Category: crime and punishment

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crime and punishment folly general freedom ideological culture

South Dakota Déjà Vu

Chad Haber, Annette Bosworth, Marty Jackley, South Dakota, illustration, Paul Jacob, Common Sense

In the words of Yogi Berra, the recently deceased baseball great: “It’s déjà vu all over again.”

We’ve followed the incredible case of Dr. Annette Bosworth extensively this year. She was convicted of twelve felony counts of petition fraud for circulating petitions that were signed at her medical office by patients (and her sister), while the doctor was in the Philippines on a medical mercy mission.

I don’t defend Dr. Bosworth signing that affidavit, stating that she witnessed those signatures, but I also don’t see criminal intent. Her attorney advised her it was lawful and all the signers were legitimate voters who truly wanted her to run for the U.S. Senate. Talking about felony fraud in such a case seriously misses the forest for the trees.

Bosworth wasn’t sentenced to prison time, thankfully.

But she lost her medical license.

Let’s hold people accountable, but not with an over-the-top vengeance likely to scare the average citizen away from political participation altogether. That’s been my message to South Dakota Attorney General Marty Jackley.

What about déjà vu?

Today, in a Pierre courtroom, Annette’s husband, Chad Haber, will be arraigned on felony charges for signing as the circulator on a petition with two signatures affixed when he was with his wife on that medical trip.

AG Jackley loudly proclaims that this is not his indictment; it was filed by a county prosecutor. But anyone who didn’t fall off the turnip truck yesterday knows how these things tend to work.

Haber challenged Jackley last election and the feud is well known and long-running. Being a prosecutor requires judgment, something Jackley lacks . . . as he will no doubt prove in court.

This is Common Sense. I’m Paul Jacob.

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Chad Haber, Annette Bosworth, Marty Jackley, South Dakota, illustration, Paul Jacob, Common Sense

 

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Accountability crime and punishment general freedom responsibility

Heroism for Everybody

self defense, gun, responsibility, terrorism, collage, photomontage, JGill, Paul Jacob, Common Sense

Liberty is achieved, when it is achieved, at a price. Vigilance.

And this isn’t just an inspiring political message. It’s practical advice for extraordinary circumstances.

What’s the best thing to do if you meet a mass murderer on a rampage, or a terrorist on his mission? It may not be to merely call 911. As one counterterrorism consultant puts it, “We are conditioned to dial 911 and wait, but, in the case of an active shooter, that does not work.”

This conflict expert, Alon Stivi, went on to explain that “[m]ost casualties occur within the first ten or fifteen minutes, and police response usually is too late.”

And speaking of 911, remember that on 9/11/2001, the most successful anti-terrorist effort was by the passengers of United Airlines Flight 93.

That was heroism. It cost them their lives, but they accomplished something in that they saved lives, too.

Some people don’t like bringing this up for fear of, well, hurting some feelings. But Ari Armstrong has an answer for this:

If we avoid serious discussions about self-defense and survival tactics in cases of intended mass murder out of fear that such discussions are somehow insensitive to victims of past attacks, all we accomplish is to ensure that more people will be murdered in possible future attacks.

There is a reason we should keep ourselves fit, and alert. Who knows when we may be called upon, by circumstance, to defend not only ourselves and our loved ones, but our way of life?

Sure, this “call” is made by the unjust. But we, the just, should answer anyway.

This is Common Sense. I’m Paul Jacob.

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self defense, gun, responsibility, terrorism, collage, photomontage, JGill, Paul Jacob, Common Sense

 

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crime and punishment national politics & policies Second Amendment rights

Most Murders?

murder, gun, gun control, statistics, crime, collage, photomontage, JGill, Paul Jacob, Common Sense

As the nation reels from another school-place murder spree, this time at Umpqua Community College in Roseburg, Oregon, The Detroit News took notice of a not wholly unrelated milestone: St. Louis, Missouri, took “title” to “nation’s murder capital” from Detroit, Michigan.

Detroit’s Chief of Police waves, as he put it, a “flag of progress,” not a “flag of success.” Crimes overall are down . . . as are (interestingly) police forces. Still, as the FBI stats for 2013 make clear, “Motor City’s overall violent crime rate remains the nation’s worst for the second straight year for cities of more than 100,000 residents.”

St. Louis scored 50 murders per every 100,000 population; Detroit went down to 44 per 100,000.

But hold your breath: all this is based on a per capita reckoning: Detroit still tallied more murders than did St. Louis, 298 to 59. Detroit just has more population.

In total terms, Chicago actually leads the nation, with 411 murders. (These include all murders, not just gun-related homicides.) New York follows with 333. Then it’s Detroit, followed by Los Angeles (260), Philadelphia (248), Houston (242), and Baltimore (211).

The 2013 murder count for the nation?14,249. Subtract the seven highest grossing murder cities and the number is 12,246.

That’s still a lot, but remember: nationwide, the murder rate (including murders with guns) continues to plummet — even with more guns in private hands. Could it be that more than “more cops” and “more jails,” more guns is the answer?

Dramatic Gun-Free-Zone shootings are trend exceptions. Most usages of guns remain in self-defense. Real gun control has been, in a sense, privatized.

This is Common Sense. I’m Paul Jacob.

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murder, gun, gun control, statistics, crime, collage, photomontage, JGill, Paul Jacob, Common Sense

 

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Common Sense crime and punishment First Amendment rights folly ideological culture meme Popular

Scientists for Censorship

Climate Crime, Paul Jacob, Common Sense, censorship, global warming

“You have signed the death warrant for science,” scientist Peter Webster wrote to a colleague, recently.

The recipient of this charge had signed onto an entreaty to President Barack Obama, U.S. Attorney General Loretta Lynch, and White House Office of Science and Technology Policy Director John Holdren — along with 19 fellow climate scientists. They asked for an investigation into companies and organizations that publicly express doubt about predictions of impending catastrophic man-made global warming. Specifically, they urge the administration to pursue this line of assault using the oft-abused RICO statute, the Racketeer Influenced and Corrupt Organization Act.

Yes, the scientists are calling for harassment of dissenters and straight-out censorship.

Ronald Bailey, over at Reason, calls this a “new low in politicizing science.” Climatologist Judith Curry, who quoted Webster’s above judgment as an epigraph to her post on the subject, colorfully characterized her reaction: “When I first spotted this, I rolled my eyes — another day, more insane U.S. climate politics.”

The 20 alarmists, for their part, draw a parallel to the tobacco RICO investigations that were so influential a few decades ago. But that original case was badly decided. Moreover, RICO laws are themselves an affront.

The anthropogenic global warming catastrophists have previously undermined their case — lies, conspiracies to hide data, misleading use of computer models, and a relentless campaign to turn scientific inquiry into “settled science” will do that. But now, the grotesque spectacle of scientists demanding that the full weight and force of coercive government come down on their “opponents” completely destroys any remaining shred of credibility.

This is Common Sense. I’m Paul Jacob.

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Climate Crime, Paul Jacob, Common Sense, censorship, global warming

 

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Common Sense crime and punishment education and schooling folly general freedom national politics & policies

Another Leaf Out of Gov’t’s Playbook

Zero Tolerance, schools, hysteria

Could government be a suck-hole for intelligence? Could one’s proximity to government reduce one’s IQ?

America’s public (read: government) schools too often serve as Wisdom-Free Zones.

The Ahmed Mohamed story shocked a lot of people. A kid with a clock was mistaken for a terrorist with a bomb and the school and local police threw reason and procedure and everything else out the window. But no one should be shocked. Every week, maybe every day, news creeps out of America’s “common schools” to prove, once again, that its administrators and teachers seem to be deficient in common sense.

When I wrote about Ahmed’s timepiece yesterday, I mentioned several examples of public school hysteria over fictitious, symbolic, or non-existent weapons. Such stories are Old Faithfuls here at Common Sense. But one case I haven’t written about* is the six-month-old tale of the Bedford County, Virginia, lad who was expelled from school for possession of a marijuana leaf.

The police dropped the drug case upon testing the leaf in evidence. It was not Cannabis sativa but Acer palmatum, the Japanese maple leaf, a harmless shrub.

Still, the school stuck to the year-long suspension, wouldn’t let up. Zero tolerance.

Now, the 11-year-old boy had supposedly boasted about having marijuana. And schools do have rules against “look-alike” drugs. I just wonder why the student received zero due process and how we expect youngsters to grow up in a world without even a tidbit of tolerance.

This dysfunction is not racism or fear or Islamophobia, as some claim in the Ahmed case.

It’s just the inflexible witlessness of those with too much unchecked authority.

This is Common Sense. I’m Paul Jacob.

 

* Coming, as it did, immediately on the heels of the infamous Pop Gun Tart insanity. . . .

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Zero Tolerance, schools, hysteria

 

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Common Sense crime and punishment folly general freedom ideological culture judiciary national politics & policies too much government

Just Doing Our Jobs?

Barber Shop, discrimination, police abuse, Collage, editorial

I didn’t really want to talk about Kim Davis, County Clerk of Rowan County, Kentucky, who refused to issue marriage licenses to same-sex couples. Last week, she got put in jail for not doing her job; this week, she got released.

Generally, I’m for people doing their jobs. Especially, those in government.

However, when they are instructed to do something destructive, I’d prefer they refrain. Unfortunately, government workers too often select the wrong things not to enforce. I could use a lot more “blue flu” over Drug War efforts, or stealing our property through civil forfeiture, or shooting pet dogs.

No such luck, usually.

Recently, a 17-year-old boy was charged, as an adult, for child pornography. But the “child porn” was a naked picture of his own body on his very own cell phone. A law designed to protect him from sexual exploitation was turned against him, making him a “sexual predator.”

The police and prosecutor in this North Carolina case didn’t really do their jobs.

In Washington County, Pennsylvania, a barbershop has been fined $750 for refusing to cut one woman’s hair. The owner claims he has nothing against doing women’s hair, but merely that this particular shop wasn’t set up to handle women’s typical hair concerns. Public servants fined him anyway.

Do we really need government to patrol beauty salons and barbershops for “discrimination” “crimes”?

After all, they cannot even patrol themselves coherently. Witness the messy case of Kim Davis, Democratic County clerk in rural Kentucky. About which I hope I need not say more.

This is Common Sense. I’m Paul Jacob.

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Just Doing My Job, Collage, editorial

 

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Common Sense crime and punishment free trade & free markets general freedom judiciary nannyism national politics & policies too much government

Legalize, But Prohibit?

Pot Pot, legalization, collage, photo-montage, Paul Jacob, Jim Gill

Last week, I warned of marijuana legalization.

Not that I’m against it. But how much will actual freedom be increased?

Note: I’m not bemoaning, as one activist friend argued, that “if you can’t toke up and celebrate in public when it passes, it’s not legalization.”

One cannot now legally smoke tobacco in most public buildings (meaning those open for business as well as government-owned structures) or drink a beer in most public parks or while navigating sidewalks. But you can smoke and drink at home or on certain types of private property.

Ending the drug war and treating newly legalized marijuana pretty much as we treat alcohol and tobacco seems like a long overdo common sense approach.

There’s also the freedom of home cultivation. I have friends who make wine at home, for private consumption. It’s legal; it’s proper. It should also be legal to grow cannabis at home. Yet, many a politician thinks otherwise.

And they are inspired, in a sense, by the popular legalization mantra, “legalize, tax and regulate.” That sends an ominous signal: in order to maximize revenues, politicians see the revenue advantage in forbidding hard-to-tax home cultivation — cultivation that is, let’s face it, a traditional freedom, a right “retained by the people.”

The excuse for this continued prohibition could be “think of the children.” But it’s probably just greed for revenue . . . and the even more hidden enticements of “crony capitalism,” which plagues almost all industry.

You should be able to grow a plant. And self-medicate. These are basic human rights, and the state should work around those.

This is Common Sense. I’m Paul Jacob.

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Pot Pot, legalization, collage, photo-montage, Paul Jacob, Jim Gill

 

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Common Sense crime and punishment folly general freedom national politics & policies responsibility too much government

Cannabis and Kings

Jack boot, photomontage, collage, James Gill, Paul Jacob, Common Sense, http://cognitivebiasparade.prosite.com/

The over-riding reason to end the War on Drugs is to re-establish the rule of law in this country.

From Nixon and Reagan to the present time, America has vastly increased the population of prison inmates, many of them for drug offenses. The “land of the free” shouldn’t boast a larger population (per capita and total) of unfree persons than any other nation on the planet.

Further, in the mania to apprehend contraband drug users, producers, and traffickers, we’ve pretty much lost Bill of Rights protections on our lives and our property.

We’ve armed nearly every conceivable division of government against us, turning local, state and federal police “services” into police state apparatuses that hound and steal from portions of our population — which turns them from citizens into fearful, resentful, servile subjects. Meanwhile, the use of civil asset forfeiture and other policing for profit schemes corrupt our police forces in a serious and fundamental and “King Georgish” way.

Sam and John Adams, Toms Jefferson and Paine — they’d all be aghast at what we have become.

But what of the growing tide to legalize/decriminalize marijuana? Reading a report by Steven Greenhut in Reason, it becomes apparent that not every step moves us towards a rule of law. Some steps in “regulating and taxing” cannabis may be more about using crony capitalism to choose winners and losers.

Let’s use some common sense from lessons learned with alcohol — er, with regulating alcohol, that is. Keep marijuana away from the kids and keep the over-regulation of marijuana away from adults.

This is Common Sense. I’m Paul Jacob.

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Jack boot, photomontage, collage, James Gill, Paul Jacob, Common Sense

 

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Common Sense crime and punishment free trade & free markets general freedom nannyism responsibility too much government

Must the War Go On and On?

Addiction

I was still a kid, but I remember: as the Vietnam War dragged on, and on, we Americans continued to receive hopeful missives about how the next assault, or regroup, or dedication of manpower and weaponry, would lead to better results.

That’s what came to mind as I read the latest dispatch from the War on Drugs, in the Los Angeles Times. “White House announces push to combat growing heroin epidemic,” ran the headline.

So, it’s growing again? Haven’t I read this about a thousand times?

Talk about a familiar story:

The path to heroin addiction and overdoses can begin when patients are legally prescribed drugs containing opium, said Dr. Walter Ling, professor of psychiatry and founding director of the Integrated Substance Abuse Program at UCLA. . . .

“Once they get hooked they find out it’s very expensive to get these medicines and it’s much cheaper on the street. . . . That leads to street heroin abuse, which leads to the increase in opium overdoses,” Ling said.

But the rest of the story? Not reported.

Oh, sure: we were regaled with how dangerous the cheap street drugs are, because of how they are diluted. What we are not told, though, is that this is not a characteristic of heroin, as such, but of illegal heroin.

Decriminalize it. Let the legitimate market do what black markets cannot: provide responsible information that would discourage accidental overdoses.

Instead, we have a new and futile $1.3 million plan.

We’re overdosing on government. The cure is to cut down government to the proper dose.

This is Common Sense. I’m Paul Jacob.

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Addiction

 

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Common Sense crime and punishment general freedom jury rights and duties U.S. Constitution

Guess Who Else Nullifies?

Jury Duty

Citizens have more power than they exercise. But folks in government aren’t exactly falling all over each other in the rush to help citizens participate and realize their potential.

Take juries. There are few more awesome responsibilities than sitting on a jury. And one of the things you can do, as a juror, is to refuse to follow the law or the judge, instead making your decision contrary to the immediate, official directive. Disapprove of a bureaucracy’s “legal” prosecution of an individual or group? Judge the law as well as the facts. Acquit.

Glenn Reynolds, writing in USA Today, shows that this practice has a long, honorable history in our country — he not unreasonably mentions how northern abolitionists fought the Fugitive Slave Act — and, if you, the juror, push it, “there’s nothing anyone can do about it…

Of course, prosecutors have essentially the same power, since they’re under no obligation to bring charges against even an obviously guilty defendant. But while the power of juries to let guilty people go free in the name of justice is treated as suspect and called “jury nullification,” the power of prosecutors to do the exact same thing is called “prosecutorial discretion,” and is treated not as a bug, but as a feature in our justice system.

Reynolds concisely makes the case that jury nullification is, itself, a designed feature of our American constitutional tradition, and not nearly so buggy as “prosecutorial discretion.”

Why? Its tendency is to liberate us from usurping government action.

Prosecutors’ “discretion” (on the other hand) gives folks in government more power over our lives. And ruins many.

This is Common Sense. I’m Paul Jacob.

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Jury Duty