National Guard and Air National Guard serve under the direction of individual state governors, although they're told where to go and what to do by the Army and Air Force.

      So long as the national guard members are loyal to the governors, then a military takeover of the government is unlikely.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
  64. What happens when a guard assaults someone? by ConfusedVorlon · · Score: 2, Insightful

    It seems that the prosecution doesn't contest that the border guard got into Peter's car and punched him in the face.
    Nobody seems to be arguing that there was any need for the guard to do this in order to perform their job.

    Does this mean the border guard will be investigated for assault and sacked?

  65. Here is the answer. by gbutler69 · · Score: 1

    These "Jurors" (and I use this term loosely) should be outed by the community and ostracized for their inability to do justice. They, and the border guards, are garbage and are deserving of nothing but violence from the rest of the community.

    --
    Over-the-top Response Guy! Giving "Over-the-Top Responses" since 1970.
  66. Ammo Box. by gbutler69 · · Score: 1

    This is the kind of thing that demands the application of the "Ammo Box"!

    --
    Over-the-top Response Guy! Giving "Over-the-Top Responses" since 1970.
  67. Re:NWA had it right by Anonymous Coward · · Score: 0

    You must be mistaken. What you're describing is just some 3rd world dictatorship. Not the U.S.A.

  68. Can anyone explain this? by randyleepublic · · Score: 0

    Waste of taxpayer money number one million three hundred and eighty seven thousand five hundred and ninety three: *Homland* Security agents interacting with people who are LEAVING THE US.

    What The Fuck???

    --
    Social Credit would solve everything...
  69. Meh. Just another reason... by DarthVain · · Score: 1

    not to go to the States for any reason.I avoid the US of A because there hasn't been a lot going on there that I agree with over the last many years.

    I have met many Americans that come to Canada, or are abroad, or years ago when I used to visit the eastern seaboard and can easily say that they have all be good people. However, as a group, you seem to like to elect crazy people, do crazy things, and make crazy decisions. So while 1-on-1 I feel nothing but rainbows and butterflies, as a nation you make me nervous. I can vacation elsewhere where it isn't so oppressive (though places like Mexico also isn't really high on my list anymore either for obvious reasons).

    If you as a nation want to act like that, you can do so by yourself. My money is probably better spent locally anyway.

  70. I would disagree that it is a problem. by gbutler69 · · Score: 1

    It is a good thing, that should enough (stress on enough being a vast majority of the leadership and soldiers) determine that our country is taking too wrong a direction, they will likely think of their families and friends and be more loyal to their needs than to oligarchy or aristocracy. That is why, we who served in the Military, are referred to as "Citizen Soldiers". We are not instructed to follow orders unquestioningly. We are taught to obey lawful orders and uphold the Constitution and most of all, to THINK!

    --
    Over-the-top Response Guy! Giving "Over-the-Top Responses" since 1970.
  71. Justice? by alexo · · Score: 1

    the court threw out the accusation that he attempted to strangle the officer. The guards' testimony was demolished on cross examination as inconsistent and the only thing that the prosecutor had at the end was that, after the guard had punched him in the face several times (an event which the prosecution did not dispute), he did not immediately comply with an instruction to lie on the ground.

    The question I'd like you to ponder is:
    What are the consequences for the border guards for:
    1. Unlawfully attacking a person without provocation (as proven in the trial), and
    2. Lying in court (as proven in the trial) ?