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Under duress

 
 
idontknow1
 
  4  
Reply Thu 24 Jun, 2010 03:05 pm
@austinsdaddy0105,
My first reply is directed towards the question: No.

Only the circumstances can render your signature invalid.

My second reply is directed towards 'austinsdaddy0105.'

I've been a cop for seventeen years. I made detective six years ago. I don't claim to know everything but here is one thing I do know:

Police Officers tend to think they are really cool. However, many citizens don't see it that way. I think power and respect are the culprit.

When I first got started I didn't understand why folks didn't care for us much. I can kinda see it now. I only like a handfull of the people I work with. Why? Read more and you'll see why.

You're answer to the question contained many bits of information and stories you think make you cool. I feel your answer was more about YOU, your RADIO, how COOL YOU are, and the POWER YOU HAVE.

One more thing: What difference does it make that the guy was Mexican?

OmSigDAVID
 
  1  
Reply Thu 24 Jun, 2010 03:28 pm
@idontknow1,
idontknow1 wrote:
One more thing: What difference does it make that the guy was Mexican?
A lot of Mexicans r sneaking into our country. Some of us resent it.





David
0 Replies
 
djjd62
 
  1  
Reply Thu 24 Jun, 2010 03:38 pm
Cherry Beach Express is a song about the notorious 52 Division of the Toronto Police force. They have long been believed to routinely take prisoners and suspects to a deserted, industrial waste land called Cherry Beach and beat the crap out of them.
There was at least one major law suit where a Cherry Beach Express victim was awarded a six figure settlement against the Toronto goons who took him on the Cherry Beach Express.

The Toronto Police force has also had a steady stream of corruption problems, accusations and officers charged for various criminal offences. The force has serious ethical and criminal problems and needs to be cleaned out from top to bottom.

Following are the lyrics to a song about the practice which got a lot of airplay on Toronto radio in 1984. Needless to say the Police tried to ban the song. One wonders how many members of the Pukka Orchestra ended up riding the Cherry Beach Express.

Police in Saskatchewan have been dumping undesirables in mid winter out side town where they can freeze to death. No doubt other police forces have their own versions of the Cherry Beach Express.


Cherry Beach Express
Pukka Orchestra
I've got a bone to pick with you
not so friendly boys in blue
you come out of the station
and into the street
and everybody beats
a hasty retreat

Well it was late one Friday
I'm a little bit wrecked
you're on your way to serve and protect
you buzz out of a cruiser
like bees from a hive
and ask me if I want to
go for a drive

go for a drive?

That's why I'm riding on
the Cherry Beach Express
my ribs are broken
and my face is in a mess
and I made all my statements
under duress

52 Division
handcuffed to a chair
I'm joining the lineup
to fall down the stairs
I tell you I'm innocent
I try to explain
we're just making sure
you don't do it again

do what again?

That's why you're riding on
the Cherry Beach Express
your ribs are broken
and your face is in a mess
and we strongly suggest you confess!

I confess I'm mystified
by the way you're occupied
I confess I'm horrified
why are you so terrified?
does the pain get any less
if I confess

52 division, handcuffed to a chair
I'm trying to line up, to fall down the stairs
I tell you I am innocent, I try to explain
But just making sure you don't do it again
(Do what again?)

That's why I'm riding on the Cherry Beach Express
My ribs are broken and my face is in a mess
That's why I'm riding on the Cherry Beach Express
And I never dreamed it would be like this

I never dreamed it would be like this
I never dreamed it would be like this
I never dreamed it would be like this
0 Replies
 
neo99
 
  3  
Reply Mon 17 Jan, 2011 04:02 pm
@fishin,
"Duress means that you are being forced to participate in some illegal activity against your will."

If I put a gun to your head and forced you to eat a tuna fish sandwich, would would you not be eating the sandwich "under duress" in spite of the fact that eating a tuna fish sandwich is not illegal?

du·ress   
–noun
1.
compulsion by threat or force; coercion; constraint.
2.
Law . such constraint or coercion as will render void a contract or other legal act entered or performed under its influence.
3.
forcible restraint, esp. imprisonment.
http://dictionary.reference.com/browse/duress
0 Replies
 
surovi
 
  1  
Reply Tue 10 Jan, 2012 11:43 pm
Duress means that you are being forced to participate in some illegal activity against your will.

When you are signing a parking ticket or a disciplinary document at work you are only signing to acknowledge receipt of the document. You aren't signing as a statment that you agree or disagree with anything written on it and accepting such a document from another person certianly isn't illegal so claiming that you are sigining it under duress is a stretch.
LawMan1984
 
  1  
Reply Wed 29 Feb, 2012 01:15 pm
@LordoftheLeftHand,
Its not UD! Its Vi coactus a Latin term, abbreviated as V.C., and means 'under constraint'. It is used to indicate an agreement made under duress.
0 Replies
 
ablanch
 
  1  
Reply Thu 12 Jul, 2012 09:47 pm
@AziMythe,
The Judge or DA had to have seen the make of the car, the license plate and the registration number on the ticket. Regardless, of the claim it wasn't their signature. If those items were on the ticket, and matched their vehicle, they would also have had to say someone stole their car, along with their license.
0 Replies
 
OmSigDAVID
 
  1  
Reply Sat 14 Jul, 2012 05:31 am
@surovi,
surovi wrote:
Duress means that you are being forced to participate in some illegal activity against your will.
Yes, true; duress ALSO means being forced to do something that is perfectly legal, against your will.



surovi wrote:
When you are signing a parking ticket or a disciplinary document at work you are only signing to acknowledge receipt of the document. You aren't signing as a statment that you agree or disagree with anything written on it and accepting such a document from another person certianly isn't illegal so claiming that you are sigining it under duress is a stretch.
0 Replies
 
Abusedspouse
 
  1  
Reply Wed 9 Apr, 2014 07:32 am
What if you have an abusive husband who is forcing you to sign a rax return that you know contains fraudulent information or he will seriously injure you and/or your child? Is it possible to do it in such a way that it is not quickly noticeable as that would cause further rage? THANK YOU
jespah
 
  2  
Reply Wed 9 Apr, 2014 08:06 am
@Abusedspouse,
Wouldn't it be better to just pack a small bag, take your child and head to the nearest shelter or police station?
Abusedspouse
 
  1  
Reply Wed 9 Apr, 2014 09:02 am
@jespah,
We did get out after this happened (with the help of the police followed by a PFA) but it is coming back to haunt me . It isn't as easy as people think to just leave. I know a couple people who are in this situation and would like to help them with an answer until they are able to get away.
0 Replies
 
Archangel373
 
  1  
Reply Sun 13 Jul, 2014 09:32 pm
du·ress noun \du̇-ˈres also dyu̇-\
: force or threats meant to make someone do something... This is the definition of duress... It is very difficult to believe that this conversation is being entertained. When you as an officer of the law or a private citizen produce a contract and in so doing you coerce, (co·erce: kōˈərs/Submit verb
persuade (an unwilling person) to do something by using force or threats.
"they were coerced into silence" synonyms: pressure, pressurize, press, push, constrain; More obtain (something) by using force or threats.
"their confessions were allegedly coerced by torture") a second party, the signature is automatically invalid... It is also a concern to me that so many of you express the opinion paraphrased "you need to sign or go to jail" as if that convenience overshadows the outright criminal assault on constitutional rights that have just been violated. The constitution states that individual state can very well make there own laws... As long as those laws do not tread on the citizens constitutional rights which are in place to restrain the government not the citizen. I will give you a prime example... Slavery... It has always been wrong to practice property control over a human being in this country... no matter what state laws may be in acted to the contrary. You, (some of you officers of your respected states) should know this... You are treading heavily on the constitution you swore an oath to uphold... These are far more than just mere words... it is a sacred trust that if taken I will be proud to grant you as a citizen the use of deadly force over me to protect my constitutional rights. Having stated that the signature does not prove guilt is irrelevant. By this point of the interview the officer has garnered enough information to be confident that this citizen is who he or she said the they are and were they reside. Now if the citizen fails to appear a writ of habeas corpus will be issued to bring the citizen before a judge or into court. States who have adopted the "you need to sign or go to jail" policy have turned a citizen constitutional rights inside out. If officers of the law cannot understand this must basic foundations of our laws how can I or any citizen trust you to protect our rights? The Archangel
0 Replies
 
Archangel373
 
  1  
Reply Sun 13 Jul, 2014 09:57 pm
@fishin,
Are you really asking this as a question???... of course this is an illegal act!!!... You are under duress and being coerced... You should file a complaint up the next highest officer in the chain of command, Contact the ACLU and the EEOC in your state... You need to push hard and fast but always courteously... I fully expect if this is done there will be a very quick resolution to this matter... Lastly contrary to what fishin says it does not matter what the documents are...

The Archangel
0 Replies
 
justsayin2468
 
  1  
Reply Mon 6 Mar, 2017 09:44 pm
From what I understand about your country's duty and more importantly the duty of the people you have had trained and taught to uphold these laws, under the constitution of civil rights laws it cannot be in breach of any law for anyone to refuse to sigh any form of documentation, if it was they would not require your signature in the first place? is that correct or can anyone be held accountable for something they have not signed?? ie home loans, rental cars? What's the difference?
Forcing someone to sign something is not why someone needs your signature in the first place....
0 Replies
 
 

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