Category: crime and punishment

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Accountability crime and punishment general freedom government transparency moral hazard national politics & policies privacy property rights too much government U.S. Constitution

Thwarting Cops Who Are Robbers

asset forfeiture, corruption, police, traffic, theft, robbery, traffic stop

“Carrying cash is not a crime,” Institute for Justice attorney Dan Alban informs us, “yet too often the government treats it like one.”

Musician Phil Parhamovich learned that the hard way. He was porting his life savings, almost $92,000 — earmarked for a down payment on a recording studio — when cop-robbers of the Wyoming Highway Patrol stopped him for not wearing a seat belt.

It turned out to be an extremely expensive infraction. The officers intimated that it was illegal to travel with so much cash and pressured him to hand it over. Scared and believing that his alternative was jail, Phil signed a preprinted waiver letting them grab his life savings.

Preprinted waiver? This means it’s routine for these guys to try to legitimate their actions as they premeditatedly intimidate and rob people.

The state of Wyoming tried to keep the money. Fortunately, the Institute for Justice took Phil’s case, and a judge accepted the facts presented by Phil and his IJ lawyer. After months of tribulation and suspense, the robbery victim got his money back.

Another win for the good guys.

Thankfully, the Institute for Justice’s freedom-defenders have won a great number of such cases. Yet, IJ lawyers certainly cannot litigate all the forfeiture injustices being committed by government  authorities all across the country.

That’s why the group is pushing to reform civil asset forfeiture laws, requiring a criminal conviction before property can be forfeited. 

And you can help. How? Launch efforts in your town or state, or work to push infant efforts to a higher level. Take the initiative. 

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment general freedom ideological culture media and media people moral hazard nannyism national politics & policies responsibility Second Amendment rights too much government U.S. Constitution

Killer Inlaudabilis

Florida, school, shooter, shooting, mass killing, name, guns, gun control

On the day that Alexander the Great was born, or so the ancients tell us, a man named Herostratus burned down one of the Seven Wonders of the World, the Temple of Artemis at Ephesus.

Why? Just for the infamy.

Which is why the Ephesians proscribed mention of the man’s name. That is called a damnatio.* Obviously, that damnatio didn’t stick, for we know his name now. How? Historian Theopompus recorded it for our . . . edification? Vilification?

I say we should follow Ephesian example and not mention by name the recent Florida school shooter/murderer of students. There should be a widespread damnatio in the press and blogosphere against the young man. Let’s not to give him his infamy, and not encourage copycats — nor in any way normalize his horrible act.

Is this a “solution” to the problem of school shootings? Probably not. But there may be none — at least nothing sure-fire.

Yes, a non-blundering FBI might’ve helped.** But virtue-signaling/grandstanding calls for unnamed gun control measures won’t. And treating “mental health” issues more “professionally,” particularly by easing up involuntary commitment law, is probably a recipe for putting away innocent and unpopular people.

“Pre-crime” is itself criminal.

So, what to do? Maybe it is this: “Notice those around you who seem isolated, and engage them,” as Robert Myers advises. It is loneliness, he argues, that “causes these shooters to lash out. People with solid connections to other people don’t indiscriminately fire guns at strangers.”

But that’s not an after-the-fact solution.

This is Common Sense. I’m Paul Jacob.

 

* FYI, the arsonist’s status as an unspeakable person was called inlaudabilis.

** As if to fit an established pattern, the FBI failed to take seriously enough an early citizen-initiated alert regarding the young man who went on to commit the mass shooting. Prophecy is a tough biz; it is no doubt easier to connect the dots looking back after the fact.

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crime and punishment folly general freedom local leaders moral hazard nannyism privacy responsibility too much government

The Winds of Regulation

occupational, licensing, permission, unions, protectionism, regulation, license, law

Among the many goofy occupational licensing laws in these United States, Arizona’s licensing for professional blow-drying services is up there with the silliest. 

“Under current law, using a blow-dryer on someone else’s hair, for money, requires more than 1,000 hours of training and an expensive state-issued license,” we learn at Reason. “Blow-drying hair without a license could — incredibly — land you in jail for up to six months.”

This came into the news because of a campaign to deregulate the cosmetology industry — just a bit, anyway. Gov. Doug Ducey, in his recent State of the State address, “mocked the state agency that licenses stylists, barbers, nail technicians and affiliated professionals in Arizona, and endorsed legislation to remove training requirements for those who simply wash, brush and blow-dry customers’ hair.”

Licensed cosmetologists — well, at least some organized ones — have gone into a tizzy.

Hardly surprising, since occupational licensing, though usually argued for on consumer safety grounds, rarely finds consumers clamoring for it. 

It’s groups of established businesses, professionals.*

Brandy Wells, the sole non-cosmetologist on the state board overseeing the regulation of the industry, supports the liberalizing bill. So of course she has been called every name in the book. But even she was amused by one stylish denigration: “your logic on deregulation of cosmetology is much like your hair, dull and flat.”

The issue may seem trivial, with not all that much on the line — though jobs are . . . and freedom is. 

But it doesn’t lack for hot air.

This is Common Sense. I’m Paul Jacob.

 

* As Adam Smith argued, whenever businessmen (“dealers”) in the same industry group together, their proposals should be listened to “with great precaution.”

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Accountability crime and punishment folly government transparency ideological culture media and media people national politics & policies U.S. Constitution

Defiance?

Washington Post, lap dog, lapdog, Department of Justice, FBI, crime, accountability

“Once the party of law and order,” screamed the Washington Post’s top-of-the-front-page Sunday headline, “Republicans are now challenging it.”

The story’s lede: “Republican leaders’ open defiance last week of the FBI over the release of a hotly disputed memo revealed how the GOP, which has long positioned itself as the party of law and order, has become an adversary of federal law enforcement as the party continues its quest to protect President Trump from the Russia investigation.”

Huh?

Defiance,* by definition, is “bold disobedience.” But the Constitution tasks Congress with control (by oversight and purse string) of the Federal Bureau of Investigation and the Department of Justice. Because subservient, it is the FBI and DoJ that can disobey. Not Congress.

While some Republicans seemingly switched sides on the appropriateness of criticizing the FBI over the Nunes memo release — congratulations are in order! — the same point, reversed, can be made (even humorously) about some on the Left now condemning such criticism.

Criticizing the government — including law enforcement agencies — has always been as American as apple pie.

The Post supports an ever-increasing role for the federal government, favoring Democrats. But now, Trump Derangement Syndrome has apparently pushed the company-town paper over the edge . . . to Media Madness (the title of Howard Kurtz’s new book, which the paper sophomorically savaged).

How ridiculous to characterize Republicans as enemies of “federal law enforcement” because they believe some within the FBI acted improperly, perhaps unlawfully.**

The Post should remember that its journalistic street cred didn’t come from reporting partisan spin as fact, but from what some saw as “defying” the president and publishing “national secrets” in search of the truth

This is Common Sense. I’m Paul Jacob.

 

* The Post wasn’t alone. Politico echoed the message in its story, “GOP defies FBI, releases secret Russia memo to partisan fury,” and so did other media outlets.

** Moreover, Republican leaders have been clear that the memo does not impact Special Counsel Robert Mueller’s investigation.

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Accountability crime and punishment government transparency ideological culture media and media people national politics & policies too much government

Smoke But No Gun

meme, FBI, F.B.I., Clinton, election, Trump, crime, cover up, House Intelligence Committee, FISA

The Republican memo soaking up so much attention paints an ugly picture of a republic gone off the rails — but it should not be mistaken for The Facts.

We have smoke, sure. And the smoke can be seen, not unreasonably, as a sign of . . . a vast insider conspiracy.

But we have only second-hand information; the “smoking gun” has yet to be presented.

The House Intelligence Committee Report memo relates to the behavior of the FBI and its use of a dossier prepared by a former British intelligence officer, Christopher Steele. This operative was hired by Fusion GPS, a political research firm, which was under contract first with a conservative website, The Washington Free Beacon, and then with the Democratic National Committee and the Hillary Clinton for President campaign. His assignment was to research an alleged connection between Trump and the Russian government.

Steele dug up some interesting stuff, which would have been more persuasive had not some of it been obviously fabricated (I’m thinking of the infamous Russian prostitution story). The dossier got into the hands of the FBI by a circuitous route* and was used, says the memo, to get FISA warrants to electronically surveil a Trump campaign operative, Carter Page. Tellingly, the FBI never told the FISA court the specific origin of the dossier.

To get to the truth, we need more — the FISA warrants themselves, at the very least.

There may be a proverbial smoking gun somewhere in this mess. The missing-then-discovered text messages of two partisan FBI agents do suggest a conspiratorial mindset.

That being said, let’s not jump to conclusions. Alan Dershowitz is right: a non-partisan investigation is necessary.

This is Common Sense. I’m Paul Jacob.

 

* Including Sen. John McCain!

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Accountability crime and punishment government transparency incumbents term limits

The Smoking Russian Donut

Rep. Corrine Brown (D-Fla.), corruption, Hallandale Beach Mayor Joy Cooper, Dunkin Donuts, FBI, Russia, Russian

“Politicians in prison garb,” headlined a recent Sun Sentinel editorial, “shake trust in government.”

It was not a fashion statement.

“What is it about a long career that makes some politicians — not all, let’s be clear about that — feel the rules don’t apply to them?” asked the paper, which serves Florida’s Broward and Palm Beach counties.

This week, after spending the last 24 years in Congress, former Rep. Corrine Brown (D-Fla.) began serving a five-year term in federal prison. Brown was convicted of 18 separate fraud and corruption counts stemming from her use of a public charity to benefit herself.

Not to be outdone, last week the FBI arrested Hallandale Beach Mayor Joy Cooper on various corruption charges following a six-year undercover sting operation. “From what is now known,” the editorial board judged “the case against Cooper” to be “devastating.”

There are taped conversations, reportedly, between FBI agents posing as “wealthy land owners [seeking] political favors” and the mayor, discussing pay (her) to play (with the city). At one point, undercover agents say a bribe was delivered to the mayor in “a Dunkin’ Donuts bag stuffed with $8,000 in cash and checks from people with a ‘bunch of Russian names.’”

Russians?

“If not so tragic,” the paper wrote of the corruption, “it would be laughable to imagine Russians colluding to control the Hallandale Beach city election.”

Humor is needed, truly. Yet, the Sun Sentinel concluded instead that “term limits are needed in Hallandale Beach.”

Of course.

And needed for Congress.

Now more than ever.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment folly general freedom local leaders moral hazard nannyism national politics & policies Popular privacy Regulating Protest too much government

The Last Straw

plastic straws, nanny state, fine, crime, California, freedom

How much should we fine waiters who destroy our planet?

For how long should they go to jail?

I don’t know where you would hold such an evildoer after the earth has been destroyed. Or where he’d go when released. But we’re speaking hypothetically. Assume that planet-destroyers can be imprisoned on the moon, which let’s just say still orbits the earth’s decimated remains. Or assume that after being destroyed, the planet can be reconstructed. After serving his sentence, then, the waiter would be released to a reconstructed earth.

In that case, a maximum $1,000 fine as suggested by Ian Calderon, Democratic majority leader of the California State Assembly, seems only fair. However, a maximum of six months in jail is excessive. In my opinion, planet-destroying waiters should suffer no more than 100 days in jail.

Calderon has proposed a bill, AB-1884, to fine and/or imprison waiters who offer unsolicited plastic straws to restaurant patrons. In response to criticism of his silly and vicious bill, Calderon says hey, it’s “NOT a ban” on straws! Oh, okay. Anyway, “Penalties are based on the code section the bill is currently in, which it will be amended out of,” which sounds like Calderon was prior to the uproar . . . what, joking?

As long as we’re amending, let me amend my own implication that people who offer, use, make or sell plastic straws* are in fact helping destroy earth. Just kidding!

The earth will survive plastic straws. Will it survive the Calderons of the world?

Open question.

This is Common Sense. I’m Paul Jacob.

 

* Not that I’m confirming or denying ever using one myself.

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crime and punishment First Amendment rights general freedom ideological culture media and media people moral hazard nannyism national politics & policies Regulating Protest too much government

Twitter’s Merkel Tactics or Merkel’s Twitter Tactics?

Twitter, censorship, Germany, Merkel, speech, double standard

Is Twitter cooperating with Germany’s new crackdown on social-media speech because otherwise it risks steep penalties? Or is Twitter just doing what it would do anyway?

When Germany’s new law against unwelcome speech went into effect this year, many Germans protested. “Please spare us the thought police!” was the headline in one top-selling paper, Bild.

The law requires social-media sites to block unapproved content — which includes “hate speech” and “fake news” — within 24 hours or face exorbitant fines. (Of course, every piece of news, no matter how well or shabbily reported, gets decried as hateful “fake news” by somebody.) Under the new law, Twitter suspended the accounts of two officials of the political party Alternative for Germany who tweeted that Muslim men have violent proclivities. Hateful, fake, inexact, whatever, such tweets by themselves threaten nobody and violate nobody’s rights.

Did Twitter act only under duress here?

Well, in the U.S., the company is not ordered by our government to muzzle anybody except perhaps terrorists or persons directly instigating a crime. Yet Twitter regularly suspends or bans users whose speech it considers objectionable. Moreover, it has become notorious for especially targeting speech that can be regarded as on the right end of the political spectrum — while leaving intact the tweet-speech of left-wing micro-bloggers no matter how threatening or abusive.

I don’t say America’s government should become involved. It should certainly not compel Twitter to drop its double standard.

Instead, it is Twitter itself that should become involved . . . and drop its double standard.

This is Common Sense. I’m Paul Jacob.

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Accountability crime and punishment general freedom government transparency ideological culture moral hazard national politics & policies Regulating Protest tax policy too much government

Still at Large

IRS, drain the swamp, Trump, Lois Lerner, tax, tax man

Blogger Paul Caron, dean of Pepperdine Law School, still counts the days since we learned that the IRS was blocking applications for nonprofit status from right-leaning groups at the behest of former IRS honcho Lois Lerner.

Now years later, the agency can still arbitrarily victimize any one of us. Nor have Lerner and other bad guys been brought to justice. Lerner collects a six-figure pension, instead.

And so, on Day 1699, Caron highlighted Kimberly Strassel’s proposal that President Trump make 2018 “the year of civil-service reform — a root-and-branch overhaul of the government itself. Call it Operation Drain the Swamp.” Exhibit A? The IRS and civil “servants” like “Lois Lerner, the IRS official who used her powers to silence conservative nonprofits.”  

And on Day 1709, Caron called our attention to Lerner’s attempt to suppress a deposition she gave in June “for a civil suit that victims [of IRS targeting] brought in 2013.” Lerner thinks we have no right to know why she felt justified in discriminating against applicants for tax-exempt status based on their political viewpoint.

Unfortunately, not everyone cares about justice as much as Caron.

Consider an obtuse Washington Post editorial pretending that the IRS didn’t really target conservative groups. Instead, “conservative groups, their allies in Congress and the IRS itself all bear responsibility” for the appearance otherwise.

And the aftermath.

Uh huh. If only victims of the abuse of power would stop being so indelicate as to object!

This is Common Sense. I’m Paul Jacob.

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crime and punishment folly general freedom moral hazard privacy too much government

Dutch Treat

Rotterdam, expensive, clothing, arrest, Netherlands, crime, rights

Rotterdam police are gearing up for a new crime reduction scheme.

“They’ll soon begin a pilot program targeting young men in designer clothes that the police believe they couldn’t afford legally,” reports Quartz. “If it’s not clear how the person paid for the clothing, the police may confiscate it.”

A police spokesman for the Netherlands city confirmed both the test program and their confidence in their own clairvoyance, “We know they have clothes that are too expensive to wear with the money they get.”

Beyond the complete disregard for everyone’s basic rights, people worry the law will be applied discriminatorily against minorities. As one young resident warned, “Police won’t consider a white guy walking around in an expensive jacket to be a potential drug dealer. But it’ll be a different story with minorities.”

But surely the poor of all races will become suspects for the new “fashion police.”

“What is the next step if police start asking you how you got the clothes you are wearing,” Rotterdam lawyer Jaap Spigt queried DutchNews. “Will they soon be going through your home asking how you paid for your television or sofa?”

Thank goodness, I don’t live in Rotterdam.

Wait a second . . . the civil asset forfeiture policies at work right now in the U.S. permit police to take money and property — including clothing — without even charging a person with a crime. Simply taking stuff on the assertion of it being either involved in or the proceeds from criminal activity is precisely what’s happening in Rotterdam.

How long before Americans are stopped and partially stripped on the street by police who determine they are guilty of criminally overdressing sans trial?

At least, my poor fashion sense is trending up.

This is Common Sense. I’m Paul Jacob.

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