Tag: law

Must the War Go On and On?

Post author By CS Admin
Post date August 18, 2015
13 Comments on 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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Tags addiction, big government, crime, Drug War, drugs, law

Common Sense crime and punishment general freedom jury rights and duties U.S. Constitution

Guess Who Else Nullifies?

Citizens have more power than they exercise. But folks in government aren’t exactly falling all over each other in the rush to help citizens participate and realize their potential.

Take juries. There are few more awesome responsibilities than sitting on a jury. And one of the things you can do, as a juror, is to refuse to follow the law or the judge, instead making your decision contrary to the immediate, official directive. Disapprove of a bureaucracy’s “legal” prosecution of an individual or group? Judge the law as well as the facts. Acquit.

Glenn Reynolds, writing in USA Today, shows that this practice has a long, honorable history in our country — he not unreasonably mentions how northern abolitionists fought the Fugitive Slave Act — and, if you, the juror, push it, “there’s nothing anyone can do about it…

Of course, prosecutors have essentially the same power, since they’re under no obligation to bring charges against even an obviously guilty defendant. But while the power of juries to let guilty people go free in the name of justice is treated as suspect and called “jury nullification,” the power of prosecutors to do the exact same thing is called “prosecutorial discretion,” and is treated not as a bug, but as a feature in our justice system.

Reynolds concisely makes the case that jury nullification is, itself, a designed feature of our American constitutional tradition, and not nearly so buggy as “prosecutorial discretion.”

Why? Its tendency is to liberate us from usurping government action.

Prosecutors’ “discretion” (on the other hand) gives folks in government more power over our lives. And ruins many.

This is Common Sense. I’m Paul Jacob.

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Tags Glen Reynolds, jury duty, jury nullification, justice, law, prosecution

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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Tags Drug War, law, marijuana, police, police abuse

folly general freedom government transparency national politics & policies too much government

Safety, Savings and Symbolism

Post author By CS Admin
Post date June 25, 2015
2 Comments on Safety, Savings and Symbolism

How can the U. S. save $2.5 billion a year, reduce the federal workforce by 4,000 hires, and engage in a symbolic act of undoubted patriotism, all at the same time?

Get rid of the Department of Homeland Security.

Matt A. Mayer, a former DHS employee who claims to have “written more on DHS than just about anyone,” writes in Reason that dismantling DHS would increase co-ordination and decrease inefficiencies.

Since DHS was put in place, in 2003, to increase governmental co-ordination in the face of terrorist threats, Mayer’s charge that it serves the opposite cause should … give us pause.

Establishing the DHS didn’t get rid of turf wars. Why would it? It increased the turf rather than merely reroute chains of communication and command. All other agencies still exist. Extra turf exacerbates co-ordination difficulty.

And then there’s what state and local law enforcement faces: “the multi-headed hydra.” The federal operation remains fragmented, which “only ensures that key items will fall through the cracks between these departments, whose personnel spend far too much time fighting each other for primacy than they should. Our enemies couldn’t ask for a more fertile environment within which to attack us.”

I added the italics, for emphasis.

Ever since Jimmy Carter ran for the presidency on consolidating bureaucratic departments in the nation’s capital, but delivered, instead, new departments, the “logic” of adding new bureaucracies onto old has proven to be the “easy answer” for insiders. But a transparent failure, for everyone else.

So, start over. Get rid of the inefficient monster.

And take heart: republics don’t have “homelands”; empires do. Let’s stop playing the wrong game.

This is Common Sense. I’m Paul Jacob.

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Tags law, National Security Agency, NSA, police, terrorism

folly general freedom nannyism

A Spring in Their Step?

The “Free State” — Maryland — just got a little freer.

Deborah Ramelmeier, Social Services Administration head honcho, has laid forth from her mighty public perch in Maryland’s Department of Human Resources an official directive to the state’s Child Protective Services (CPS).

She finally addressed the issues in the Meitiv case.

You’ll recall that Danielle and Alexander Meitiv allowed their 10-year old son and 6‑year old daughter to walk home together, without a parent or guardian or attorney present, from a public park a mile away. Silver Spring police snatched the two children off the street last December and so began a Maryland CPS investigation for neglect.

In April, the Meitiv kids were again caught flagrantly walking home from a park. This time they were held for more than five hours by police, then CPS, before their frantic parents were informed and the family reunited.

In the midst of threats, accusations, and fears, the CPS neglected to do the one sensible thing you’d expect: articulate a policy position defining just when or how or even if ever children are allowed out in public without constant and direct adult supervision.

That smidgen of sanity came last week, in Ms. Ramelmeier’s otherwise boring, bureaucratic 23-page directive. “Children playing outside or walking unsupervised does not meet the criteria for a CPS response absent specific information supporting the conclusion that the child has been harmed or is at substantial risk of harm if they continue to be unsupervised.”

Shazam! Just like that, “playing outside” and “walking unsupervised” are once again legal.

The children won’t be arrested! And their parents won’t be investigated or threatened with losing their little ones!

This is Common Sense. I’m Paul Jacob.

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Tags child, children, CPS, law, police

crime and punishment initiative, referendum, and recall

No Part Justice

Dr. Annette Bosworth was convicted last week on twelve felony counts. She now faces as many as 24 years in prison, $48,000 in fines … and the likely loss of her medical license.

Her crime? She circulated six nominating petitions to get on the South Dakota ballot in 2014. Thirty-seven people signed — at her medical office and at a Hutterite colony (where she sees patients) — while she was on a medical mission to help typhoon victims in the Philippines.

Dr. Bosworth’s sister was one.

But the affidavit on the petition reads that the circulator must actually witness each person’s signature being affixed. Bosworth should not have signed it.

Hence six counts of perjury and six more, one for each false document filed.

In court, Bosworth testified that her attorney — who legally notarized the petitions — told her she met the legal definition of a circulator.

Last month, I traveled to South Dakota to release a Citizens in Charge Foundation report on this prosecution. One key finding? While the threatened penalty is the most severe any American has ever faced in a petition-related case, Dr. Bosworth submitted signatures of people she knew and who very much did support her. No forgery, no fraud … against the voters.

In response, the state’s largest newspaper reported that, “[Attorney General Marty] Jackley said that it’s ‘well understood in state law’ that the offenses Bosworth faces are punishable by probation and not jail time.” Then after her conviction, Jackley suggested a presumption for “either no or limited actual jail time,” adding, “but that presumption can be overcome by a defendant’s conduct.”

Annette Bosworth should be held accountable. But aiming to ruin her life isn’t any part of justice.

This is Common Sense. I’m Paul Jacob.

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