System Reform

luchitociencia

VIP Member
Nov 10, 2019
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I will try to be brief.

Cases are where police made mistakes and arrest the wrong person.

The warrant is presented, the individual arrested, questionnaires made, accusations given, court case settled, bond paid until court day, and finally the prosecutors at the court trial ask for dropping the charges because they got the wrong man.

Lots of similar cases happen often, where people suffer the inconvenience of a judicial process, shame, and more, and finally are found not guilty of any charge because everything was just "an error".

We are humans and we commit lots of errors. The example from a above is "understandable".

What is not understandable is the second part, which is to erase completely from the system such charges, because those records should have never been in the system if not because police mistake.

Here is where "the victim" of the police mistake will have to apply for erasing such charges. This implicates paying of forms, the procedure of finger prints again, etc. Plus, in several cases, another court day in order to "beg" the judge to erase such a record.

This is simply unjust.

A reform is needed.

If a person is arrested, no matter the charges, by police mistake, and with or without a court case,and the person is sent free because it was found was police mistake, then the police department must be obligated to erase the whole records by court order or simply automatically at no cost and or other action by the person who has been charged without a valid reason.

Did I say it right?

I know by the news of a woman who was charged of conspiracy because she was family of a man erroneously identified as possible criminal and so forth. She was sent free at court trial, but it was a nightmare for her to clean up those records.

This second part of the whole case shouldn't have never happened. Police made the mess, then police must clean it up.

I think this is about JUSTICE.
 
The police would love this ... they'd never have to be accountable for their mistakes ... even the mistakes committed with malice aforethought ... just automatically erase all the records ... the police can police themselves ...

So ... it was decided long ago that the above was more harmful than protecting someone's fragile ego ... the public record says "dismissed" ... that's just going to have to be good enough ...
 
Sure.

Then you got arrested by mistake as a child molester, a witness is confused and affirms you are the molester. You have no witness about your whereabouts and you are taken into custody.

Picture, finger prints, the order of arrest, everything ready for first trial. Police later recognizes it made a mistake and you are free to go.

Your records will say: Charges: for child molestation. Case dismissed.

Yup, you are happy right? Why not? It says "dismissed".

But it happens "dismissed" is not synonymous of "innocent", you are marked forever.

See, those "dismissed" police records cause problems anyway. A neighbor of mine applied for to obtain a gun license, and he was sure his record with "dismissed" won't affect him at all. But, he received two calls from the police officers who reviewed the applications to ask him about that case.

This also happened to him again when he applied for becoming a master plumber. Today the applicants for trade license must also provide their police records. He received a similar call investigating the case even when it says "dismissed".

Come on.

The "deal" is to erase it forever. When a person never committed a crime or even a misdemeanor, and is arrested by police mistake, the police records MUST be erased completely from the system.

Look, even when people have one police record, in many jurisdictions he can apply for expungement, and if the judge consents, then the records are removed.

The point is that in cases when the individual is not guilty of anything and is arrested by mistake, then police messed it up... police clean it up.

This must become a the new rule.
 

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