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watching a lot of people miss the point here, what my guy is saying is "this(restricting trans rights) is what you chose while struggling with this (actual issues)" the "you" is those who voted for the bill, some of whom, like many, could relate to the groceries situation.
he is NOT saying that the trans girl being unable to play badminton is a good thing (because he is being sarcastic!!!!)
Update! Luigi's Attorney Dickey confirms that his "outburst" where he tells the cameras that this is unjust, was because he was never read his miranda rights and was under the impression at that time that he was being denied the right to a fair trial, an attorney, or any legal representation.
He is angry and terrified in that footage because they have failed to follow basic procedure to inform him that he has any rights at all. This is a major red flag of police corruption. This is UNACCEPTABLE and further means any interrogation they did of him is unlawful, and inadmissible in court.
God I hope this is true because that alone can get this entire case thrown out. I hope the judge laughs the entire prosecution out of the court.
Judge: let me get this straight. You didn't DNA test him because New York sidewalk is too contaminated, didn't fingerprint him because you don't have usable fingerprints at the scene, you have no way of knowing he's even the right guy, no one can identify that it's him in the footage, even fbi facial recognition software can't recognize him as the cctv suspect, AND you interrogated him under duress, and that's the ONLY thing you have on him? The thing that's defacto null and void because none of you can follow even basic procedure?
When I first read this post, before I decided to dig in and try to find the sources for these claims, I intended this response to be a gentle correction of a very common misunderstanding about an aspect of the U.S. legal system.
And I’m still going to do that; we’re going to start with some general education about Miranda warnings – what they are, what they mean, and under what circumstances should you talk to the cops? (Spoiler: Don’t talk to the cops.) But let me do a quick skip to where we are going to end up, to hit the main points before a way-too-long post (and to just go ahead and let the conspiracy theorists block me in advance):
Don’t talk to the cops.
The cops have to give you the Miranda warnings before they interrogate you (ask you questions related to a criminal investigation/case) in a custodial setting (a situation where you are not free to leave.
If they don’t do that, you may be able to ask the court to prevent the prosecutor in your criminal case from using any of those statements at your criminal trial. (The judge cannot and will not do this on their own.)
Even if the court agrees with you and stops the prosecutor from using your statements, the case doesn’t just go away. The prosecutor can still use other evidence to try to convict you. This can include other statements you made.
The Supreme Court of the United States (SCOTUS) did not recently say that you no longer need to be read your rights, or that you don’t have your Miranda rights, or you only have to be read your rights under certain circumstances that are somehow different from #2 above. SCOTUS ruled in Vega v. Tekoh that if the police do not read you your rights, you cannot file a civil lawsuit (aka a lawsuit where you are asking for money) against the police. This case is a travesty against the idea of justice, rights, and the rule of law, because it makes it much harder to hold the police accountable for their misconduct. However, it does not affect the application of the Miranda rule in criminal cases.
There is literally no evidence, zero, nada, none, that Mr. Mangione “was never read his miranda rights and was under the impression at that time that he was being denied the right to a fair trial, an attorney, or any legal representation," nor that his lawyer claimed this to be the case. @saint-luigi-of-fiji just literally made this claim up. Didn’t misunderstand, didn’t make a mistake, just straight up lied.
And on that point: fuck you, @saint-luigi-of-fiji, you lying asshole. How fucking dare you. How dare you farm people’s real pain, real outrage, and instead of directing it somewhere real, somewhere meaningful - instead of giving people real information about how fucked up the criminal injustice system is for the individuals - including Mr. Mangione - caught in it, or even just keeping your fanfic to yourself and your ao3 account, you decided to fucking lie, to deliberately spread misinformation both about his case and the legal system.
Right. Okay: let’s loop back to what I originally wanted this post to be about. Looking at OP’s original posts, there are three problems with them:
There is no source, and it is not true. They do give a “source” in the reblogs, and we will fucking get to that in full, trust me. But in short: there is simply no evidence at this time that Mr. Mangione’s Miranda rights were violated, much less that he hadn’t been read them at all, or that his attorney ever made that claim. This is just a straight-up fantasy made up by OP to spread conspiracy thinking. This is why I strongly advise not reblogging posts purporting to contain real-life information unless they both have a source and you have personally checked that source. It’s hard to do consistently (I know I’ve accidentally spread misinformation before!), but this post is a really good example about why you need to do both. Especially because:
This post is spreading a common misconception about what your Miranda rights are, when they apply, and what they mean. And people in the notes are really, really confused, in a way that – speaking from experience – can do real harm.
(And disclaimer up top: This post is about U.S. law. As such, I’m going to be addressing the parts talking about the law to folks living in the U.S. None of discussion about the law here applies outside of the U.S.)
(Second disclaimer: I am an attorney, but I am not your attorney. I outline some theoretical situations below purely as illustrative examples to make some of the explanations more accessible. Every factual situation is different, the law in every jurisdiction is different. Please do not avoid getting legal advice about your specific situation because you think this post is enough - this is information, not legal advice. If you are arrested and you begin a sentence to your attorney with, “I read on tumblr…,” I will personally come and haunt your dreams.)
Let’s start with a basic question: what are your Miranda rights?
(And I know, you know what your Miranda rights are! You've seen it on TV a dozen times! They're that speech the cops give you when they arrest you!...and if you just agreed with that last statement: please keep reading. Because the cops don't need to read them to you when you are being arrested, unless they are about to start questioning you right then and there.)
This post by the ACLU has a good, simple summary of what are commonly referred to as your Miranda rights, or Miranda warning:
“The Miranda rule, which the Supreme Court recognized as a constitutional right in its 1966 decision Miranda v. Arizona, requires that suspects be informed of their Fifth and Sixth Amendment rights "prior to interrogation" if their statements are to be used against them in court.”
I think it is helpful to think of your Miranda rights as two overlapping things:
The right to be informed of your rights before being asked questions.
The substantive rights you are being informed of.
That is, you have the right:
To remain silent, because anything you say can (and likely will) be used against you in a court of law.
To the presence of an attorney during law enforcement questioning.
And if you cannot afford an attorney, one will be appointed for you prior to any questioning.
These rights derive directly from the constitution of the United States. They exist independently, regardless of whether you are told about them.
In Miranda v. Arizona, SCOTUS held, “without proper safeguards, the process of in-custody interrogation of persons suspected or accused of crime contains inherently compelling pressures which work to undermine the individual's will to resist and to compel him to speak where he would not otherwise do so freely. In order to combat these pressures and to permit a full opportunity to exercise the privilege against self-incrimination, the accused must be adequately and effectively apprised of his rights, and the exercise of those rights must be fully honored.” Miranda v. Arizona, 384 U.S. 436, 467 (1966).
Essentially, SCOTUS said, look. These rights exist on paper. But if there aren’t procedural protections in place, including and especially telling people that they have these rights, the cops can and will just steamroll over people.
And this is true. Even with Miranda, cops pressure people into false confessions.
So you also have the right to be informed that you have the right to remain silent and you have a right to an attorney before you are questioned by the police while you are in custody.
This is a good place to pause and look at the dependent clauses in that last sentence.
First: You need to be informed of your Miranda rights before you are questioned by the police. Like most rights in the U.S., your Miranda rights exist to protect you from government action. There is not a loophole where you can scream confessions to any crime you want and then when the police come to silently arrest you, they can’t do it because they didn’t read you your rights before you started talking. You always have the right to remain silent (don't talk to the cops, even before they read you your rights); before you are questioned by the police, it is up to you to exercise that right (or not).
Second: While you are in police custody. Again, to quote from Miranda, “An understanding of the nature and setting of this in-custody interrogation is essential to our decisions today.” Miranda 384 U.S., at 445. This doesn’t mean you have to be arrested, but, you do need to be "not free to leave." (This is also why you should also clarify, if you have not already been arrested, "am I free to leave." Because you can be "in custody" before you are arrested. Asking this question puts the burden on the police to either let you leave or trigger your Miranda rights.) For example, this is why if your new buddy Bob in your direct action group asks you all sorts of questions about your protest activities and plans, and then Bob turns out to be an undercover fed, your statements to Bob can be used against you in trial when the government says you were committing crimes. Bob, in fact, did not need to tell you he was a cop, and he did not need to inform you of your rights.
Finally, let’s talk about what happens if your Miranda rights are violated: either because the police didn’t read you your rights and obtain a waiver, or because they did not fully honor the execution of those rights. (For example, you said, “I am invoking my right to remain silent. I am revoking my right to an attorney,” and they locked you in to a room and badgered you with questions until you talked.)
Again, from Miranda: “Our holding will be spelled out with some specificity in the pages which follow, but, briefly stated, it is this: the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the privilege against self-incrimination.” Miranda, 384 U.S., at 444 (1966).
That is: if your Miranda rights were violated, any statement you made as a result of that violation can’t be used against you in your criminal trial. Those statements would be “suppressed,” which means the jury would not be allowed to hear that you made them.
What could this look like in practice?
Let’s say you are arrested for "possessing illegal drugs" and brought to the police station. You walk into the interrogation room, and before the police say anything, you say, "I didn’t know possessing testosterone was illegal!” (Statement 1) The officer then asks, “Where did you get the testosterone?” And you reply, “I bought it on the internet.” (Statement 2).
If I was being asked to analyze this scenario on a law school exam, I would say that Statement 2 probably couldn’t be introduced at trial. You were in custody, and your statement was in response to a direct question by a police officer, asked before you were read your Miranda warnings.
So, your attorney could file a motion, asking the court to “suppress” the statement. And, assuming the court agreed, the jury at your trial would not hear that you said you bought the testosterone on the internet.
But what about Statement 1? Your attorney could still try to suppress the statement, but there is a strong chance they would lose, because when you said you didn't know possessing testosterone was illegal, it wasn't in response any question. So technically, your rights were (probably) not violated, according to the law.
Shorter version of what this means in practice: Don’t talk to the cops! Ever! Invoke your rights and say nothing else!
This is especially true because if you read Miranda, you may have noticed this line:
“If the interrogation continues without the presence of an attorney and a statement is taken, a heavy burden rests on the government to demonstrate that the defendant knowingly and intelligently waived his privilege against self-incrimination and his right to retained or appointed counsel.” Miranda, 384 U.S., at 475.
This “heavy burden” element of Miranda has been, in my opinion, nearly completely whittled away. It is, in observed practice, normally sufficient merely for an officer to testify that of course he read the suspect his Miranda rights, and then the guy just kept talking after making some weird statement about a “lawyer dog.” And the courts will agree that yep, that’s a sufficient waiver! (For more, if you are interested, this publication by a California DA’s office is a bit old, but includes examples of a bunch of circumstances in which courts have found someone waived their rights. Don't talk to the cops. Invoke your rights and then shut the fuck up and keep shutting the fuck up.)
If you can’t tell from my tone, I think this is a horrendous miscarriage of justice that is both baked into our system and that is enacted against far too many people every day. It is something I care, very deeply, about. I think you should care too – as a citizen, because you should know what is going on in your country, what is being done to other people here; and because you may one day be on a jury – and because someday it may be done to you.
And spreading conspiracies about how unusual all this is, how this one saintly man is being targeted – this doesn’t spread awareness of the real problems with the legal system. It allows the impression that the system is otherwise working fine, justice is being done and the only people being treated this badly are the really really bad ones,* and the ones that are being targeted by Them.
*This is not be reading between the lines and extrapolating. OP literally straight up make this claim in another post. We will go into more detail on that later.
And if you want this all in a shorter and more digestible form: this tumblr post has a good breakdown, and I specifically recommend the video at the end.
Right. So. Now that you have read over a thousand words of background, read a legal decision from the 1960s, read several articles and another tumblr post, and watched a 45 minute video, let’s return to OP’s posts, and the misconception they are spreading.
We are going to put aside for the moment the lie that Mr. Mangione's lawyer said he was angry “because he was never read his miranda rights, etc.” – again, we will get back to that. The underlying idea of these posts is that because Mr. Mangione supposedly wasn’t read his rights, 1) the police didn’t follow basic procedure and 2) therefore, the entire case must get thrown out.
I hope that after reading all of the above, you understand why this is incorrect. But just in case:
The police did not need to read him his rights unless they conducted a custodial interrogation. We have no idea if they did so or not (as OP admits elswhere).
Even if his rights were violated, there is nothing “defacto null and void” about any interrogation. His attorney would have to file a motion to suppress any statements that resulted from that interrogation.
Even upon motion by his attorneys, the judge would not and could not throw out “this entire case.” If he made statements during a custodial interrogation after the police failed to advise him of his Miranda rights, his attorney could file a motion to suppress those statements, and the judge would decide if those statements could be used at trial. Other evidence could still be introduced, including other statements he may have made in other contexts. The posts gesture in the direction of this reality – (“any interrogation they did of him is unlawful, and inadmissible in court”) – but this gesturing is overwhelmed by the rest of the posts (“they have failed to follow basic procedure”; “This is a major red flag of police corruption”; “that alone can get this entire case thrown out”; “[the interrogation is] defacto null and void”).
And indeed, looking through the notes, a large number of people do have this misunderstanding. For example:
“#They quite literally have to throw your case out if they don’t read you your Mirandas”
“#any 12 year old kid can tell you that the first thing that happens whene you get arrested is your rights!”
(I generally don’t recommend taking legal advice from 12 year olds, especially since most of their experience with the criminal legal system should be coming from media. That said, unfortunately there are far too many 12 years old who do have real life experience with the criminal legal system. That is one of the many fucked up things about the criminal injustice system.)
And I care, because this misunderstanding can do real harm!
I want to return to a sentence I quoted from Miranda earlier: “In order to combat these pressures and to permit a full opportunity to exercise the privilege against self-incrimination, the accused must be adequately and effectively apprised of his rights, and the exercise of those rights must be fully honored.” Miranda, 384 U.S., at 467.
When people don’t have full information about their rights, when they misunderstand them, it makes it much less likely that they will be able to fully and effectively exercise those rights.
For example, someone may feel like it’s okay to talk to the police as long as they haven’t been charged, or their Miranda rights haven’t been read to them – because before the police use your words against you, they have to read you your Miranda rights! This may not even reach the level of a conscious thought, but exist as a general impression that your right to remain silent only matters, is only important, after the police read you your rights.
Or they may, like many people reblogging this post, think hey, wait, isn't it true that if you're arrested and the police never read you your Miranda rights, your case needs to be thrown out!? I was never read my rights, and so my case needs to be thrown out!
And then have to find out they are wrong.
(And if you don’t think that is a real harm – I can tell you, from being on the other side of that conversation as a defense attorney – yes. Yes it is. Part of why I’m being so vitriolic in this response is my knowledge that the spreading of this misinformation makes it more likely that more of those conversations will happen.)
Speaking of the notes: several people in the notes are repeating some variation of the claim that SCOTUS decided that “Miranda rights aren’t required anymore.” This is a misunderstanding of Vega v. Tekoh, 597 U.S. ___ (2022). As I stated up at the top of this post (remember the top of this post? I swear to god this was supposed to be a short response), SCOTUS ruled in Vega that if the police do not read you your rights, you cannot file a civil lawsuit (aka a lawsuit where you are asking for money) against the police. This case is a travesty against the idea of justice, rights, and the rule of law, because it makes it much harder to hold the police accountable for their misconduct.
Multiple people in the notes cited to an ACLU article about the case, including some who actually quoted the article.
And almost every single one of them misunderstood it.
This decision had zero legal effect on how failing to inform someone of their Miranda rights would impact that person’s criminal trial. It has to do with whether the person has any civil remedies.
And. I think everyone who did this honestly meant well. And I know that understanding the law is really hard – there is a reason law school takes three years and rewires your brain in the process. But. It’s in the article: “While the court’s decision does not as a formal matter reduce the police officer’s obligation to issue Miranda warnings — or what individuals in police custody should do or say (or not do and not say) — it cuts off a critical means by which people whose rights have been violated can actually vindicate the promise of those rights.” (I'm keeping the link from the original because it's a very helpful know your rights article.)
My best guess is that this misunderstanding (to the extent it’s not just people remembering poorly-reported news, or other misinformed social media posts) comes from reading the quoted bit of Kagan’s dissent, where she said, “The majority observes that defendants may still seek ‘the suppression at trial of statements obtained’ in violation of Miranda’s procedures. But sometimes, such a statement will not be suppressed.” And they thought this meant that the case means that statements wouldn’t be suppressed? But that’s just no true: Kagan is just describing a thing that sometimes happens. As in, it is the thing that literally happened to Tekoh, the guy who tried to sue the officer who violated his rights. The statements should have been suppressed, but they weren’t, and so the jury heard the statements.
And, look. There is nothing wrong with not understanding the law. Or even articles talking about the law. The problem is that you need to recognize when you might not understand something, and don’t make claims about the thing you don’t understand.
Because. Again, going back to the bit of Miranda that I keep quoting: you don’t meaningfully have a right if you don’t know about and understand that right. When you go on the internet and spread misinformation about the state of people’s rights, you, in effect, are helping perpetrate the denial of those rights.
________________________________________________
Alright.
So that is where I originally meant to end this response. But I wanted to know what OP’s source was, so I dug through the notes.
And I found this reply by OP confirming that someone else had found their source in this post.
And. Well.
I normally would give credit to someone for actually having a source. In this case, I’m not even going to credit them with this actually being their source at the time of their original post – their post begins, “Update!," but this article is from early December, and they don't mention it until someone else links to it. But this is what they are claiming as their source.
And: The article and the attached video interview don’t say what OP says they say. They just. Literally don’t say that. So why does OP claim they do? Let’s look at their post. It begins:
“Some clarification: Miranda rights are the right to know that you have access to legal representation and that any police questioning and interrogation they subject you to are optional, that you are a willing participant of any police questioning and interrogation, that you are not being forced to speak to police or otherwise being interrogated under duress, that you confirm you are not being coerced or threatened by police into providing incriminating information, and that the interrogation can be ended at any time at your request by asking to speak with the legal representation you have the right to call upon. They also detail that if you don't have a private attorney to request, they have to appoint you a public one.”
Now, this is not a terrible description of the *contents* of your Miranda rights. But as we went through above, Miranda held that you have the right to be informed of these rights, which themselves derive from the U.S. Constitution, before being questioned. In fact, the Court in Miranda specifically held, “The Fifth Amendment privilege is so fundamental to our system of constitutional rule, and the expedient of giving an adequate warning as to the availability of the privilege so simple, we will not pause to inquire in individual cases whether the defendant was aware of his rights without a warning being given.” Miranda, 384 U.S., at 468. That is, it doesn’t matter if you know your rights – you still have to be read them. (I’m nitpicking here, I know, but if you are draping yourself in expertise in order to spread misinformation, I am going to nitpick your “clarifications.”) This distinction is important, and actually OP’s next sentence is a good example as to why:
“So for Luigi to not be aware, he would have had to have not even been read those rights.”
“Not to be aware”? Not to be aware of what? Presumably that he had a right to an attorney, I guess?
But the cited article and interview just show his lawyer saying that he didn’t have legal representation until he went into court. (Again, fucked up, especially under the circumstances - but also, many of the clients I had as a Public Defender met me for the first time a few minutes before their first court hearing. Far less unusual than you would hope.) It doesn't say he wasn’t aware that he had the right to an attorney!!
I could go through the poor reasoning here, of assuming that because Mr. Mangione (supposedly) didn’t know he had a right to attorney, that means he wasn’t read his rights, when (again, even if that was true) there could be plenty of other theoretical explanations. Some much worse scenarios, in my opinion! For example, maybe he was read his rights, and asked for an attorney, and was told one wasn’t available and the thought…AND OH MY GOD WHAT AM I DOING – this goes beyond speculation! This is just fanfic! We have literally zero reason to believe any of this happened! The poor reasoning and jumping to conclusions is irrelevant because the thing you are jumping off of is literally just a fantasy you made up in your head!
“It's not clear if he has been interrogated or questioned by police, but it's likely.”
And you know it! You know you are just making stuff up!
“It does mean that if he was questioned or interrogated without being read those rights, anything he said at that time is inadmissible in court and cannot be used against him.”
This is true! It’s also fucking proof, @saint-luigi-of-fiji, that you are a fucking liar, purposefully spreading misinformation. You KNOW what the remedy for a Miranda violation is. You know, or should know, it doesn’t mean “that alone can get this entire case thrown out.”
“Luigi's attorney is explaining that Luigi is fearful and stressed in this footage and during his initial arraignment because he was somehow able to be lead to the conclusion he wasn't going to have legal representation or his own right to a fair trial whatsoever.”
That’s not what he says.
Just.
You can listen to the audio yourself. I’ve roughly transcribed the relevant portion below, but please, please check it out yourself. Don’t take my word for this either. The speaker is Mr. Mangione’s attorney:
“Yeah - that - so, first of all, about this outrage. Uh, you know, he’s irritated, agitated about what’s happening to him and what he’s being accused of. He never had any legal representation until he walked into that building yesterday. Um, and I talked to him. And if you notice - look at the film - look at the difference between when he went in and when he come out. So once he got in, he finally had legal representation. I’d like to think that he had somebody that he can trust, and has faith in. And now he has a-a-a spokesperson. Someone that’s gonna fight for him. Um. And so I think you’ll see a big difference in the demeanor. And I think that part of that - uh - whatever you want to interpret that as yesterday was a lot of the frustration of being a young man thrown in jail, uh, and being accused of very serious matters.”
[News archer speaks, asking if the attorney met Mr. Mangione after the video clip of Mr. Mangione shouting.]
“That’s correct. I...[speaking over each other]…no actually, that was in the holding area. And I was on the other side of that. So my first contact with him, visually, was before I even had the chance to speak to him, was him coming through that door, and you, you saw the interaction between he and the sheriff’s department. And – and – then, look at the, look at the video of him coming out, and look at the difference. He’s now had legal counsel. I, I was upset that he didn’t have any legal counsel prior to that. That extradition hearing came upon pretty quick. And he hadn’t talked to anybody.”
(emphasis added by me)
The claim that OP is making is specifically about why Mr. Mangione was upset. So I added, for emphasis, every time the lawyer made a claim about someone being upset, and the reason. His attorney says repeatably that Mr. Mangione was upset because he has been arrested, held in jail, and been accused of very serious matters. The lawyer also says that he, personally, is upset that Mr. Mangione did not have an attorney prior to their meeting.
There is not even a whisper of an implication of a suggestion that Mr. Mangione “was under the impression at that time that he was being denied the right to a fair trial, an attorney, or any legal representation.”
This is just a fucking lie. It isn’t in the article, it isn’t in the video, it is literally just stuff you made up, and are pretending is reality. This isn’t a misunderstanding, this isn’t a game of telephone - it’s just a lie.
YOU ARE LITERALLY STRAIGHT UP LYING. AND FOR FUCKING WHAT. Is it because you believe that the injustices of the criminal legal system are fucking fine when they apply to other people, people who aren’t “saints”? (Because actually the bad people, the really guilty people, should just be killed.) Or because you have decided to form a parasocial bond with a man experiencing some of the worst things this country does to people, making up fantasies about him, and his personal life, and how he really feels.
Other people’s real suffering is not a playground for you to write your fanfic* and pretend it is reality, especially when in doing so, you spread real misinformation and harm.
*To be upfront on my biases and clear on my objection: RPF is very much not my cup of tea, but I don’t think it is inherently immoral. My specific objection here is that this person is collapsing reality into their fanfic, specifically spreading misinformation and encouraging conspiracy theories to make reality more like their fun, consumable escapism.
And again, to be clear: OP knows they are making this up. In another post, they say, “Source is CNN, and here's daily beast reuploading the CNN interview. It might not be coming up because the words "Miranda rights" weren't used, but they are the rights that haven't been given to him if he was not at any point aware he was going to have access to attorneys or legal counsel.”
OP could try to argue they misunderstood, but again, in his interview, at no point does his attorney even suggest something that could be reasonably construed as implying “he was not at any point aware he was going to have access to attorneys or legal counsel.”
“Thankfully he now has four attorneys, including Dickey, who are defending him and you can see he is no longer having 'outbursts' out of fear.”
Point me to the time stamp in your "source" where his attorney suggests Mr. Mangione was doing anything “out of fear.”
“Whatever happened during his arrest and detainment, he wasn't given any indication of his rights. But he thankfully does have those rights, and attorneys.”
Again, this is just…fanfic. There is no other word for you. You are writing fanfic (fine) and passing it off as reality because…it matches the dramatic narrative you want? It makes your uwu hotboy a real martyr, unlike all those vicious “cannibals” who are usually charged with crimes?
And yeah. That’s really what OP thinks. From another post by this asshole: “Was then placed in solitary confinement for weeks. Something extremely damaging psychologically to be exposed to for even just a few days. Something usually reserved for cannibals.”
Fuck you.
Fuck you.
Fuck you.
Fuck you.
Fuck you.
Fuck you.
Fuck you.
Look. I actually went back and revised this post to make it less vitriolic, OP, because my goal is not to hurt you.* I hope you have no idea of the kind of harm you are causing. But my god, you are saying and doing monstrous things, and you need to fucking stop.
*I will also haunt the dreams of anyone who harasses OP. Don't even think about going into their inbox.
So just to round things out, I’ll quickly address the rest of the claims in OP’s second post above:
“You didn't DNA test him because New York sidewalk is too contaminated, didn't fingerprint him because you don't have usable fingerprints at the scene,”
According to the police, they did take his fingerprints. I don't trust statements by the police, but this is a routine part of booking, so I would be surprised if they didn’t.
I don’t know if they took his DNA. But for what it’s worth, it’s currently not legal in Pennsylvania for the police to collect routine DNA samples upon arrest. So I’m not sure what the objection is here..?
As far as I can tell, although I don’t know where OP is getting this because they don't cite a souce, this claim appears to originate from people misunderstanding the “Defendant Identification Information” section of the Pennsylvania complaint.
“you have no way of knowing he's even the right guy, no one can identify that it's him in the footage, even fbi facial recognition software can't recognize him as the cctv suspect”
Look. To give you an idea of the problems here: let’s say this is all true. All of the reasons the police have given as to why he is the person who killed that evil CEO are dismantled by his legal team.
The place to do that, in our legal system, is the trial. These are questions of fact, which are decided at trial. I don’t want to say trials are a good way of finding fact. In fact, they often result in miscarriages of justice. But in our legal system, facts are decided at trial. Even if the judge agreed with all of the above, they wouldn’t and couldn’t throw this entire case out, because that’s not how this works!
I also want to emphasize, again, that this isn’t the system targeting Mr. Mangione. There are people every day who you don’t care about (“nobodies,” to use the term OP used to refer to ordinary people who are shot in the post linked above - because literally they don’t care about anyone except their fantasy version of Mr. Mangione) who are charged, and held, and convicted, on very little evidence. Which is a grave injustice that should frustrate and incite you, not lead you to post conspiracies and misinformation.
“you interrogated him under duress, and that's the ONLY thing you have on him? The thing that's defacto null and void because none of you can follow even basic procedure?”
And we’ve gone through this exhaustively, but Jesus fucking Christ.
You l know that you’re just making the “interrogation” up. Like, yes, maybe there will be evidence in the future there was an interrogation! And maybe there will be allegations or reason to believe there was impropriety and/or illegality in that interrogation! But right now, this is just your fantasy, and you're passing it off to thousands of people as real information
And like, I agree with his defense attorney! I take claims of evidence, especially from the police, with enough salt to brine a boar! But there is a massive difference between, “I will wait for confirmation of actual evidence before I believe any claims” and just…claiming the opposite is true without evidence.
There is plenty of bullshit to talk about regarding this situation. Both in how it is being talked about by the news, and how it is proceeding (and especially in how he is being charged). But part of that bullshit is this rampant conspiracy theorizing.
If this situation leads to people recognizing the problems with the criminal injustice system, great! But:
Conspiracy thinking is bad, no matter where it is directed. And there is reason to believe that thinking conspiratorially (in general) is strongly predictive for believing in other conspiracy theories.
The impression I’m getting from many people, not just OP, is less, “it’s terrible that people accused of crimes are treated this way” and more, “the fact this [both innocent and morally good] person is being treated this way indicates that he is being specifically targeted by the System.” [Implied: it either doesn’t happen to other people, or it does happen to other people and they deserve it.]
And on that note, I do not "hope [it] is true" that Mr. Mangione’s rights were violated. Because he's a human being, not just a guy who represents something people support; their uwu hotboy; their real life blorbo.
I hope that if he did not do it, he is not convicted. Regardless of whether or not he did it, as someone who believes in prison abolition, I hope he does not have to spend one more day incarcerated. I wish all of the attention and resources being dedicated to catching and prosecuting and covering him in the media (and more) were being dedicated to doing something – anything – against the murderous for-profit healthcare system in the U.S.
And in conclusion:
Check the sources before you believe or spread a claim.
Don’t make claims about the law if you don’t really understand it.
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I'm going to preface this by saying you can write whoever you want however you want and no one is gonna stop you; heck, it likely won't even affect your likes and stuff. These are my personal peeves stemming from character portrayal <3 Characters A-D
Albedo ;; He isn't very heavily emotive; He is shown to approach almost everything from a logical/analytic standpoint!! My guy expressed concern with the most nonchalant voice, so he clearly does care, just not in an expressive/passionate way
Alhaitham ;; Similar to Albedo, but slightly more expressive! He clearly has things/people that he values, and his own ways of showing care differ from societal norms, which is why he comes across as cold and indifferent!! Even the vulnerability that comes slowly with trust isn't immediately obvious, but this is definitely something that's interesting to explore in works⎯ Would he change the way he feels comfortable expressing himself into something else for you? Would you want him to?
Aloy ;; fuck what genshin did to my girl im skipping aloy
Amber ;; One of her main personality traits is the lack of deliberation!! Even with people she really cares about and loves!! Overthinking? We don't know them
Itto ;; Let bro be silly. Let bro make mistakes. Let bro have no idea what he's doing, but know he's giving it his all no matter what⎯ This is the Arataki Way.
Arlecchino ;; Gonna be honest I know jack shit about her but everything I read sounds hot <3 I do think she isn't the type to get frazzled/embarrassed but boy oh boy you can try
Baizhu ;; bffr he would NOT let you neglect your health like... Look at the man 🤨 I don't think he's the yelling type either?? Like he'll stand up for you obviously, but wouldn't start a fight imo; He got them dangerous snake eyes and scary words fr
Barbara ;; idk i don't read minor x reader things + i don't think i've ever seen a barbara x reader ever 💀 I do think she'd be patient and caring to the point where doing anything bad would make you feel guilty asf :/ not even in a romantic way, just like⎯anything. The kind persona isn't actually an act, she's in a role where she cannot be seen as anything else but it isn't hard to be kind as she would act that way, idol or not. More of a character thought, not a fic peeve </3
Beidou ;; She would start fights for you and she'd win, we all know this. I do think that many fics don't explore her emotions to a deeper extent, like motives and such? I think there's a lot of flexibility in that, and many avenues to explore! Not a peeve either, just a thought.
Bennett ;; Minor again(?), I don't read Bennett fics aha 😭 Grasping at straws here, with such a brave face shown to everyone, taking it off to share the sadder stuff sounds hard
Candace ;; Dunno much either 💀 Nor do I see any fics about her...
Charlotte ;; Would she love and cherish you? Yes. Would she leave her job for you? No. Would she feel bad about always being busy chasing headlines? Yes! Would she only really do well with a partner who supports her career and aspirations? Yes!
Chevreuse ;; Sorry guys I don't even know her 😭
Chiori ;; Would also start fights for you, would also win; Clearly takes no shit, I imagine certain compromises would take a while to reach? Canonically fairly headstrong, I doubt she'd be a pushover with an s/o
Chongyun ;; Minor 🧍
Clorinde ;; Her showing vulnerability with you definitely means a LOT. Beyond her career and the things she does for it, I just know there's so much going on in her head :( Let my girl share, give her a safe space, be patient to eventually emotionally connect
Collei ;; Minor 🤨
Cyno ;; He does not seem like the dominant/aggressive/pushy type :( I bet there's complicated feelings between the way he acts as a General and the way he acts with a lover⎯undeniably would never want you to be scared of him. Teasing type, likely nothing worse.
Dehya ;; I haven't seen her done dirty, so I'm pretty content
Diluc ;; High-functioning man, having dealt with varying stressors over so many years I doubt anything could interrupt his work flow⎯having said that, yes that means issues with a relationship making him struggle to work would mean more; Yes, i still believe that's highly unlikely
name:
meaning of name:
nicknames/titles:
age:
gender:
location:
birthday:
strengths + example where it's shown:
weaknesses + example where it's shown:
how it affects others:
emotional depth
attachment style + how it manifests in the story:
physical fear:
emotional/abstract fear:
happy memory:
sad memory:
object of significance:
philosophical outlook/belief:
what characters are ignorant about themselves:
how confident are they:
goal:
long-term dreams:
what they're embarrassed/ashamed to tell others about:
regrets:
source of pride:
source of misery:
what they admire above all else:
do they believe in fate:
personality
mbti:
enneagram:
big five:
character archetype:
star sign:
who they pretend to be on the outside:
who they actually are/how they feel towards the mask:
mental health conditions:
how it manifests for them:
iq:
eq:
humour:
reputation:
habits
bad habits:
mannerisms when stressed:
mannerisms when content:
mannerisms when scared:
mannerisms normally:
verbal mannerisms/distinctive speaking style:
how do they move across a room:
what do they say and what remains unsaid:
how they express love:
hobbies:
appearance
defining features:
eye shape + colour:
hair texture + colour:
skin texture + tone:
vibe:
height:
build:
clothing:
any bodily disfigurement (scars, etc.):
overall attractiveness:
their opinion on their appearance:
appeals to:
relationships
who they trust most:
what they wish they could do for them:
what's holding them back:
who they hate most:
what they wish they could do to them:
what's holding them back:
relationship with the protagonist:
relationship with the antagonist:
siblings:
relationship with them:
parents/step-parents:
relationship with them:
previous broken relationships:
why did it break:
what others expect of them:
who believes in them:
their mentor character/who they look up to:
political/religious/other affiliations:
what makes them different from every other character:
non-human relationships + why:
romantic "type" + why:
relationship dynamics:
backstory/background
primary emotion towards their past:
primary feelings while in their past:
where did they grow up:
defining incidents:
earliest childhood memory:
saddest memory:
happiest memory:
major accomplishments:
their opinion on it:
notable people in their backstory:
effect on them today:
trauma:
what have they already lost:
financial circumstance:
progression
why are they important (eg. why're they the only one able to do something?):
what do they learn about themselves throughout the story:
what do they learn about the world:
how do they feel towards their newfound knowledge:
character arc (positive, negative, neutral):
how relationships change because of their actions:
what mistakes do they make:
what scene is their character highlighted:
do they get what they want:
why or why not:
what happens to them after the story ends:
✼ tags ┈ gn!reader, this is more of a vent drabble, hurt with comfort, reader with massive insecurity issues, implied past trauma, slight blood & gore in the portrayal of ‘hurt’
✼ a/n ┈ this…. got really personal, haha. i wrote this in a bad headspace, so apologies if it got depressing or if it’s of a low quality. i didn't want to have this in my drafts and i certainly don't want to bring it to 2024 so i'm just posting this now.
ᴏᴜʀ ꜰᴜʟʟ ᴍᴇɴᴜ (ᴍᴀꜱᴛᴇʀʟɪꜱᴛ) ✼ ᴍᴇᴍʙᴇʀꜱʜɪᴘ (ᴛᴀɢʟɪꜱᴛ)
“i’m sorry.”
zhongli’s heart dropped at the words escaping your lips. this was certainly the most unexpected response you could give to his confession, seeing the promising recent developments in your relationship — and so celestia forgive him, he had to pause to gather his thoughts. this made you fidget even more under his gaze, and so you succumbed to your frazzled nerves to continue in a more panicked voice.
“i’m sorry, mr. zhongli, i know you’re not the type to resort to deceit or find joy in toying with people’s feelings, but i’m just— i can’t—” you trailed off, feeling your chest tighten in pain.
“please, hold your tongue for a moment,” the refined man held out one of his hand to settle onto your shoulder comfortingly. his expression was a mixture of worry and confusion, eyebrows furrowing in a sign of distress. “are you saying that you… do not believe my words? you think i have malicious intentions?”
“….. i’m sorry, i’m just not used to- i’ve never-” you stumbled over your words and squeezed your eyes shut, “i’m sorry….”
zhongli watched you for a moment, observing the smallest ticks and the story behind your body language. you looked so vulnerable, like a scared animal instinctively cowering at some invisible threat. you looked as if someone had stripped away a bandage that had been haphazardly wrapped around a wound left unattended for so long, it had festered into an abomination, eating away at you slowly, even now.
belatedly, he realized that ‘someone’ was himself.
zhongli inhaled deeply, his palm leaving your shoulder. this time, he took his hands to tenderly grab your fingers, lifting them up to silently plead for your attention. your eyes were troubled and full of storms, the rain and lighting reflecting on your expression as a solemn flutter of your eyelashes and sorrowful downturn of your lips. the slight tremble of your body reflected the silent call for help from a blemished heart that never had the courage to forget.
“my dearest. i see the pain you have gone through. i have yet to know the tales that had marred your heart, but i want you to know that i am willing to be the pair of ears you tell your grievances to, and you can be rest assured that they will be safe with me. i know my words will not be enough to convince you otherwise at this moment… however, you must forgive my impatience, for it stems out of genuine love. i simply must humbly ask once again—”
“— please, give me a chance to heal you.”
“a-are you sure you want me?”
out of the 18 different responses he anticipated, al haitham did not expect this. however, his surprise merely manifested in the rising of both of his eyebrows and the subtle shift on his legs.
“unlike the consensus the public seemed to have one-sidedly agreed on, i am not foolish enough in the matter of romance as to confess to someone i do not hold deep affection and great care for,” he said in the same tone as the moment he asked if you would consider taking your relationship into the ‘officially dating’ phase, “is it not obvious? kaveh claimed i was ‘laying it on thick’ and cyno had noted of how i treat you better than how i treat the dendro archon.”
“oh….”
“….”
“….”
you thought you had gotten used to al haitham’s stare with how much you both had been hanging out, but right now you couldn’t seem to lift your head. the scholar crossed his arms, waiting patiently for your response. you were both gratuitous and dreading his resilience.
“i-i still think you could do better, though. i mean, look at you! you’re so fit, so wouldn’t you feel better if your partner is more of the sporty type? and you’re the top graduate of the haravatat darshan, so you would pair better with someone smarter…. a-and someone like me will just drag you down; aesthetically speaking, i… uh, leave much to be desired while you’re… you know…”
you spoke of such illogical assumptions and erroneous advices that he couldn’t help but roll his eyes. you spoke of belittling yourself as if you were used to riding on the rails of insurmountably low dip of the self-esteem cliff for years. you spoke of these things as if you were repeating words someone told you at least once in your life.
and it angered him.
but he wasn’t angry at you. he was angry for you.
funny how empathy wasn’t his strong suit, and yet he jumped on the bandwagon as easily as an otter taking off into the waters the moment it came to you and your emotions.
“i care not for such shallow qualifications when it comes to seeking a partner. your presence triggers the relevant hormones that make me feel relaxed and comfortable, and my mind spontaneously seek for your attention. it’s only logical that i seek for an arrangement that would ensure these pleasant things to happen and develop further.”
“you’re the best choice for a partner, simply because i wish to spend the rest of my life with you; and i think that's enough.”
“i don’t think i’m a good choice for you…”
wriothesley looked as if you had pinpointed his weak point in a boxing match and delivered a straight jab right onto it. his lips slacked open and his body froze as he tried to process your words, the meaning behind it, the—
he inhaled deeply and punched his own fist into his palm, stretching his jaw with a growl before a darker tone took over his voice.
“alright, who’s been talking shit? let me at them. it won’t be manslaughter if they don’t die, right?”
he watched as your nervously fiddling fingers stopped twisting around each other, your eyes widened in shock and alarm at his words. briefly, he praised himself inwardly for being able to switch your mood at the snap of his fingers. now if only he could do that, but instead of surprise-and-horror, it could turn into surprise-and-joy instead…
“what?! wait- no! no one said that, i ju—”
“then is your own head telling you that?”
“it’s—” you gulped, gaze slowly breaking away.
he sensed a secret kept safe under the heaviest chains and locks. pain that had nearly torn up that warm heart of yours, shoved into the furthest part of you in a desperate attempt to save yourself; to silence the damned screams and the river of curses that would have made you self-destruct. he saw the remains of the thousands of needles that had embedded itself deep inside your worn heart a long time ago, and yet still it beat and struggled to not bleed out and drown you in its venomous blood.
he saw a heart as scarred as his skin, and he understood.
“..… alright, sweetheart, listen up, and listen close.”
the man’s hands suddenly cradled your cheeks, his icy blue eyes penetrating your clouded gaze. his whole demeanor had shifted into gentle and loving, as if he was holding his entire world in the palms of his hands. he resisted the urge to kiss you when you couldn’t help but lean onto his touch, instinctively seeking comfort.
he would do you better. he would give you the kind of love you’ve yet to experience. there were so much he wanted to say, but he chose to speak of the reassurance he thought you needed most at this moment.
“i say you’re the perfect choice for me. let me prove it to you.”
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Gasp! Oh no. Dare come yet more writing advice burning adverbs at the stake? Vindictively, gleefully, manically dancing in the ashes?
No.
This is not about whether or not you should use them, but their frequency and obvious places to replace them. Most bad adverbs are the common ones that could be replaced by verbs we all know.
“She ran quickly” // “She sprinted”
“He said angrily” // “He snapped” “He chided” “He chastised”
vs.
“He ate voraciously”
“She swayed solemnly”
“She laughed sadly”
Bonus if you can add in some alliteration like ‘swayed solemnly’
If you can come up with an obvious verb to replace your verb + adverb combo, do so. If it would take more words or the closest applicable verb doesn’t hit the same vibe, then leave it. Adverbs should enhance the verb, not be redundant. Verbs shouldn’t be pretentious just to avoid them.
“She smiled happily” — most smiles are happy. Happily is redundant.
“He ran quickly” —a run is, by nature, quick
vs.
“She smiled sourly”
“He ran erratically”
Also!
The adverb need not always be after the verb.
“C accepted gladly” // “C gladly accepted”
But also
“Glad, C accepted”
“A shook their head resolutely” // “Resolute, A shook their head”
“The child skipped excitedly away.” // “Excited, the child skipped away.” // “The child skipped away, excited.”
English is flexible like that.
Which is what I mean with managing your adverb frequency. As most end in the -ly, too many in succession, on top of the repeat syntax of Subject - Verb - Adverb looks boring and dull (and so does beginning every sentence with the subject). It helps with your cadence and flow if you don’t have entire paragraphs at a time all starting with “He [verb]” or “She [verb]” or “They [verb].” We don't speak like this in natural conversation.
But at the end of the day, there are some juicy adverbs that have no equal without busting out the thesaurus for some obscure lexical nugget that no one would understand anyway.
i just wanted to put my two cents out there, as a South Asian:
We knew, from before anything was out, that Natlan would lack skin tone diversity at bare minimum, so it came as no surprise when these characters showed up; To preface my post, this does not make what happened and what's happening okay.
Why are people mad? Obviously, the skin tones are a big part of it. Yes, lightskinned people exist and live, etc, in these cultures- no, they do not make up 100% of them. What Hoyoverse is doing in Natlan is blatantly profiting off of poc cultures/religion in a disrespectful manner, and they have [once again] failed to acknowledge this. A really obvious example of this is the character "Ororon." I am no expert in Olorun, but as many have said, this character is meant to be based off of the deity.
This is awful- there are NO similarities, "Ororon" looks like my gacha life oc from seventh grade, and the disrespect towards the Yoruba people is insane.
As a twitter user whose tag I forgot mentioned, the majority of the Natlan Characters shown so far have been lighter than Lois Griffin [Family Guy].
Onto the boycott itself- If you are going to boycott Genshin, I recommend also boycotting other Hoyoverse games- being f2p isn't hard either, if you do not want to stop playing completely.
Additionally, I will link a petition to the bottom of this post, as well as some other things you can do to protest this.
I do wish I could have seen more of my and my family's culture in Sumeru, and that this backlash could have also occurred there, but in my honest opinion they did worse with Natlan and I'm glad we as a community are choosing to do something about it.
As a closing piece, I would like to point out the frequency of darker skintones in npcs, specifically enemies; The aggressive POC stereotype is both harmful and obviously incorrect, and people like me do not exist just to be placed constantly in secondary/antagonistic roles. Thanks.
Twitter posts about sending a feedback email [and template]: https://x.com/alsoknownasaki/status/1542216133734010881
Update bc I did not research ahead of this like a loser: Sumeru is not any better than Natlan actually!!!! Found out Nahida/Kusanali is likely based off of the Persian goddess Nahid and/or the Hindu goddess Saraswati! Sorry 😭
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