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	<title>
	Comments on: A child-protection triptych	</title>
	<atom:link href="https://www.overlawyered.com/2019/07/a-child-protection-triptych/feed/" rel="self" type="application/rss+xml" />
	<link>https://www.overlawyered.com/2019/07/a-child-protection-triptych/</link>
	<description>Chronicling the high cost of our legal system</description>
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	<item>
		<title>
		By: MattS		</title>
		<link>https://www.overlawyered.com/2019/07/a-child-protection-triptych/comment-page-1/#comment-355114</link>

		<dc:creator><![CDATA[MattS]]></dc:creator>
		<pubDate>Wed, 03 Jul 2019 18:24:43 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73401#comment-355114</guid>

					<description><![CDATA[&quot;but can we please make a distinction between those cases and the dash-for-minutes cases?&quot;

We should.  However, I seriously doubt that either the criminal &quot;justice&quot;* system or the general public are capable of making that distinction.

*This is false advertising.  We have a legal system, not a justice system.  The operational ends of the system doesn&#039;t give a rat&#039;s a-- about whether or  not justice gets done.  The care only that the rules were followed.  Theoretically justice is considered when the laws/rules are written, but  in practice, even then, justice is at most a tertiary concern.]]></description>
			<content:encoded><![CDATA[<p>&#8220;but can we please make a distinction between those cases and the dash-for-minutes cases?&#8221;</p>
<p>We should.  However, I seriously doubt that either the criminal &#8220;justice&#8221;* system or the general public are capable of making that distinction.</p>
<p>*This is false advertising.  We have a legal system, not a justice system.  The operational ends of the system doesn&#8217;t give a rat&#8217;s a&#8211; about whether or  not justice gets done.  The care only that the rules were followed.  Theoretically justice is considered when the laws/rules are written, but  in practice, even then, justice is at most a tertiary concern.</p>
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		<title>
		By: Anonymous Attorney		</title>
		<link>https://www.overlawyered.com/2019/07/a-child-protection-triptych/comment-page-1/#comment-355112</link>

		<dc:creator><![CDATA[Anonymous Attorney]]></dc:creator>
		<pubDate>Wed, 03 Jul 2019 16:08:06 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73401#comment-355112</guid>

					<description><![CDATA[The public doesn&#039;t help here.  I left my child in a car seat -- fully visible to me at all times, per my state&#039;s law -- to run in and pick up take-out food from a place with a big plate window.  A woman stormed into the restaurant and started screaming at me.  I yelled back that I was within my rights, but I burn with anger to this day when I&#039;m reminded of the incident.  Somewhat reassuringly, the restaurant crowd sided with ME (which I didn&#039;t expect).  One man called out, &quot;mind your own damn business, lady&quot;.  But, if she&#039;d called the police, I suspect the police would take HER side, not mine.  And I can assure you that in some prosecutor&#039;s offices, cases involving leaving the kid in the car is seen as in a league with rape and murder.  Of course there are cases where a child is left in a sweltering car for hours -- but can we please make a distinction between those cases and the dash-for-minutes cases?  And don&#039;t get me started on the pets in the car.  Entire crowds of do-gooders will surround a vehicle -- with window cracked down on a cool fall day, Fido sitting happily inside -- and scream about the &quot;murdering animal abuser&quot; they&#039;re going to tar and feather when he gets out of Best Buy, axes in hand to smash the windows, etc.]]></description>
			<content:encoded><![CDATA[<p>The public doesn&#8217;t help here.  I left my child in a car seat &#8212; fully visible to me at all times, per my state&#8217;s law &#8212; to run in and pick up take-out food from a place with a big plate window.  A woman stormed into the restaurant and started screaming at me.  I yelled back that I was within my rights, but I burn with anger to this day when I&#8217;m reminded of the incident.  Somewhat reassuringly, the restaurant crowd sided with ME (which I didn&#8217;t expect).  One man called out, &#8220;mind your own damn business, lady&#8221;.  But, if she&#8217;d called the police, I suspect the police would take HER side, not mine.  And I can assure you that in some prosecutor&#8217;s offices, cases involving leaving the kid in the car is seen as in a league with rape and murder.  Of course there are cases where a child is left in a sweltering car for hours &#8212; but can we please make a distinction between those cases and the dash-for-minutes cases?  And don&#8217;t get me started on the pets in the car.  Entire crowds of do-gooders will surround a vehicle &#8212; with window cracked down on a cool fall day, Fido sitting happily inside &#8212; and scream about the &#8220;murdering animal abuser&#8221; they&#8217;re going to tar and feather when he gets out of Best Buy, axes in hand to smash the windows, etc.</p>
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		<item>
		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2019/07/a-child-protection-triptych/comment-page-1/#comment-355099</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Tue, 02 Jul 2019 16:23:12 +0000</pubDate>
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					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/07/a-child-protection-triptych/comment-page-1/#comment-355097&quot;&gt;Parkhorse&lt;/a&gt;.

She was incarcerated for a week.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/07/a-child-protection-triptych/comment-page-1/#comment-355097">Parkhorse</a>.</p>
<p>She was incarcerated for a week.</p>
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		<title>
		By: Parkhorse		</title>
		<link>https://www.overlawyered.com/2019/07/a-child-protection-triptych/comment-page-1/#comment-355097</link>

		<dc:creator><![CDATA[Parkhorse]]></dc:creator>
		<pubDate>Tue, 02 Jul 2019 15:15:34 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73401#comment-355097</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://www.overlawyered.com/2019/07/a-child-protection-triptych/comment-page-1/#comment-355095&quot;&gt;SPO&lt;/a&gt;.

&lt;I&gt;Regarding Ashley Foster—isn’t there some rule about having to go in front of a magistrate within 72 hours?&lt;/I&gt;

Evidently weekends don&#039;t count, so if you&#039;re arrested on a Friday, that Saturday and Sunday are just &quot;tough luck, better wait until Monday, hope you didn&#039;t have plans.&quot;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://www.overlawyered.com/2019/07/a-child-protection-triptych/comment-page-1/#comment-355095">SPO</a>.</p>
<p><i>Regarding Ashley Foster—isn’t there some rule about having to go in front of a magistrate within 72 hours?</i></p>
<p>Evidently weekends don&#8217;t count, so if you&#8217;re arrested on a Friday, that Saturday and Sunday are just &#8220;tough luck, better wait until Monday, hope you didn&#8217;t have plans.&#8221;</p>
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		<title>
		By: SPO		</title>
		<link>https://www.overlawyered.com/2019/07/a-child-protection-triptych/comment-page-1/#comment-355095</link>

		<dc:creator><![CDATA[SPO]]></dc:creator>
		<pubDate>Tue, 02 Jul 2019 13:16:15 +0000</pubDate>
		<guid isPermaLink="false">https://www.overlawyered.com/?p=73401#comment-355095</guid>

					<description><![CDATA[Regarding Ashley Foster---isn&#039;t there some rule about having to go in front of a magistrate within 72 hours?  

Also, what was the basis for a home inspection?  Absolutely none.  Likely there was some sort of policy that the return of kids, in all cases, required.  But that doesn&#039;t mean that the CPS people had the right to condition her getting her kids back on a home inspection.  In fact, in my view, the person who ordered the home inspection should be prosecuted for interference with custody and, at a minimum, should lose his or her job.  There was no cause whatsoever for this home inspection, and the damages imposed in a civil case should be sufficient to bankrupt the jurisdiction.  

It may seem picayune to many.  Gee, what&#039;s the problem?  But if Ms. Foster had decided to stand firm on her rights, it would have prolonged the problem and the response may have been to label her &quot;uncooperative&quot; with all the fun that entails.  

And I bet, since her car was impounded, that she had to pay some exorbitant amount to get it back.  Nice work, government.]]></description>
			<content:encoded><![CDATA[<p>Regarding Ashley Foster&#8212;isn&#8217;t there some rule about having to go in front of a magistrate within 72 hours?  </p>
<p>Also, what was the basis for a home inspection?  Absolutely none.  Likely there was some sort of policy that the return of kids, in all cases, required.  But that doesn&#8217;t mean that the CPS people had the right to condition her getting her kids back on a home inspection.  In fact, in my view, the person who ordered the home inspection should be prosecuted for interference with custody and, at a minimum, should lose his or her job.  There was no cause whatsoever for this home inspection, and the damages imposed in a civil case should be sufficient to bankrupt the jurisdiction.  </p>
<p>It may seem picayune to many.  Gee, what&#8217;s the problem?  But if Ms. Foster had decided to stand firm on her rights, it would have prolonged the problem and the response may have been to label her &#8220;uncooperative&#8221; with all the fun that entails.  </p>
<p>And I bet, since her car was impounded, that she had to pay some exorbitant amount to get it back.  Nice work, government.</p>
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