"under Feiock, such proceedings are sufficiently criminal in form and function to invoke the full protections of due process..."
This makes me question many existing civil things. Obviously child support, as in the case law. But also, things like red flag laws. It seems like any civil law that would apply criminal-type contemt penalties is unconstitutional.
Per the US Supreme Court in Hicks v. Feiock 485 U. S. 624 (1988):
>The substance of particular contempt proceedings determines whether they are civil or criminal, regardless of the label attached by the court conducting the proceedings.
>See Shillitani v. United States, 384 U. S. 364, 384 U. S. 368 -370 (1966); Penfield Co. v. SEC, 330 U. S. 585, 330 U. S. 590 (1947); Nye v. United States, 313 U. S. 33, 313 U. S. 42 -43 (1941); Lamb v. Cramer, 285 U. S. 217, 285 U. S. 220 -221 (1932); Gompers v. Bucks Stove & Range Co., 221 U. S. 418, 221 U. S. 441 -443 (1911).
>Civil contempt proceedings are primarily coercive; criminal contempt proceedings are punitive. As the Court explained in Gompers:
>The distinction between refusing to do an act commanded -remedied by imprisonment until the party performs the required act; and doing an act forbidden -punished by imprisonment for a definite term, is sound in principle and generally, if not universally, affords a test by which to determine the character of the punishment.
>221 U.S. at 221 U. S. 443. Failure to pay alimony is an example of the type of act cognizable in an action for civil contempt. Id. at 221 U. S. 442.
>Whether a particular contempt proceeding is civil or criminal can be inferred from objective features of the proceeding and the sanction imposed. The most important indication is whether the judgment inures to the benefit of another party to the proceeding. A fine payable to the complaining party and proportioned to the complainant's loss is compensatory and civil. United States v. Mine Workers, 330 U. S. 258, 330 U. S. 304 (1947). Because the compensatory purpose limits the amount of the fine, the contemnor is not exposed to a risk of punitive sanctions that would make criminal safeguards necessary. By contrast, a fixed fine payable to the court is punitive and criminal in character.
Yeah, and most civil cases that have the government acting as or representing the plaintiff against an individual have punitive outcomes - imprisonment for a set time for red flag violations, imprisonment for a set time for failure to pay child support, etc.
this is why going to court pretty much takes care of these tickets. of course, for a lot of people, going to court costs more money than paying the ticket so people pay.
disclaimer: I write software for court houses and am intimately familiar with the proceedings etc. in some jurisdictions these tickets will be outright dismissed and in others you may have to put up a bit of fight :)
If you get a ticket in the mail, go to Court and contest it if you have time.
This is good suggestion in general even if you get a ticket by Officer because if Officer does not show up in Court (this happens more that you’d think) the ticket will be dismissed
So if it's established as unconstitutional, couldn't you file a criminal complaint of official oppression against the members of whatever government approved the cameras since they are levying unconstitutional fines?
As an individual and not the government, you can't file a criminal action.
You could file a civil action for violation of constitutional rights, but under Roberts, SCOTUS has basically been ripping out all of the mechanisms that would let you file such suits.
"As an individual and not the government, you can't file a criminal action."
You can file with the police, if they take it. You can also file as a private criminal complaint in many jurisdictions. However, it's up to the DA to approve it most of the time. There can be an appeal process where a judge would make a determination.
But yes, if the whole system is corrupt, then there's not much to do.
The objective evidence indicates that accidents tend to go up after red light cameras go up, generally because the operators lower the yellow light time to increase fees.
This states that there are many variables they were not able to control for, such as the yellow light timing, as I previously mentioned. Warning signs were another major factor. There doesn't appear to be enough investigation into the protected left issue.
This is pretty damning, in my opinion. AKA we did some cheap analysis on a small dataset, without confidence or effect size, and just agree with the people running the programs.
"The intent of the multivariate regression analysis was to confirm the direction of the
effect, not to establish effects with statistical significance or to assess the size of the
effect. To undertake analyses for these purer purposes would have required a
substantially larger database, much more precision in the estimate of economic effect at
each site, and more accurate specification and measurement of the independent variables.
For the purposes of this current investigation, it suffices that both the univariate and
multivariate analyses are reasonably in accord with the perceptions that are commonly
held by those involved in red-light-camera programs."
Sometimes an intersection simply has bad luck, draws more accidents than anything about it would cause. Put a camera there, you'll see an "improvement".
One might argue the intersection itself is the problem and should be redesigned, as well as adjoining roadways feeding into the offending intersection.
If it's consistently high something needs fixing. But accidents are random, there will always be some intersections that by pure chance have more accidents. Put cameras on those, presto, cameras "work".
Let's make a hypothetical city with 10 intersections, all absolutely identical. Watch until you have seen 20 accidents. Do you really think there will be exactly 2 accidents per intersection??
Select the intersection that gets the most accidents, declare it dangerous.
Case A: stick a camera on it. Case B: do nothing. Watch another 20 accidents.
In both cases you expect to see fewer accidents at the intersection as the original number was just chance. But if you're trying to prove cameras work...
> generally because the operators lower the yellow light time to increase fees
I'm skeptical of this claim because the red light camera operators are usually contracted by municipalities. They don't have any direct control over the light cycles.
(Yes, obviously they can be in cahoots with the municipality, but I would be surprised if that was common and not the exception)
That I couldn’t say. It at least provides a model. Most city or county governments have some influence over their traffic engineering or streets staff as far as high level planning concerns.
I'm a little baffled. Do you live in a wilderness? In the list of potential things you gave, there are few social activities. Find a club for one of your hobbies. Find a group exercise program. Volunteer for an organization you are passionate about.
Also, being alone out in nature can be very beneficial for you.
Maybe find a therapist to help you decouple yourself from your prior relationship.
So they say to turn of location permissions and stuff, but what about the network carrier? Any privacy focused cell services that are reasonably priced?
Don't think so - they're all very expensive because cell networks are expensive. You can get a burner phone, only use it as a tethered internet connection for your laptop which runs VPN software.
Phreeli seems to be the privacy promoting MVNO with the cheapest options. Not sure if it’s been audited or what its guarantees are, but anything is probably better than the big carriers.
Yeah, I saw them, but they are pretty expensive for me. The rotating IMSI and two additional numbers seems cool. But I think for me if it were anything that sensitive I would use an E2E encrypted call/text service since Cape calls and texts are only M2E encrypted.
Just not retaining everything forever and selling it seems like a good start for my personal use.
If you cover your phone with an antielectrostatic bag it can't communicate; that is a Faraday cage.
Since people around you will think you are also wearing a tinfoil hard, you had better stick to the phones with hardware switches as sibling comment mentions
I get that anything emitting can be tracked and stuff. I'm looking to take a baby step where I'm at least not having every possible detail recorded and sold. That Phreeli recommendation from another user seems like exactly what I want (paired with other things like a VPN of course).
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