William Slater's CIS 537 Blog: Post 030

What Happens When
The Bill of Rights Are Nullified?

Torture and death by pepper spray. See picture above. Over 2.5 years ago, a 62-year old man named Nick Christie was apparently arrested for public drunkenness and restrained by being tied to a chair and pepper by staff members of the Lee County Florida (Tampa, FL) Sheriff's Department. His widow is filing a suit The article by Mike Riggs describing the incident along with comments by outraged readers is at this link: http://reason.com/blog/2011/12/23/lee-county-deputies-tied-suspect-to-a-ch .

An article by Doug Smith doing investigative report (with video) is at this link: http://www.myfoxtampabay.com/dpp/news/investigates/photo-shows-pepper-sprayed-prisoner-12142011

Looks to me like his 6th and 8th Amendment Rights as guaranteed in the U.S. Constitution were violated. Does anyone else think this is a bad thing?

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Article [VI.]

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Article [VIII.]

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

What do you think?

References:

The Constitution of the U.S. (1791). U.S. Constitution. Retrieved from the web at

http://www.billslater.com/wfs_us_constitution.htm on November 6, 2011.

The Declaration of Independence. (1776). The Declaration of Independence. Retrieved from the web at

http://www.billslater.com/tj1776.htm on November 6, 2011.

Doyle, C. (2002). USA PATRIOT Act: A sketch. Retrieved from the web at

http://www.fas.org/irp/crs/RS21203.pdf on December 24, 2011.

Doyle, C. (2010). National Security Letters in Foreign Intelligence Investigations: A Glimpse of the Legal Background and Recent Amendments - a CRS Report Dated December 27, 2010. Retrieved from the web at http://www.fas.org/sgp/crs/intel/RS22406.pdf on December 24, 2011.

Electronic Privacy and Information Center Resources about the USA PATRIOT Act

http://epic.org/privacy/terrorism/usapatriot/ .

Riggs, M. (2011). Lee County Deputies Tied Suspect to a Chair, Gagged Him, and Pepper-Sprayed Him to Death. An article published at Reason.com on December 23, 2011. Retrieved from the web at http://reason.com/blog/2011/12/23/lee-county-deputies-tied-suspect-to-a-ch on December 23, 2011.

Smith, D. (2011). Photo shows pepper-sprayed prisoner. An article published at MyFoxTampabay.com on December 15, 2011. Retrieved from the web at http://www.myfoxtampabay.com/dpp/news/investigates/photo-shows-pepper-sprayed-prisoner-12142011 on December 23, 2011.

U.S. Government (2001). USA PATRIOT Act. Retrieved from the web at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=107_cong_public_laws&docid=f:publ056.107.pdf on December 24, 2011.

U.S. Department of Justice (2004). USA PATRIOT Act at Work. Retrieved from the web at

http://www.justice.gov/olp/pdf/patriot_report_from_the_field0704.pdf on December 24, 2011.

Wikipedia. (2011). USA PATRIOT Act. A Wikipedia article retrieved from the web at

http://en.wikipedia.org/wiki/Usa_patriot_act on November 6, 2011.

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William Favre Slater, III

MBA, M.S., PMP, CISSP, SSCP, CISA, ISO 27002, ISO 20000, ITIL v3, Cloud Computing Foundation

Project Manager / Program Manager

M.S. in Cybersecurity Program at Bellevue University

http://cybersecuritymsbellevue.blogspot.com

CIS 537 Introduction to Cyber Ethics

http://cis537-wfs.blogspot.com