Category: crime and punishment

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Common Sense crime and punishment general freedom ideological culture media and media people U.S. Constitution

The Mobs Attacked and Defended

Portland, riots, protests, Ted Wheeler

It’s “mobocracy” — the riots in major cities around the nation, but especially in Portland, Oregon, where the president sent federal agents. Local police had stood back for weeks as Democratic politicians — such as Joe Biden — referred to the rioters as “peaceful protesters.” Even as the mobs lit fires in the streets, defaced property, and attempted to break into government buildings.

Buck Sexton, writing at The Hill, makes the obvious linkage between the “anarchists” and the “Democratic” Party. 

But Sexton doesn’t really answer the key questions: “Why are anarchists terrorizing Portland? What was the real purpose of the Seattle ‘Capital Hill Autonomous Zone’? Why were ‘Occupy City Hall’ protesters allowed to fight with police in lower Manhattan for a month, until officers cleared out their encampment on Wednesday?” Sexton rejects the official reasons give by the movements’ apparent leaders, but doesn’t go very far beyond Democratic Party attempts to leverage the riots.

Which may at least offer amusement. “The reason I am here tonight is to stand with you,” Portland Mayor Ted Wheeler assured the mob as he put on goggles. “So if they’re launching the tear gas against you, they’re launching the tear gas against me.” But that same night, his security detail “scuffled” with “protesters” and his own police department threatened to use tear gas and impact weapons on the incendiary horde.

Is this really about legitimate protest, as Biden insists?

Fighting federal fascism, as Democrats and many others insist?

Americans are all-​in for criminal justice reform and the right to protest. Many, me included, have peacefully taken to the streets in recent weeks.

But there is nothing peaceful about assault, arson, property destruction.

And Democrats who aim to use the fracas to beat Trump in November may find that ‘playing with fire’ … burns. 

This is Common Sense. I’m Paul Jacob.

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crime and punishment insider corruption national politics & policies

The Thick Blue Line

crime, criminal justice, Congress

In Minnesota — Land of 10,000 Lakes and a startling number of police killings of unarmed, innocent citizens, including George Floyd — the state legislature has “passed the most expansive criminal justice reforms in the state’s history.”

Though acknowledged as merely a start, it is good news. As are the banning in many major departments of neck restraints, and the kibosh placed on chokeholds in the nation’s capital.

Yet Eric Gardner died back in 2014 when placed in a chokehold by New York City police. Nevertheless, there is still no NYC ordinance against it. Numerous other cities also lack any such rule or law.

Why the glacial slowness?

It isn’t for lack of popular support. According to Cato Institute’s newly-​released poll, 63 percent favor ending qualified immunity for police. 

So what is it? It’s no mystery; we do not need a blue ribbon investigative effort.

The Washington Post reports that reform-​minded police chiefs and city officials “have repeatedly … run headlong into two formidable and interconnected forces: veteran officers who resist these efforts and the powerful unions fighting discipline.”

That second factor is key. Police unions are “powerful,” in part, because their political endorsement at election time means more to elected officials than the reform-​minded opinions of mere citizens. 

So when you learn that, at the federal level, Democrats recently killed all prospects for criminal justice reform this year, you will not find yourself flummoxed.

Sadly, this festering dysfunction in our representative system corrupts our justice system.

And deaths result.

This is Common Sense. I’m Paul Jacob.

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crime and punishment Fourth Amendment rights

Cops vs. Mobs, Tyranny vs. Law?

Portland, riots, protests

“He was stuffed into what may have been a rental van operated by unmarked federal agents,” explained Cato Institute’s Patrick Eddington, “and taken to the federal courthouse, where he was interrogated without counsel. He wisely refused to answer questions and was then subsequently released without any kind of charges being filed.”

Eddington concluded: “I think most people would call that kidnapping.” 

The “he” — detained and questioned by federal agents* in Portland, Oregon — is Mark Pettibone. Whether the van was rented is irrelevant, nor do these agents or their vehicles require any marking.

And criminal suspects can lawfully be held for questioning. 

“So that we understand how police may remove someone from the streets,” Cato Daily Podcast host Caleb Brown adroitly offered, “we understand that they need to identify themselves.… that people who are placed under arrest retain certain rights to communicate with the outside world, to assert their ability to have a lawyer present for questioning.

“It seems that perhaps,” added Brown, “asking for a lawyer was the trigger here” resulting in Mr. Pettibone’s release.

Eddington agreed, but then announced that it “really does have the feel of Argentina or Chile in the 1970s, with the disappearances that took place. The only thing lacking was Mr. Pettibone being murdered by those agents.”

That is one big “only”!

“This is being done essentially to try to suppress protests in this country,” argued Eddington. “It has nothing to actually do with protecting monuments.” 

“We’re talking only about violent rioters,” Homeland Security Deputy Secretary Ken Cuccinelli told NPR. “We’re not talking about actual protesters. We’re not seeking to interfere at all with anyone peacefully expressing themselves — period, full stop.”

Following the rule of law means protecting peaceful protests. And welcoming an investigation into the federal role in Portland. More concerning than Mr. Pettibone’s detention is the continued use of so-​called non-​lethal weapons, which seriously injured a protester weeks ago.

But the rule of law also means protecting Portlanders and their property against violence and destruction. And welcoming an investigation into the state and local dereliction of duty in Portland. 

This is Common Sense. I’m Paul Jacob.

* The Department of Homeland Security acknowledged that agents with the CBP (Customs and Border Protection) were “cross designated to support FPS” (the Federal Protection Service) in Portland “because of the demand for more manpower in light of the violence.”

Note: Walter Olson, a senior fellow at The Cato Institute’s Robert A. Levy Center for Constitutional Studies and founder of the blog, Over​lawyered​.com, details what we know about the Portland controversy. 

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crime and punishment national politics & policies property rights

Dereliction of Duty

police, riot, law, protection,

Must governments act to protect you when you or your property are attacked — for example, by rioters who vandalize and burn your store? 

Is the government liable if it willfully lets it happen?

Protection of life and property is the moral obligation of governments constituted for this purpose. But whether officials who ignore the obligation can be held to account is another question.

A Madison Avenue shop, Domus Design Center, is suing the mayor of New York City and the governor of New York State. In late May and early June, hundreds of businesses were damaged by rioters while Mayor de Blasio and Governor Cuomo refused to act to oppose them.

“Where are our tax dollars going?” asks the Center’s attorney, Sal Strazzullo. “Not protecting commercial properties is negligence of duty. Paying taxes that help pay the salary of the NYPD, we expect protection in return. Government is responsible to protect its citizens and businesses against criminals who want to do bad.”

Yes. 

But Strazzullo’s client faces the precedents of rulings in cases like Warren v. District of Columbia, Castle Rock v. Gonzales, and a lawsuit by Parkland, Florida students against the local sheriff’s office. In these cases, plaintiffs argued that law enforcers had a positive duty to protect the plaintiffs when they were being clearly threatened. 

The courts disagreed.

We must hope that there are limits to the willingness and ability of judges to avert their gaze. Otherwise, we are paying everyone in the system to look the other way when trouble comes.

This is Common Sense. I’m Paul Jacob.

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Photo by Georgia National Guard

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crime and punishment general freedom too much government

Unfriending the Police?

police brutality, racism, criminal justice reform, drug war,

Defund the police?

First, take a moment to celebrate those on the American Left who have finally — miraculously — stumbled onto something they actually want the government to spend less money on. 

Second, consider policing expert and Washington Post columnist Radley Balko’s amply backed-​up contention that “the evidence of racial bias in our criminal justice system” is “overwhelming.” 

Nonetheless, Mr. Balko notes that “lots of white people are wrongly accused, arrested and convicted” and “treated unfairly, beaten and unjustifiably shot and killed by police officers. White people too are harmed by policies such as mandatory minimums, asset forfeiture, and abuse of police, prosecutorial and judicial power.”

Even if police violence is “more of a problem for African Americans,” posits David Bernstein at Reason, “it’s not solely a problem for African Americans. Eliminating racism, in short, would still leave the U.S. with far more deaths from police shootings than seems reasonable.”

This is not an argument to ignore racism, but in favor of making effective changes in policy and law.

Maybe the solution to our police violence problems is not defunding departments, in a vast unfriending campaign, but to let up on some of their burdens, require them to do less. De-task.

For starters? Defund the War on Drugs! 

Drug prohibition has been a criminal justice disaster — filling our jails with victimless criminals whose problem is drug addiction. In a myriad of ways, the drug war has spawned greater police corruption and introduced more intrusive and dangerous policing.

Let’s have a frank conversation about … making practical changes to our criminal justice system.

This is Common Sense. I’m Paul Jacob.

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Police Incentives Matter

criminal justice reform, incentives, law, police, money,

“For every bullet the German police fired on duty in 2016, American police killed 10 people,” writes Jason Brennan for MarketWatch. “Even overwhelmingly white states like Wyoming and Montana imprison citizens at higher rates than authoritarian Cuba.”

What is going on here?

And by here I mean “these United States of America.”

Well, Brennan, who is the Robert J and Elizabeth Flanagan Family Professor of Strategy, Economics, Ethics, and Public Policy at Georgetown University’s McDonough School of Business, has an answer.

“What matters even more than black and white is green,” he writes, referencing the current protests and riots sparked by coverage of the George Floyd killing by Minneapolis police. “Fixing our criminal justice system means fixing the incentives.”

Professor Brennan points the finger at a number of federal programs:

  • The 1981 Military Cooperation with Law Enforcement Act “authorized and incentivized the U.S. armed forces to train police in military tactics” while the 1990 National Defense Authorization Act established a pipeline from the military industrial complex to local police forces.
  • The drug war set up police theft of private property via civil asset forfeiture, and encouraged federal drug warriors to share the loot with local police departments.
  • In many localities, direct election of prosecutors leads to campaign boasts about prosecution stats and long sentences, even when these policies make us less safe.

There’s a lot here to mull over, and you may not agree with everything Brennan argues, but the basic point is quite clear: “Even if we magically erased all racism overnight, the U.S. would still be harsh and violent” — and that because our politics has skewed incentives all wrong.

Getting rid of programs and laws that disincentivize good policing is a must.

This is Common Sense. I’m Paul Jacob.

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