Category: crime and punishment

Categories
crime and punishment general freedom

Police Officer Un-indicted

We’re naturally worried about the potential for police abuse of power — cops who roust people for no good reason, then claim that the other party was “resisting arrest” or some such thing.

But sometimes it’s the person on the other side of the badge who reconstructs history.

Several days ago, a story broke about Django Unchained actress Danièle Watts, who is African-​American, being accosted along with her white boyfriend by a police officer who wanted to see their IDs. Both later suggested that they were targeted by police for racial reasons. On her Facebook page, Watts reported that she “was handcuffed and detained by two police officers … after refusing to agree that I had done something wrong by showing affection, fully clothed, in a public place.”

But audio of the encounter that has come to light shows an officer politely asking for ID, and explaining that he was responding to a call. (The caller had claimed the couple were having sex in public.) The officer is calm; Watts is persistently histrionic. She brings up race; he says race wasn’t the issue, sexual activity in public was.

We can argue about whether the officer should have handcuffed the actress in response to her recalcitrance. (Apparently, an accusation is all that is required to trigger police power, a demand to “see our papers.” It’s hard not to be on Ms. Watts’s pro-​freedom side on that.) But now that this recording is out there, her original version of the encounter just won’t stand.

Enough reason to put video-​recording devices onto every police lapel … in L.A., in Ferguson, everywhere.

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment

Sweat the Small Stuff

Like most Americans, I pride myself on being able to detect irony at seven paces. Skimming through the news, I can certainly detect sarcasm (which is to irony what a cannon is to sidearms), as in this first paragraph from Reason magazine’s online pages:

Los Angeles City Council today approved a new citation system.… This new system allows the Los Angeles Police Department to cite residents for a whole host of minor crimes that used to result in warnings (and potentially misdemeanor charges if police felt like pressing the matter). Now it’s a way for the city to extract more money from residents for minor issues, and I’m sure that won’t be abused at all.

The point that Scott Shackford is making: the new system will be abused. When he tells us that “the city predicts it’s going to take in $1.59 million in revenue a year,” we see the reason for predictable abuse: money as well as power.

Mr. Shackford worries about the effects, about the people who will be caught in this net for all sorts of small little infractions of laws that they probably don’t even know exist. He wonders, he says, “if I should warn my neighbors, several of whom have friendly dogs they take outside to walk without leashes. It’s rarely a problem and I don’t hear complaints (except for this one little dog with a Napoleonic complex. There’s always one).”

My big worry? These sorts of laws (like: don’t put signage up on telephone poles, though “everybody is doing it”) hit the poor the hardest. The fines, starting at $250 a pop, are not insignificant.

A few of those and you might as well call yourself a member of a persecuted class.

Welcome, friend. The modern state seems bent on making us all members of that class.

No irony, here; just Common Sense. I’m Paul Jacob.

Categories
crime and punishment

“Rapine” Is Not “Republican”

A few weeks ago, when the Ferguson, Missouri, protests were well underway, a few crucial facts emerged from the tumult.

A graph showed that Ferguson led the state — by a wide margin — in arrests per capita.

While it’s true that Ferguson could be that much more violent and criminal than every other city in the state, somehow that possibility doesn’t seem very plausible.

When we learned that “86 percent of stops, 92 percent of searches and 93 percent of arrests were of black people — despite the fact that police officers were far less likely to find contraband on black drivers (22 percent versus 34 percent of whites)” … well, the whole thing stank of something other than a mere crime problem.

It’s a policing problem.

And, of course, a “war on drugs” problem.

Another fact, from the same source: “Ferguson receives nearly one-​quarter of its revenue from court fees; for some surrounding towns it approaches 50 percent.”

No way to run a government. Journalists and activists call such regimes “for-​profit policing,” and cite the rise in civil forfeiture practices as encouraging and solidifying the method.

But “for-​profit” is a bit of a misnomer.

It’s more like rapine (an old word you might most often see paired with “pillage”) than “for-​profit.” It’s a looting system, while “for-​profit” suggests selling a service freely on the market and earning rewards for filling consumer needs. Ferguson basically engages in shaking down a population of people, repeatedly profiling and harassing them, extracting as much of their wealth as can be had —  Frédéric Bastiat’s “legal plunder” comes to mind — and leaves them to … protest, later.

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment

Your Local Vortex of Despair

I don’t know about you, but through the years I’ve received my share of traffic tickets and parking citations. Minor stuff overall, seventy dollars here, a hundred bucks there, a couple hundred smackeroos if caught in the wrong speed trap.

Sometimes the cost made me say ouch. But like most folks I just pay the tickets. And try to slow down.

But if you are poor, struggling, climbing the ladder from one of the bottom rungs?

Different story. And a speed trap set up by your local police or the state troopers, then, has a much different punch to it.

Could traffic tickets be instruments of tyranny?

Well, the $150 some of us can pay with a mere wince another simply cannot pay, or can only pay at the expense of a child’s supper, or replacing a balding tire on the car, or … worse.

And those who cannot pay, despairingly, often shirk the “duties” they cannot perform. Like coming to court to pay the fines they can’t pay. And then they get arrested. And then serve time.

A few more “and thens” and their lives are wrecked. Along with the lives of their children.

Radley Balko tells several such stories in his recent article, “How municipalities in St. Louis, Mo., profit from poverty.” He explains the very human costs of speed traps and other penny ante scofflaw “services” the police inflict all around Ferguson, the scene of last month’s protests and violence.

Balko quotes one observer, who describes the whole system as a trap for the poor, sucking them into a “vortex of despair.”

Stop punishing the working poor with excessive fines. Vanquish the vortex!

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment too much government U.S. Constitution

Thieves With Badges

Civil forfeiture is the government practice of taking property from citizens without due process, but while pretending that it’s all above-​board. When police say they suspect a crime, they can impound property associated with that crime. “Civil forfeiture” is the legal legerdemain: instead of suing the owner, the government sues (get this) the property itself.

And, because of this trickery, burden of proof is inverted: victims must prove their innocence and their right to the impounded property.

Generally, governments keep it. Some police departments are “rolling in the dough” they get from impounding property.

This has been known for some time; I’ve written about it before. But now the Washington Post has finally taken notice … and unearthed a new element to the story.

“Behind the rise in seizures is a little-​known cottage industry of private police-​training firms that teach the techniques of ‘highway interdiction’ to departments across the country,” the Post’s report relates. There’s even a private intelligence network, the Black Asphalt Electronic Networking & Notification System, through which police “share detailed reports about American motorists — criminals and the innocent alike — including their Social Security numbers, addresses and identifying tattoos, as well as hunches about which drivers to stop.”

Participating police officers compete to steal more and more booty from drivers and their passengers.

Yes, it is stealing. It is only nominally “legal.”

Unfortunately, it is only one practice among many that have turned local police departments into the moral equivalent of gangland robbers.

If you say you want limited government, this is an issue ripe for protest. And lobbying for reform. And citizen initiatives.

For starters.

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment insider corruption

Learning Lerner’s M.O.

I fib. We’re not really learning anything new about Lois Lerner’s modus operandi. It’s just the same old wiping of evidence — evidence that she and others at IRS knew was relevant to congressional inquiry into IRS misconduct.

Lerner is the former IRS department head in charge of reviewing applications of non-​profits for tax-​exempt status. Her department targeted right-​leaning applicants for special obstruction and delay. The practice began to come to light a couple of years ago.

Congress has asked for a great deal of documentation from the Internal Revenue Service that has yet to be supplied, including all of Lerner’s pertinent email. As I’ve discussed before, the IRS has claimed that her hard drives accidentally crashed in June of 2011 — and not hers alone — so that much of the relevant email is gone.

No backups on any server, either.

It all sounded pretty bogus back when the story was “hot.” And now, according to testimony of an IRS employee just filed in the case of Judicial Watch, Inc. v. Internal Revenue Service, it transpires that Ms. Lerner had a BlackBerry on which her email traffic was routinely duplicated … and that this device was wiped in June 2012, months after Congress started asking questions about the ideological targeting of applicants for tax-​exempt status.

Judicial Watch, my hero, is now urging the court to require the IRS to divulge the relevant dates of the wiped data, then subpoena BlackBerry for the data. Because we all know that it hasn’t really disappeared forever into the black hole at the center of the galaxy.

This is Common Sense. I’m Paul Jacob.