Category: crime and punishment

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crime and punishment Eighth Amendment rights general freedom

The Case of the Narrow Driveway

nanny state, regulations, government, bureaucrats

Sandy Martinez: mother of three, working hard to get by, whole life ahead of her — why would she sabotage it by failing to perfectly park her car in her narrow driveway such that two of the wheels edged onto the grass?

Think I’m making it up? 

No. It’s true. Some people get distracted and treat their grass as if it were gravel and let their car edge onto it.

Why’dja do it Sandy, huh? Why?

On the hand, it’s her property, so who cares? 

What difference does it make? 

Well, mucho … if you’re Lantana, Florida, which fined Sandy $101,750 for imperfect parking, $47,000 because of storm-​inflicted fence damage, $16,000 for cracks in her driveway.

The good news is that Institute for Justice is litigating on behalf of Sandy Martinez and other homeowners being hit with plainly unjust fines for trivial code violations.

IJ argues that the state and local governments at fault are violating the Eighth Amendment’s prohibition against excessive fines. And the Institute and its clients are winning. The U.S. Supreme Court has just ruled, in Timbs v. Indiana, that this Eight Amendment ban applies to cities and states as well as to the federal government. 

Many locales, perhaps including Lantana, Florida, may still try to get away with the grift despite this definitive ruling. But sooner or later, some judge will throw out the blatantly excessive fines and point to the recent Supreme Court decision.

Help is on the way, Sandy.

This is Common Sense. I’m Paul Jacob.

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crime and punishment First Amendment rights general freedom

Did Steve Baker Commit Journalism?

Steve Baker, journalism, first amendment, free speech

The safest thing to do — politically, anyway — is plant yourself in a corner and sit still. But people tend to want to move around, live, do their jobs.

Steve Baker, reporter for Blaze Media, recently was forced to “self-​surrender” to federal authorities for committing initially unspecified crimes.

Was doing his job the crime? 

His fed-​embarrassing journalism about the January 6 “insurrection” and the way many people have been incarcerated for years for little more than trespassing — was that the crime?

As video of the not-​always- innocuous but often-​innocuous goings-​on of January 6 has been released, Baker has been among those examining the record and noting apparent contradictions in the official story.

When he turned himself in to the FBI last Friday, he was facing charges that the FBI had flatly refused to divulge. But now the Blaze reports that, three years after January 6 “insurrection,” Baker is being charged for things like “entering [restricted areas] without lawful authority” or “parading … in a capitol building.”

Trespassing. Arrested for trespassing three years later? 

Or arrested for his reporting on the events of January 6 and its sequels over the course of those three years?

Before Baker turned himself in, the FBI did give him the information that he should arrive in shorts and flip-​flops. So that, Glenn Beck writes, “it would be easier for them to put on the orange jumpsuit and ankle irons. Suffice it to say, he wore a suit and tie.”

This is Common Sense. I’m Paul Jacob.

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crime and punishment partisanship

Caveat Preemptive

Donald Trump

Were Donald J. Trump an exemplar of strict Kantian honesty; had he a reputation for exactitude about his achievements and acumen; if hyperbole had not become his own very public modus — then, and only then, would the near half a billion judgment against him make even a modicum of sense.

But the former U.S. president and infamous branding entrepreneur is and has always been known to be something of a b.s. artist. No one has excuse to take what he says literally. Business partners and all who make deals with Trump should do their own diligence. Their watchword should be: caveat emptor.

Yet, last week, New York State regulators and prosecutors bent over backwards to find Trump guilty. “On Friday, New York County Supreme Court Justice Arthur Engoron ordered Donald Trump to pay a staggering $355 million for repeatedly inflating asset values in statements of financial condition submitted to lenders and insurers,” explains Jacob Sullum of Reason. “When the interest that Engoron also approved is considered, the total penalty rises to $450 million. All told, Trump and his co-​defendants, including three of his children and former Trump Organization CFO Allen Weisselberg, are on the hook for $364 million, or about $464 million with interest.”

That is a lot of money to protect other businesses from Trump’s characteristic exaggerations, which so appalled the court. But not any of the banks Trump did business with.

No one has been harmed, for Trump repaid all the loans.

There is no victim — making Trump the biggest-​name victim of victimless crime prosecution of all time.

We, the people, know that “honesty is the best policy” is not standard business practice, and that Trump doesn’t always follow it. But we are also not demanding that our governments insert themselves into every successful transaction looking for fibs and fakery.

That would be a recipe for selective prosecution.

Which is just what this case is: selective prosecution of a political opponent.

This is Common Sense. I’m Paul Jacob.

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crime and punishment sports subsidy

A Big Step Over the Vomit

Washington DC, crime, sports

“Two hours before the Washington Capitals play in Chinatown on a crisp November evening,” Candace Buckner wrote recently in The Washington Post, “a man stretches out on the pavement near Sixth and F streets NW, wrapped beneath a gray hoodie that he’s using as a blanket. Around the corner, a woman rolls a blunt outside the arena’s sportsbook entrance, and soon the waft of marijuana will perfume the area. There’s a spillage of vomit, green, near the tree on the sidewalk. Another man, this one cradling his arms behind his back and mumbling, doesn’t seem to notice the mess as he walks over it and bends over to pick up old cigarette butts.”

Might there be some connection between the state of downtown Washington, D.C., and the decision by the owner of both the Washington Capitals hockey team and the Washington Wizards NBA team to relocate them outside the city to Virginia?

“The District faced competition from Virginia,” explained a separate news story, “only because Leonsis had begun quietly exploring a new home for his teams in 2022, after years of complaining about crime and the noise of buskers outside his arena.”

There was not only less vomit but more room to be had in Virginia. For an even more expensive “public-​private partnership” project. 

My fellow Virginia taxpayers and I are not crowing — Washington’s loss is our loss. We will no doubt pay for the privilege of experiencing even worse traffic and pricier tickets to hockey and basketball games … with higher taxes. 

Politicians can make names for themselves with these big sports franchise grabs. That’s what happened 30 years ago in the District of Columbia’s Chinatown. 

But the names have moved on, and now so have the games.

This is Common Sense. I’m Paul Jacob. 

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crime and punishment folly too much government

Ban These Energy Bans

Colorado, Climate, energy, oil, drilling

Several bills pending in the Colorado legislature target the state’s oil industry.

State Senator Kevin Priola, responsible for two of the bills, says he’s acting to stop climate change. To prevent the mass extinction of species, he claims.

One of his proposed statutes would outlaw new oil wells in Colorado after 2030. Another bill would, among other things, outlaw fracking from May through September unless drillers use special hard-​to-​get electric equipment. The same bill would also direct an agency to reduce the number of vehicle miles traveled.

Another lawmaker’s bill would make it harder to produce new wells.

Priola explains that since 50,000 wells already operate in Colorado, his legislation would not much impair production. But Dan Haley, president of Colorado Oil & Gas Association, observes that the highest production of oil wells comes in their first 18 months. Within two years of the 2030 ban, then, the state’s oil industry would sharply decline.

We’re seeing this more and more. Bans and plans to ban gas-​powered lawn mowers, gas-​powered cars, gas, coal, oil. Lawmakers working to shut down civilization. Not all at once, but via ever faster and bigger Interim Steps.

Don’t they see that they too will be harmed when things are no longer permitted to function? Do they imagine that if they achieve all their industry-​killing dreams, all the food, clothing, shelter, transportation, communication will continue just as smoothly and abundantly as ever?

Don’t they think about the day after tomorrow?

This is Common Sense. I’m Paul Jacob.

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crime and punishment ideological culture

Crime: Police or Re-define?

crime, definition, tax

Can crime be defined out of existence?

“Attorney Ben Crump proposed a solution to the issue of high crime that is plaguing the black community,” YouTube commentator Anthony Brian Logan reports on a story that an aging white fellow like myself was not apt to spot. “He said it is easy to identify criminals if laws that target specific groups of people are created. Crump brought up Eric Garner, who lost his life after struggling with police outside of a store when he was accused of selling loose cigarettes.”

Crump says crimes have been defined into existence targeting black communities.

Mr. Logan urges us to understand the context for Crump’s theorizing: the African-​American lawyer “was speaking to a group of black men for an MSNBC special called ‘Black Men in America, Road To 2024.’ The purpose of the special is to rein black men back in and stop them from straying away from the Democratic Party.”

Logan is skeptical that this sort of half-​cleverness is going to cut it with black men, who in increasing numbers are bolting from the ranks of the party created by Martin Van Buren. 

Many of us, of all colors, were extremely sympathetic to Eric Garner, who died at the hands of New York City police trying to block Garner’s unlicensed entrepreneurial effort enabled by high taxes on cigarettes. Yet, the real problem with Crump’s notion is that the worst crime in black neighborhoods is rampant theft and violence, the kind of activity that common sense dictates as criminal no matter who legislates, or why.

Defining crime into existence is not the current cause of increased black crime, Logan says, it’s decreased policing and punishment.

Crump’s argument, counters Anthony Brian Logan point blank, “is stupid.”

This is Common Sense. I’m Paul Jacob.

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