Collective Punishment

[Wezil]

The sign on the way in said turn cell phones off. The clerk will often announce the same before court. Lots of disobeying going on.

[Zkribbler]

Originally posted by snoopy369


He ordered them to tell him where the cellphone is ... they didn't

Betcha most of them didn't know. The judge sure didn't. Neither did his staff. But he didn't send himself nor his staff to the pokey.

[Wezil]

I think we all agree the judge overreacted.

He could have at least ruled out those that weren't even carrying a cellphone when strip searched.

[Theben]

Too bad his name wasn't Restraino.

[Berzerker]

not only should this judge be removed from office and tried for abuse of power, the courtroom security who followed his orders should be ousted.

[Vesayen]

Originally posted by DirtyMartini
I had a bad day -- great excuse for treating a courtroom like a 1st grade classroom. It'll be a sad day if he is ever given another judicial appointment. Also, any lawyers in the house? Could he be charged with kidnapping or false imprisonment or something?

There is an elements test for both of those in NY state(where this happened). One requirment is that the detainment of another individual be unlawful. I.e. a police officer can detain someone but that is not a crime if it is in his official capacity.

Not a particularly helpful answer, essentially "If it was illegal, then it is illegal"

So the answer is, was he acting within his legal capacity when he detained all those people?

I highly doubt it.

There is no way that this would ever become a criminal case but the burden of proof for a civil case(lawsuit for money) is much lower. However to get to trial, you would need another judge to allow the case to actually go to trial.

Your a judge, do YOU want to effectivley settle the issue, by saying if you detain someone without cause, you falsley imprisoned them? No judge would do that, it would open them up to liability themselves.

So the final answer is "maybe, but even then, no, because no judge in NY would ever let it get to trial."

[GePap]

What a wimp. A real judge would have told them that if they didn't tell him were the phone as, they would be decimated, and then had five of them executed for not following orders.

[Flubber]

Originally posted by Berzerker
not only should this judge be removed from office and tried for abuse of power, the courtroom security who followed his orders should be ousted.

I don't blames the bailiffs/ court officers-- They have a judge giving an order-- They might not agree with it but they do not have the luxury of disobeying a judge's order when they feel like it .

If he arrested one person I doubt anyone would have much problem with it

[Ramo]

What a wimp. A real judge would have told them that if they didn't tell him were the phone as, they would be decimated, and then had five of them executed for not following orders.

Because real judges round up.

[BeBMan]

I applaud this man's resistance against the cellphone mafia. That he has been removed shows only how powerful they are now. Soon we all will be forced to carry our activated cellphones with us 24/7

[Tattila the Hun]

Cheers for him. I hope he writes a bestselling book or something, I doubt he gets to continue in his profession, unfortunately.

[Dis]

good idea, put all cell phone users in jail.

Yes I know I'm pissing off most people in this forum, including myself who uses cell phones on occasion...

[Lancer]

Maybe the judge forgot to turn off his phone and failed to realize it was his.

[Dry]

Originally posted by Zkribbler
For disrupting a courtroom or for willfully disobeying a lawful order of the court....not for being in the same room as someone with his/her cellphone turned on.

For disrupting a courtroom, isn't the usual 'punishment', simple expulsion?

[Wezil]

Depends on the judge.