03-05-2018, 05:19 PM
(03-05-2018, 01:17 PM)fredtoast Wrote: Let me make this as simple as possible
Oh, please do.
Quote:All it takes to arrest a person is a sworn statement from a victim. That is enough to take a away an individuals personal liberty until he gets in front of a judge.
If it's a serious crime, meaning minimally a felony. Misdemeanors can be cited out or the person released OR pending a hearing.
Quote:All it takes to get a restraining order is a sworn statement from a victim. That is enough to take away a persons rights to his property until he gets in front of a judge.
Except, and huge difference here, a detained person has a right to see the judge for a detention hearing quickly. I can't speak for other states, but it's within 48 hours in CA (business hours btw). At the detention hearing a judge will hear arguments for release either OR, with bail or with electronic monitoring. You yourself admitted that an actual hearing on a temporary restraining order can take weeks.
Quote:Both of these situations give the absolute same protection of due process. All these claims about people being denied due process is nothing but fear mongering to play on the ignorance of the rubes who believe anything the NRA spoon feeds them.
No, they don't give equal protection. Making a false police report is a criminal act. Getting a temporary restraining order and then not following through with making it permanent is not. This is in addition to the extreme time difference before the accused is entitled to argue their side before a judge. I am not even remotely alone in having concerns with this lack of due process, not in the United States and not in this thread. You discount these concerns for whatever reason you choose, but to simply label them illegitimate is specious at best.
