Category: crime and punishment

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crime and punishment judiciary

A Right to Hide Wrongs?

Are public officials entitled to a right to privacy that must be “balanced against” our right to protect ourselves from their misconduct?

Too often, how to adjudicate rights is regarded as a matter of juggling competing interests, whatever those interests may be, rather than of specifying

  • the nature of the relevant right,
  • whether it is fundamental or derivative, and
  • when it does and does not properly apply.

The right to life, for example, entails the right to peaceably earn a living and to acquire and exchange property — but not to steal somebody else’s property.

Thus there’s no call for judges to furrow their brows over how to “balance” your right to your wallet with a mugger’s “right” to it. Whatever rights a thief has, he has never had a right to your wallet. Nor to immunity to the consequences of stealing.

Similar considerations apply to the “right to privacy” of government officials guilty of misconduct in their official capacity.

Whatever information about themselves which, even so, officials may be entitled to withhold from us, this right-​to-​keep-​stuff-​about-​me-​confidential can’t encompass evidence of abuse of power. We are entitled to that information for the sake of combating such abuse and protecting our own rights.

So Eugene Volokh is right to conclude, with respect to the June 11 Chasnoff v. Mokwa decision — a case originating in what certain cops did with tickets taken from scalpers — that it “should be obvious” that “Police officers have no constitutional ‘right of privacy’ in records” of misconduct.

This is really little more than basic law.

Indeed, this is Common Sense. I’m Paul Jacob.

Categories
crime and punishment

Cold War Casualty

The Cold War never quite ended. At least two countries still sport that old-​fashioned “Second World” status of ostensibly communist, definitely totalitarian, and utterly crazed leadership: North Korea and Cuba.

Alan Gross, age 65, was convicted of un-​Cuban activities in 2011, and has since been serving a 15-​year prison sentence. He was a subcontractor, working in Cuba, for the U.S. Agency for International Development. What, precisely, did he do “wrong”?

U.S. officials said Gross was merely trying to help Cubans bypass the island’s stringent restrictions on Internet access. But Cuban authorities say Gross was part of a plot to create “a Cuban spring” and destabilize the island’s single-​party communist government.

The two interpretations are not exactly at odds with one another. Sure, he was trying to bring the Internet to Cuba. And that’s why the communist government was suspicious: free information would likely bolster opposition to the commie way of stasis.

Which just goes to show how awful single-​party states are, how mind-​crushingly awful communism is: restrictive; vindictive; paranoid; cowardly.

These qualities are supposed to be absent from New Socialist Man, of course, qualities found only — at least, in ultra-​left theory — under capitalism and democracy.

But, instead, they serve as hallmarks of governments that cannot trust their subjects with even a smidgeon of freedom.

Gross is now reportedly weak, and has given up on life. Prison life in a prison society is not worth it, he says.

We can hope for a prisoner exchange. But really, what’s needed is a change of government in Cuba.

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment property rights

Property as Persons

Think “corporate personhood” is bad? Well, there’s a far stranger notion in American law: civil forfeiture. That’s where corporeal property is said to have personhood, and thus can be sued — rather than its owner. This goofy doctrine allows governments — state and local, as well as, of course, federal — to take property from people without establishing that the owner had done anything wrong by strict standards of evidence and rules of culpability.

The property is just nabbed, really.

It’s a horrible atavism, an old idea from the bad old days before a rule of law was established. And it encourages governments to be kleptocratic. Whole law enforcement agencies fund their luxuries and perks by this method.

A typical example? “In 2003 a Nebraska state trooper stopped Emiliano Gonzolez for speeding on Interstate 80,” writes Jacob Sullum at Reason, “and found $124,700 inside a cooler on the back seat of the rented Ford Taurus he was driving. Gonzolez said the money was intended to buy a refrigerated truck for a produce business, but the cops figured all that cash must have something to do with illegal drugs.” So the government took the money.

This sort of takings — confiscation — helps drive the drug war, of course.

But it often takes from the innocent as well as the criminal.

Since “suing the property” conforms to neither normal civil nor criminal law, it’s all rigged in the government’s favor. It’s scandalous that courts have ruled it constitutional. Something has to be done to curb its use in America.

Rand Paul wants to reform civil forfeiture. Seems like an awfully small step. How much better to abolish it!

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment

When the State Spanks Parents

Be a parent, go to jail?

Should it be normal for parents to get arrested for making normal parental decisions — just because someone else believes it’s a mistake?

I’m not talking about demonstrable child abuse. I’m talking about the kind of decisions Radley Balko cites in a column on “the criminalization of parenthood.”

In one case, a South Carolina working mom was jailed for “unlawful conduct toward a child” — for letting her nine-​year-​old play in a well-​attended park while she worked at McDonald’s. Social services took the child.

In another case, an Ohio father faces six months in jail because, unbeknownst to him, his eight-​year-​old son skipped church to play with friends in the neighborhood.

In a third, an Illinois woman was arrested for leaving a stubborn eight-​year-​old in her car for a few minutes while she dashed into a store.

We may disagree with what the parents did here (to the extent they could have done anything different). But arrest? Jail?

For six months?

One minute?

In the world that these incidents prefigure, the only way for parents to be “safe” in using our judgment will be to stop using it.

This would be life under the tyranny of “experts” and busybodies: to always project what the most skittish and punitive “authority” would require — and to do that instead of what we ourselves consider appropriate given all relevant, sometimes difficult circumstances.

Final question: What lesson does this brave new regime teach the children?

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment tax policy

Overkill America

The death of Eric Garner, a 43-​year-​old Staten Islander, by police chokehold, not only sparked in me the usual combination of sadness, anger and frustration — there was an additional element: would this do it?

Would the nation’s shock, incredulity, indignation amount to anything?

Lots of questions. But one thing not being focused on in the standard reports was noted by Scott Shackford of Reason. It’s not merely a question of why the bust went so violent. Why, he asks, a bust at all? “We should be concerned that the reason why the police swarmed Garner in the first place is getting lost. He allegedly possessed ‘untaxed cigarettes.’ That is it.”

A tax matter.

The police are arresting people — and going into overkill mode in the process — on tax matters.

Couldn’t this such issues be handled by mere citation, followed by a court summons? With an arrest the last resort?

Why go all violent when violence is not really in order?

But maybe it’s not just about the taxes. Or “contraband.” Maybe this is also about “drugs.” (Yes, tobacco’s a drug.) We’ve long had a “War on Drugs” in this country. It has not gone well. As I suggested last week (as well as yesterday, on Townhall), the effects have not only been wide and deep, but inevitable.

War is like that. Expect the “unintended consequences.”

Scott Shackford suggests that New York lower the city’s high sin taxes on cigarettes.

But maybe the whole mindset of the modern state needs changing. Big things, like murder, slavery, etc., those are worth fighting about. Let’s not go to war over the little things.

This is Common Sense. I’m Paul Jacob.

Categories
crime and punishment insider corruption

Free Talkers Now

Ah yes, “criminal schemes.”

The Weekly Standard reminds us that when partisan Democrats declare Wisconsin Governor Scott Walker to be “at the center of a ‘criminal scheme’ in which Walker’s campaign illegally coordinated political activity with outside organizations,” they neglect the fact that two judges have already determined that the “case” against Walker is worse than bogus.

“Political coordination” seems to be an infinitely elastic category of pseudo-​crime applicable to anyone a political apparatchik chooses to target. You “politically coordinate” if you’re a) political active, b) share political values with any other activists, and c) read the newspapers, talk on television. If “political coordination” is criminal, so is freedom of speech and freedom of association. It’s all the same species of delinquency.

Wisconsin district attorneys abused power to harass reformers like Governor Walker, my colleague Eric O’Keefe, and others into (what they hoped would be) silence and ineffectuality. Despite a gag order intended to shut up the victims, though, Eric has spoken out; and he’s sued Milwaukee County DA John Chisholm.

In May, federal Judge Rudolph Randa observed, for one thing, that the “theory of ‘coordination’ forming the basis of the investigation, including the basis of probable cause for home raids, is not supported under Wisconsin law and, if it were, would violate the United States Constitution.” Randa granted a preliminary injunction (pdf) to stop the probe.

I’m hopeful that the bad guys won’t win here. We still have the First Amendment.*

This is Common Sense. I’m Paul Jacob.

* Though, 44 U.S. Senators are proposing to repeal it.