I'm saying that if I understand you, your proposed alternate procedure would be to keep someone like this out of the general population, in a cell by himself. And that that's great, and would in fact be a good idea if there were clear-cut criteria for doing so, except for one thing. As a rule, jails are over-crowded and there may not be enough individual cells available. SO what might work ok for 3-4 hours while someone arranges for bail would not be practical in cases like this whether the man was held for a week. I agree that from what I know about this he should not have been held for a week. But the point is, past 24 hours or so, you're starting to look like you'll be there a while.
On Mon, Apr 2, 2012 at 3:20 PM, Judah McAuley <ju...@wiredotter.com> wrote: > > I'm not sure what you're saying, Dana. > > Judah > > On Mon, Apr 2, 2012 at 3:19 PM, Dana <dana.tier...@gmail.com> wrote: > > > > ok, but you're arguing for keeping people in individual cells, which is > > fine for a few hours maybe, but impractical for the week this man was > > incarcerated, not to mention that it would itself draw complaints of > > inhumane treatment. > > > > On Mon, Apr 2, 2012 at 3:16 PM, Judah McAuley <ju...@wiredotter.com> > wrote: > > > >> > >> I'll let the lead author of the dissent, Justice Breyer, in this case > >> take out your argument: > >> > >> **** > >> The New York Federal District Court, to which I have referred, > >> conducted a study of 23,000 persons admitted to the Orange County > >> correctional facility between 1999 and 2003.These 23,000 persons > >> underwent a strip search of the kind described. Of these 23,000 > >> persons, the court wrote, the County encountered three incidents of > >> drugs recovered from an inmates anal cavity and two incidents of > >> drugs falling from an inmates underwear during the course of a strip > >> search. The court added that in four of these five instances there > >> may have been reasonable suspicion to search, leaving only one > >> instance in 23,000 in which the strip search policy arguably > >> detected additional contraband. > >> > >> [...] After all, those arrested for minor offenses are often stopped > >> and arrested unexpectedly. And they consequently will have had little > >> opportunity to hide things in their body cavities. > >> > >> **** > >> > >> 1 incident out of 23,000 that might have uncovered something illicit > >> with a strip search that was not based on reasonable suspicion. And no > >> incidents that found any weapons. > >> > >> Now, about these hypotheticals y'all keep saying aren't hypothetical... > >> > >> > > > > > > ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:349402 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
