• BarneyPiccolo@lemmy.today
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    5 days ago

    We need to talk a LOT about Jury Nullification in this country. They are trying to weaponize the courts, and ultimately it doesn’t come down to the system, or the judges, it comes down the Citizens simply saying NO.

    Trials put the power into the hands of the Citizens, and we should exploit that power against our Opressors. WE will decide who gets punished in this country.

  • COASTER1921@lemmy.ml
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    6 days ago

    I imagine all cases prosecuted for destruction of networked Flock and Axios cameras are going to struggle to get through a jury. It’s a clear privacy violation and everyone knows it.

    • blargh513@sh.itjust.works
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      6 days ago

      While you are right, there are almost no laws in the US that protect privacy. Short of being in your own home with the blinds down, there is next to nothing working in your favor. The assumption is that you’re in “public” or clear view of the public, thusly, screw you.

      Your pool? Clear view from the road. That douchenozzle with a drone, probably not breaking the law when he takes a video flying over. “Oh, I was looking at my own roof” or some bullshit.

      There should be privacy laws. The world has changed so much, but most laws are stuck in the stone age and now sold to the highest bidder who actively monetizes the complete lack of privacy laws.

      In the US, you can look up TONS of details about anyone’s house. From the sale price, the tax history, tons of details about it and even photos of the inside. In what normal world does that make sense?! Your employer sells your salary data to ADP who then sells it to any number of others. What the actual fuck?! Nobody asked for this, it’s opt-out only but the opt out expires. I did it a few years ago, and it’s back on again.

      If privacy were not important, then there should not be bathroom doors.

      • COASTER1921@lemmy.ml
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        5 days ago

        We have legal precedent that the police cannot use GPS trackers. A similar case was opened for the APLs in traditional speed cameras, but they were determined to be constitutional since you have no expectation of privacy on a public road and a camera can’t be used to track you like GPS. The networked APLs accomplish the same result as GPS trackers just without technically using a GPS tracker.

        • Talcosis@lemmy.zip
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          6 days ago

          Companies are trying to prevent people switching jobs to get raises by creating a central database of all employees and their salaries. That way, when you try to find a new job they can pull up your salary history and not accidentally give you a 40% bump when your desperation factor clearly shows you’ll settle for 10%.

          I assume adp is just one of those companies doing this, and you opt out by not participating in the economy.

      • KingGimpicus@sh.itjust.worksBanned from community
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        6 days ago

        There are plenty of privacy laws, but the catch is that you have to make an effort to create privacy. Putting your blinds down creates privacy. Building a roof over your pool and walls around your yard create privacy. There is just no expectation of privacy in public, and technically anything that can be seen from public is “in plain view”. Protecting your privacy is not a function of the state unless you had an expectation of privacy through explicit disclaimer or honest effort.

        • Jason2357@lemmy.ca
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          5 days ago

          This definition of “privacy” just makes it an addon of property rights, rather than a human right.

          How truly American.

        • korazail@eviltoast.org
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          5 days ago

          Just adding here, what is clear to all of us as Coaster indicated, that aggregate privacy and anonymity are what is really at stake here.

          Sure, I’m in public and just walking around. I don’t have a right to privacy in those instants. Some jerk with a camera is within their rights to capture my image.

          The other aspect of the laws, though, is that even a few years ago, that image was of an anonymous person. The photographer didn’t know who I was and couldn’t find out without asking me and if a cop wanted that picture they had to request it from the taker. Now, though, that image can be shuffled off to a giant datacenter to be processed and potentially figure out who I am, coordinating the time, place, clothing, activities, nearby people, and myriad other details and the tech companies have no problem handing it over that information without any of the humans ever knowing.

          I think the simplest solution is that any LEO querying a company’s data about a private entity should require a warrant or subpoena. Data sharing agreements between companies and governments should be illegal.

          The longer solution is that collecting and retaining this information “for business purposes” needs to be more heavily regulated. The current definitions of PII are out of date. PII should include things like location, likeness, mood, etc, and the history of those things. Look at what Walmart and others are doing with dynamic pricing, for example.

      • LordCrom@lemmy.world
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        6 days ago

        But if you are in public and i follow you nonstop, keeping track of where and when you go…well you would say i was stalking you. Why is it bad for me but ok for a network of cameras.

        We need 1 good lawyer to argue this case.

  • ChunkMcHorkle@lemmy.world
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    7 days ago

    That whole “a good prosecutor could indict a ham sandwich” was when you could pull your jurors out of a citizen pool that didn’t walk in already believing you were lying through your fucking teeth.

    But then they pulled the mask off, and let us all see how they are using the courts for vindictive prosecution and political harassment.

    Looks like the ham sammich days are ending, lol.

    • bedwyr@piefed.ca
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      7 days ago

      I just heard about a prosecutor that didn’t get all of his indictments and then sent the jurors that voted against him home and replaced them. That and other stuff, they aren’t even pretending to follow the rules, they think everything is more openly corrupt than it is yet.

      But anyway, the courts threw out like 200 indictments because this prick prosecutor didn’t think he had to follow the rules/didn’t know or care what the rules were.

      • Uriel238 [all pronouns]@lemmy.blahaj.zone
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        7 days ago

        The Department of Justice has been doing stuff like that a lot since the Trump administration, to the point that they lost presumption of regularity (the assumption in advance that state actors are being honest and following the rules in good faith). There were so many prosecutions that were clearly directed by the White House and were vindictive persecutions of political enemies that the judges just stopped believing anyone from DoJ.

        It didn’t help that all the honest prosecutors in DoJ resigned when they were ordered to do something unlawful, resulting in massive brain drain. All the rehires are unskilled if not incompetent, and sometimes they issue legal statements that sound like a Truth Social post.

      • ChunkMcHorkle@lemmy.world
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        7 days ago

        Holy shit. That’s some arrogance right there, thinking no one would ever know or find out. Grand juries are secret, but they’re not THAT secret.

        they think everything is more openly corrupt than it is yet.

        You nailed it.

        • SolSerkonos@piefed.social
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          6 days ago

          IIRC that instance was so egregious the lawyer that did it’s boss intervened and scrapped the entire grand jury to start over.

        • bedwyr@piefed.ca
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          7 days ago

          I called this decline into insanity and fascism back in the mid 90s. Also nailed global warming in 2000 or so, and called the nsa’s bullshit years before snowden to name a few.

          I am only right on the bad predictions, my good predictions are a shitshow.

          • nobodysreadingthis@quokk.au
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            7 days ago

            I didn’t get it that far back. I blame Pokémon. Except global warming. I was just kind of raised with it as a fact.

            • HubertManne@piefed.social
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              6 days ago

              whats funny is I help found an environmental group in college and did a lot of recycling things and it took the gore movie for it to get on my radar.

                • bedwyr@piefed.ca
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                  5 days ago

                  It sucks he resigned an election he won because the courts decided to disfaithfully charge their duty. The now lionized by the dem establishment Ruth Bader Ginsburg was the deciding vote on giving the vote to the loser of the election by the way.

                  Fuck Al Gore. Voters decide elections, not courts, he should have stood up and taken it, but our dem leaders, especially for president, are chosen because they are weak kneed sell outs. Biden was just the progression where every cycle it gets worse respective of party.

                • HubertManne@piefed.social
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                  6 days ago

                  yeah I keep imagining how different things would be if we had 8 years of gore instead of bush in the first 8 years of the millenium. we got screwed on that hanging chad.

          • explodicle@sh.itjust.works
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            6 days ago

            You should bet on stuff you don’t like. Then if you win it’s like an insurance payout. Your prediction skills will make money for you, and you might create incentives for other people to reduce bad things.

            • bedwyr@piefed.ca
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              5 days ago

              Yeah that is good advice, hedge the bad times coming. I haven’t patronized these betting sites because the one I liked, predictit, run by a couple universities, one in new zealand, was outlawed by the US while they gave the franchise to for profit companies. I am salty on this.

              It was outlawed a while back, can’t remember if it was the prez’ first term or Biden’s. I think the latter actually, biden was a fucking cunt.

  • Space_Cowboy92@lemmy.world
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    6 days ago

    FlockHopper is a great way to see where they’re going up around you. You know, for avoiding them and NOTHING ELSE.

    • Echo Dot@feddit.uk
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      6 days ago

      That case is way too political. Common sense has gone out of the window there.

      Every time they ever move him around every cop in the area always seems to need to be involved. It’s not like he’s accused of slaughtering an entire precinct with nothing but his bare hands or anything, supposedly he shot one person with a gun that he obviously no longer has. I’m really not sure why they treat him as Hannibal lecter.

      • deliriousdreams@fedia.io
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        6 days ago

        To convince the public he’s guilty. It’s one of the ways they skew the narrative.

        Remember in the movie “SWAT” where that monster guy who entered the country illegal to kill the one guy and then offered money to get him out? That’s Hollywood doing their part to put the idea in our minds that this kind of thing is warranted.

        People do want to help Luigi and that scares the shit out of them too. They expected people’s moral compass to make them side with the CEO he shot. But that’s not what happened. The general public is very much pro Luigi.

        • irish_link@lemmy.world
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          6 days ago

          The comic of all the insurance claims denied and labeling it “legal murder” does a good job explaining why the moral compass is with Luigi. Everyone knows a friend or friend of a friend who has been denied a claim that could help.

          • deliriousdreams@fedia.io
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            4 days ago

            The people leading the push for his prosecution are very much out of touch with that reality though. Cops and prosecutors have some of the best healthcare in the country.

      • SpookyBogMonster@lemmy.ml
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        6 days ago

        I’m really not sure why they treat him as Hannibal lecter

        Because he has the audacity to kill a capitalist, instead of a fellow poor

          • TrackinDaKraken@lemmy.world
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            5 days ago

            The farther you move up the ladder, the less they see us as human. “Human resources” says it all. We’re just another resource to them, like coal, or water, or electricity. An input in their factory to achieve a product output. They don’t care what happens to us while there, as long as we keep producing. They don’t care what happens to us when we leave, as long as we don’t sue them, or smear their name.

            Zero fucking empathy for anyone but themselves, not even their own kids. They know what they’re doing is terrible, that’s why they’re building bunkers. They fully expect us to turn on them at some point in the near future. That’s why they surround themselves with boot-licking bodyguards.

    • nkat2112@sh.itjust.works
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      6 days ago

      Good point. If I’m not mistaken, court juries can still pass a jury nullification for Luigi Mangione, right?

  • FlashMobOfOne@lemmy.world
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    7 days ago

    Of course they didn’t indict him.

    I was having ribs with this dude. Couldn’t have been him.

  • boaratio@lemmy.world
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    6 days ago

    I looked online, and I’m kind of disappointed that there aren’t any nearby where I live. I want to do my part!

  • heartSagan5@lemmy.zip
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    6 days ago

    On the subject of Flock…

    These are “autonomous deputies?” But uh, where is every single warrant for every plate they catch on a car? The plate may be public property, but the vehicle is not. Sure, maybe a bank has a lien due to a loan, but it’s still private property. This is some serious 4th Amendment violation because I have seen 0 warrant for any of these unwarranted searches.

    • KingGimpicus@sh.itjust.worksBanned from community
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      6 days ago

      They dont need a warrant for a plate that is visible from public. If your car was locked up in a garage, that would be a different story. Taking your car out in public is the same as taking your face out in public legally speaking.

      • AA5B@lemmy.world
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        5 days ago

        That really needs to change also. That made sense back when it was just recording something in public that a random officer could have seen, but it’s no longer the same thing. No police force could have such large scale comprehensive surveillance and recording based on what an officer could have seen in public .

        The fact that you could even have an officer overstep his authority to stalk someone one nationwide for personal reasons, is not just a failure of privacy safeguards, but proof that large scale surveillance is not the same as “what any random officer could have seen”

        There needs to be a threshold, beyond which a warrant is required

        • KingGimpicus@sh.itjust.worksBanned from community
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          5 days ago

          You are correct in theory. In reality, its messy.

          The courts suppose that a theoretical officer could be at any public place at any time for various reasons, and they are correct. Anything viewable from a public space is subject to plain view doctrine.

          Your problem is that you say the scope of the actual surveillance available is disproportionate to the reality of what officers could feasibly see in the same timeframe. You are basically arguing that a continuous surveillance of public spaces constitutes an overbroad search.

          The problem is that courts have set no upper limit on passive public observation. I cant think of any precedent where “the cops look this way too much” has ever been set as a valid cause of action against a government interest. Your best bet would be trying to argue that its prejudicial, but it’d be hard to proceed when there is surveillance on everyone pretty equally.

          My problem with it is mostly that its a private network. If these cameras and services are being paid for with public funds, then the images they capture should be available for public use. Thats a whole new nightmare all on its own, but thats kind of the technohorror future we are building towards. Anyone being able to track down anyone at any time is a scary thought. But that’s what you get when you build a giant spy network with public money. The public gets access according to the law.

          • AA5B@lemmy.world
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            3 days ago

            Clearly the private ownership is part of this dystopia. Even if we were to place limits or safeguards on this surveillance, it probably won’t apply to purchasing private databases

      • Bluewing@lemmy.world
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        5 days ago

        You what really works? Having a law on the books that plainly states the “the driver must be ticketed”. And NOT the vehicle. So unless they pull the car over and hand the ticket to whoever is driving, they can’t use cameras for that purpose.

        • KingGimpicus@sh.itjust.worksBanned from community
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          5 days ago

          Cool, so anyone who can afford a self driving car is immune to tickets and traffic citations. Very bourgeois.

          Ticketing a car is a good practice to avoid police interaction, which is the real danger in this country. The burden of proof still applies in court, so even if you did get a “phantom” ticket, they still have to prove you were in control of the vehicle at the time. I recently got a red light camera ticket on a rental thrown out because I showed i turned in the vehicle 4 hours before the time of the infraction. Goddamn Hertz tried to throw me under the bus. Always keep your receipts.

          • Bluewing@lemmy.world
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            4 days ago

            You were lucky. What would have you done if you couldn’t prove you no longer had possession of the car? If they had ticketed the driver directly, none of that could have happened to you. There would have been nothing for you to prove.This is why the state I live in has had that law requiring ticketing the actual driver and not the car decades before traffic cameras were even a thing.

            And since there are no self driving cars that can be commonly found on the roads today, that’s a silly idea. And IF that time ever comes, someone is still going to need to be liable for that self driving car as it goes down the road. That software is going to be so locked down it must follow all laws without exception. Because the company will hold the liability.

            • KingGimpicus@sh.itjust.worksBanned from community
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              4 days ago

              I literally say “save your receipts” at the end of my post and you come back with “well what if you couldn’t prove it?”

              Thats what court is for.

              Are you saying we should implicitly trust what a cop says just because they happened to be around to write a ticket? What makes an officers testimony more reliable than a photograph or video? In my state, cops arent even allowed to pull people over for minor traffic infractions anymore because they cant seem to stop targeting black and brown people. Do you think that’s somehow better than a speed camera or red light cam that doesnt care if the person driving is white or not?

              • Bluewing@lemmy.world
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                3 days ago

                Court is time consuming and expensive. You lose a day’s wages, you get probably get fined anyway, and you may also need to pay a lawyer and court costs. So you assume everyone can afford that? White or Black?

                It must be nice to have that extra money.

    • heartSagan5@lemmy.zip
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      6 days ago

      Also, these cameras are subject to angular resolution. The “AI” is hallucinating if it “sees every plate” because some are blurry nonsense, even to a human.

    • bedwyr@piefed.ca
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      7 days ago

      For once yes. Grand Juries at the time of the Constitution were a safeguard against arbitrary and unjust prosecutions. The rulers have since changed what a grand jury is to make it the opposite, a tool of the prosecutors.

      Luckily the prosecutors for this administration are so arrogant and incompetent they haven’t been able to maintain that facade of trustworthiness which the masses still afford to dickheads in suits with position.

      Of course the judges are so bad it often doesn’t matter, especially when it’s in a shitholy jurisdiction, like those protesters at the Texas Ice that got kangarooed by their dipshit hanging judge down there under preposterous, blatantly unconstitutional charges, cancelling the 1st amendment.

    • Uriel238 [all pronouns]@lemmy.blahaj.zone
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      7 days ago

      Curiously, when I was drafted into jury duty here in California, we were shown a video that said something like The people are society’s last line of defense against bad law.

      I took it personally, figuring it was my duty to not enforce any law that was unjust or protect any institution that was cruel. But I didn’t get selected.

      • Tollana1234567@lemmy.today
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        7 days ago

        i was in JD last sept, it was a burglary case about a AA person, almost everyone used a variation of NULLIFICATION to get out of it. Also in cali, they try very hard to keep these people around. the only ones that excuse quickly is the one that already had professional knowledge of the law(lawyer from germany), and a lady who was in a case where she was a victm.

      • explodicle@sh.itjust.works
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        6 days ago

        Things have improved! Once I was rejected because I answered truthfully about whether I’d always vote for the law as written.