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Prosecution of UK News Photographer Collapses After Recording Disproves Police Testimony (wordpress.com)

Slashdot reader Andy Smith writes: Slashdot reported last September how I was arrested while standing in a field near a road accident, as I photographed the scene for a newspaper. I was initially given a police warning for "obstruction", but the warning was then cancelled and I was prosecuted for resisting arrest and breach of the peace. These are serious charges and I was facing a prison sentence. Fortunately we had one very strong piece of evidence: A recording of my arrest. Not only did the recording prove that two police officers' testimony was false, but it caught one of them boasting about how he had conspired with a prosecutor to arrest and prosecute me. Yesterday the case was dropped, and now the two police officers and the prosecutor face a criminal investigation.

107 of 207 comments (clear)

  1. Lucky for you... by Anonymous Coward · · Score: 3, Insightful

    If you were in the US instead of the UK, you may well be dead right now.

    "STOP RESISTING!"

    1. Re:Lucky for you... by Anonymous Coward · · Score: 1

      he's still lucky he didn't end up maimed. I ended up in hospital and lost the use of my left arm when 2 UK police assaulted me just days after having cancer surgery, almost 3 years later I'm still recovering but don't expect to be able to lift my arm beyond shoulder height ever again!.

  2. Do not talk to the police. by Anonymous Coward · · Score: 5, Insightful

    That badge does not make them good people, but it does give them significant power over you.

    1. Re:Do not talk to the police. by b0s0z0ku · · Score: 4, Insightful

      The badge often makes them worse people. Look at the Stanford Prison Experiment... power and order-following corrupt.

    2. Re:Do not talk to the police. by Bobrick · · Score: 2, Informative

      The Stanford Experiment has been debunked as a fraud recently, but yes, fuck the police and always record any interaction you have with the pigs.

    3. Re:Do not talk to the police. by Pitt64 · · Score: 1

      no, no it hasn't

    4. Re:Do not talk to the police. by ChrisMaple · · Score: 5, Informative

      It appears that it has indeed been invalidated.
      https://www.psychologytoday.com/us/blog/freedom-learn/201310/why-zimbardo-s-prison-experiment-isn-t-in-my-textbook

      Summary: the players knew the expected results and acted to achieve them.

      --
      Contribute to civilization: ari.aynrand.org/donate
    5. Re:Do not talk to the police. by Bobrick · · Score: 2

      It was never published in a journal.

    6. Re:Do not talk to the police. by Applehu+Akbar · · Score: 4, Insightful

      Papers published in the Journal of Internet Manufactured Outrage are not falsifiable, cannot be retracted, and echo back and forth through blogs until the end of time. The Stanford experiment and the Wakefield anti-vax paper are examples.

    7. Re:Do not talk to the police. by Maxo-Texas · · Score: 1

      One other psychologists opinion doesn't invalidate it.

      Lol.

      You'd need to perform the experiment again and that's not ethical.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    8. Re: Do not talk to the police. by c6gunner · · Score: 1

      It's not his "opinion"; it's a documented fact that Zimbardo and others told both the guards and the prisoners what to do.

      But sure, let's just keep citing an unethical and discredited "experiment" because redoing it would be unethical. What could possibly be wrong with that.

    9. Re:Do not talk to the police. by Anonymous Coward · · Score: 1

      The Stanford Experiment has been debunked as a fraud recently,..

      Really? Apparently not according to Wikipedia. According to Wikipedia the study has been criticized and hasn't been replicated (not entirely anyways), however, there are other studies as the article points out. See https://en.wikipedia.org/wiki/Stanford_prison_experiment#Similar_studies

      "Some of the experiment's findings have been called into question, and the experiment has been criticized for unethical[4][5] and unscientific practices. Critics have noted that Zimbardo instructed the "guards" to exert psychological control over the "prisoners", and that some of the participants behaved in a way that would help the study, so that, as one "guard" later put it, "the researchers would have something to work with." The experiment has also been criticized for its small sample size and unrepresentative sample population, especially given that flyers recruiting people for the experiment advertised it as dealing with "prison life". The results of the experiment have never been successfully replicated." ~ http://en.wikipedia.org/wiki/Stanford_prison_experiment

    10. Re: Do not talk to the police. by haruchai · · Score: 1

      It's not his "opinion"; it's a documented fact that Zimbardo and others told both the guards and the prisoners what to do.

      But sure, let's just keep citing an unethical and discredited "experiment" because redoing it would be unethical. What could possibly be wrong with that.

      Let's see you debunk these - https://en.wikipedia.org/wiki/...

      --
      Pain is merely failure leaving the body
    11. Re:Do not talk to the police. by haruchai · · Score: 1

      The so called Stanford Prison Experiment is equal parts mythology and bunk. Stop citing it.

      What's neither myth nor bunk are the multiple strip search phone call scams
      https://en.wikipedia.org/wiki/...

      --
      Pain is merely failure leaving the body
    12. Re:Do not talk to the police. by Carewolf · · Score: 1

      Try searching the same way for earth+is+flat.

      Then make the argument what that proves..

    13. Re: Do not talk to the police. by edittard · · Score: 2

      If something in psychology hasn't already been known since ancient times, it's almost certainly false.

      Like the Dunning-Krueger effect? I wonder why that sprang to mind!

      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    14. Re:Do not talk to the police. by Shinobi · · Score: 1

      Quoting Psychology Today for psychology news is like quoting PETA for animal welfare research.

    15. Re: Do not talk to the police. by c6gunner · · Score: 1

      What's there to debunk?

      I don't think you understand what it was that Zimbardo was trying to prove, or why he failed. The incidents you linked to are more akin to the Milgram experiments, not Zimbardos's.

    16. Re: Do not talk to the police. by Maxo-Texas · · Score: 1

      You have confused two different experiments/principles.

      Milgrim is about how many people will obey an authority figure and do increasingly terrible things they would not normally do. Even to the point of apparently killing another human being. It was most recently repeated by the French as far as I'm aware. In that experiment, several people followed orders to torture a stranger to dangerous and fatal levels. Very few people resisted completely (I think it was a young female who did actually but it's been a couple years).

      Zimbardo was experimenting with our social roles affected our behavior. You take one group and tell them they are guards and give them some authority but don't keep giving them increasing orders. You take the other group and tell them they are prisoners. In the experiment, the "guards" became increasingly inhumane on their own without continuing series of instructions to take greater measures. The "guards" were "corrupted" by the power they had over the "prisoners"

      These are two different things. You are very confident and even emotional about something you are apparently at least a little ignorant about. That sounds like Dunning-Kruger to me.

      ----

      You can't really "prove" or "disprove" the Stanford Prison Experiment. You can propose some ways it may have been corrupted (such as by "implied commands"). But you can't run the experiment hundreds to thousands of times with sets of people from different cultures, ages, genders, religions, etc. to "prove" or "disprove" (i.s. show within a 95% confidence level that humans generally behave this way) because we've decided it is unethical (and also because you can't be sure everyone is ignorant of the prior experiment so the results would be suspect for that reason too).

      So it was a one-off. It's only "true" for that particular group of students in the 1970s in the u.s. It *may* be generally applicable (and we might be able to observe genuine guard and prisoner behavior as we get better surveillance in prisons and feed it into A.I. analysis) but we don't and can't know. It does provide some interesting cautions and questions however.

      I suggest you read up on the several iterations of the milgrim experiment, and read up on the stanford prison experiment, and perhaps the Dunning-Kruger effect.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    17. Re:Do not talk to the police. by houghi · · Score: 2

      I got a "Yes" when I asked "Is the earth flat?"on http://www.8-ball-magic.com/in... (After "Concentrate and ask again.")

      --
      Don't fight for your country, if your country does not fight for you.
    18. Re:Do not talk to the police. by stealth_finger · · Score: 1

      Not being funny but any one that strip searches or anything like it based of a phone call from someone who could claim to be anyone has got to question themselves. Likewise any one who allows themselves to be strip searched based off a phone call.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    19. Re: Do not talk to the police. by Dread_ed · · Score: 1

      The original experiments weren't sexual in nature. Adding in sex, and the payoffs of sexual experience, to the dominance/submission routine is a confounding factor, not a clarifying one.

      Do you even science, bro?

      --
      When the only tool you have is a claw hammer every problem starts to look like the back of someone's skull.
    20. Re:Do not talk to the police. by RespekMyAthorati · · Score: 1

      Apparently not according to Wikipedia

      That's funny, especially considering that the paragraph you quote supports the idea that SPE was fraudulent.

  3. Excessively Punitive by mentil · · Score: 4, Insightful

    Resisting Arrest should be a fine, and Breaching the Peace is a catch-all law that should be used for e.g. putting a drunk in a cell overnight. Neither should have prison sentences attached.

    --
    Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    1. Re:Excessively Punitive by Anonymous Coward · · Score: 5, Insightful

      None of those points address the fundamental issue: the testimony of police is believed without corroborating evidence. If that guy didn't have video evidence to prove his innocence, he would be in prison right now, on nothing but the testimony of two corrupt cops.

    2. Re:Excessively Punitive by Anonymous Coward · · Score: 5, Insightful

      A police officer caught giving false testimony should be put in prison for the remainder of his life.

    3. Re:Excessively Punitive by Anonymous Coward · · Score: 1

      How about hanged by the neck until dead?

    4. Re:Excessively Punitive by Anonymous Coward · · Score: 1

      "We cain't hang these fellers! The scrawny one don't weigh enough, and the fat one's got no neck!"

    5. Re:Excessively Punitive by Ecuador · · Score: 1

      Yeah, especially when actual "breaching the Peace", i.e. starting a war not only doesn't get you punished, but even gets you re-elected...

      --
      Violence is the last refuge of the incompetent. Polar Scope Align for iOS
    6. Re:Excessively Punitive by Darinbob · · Score: 4, Interesting

      Police or those in related positions (working at a PD) are often excluded from juries for various reasons. Some of it is because they may be too intimately knowledgeable about police procedures, but mostly it's because they will be biased. However it's not necessarily because they will be biased to believe police testimony, but because they're often the most dubious of that testimony.

      I was on a jury once, and we had one guy that absolutely assumed the guy was guilty precisely because he was arrested. 11 other jurors kept trying to explain to him that the evidence didn't hold up, but he didn't want to believe it. The next day he went to the judge and somehow got himself excused, so an alternate juror was called. Scary that people of that sort are out there and get onto juries.

    7. Re:Excessively Punitive by mentil · · Score: 2

      Bad things don't happen to good people, bad thing happened, QED guilty.

      --
      Corruption is convincing someone that the selfless ideal is the same as their selfish ideal.
    8. Re:Excessively Punitive by Chris+Mattern · · Score: 1

      the fundamental issue: the testimony of police is believed without corroborating evidence.

      And yet you apparently have no difficulty believing some random yobbo on the internet when *he* has no corroborating evidence...

    9. Re:Excessively Punitive by Anonymous Coward · · Score: 5, Interesting

      8 years ago I fought a B.S. resisting arrest charge from some Long Island NY office who'll never make Sgt. for good reason. After the slightest of a tap of the vehicle in front of me in slow moving traffic, I had an extremely angry driver who called the cops. The 1st young officer was doing everything right getting our information, then a 2nd police car with lights and siren blasting screeches onto the scene like some scene from the Dukes of Hazzard tv show. He gets out, points at me yelling, "Stay in your car!!!"
      "This is different.", I said to myself. 2nd cop talks with the other driver & young-cop, comes to me as I'm leaning on my car and says to me, "You're under arrest for assault!" I tell him, "That's his word against mine, I never touched him!" He grabs my wrist and forces my arm down to the 6 O'clock position. I keep an eye lock on him and, just because I was mad at the obvious wrongness bring my arm back up to the 12 O'clock position. He pulls a practiced maneuver on me by twisting my arm and 'walks me forward' while I instinctively try to keep my knees from buckling. I fall onto my stomach, he comes down with his knee full force onto my lower back while yelling, "STOP RESISTING! STOP RESISTING!" I yell back, "I'm not resisting and you know it! STOP OVER-ACTING!!!" "But, I can't get the cuffs on!" "JUST DO IT!" I tell him. Got released in the morning on an ROR by the judge. Told my public attorney, "There's no plea deal on this one. Either the D.A. drops all charges or I want my trial." 11 months of going to court every month until the trials, first was the resisting arrest charge. My lawyer had read a synopsis of my account of what happened and after the cop testified that I was holding onto a fence while kicking at him, she got him to admit that he never actually witnessed any assault. Some conferences between lawyers and judge happen, and 2 weeks later charges were dropped. The 2nd trial from the driver happened and I explained my side of the story which included a few disposable camera pics of the scene which showed an unkempt, angry plaintiff, found not guilty, and I'm done with it all. The D.A. originally wanted me to plea out to a deal that included 3 years probation. A cop friend of mine told me how I should have, "Sue that asshole!" cop, I told him, "I don't sue cops." After a year my back stopped aching.

      That cop smoothly lied and committed perjury so easily, fortunately for me the judge was firm but fair. After I did a fist pump when the "Not Guilty" words came from his mouth, we joked a bit about how my Public Defender and I had a running joke between us after she got the resisting arrest charge dealt with. I told the judge, "Ms. N***r here, she's my Matlock!" I'm blond haired/blue eyed, the whitest white looking guy in a white power structer life in NY, and I know that if I was darker skinned I might've had to take the D.A.'s deal. But damn, if the cop lied so easily on the stand he'd done that for a long time with other arrests. I feel so bad for all darker skinned than I people who get railroaded by immoral police. I've worked on 'good cops' homes here on this island, but if this ever happens to me again you can be damned sure I'll sue for all I can get, won't get fooled again. (Rant over now, I'm glad that I got this experience out of me here, thanks all for reading through my story.)

    10. Re: Excessively Punitive by Anonymous Coward · · Score: 1

      You know, besides the apparent video evidence....

    11. Re: Excessively Punitive by Reverend+Green · · Score: 5, Insightful

      Law enforcers lie all day every day. It's their culture, and the kangaroo courts encourage it.

      OF COURSE I would believe a random Joe before I believe a law enforcer. Who wouldn't?

    12. Re: Excessively Punitive by c6gunner · · Score: 1, Insightful

      Law enforcers lie all day every day. It's their culture, and the kangaroo courts encourage it.

      Whereas random internet yahoos who pretend to be reporters are bastions of truth and virtue.

    13. Re: Excessively Punitive by Anonymous Coward · · Score: 2, Insightful

      The ongoing Tommy Robinson episode is even more terrifying. There's a gag order which prevents journalists from even discussing his arrest. Crazy.

    14. Re: Excessively Punitive by Reverend+Green · · Score: 4, Insightful

      Random internet yahoos are random. One doesn't know what to expect. Whereas with law enforcers, one expects duplicity.

    15. Re:Excessively Punitive by AmiMoJo · · Score: 4, Informative

      I read TFA and it's actually bullshit as far as I can see. The guy's prosecution was dropped at the last moment, but he doesn't know why. He speculates that it's because of the recording, but he doesn't know.

      The claim that the police are facing investigation is speculative too. There is no evidence of that. He says he plans to sue them to recover costs.

      Unfortunately the police usually do get away with this kind of thing in the UK. They are pretty much untouchable. Even when there is video of then murdering people they avoid conviction.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    16. Re:Excessively Punitive by JaredOfEuropa · · Score: 2

      You're lucky. In a slightly more serious situation, mr. Good Cop might have well backed up the story of mr. Bad Cop, as they (and those in some other professions in similar situations) often do when faced with serious accusations from an outsider. Then you're facing 2 corroborating testimonies from cops in court, before a judge who has doubtlessly seen the other side of this: someone "obviously screaming in pain" because of "extreme police brutality" while being arrested, when later video and medical evidence show that nothing but play-acting was going on during the arrest.

      What I kind of would expect in this kind of situation, when it is pretty clear that the cop gave false testimony in court, is a followup investigation into his integrity. That should be a standard evaluation in such cases, part of the job, and not subject to you filing charges against him. This is an extremely serious matter precisely because of the weight usually given to cops' testimonies.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    17. Re:Excessively Punitive by JaredOfEuropa · · Score: 1

      Well, that and being subsequently ejected from the force.

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    18. Re: Excessively Punitive by Zocalo · · Score: 2

      Stop spreading FUD. Tommy Robinson talked to journalists outside court about an on-going case. the judge on the case cautioned him to desist, and he did it again anyway, repeatedly. When a judge tells you not to do something relating to a case and you ignore them on multiple instances that's a textbook case of Contempt of Court and you can - and should - expect the judge to respond. Tommy Robinson apparently even admitted he was in the wrong on this during his trial for contempt.

      The use of gag orders is, admittedly, a bit more contentious (especially in the tabloid media where salacious trials are almost always headline news), but they are used very sparingly and almost always in cases where there is a valid justifcation for doing so. Yes, jurors are told to avoid media coverage of the trial, but when you've got a high-profile case with people like Tommy Robinson involved that's kind of hard to do, so the idea is that by curtailing media coverage you can ensure that the accused gets as fair a trial as possible, and reduces the chances of a mistrial because of "trial-by-media". Other than where there may be a national security angle or other mitigating circumstances these are lifted at the conclusion of the trial, which is what happened in the Tommy Robinson case - the circumstances of his arrest, details of the trial, and his sentence were all covered extensively in the media the following morning.

      --
      UNIX? They're not even circumcised! Savages!
    19. Re:Excessively Punitive by twosat · · Score: 4, Interesting

      There was a case in New Zealand a few years ago where the evidence of two policeman was contradicted by the video recorded by the camera on a taser gun.

      https://www.tvnz.co.nz/one-new...

      https://www.nzherald.co.nz/nz/...

    20. Re:Excessively Punitive by sacrilicious · · Score: 1

      A cop friend of mine told me how I should have, "Sue that asshole!" cop, I told him, "I don't sue cops."

      By not suing, you allowed this to go unchecked, and thus -- by omission -- contributed to the problem. I hope you've learned your lesson. It's ok to not sue because you're too busy or stressed or apathetic, but to not sue rogue cops out of "principle" is just a big "thanks, may I have another" for them.

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    21. Re:Excessively Punitive by mysidia · · Score: 1

      It's ok to not sue because you're too busy or stressed or apathetic, but to not sue rogue cops out of "principle"

      UGh... If you are able to sue, then it is wrong not to sue, because these evil villains dressed in Offiers' clothing will have other victims that Don't have the same knowledge or resources to protect themselves.

    22. Re: Excessively Punitive by jeremyp · · Score: 2

      You are behind the curve. The gag order on his arrest and conviction has been lifted. Even the BBC are now reporting it.

      https://www.bbc.com/news/uk-en...

      And the gag order was there by the way, because of the reporting restrictions on the original trial that Robinson was violating.

      --
      All I want is a secure system where it's easy to do anything I want. Is that too much to ask ~~ Randall Munroe
    23. Re:Excessively Punitive by mysidia · · Score: 1

      That's excessive, really unreasonably cruel, But any person that makes a false testimony or knowingly assists in framing someone or prosecuting someone for a crime knowing that the charge is false or overstated SHOULD have at least 2X the penalty applied to themself that would have applied to their attempted victim if the false charge had succeeded, well 2X for major crimes 4 to 5X the penalty for minor crimes.

      Also, we should put Bodycams on all police officers and pass an act that no Police testimony can be admitted against an accused person without a copy of complete unedited bodycam footage of the occassion in evidence reviewed ahead of testimony --- and no unrecorded offense or other act of reported wrongdoing can be accepted in the police testimony; The police job then if they witness a crime is to make CERTAIN they create a recording or other verifiable documentation, so the matter can be shown to the court with conviction never relying on taking the Officer's "word for it", And since the court is likely to be biased into believing whatever an Officer would say, then they should be prohibited from making testimony in the first place ---- until they first provide detailed proof (Which is possible to make sure they record at the time they come into the scene) that their testimony is true.

    24. Re: Excessively Punitive by Anonymous Coward · · Score: 1

      Nope. Just like everyone else, police are human to and with any sufficiently large group there are going to be numerous bad apples. Welcome to the real world. I have several police officers in my family and I've seen the good things they have done (save disabled elderly from a fire, rescue children from accuse and neglect, perform CPR, etc etc). There are plenty of good cops so you shouldn't assume they are corrupt, but at the same time they are human and can make mistakes or be corrupt, so don't test them as gods. How about we start treating police like what they are, humans.

    25. Re:Excessively Punitive by Anonymous Coward · · Score: 2, Interesting

      I was once a juror on a kiddie porn website case back in 2005, and the police just lied and made things up that were IT related. For example they said there was no evidence on his laptop as the sized laptop was only 5 days old, therefore his must of got rid of his porn ridden laptop and brought a new one which showed he was trying to cover his tracks.
      They then said because the new laptop had a way to "delete" cookies this showed his was trying to cover his tracks.
      The guy got 5 years.. The Police IT evidence was bullshit, but the paper evidence that 2 of his credit cards has multiple monthly subscriptions to kiddie porn websites is what we the jury found him guilty of.

    26. Re: Excessively Punitive by bestweasel · · Score: 1

      Something made the prosecution drop the case.

      We had a recording of the arrest.

      The recording disproved pretty much everything the two police officers had written in their statements. It also caught the sergeant apparently boasting about how he'd planned the arrest in advance with someone in the Procurator Fiscal's office, who had agreed to prosecute me.

      Ahead of yesterday's hearing, my solicitor had played the recording to the Fiscal. We expected the Fiscal to tell the Sheriff that he was abandoning the prosecution. But the case wasnâ(TM)t even called. After two hours, my solicitor came over to me and said that's it, case dropped, you can go.

      But of course thatâ(TM)s not the end of it. The Fiscal must now investigate and possibly prosecute the two police officers.

    27. Re:Excessively Punitive by Hognoxious · · Score: 1

      None of those points address the fundamental issue: the testimony of police is believed without corroborating evidence.

      This. The defendant shouldn't need to disprove the police's story.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    28. Re:Excessively Punitive by NewtonsLaw · · Score: 1

      And here in New Zealand, when Police (or any other agent of the state) are found to have broken the law it is not classified as a crime -- it is reclassified as "an unlawful act" -- which is double-talk for "yes they did it but nobody will be prosecuted or punished for the act". It has happens time and time again, including when cops "unlawfully" raid the homes of people (including Kim Dotcom and leading journalists) at gunpoint.

      Even though the courts have (on a number of occasions) ruled these acts to be "unlawful", nobody responsible for the offending is prosecuted.

      THAT is an incredibly dangerous situation and speaks to the way that corruption in this country goes all the way to the top, regardless of the government in power at the time.

    29. Re: Excessively Punitive by Jesus+H+Rolle · · Score: 3, Insightful

      When cops lie under oath, you must acquit. Even for murder and child porn, sadly. There can be no justice without truth.

    30. Re: Excessively Punitive by Xest · · Score: 2, Insightful

      I think you're tarring all police with the same brush, but not all police are like that.

      I was surprised for example that a friend in Canada who is a police officer said she'd have no problem giving a friend or fellow officer a pass on a speeding fine, because that shit doesn't fly in the UK.

      I was at a friends wedding and one of the guests was a police officer, I jokingly said to him my wife had got a ticket in the area he patrols and he immediately said he too had been caught by the same mobile operated camera. I asked if they ever give other officers a pass to which his response was "Do they fuck, the guys who man the cameras would happily do their own mothers for speeding".

      So whilst we might accuse them of being cunts, for doing their job to the letter in fining someone for speeding who was only 5mph over the limit on a sunny day, with empty roads in good conditions which is for example less dangerous than being at the limit in poor conditions, one thing seems clear that they're at least not corrupt and treat everyone equally - something I'm well aware isn't true in Canada, and I get the impression, in the US either.

      But I've also spoken to another officer in the past who ran an EFR training session I was in, and one of the things he spoke about from his own personal experience was exactly the situation of traffic accidents - he said that when you're faced with someone in a serious condition needing CPR you don't really notice what's going on around you until you stop, and realise nowadays that some twat is filming this person dying as you try and save them on their mobile phone.

      So when you have a road traffic accident so serious that a number of officers are in attendance and have closed the road then it's quite possible that they've done so because someone has either suffered catastrophic injuries (such as loss of limbs, beheadings, or many other rather gross outcomes) or because someone is still alive, but dying because they're unlikely to be saved. In this case the police officer isn't saying "Please step back" because of some great coverup that they're hiding from you, but because they a) Don't want you to see it because it's quite possible it will genuinely give you PTSD which is enough to keep you awake at night, leave you distracted, and subsequently fuck up your life by causing you to lose your job as a result if you don't get councelling and sort your head out, and b) Because someone who is dying doesn't want some member of the paparazzi taking photos of them to sell to anyone wishing to buy them in their dying moments - it's about basic fucking human decency.

      Now sure, the police have a limited toolset when it comes to dealing with things like that, but they do have powers to shut roads, and prevent access in the case of such things, so it's not overly surprising that when they've told someone to back off and that person ignores them and instead tries to go through a field instead saying "I'm in the field it doesn't count!" like a petulent fucking child all so they can get their traffic accident gore photos for money that the police don't take too kindly to it - it's a hard enough job clearing up such an aftermath at the best of times, much less when someone is trying to profit off the horror of it.

      Remember the policing in the UK uses the system of policing by consent, officers aren't routinely armed precisely because the aim is for them to not have excessive power over the general public which people inherently do when they wield a firearm over someone. This is drilled into them from day 1 of their training, because it's a core tenet of UK policing.

      Now that doesn't make it perfect, you still get plenty of bad apples - just like in every job, there are both people who are bad at their job, and people who are outright cunts in their job. But it's not a majority, most officers are just dealing with shit that most people just don't see and aren't interested in day to day, from clearing up gory traffic accidents, to saving overdosed junkies, to counselling

    31. Re: Excessively Punitive by shilly · · Score: 1

      In which case, how do you know he's a "yobbo"? What's the point of being all snooty and first-principles about things if you're not willing to apply the same standard to yourself?

    32. Re:Excessively Punitive by stoatwblr · · Score: 2

      " we had one guy that absolutely assumed the guy was guilty precisely because he was arrested"

      Last time I was on Jury duty 8 of the jurors were like that and 2 more just wanted to go home.

    33. Re:Excessively Punitive by stoatwblr · · Score: 1

      It's called "noble cause corruption" - and it's right through the NZ structure.

    34. Re:Excessively Punitive by Attila+Dimedici · · Score: 2

      How do you know that they were kiddie porn websites? Oh right, people from the same organization as those that told you that having a way to delete cookies was evidence of trying to cover his tracks. In other words, you believed people who lied, or were badly mistaken about, something you had knowledge of on a subject you did not have knowledge of. In a case like you described I believe that there is reasonable doubt that the defendant is guilty.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    35. Re:Excessively Punitive by jabuzz · · Score: 1

      This is the UK. It is 100% certain that the police will be facing investigation, because there will have been a complaint made previously which is now unblocked by the end of legal proceedings. If they made a sworn affidavit that pre trial that is contradicted by the video evidence they are guilty of attempting to pervert the course of justice and if the CPE fails to prosecute they will be for the high jump too.

      On the other hand if you have convictions for drug possession, and handling stolen goods, are with good reason believed to be a gang member, have taken possession of an illegal hand gun then you put yourself in harms way and if you end up dead frankly you have only yourself to blame.

    36. Re:Excessively Punitive by AmiMoJo · · Score: 1

      I wish you were right about that. By the way, I was thinking more of the murder of Ian Tomlinson.

      At first the CPS declined to prosecute, then was forced to but he was found not guilty. For whatever reason juries seem unwilling to convict police officers even when there is very clear evidence. Finally the Met was sued and paid an undisclosed sum to the family, and admitted that Tomlinson's violent murder had been "unlawful".

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    37. Re:Excessively Punitive by AmiMoJo · · Score: 1

      At this point all police witness evidence should be discarded unless there is corroborating video evidence too. The police can all wear cameras and be careful not to "lose" the footage.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    38. Re:Excessively Punitive by Jason+Levine · · Score: 1

      Resisting Arrest should be a "modifier charge", meaning that it affects the sentencing of other charges but isn't a crime in and of itself. If you are being arrested for robbery and you resist arrest, it might add time to your sentence. However, if the police are arresting you just because they don't like what you are doing, slapping a "resisting arrest" charge on you should do nothing. If there's no reason behind the arrest, why would resisting arrest be a crime?

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    39. Re: Excessively Punitive by dcw3 · · Score: 2

      OF COURSE I would believe a random Joe before I believe a law enforcer. Who wouldn't?

      The majority of the public.

      --
      Just another day in Paradise
    40. Re: Excessively Punitive by Anonymous Coward · · Score: 1

      Your anecdotes don't amount to anything substantial regarding police corruption levels in different countries. You treat giving a pass on a speeding ticket like it's a damning breach of ethics, then you wave away cops lying and conspiring to mislead with a prosecutor, almost leading to a prison sentence for an innocent person, as excusable because "they were just trying to secure the scene and prevent someone from seeing a horror show". Get some fucking perspective dude.

    41. Re:Excessively Punitive by RockDoctor · · Score: 1

      None of those points address the fundamental issue: the testimony of police is believed without corroborating evidence.

      This is Scotland, not America or England. Nobody's evidence is accepted by the court as proof without corroborating evidence. In particular, confessions are not accepted without corroborating evidence.

      Which is one of the reasons that cops go round in pairs. One can corroborate the other's report - or disagree. And you don't keep the same partner for more than a few shifts.

      --
      Birds are not dinosaur descendants;birds are dinosaurs, for all useful meanings of "birds", "are" and "dinosaurs"
  4. Doing something wrong? by Anonymous Coward · · Score: 2, Informative

    This just shows the lengths that the police will go to intimidate photographers and others to try to make them afraid to photograph or record the police! If the police are doing nothing wrong, why would they care if they are recorded or photographed?

    1. Re:Doing something wrong? by Anonymous Coward · · Score: 1

      Why would they care? Because it is improper for subordinates to hold their superiors accountable.

      And that is exactly how police see themselves, as your superiors. Anything you do that could block their ability to bully you to their heart's content, no matter how legitimate, is seen as a moral offense against them, deserving of punishment no matter what the law says.

      This is not particular to police. ALL people with power over others think this way. It is a natural consequence of how the brain responds, neurologically, to having power.

    2. Re: Doing something wrong? by Reverend+Green · · Score: 1

      If they have nothing to hide, they ought have nothing to fear. Right?

  5. 1984 was a warning, not an instruction manual. by Jodka · · Score: 1

    Past convictions of other suspects arrested by those officers and convictions obtained by the prosecutor should be voided if they depended on testimony by the officers or the accuracy of statements made to the court by the prosecutor.

    Does anyone here know if English law works that way? Do the previous victims of the dishonest officers and prosecutor now have a right to re-trial?

    --
    Ceci n'est pas une signature.
    1. Re:1984 was a warning, not an instruction manual. by rmdingler · · Score: 1

      Past convictions of other suspects arrested by those officers and convictions obtained by the prosecutor should be voided if they depended on testimony by the officers or the accuracy of statements made to the court by the prosecutor.

      Does anyone here know if English law works that way? Do the previous victims of the dishonest officers and prosecutor now have a right to re-trial?

      For some of those convicted, yes: those with the resources to hire competent legal representation to bring this to light before the court.

      Unfortunately, many/most defendants agree to plead guilty in exchange for a sentencing deal from the prosecutor, and this agreement typically includes forfeiting the right to appeal.

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    2. Re:1984 was a warning, not an instruction manual. by whoever57 · · Score: 4, Informative

      Does anyone here know if English law works that way?

      This is one of those times it is important to distinguish between Britain, England and, in this case Scotland.

      This happened in Scotland and Scotland has a different legal system. You need to ask if Scottish law works that way.

      --
      The real "Libtards" are the Libertarians!
    3. Re:1984 was a warning, not an instruction manual. by Xolotl · · Score: 1

      They can appeal to the Criminal Cases Review Commission.

    4. Re:1984 was a warning, not an instruction manual. by Richard_at_work · · Score: 4, Informative

      Plea deals are almost unheard of in the UK - there are rare cases where they are handled, but usually it's an odd case to begin with.

      Anyone convicted using witness statements from these officers can apply to have their conviction overturned at a Court of Appeal, and the appeals court will examine their case and either dismiss the appeal, or overturn the conviction - if overturned, it goes back to the Crown Prosecution Service, who can bring another prosecution or not.

    5. Re:1984 was a warning, not an instruction manual. by JustNiz · · Score: 1

      IANAL but as a Brit myself; I believe you're right, kinda.
      It would first require that those police officers get investigated and also found guilty of fabricating evidence. Only then could anyone previously found guilty at least partially on the testimony of either of those officers apply for a re-trial/hearing, on the grounds of a previous mis-trial. A reversal of judgement would still not just be automatic, it would still depend on the judge's decision, which would be mostly based on the degree that the testimony of those officer(s) formed the evidence that determined the original verdict.

    6. Re:1984 was a warning, not an instruction manual. by thegarbz · · Score: 1

      Past convictions of other suspects arrested by those officers and convictions obtained by the prosecutor should be voided if they depended on testimony by the officers or the accuracy of statements made to the court by the prosecutor.

      Why? Can you prove that people never change, don't develop, and that present behaviour is representative of all past and future behaviour? I'm sure psychologists around the world will prove otherwise.

      Don't get me wrong, if he was a lying scum as alleged here then he ought to be punished for it, but that doesn't automatically cast doubt on all other convictions, if it did we wouldn't ever have a witness take a stand. Everyone lies.

    7. Re:1984 was a warning, not an instruction manual. by ChrisMaple · · Score: 4, Insightful

      Not everyone lies under oath.

      It does immediately cast doubt on all other convictions in which these officials were involved, and in those cases the convictions should be re-examined and (if appropriate) further action taken.

      --
      Contribute to civilization: ari.aynrand.org/donate
    8. Re:1984 was a warning, not an instruction manual. by edittard · · Score: 1

      There's a big scandal going on right now about prosecutors not disclosing evidence. Not quite the same thing, but if there's doubt about a conviction there is an appeal mechanism.

      --
      At the bottom of the /. main page it says 'Yesterday's News'. Well they got that right.
    9. Re:1984 was a warning, not an instruction manual. by russotto · · Score: 2

      Not everyone lies under oath.

      All police officers do. They know the elements of the crime they're accusing you of, so to get a conviction they'll tell a standard story that hits each of those elements (whether true or not), embellishing with details from their notes for verisimilitude.

  6. Re: News for nerds? by Anonymous Coward · · Score: 1

    Yeah lol.

    Here in Australia the cops are fine. Every time I hear someone say bad things about them, I ask them if they were being a dick. Every time I've asked that, the answer has been yes.

    Not sure how this made front page news on a tech site. The judge wouldn't have imprisoned the journalist most likely regardless

  7. HTF by Frank+Burly · · Score: 5, Insightful

    How does this guy keep getting /. articles based on his uncorroborated, self-published, vaguely overwrought blog posts?

    Dude, can you post the video that saved your hide?

    The charging documents?

    Can you have someone from the union release a statement on what they accomplished?

    It sounds like you pissed off an asshole cop, and the prosecutor looked at the evidence and decided to drop the case. It's too bad you had to go through that, but is there a tech angle that I am missing?

    1. Re:HTF by Anonymous Coward · · Score: 1

      Frank is complaining about how uncorroborated and verified this whole series of stories has been not about the content. It would be nice to see the video, a news article on the incident or some other source about and not just a random blog post.

    2. Re:HTF by Anonymous Coward · · Score: 1

      I'm with Frank. Video or it didn't happen. Just like the poster claimed saved him before.

    3. Re:HTF by Anonymous Coward · · Score: 1

      Seconded. This won't be the first time some "journalist" make up a whole story to boost his own popularity or push some hidden agenda.

      Evidence please.

  8. Re:Exonerated... by HiThere · · Score: 1

    Not entirely. If you think so, you're living in a fool's paradise.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  9. Re:No. by Anonymous Coward · · Score: 1

    Then the American experiment failed

  10. Re:Show a pattern or practice by whoever57 · · Score: 1

    I'm not a Scottish lawyer. On the other hand, US law largely comes from English law, and I can pretty convincingly play a US lawyer, in court.

    FTFY. Scottish law is not the same as English law.

    --
    The real "Libtards" are the Libertarians!
  11. Whenever you have the opportunity, record! by Applehu+Akbar · · Score: 4, Interesting

    Always record incidents, public or private authority notwithstanding. The Dao dragging incident would have been quietly covered up had it not been for all those nearby passengers snapping away with phonecams.

    If you encounter a ban on recording incidents, record more. Today's tech makes it easier to record surreptitiously than ever before. If there is a threat of officially forced deletion, get your footage onto social media as quickly as possible. Some camera apps have an option to automatically mirror to your Dropbox account.

  12. That's one psychologist's criticism by UpnAtom · · Score: 1

    And from another psychologist, I'd say his criticism is overblown.

  13. I've never heard of UK police being prosecuted by UpnAtom · · Score: 1

    Whilst UK police seem to be better behaved than their US counterparts, they are almost never punished.

    1. Re:I've never heard of UK police being prosecuted by taylormc · · Score: 2

      https://www.mirror.co.uk/news/... No information here about sentences handed out, but I've never read of any derisory sentences being handed out. We generally hold our police officers to account.

  14. Re:Great Britain. Ftfy by whoever57 · · Score: 4, Informative

    When correcting someone, it's suggested to make absolutely sure you're right. Otherwise you look like not only an asshole, but also a fool.

    I agree. You do look like a foolish asshole:
    "Since the Union with England Act 1707, Scotland has shared a legislature with England and Wales. Scotland retained a fundamentally different legal system from that south of the border, "
    https://en.wikipedia.org/wiki/...

    not from England, which no longer existed as a country by 1707

    "England is a country that is part of the United Kingdom."
    https://en.wikipedia.org/wiki/...

    --
    The real "Libtards" are the Libertarians!
  15. Re:Great Britain. Ftfy by whoever57 · · Score: 1

    Furthermore, the page you reference notes differences in Scottish law.

    --
    The real "Libtards" are the Libertarians!
  16. Re:The Left thinks Only Police Should have Weapons by Actually,+I+do+RTFA · · Score: 4, Insightful

    And it's a good thing only the police had weapons in this situation. The photographer went through the legal process and won. If he had started a gun battle, he would have been shot dead and never vindicated.

    --
    Your ad here. Ask me how!
  17. Re:Keep reading a few lines down by whoever57 · · Score: 1

    Really, you descend to using strawmen instead actually attempting to refute my statement? None of what you show above refutes anything I wrote. I'll take it that you agree with me.

    Here is a clue for you. In the World cup, a competition between national teams, is there a UK team, or an English team? Also, I suggest you do some reading about the Scottish Parliament.

    --
    The real "Libtards" are the Libertarians!
  18. It's about, you know, by fredrated · · Score: 1

    freedom. Do we still have any? Is it important?

    1. Re:It's about, you know, by Frank+Burly · · Score: 1

      If we start hearing that the press is being regularly harassed because of its coverage of minor traffic accidents in Scotland, then I will be more inclined to think that this is a free speech issue, rather than an Andy Smith issue.

  19. Re:Keep reading a few lines down by Anonymous Coward · · Score: 1

    "That's not a good source" is a valid argument when you've provided a good source, but not so much to defend ignorant nonsense you've pulled out of your own arse.

  20. Re:The Left thinks Only Police Should have Weapons by FlexAgain · · Score: 1

    Frank Burly (4247955), said:

    And it's a good thing only the police had weapons in this situation. The photographer went through the legal process and won. If he had started a gun battle, he would have been shot dead and never vindicated.

    It is very unlikely that the police officer was armed. UK police are rarely armed, and there's almost no reason why a policeman, such as in this case and in this location, would be carrying a gun.

    --
    Actually it is rocket science...
  21. This is why cops should and are going to body cams by John+Jorsett · · Score: 1

    Body cams won't solve all of these issues, but at least they make it more difficult for cops to just invent things. Video can also exonerate officers unjustly charged with brutality or other violations of rights, so it's not a one-way street. The trick is to implement body cams with policies that are enforced, such as always turning them on during interactions with the public, making it impossible for them to be erased by the officers wearing them, etc.

  22. Re:Great Britain. Ftfy by Sesostris+III · · Score: 1

    1707 was the date of the acts of the union of the parliaments. There still remained (and still remains between these two) two legal systems; one for England and Wales, and one for Scotland. There is also a third one for Northern Ireland.

    There are three separate prosecution services. One for England and Wales:

    The Crown Prosecution Service

    One for Scotland:

    The Crown Office and Procurator Fiscal Service

    And one for Northern Ireland:

    About the PPS

    For some differences between England and Scotland: The Differences Between The English And Scottish Law

    Northern Ireland is different again. (It is the only part of the United Kingdom where abortion is still illegal.)

    As to which of these the US got its laws from, I'll leave that to someone in the US!

    --
    You never know what is enough unless you know what is more than enough. - Blake
  23. on moral certitude by epine · · Score: 2

    Psychology Today is the best you can do? Whose side are you on, anyway?

    The Lifespan of a Lie — 7 June 2018

    About the author:

    * Ben Blum was born and raised in Denver, Colorado.
    * He holds a PhD in computer science from the University of California Berkeley.
    * He was a National Science Foundation Graduate Research Fellow.
    * He received an MFA in fiction from New York University, where he was awarded the New York Times Foundation Fellowship.

    The author did mundo research, which including, near the end, an interview with Zimbardo himself, which included the following Frost–Nixon interaction:

    "If [prisoners] said, 'I want to get out,' and you said, 'Okay,' then as soon as they left, the experiment would be over," Zimbardo explained. "All the prisoners would say, 'I want to get out.' There has to be a good reason now for them to get out. ... That's the whole point of the Pirandellian prison [Ed. note: Pirandello was an Italian playwright whose plays blended fiction and reality]. ... "

    Zimbardo confirmed that David Jaffe had devised the rules with the guards, but tried to argue that he hadn't been lying when he told Congress [and others] that the guards had devised the rules themselves, on the grounds that Zimbardo himself had not been present at the time.

    He at first denied that the experiment had had any political motive, but after I read him an excerpt from a press release disseminated on the experiment's second day explicitly stating that it aimed to bring awareness to the need for reform, he admitted that he had probably written it himself under pressure from Carlo Prescott, with whom he had co-taught a summer school class on the psychology of imprisonment.

    The entire article is awesome. Read it now.

    In summary, the entire experiment was conducted on the basis of publish or perish, and Zimbardo left few stones unturned—acting mainly through compliant Lieutenant Jaffe—to ensure that the end result was "publish".

    Here's another link I dropped into a Slashdot thread a few days ago, of an academic whose pursuit of his local career incentive crossed more than a few lines:

    Why the Joy of Cooking is going after a Cornell researcher — 28 February 2018

    Plus, Orwellian popcorn swells enrollment and sells textbooks:

    For psychology professors, the Stanford prison experiment is a reliable crowd-pleaser, typically presented with lots of vividly disturbing video footage. In introductory psychology lecture halls, often filled with students from other majors, the counterintuitive assertion that students' own belief in their inherent goodness is flatly wrong offers dramatic proof of psychology's ability to teach them new and surprising things about themselves.

    On the other hand, there's a responsible, modern literature, such as Robert Sapolsky's Behave: The Biology of Humans at Our Best and Worst (2017).

    There are specific passages in there about the neurobiology of bad cops (under stress, unreliable neural pathways become faster and stronger than reliable neural pathways, operating entirely beneath the level of executive self-control).

    Another recent book, Matthew P. Walker's Why We Sleep (2017) explains why—in modern society—operating at far less than our best has become de rigueur.

    At the center of this book, with more laboratory studies than you can shake a stick at (many of these conducted until the cold, impartial eye of clinical fMRI scans),

    [*] fMRI scans are cold and impartial when applied to slow, global brain phenomena such as sleep; for the fast and small, this, too, can be Wansinked.

    I colourful

    1. Re: on moral certitude by rendall · · Score: 1

      This is a pretty astonishing essay, appearing in the midst of Slashdot commentary. Good job! I do disagree with your characterization of elites in a meritocracy as a kind of Pareto distribution. Humans are fallible; subject to illness, age, the winds of fashion, trauma, boredom, life-altering enlightenment, compassion, and all sorts of other experiences that will distract or derail their rat chase. Look at the life arc of any famous athlete, programmer, entertainer, or even hedge fund manager; false starts, spectacular failure, some grit to try again.

    2. Re:on moral certitude by St.Creed · · Score: 1

      I just bookmarked this. I'm too tired right now to know if this makes sense or not, but it certainly looks interesting.

      --
      Therefore, by the (faulty) logic you're using, you're just a cow with a keyboard - osu-neko (2604)
  24. Re:Keep reading a few lines down by shilly · · Score: 2

    Not only is Scots law distinct from the law in England & Wales, it is famously distinct to the point that juries in trials can return a third verdict.

    Why don't you go find out what it is, and then come back and apologise to everyone for thinking you knew better, when you really really didn't.

  25. Re:This is why cops should and are going to body c by Attila+Dimedici · · Score: 1

    You did indeed hit on the great part about body cams for police officers. They protect both the police and non-police from false accusations. While almost all of the body cam footage has resulted in showing that police were falsely accused, I suspect that the presence of body cams have kept the police from making false accusations in some situations.

    --
    The truth is that all men having power ought to be mistrusted. James Madison
  26. Re:The Left thinks Only Police Should have Weapons by houghi · · Score: 1

    Could well be that neither had guns. Not all police peoplke wear guns.

    --
    Don't fight for your country, if your country does not fight for you.
  27. Re:The Left thinks Only Police Should have Weapons by Actually,+I+do+RTFA · · Score: 1

    It is very unlikely that the police officer was armed. UK police are rarely armed,

    UK police are rarely armed, and UK civilians aren't clamoring for the right to own guns. These are related phenomena. If we take the poster I was responding to We have to assume if the lawss changed so that the citizenry could own/carry guns, that far more police would too. Look at the US for an example.

    --
    Your ad here. Ask me how!