Tag: law

Beggar Thy Philanthropist

seatbelt, trap, police, Regina, Saskatchewan, illustration

Making up petty rules and enforcing them is one thing governments do well.

On Monday I warned about the dangers of asking too much from government. I think, today, I’ll make the opposite warning: of not asking enough.

Mandatory seatbelt laws were enacted (sometimes by citizens initiative and referendum) to save people’s lives. But the reason many police and local jurisdictions like these laws is that it gives them a chance to engage in shakedowns, entrapping citizens into non-compliance, and then socking them with fines.

In Regina, Saskatchewan, a man pulled up to an intersection and saw a down-and-outer with a sign. He felt sorry for him, so, as he pulled up, he unbuckled his seat belt and pulled three bucks in change out of his pocket. And dropped the three dollars on the curb.

A few moments later, police stopped him, and handed him a ticket. The “homeless guy” with the sign turned out to have been an undercover cop, and the few moments without a seat belt was enough to charge our philanthropist $175 Canadian.

Though an obviously preposterous misuse of police time and attention, and an abuse of the citizenry, Regina’s police force remains adamantine, claiming that “this is nothing new. It’s part of a project that has police watching for traffic violations at intersections.”

Because this sort of thing only hits people almost at random, but the benefits are concentrated on police coffers, it’s hard to organize against such nonsense. Which is precisely why such nonsense goes on.

Still, we must prevent such abuse at the local level, if we’re ever to control the federal leviathan.

This is Common Sense. I’m Paul Jacob.

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Tags Canada, law, police, seat belts, ticket

education and schooling folly ideological culture nannyism national politics & policies too much government

Toiletarianism

toilet, bathroom, trans, transgender, sex, gender, law, folly

President Obama and other politicians are taking a wide stance over the nation’s public restrooms. Important bathroom policy will finally be determined at the highest levels.

Last week, public educators nationwide received a legalistically-worded letter from the Departments of Justice and Education explaining how to legally treat transgender students under Title IX of the Civil Rights Act. CNN boiled it down to “Fall in line or face loss of federal funding.”

Friendly federal “guidance” comes after dueling lawsuits between the Feds and North Carolina over that state’s House Bill 2, which establishes statewide restroom regulations. Those regs require that transgender folks use the bathroom appropriate to the sex listed on their birth certificate (whether Kenyan, Canadian or other).

Obama wants Americans to choose the restroom matching their self-chosen “gender identity.” Conservatives seem most worried that his policy is so loosely defined as to allow non-transgender male persons to simply claim to be transgender in order to shower with the girls volley-ball team or lurk in the powder room.

“Have we gone stark raving nuts?” questioned Sen. Ted Cruz, proclaiming: “Grown adult men, strangers, should not be alone in a bathroom with little girls.”

In California, there’s legislation to force businesses to make “all single-stall public restrooms” gender neutral. “Let’s make a clear statement that, if you want to go pee, by all means help yourself,” argued the proposal’s author.

Transgender people should be treated with care and respect, as should every person. But do we really need a national bathroom policy designed for maximum division in an election year?

Before politicians solve today’s glaring non-problem in public restrooms, they should solve a real problem first.

Just one.

This is Common Sense. I’m Paul Jacob.

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Tags bathroom, folly, gender, law, sex, toilet, trans, transgender

Accountability crime and punishment moral hazard national politics & policies property rights too much government U.S. Constitution

Return to Robbery

civil asset forfeiture, asset, forfeiture, police, abuse, stealing, theft, property, Common Sense

Last week, the crooks in Washington proved themselves nice enough to let us know that their rip-off machine is back in action. The Obama Justice Department announced the resumption of the “equitable sharing” program, whereby the Feds sing Kumbaya with state and local police while sharing the loot they snatch from innocent folks through “civil asset forfeiture.”

Yes, there again is that strange three-word, legalistic, police-pocketing term: civil asset forfeiture.

Free country? Not so long as local police and federal government agencies seize people’s stuff without ever charging or convicting those people of a crime. Simply by claiming suspicion … about their stuff.

To get their money or property back, the victims must hire an attorney and sue the government. Guilty until proven innocent. Only those raking in the ill-gotten gains are shameless enough to defend this completely un-American practice.

Which more than doubled in use during President Obama’s first five years in office, according to The Washington Post. Today, police and various government agents actually take more value from innocent Americans through civil asset forfeiture than do burglars through burglary.

“As President Obama counts down the days of his last year in office,” the Cato Institute’s Adam Bates wrote back in January, “one positive step he could take for his legacy would be to halt the federal government’s use of civil asset forfeiture and make the suspension of the equitable sharing program permanent.”

Yet, despite Mr. Obama’s talk about criminal justice reform, and despite his ability to bring justice with a stroke of his pen (and actually within his constitutional authority), last week the Feds instead went back to business as usual, ripping people off.

This is Common Sense. I’m Paul Jacob.

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Tags asset forfeiture, civil asset forfeiture, corruption, crime, law, police

crime and punishment folly ideological culture responsibility too much government

Pincher, Pinchee

police, crime, law, rights, pinch, juvenile, illustration

Limited government sports several rationales. The need for it pertains on many levels. One such level we don’t think about enough? This: Not every rights violation warrants calling in the law.

Take the strange case of Breana Evans, 12-year-old assailant, charged with misdemeanor battery.

What did she do?

She pinched the gluteal posterior of a boy she did not know.

Now, pinching the butt-end of strangers is a breach not only of decorum (to the extent that this standard we call “decorum” even exists any more), but of a pinchee’s rights.

Yet it was a mere pinch.

And the boy did not press charges.

The school’s “resource deputy” did not arrest her; she was merely suspended from school.

It would have remained a minor matter (so to speak) had not the boy’s mother “insisted to police that he was the victim of battery, and so they had no choice but to arrest Breana,” as Robby Soave explained over at Reason. “She was Mirandized and put in a patrol car. They took her mugshot and booked her into juvenile detention.”

The escalation of the dispute over carnal rites and personal rights into a matter fit for the police is, it seems to me, a grave result of a sort of cultural hysteria about all sorts of things. The willingness of some adults to push children through our harsh, bureaucratic, and often ruthless criminal justice system is sad to behold.

It is more indecent than a pinch.

This is Common Sense. I’m Paul Jacob.

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Tags assault, child, children, crime, law, public schools, rights

crime and punishment general freedom moral hazard privacy property rights too much government

Taking Our Stuff Back

civil asset forfeiture, police, abuse, robbery, Common Sense

There’s been a big push for criminal justice reform, with some recent progress on civil asset forfeiture.

This is the process through which police and government agencies grab a citizen’s money or property — even if the citizen is never charged with a crime, much less convicted. Then, to get one’s stuff back, a citizen must sue to prove the stuff was innocent of being involved in criminal activity.

Asset forfeiture without a criminal conviction turns our system of justice on its head, encouraging bad behavior by police — ahem, stealing — by rewarding departments and agencies that get to keep the loot.

Reform legislation passed through an Oklahoma House committee earlier this week and now goes to the full House. Television News 9 in Oklahoma City began its report by acknowledging that, “A watered down version of the civil asset forfeiture bill has crossed another hurdle in the state Legislature.”

That’s because a bill to end civil asset forfeiture outright had already failed in the Senate. The currently pending legislation requires that citizens who sue to recover their property and win be awarded their legal fees.

It’s progress … but still not justice enough.

Late last month, Wyoming’s Gov. Matt Mead signed reform legislation mandating that there be a probable cause hearing before the legal forfeiture process can begin. Good. But that was after Gov. Mead vetoed a better bill, which stopped all official, convictionless snatching of stuff.

Police taking people’s stuff without having to prove a crime must be ended altogether, abolished. That means we better stop waiting for politicians. Instead, petition this important principle directly to the people — use ballot initiatives in cities and states across the country.

No time like the present.

This is Common Sense. I’m Paul Jacob.

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Tags asset forfeiture, ballot initiative, civil asset forfeiture, law, police, police abuse

Accountability general freedom government transparency initiative, referendum, and recall Regulating Protest responsibility too much government

Fake Emergencies & Genuine Democracy

Post author By CS Admin
Post date February 25, 2016
1 Comment on Fake Emergencies & Genuine Democracy

initiative, legislature, Colorado, Oregon, emergency, emergency clause

Legislators aren’t honest.

Or maybe in Colorado and Oregon they just don’t understand the meaning of words … like “safety” and “emergency.” (Heck, there was once a politician unsure of what the meaning of the word “is” is.)

“The state constitution gives Coloradans the power to challenge news laws through citizen initiative,” explains the Independence Institute’s Mike Krause in a recent Freedom Minute video.

In order to force a popular vote, the referendum process requires citizens to submit petitions before the “effective date” of the new law. If a law is deemed truly “vital to public peace, health and safety,” however, the legislature may add what’s known as a “safety clause.” That puts the law into immediate effect … thereby blocking the people’s referendum power to petition that new law to the ballot.

Krause discloses that a majority of 2015 bills passed in Colorado contained so-called safety clauses — 68 percent in the Senate and 55 percent in the House.

In Oregon, the tactic is referred to as an “emergency clause.” There, too, most bills are passed as emergencies to block any citizen response.

Tired of legislators using fake emergencies to disenfranchise voters, attorney Eric Winters drafted an initiative mandating a two-thirds vote of both House and Senate for legislation with an emergency clause. Now a grassroots coalition has formed to petition his “No More Fake Emergencies Act” onto the ballot.

Last year, The Oregonian warned that by “abusing the emergency clause” and “attacking the prerogatives of voters,” legislators were inviting “a backlash.”

Taking the initiative, citizens will stop fake emergencies with genuine democracy.

This is Common Sense. I’m Paul Jacob.

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