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  • Chief Flynn Milwaukee scandal.

    I have a question about the police cheif in Milwaukee. In case you don't know he had an affair with a married woman and he is also married. Wisconsin state law states...944.16
    944.16 Adultery. Whoever does either of the following is guilty of a Class I felony:


    944.16(1)
    (1) A married person who has sexual intercourse with a person not the married person's spouse; or


    944.16(2)
    (2) A person who has sexual intercourse with a person who is married to another.

    http://nxt.legis.state.wi.us/nxt/gat...tats&jd=944.16

    They both broke this law both ways but no one even talks about it in the media and no charges have been filed at all. I'm not saying I agree with this law but it is the law. How can this just be pushed aside with the cheif just offering an apoligy? If I got caught with say cocaine, (a felony in wisconsin) I couldn't just say sorry it won't happen again. I surely wouldn't get off totally free with out any punishment. I know it could be pled down or reduced to a lesser charge or something but I would still be put in front of a judge.

    I just would like to know how the top cop in Milwaukee is being passed over on this law, when he is supposed to enforce all of them even the ones that don't always get brought up. I'm more curious about this than anything.

  • #2
    Would you advocate going into peoples homes and arresting all spouses who have had affairs?

    Where I work, we catch plenty of people together who are not married...but one is wearing a wedding band. Should they all be arrested (Adultery is a $10 fine here in MD)

    If one of your girlfriends came to you privately and confided in you that she had slept with another man, would you make a citizens arrest? Would you call the police since and report her? Would you file the charges against her? Would you contact the local papers? How would your girlfriend feel about you exposing her most intimate secrets to the world?

    Comment


    • #3
      I was a little afraid to post again because of the forum rules but I hope I can reply to my question.

      Would you advocate going into peoples homes and arresting all spouses who have had affairs? Not at all but I already said I don't agree with the law.

      Where I work, we catch plenty of people together who are not married...but one is wearing a wedding band. Should they all be arrested (Adultery is a $10 fine here in MD) I think there are a few things people should not be arrested for and are arrested for everyday.

      If one of your girlfriends came to you privately and confided in you that she had slept with another man, would you make a citizens arrest? Would you call the police since and report her? Would you file the charges against her? Would you contact the local papers? How would your girlfriend feel about you exposing her most intimate secrets to the world? No I wouldn't on all of those and she would hate me.

      Like I said in my post I don't agree with the law but it is the law. If my spouce cheated I sure could press charges in this state. I wouldn't even think of doing that but the facts are

      1 It is the law and it's a felony charge

      2 Both parties are guilty

      3 It is public and in the media

      4 They have both admitted guilt

      5 They both broke the law and nothing happend

      6 He is Milwaukee's top cop that is supposed to follow and enforce all the laws.

      Like I said I don't agree with it and I don't agree with a few more laws but it doesn't mean I won't be punshished if I break them no matter how silly I think they are.

      What does this tell people? Follow the laws you think are ok to follow and if you get caught just say your sorry and it will all go away with no problems? I really don't understand!!!
      Last edited by jennablondie; 06-22-2009, 10:20 PM. Reason: more info

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      • #4
        I'm not saying what the Chief did was OK nor do I approve of what he did. I'm sure if there was cocaine usage (like you mentioned in your first post), the story would be different.

        I dont know that I would go as far as prosecuting the Chief...not because he is police but because I couldnt see prosecuting anyone for it.

        Comment


        • #5
          Blue laws...............enacted to keep the bible thumpers happy

          In Colo. it is also a crime.......but unspecified and hence no punishment listed

          Really got a bug up your butt about it HUH
          "a band is blowing Dixie double four time You feel alright when you hear the music ring"


          The real deal

          Outshined Pujulesfan Bearcat Chitowndet Sgt Slaughter jthorpe M-11 Lt Borelli L-1Sgt CHP Nikk Smurf Presence1 IcecoldblueyesKimble LADEP ateamer ChiCity R.A.B. Jenners IrishMetal GoldBadge willowdared Monkeybomb PhilipCal pullicords Chit2001 Garbageman Narco CruiserClass Fuzz 10-42Trooper Tex4720 irishlad2nv bajakirch OnThe gurmpyirishmanNYIlliniSgtScott31 CityCopDCcgh6366 FJDave

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          • #6
            I'm not saying he should be prosecuted either. I think that law should be taken off the books in my opinion. The fact is though it's a law and apparently a serious one in Wisconsin because it is a felony charge for your first offence. Right or wrong law is law and shouldn't we all have to follow them or face criminal charges?

            Not trying to be a pain or repeat myself, but it's a clear cut case. Just like if someone murders someone and the proof is on video and a recorded confession. That person would be arrested immediately and charged. They both confessed it's all over the media and as far as the law is concerned we have two people that committed a felony confessed and haven't had a pair off cuffs even touch their hands. Who cares what the DA does with it but laws were broken, confessions made, and...nothing not even a ticket issued. It's not about the sex but the law on the books that was broken by the top cop no less. What is that telling Milwaukee citizens!!!!!

            I hope my rant makes sense and thanks for your replies Taylor. I hope this doesn't come off like I want the guys life destroyed but it is what it is and the law is very clear.

            Comment


            • #7
              Originally posted by jennablondie View Post
              I'm not saying he should be prosecuted either. I think that law should be taken off the books in my opinion. The fact is though it's a law and apparently a serious one in Wisconsin because it is a felony charge for your first offence. Right or wrong law is law and shouldn't we all have to follow them or face criminal charges?

              Not trying to be a pain or repeat myself, but it's a clear cut case. Just like if someone murders someone and the proof is on video and a recorded confession. That person would be arrested immediately and charged. They both confessed it's all over the media and as far as the law is concerned we have two people that committed a felony confessed and haven't had a pair off cuffs even touch their hands. Who cares what the DA does with it but laws were broken, confessions made, and...nothing not even a ticket issued. It's not about the sex but the law on the books that was broken by the top cop no less. What is that telling Milwaukee citizens!!!!!

              I hope my rant makes sense and thanks for your replies Taylor. I hope this doesn't come off like I want the guys life destroyed but it is what it is and the law is very clear.
              Was it your wife? LOL
              "a band is blowing Dixie double four time You feel alright when you hear the music ring"


              The real deal

              Outshined Pujulesfan Bearcat Chitowndet Sgt Slaughter jthorpe M-11 Lt Borelli L-1Sgt CHP Nikk Smurf Presence1 IcecoldblueyesKimble LADEP ateamer ChiCity R.A.B. Jenners IrishMetal GoldBadge willowdared Monkeybomb PhilipCal pullicords Chit2001 Garbageman Narco CruiserClass Fuzz 10-42Trooper Tex4720 irishlad2nv bajakirch OnThe gurmpyirishmanNYIlliniSgtScott31 CityCopDCcgh6366 FJDave

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              • #8
                Originally posted by RoadKingTrooper View Post
                Blue laws...............enacted to keep the bible thumpers happy

                In Colo. it is also a crime.......but unspecified and hence no punishment listed

                Really got a bug up your butt about it HUH
                I sure do!! It's more the fact that Wisconsin regards it as a felony. I know if I commited a felony and was reported, even for this law, at the very least I would be arrested and sit a few days in jail until I was seen by a judge or the DA decided to charge me or drop the charge.

                Comment


                • #9
                  While I am not familiar with the situation you describe, if I were to hazard a guess, I suspect little is being done because previous court interpretations in related matters suggest the law you speak of may be Constitutionally questionable and any action taken against the Chief could come back to bite the city in the rear end. There are two cases that come to mind.

                  The first is 'Lawrence v. Texas, 539 U.S. 558 (2003), which overturned a Texas statute forbidding two persons of the same sex to engage in certain intimate sexual conduct. While gay sex has little to do with adultery, the court's message was that the government has no business legislating what goes on in the bedroom.

                  In the second case, Briggs v. N. Muskegon Police Dep't, 563 F.Supp. 585 (W.D. Mich. 1983), the district court, found that the police department violated a plaintiff's constitutional right to privacy by terminating and refusing to reinstate him as a police officer for his cohabitation with a woman while they were both married to other people. The plaintiff contended that the defendants' acts had intruded on his constitutionally guaranteed rights of privacy and association, and the district court agreed.

                  Under the circumstances, I doubt anything more will happen as it may be that the Chief's conduct has not violated any laws that will survive a court test.
                  Going too far is half the pleasure of not getting anywhere

                  Comment


                  • #10
                    That's all fine and good but leads me back to the point (maybe I wasn't clear on this) they should both be arrested and the courts should have to figure it out. Why wouldn't the police arrest someone for commiting a felony. Isn't that your job to enforce the laws regardless? I understand a cop wouldn't want to arrest his boss over something dumb like this but isn't it the duty of the police to arrest people who break laws let alone commit felonies?
                    Last edited by jennablondie; 06-23-2009, 12:20 AM. Reason: because I'm blond and tired lol

                    Comment


                    • #11
                      Originally posted by jennablondie View Post
                      That's all fine and good but leads me back to the point (maybe I wasn't clear on this) they should both be arrested and the courts should have to figure it out. Why wouldn't the police arrest someone for commiting a felony. Isn't that your job to enforce the laws regardless? I understand a cop wouldn't want to arrest his boss over something dumb like this but isn't it the duty of the police to arrest people who break laws let alone commit felonies?
                      For the same reason we dont arrest for riding your horse down main st after 9 pm anymore. Felony or not, the law is out dated. I am not saying its ok to sleep around when your married. Been down that road and it is better left untraveled. I am saying that prosecuting everone for adultry would clog the system and there would be no time slots for my dope arrests.

                      We had to choose, adultry or dope, adultry or domestics, adultry or drunk driving.

                      Some laws just get pushed aside. Not enforced and after a while its like they dont exist. ts a numbers game.
                      It takes a Wolf.......

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                      • #12
                        I see your point in old laws but in reading the law it was ammended three times and is very much alive. It was done in 77 (ok old) 93 (not so old) and 01 (pretty new). I don't want to start an argument but from what I got out of your post the police can pick and choose what laws they want to enforce? That doesn't seem right at all.

                        For example I call the station with a complant that someone commited a felony and I know where he is and want him arrested. I also say I have video and audio of the confession. You can choose if you want to arrest him or not?

                        Comment


                        • #13
                          Originally posted by jennablondie View Post
                          That's all fine and good but leads me back to the point (maybe I wasn't clear on this) they should both be arrested and the courts should have to figure it out. Why wouldn't the police arrest someone for commiting a felony. Isn't that your job to enforce the laws regardless? I understand a cop wouldn't want to arrest his boss over something dumb like this but isn't it the duty of the police to arrest people who break laws let alone commit felonies?
                          When the courts rule that a law is unconstitutional, that does not immediately wipe it from the books. It just makes it unenforceable.

                          Were the district attorney and a judge to issue an arrest warrant and go to trial knowing that the crime in question appears to be legally unenforceable, they would no longer be acting in good faith and would be violating the public trust. This is known as Malicious prosecution and is contrary to the ethics of the American legal system.

                          It is rare to see a prosecutor or judge intentionally and publically do something that unethical, even to satisfy the cry of a mob with pitchforks. They know well ahead of time that they will lose in court, or on appeal and at reelection time, they will be branded not as just an honest officials who did their jobs well, but as a loose cannons that need to be replaced.
                          Going too far is half the pleasure of not getting anywhere

                          Comment


                          • #14
                            Just so I understand. You catch me redhanded breaking a law. A judge and the DA have to issue a warrant before you can arrest me? I guess that's what I don't understand about your reply. I though the police have the duty to arrest law breakers and the DA and judge come in later to determine if they want to persue it or let it go.

                            Comment


                            • #15
                              I think that the chief screwed up. He's supposed to set the example, however I'm not going to get bent out of shape over it.

                              I'm not going to pass judgment on him for his actions, I'll just hope that he doesn't do it again for the sake of his family.

                              We do have the duty to arrest, however we also have the ability to use discretion when making our arrests. Would our time be better spent arresting, booking, and fingerprinting a suspect for adultery when we could be out hunting drug dealers?

                              I can see how this topic might be upsetting to you, but no department has the time, money, or officers to be tracking down all of those unfaithful spouses.

                              If we're going to enforce this law, should there be a law preventing people out of wedlock from having sex? Or are you guilty of that little sin? Judge not lest ye be judged jennablondie...

                              Comment

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