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crime and punishment general freedom media and media people moral hazard

Porn, Video Games and British Crime

British freedom is eroding. The attack comes from two directions.

First, there is the over-bearing police-state style, surveillance-everywhere government.

Second, there is the increasing violence.

Thing is, the justification for Britain’s mass surveillance, as well as for strict gun controls, was to prevent crime.

Oops.

So of course the Labour Party “shadow home secretary” Diane Abbott points an accusatory finger at porn and video games. These two influences may be “desensitising young people to vicious behaviour.”

Well, porn and video games are changing our cultures, on both sides of the pond. But in America, at least, the crime rate for the past two decades plumetted while video games and Internet porn have become ubiquitous, explicit and . . . admittedly, appalling.

Look elsewhere for the crime uptick.

The Brexit fiasco, with the Tory government messing up implementation of the 2016 referendum results, has surely increased, not decreased, tensions all around, as has immigration policy, the collapsing National Health system, and much more. But worst of all? The nanny state, treating citizens as childish subjects. The police arrest people for nothing more than saying mean or just edgy things online. 

If people cannot be free legally, they will take license — illegally. 

Previously, we heard about a rash of acid attacks: acid thrown in the faces of pedestrians. More recently, the headlines are about stabbings — after years of knife control, of government crackdowns on even kitchen knives.

Ms. Abbott places the primary blame for rising crime not on the above, however, but on poverty and malfunctioning education. Not mentioned? The possibility that taking away British citizens’ rights of self-defense may have the perverse (unintended?) consequence of increasing offensive violence.

This is Common Sense. I’m Paul Jacob.


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crime and punishment Popular property rights

Of Loot and Leverage

Without a special kicker, why should police bother to do their jobs?  

The subject is civil asset forfeiture. This legal procedure makes it easy to take property from criminals. For the War on Drugs, civil forfeiture was so loosened as to allow police to take property from anyone . . . without due process.

No wonder citizens in a number of states have demanded limits upon the practice. 

But since police departments get to keep the loot they “interdict” — spending it on better cars, weapons, office furniture, plush employee lounges, drug-sniffing dogs — law enforcement personnel aren’t exactly always on board with citizens’ concerns.

Jarrod Bruder, South Carolina Sheriff’s Association executive director, defends the sorry practice, as quoted by Greenville News. He asks what, sans civil forfeiture’s profit motive, could be a cop’s “incentive to go out and make a special effort?” 

Dollars to donuts, this will not play well with those who distrust the police already. 

And note the biggest incentive police face: to take property away from innocent people. Easier pickin’s. No surprise, then, that in “19 percent of cases, there is no criminal arrest.”*

Meanwhile, Senator Ted Cruz (R-Tex.) has suggested that President Trump take the confiscated billions from the accounts of drug kingpin El Chapo to “build the Wall.”

Genius? 

Regardless, this mere suggestion could add incentives for pro-Wall Republicans to go soft on civil asset forfeiture.

There is no point in being secure within our borders if we are not secure within our homes and wallets and cars and . . . any other place jeopardized by this police-state practice.

This is Common Sense. I’m Paul Jacob.


*Blacks represent 71 percent of cases, while only 28 percent of the state population.

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Photo Credit: Chase Carter on Flickr

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crime and punishment Second Amendment rights U.S. Constitution

Resisting Registration

Jon Caldara won’t register his guns. He also won’t remain silent about his refusal.

He has lots of company in Boulder, Colorado, with respect to the former, if not the latter, form of resistance — his unwillingness to compromise his right to bear arms.

The town recently began requiring owners of “assault weapons” to either ditch them or register them with the Boulder police. Owners choosing registration must submit to background checks “to ensure that the weapon holder is legally able to be in possession of the firearm.” If you pass, you get certificates acknowledging rightful ownership.

But if you lose the certificates, apparently you lose your ownership rights.

The city defines an “assault weapon” as a “semi-automatic center-fire rifle” or a “semi-automatic center-fire pistol” with various characteristics. In short, the target is “ugly guns,” as foes of gun control sometimes put it. (“Non-assault” weapon: papier-mâché weapon.)

Many Boulder citizens are quietly refusing to comply with the mandates. They “see this as a registry,” according to Lesley Hollywood, executive director of Rally for Our Rights.

Caldara, head of the Independence Institute, is speaking out despite the risk. Why? Because “somebody has to. . . . In this town that spouts tolerance for alternative lifestyles . . . when it comes to a lifestyle they don’t like, there is no tolerance . . . Tolerance means tolerating things you dislike, that you find scary.”

This idea goes even deeper than tolerance, though. It’s about “freedom” and “rights.” 

There is nothing frightening about Mr. Caldara’s unregistered guns, but much to fear from Boulder officials assaulting his rights.

This is Common Sense. I’m Paul Jacob.


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Categories
crime and punishment general freedom judiciary property rights

Property Rights vs. Absentee Frogs

When an assault on individual rights achieves a certain depth of irrationality, the Supreme Court is capable of common sense. Even unanimous common sense.

The 8-0 ruling in Weyerhaeuser v. U.S. Fish and Wildlife Service pertains to the desire of the U.S. Fish and Wildlife Service to designate over 1500 acres of Louisiana land a “critical habitat” of the dusky gopher frog. The designation means that owners may not develop the land that they own in even the simplest ways without consulting with/begging permission from bureaucrats.

If a property owner has an actual right to his own property, the government cannot properly commandeer even one square inch of it to appease Lithobates sevosus. Give the creature a YouTube video and leave it at that.

But sevosus doesn’t even inhabit the so-called “critical habitat.”

The frog is not on the property!

This fact enabled Chief Justice John Roberts (not always clear on the meaning of words) the chance to emphasize that words have meaning. “According to the ordinary understanding of how adjectives work, ‘critical habitat’ must also be ‘habitat,’” Roberts clarified. “Only the ‘habitat’ of the endangered species is eligible for designation as critical habitat.”

Concurring, pundit George Will says that the decision represents “a recuperative moment for the court” and delivers “a chastisement of the administrative state, the government’s fourth branch, which is one too many.”

Is this ruling as thoroughgoing as it should be? No. Nevertheless, the decision is surely a victory for minimal common sense. Of which we could use more.

And more, also, of maximal common sense.

I’m Paul Jacob.

 


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Photo credit: US Department of Agriculture


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Categories
crime and punishment moral hazard responsibility

Reforming Crime, Not Criminals?

“The D.C. Council gave final approval this week to a measure decriminalizing Metro fare evasion,” The Washington Post reports, “paving the way for fare-jumping to become a civil offense punishable by a $50 fine in the District.”

Talk about stopping crime “in its tracks.” Jumping the turnstile won’t be classified a “crime.” Problem solved.

Nassim Moshiree, policy director for the local ACLU, declared it “a significant victory for criminal justice reform here in the District.”

Jack Evans argued, unsuccessfully, that scofflaws will quickly figure out the “civil citation . . . is largely unenforceable.” He added, “We have a big problem with fare evasion at Metro.”

Non-paying riders cost the bus and subway system in the nation’s capital $25 million annually. The worst bus route “has had 560,000 incidents of fare evasion since January, nearly 37 percent of its 1.5 million trips,” informs the Post.

Metro officials complained “that lessening the penalties would only exacerbate the problem and lead to more crime,” but supporters of the change posited that “decriminalization was an important step toward addressing disproportionate policing of African Americans who use the transit system.”

In recent years, according to a Washington Lawyers’ Committee for Civil Rights and Urban Affairs report, “91 percent of Metro Transit Police citations and summons for fare evasion were issued to African Americans.”

“I’m sad that’s Metro’s losing money,” offered Councilmember Robert White Jr., “but I’m more sad about what’s happening to black people.”*

Penalties can be too severe or too severely applied. And enforcement can be racially biased. But stealing transportation services is a crime. Pretending otherwise is not a victory.

This is Common Sense. I’m Paul Jacob.

 


* Is “that’s” a typo? Did the councilmember say, “that”? All I know is the quotation as I have it here is exactly as it appears online, in both text and headline, and also as it appeared in the dead-tree edition delivered to my home.

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Categories
crime and punishment First Amendment rights general freedom ideological culture

Riddle Us That

“Riddle me this,” William Rainford tweeted during the big national #MeToo civil war over the Senate’s confirmation of Supreme Court Justice Brett Kavanaugh. “Why would the accuser of Kavanaugh take a polygraph, paid for by someone else and administered by private investigator in early August, if she wanted to remain anonymous and had no intention of reporting the alleged assault?”

Dr. Rainford, Dean of the National Catholic School of Social Service at the Catholic University of America, was on a roll.

“Swetnick is 55 y/o. Kavanaugh is 52 y/o,” began a now-removed tweet about another accuser. “Since when do senior girls hang with freshmen boys? If it happened when Kavanaugh was a senior, Swetnick was an adult drinking with&by her admission, having sex with underage boys. In another universe, he would be victim & she the perp!”

Interesting questions. But for students at his university, enraging. Some were angered enough to walk out of class and demand his resignation.

Rainford was suspended and last week resigned as Dean.

Back in September, Will Rainford profusely expressed his contrition in a Cultural Revolution-style statement: “My tweet suggested that [Julie Swetnick] was not a victim of sexual assault. I offer no excuse. It was impulsive and thoughtless and I apologize.”

Strange, then, that media coverage of this case fails to even mention that Swetnick and her attorney, Michael Avenatti, have now been referred to the Department of Justice for possible prosecution for making allegedly false statements to Congress.

Swetnick and Avenatti can, however, expect to receive better treatment than an administrator in an establishment of higher education who dares ask unpopular questions that trigger progressives.

This is Common Sense. I’m Paul Jacob.

 


N.B. This edition of Common Sense is condensed from last weekend’s Townhall column by Paul Jacob.

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Categories
crime and punishment media and media people Popular

What’s Up With Hate?

Reported hate crimes are up.

Last year, you may remember, major media outlets noted an alarming pattern, quoting the work of a “nonpartisan researcher” who seemed more intent on linking Donald Trump to the perceived trend than anything else.

This year’s increase?

Well, the most recent FBI report shows hate crimes for 2017 up a whopping 17 percent!

Sounds alarming.

But is it? I mean, really?

Maybe. CNN offers a fascinating investigation of several rather big-story hate crimes that did not make it into the statistics. Yes, disturbing.

But what did CNN not report?

YouTuber Matt Christiansen drilled down, focusing on several aspects of the FBI report that are missing from accounts brought to us by major news outlets.

The uptick in sheer numbers of hate crimes may be mostly the result of the increased number of law enforcement agencies that have been brought into the data-collecting project. How many new agencies? One thousand.*

And consider the demographics changes year-to-year as well. Religious-based crimes saw a small increase in the number of anti-Jewish events and a similar decrease in anti-Muslim ones. All in all, notes Christiansen, there has been little change in the proportions of the statistical categories — which would not be what one would expect if Trump were the Malign Influence.

Also bad for that narrative? The biggest detectable change in the distribution of race-based crimes — more than twice the increase in numbers of crimes against Hispanics — was against (get ready for it) whites.

This is Common Sense. I’m Paul Jacob.

 


* That is from the FBI press release; oddly, I did not find that statement when looking directly at the report.

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crime and punishment ideological culture

Normal & Not

“Most people are not lunatics,” Tucker Carlson reminded viewers last night on his Fox News program, adding that “normal people don’t like this.”

By “this,” the conservative television host meant what can only be described as an attack on his home by Smash Racism DC, an Antifa-like group comprised of people who are not normal.

Carlson wasn’t home Wednesday night, nor were his four young children, thank goodness, but his poor wife was. After hearing shouting and a man throwing himself into their front door so hard that he cracked it, she locked herself in a pantry and called 911.

“But it wasn’t a home invasion,” The Washington Post reported. “It was a protest.”

“What are they protesting?” asked Mr. Carlson. “They’re not trying to change my mind. They’re trying to threaten my family to get me to stop talking.”

The Carlson’s home and cars were vandalized by the mob of about 20 hoodlums. There were also chants of “Racist scumbag, leave town!” and “Tucker Carlson, we will fight! We know where you sleep at night!”

“Mail bomb,” one man shouted. And, of course, they doxxed Tucker Carlson by publishing his home address for the possible benefit of the next James Hodgkinson or any mail-bomber.

Instead of focusing on the political divide or the fear of further violence, a vacationing Tucker Carlson called in to his show last night to express gratitude . . . for an outpouring of concern, support, solidarity from across the political and media spectrum, expressing that it has “actually been really nice and affirming.”

Enough normal goodness remains in America, spread throughout the political spectrum, to unite us . . . at least against such behavior.

This is Common Sense. I’m Paul Jacob.

 


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Categories
crime and punishment Tenth Amendment federalism

Atrocity Meets the Commerce Clause

There may be no better example of an evil, real-world villain needing to get justice (good and hard) than the Pittsburgh synagogue shooter. 

Since he survived the shoot-out, he must now be put on trial.

But by whom?

In Allegheny County Court, Pittsburgh police filed a 34-count criminal complaint against the mass murderer. Meanwhile, the federal government has filed its own charges.

“The federal criminal complaint . . . charges him with 29 felonies, including 11 violations of 18 USC 247, which authorizes the death penalty for fatally obstructing any person’s ‘free exercise of religious beliefs,’” summarizes Jacob Sullum at Reason. “Such a crime can be prosecuted in federal court as long as it ‘is in or affects interstate or foreign commerce.’”

Yes, that’s the Constitution’s Commerce Clause being cited. You see, the guns used were — get this — not made in Pennsylvania.

Call it the insanity clause.

“There is no general, overarching federal police power,” Andrew C. McCarthy explains in National Review. “Under the Constitution, the states were supposed to handle virtually all law enforcement, and certainly all enforcement involving offenses committed wholly within their territories — common crimes of violence.”

Why flout this principle? Historian Brion McClanahan says the Republicans, in this case, just cannot help themselves — posing as the “law and order” party, they feel the need to be seen to “do something.” So Attorney General Jeff Sessions tortures the Constitution to intervene where the federal government does not belong.

Not only is the State of Pennsylvania constitutionally authorized to handle the Pittsburgh synagogue massacre, it is more than competent to do so.

The federal government should, for once, stick to its own constitutional business.

This is Common Sense. I’m Paul Jacob.

 


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Categories
crime and punishment general freedom insider corruption

The Ayatollah for Governor?

Former Oklahoma Attorney General Drew Edmondson is running for governor.

Again.

You may recall, as I certainly do, that Mr. Edmondson prosecuted — more like persecuted — me and two others involved in a 2005 petition drive. He charged us with “conspiracy to defraud the state,” a felony carrying a 10-year prison term.

At our arraignment and processing, the three of us were shackled together with handcuffs and leg-irons and paraded before TV cameras.

“Has North Korea Annexed Oklahoma?” was how a Forbes magazine editorial greeted the spectacle. The conservative Wall Street Journal connected the Sooner State to the kind of repression practiced in Pakistan, while liberal consumer advocate Ralph Nader also condemned the prosecution. New Jersey Star Ledger columnist Paul Mulshine noted that Russia’s Vladimir Putin “could learn a thing or two from the Oklahoma boys.”

We became the Oklahoma 3. The AG earned the label “Ayatollah Edmondson.”

Loudly expressing our innocence, we waited for our day in court.

It was a long wait.

Edmondson held the indictment over our heads for a year and a half, publicly attacking us and calling us criminals. But he never permitted us our day in court. He went to great lengths to avoid completing a preliminary hearing, which would have allowed a judge to determine if enough evidence existed to hold a trial.

Finally, in 2009, as he prepared to launch his previous unsuccessful run for governor, he dropped all the charges.

When someone abuses power so recklessly, that someone shouldn’t be given more power.

Today, career politician Drew Edmondson tells voters he will “Put Oklahomans First.” He can’t even come up with his own slogan.

Ayatollah Edmondson: Dangerous. And unoriginal.

This is Common Sense. I’m Paul Jacob.

 

 


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Additional Information

Capitol Beat: In critical analysis, Edmondson ranked among worst attorneys general
CEI: Drew Edmondson’s Prosecution of Paul Jacob Is Unconstitutional
Wall Street Journal: Still Oklahoma’s Most Wanted – Attorney General leads posse chasing critics of government
NewsOK: State’s Unjust Prosecution 
Capitol Beat: Edmondson should free “The Oklahoma Three”

My Writing on Edmondson’s Attack on Petition Rights

We, the Oklahoma 3 — Oct. 7, 2007
Guilt & Innocence in Oklahoma — Jan. 21, 2008
Constitutionally Unsuited for the Job — Feb. 13, 2008
Above the Law — March 14, 2008
Opposed to Answers — April 28, 2008
Edmondson vs. Term Limits — May 20, 2008
Another OK Court Decision — June 4, 2008
Petitioners May Petition — July 8, 2008
Scare Tactic in Oklahoma — July 23, 2008
Feeling Sorry for Oklahoma — Nov. 17, 2008
The Wheels of Injustice — Dec. 4, 2008
The Oklahoma Three, Free at Last — Jan. 26, 2009
The Year of Reform? — Feb. 18, 2009
The Untold Story of the Oklahoma 3 — May 1, 2009
Change Sweeping Down the Plains — May 19, 2009