Posted on 11/07/2005 11:49:31 AM PST by radar101
Where do I file a complaint about judicial misconduct?
Then the corollary should also be true:
If the perp is not prepared to do jail time when caught in a false statement, the perp should keep his mouth shut.
Well, cops are free to lie to citizens if they think it'll take an issue where they want it to go. What's good for the goose...
The criteria used is based on the prosecutor once the complaint has been found to be false. I would assume an internal investigation by the police department would lead to a prosecutor taking action.
I still don't see how this would intidate anybody from filing a complaint.
Darren Chaker, who has filed at least ten lawsuits against San Diego police agencies, has sought federal habeas corpus review of his conviction for falsely claiming excessive force against an officer. Chaker claims that the law violates his First Amendment protection of free expression. This claim was raised, for the first time, after his sentence for the conviction had been completed. At the request of the San Diego District Attorney, CJLF has joined the Ninth Circuit's review of this claim to argue that 1) federal rules do not allow consideration of habeas corpus claims after the petitioner's sentence is completed and 2) the First Amendment does not prevent states from punishing those who intentionally lie in a formal complaint against a police officer.
http://www.cjlf.org/cases/pending.htm#Chaker
Well. They must have found something in the 'emanations from the penumbra' of the First Amendment to allow them to circumvent their own habeas corpus rules. Neat trick.
I don't. If you have a good street cop, he (she) will generate complaints regardless if they've done anything wrong. Often its misconception on tactics, etc. but having the complaints (even unfounded ones) in the officer's "jacket", will preclude that cop from getting promoted.
So if some S.O.B. especially a crook makes complaints, the good hardworking (effective) cop is denied pay raises promotions mean, and their families are punished.
Why are you getting snarky with me? I don't understand your point.
Were the minds of everyone a fishbowl before a judge, you would have a point; it would be impossible for any lie to prevail. Unfortunately minds aren't, and whitewashing is easy because of the trust the system places in officers/occifers (who in advance can sense a situation which is likely to generate a complaint). Let occifers risk the same thing for being found guilty of whitewashing that a subject would for a malicious accusation.
Few years ago in a court case, local chief of police took the stand against me and told lies. Everyone in the room knew he was lying. I lost....He had been a friend for many years but sold out to protect others LEO.
Years later on his deathbed he asked for forgiveness, it was given.
Having worked with and known a lot of LEO over many years, I never met one that was totally honest. All had the same mentality, "us against them".
Ever hear the term, you can't fight city hall?
With little evidence who's to say it's false? Most complaints are he said, she said, type complaints, with little evidence. The cops and judges/courts are basically all working together, on the same team.
Citizens are left twisting in the wind.
Sounds like a due process violation if so. The sentence can't be ungiven, but the conviction can be wiped.
Filing a false criminal complaint against anyone should be illegal.
I guess filing a false affadavit in favor of a police officer should be illegal too - the key is that this isn't just talking on the street - it's filing an official legal claim.
It is. Better known as perjury.
if the cops lie to me it's disinformation,if i lie to the cops it's a felony.whats wrong with this picture?
Exactly. Anytime a cop has tried to convince me of something I've always responded with, "Well, considering that you guys are liars by law, what makes you think I should believe you?"
See post 29. It is true - even the best cops generate complaints.
Most complaints are not he said/she said, most are "he violated my civil right by (fill in the blank)," and most departments are very eager to look into the claims. The internal investigation machine is much like the Valerie Plame situation, even if you are cleared of the original charge they will find SOMETHING to get you on.
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