Tag: law

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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Tags Annette Bosworth, Dr. Annette Bosworth, justice, law

crime and punishment education and schooling folly general freedom too much government

Under Their Thumb

What if police grabbed your children off the street and held them for five hours?

Alexander and Danielle Meitiv of Silver Spring, Maryland, have been investigated three times. First, when their children were discovered playing by themselves in a park a block from their home. The second time when police picked up the kids walking home from a park about a mile away. The third investigation was launched when the Meitiv’s 10-year-old son and 6‑year-old daughter were arrested and held for five hours for walking home from a different park.

Nothing came of the first investigation. In the second, CPS originally found the couple guilty of “unsubstantiated neglect.” But last week, the Meitivs received a letter from Maryland’s Child Protective Services (CPS) now ruling out neglect in the second investigation.

Gee whiz, it’s good news. But the Meitivs still have investigation No. 3 to contend with. And CPS remains completely mum on whether the agency’s letter means the Meitivs and other parents can now freely allow their kids to walk to and from public parks and other venues.

Or not.

Can we really live in the “Land of the Free” and our children not be free to walk in public? What kind of freedom is that?

If the Constitution isn’t sufficient to stop police and child welfare [sic] agencies from snatching kids off the street, terrifying them, investigating their parents and threatening to take those children, we need to pass new laws granting children the right to walk down the street …

… as long as it’s okay with their parents.

This is Common Sense. I’m Paul Jacob.

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Tags children, constitution, free range, kids, law

crime and punishment general freedom too much government

The Right to Ignore Leviathan

Post author By CS Admin
Post date May 15, 2015
6 Comments on The Right to Ignore Leviathan

Charles Murray, author of Losing Ground and other controversial books, has a suggestion. For business people. Pillars of the community. Fine, upstanding citizens.

Civil disobedience.

He’s suggesting, says John Stossel, that we ignore the parts of government that don’t make any sense, all the nonsense in the big books of the regulatory state.

Murray’s done this in his latest, intriguingly titled book, By the People: Rebuilding Liberty Without Permission. Stossel discusses it on reason.com:

Murray says, correctly, that no ordinary human being — not even a team of lawyers — can ever be sure how to obey the 810 pages of the Sarbanes-Oxley Act, 1,024 pages of the Affordable Care Act or 2,300 pages of Dodd-Frank.

What if we all stopped trying? The government can’t put everyone in jail.

This is a provocative idea, even if not new.

Henry David Thoreau spent a night in jail for not paying the poll tax, a tax that helped pay for the Mexican war he so despised (and was right to despise). Thoreau eloquently argued for civil disobedience in such cases; Herbert Spencer did something similar, in his 1851 Social Statics, with the chapter “The Right to Ignore the State.”

It is a risky tactic, of course. Thoreau was, after all, incarcerated for that night. You could wind up spending more time in the hoosegow.

Still, it could be worth it. Civil disobedience has good effects. Stossel cites “historian Thaddeus Russell [who] reminds us that many freedoms we take for granted exist not because the government graciously granted liberties to us but because of lawbreakers.”

It’s another path for citizen-initiated reform.

And it’s Common Sense. I’m Paul Jacob.

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Tags Charles Murray, civil disobedience, Dodd-Frank, law, laws, Losing Ground

crime and punishment general freedom government transparency judiciary national politics & policies

Court Vindicates Snowden

Sometimes if you postpone something long enough, someone else will do the job.

Last week, when the U.S. Court of Appeals for the Second Circuit ruled the National Security Agency’s metadata collection program unlawful, I immediately saw it as a vindication of Edward Snowden and his “illegal” leaks.

It will be hard to charge the man with treason for uncovering programs that have been determined, in court, to be themselves treasonous — or at least unconstitutional.

But I was busy last week; didn’t have time to make the case.

Nicely, Noah Feldman made it for me, at Bloomberg View. “This is the most serious blow to date,” writes Feldman in his May 7 article, a blow against “the legacy of the USA Patriot Act and the surveillance overreach that followed 9/11.”

The linkage with Snowden is in no way an imposition on the story:

The first striking thing about the court’s opinion was how openly it relied on Snowden’s revelations of classified material. The court described how the program was known — by Snowden’s leaks. It also analyzed the NSA order to Verizon, leaked by Snowden, that proved the existence of the program and revealed indirectly the legal reasoning that the government relied on to authorize the metadata collection.

More importantly, Feldman recognizes that the decision rightly breaks “the bad precedent of secret law created by the NSA.”

A republic isn’t a republic if its laws are secret.

Now, of course, it’s time for Americans to cease their procrastination. If we don’t recognize that our government is out of control, no one else’s determination will matter.

Except, perhaps, history’s.

This is Common Sense. I’m Paul Jacob.

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Tags Edward Snowden, law, treason, whistle-blower

crime and punishment responsibility too much government

J’accuse, Chisholm

Shouldn’t we imprison anyone who dares criticize the conduct of abusive public officials?

Panic not. You haven’t slipped through a portal into another dimension.

This is still Common Sense. I’m still Paul Jacob.

Interpret the initial interrogative, above, as my sardonic paraphrase of somebody else’s sentiment — that of a power-abusing official who bemoans any chastisement of his lousy actions. Who even threatens to prosecute persons voicing such criticism.

The man is John Chisholm, a Milwaukee D.A. who intimates that Wisconsin Governor Scott Walker should be investigated for blasting Chisholm’s churlish tactics against political opponents. These tactics include late-night raids motivated solely by political animus. (I’ve reported on these doings.)

Scott Walker told Iowans that “if the government can do that against people of one political persuasion, they can do it against anybody.… [I]t was really about people trying to intimidate people … [A] political witch hunt.”

Responding, Chisholm suggested, with blunderbuss subtlety, that “the Iowa criminal code, like Wisconsin’s, has provisions for intentionally making false statements intended to harm the reputation of others.”

Chisholm, you bum. You knave. You vile excrescence. Not even you dispute that your office’s raids directed against people like my colleague Eric O’Keefe occurred. Thus, you’ve no hint of a basis for a slander claim. You did the dirty deeds we’re deriding. Cheer and hug you for it, should we? (Eric has sued to block Chisholm’s secretive “John Doe” raids.)

All this does sound like the Twilight Zone. Unfortunately, it’s part of a new normal. Not one we need accept, however.

This is Common Sense. I’m Paul Jacob.

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