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  #1  
Old 11-01-2017, 02:29 AM
chunghwapost chunghwapost is offline
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Default Human rights and police powers

There is no respect of human rights in my country, police arrested me 2 times. Both they just nabbed me in public without even showing me a warrant of arrest, it was not even an emergency situation and their acts are not justified even by law. They gone through and confiscated all my electronic devices, without even a search warrant. When the police arrested me they took away my wallet and phone immediately, they did not even conduct a proper search, what a bunch of thieves, I do not know about other countries but there are something called human rights the right to liberty, the police are thugs and goons. My experience being nabbed by police are just like being robbed in abroad daylight.

The first time I was arrested the police thrown me into jail directly without even bother interrogating me, they said I am a wanted man in their record so they have to detain me.

Last edited by chunghwapost; 11-01-2017 at 02:37 AM..
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  #2  
Old 11-01-2017, 05:37 PM
prisonlady prisonlady is offline
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Are they doing it a lot? Do they usually do it when their victims really are, in fact, serious criminals that should probably be arrested?

As for human rights, they are not always protected much better in other places. It's just that other countries have arranged to have the right laws and paperwork to make it legal, then the targeted individual usually falls into some legal trap.

Everything is overregulated, so it's easy to break some minor rule. For instance, some countries do not even have the notion of jaywalking like the States do. Just about everywhere, people do not have the right to be there, just some sort of permission or implied permission, because they are not the owners. Their simple presence (or their return, if told not to return) can be illegal. If you really need to be there, for instance because it's the only store or cinema you have access too, too bad: there is no way to appeal the decision to ban you (other than to convince the owner to change that decision) because you are on private property. It is possible to be arrested for failure to pay things like fines or child support or to remain in jail because you can't afford to pay bail. People on parole or probation can easily end up back in prison.

In case this makes you feel better, you may want to consider the following: at least the police had to come and grab you. Can you imagine finding out that there is a warrant for your arrest and actually going to the police to surrender without being forced to? This actually happens all the time. Human rights are protected so well that people often feel that they don't have any better choice: there is nowhere to go and someone will eventually come and grab them. They actually show up for their arrest and pay good money for the privilege of getting out on bail, and all this is legal. Does that happen in your country too? If you pay money to get out, at least isn't that supposed to be a bribe, not a perfectly legal payment?
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Old 11-01-2017, 05:45 PM
xolady xolady is offline
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Sorry for your problems but this is basically not the place for you to get your rights recognized. If you notice most members are in the US and our laws are different. Last time I checked China was still communist. I wish someone could help you but really if your in trouble you need legal help in your own country.
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Old 11-02-2017, 08:00 PM
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Your best bet is to talk with your attorney. If I remember correctly, corruption in China is not a simple crime and could involve the death penalty. Your attorney would be able to record human rights abuses and thefts, and get those statistics and information to the appropriate parties both in China and out side at say Human Rights Watch.

Sounds like you've had a really tough time of it. I hope you are able to rise above it all and become somebody they wouldn't dream of bothering as you help others who are going through the same sort of thing, and deal with the same sort of treatment.
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Old 11-02-2017, 10:28 PM
chunghwapost chunghwapost is offline
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They claimed I was involved in gun related offense, when they arrested and search me they cannot find any guns at all. I do not own nor carry a gun. BTW if Us police arrest people do they usually use handcuffs?
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Old 11-03-2017, 01:36 AM
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Nickel Timer Nickel Timer is offline
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Quote:
Originally Posted by chunghwapost View Post
BTW if Us police arrest people do they usually use handcuffs?
They do. They can also hold you in detention (for interrogation) for up to 72 hours, even if they never end up charging you with a crime.
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  #7  
Old 11-04-2017, 12:49 AM
chunghwapost chunghwapost is offline
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At least they have to charge you in the States. In China it may take as long as 37 days before the prosecution file charges, if the case is complicated, the prosecutor may pass the case back to the police for investigation, 2 times as permitted by law. There is no Speedy Trial Act in China, some cases may take 1-2 years before it goes to court. My last case took 4 months to go to court and one more month before they reach the verdict.
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Old 11-04-2017, 01:15 AM
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Quote:
Originally Posted by chunghwapost View Post
At least they have to charge you in the States. In China it may take as long as 37 days before the prosecution file charges, if the case is complicated, the prosecutor may pass the case back to the police for investigation, 2 times as permitted by law. There is no Speedy Trial Act in China, some cases may take 1-2 years before it goes to court. My last case took 4 months to go to court and one more month before they reach the verdict.
They can arrest you and hold you for a short term unless an indictment is issued. Without an indictment, sure, you're free, but you have the statute of limitations to wait to know that no indictment will come down.

Once there is an indictment, you can be held in jail until trial. This is by no means a quick thing in most cases. You can wait years to go to trial. If you do a Motion for a Speedy Trial, every time you challenge anything with a motion, Speedy is tolled. Want an independent lab to run some blood work? Write a motion. Time is tolled. The Prosecution gets to answer you. The motion is heard by the judge. The judge issues a ruling when s/he is ready. Assuming it goes your way, the evidence is released to a lab and the lab does its thing. This can take months from writing the motion to getting a lab report back. All of that time is charged to you. And if you didn't make bail, or bail is denied as is common in cases like murder, you're sitting in jail that entire time.

I think you have an idyllic view of American justice. In the US, you are put in handcuffs from the moment you are detained in many cases. They say this is for the safety of both the cops and the person detained. In jail, you are in a jumpsuit, reliant on commissary for decent food, though they supply you with something they call food three times a day. Many times, your visitation is via video phones - not in person, not touching. When you are moved to and from court, it is in a bright orange (usually) suit with chains on your ankles and wrists.

You can spend years like that, without a lot of access to fresh air or sunlight, without decent medical care, and in some cases basic hygiene (ask any woman who has come in with her period and missed the commissary call - you might get a napkin the next day at med call, if you know enough to know that sanitary napkins are distributed by medical). If you're on drugs, you quit cold turkey in most cases. If you have a family to support, you better hope your spouse has a good job. If you're in school, you better hope you have enough money to put on your books for an extortionate call or two to your university, assuming you can find the phone number to begin with or you're taking failing grades for the semester, and probably not enrolling for the next semester. If you live alone with few contacts with family and friends, your house can be foreclosed, your car seized, your phone turned off, and everything else that goes along with not paying your bills. And all of this even if you're innocent. You are an innocent person awaiting your trial, and your life is ruined.

You are out now. You didn't mention a body cavity search, so be glad you're not in the US - they are pro forma as part of the jail experience. You lost a couple of phones. This is nothing compared with sitting in jail for years waiting for your case to come to trial. A Speedy Trial.

Yeah, I think you have an idealized view of the US justice system.

I know very little about the Chinese justice system. In ways, I bet it's better than the US system. I'm sure it's worse in ways as well as you don't get a jury trial and maintaining your innocence can be a big detriment. But please, don't think that everything is easy over here, or that civil rights aren't violated regularly.
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  #9  
Old 11-04-2017, 11:34 AM
chunghwapost chunghwapost is offline
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Quote:
Originally Posted by prisonlady View Post
Are they doing it a lot? Do they usually do it when their victims really are, in fact, serious criminals that should probably be arrested?

As for human rights, they are not always protected much better in other places. It's just that other countries have arranged to have the right laws and paperwork to make it legal, then the targeted individual usually falls into some legal trap.

Everything is overregulated, so it's easy to break some minor rule. For instance, some countries do not even have the notion of jaywalking like the States do. Just about everywhere, people do not have the right to be there, just some sort of permission or implied permission, because they are not the owners. Their simple presence (or their return, if told not to return) can be illegal. If you really need to be there, for instance because it's the only store or cinema you have access too, too bad: there is no way to appeal the decision to ban you (other than to convince the owner to change that decision) because you are on private property. It is possible to be arrested for failure to pay things like fines or child support or to remain in jail because you can't afford to pay bail. People on parole or probation can easily end up back in prison.

In case this makes you feel better, you may want to consider the following: at least the police had to come and grab you. Can you imagine finding out that there is a warrant for your arrest and actually going to the police to surrender without being forced to? This actually happens all the time. Human rights are protected so well that people often feel that they don't have any better choice: there is nowhere to go and someone will eventually come and grab them. They actually show up for their arrest and pay good money for the privilege of getting out on bail, and all this is legal. Does that happen in your country too? If you pay money to get out, at least isn't that supposed to be a bribe, not a perfectly legal payment?
Yes they do, police in China see criminal procedures not as important as their counterparts do in the West, rights are often violated, although considered illegal by law, China is not a country that values much on human rights. The law is not something being followed strictly.

In China the police does not always respect the law and many of the general public do not trust he law, police can scare and threaten people, abuse power, search people without a warrant out of intimidation, torture is still used in some places as long it cannot be proven. The rule of law does not exist in China even though the Chinese government always talk about maintaining it, it is nothing but a slogan. China is an totaltarian state so for political influenced cases, the Party is ALWAYS above the law.

Corruption is also a problem, judges, prosecutors and police do take bribes but it depends whether you have a good connection, however in high profile cases people in the judiciary probably refuse to accept bribes.

However the law in China is actually very strict on crime, if actually being followed. Drug traffickers are punishiable by death, murderers often receive a death sentence, economic crimes such as corruption may also punishable by death, police can put people in detention even if they breached administrative laws, such as disturbing the peace. Whether it is a good law or not you decide.

Last edited by chunghwapost; 11-04-2017 at 12:11 PM..
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