Innocent Girl Held A Week in Jail in an Amazing Case of Lookalike Mistaken Identity

[amicold]

Originally posted by: quakefiend420

Originally posted by: SmoochyTX

Originally posted by: thesurge

Originally posted by: SmoochyTX

Originally posted by: thesurge
so uh what's the limit? two weeks of false imprisonment? one month? a year? how long before she's entitled to money.

Entitlement. :roll:

This wasn't a malicious act against her. It was life. She'll get over it.

so never? you expect the victim just to walk it off?

In this case, absolutely.

you're a tool

so you can honestly say if this happened to you you would just say "hey, no big deal guys, don't worry about it!" :roll:

Yes seriously, you're arguing for the sake of it. A whole WEEK in prison for nothing.

 

[mugs]

If this girl is entitled to restitution for the time she spent in jail, then is not every person who is acquitted of their crimes entitled to some restitution for false imprisonment? SmoochyTX is right, this was not a malicious act - they had good reason to believe she committed the crime. She looked exactly like the real perpetrator! She's just fortunate that she did not have to defend herself in court!

The criminal justice system could not operate if every time a person was arrested and not convicted they got a huge settlement.

AT MOST any compensation she receives should be limited to actual damages - lost wages, etc.

 

[OutHouse]

Originally posted by: SmoochyTX

Originally posted by: Amused

Originally posted by: SmoochyTX
She was 17. Yeah, I guess give her min wage for a week if she actually had a part-time job. When I was 17 and it was November, I was a high school senior with too many extracurricular activities to have a job.

So let's see 20 hours (OK we'll be nice, 30 hours) at what is it, $5.35 per hour? And then there's taxes....

Gahhhh. I'm so sick of people filing lawsuits.

While I agree that there are many frivolous lawsuits, FALSE IMPRISONMENT is a valid cause for one.

It's not like the cops had a vendetta against her and threw her in jail because they thought she was a loser. She was identified by a witness as part of a robbery. It wasn't a conspiracy.

The cops had cause. The cops did what they were supposed to do. And things wound up working the way they were supposed to. It's all part of this thing called life.

I certainly hope you don't think we should pay her for her time away from Myspace or text messaging if she wasn't employed right?

damn right I do. she deserves it for what she went through plus pain and suffering/mental anguish comps.

 

[dxkj]

Originally posted by: Amused

Originally posted by: neovan

Originally posted by: SmoochyTX

Originally posted by: neovan
I'd sue.

:roll:

you wouldn't?

I would get a lawyer and ask for compensation for time and money lost (lost time at work, lost job, etc). That's fair.

If you are a guy.

What about compensation for the ass rapes?

 

[OutHouse]

Originally posted by: mugs
If this girl is entitled to restitution for the time she spent in jail, then is not every person who is acquitted of their crimes entitled to some restitution for false imprisonment? SmoochyTX is right, this was not a malicious act - they had good reason to believe she committed the crime. She looked exactly like the real perpetrator! She's just fortunate that she did not have to defend herself in court!

The criminal justice system could not operate if every time a person was arrested and not convicted they got a huge settlement.
AT MOST any compensation she receives should be limited to actual damages - lost wages, etc.

being acuitted is a whole lot different than being the wrong person. being acquitted means it went to trial and the DA didnt have enough evidence to get a conviction. thats a whole lot different than being mistakend for some body else.

like somebody else said, this girl would still be locked up if another tip didnt point the cops to the real girl.

for the bolded part: DING DING DING WInner!!! you absoutly right and that threat of the city loosing a lot of money is what helps keep the cops in line. if that threat wasnt there the us would be like other countries and just locking people up for absoutly no reason.

 

[dxkj]

Originally posted by: Amused

Originally posted by: Kelnoen
Someone made a mistake... woohoo, gimme some money!!!!

No, it's "Someone made a mistake and falsely imprisoned me for a week in a jail filled with criminals and lowlifes... please compensate me for my time and anguish."

If you've never been to jail, you just cannot understand. It really sucks.

Exactly. Remember about the guy who got put in jail for speeding or something because he was out of state, and he was murdered?

THere are a number of things that coulda happened in there to her, including injury, embarassment (strip/cavity search), etc.

Im not saying the police are wrong, and sure they look the same, but Im sure she has a valid lawsuit. Innocent until PROVEN guilty= you get tossed in jail for a week anyway?

 

[mugs]

Originally posted by: Citrix

Originally posted by: mugs
If this girl is entitled to restitution for the time she spent in jail, then is not every person who is acquitted of their crimes entitled to some restitution for false imprisonment? SmoochyTX is right, this was not a malicious act - they had good reason to believe she committed the crime. She looked exactly like the real perpetrator! She's just fortunate that she did not have to defend herself in court!

The criminal justice system could not operate if every time a person was arrested and not convicted they got a huge settlement.
AT MOST any compensation she receives should be limited to actual damages - lost wages, etc.

being acuitted is a whole lot different than being the wrong person. being acquitted means it went to trial and the DA didnt have enough evidence to get a conviction. thats a whole lot different than being mistakend for some body else.

like somebody else said, this girl would still be locked up if another tip didnt point the cops to the real girl.

for the bolded part: DING DING DING WInner!!! you absoutly right and that threat of the city loosing a lot of money is what helps keep the cops in line. if that threat wasnt there the us would be like other countries and just locking people up for absoutly no reason.

How exactly is this different from anyone else who is wrongly accused of a crime? The only difference I see is that she was fortunate to not have to go trial. Other than that it's pretty much the same - the police had good reason to believe she committed the crime, they arrested her, it turned out they were wrong, and she was set free. You seem to be assuming that everyone who actually goes to trial is really guilty, the DA just wasn't able to convict them. Every case in which an innocent person is acquitted is a case of someone being mistaken for someone else.

As far as keeping the police in line... how were they out of line? Although eyewitnesses aren't terribly reliable, the eyewitness was pretty darn close this time.

 

[silverpig]

Originally posted by: dxkj

Originally posted by: Amused

Originally posted by: Kelnoen
Someone made a mistake... woohoo, gimme some money!!!!

No, it's "Someone made a mistake and falsely imprisoned me for a week in a jail filled with criminals and lowlifes... please compensate me for my time and anguish."

If you've never been to jail, you just cannot understand. It really sucks.

Exactly. Remember about the guy who got put in jail for speeding or something because he was out of state, and he was murdered?

THere are a number of things that coulda happened in there to her, including injury, embarassment (strip/cavity search), etc.

Im not saying the police are wrong, and sure they look the same, but Im sure she has a valid lawsuit. Innocent until PROVEN guilty= you get tossed in jail for a week anyway?

A few things:

1. This was NOT false imprisonment. Look up what that means. It's not putting someone in jail who didn't do anything, it's putting someone in jail for no good reason.

"What false imprisonment is not

Not all detainments constitute false imprisonment.

Police Privilege

A police officer has the right to detain someone if he has probable cause to believe a crime has been committed, and that the person is so involved, or if the officer has reasonable suspicion that the person has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. Reasonable suspicion, less stringent of a standard than probable cause, is the basis for the investigatory Terry stop."

Taken from the wiki article on false imprisonment.

2. The innocent until proven guilty = thrown in jail anyways comment.

What do you think bail is for? Where do you think they bring a suspect after they arrest him? They don't bring him straight to court and whip off a trial in less than a day...


I'm sorry, but the cops were fully within their rights to do what they did. Hell, if they didn't, they'd not be doing their job. Sucks for the girl, and yeah she should be compensated for lost wages and costs, but anything more than that is BS.

 

[ShotgunSteven]

Originally posted by: Aimster
I dont like it when people bash cops...even if they do give you a pointless ticket. Its ok to be mad at an individual cop, but that should be it.

remember if you are ever in danger , ex: your house is being robbed, they will be the ones who will come rescue you.

No they won't. They'll come clean up the mess after you're dead, and eventually get around to looking for the person that did you in. I will defend myself, thank you.

 

[aidanjm]

American "justice" system = a farce

 

[tk149]

Originally posted by: MercenaryForHire

Originally posted by: Amused

Originally posted by: waggy
whoa. that sucks for her.


scarry that they can just throw you in jail with NO proof

Well, they did have a witness ID.

So looking like someone is a crime now?

- M4H

:roll:

 

[Amused]

Originally posted by: aidanjm
American "justice" system = a farce

Why would you say that in this case?

If you ran the justice system would you have acted any differently given the facts and knowing only what they knew at the time? This really is an honest mistake.

 

[tk149]

Originally posted by: waggy

Originally posted by: Amused

Originally posted by: neovan

Originally posted by: SmoochyTX

Originally posted by: neovan
I'd sue.

:roll:

you wouldn't?

I would get a lawyer and ask for compensation for time and money lost (lost time at work, lost job, etc). That's fair.

i agree.

while they made a mistake (one i can see and understand) they still need to be held resbonsible and pay for it.

now should she get rich? no . but i would see giving this young lady say $10k for her time.

to many cops feel if they make a mistake they do not need to apologize.

Try reading the story again. A witness (not a cop) identified her as the criminal. It sucks for the innocent Sylvester, and I empathize with her, but a 17-year-old does not make $10,000 in 7 days at work.

If anyone gets sued, it should be the identifying witness (although there are arguments against allowing this kind of case). Why all the hating on cops? They did their job properly, and the judge did his job properly.

THERE WAS NO SYSTEM BREAKDOWN. IT WAS AN HONEST MISTAKE BY THE WITNESS.

If Schildhauer had robbed me, and was shown Sylvester's picture, I would probably have made the same mistake. I think most people would have also.

 

[Amused]

Originally posted by: tk149

Originally posted by: waggy

Originally posted by: Amused

Originally posted by: neovan

Originally posted by: SmoochyTX

Originally posted by: neovan
I'd sue.

:roll:

you wouldn't?

I would get a lawyer and ask for compensation for time and money lost (lost time at work, lost job, etc). That's fair.

i agree.

while they made a mistake (one i can see and understand) they still need to be held resbonsible and pay for it.

now should she get rich? no . but i would see giving this young lady say $10k for her time.

to many cops feel if they make a mistake they do not need to apologize.

Try reading the story again. A witness (not a cop) identified her as the criminal. It sucks for the innocent Sylvester, and I empathize with her, but a 17-year-old does not make $10,000 in 7 days at work.

If anyone gets sued, it should be the identifying witness (although there are arguments against allowing this kind of case). Why all the hating on cops? They did their job properly, and the judge did his job properly.

THERE WAS NO SYSTEM BREAKDOWN. IT WAS AN HONEST MISTAKE BY THE WITNESS.

If Schildhauer had robbed me, and was shown Sylvester's picture, I would probably have made the same mistake. I think most people would have also.

You'll note I never said 10 grand, nor did I endorse that amount. I said something reasonable is in order. The dollar amount would have to be decided based on how traumatic it was for her, and if she faced any real losses or loss of reputation.

 

[tk149]

Originally posted by: Amused

Originally posted by: tk149

Originally posted by: waggy

Originally posted by: Amused

Originally posted by: neovan

Originally posted by: SmoochyTX

Originally posted by: neovan
I'd sue.

:roll:

you wouldn't?

I would get a lawyer and ask for compensation for time and money lost (lost time at work, lost job, etc). That's fair.

i agree.

while they made a mistake (one i can see and understand) they still need to be held resbonsible and pay for it.

now should she get rich? no . but i would see giving this young lady say $10k for her time.

to many cops feel if they make a mistake they do not need to apologize.

Try reading the story again. A witness (not a cop) identified her as the criminal. It sucks for the innocent Sylvester, and I empathize with her, but a 17-year-old does not make $10,000 in 7 days at work.

If anyone gets sued, it should be the identifying witness (although there are arguments against allowing this kind of case). Why all the hating on cops? They did their job properly, and the judge did his job properly.

THERE WAS NO SYSTEM BREAKDOWN. IT WAS AN HONEST MISTAKE BY THE WITNESS.

If Schildhauer had robbed me, and was shown Sylvester's picture, I would probably have made the same mistake. I think most people would have also.

You'll note I never said 10 grand, nor did I endorse that amount. I said something reasonable is in order. The dollar amount would have to be decided based on how traumatic it was for her, and if she faced any real losses or loss of reputation.

I was responding to Waggy's $10K figure.

Anyway, my assertion that the police did nothing wrong remains. I mostly agree with your formula for deciding compensation, but the only one who should be sued (if at all), is the witness.

I would also argue that allowing that kind of case to proceed would be extremely detrimental to criminal prosecution.

 

[tomywishbone]

Regarding the police; "... remember if you are ever in danger , ex: your house is being robbed, they will be the ones who will come rescue you. .."

:laugh::laugh::laugh: I just pooped my pants reading that statement.

 

[Huntress]

Originally posted by: randay
id hit it.

Hasn't she suffered enough

 

[PELarson]

Originally posted by: tomywishbone

Originally posted by: DainBramaged

Originally posted by: tomywishbone
From the article: ?They have the same color hair, they?re about the same size and they wear the same earrings,? Ryan said. ?But they are two different people"


Brilliant!

Idiots.

If you were the cop, I'd wager that you would make the same mistake.

Incorrect. If I were a cop, I'd kill myself and therefore be unable to mis-identify anyone.:beer:

Don't stand on not being a L.E.O.!:disgust:

 

[preslove]

Originally posted by: SmoochyTX

Originally posted by: thesurge
so uh what's the limit? two weeks of false imprisonment? one month? a year? how long before she's entitled to money.

Entitlement. :roll:

This wasn't a malicious act against her. It was life. She'll get over it.

You don't have to be malicious to be successfully sued. You have to be found NEGLIGENT! I think it's pretty clear that they were negligent in performing their duty. I say she should get $30-40k. 17 year old girls should not be thrown in adult jails because of an unclear photo and no fvcking name attached to it.

 

[chambersc]

Honest mistake.

 

[ryan256]

Wow... honest mistake. Sucks for her though. As far as setting things right for the girl falsely accused. Someone (county or state) should reimburse her the money she had to put up for bail. Also the local news that ran her picture and practically branded her a criminal without trial needs to run another top story for the 6 o'clock news explaining how she was falsely identified in a mistaken identity case.

 

[j00fek]

:shocked:

 

[SophalotJack]

One more ginger off the street.

is there a downside?

 

[BrokenVisage]

News to me.

 

[ViviTheMage]

wow they lok so alike haha