nkw | 2 years ago
nkw's comments
nkw | 2 years ago | on: IBM AS/400: Databases all the way down (2019) [video]
nkw | 3 years ago | on: FCC Closes Robocall Loophole
nkw | 4 years ago | on: Google experiencing billing notification issue
nkw | 5 years ago | on: React created roadblocks in our enterprise app
[1] https://nx.dev/latest/angular/core-concepts/computation-cach...
nkw | 5 years ago | on: Licensing changes to Elasticsearch and Kibana
nkw | 5 years ago | on: Full text search on 400M US court cases
nkw | 5 years ago | on: CDC declares a federal moratorium on evictions [pdf]
nkw | 5 years ago | on: CDC declares a federal moratorium on evictions [pdf]
There is cognizable legal argument that this order might qualify as a 'taking' within the terms of the 5th amendment, which might require the government to compensate landlords, but I don't think that argument will be successful. https://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_...
nkw | 5 years ago | on: CDC declares a federal moratorium on evictions [pdf]
nkw | 5 years ago | on: CDC declares a federal moratorium on evictions [pdf]
> This should be unconstitutional if it's not already.
Sounds good. I suggest contact your elected representatives to express your support for such an amendment.
nkw | 6 years ago | on: How to fight back against Google AMP as a web user and a web developer
nkw | 6 years ago | on: PACER Fetch APIs
nkw | 6 years ago | on: Refunds for 300M phone users sought in lawsuits over location-data sales
nkw | 7 years ago | on: Ask HN: Are there any online lawyer services?
However there is one wrinkle - be aware that lawyers are inundated with emails from overseas/out-of-the-country potential "clients" looking to hire them that are, in fact, fake check/wire transfer scams, so any mention of being outside the country and wanting to hire the lawyer will most likely lead to your emails being ignored/spam canned. You will need to be ready to provide some specific information that can be verified such as the case number/pending court, and possibly be willing to start off with a telephone call.
nkw | 7 years ago | on: Bail reform could give justice to poor, minorities
This is already the case, but surprisingly people (including those accused of crimes) do not always make choices which are in their long-term self interest.
> If that's not the case, then that's almost the working definition of "flight risk", and you don't release them for any amount of money.
So how do you determine who is a "flight risk"? Past FTA? Past convictions? Don't own property? No family ties to community? From the wrong part of town? Wrong skin color? These are the types of things that will end up going into detention decisions when you take the posting of security off the table and start trying to decide who is a "flight risk". The reason we have our bail system, including in many places a constitutional right to bail for non-capital offenses, is before that Courts would simply deny bail willy-nilly for certain crimes or people they didn't like.
nkw | 7 years ago | on: Bail reform could give justice to poor, minorities
If this was attempted in the United States, and we wanted to maintain the due process protections afforded by our Constitution, we would have to fund our indigent defense programs at levels far, far beyond what anyone has been willing to do.
nkw | 7 years ago | on: Why Americans Spend So Much on Health Care–In 12 Charts
nkw | 7 years ago | on: Bail reform could give justice to poor, minorities
Which is somewhat ironic since the foundation of our bail system originates from UK common law and the limitations on it (e.g. the 8th Amendment to the U.S. Constitution) originate from limitations put into place after abuses of bail in the UK legal system. See https://en.wikipedia.org/wiki/Excessive_Bail_Clause#Origins
nkw | 7 years ago | on: Bail reform could give justice to poor, minorities
For example, without the threat of forfeiture how do you ensure people actually show up to court?
Without bail bondsmen how do you fund the extra police/marshals/sheriffs to find and arrest those who do not show up for court?
Without the ability to set bond amounts based upon offense characteristics and individual financial circumstances and criminal history, how do you prevent especially violent offenders with a likelihood of committing more violent acts while on pretrial release from committing new violent offenses? Keep in mind there are some jurisdictions where you are constitutionally entitled to bail of some amount.
There is much (justified) lamenting on the evils of the use of the bail bond industry, but after bail reform in the Federal system which effective ended the use of the industry for the Federal criminal system -- do people really think the Federal system is better? If so why?
If you want to go the other direction and eliminate money bail, do you really want to police/prosecution to able to indefinitely incarcerate people until trial?
Do you want to seriously jack up the criminal penalties for failure to appear in lieu of money forfeiture? That is going to screw over a lot of people.
Again, there are serious problems, but I haven't heard significantly better solutions.