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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsPolice arresting suspected prostitutes, taking them to church
In May 2013, Monica Jones, a student and sex-work activist, was arrested for manifesting prostitution by the Phoenix police.
Hers was one of more than 350 arrests carried out by Project ROSE in conjunction with Phoenix police since the program's inception in 2011.
Project ROSE is a Phoenix city program that arrests sex workers in the name of saving them. In five two-day stings, more than 100 police officers targeted alleged sex workers on the street and online. They brought them in handcuffs to the Bethany Bible Church. There, the sex workers were forced to meet with prosecutors, detectives, and representatives of Project ROSE, who offered a diversion program to those who qualified. Those who did not may face months or years in jail.
In the Bethany Bible Church, those arrested were not allowed to speak to lawyers. Despite the handcuffs, they were not officially arrested at all.
In law enforcement, language goes through the looking glass. Lieutenant James Gallagher, the former head of the Phoenix Vice Department, told me that Project ROSE raids were programs. The arrests were contact. And the sex workers who told Al Jazeera that they had been kidnapped in those windowless church roomsthey were lawfully detained.
more
http://www.vice.com/read/in-arizona-project-rose-is-arresting-sex-workers-to-save-them
hobbit709
(41,694 posts)Feral Child
(2,086 posts)Detaining a person and transporting them to another location are the components of an "arrest", as decided by the Supreme Court. Sorry I can't provide a legal citation of the decision, but I'm quite sure this has come up before and been addressed.
Mosby
(16,350 posts)Feral Child
(2,086 posts)you are under arrest:
"2. : seize, capture; specifically : to take or keep in custody by authority of law." (from the online Merriam Webster; http://www.merriam-webster.com/dictionary/arrest?show=0&t=1393541417 )
The courts have upheld this, in fact a traffic stop is considered an arrest in some instances, the citations or summonses are issued in lieu of booking procedures.
They may tell you that you're being detained rather than arrested, but they're notorious liars and it's just part of the psych game to trick you into an incriminating statement.
How long can police keep me in custody before charging me?
If you are in custody because police suspect you have committed an offence, police may keep you in custody for a reasonable time to investigate the offence, question you about it, carry out searches and decide whether to charge you. In deciding what is a reasonable time, a number of things may be considered, including things such as:
the time required to transport you to a place where you can be interviewed properly
the need for you to receive medical treatment
the need to let you recover from the effects of alcohol or drugs
the number of offences and how complicated they are
the need for police with special knowledge to travel to attend the investigation, and
the need to interview witnesses or other suspects.
Apart from this reasonable time limit, police must also ensure that they do not keep you in custody for more than six hours, unless they get the approval of a senior officer. If they get approval, they are then allowed to keep you in custody for no more than another six hours, making a total of twelve hours. After twelve hours, police may only continue to keep you in custody if they get approval from a magistrate.
http://www.legalaid.wa.gov.au/InformationAboutTheLaw/crime/securityOfficers/Pages/Policepowerstoarrestanddetain.aspx
In a lot of states its longer, 48 to 72 hours.
http://blogs.findlaw.com/blotter/2012/07/how-long-can-you-be-held-without-charges.html
Feral Child
(2,086 posts)that's still an arrest.
You can be arrested and never have formal charges brought against. Taking a person into custody is an arrest. There are, of course, limitations to arrest without a warrant, but any time the police restrain your movements, you are under arrest.
They'll frequently suggest or insinuate you can't leave, but if you ask directly if you are under arrest, the must respond, and if they say "No." you can ;leave.
RKP5637
(67,112 posts)democratisphere
(17,235 posts)get the red out
(13,468 posts)Without question.
RKP5637
(67,112 posts)a democracy. (1) Get the church out of government! (2) Tax ALL religious outfits! (3) Jail the offenders of (1) and (2)!
DURHAM D
(32,611 posts)ChazII
(6,206 posts)NaturalHigh
(12,778 posts)valerief
(53,235 posts)cinnabonbon
(860 posts)they do that?
Seriously though, you bring up a good point.
HappyMe
(20,277 posts)So they weren't arrested at first, but then they were arrested if they didn't agree with the churchy program?
Prepare the lawsuits.
RKP5637
(67,112 posts)NCTraveler
(30,481 posts)At the same time, they seem to be thinking outside the box. Doing something different than the norm. That is a good thing. They know that the current system is seriously flawed. They are also thinking of how to help people. Bonus points for that even though they have really screwed up. Lets find a different way people. Lets applaud them for attempting something new while chastising them for their flawed thought process at the same time.
icymist
(15,888 posts)Or maybe those Jews? Whoever else they deem unfit? I don't see good in this. I see the police department being used to kidnap, illegally detain, force a religion under the threat of jail. No. These police are un-American and criminal.
NCTraveler
(30,481 posts)valerief
(53,235 posts)NCTraveler
(30,481 posts)Where did I say the program itself was anything but bad.
icymist
(15,888 posts)And in a 'quite matter of factory' way. Nice job.
NCTraveler
(30,481 posts)I cannot find where you are seeing that.
The program sucks.<-bad. really bad. They know the current manner things are doing sucks. <-good. almost common sense. Their manner of change sucks. <-bad.
It is obvious from my original post.
At no point did I even come close to saying the program is good. Maybe your are replying to the wrong post.
icymist
(15,888 posts)"This program sounds really fucked up and unconstitutional.
At the same time, they seem to be thinking outside the box." So let's all jump on the band wagon that the police are doing something good; their way of thinking! I'd like to argue with you here, but this is an anonymous message board.
NCTraveler
(30,481 posts)You jumped the gun with your comment or are trying to see something that isn't there. It often happens when one wants to argue on a message board and is having problems finding the right angle. You will not find what you claim in any way. You attempt to back up your assertion has failed. Please move along and attempt to put words in someone else's mouth. Your attempt to do so with me isn't working.
icymist
(15,888 posts)Have a day.
HappyMe
(20,277 posts)and the right to not be kidnapped, and the right to NOT attend a church.
NCTraveler
(30,481 posts)Something needs to happen to law enforcement and any other government organization that had a hand in this. Possibly judicial?
HappyMe
(20,277 posts)Since this is the ROSE people's brain fart, they should be facing some judicial reckoning too. Maybe even that church, since they were also party to this.
Warren DeMontague
(80,708 posts)Little thing called the Establishment Clause.
NCTraveler
(30,481 posts)Don't support it in anyway. Never said I did. Hence the reading is fundamental comment.
geek tragedy
(68,868 posts)is taking them to church
NCTraveler
(30,481 posts)They clearly did try a different idea here from the original concept of diversion. They really screwed up and will end up getting sued. The current state of how these situations are being delt with also sucks. I am in no way backing what they are doing. At least they attempted change. Now maybe they can attempt to find a brain cell before their next effort.
Fantastic Anarchist
(7,309 posts)And I understand your point about thinking of new avenues - but what the police are doing is a crime.
NCTraveler
(30,481 posts)I really don't have an answer for that. Illegal or not, I do think law enforcement should be more focused on the Johns than the women. I am only saying that with respect to the current laws on the books. Wish I had deeper thought to give you on that, I just don't know.
"but what the police are doing is a crime."
I completely agree that it should be a crime. Not just unconstitutional. If anyone else were to do this it would be kidnapping and other charges.
Nika
(546 posts)It violates separation between church and state to have city, county or state employees promoting a religious solution in any way. This needs to be stopped.
RKP5637
(67,112 posts)to me is creepy, illegal and a violation of separation of church and state.
NCTraveler
(30,481 posts)I mean really fucked up. I agree that this needs to stop. Hence what was said in my post. Seems we agree.
barbtries
(28,811 posts)wtf
RKP5637
(67,112 posts)combine their agenda with something thought to be good, as they edge closer and closer to a Police State Theocracy as they get their foot in the door. Hitler, for example, knew well how to do this, but dropped the theocracy part.
diabeticman
(3,121 posts)HappyMe
(20,277 posts)were being arrested. Taken to a church against their will. Were not given the benefit of an attorney. If they wouldn't sign up with the churchy crap, they then were arrested.
A laundry list of crimes, a laundry list of people I would sue the hell out of if I were one of those women.
JoeyT
(6,785 posts)they were unofficially kidnapped. No part of this program is constitutional or legal. Everyone involved needs to go to jail, and the city that it took place in needs to be sued into oblivion.
GreenPartyVoter
(72,381 posts)jsr
(7,712 posts)Nika
(546 posts)Or if he even wanted to go that route. It's all hypothetical as he never existed anyway.
Jerry442
(1,265 posts)Is there any doubt that the people detained were told that any show of disrespect to the church people would result in harsh treatment?
"Welcome sinners. Sit and listen to the Good News and if any of you wretches as much as roll your eyes at me, I'll have the ears beaten off you."
awoke_in_2003
(34,582 posts)That way they can feel all smug and warm about what good xtians they are, and the get to share Jeebus' love with the heathens.
demwing
(16,916 posts)Where does that come from?
SwampG8r
(10,287 posts)RKP5637
(67,112 posts)all about politics, money and power trips and often dominating males. Many in religion have been persecuting people for eons!
DFW
(54,436 posts)There are a LOT of Phoenix officials that need to be doing some serious jail time over this.
Helen Borg
(3,963 posts)Coyotl
(15,262 posts)Fantastic Anarchist
(7,309 posts)Good grief. Down the tubes, we go.
grahamhgreen
(15,741 posts)rdharma
(6,057 posts)I hope the city of Phoenix gets it's ass sued off!
Cleita
(75,480 posts)as lawfully detained, or how about embezzlers and other white crime arrests?
Jeff In Milwaukee
(13,992 posts)Prostitution is illegal, so arresting someone for prostitution is the dictionary definition of not news.
This is a diversion program -- similar to programs in place across the country -- where sex workers are offered options for housing, medical services, substance abuse treatment, and generally a path out of life on the street. This program was first offered in 2011, and a third of the women arrested have never be re-arrested for prostitution. So there's some success there.
It seems that people are freaking out because the Catholic Charities and another local church are involved -- along with the ASU School of Social Work and a variety of local charities and non-profits.
I find it curious that people would have a problem with trying to keep vulnerable women from being further victimized.
rdharma
(6,057 posts)Illegal detention is the only way to describe it!
Jeff In Milwaukee
(13,992 posts)Larges cities have been using these for decades.
And I can't believe people are complaining about no arrests being made. Every one of these women could have been arrested, but the program isn't about forcing people into diversion -- it's about letting them know they have options.
If you say, "Go into the program or go to jail," people will go into the program even though they're not really committed.
rdharma
(6,057 posts)OMG!
Jeff In Milwaukee
(13,992 posts)You've committed a crime (solicitation). You qualify for a diversion program. You can accept it or not.
Nice try, though...
rdharma
(6,057 posts)It's called "coercion". Do you need a legal definition?
Jeff In Milwaukee
(13,992 posts)I find it curious that you don't seem to care about the coercion of women who are substance-addicted or held in virtual (or actual) slavery by their pimps. Better women be subject to that sort of coercion than having to choose between going to prison or getting their life back?
Diversion programs and alternative sentencing have been around for decades, so if it's unconstitutionally coercive, then I suggest that you run (don't walk) to the Supreme Court to inform them of their error.
rdharma
(6,057 posts)Guess you lost the argument, eh?
Good luck with your version of "Christian Sharia Law"!
Jeff In Milwaukee
(13,992 posts)I simply observed that you seem to be more concerned about the rights of a pimp to keep his woman on the street and turning tricks that the rights of that woman to get her life back.
And as I observed elsewhere, this program was created and is managed by the University of Arizona. So the mush-headed references to "separation of church and state" are evidence of derpiness on your part.
First one who derps, loses.
Thanks for playing. Now take your years' supply of Rice-a-Roni and move on.
rdharma
(6,057 posts)You simply failed again to put words in my mouth citing things I never said.
Third strike? Go for it!
Jeff In Milwaukee
(13,992 posts)Just like they said "Accept the Cross or Die!" during the crusades
I was trying to do you the favor of translating your words into something that might be considered a rational argument.
But whatever....
hue
(4,949 posts)rdharma
(6,057 posts)hue
(4,949 posts)Jeff In Milwaukee
(13,992 posts)treestar
(82,383 posts)See if they can get acquitted. If found guilty, they get jail or fines. Diversion programs are the law being lenient, really.
demwing
(16,916 posts)How is "Repent or Jail" LESS coercive than "Repent or be Arrested"?
Crepuscular
(1,057 posts)"You've committed a crime"
Who says that a crime has been committed? A Judge? a Jury? Until one of those has rendered a verdict and the accused has been afforded due process, all you have are allegations made by the police.
Nothing wrong with a diversion program but it should either be part of sentencing after a trial or part of a pre-trial plea deal, where the accused has counsel. Empowering the police to act as Judge & Jury, bypassing the judicial system and eliminating due process is abhorrent.
Jeff In Milwaukee
(13,992 posts)They're picked up by the police for soliciting, but before being charged, they're are given an offer of diversion. If they don't want that, then they get legal representation as usual. Why clog the court system (and give a first-time offender an arrest record) when you can avoid that?
HappyMe
(20,277 posts)a good old fashioned kidnapping, and then being held against your will. With a side of go to jail unless you sign on for 'salvation'.
hue
(4,949 posts)Yes they feared prison. If You read the entire article you would see what happened to one young lady in prison.
No guard has ever been charged for Marcia Powell's death.
Some of the young ladies were advocates for sex workers, and for that they were "arrested".
OK so this is in AZ and yet in Nevada where prostitution is legal & of course most of the $$ goes to the johns everything is OK???
Jeff In Milwaukee
(13,992 posts)I'm just wondering at what point DU decided that sex trafficking was considered a civil right.
There are women on the street who are drug and alcohol-addicted, who live under the threat of domestic violence (from their pimp) at every moment of their lives, who run the daily risk of HIV infection, rape, and beatings from their customers.
So by all means, let's get our panties in a twist because they've been offered a road to freedom.
Comrade Grumpy
(13,184 posts)Jeff In Milwaukee
(13,992 posts)You see, if you accept the diversion program, you don't go to jail. Sort of the whole point.
Nice try, though...
HappyMe
(20,277 posts)How about a couple of social workers showing up with some brochures and speaking with the women. You know, treating them like thinking humans rather than cattle to be rounded up.
Jeff In Milwaukee
(13,992 posts)Prostitution is illegal in the State of Arizona. Don't like it? Run for office. But this is how diversion programs work -- you've been arrested for a crime, so you're given the choice of going into the criminal justice system or getting away from the lifestyle that lead you to committing the crime in the first place.
And you don't think that social workers conduct street level outreach? You clearly don't know any social workers.
HappyMe
(20,277 posts)They may have good intentions, but they are going about it entirely the wrong damn way. The churchy people, ROSE and the cops commited a ton of crimes and they should have the crap sued out of them. I hope the ACLU is all over this like white on rice.
Jeff In Milwaukee
(13,992 posts)This is a program to help women get out of an regular shit-sandwich of a lifestyle. Get them away from drugs, violence and poverty and have a life they can call their own.
This program is run by the University of Fucking Arizona's School of Social Work. The "churchy" people are providing mostly volunteer services and...you know...trying to help out the less fortunate in the way that Jesus was always yammering on about.
You want these women be left to the tender mercies of their pimp because you'd rather see somebody sue the crap out of the cops?
Does the phrase "cutting off your nose to spite your face" have any particular resonance?
Only in this case, you're "cutting off someone else's nose to spite someone else's face."
HappyMe
(20,277 posts)needs a damn class about CIVIL LIBERTIES!
You don't take the basic RIGHTS away. Yes, sue the fuck out of the cops, the program and the damn church. A crime is a crime. Just because you do it in the name of 'good' doesn't make it any less a crime.
Rounding women up like cattle, not giving them access to an attorney, holding them in a church basement against their will is WRONG. Period.
Jeff In Milwaukee
(13,992 posts)As I said elsewhere, these programs have been around for decades, so if you know something the Supreme Court doesn't know, I suggest you take it up with them.
Police regularly and routinely conduct prostitution sweeps. And women were allowed contact with an attorney after they had been charged. "Holding them in a church basement" is also known as, "explaining to these women that they have options to get out of their shitty situation."
A crime is a crime.
True that.
But this isn't a crime.
HappyMe
(20,277 posts)I think this is a bullshit, unconstitutional move that may screw other programs that don't use shitty tactics,
hue
(4,949 posts)Jeff In Milwaukee
(13,992 posts)Since you typed in all caps I suppose I should just agree with you...
Second one to derp also loses.
treestar
(82,383 posts)The attempt at knee-jerk here failed, and look at the doubling down! Here the evil cops are actually being merciful.
Jeff In Milwaukee
(13,992 posts)Say the right key words, and they'll come out swinging.
Every now and then, I try to talk them off the ledge.
hue
(4,949 posts)Jesus never forced anyone to do anything. These women were forced (handcuffed, taken in police cars, left in windowless rooms etc.) or had to pay the price.
And by the way, Jesus never had a church.
And Your analogies of "cutting off someone's nose" are not rational in this case.
Jeff In Milwaukee
(13,992 posts)Police detain you if there's reasonable suspicion that you've committed or witnessed a crime. Unless you're arrested, you're able to leave.
Police arrest you (and now you're not free to leave) if you're a suspect in a crime.
Prosecutors charge you if they believe sufficient evidence exists to go to trial or (wait for it) they decide to not prosecute you for some other reason. Such as, you just agreed to enter a diversion program for first-time offenders.
I don't know all the details of this program -- the article in the OP is wildly inflammatory in its rhetoric and based on the allegations of a single witness. But from what I gather, the women in question would caught up in a prostitution sweep in Phoenix. Meaning that their arrests for soliciting prostitution were entirely legal. Being handcuffed (ack) and taken in police cars (argle) and left in windowless rooms (swoon) is pretty much par for the course when you're being arrested.
The women who chose to enter the diversion program were released, and those who chose to face prosecution were processed.
d_r
(6,907 posts)but just fyi this is from the article:
At first, Project ROSE may seem similar to the many diversion programs in the United States, in which judges sentence offenders to education, rehab, or community service rather than giving them a criminal record. What makes ROSE different is that it doesn't work with the convicted. Rather, its raids funnel hundreds of people into the criminal justice system. Denied access to lawyers, many of these people are coerced into ROSE's program without being convicted of any crime. Project ROSE may not seem constitutional, but to Roe-Sepowitz, rescue is more important than rights.
Jeff In Milwaukee
(13,992 posts)This article comes from www.vice.com and the author is a New York-based artist and who wrote the article based almost exclusively on an interview with a single person who (clearly) is not a fan of the program.
So let's take this whole article with a grain of salt.
The facts are these: Project Rose deals with women without prior convictions for prostitution (suggesting that they haven't been in the trade very long, thus more interested in getting out). Women who were caught up in these sweeps were in the act of soliciting, but those who qualified for Project Rose were given that as an option; those who weren't qualified were processed as usual (i.e., given access to a lawyer). The article's argument to the contrary, this really is how some diversion programs operate.
There is a constitutional issue here: women with convictions who want into the program could argue that they were not given equal treatment. That's a valid point.
hue
(4,949 posts)The "windowless church rooms" are prisons, the "law enforcers" are the kidnappers/criminals!
They are misogynists in full swing!
Yes here is an example of what the Catholic Church is really doing!!
rdharma
(6,057 posts)Accept "salvation" or go to jail!
Christian "Sharia Law"...... Arizona style!
hue
(4,949 posts)aquart
(69,014 posts)KansDem
(28,498 posts)Something about "cruel and unusual punishment?"
I think it's Amendment VIII...
ohheckyeah
(9,314 posts)Project ROSE may not seem constitutional, but to Roe-Sepowitz, rescue is more important than rights.
Their freedom is a small price to pay for forcing others into a program that might remove them from the life.
Jeff In Milwaukee
(13,992 posts)A program that provides medical services, drug treatment, housing and food assistance is considered "cruel and unusual punishment"
For real?
KansDem
(28,498 posts)I was referring to being forced to go to church!
Jeff In Milwaukee
(13,992 posts)Except on potluck Sunday.
JJChambers
(1,115 posts)This story is wrong on so many levels. Prostitution should be legalized and regulated. Church and state should be separate.
hue
(4,949 posts)PowerToThePeople
(9,610 posts)NaturalHigh
(12,778 posts)and why on earth would anyone face months or years in jail for manifesting prostitution? Aren't there serial killers out there that we need to catch?
RainDog
(28,784 posts)I don't know about this state - but police have arrested women on suspicion of prostitution for possession of a legal substance. What if you picked up a box on condoms for your boyfriend on your way home from working a night shift? Off with your head!!!
This whole thing is a violation of civil rights in so many ways and it makes me want to VOMIT that local authorities are fine with forcing a particular religion, or any one, on people "for their own good."
I hope this police force is sued and has to pay big time damages.
yuiyoshida
(41,861 posts)She would be forced to go to a Christian Church?
Zorra
(27,670 posts)"Fifteen-hundred dollars more per day goes to the Bethany Bible Church"
And I suspect that the cops are getting a $100 cash bonus from the church for every woman they bring in to the glock.
Heywood J
(2,515 posts)MindPilot
(12,693 posts)And some, umm, titillation.
Catholic Charities' website boasts a photo of a white girl, a tear running down her cheek. Who could resist opening their wallets before such innocence destroyed? Catholic Charities offers walking tours of the sketchy parts of town. Tender-hearted folk can gawk at sex workers. These excursions are like the slum tours beloved by Victorians. Popular enough in the 1890s to be listed in guidebooks, these tours of impoverished London neighborhoods gave a philanthropic gloss to the thrill of mingling with the poor in brothels, bars, and boarding houses. Then and now, participants got the self-satisfaction of pity mixed with the frisson of proximity to vice.
This cocktail may be why sex trafficking, as opposed to trafficking in maids or construction workers or farm labor, is always a fashionable cause.
Nobody gets picked up for "manifesting construction" at the Home Depot.
stevenleser
(32,886 posts)option. And that goes for any minor crime, not just this one.
Mass detentions combined with a threat to go to church or else is a problem and almost certainly a Constitutional issue.
It certainly seems to me that this is a premeditated illegal act and that those participating know they are doing something wrong by short-circuiting the process.
ChazII
(6,206 posts)White knows the pain of a lifestyle she endured for nearly 30 years.
I was 16 when I first started, said White. I was raped several times, beaten several times.
White managed to escape the world of sex trafficking through a program she wants others to know about. Project Rose, now an annual event, is a joint effort by Phoenix Police, ASU School of Social Work and Phoenix Prosecutors Office. It offers a diversion program to those picked up in a two sting operation.
We use our own officers to go out and solicit to see if that is in fact what theyre doing. If it is, and we determine probable cause for their arrest, then we arrest them, and instead of taking them to the revolving door of jail, in, out, back on the street, we have this great program to offer to them, said Officer James Holmes of Phoenix Police.
http://www.azfamily.com/news/Project-Rose-targets-Valley-sex-trafficking-207979971.html
My question is why is ASU's School of Social Work involved? I agree with what others have said in this thread but I do like the fact that this gets the women away from their pimps. Many are victims of human trafficking. Notice I didn't say all women only many.
stevenleser
(32,886 posts)a prosecutorial plea bargain agreement or sentencing option that she wouldn't have taken it? That the only way she would have participated is via this Constitutionally questionable detention?
That is my main question, and I know the argument isn't with you so much as with the person involved.
ChazII
(6,206 posts)I have no knowledge of what she would do. I do understand that you are not arguing with me.
warrprayer
(4,734 posts)this is nuts