Category: crime and punishment

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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

 

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Common Sense crime and punishment general freedom government transparency national politics & policies U.S. Constitution

Swarms of Officers to Harass

Playing cards

Two wrongs don’t make a right.

It’s simple but true. And, as a corollary, let me add that using the power of the federal government to harass individuals or groups one happens to dislike or disagree with is wrong.

You might recall that our Declaration of Independence rebuked King George for sending “hither swarms of Officers to harass our people.” Or consider the recent civil-rights-violating behavior of the IRS against conservative groups during President Obama’s administration.

Yesterday, I proposed to end all taxpayer subsidies to Planned Parenthood. Obviously, I’m not a fan of the organization. And neither are the Republican presidential candidates — especially Louisiana Gov. Bobby Jindal.

“Planned Parenthood had better hope that Hillary Clinton wins this election,” Jindal boasted at last week’s JV presidential debate hosted by Fox News, “because I guarantee you that under President Jindal, January 2017, the Department of Justice and the IRS and everybody else that we can send from the federal government will be [looking] into Planned Parenthood.”

Speaking with reporters after the debate, Mr. Jindal doubled down, suggesting there might also be a role for the Environmental Protection Agency and perhaps other tentacles of the federal Leviathan.

Jindal has removed Planned Parenthood from Louisiana’s Medicaid program. That’s within his legitimate power. But directing an assault against anyone using the IRS and other federal agencies is both wrong and . . . against the law.

It promises not change but the same rotten, rights-robbing, goon-squad government we have now. Just with a different color shirt.

This is Common Sense. I’m Paul Jacob.

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Common Sense crime and punishment general freedom

Ultra Anti-Civilization

Against tolerance

The stabbing event at a Thursday “Gay Pride” march in Jerusalem reveals an element of the much-talked-about “clash of civilizations” not often discussed any longer. But it used to dominate the conversation.

Why? It was not a Muslim jihadist who stabbed six people and ultimately killed one of them, a 16-year-old girl (she died in the hospital this weekend).

It was an Orthodox Jew.

That is, the man arrested at the event, identified as Yishai Schlissel, certainly looked Orthodox, when I saw him on TV, briefly, in an early report. The BBC now refers to him an “ultra-Orthodox Jew” (“ultra” theirs; emphasis, mine). He had previously carried out a similar attack in 2005.

“Israel’s government would have ‘zero tolerance’ for Jewish extremists, Prime Minister Benjamin Netanyahu said at a security cabinet meeting on Sunday,” according to a BBC report.

What suspect Schlissel shares with other terrorists is not merely a rock-hard belief that certain other people are sinful and corrupt, etc. He somehow also believes that he may assume the role of judge and executioner . . . of people he only knows by their differences.

This is beyond “ultra.” Schlissel repudiates not only the rule of law (since he acts outside it), but a basic idea that has grown in Western civilization — from roots found in his own religion.

Liberty.

The essence of liberty? Leaving peaceful people you disagree with alone.

It is more than possible for the religiously orthodox to get along with the un-orthodox. We can all get along if we respect each others’ rights, regardless of our differences.

This is Common Sense. I’m Paul Jacob.

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Against tolerance

 

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Common Sense crime and punishment nannyism responsibility

First, Do No Harm

Annette Bosworth

I wish Annette Bosworth were my doctor. Since she lives and practices medicine more than1300 miles away, in South Dakota, that’s not to be.

Sadly, the question to be answered, officially, is whether Dr. Bosworth will be permitted to provide medical care to anyone in her state. Following convictions on 12 felony counts pertaining to petitions she circulated, the South Dakota Medical Board has asked Bosworth to surrender her license.

Today, Annette appears at a hearing before the medical board regarding the ultimate resolution of her status to legally practice medicine. Announcing she would fight to try to save her license, Dr. Bosworth declared, “I just can’t give up.”

No one seems to doubt that she is a caring and capable physician. At her sentencing, Judge John Brown noted the many letters he received supporting her, mostly from patients, concluding that, “you did good work.”

Even Attorney General Marty Jackley, who prosecuted her, agreed: “I join in the court’s recognition coming from those that know Dr. Bosworth best, her medical patients, that she is capable of helping them. . . .”

“It’s just a terrible shame,” offered her attorney Robert Van Norman, “for her, for all of us, in a rural state, to lose permanently this woman’s talents.”

It’s difficult to remain optimistic, given that Dr. Bosworth and the state medical board have clashed again and again over the years. Yet, if the board follows the “do no harm” principle of medicine, they’ll not prevent Dr. Bosworth from regaining her license and again providing the highest quality of care to the people of South Dakota.

This is Common Sense. I’m Paul Jacob.

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Annette Bosworth

 

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Common Sense crime and punishment general freedom nannyism privacy responsibility

Pain Economies

Pain Medicine Police

Looking for a new doctor, a colleague of mine called his friend’s primary care clinic, and was told, “We are taking all patients except pain management cases.”

He was thankful his health issues were not pain-related.

After reading Leslie Kendall Dye’s Salon piece, “But what if I actually need my painkillers?” you will easily understand: America doesn’t make it easy for those who must fight constant pain.

Ms. Dye’s story is harrowing. Her chronic pain, the residue of a ballet injury, makes her personal, day-to-day experience not primarily about economizing pleasures, but economizing pains.

So she takes Tramadol. Regularly. Even with the drug, her agony too often returns. What she tries to do is carry on with as little relief as possible while living an active, normal life, always risking excruciating pain levels.

And she’s constantly harassed and inconvenienced and probed and lectured. “Each time I take my painkiller prescription to a pharmacy, I can’t help feeling suspected of a crime.”

She’s not paranoid.

The government is out to get her. And her doctors.

All to “save” the lives of people who “abuse” the drugs.

I read about cases of lost souls, overdoses, suicides, black market pills, portions of towns laid waste by narcotic abuse, and I worry. I worry for the addicts, but I also worry for those of us who would not be able to carry on without responsible pain management.

She admits to feeling “conflicted” about this.

My prescription? Feel less conflicted. Were today’s standard individual responsibility, not societal responsibility, responsible patients would suffer less.

This is Common Sense. I’m Paul Jacob.

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Pain Medicine Police

 

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crime and punishment general freedom ideological culture

Planned Parenthood

Baby parts matter

Planned Parenthood — Baby parts matter

Baby parts matter

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crime and punishment general freedom ideological culture national politics & policies

Robert Reich Makes Common Cause With Police State

Police State Apologist, Facebook, Robert Reich, collage, photomontage, Paul Jacob, http://cognitivebiasparade.prosite.com/, political, politics

Common Cause says its job is “Holding Power Accountable.” Robert Reich is the pre-eminent “people’s progressive” propagandist of our time, promoting himself as on the side of underdogs and against corporate power structures.

After the Wisconsin John Doe probe was judicially squelched, last week, Reich promoted Common Causes’s official reaction, insisting that “Corruption — even the appearance of corruption — erodes our democracy. Corruption of our system of justice undermines strikes at the heart of our government.”

This is the Common Cause take:

The Wisconsin Supreme Court recently ended the investigation of possible illegal activity between Scott Walker’s 2011-2012 recall campaign and outside special interest groups.

Four of the justices of the court were the beneficiaries of dark money spent in their behalf and which was the heart of this case. They should have recused themselves and did not.

Robert Reich enthusiastically reiterated Common Cause’s demand for adoption and practice of strict judicial “recusal rules.”

Hmmm. No mention that a federal judge had also ordered the investigation shut down, but that ruling was stayed awaiting state court resolution.

No mention, by either Reich or Common Cause, of the methods the prosecutors used in this case, the gag rules and secrecy, the official attempt to squelch public discussion.

Also no mention of the pre-dawn raids, complete with SWAT teams, barking dogs, and pointed guns, as if the political activists (targeted for unsubstantiated campaign finance rule breaches) were violent drug dealers or terrorists.

The lack of mention of those tactics suggests not merely a lack of interest in the real rule-of-law questions, but also an acceptance of those tactics . . . when applied to political enemies.

That is worse than mere corruption.

This is Common Sense. I’m Paul Jacob.

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Police State Apologist