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crime and punishment general freedom national politics & policies too much government

Loose Cannon as Prez

“If I order the killing of someone,” Philippines President Rodrigo Duterte said last Friday, “you cannot arrest me: I have immunity.”

Yikes. Nearly everything negative imputed, perhaps dubiously, to Donald Trump applies double to Duterte, without a hint of dubiety.

Ordering killings with impunity? Only the U.S. president can do that.

The former mayor of Davao City was in the news during his presidential bid, for his ultra-​Trumpian outbursts, saying daring, ugly, even wicked things.

Most scandalous was his remark about a young woman who was gang raped in his home town. It was “only a tragedy,” as Breitbart​.com phrases it, “because he himself did not get to have sex with her first.”

Vile, yes; downright evil.

And terrifying coming from a politician entrust with protecting his countrywomen’s rights.

But then, Duterte is clear: he doesn’t care about human rights.

In his ruthless war on drugs, he’s instructed drug-​warrior police to shoot first, ask questions later. The nation’s “narco-​mayors” (politicians who cooperate with drug dealers) are begging for protection, leniency, anything. If those mayors have armed defenders, Duterte threatens to have the Air Force bomb them.

The American ambassador to the Philippines has publicly censured Duterte, but not (that I’m aware of, anyway) for humans rights violations, but for Candidate Duterte’s earlier rape comment. Duterte struck back calling the ambassador names and claiming his public condemnation was out of line, undiplomatic.

True enough.

I guess that’s why Secretary of State John Kerry just “inked a deal,” says Breitbart, sending $32 million to support Duterte’s war on drugs.

Duterte’s response? “[L]et’s insult them again so these fools try to make amends again.”

Fools, indeed.

This is Common Sense. I’m Paul Jacob.  


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Rodrigo Duterte, Philippines, President

 

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Accountability crime and punishment general freedom moral hazard nannyism national politics & policies privacy property rights

A New Way to Steal

The fight against government theft of private property, through “civil forfeiture,” just got a little harder.

There’s a new technology available: ERAD card scanners.

And the Oklahoma City Police Department’s joint interdiction team has them, and can use the scanners to take money from you without your consent.

What money, in particular? The money you have stored in pre-​paid debit cards.

ERAD stands for Electronic Recovery and Access to Data, and the ERAD Group, Inc., stands to make a lot of cash from the technology. Police around the country want to be able to take the funds secured in debit cards. It’s the latest thing in the war against the war against the War on Drugs.

Drug traffickers, we’re told, hide dozens of such cards in vehicles transporting drugs.

It’s not enough that police can, in the course of investigating a crime — without conviction, mind you; indeed, without charges being filed — confiscate the cards themselves.

The police also want to be able to siphon the money out of those cards.

Which leads to corruption. Which is already rife in civil forfeiture usage, as a recent Oklahoma state audit found — missing money, misused funds, that sort of thing.

The cavalier way in which government officials defend expropriation by ERAD scanners is chilling. In an Oklahoma Watch article, reporter Clifford Adcock relates the official explanation: “These cards are cash, not bank accounts.… Individuals do not have privacy rights with magnetic stripe cards.” Why not? Because the information on the strip “literally has no purpose other than to be provided to others to read.”

That’s so open to logical criticism you could drive a confiscated truck fleet through it.

This is Common Sense. I’m Paul Jacob.


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ERAD, gift card, civil asset, forfeiture, stealing, theft, drug war

 

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Accountability crime and punishment free trade & free markets general freedom moral hazard nannyism national politics & policies

The Peace Dividend

Has the War on Drugs actually, finally, made some progress?

Well, yes … but, really, no.

“Legal marijuana may be doing at least one thing that a decades-​long drug war couldn’t,” explains Christopher Ingraham in The Washington Post’s Wonkblog, “taking a bite out of Mexican drug cartels’ profits.”

Certainly “legal marijuana” is not the drug war. It’s that war’s antithesis.

Let’s recall, too, that legalization didn’t come about after five decades of drug war failure because politicians came to their senses, admitted their mistakes and advocated a different approach.

Instead, frustrated citizen leaders teamed up with successful entrepreneurs to launch ballot initiatives, allowing voters to directly decide the issue.

Domestic production isn’t driven merely by Colorado, Oregon, Washington State and the other Washington, the nation’s capital, where voters fully legalized possession. Marijuana for medical use is legal in 23 states, including California, where most domestic marijuana is grown. In these states, pot is widely prescribed.

Thus, a quasi-​legal domestic marijuana industry was created. Lo and behold, now pot produced in the good old USA is outperforming pot grown south of the border.

The Drug Enforcement Agency (DEA) acknowledges that U.S. marijuana is being illegally smuggled into Mexico. (Maybe the smugglers will pay for the wall.)

On the other hand, what does it matter that the Mexican drug cartels are losing market share to non-​violent American businesses?

Well, those cartels have waged a war with the Mexican government killing more than 164,000 citizens between 2007 and 2014. Less profit to fuel the Mexican drug lords in that bloody war is more for our peace and security.

This is Common Sense. I’m Paul Jacob.


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legalization, pot, marijuana, crime, drug war, illustration

 

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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?

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

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?

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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crime and punishment general freedom too much government

Why Police-​State Tactics?

What do the War on Drugs, the War on Terror, and campaign finance law have in common?

Police-​state tactics.

Most folks now understand how the War on Drugs and the War on Terror can erode civil liberties — but how does campaign finance law fit in with the other two?

My weekend Townhall column explains.

Several years ago, Wisconsin’s Republican Governor Scott Walker sought to tame public unions in his state, and against much opposition — quite a bit of it national — not only succeeded in changing law but beat back a recall vote as well.

So Democratic Milwaukee County District Attorney John Chisholm orchestrated a crack-​down on conservative groups supportive of Walker’s reforms, complete with night-​time SWAT-​team raids on the homes of activists who were, they judged, “on the wrong side.”

The thin rationale was possible campaign finance violations, the idea that citizens and their organizations “coordinating” with the governor to advocate for public policies is somehow illegal.

The police state tactics were used because they were available. And obviously thought to be politically acceptable. That the courts have now ruled the means — indeed, the whole probe by prosecutors — unconstitutional doesn’t negate the terrifying fact that the state used such horrific methods to attack peaceful people.

Clearly, people in government have used understandable fears regarding drugs and terrorism to erode our liberties, even when the “crimes” they fight with such illiberal overkill have nothing — absolutely nothing — to do with drugs or terror.

Except the drug that is — and the terror wielded by — out-​of-​control government.

This is Common Sense. I’m Paul Jacob.


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Law Corrupted

 

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crime and punishment general freedom too much government

Marauding Cops

Policemen who perpetrate acts like those I am about to describe should be imprisoned.

That’s not an anti-​police statement, it’s a pro-​law-​and-​order one. Anybody who vandalizes the property of innocent people and pointlessly terrorizes them, whether flashing a badge as prelude or not, should be arrested, prosecuted, convicted and punished.

Santa Ana police raided a medical-​marijuana dispensary, a legal business in California. Why? Solely because it lacked a license.

Techdirt​.com, which has videos of the raid, suggests that although “having the proper paperwork in place is important” — and it sure seems to be if not-​being-​raided is also important to you — the shop was in line to get the license. The process had been bogged down by local politics.

Nevertheless, officers on site “treated this lack of proper paperwork like it was the Zeta Cartel operating under its nose. The video captured by the dispensary’s cameras shows heavily-​armed cops — some wearing ski masks — smashing through two doors and yelling at the peaceably-​assembled customers to lie on the floor.”

We then see the jolly officers sampling the shop’s foodstuffs, playing darts, and ripping cameras off the wall.

They missed a couple. (Hence Techdirt’s extensive video coverage.)

Motive? It seems apparent that they engaged in all this abusive authority-​flaunting just because they could.

And there is no real doubt that they knew what they were doing was wrong, and they knew that we would know. That’s why they went for the cameras.

Just like any gang trying to get away with something.

This is Common Sense. I’m Paul Jacob.


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Out of control cops

 

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crime and punishment

Cops as Robbers

If there’s anything that cops should not be, it’s robbers.

By “cops” I mean anyone, including prosecutors, charged with protecting us against criminals. The guardians should not become predators themselves.

Thankfully, these two presumptively opposite categories of men have not become wholly indistinguishable — yet. But every day brings more evidence that we’re skating closer to that abyss.

Consider the police raid on the Michigan home of Ginnifer Hency, whose alleged crime was possession of marijuana with “intent to deliver,” i.e., to use it to assuage her own disease-​caused pain, as well as that of others for whom she is a registered caregiver. Hency is fully compliant with all state law. A judge has therefore dismissed the charges wrongly brought against her.

At least one official involved in the case, then, has exhibited the respect for rights and justice that all should be exhibiting.

Good.

But questions remain.

Why was her home raided to begin with? Why was she charged? Why did police use the raid to grab loot, everything from TV sets to her kids’ cell phones and iPads?

And why, after the charges were dismissed, did a prosecutor gloat that he didn’t have to return Hency’s belongings, that “I can still beat you in civil court”?

Actually, we don’t need to know the motives of such thugs to know that they must be stopped.

The Michigan House is considering bills that would make this type of legalized robbery harder.

It should also be punishable.

This is Common Sense. I’m Paul Jacob.


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Police Crooks

 

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crime and punishment

Life in Prison [x 2]?

As I worried, this weekend, about Dr. Annette Bosworth, and her future sentencing for the “felonies” (minor infractions) she committed in South Dakota, others were similarly anguished about Ross Ulbricht.

A judge just gave him two life sentences in prison for setting up the “Dark Web” anonymous trading service “The Silk Road.” He begged for leniency — “just give me my old age,” the 31-​years-​old pled — but District Judge Katherine Forrest proclaimed “lawlessness must not be tolerated,” judging Ulbricht “no better a person than any other drug dealer.”

According to the BBC, “Prosecutors say that six people who died from overdoses bought drugs via the site and that such untraceable deals earned Ulbricht at least $18m.” This is supposed to make us hate him as a “drug dealer.”

Which he wasn’t. He set up a trading website — albeit a no-​tax, black-​market one. The actual trades were the responsibility of the traders. Like on eBay. Emptors caveated, knowing what they were doing.

Curiously, his site could only be accessed using software produced by the U. S. government. Using the judge’s rationale, maybe the federal government should be tried?

Some would say that drug overdoses are the responsibility of the drug users — but more to the point, the main factor in illegal drug overdoses remains their illegality. Not given the sunshine of a legit market, actual dosages are hard to manage: producers don’t usually bother with consistency, immune as they are to the reputation aspects of legal markets, not to mention any regulation or tort law influences that affect legal products’ safety.

In reality, those six deaths are more a result of the government than Mr. Ulbricht.

This is Common Sense. I’m Paul Jacob


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Ross Ulbricht