Category: crime and punishment

Return to Robbery

civil asset forfeiture, asset, forfeiture, police, abuse, stealing, theft, property, Common Sense

Last week, the crooks in Washington proved themselves nice enough to let us know that their rip-off machine is back in action. The Obama Justice Department announced the resumption of the “equitable sharing” program, whereby the Feds sing Kumbaya with state and local police while sharing the loot they snatch from innocent folks through “civil asset forfeiture.”

Yes, there again is that strange three-word, legalistic, police-pocketing term: civil asset forfeiture.

Free country? Not so long as local police and federal government agencies seize people’s stuff without ever charging or convicting those people of a crime. Simply by claiming suspicion . . . about their stuff.

To get their money or property back, the victims must hire an attorney and sue the government. Guilty until proven innocent. Only those raking in the ill-gotten gains are shameless enough to defend this completely un-American practice.

Which more than doubled in use during President Obama’s first five years in office, according to The Washington Post. Today, police and various government agents actually take more value from innocent Americans through civil asset forfeiture than do burglars through burglary.

“As President Obama counts down the days of his last year in office,” the Cato Institute’s Adam Bates wrote back in January, “one positive step he could take for his legacy would be to halt the federal government’s use of civil asset forfeiture and make the suspension of the equitable sharing program permanent.”

Yet, despite Mr. Obama’s talk about criminal justice reform, and despite his ability to bring justice with a stroke of his pen (and actually within his constitutional authority), last week the Feds instead went back to business as usual, ripping people off.

This is Common Sense. I’m Paul Jacob.

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Tags asset forfeiture, civil asset forfeiture, corruption, crime, law, police

Accountability crime and punishment education and schooling insider corruption local leaders responsibility

Schooled in Corruption

Detroit, kickbacks, bribes, crime, education, schools

Michigan’s governor just signed a $49 million emergency funding bill, designed by legislators to keep Detroit’s public schools open.

Open for what?

Will any of that dough actually make it to the classroom, where children might possibly be educated?

Or, as I inquired at Townhall yesterday, is it merely another opening for . . . graft?

Less than a week after the rescue bill, U. S. Attorney Barbara McQuade brought criminal charges against more than a dozen DPS principals and administrators, as well as a vendor of school supplies. Their kickback scheme was simple: school officials received big, fat bribes from the vendor for school supplies that, as the Detroit Free Press put it, “were rarely ever delivered.”

The scam involved at least twelve separate Detroit schools over as long as 13 years. During that time, more than $900,000 was paid in bribes to DPS officials.

The newspaper highlighted how “shocked” teachers were that their principals had been indicted. “It’s pitiful that they’re going after principals who are probably just doing what they need to do even if it might be a little bit unethical in order to provide the students in their schools with the supplies and materials that they need that district and the state should be providing us,” was the excuse one teacher offered.

“A little bit unethical”?

Frankly, the fraud didn’t deliver, but deny “supplies and materials” to students — supplies taxpayers had sacrificed to provide.

This same teacher added that her indicted principal is “always putting students’ interests first. It’s not just rhetoric with her. It’s actual practice.”

Except for the graft.

This is Common Sense. I’m Paul Jacob.

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Tags bribery, crime, Detroit, education, graft, public schools, schools

crime and punishment folly ideological culture responsibility too much government

Pincher, Pinchee

police, crime, law, rights, pinch, juvenile, illustration

Limited government sports several rationales. The need for it pertains on many levels. One such level we don’t think about enough? This: Not every rights violation warrants calling in the law.

Take the strange case of Breana Evans, 12-year-old assailant, charged with misdemeanor battery.

What did she do?

She pinched the gluteal posterior of a boy she did not know.

Now, pinching the butt-end of strangers is a breach not only of decorum (to the extent that this standard we call “decorum” even exists any more), but of a pinchee’s rights.

Yet it was a mere pinch.

And the boy did not press charges.

The school’s “resource deputy” did not arrest her; she was merely suspended from school.

It would have remained a minor matter (so to speak) had not the boy’s mother “insisted to police that he was the victim of battery, and so they had no choice but to arrest Breana,” as Robby Soave explained over at Reason. “She was Mirandized and put in a patrol car. They took her mugshot and booked her into juvenile detention.”

The escalation of the dispute over carnal rites and personal rights into a matter fit for the police is, it seems to me, a grave result of a sort of cultural hysteria about all sorts of things. The willingness of some adults to push children through our harsh, bureaucratic, and often ruthless criminal justice system is sad to behold.

It is more indecent than a pinch.

This is Common Sense. I’m Paul Jacob.

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Tags assault, child, children, crime, law, public schools, rights

Accountability crime and punishment ideological culture moral hazard nannyism national politics & policies too much government

Misleading Metric

pay gap, gender, legislation, justice, fairness, hypocrisy, Sen. Susan Lee

Yesterday’s Washington Post clarified how the “gender pay gap” is calculated:

This metric does not take into account the different types of jobs, varying levels of experience and education, or women who lose seniority and promotion opportunities when they leave the workforce temporarily to care for children, which they do in larger numbers than men. Still, it is widely used as a measuring stick.

The Post informed readers that the gap isn’t what it appears, that it doesn’t actually measure discrimination against women. Nonetheless, the paper justifies promoting this misleading statistic with the claim that it is “widely used.”

Sort of a self-fulfilling prophecy.

The Post’s story was sparked by legislation in Maryland to purportedly mandate “equal-pay” between men and women. Yet, the bill specifically authorizes unequal pay for any “bona fide factor other than sex or gender identity.”

It’s already against the law for employers to pay women less for the same job or to deny equal opportunity for advancement. This legislation, on the other hand, seems designed to create full-employment for lawyers. If passed, employees could sue their employer for “assigning work less likely to lead to promotion or future opportunities.”

Sen. Susan Lee, the bill’s sponsor, proclaims that, “Any gap is unequal and unacceptable.”

What about the gender pay gap in the Maryland Legislature? Using the same misleading metric, female legislative employees make less than what males make.

Unacceptable!

So, why don’t legislators fix their own pay discrepancy before they dictate to everyone else?

Or better yet, they could simply stop peddling a divisive non-solution for this dishonestly hyped “problem.”

This is Common Sense. I’m Paul Jacob.

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Tags feminism, gender pay gap, Sen. Susan Lee, sex equality, wage legislation, wages

Accountability crime and punishment general freedom national politics & policies U.S. Constitution

Mr. Most Merciless

Obama, clemency, pardon, mercy, crime, Common Sense, illustration

Usually, when contemplating the Office of the President of the United States, our cause for complaint is excess of power. Our country was founded on opposition to such centralized power — initially directed against King George III — and the Constitution written, in part, to allow a strong federal government without feeding the beast of Tyranny.

Yet, today, I’m not bemoaning unchecked presidential power. Instead, the opposite: an important presidential power that Mr. Obama lets lie unused.

What is that power?

The executive’s power to pardon, defined in Article II, Section 2 of the U.S. Constitution.

Yesterday, George Lardner Jr., a scholar with the Investigative Reporting Workshop at American University, and Political Science Professor P. S. Ruckman Jr., the editor of the Pardon Power Blog, reported in an op-ed for The Washington Post, that “Obama has a clemency record comparable to the least merciful presidents in history. He has granted just 70 pardons, the lowest mark for any full-term president since John Adams, and 187 commutations of sentence.”

“Obama’s record is all the more deplorable because of assurances that he has made,” argue Lardner and Ruckman, noting that the Department of Justice’s Clemency Project 2014 — designed to provide relief to non-violent drug offenders and announced “to great fanfare” — has “become a bureaucratic disaster.”

With all the injustice found even in the best justice systems, I cannot understand how a compassionate person could ignore this power. Or use it, as President Bill Clinton did, to provide last-minute pardons for cronies and high-rolling campaign contributors.

Have mercy.

This is Common Sense. I’m Paul Jacob.

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Tags capital punishment, clemency, crime, Obama, President Barack Obama, presidential pardon, prisons

crime and punishment general freedom moral hazard privacy property rights too much government

Taking Our Stuff Back

civil asset forfeiture, police, abuse, robbery, Common Sense

There’s been a big push for criminal justice reform, with some recent progress on civil asset forfeiture.

This is the process through which police and government agencies grab a citizen’s money or property — even if the citizen is never charged with a crime, much less convicted. Then, to get one’s stuff back, a citizen must sue to prove the stuff was innocent of being involved in criminal activity.

Asset forfeiture without a criminal conviction turns our system of justice on its head, encouraging bad behavior by police — ahem, stealing — by rewarding departments and agencies that get to keep the loot.

Reform legislation passed through an Oklahoma House committee earlier this week and now goes to the full House. Television News 9 in Oklahoma City began its report by acknowledging that, “A watered down version of the civil asset forfeiture bill has crossed another hurdle in the state Legislature.”

That’s because a bill to end civil asset forfeiture outright had already failed in the Senate. The currently pending legislation requires that citizens who sue to recover their property and win be awarded their legal fees.

It’s progress . . . but still not justice enough.

Late last month, Wyoming’s Gov. Matt Mead signed reform legislation mandating that there be a probable cause hearing before the legal forfeiture process can begin. Good. But that was after Gov. Mead vetoed a better bill, which stopped all official, convictionless snatching of stuff.

Police taking people’s stuff without having to prove a crime must be ended altogether, abolished. That means we better stop waiting for politicians. Instead, petition this important principle directly to the people — use ballot initiatives in cities and states across the country.

No time like the present.

This is Common Sense. I’m Paul Jacob.

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Tags asset forfeiture, ballot initiative, civil asset forfeiture, law, police, police abuse

Accountability crime and punishment free trade & free markets general freedom moral hazard nannyism national politics & policies

The Peace Dividend

legalization, pot, marijuana, crime, drug war, illustration

Has the War on Drugs actually, finally, made some progress?

Well, yes . . . but, really, no.

“Legal marijuana may be doing at least one thing that a decades-long drug war couldn’t,” explains Christopher Ingraham in The Washington Post’s Wonkblog, “taking a bite out of Mexican drug cartels’ profits.”

Certainly “legal marijuana” is not the drug war. It’s that war’s antithesis.

Let’s recall, too, that legalization didn’t come about after five decades of drug war failure because politicians came to their senses, admitted their mistakes and advocated a different approach.

Instead, frustrated citizen leaders teamed up with successful entrepreneurs to launch ballot initiatives, allowing voters to directly decide the issue.

Domestic production isn’t driven merely by Colorado, Oregon, Washington State and the other Washington, the nation’s capital, where voters fully legalized possession. Marijuana for medical use is legal in 23 states, including California, where most domestic marijuana is grown. In these states, pot is widely prescribed.

Thus, a quasi-legal domestic marijuana industry was created. Lo and behold, now pot produced in the good old USA is outperforming pot grown south of the border.

The Drug Enforcement Agency (DEA) acknowledges that U.S. marijuana is being illegally smuggled into Mexico. (Maybe the smugglers will pay for the wall.)

On the other hand, what does it matter that the Mexican drug cartels are losing market share to non-violent American businesses?

Well, those cartels have waged a war with the Mexican government killing more than 164,000 citizens between 2007 and 2014. Less profit to fuel the Mexican drug lords in that bloody war is more for our peace and security.

This is Common Sense. I’m Paul Jacob.

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Tags cartel, crime, Drug War, legalization, marijuana legalization, Mexico

Accountability crime and punishment general freedom moral hazard nannyism national politics & policies

Inch, Meet Mile

Give ’em an inch, they will take . . . a continent.

When Edward Snowden broke the secrecy of the NSA’s illegal surveillance on innocent Americans, many folks (especially those in government) said the snooping was OK, because

it is necessary for our security, and, besides,
the collected data would only be used against terrorists, as supervised by the FISA courts.

Well, it is now known that, whatever “a.” may be, “b.” is a dead letter, swept away by broken promises and a new information practice.

Yes, the National Security Agency now shares its (unconstitutionally obtained) information with various and sundry government agencies, for a wide variety of purposes.

Last week, Radley Balko noted in the Washington Post that “the ‘sneak-and-peek’ provision of the Patriot Act that was alleged to be used only in national security and terrorism investigations has overwhelmingly been used in narcotics cases. Now the New York Times reports that National Security Agency data will be shared with other intelligence agencies like the FBI without first applying any screens for privacy.”

That didn’t take long, eh?

Many of us have opposed the NSA’s data collection on American citizens because we believed the data would not continue to be used just for the alleged purpose they were collected.

It is not a “slippery slope” argument so much as an “inch-mile” one. Government tends to grow, in size and especially in scope.

And usually at the expense of our freedoms.

This is Common Sense. I’m Paul Jacob.

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Tags National Security Agency, NSA, patriot act, surveillance, surveillance state, terrorism

crime and punishment First Amendment rights general freedom moral hazard national politics & policies Snowden

Structurally Opinionated B. S.

Post author By CS Admin
Post date March 10, 2016
2 Comments on Structurally Opinionated B. S.

Edward Snowden, iPhone, First Amendment, privacy, Apple, illustration

Edward Snowden, the infamous American whistleblower now exiled in Russia, says the FBI’s claim that it cannot decode the infamous San Bernardino terrorist’s iPhone is, and I quote, “Bernie Sanders.”

Oops.

He used another word-set, also sporting the initials B. S.

I got confused because, though the press has been fretting endlessly about the B.S. coming from Donald Trump, the real corkers of late have come from Bernie Sanders, who seems to think that white people cannot be poor or oppressed* and that the successes of free markets elsewhere serve perfectly as excuses for Big Government interference here in America.**

Mr. Snowden, who knows a lot more about encryption and decryption than I do, has given more weight to my suspicion that the whole FBI case against Apple — demanding that Apple create software to decrypt the company’s customers’ iPhones, and supply (on an allegedly case-by-case basis) the decrypted private information to the government — is a sham.

Snowden insists that there are multiple ways to do the job.

“Other technologists have explained how the FBI could have easily accessed the phone’s latest iCloud backup,” a report on Snowden’s judgment elaborated, “if agents working with San Bernardino County had not reset the iCloud password.”

Once again, a government failure leads to another push by government to correct for its failure, burdening citizens.

In this case: folks at Apple.

Interestingly, Apple’s legal defense appears to rest heavily on the First Amendment’s free speech guarantees, arguing that the demanded software is value-laden speech, is literally made up of such.

The exact term is “structurally opinionated,” which I nominate for the jargon phrase of the year.

This is Common Sense. I’m Paul Jacob.

* Sanders has recently said, in one of those interminable debates that I can no longer watch in full, “When you are white, you don’t know what it’s like to be living in a ghetto, you don’t know what it’s like to be poor, you don’t know what it’s like to be hassled when you are walking down a street or dragged out of a car.” As if “white privilege” amounts to immunity from poverty or oppression.

** Sanders, whose Tweets are as insane as his spoken pronouncements, recently lamented how Romanians in Bucharest have faster Internet speeds than Americans — without realizing they’d achieved these levels of access by wide-open, unrelenting, and wild competition. That is, Laissez Faire capitalism.

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Tags Apple, Apple Inc., Edward Snowden, first amendment, free speech, iPhone, privacy, security

Accountability crime and punishment general freedom moral hazard nannyism national politics & policies privacy too much government

Breaking the Safe

surveillance, privacy, iphone, security, NSA, CIA, FBI, terrorism, illustration

As we tromp repeatedly to the polling booth this year, we should wonder: are we being played?

The answer: yes . . . at least on the issue of Apple’s iPhone security.

I’ve written about this before. Our politicians and government officials are playing demagogue, trying to convert (too successfully?) the electorate into a mob bent on destroying privacy and private property — out of unwarranted fear.

The case for terrorist worries in this case is not even plausible: the FBI waited too long to be convincing, and the NSA supposedly has the metadata anyway. The government doesn’t need the info. It’s after something else.

As former congressman Bob Barr put it, the government’s case is “pure applesauce . . . simply the latest chapter in a decades-long push by Uncle Sam to gain access to Americans’ digital technology and place this booming sector of our economy under its thumb.” He goes on:

[T]he government is for the first time demanding that a company actually invent a way to defeat the very encryption safeguards it builds into the devices it sells. Attorney General Lynch has taken to citing an obscure law, the All Writs Act of 1789, to justify this unprecedented exercise of power to compel companies to do the government’s work for it.

To my knowledge, the government has never demanded that Allied Safe and Vault, or any of its competitors, go out of its way to cook up “a way in” to its security systems.

Government is just trying to retain its old relevance. Folks in power see it slipping. And it is, as Americans outsource their privacy and security not to governments, but, increasingly, to private providers.

That’s a good thing.

This is Common Sense. I’m Paul Jacob.

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Tags Internet privacy, privacy, security, terrorism