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

Guilty of Innocence

If you are innocent of a crime, should you be punished as if guilty? Despite no arrest, no trial, no conviction?

If you say “Yes,” raise your hand.

I see no raised hands among my regular readers. But my readers don’t include the wicked Chicago officials who impounded the automobile of Spencer Byrd.

Byrd’s case is reported in a Reason article by C.J. Ciaramella. The author relates how Chicago extracts money by grabbing the vehicles of innocent people. The drug war and asset forfeiture laws help make it possible. 

Byrd is a carpenter and auto mechanic who sometimes gives rides to clients stuck without their cars. One night, when he was stopped on the road for an allegedly broken turn signal, police discovered that a new client riding with him was carrying heroin. Byrd was questioned but quickly released. He was never charged with a crime. 

But his car was impounded; it’s been impounded for years. This has hurt his business. For one thing, he has $3,500 worth of tools in the trunk. 

Byrd persuaded a judge to order that his car be returned to him. But the city still wouldn’t release it unless Byrd paid $8,790 in fees and fines (later reduced to $2,000). He is still struggling to retrieve his car, within a labyrinth the injustices of which I’ve barely touched on. 

May I suggest … ? If you do ever recover your Cadillac, Mr. Byrd, put pedal to the floor and get the heck out of Dodge.

I mean, Chicago.

This is Common Sense. I’m Paul Jacob.


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

Thwarting Cops Who Are Robbers

“Carrying cash is not a crime,” Institute for Justice attorney Dan Alban informs us, “yet too often the government treats it like one.”

Musician Phil Parhamovich learned that the hard way. He was porting his life savings, almost $92,000 — earmarked for a down payment on a recording studio — when cop-​robbers of the Wyoming Highway Patrol stopped him for not wearing a seat belt.

It turned out to be an extremely expensive infraction. The officers intimated that it was illegal to travel with so much cash and pressured him to hand it over. Scared and believing that his alternative was jail, Phil signed a preprinted waiver letting them grab his life savings.

Preprinted waiver? This means it’s routine for these guys to try to legitimate their actions as they premeditatedly intimidate and rob people.

The state of Wyoming tried to keep the money. Fortunately, the Institute for Justice took Phil’s case, and a judge accepted the facts presented by Phil and his IJ lawyer. After months of tribulation and suspense, the robbery victim got his money back.

Another win for the good guys.

Thankfully, the Institute for Justice’s freedom-​defenders have won a great number of such cases. Yet, IJ lawyers certainly cannot litigate all the forfeiture injustices being committed by government  authorities all across the country.

That’s why the group is pushing to reform civil asset forfeiture laws, requiring a criminal conviction before property can be forfeited. 

And you can help. How? Launch efforts in your town or state, or work to push infant efforts to a higher level. Take the initiative. 

This is Common Sense. I’m Paul Jacob.


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Common Sense

Corruption Beyond Imagination

“Two Baltimore detectives were convicted Monday of robbery and racketeering,” the Washington Post reported, “in a trial that laid bare shocking crimes committed by an elite police unit and surfaced new allegations of widespread corruption in the city’s police department.”

Assistant U.S. Attorney Leo Wise presented the jury with “things more horrible in some cases than you ever could have imagined.” 

Test your imagination:

  • Four police officers, already convicted, testified to routinely violating the rights of citizens in order to steal cash and property worth hundreds of thousands of dollars. 
  • Officers left the scene of an accident they caused without summoning assistance for those injured, and then covered up their involvement.
  • Detectives “doubled their salaries by lying to claim extravagant overtime when they were actually at bars or … out of the country on vacation.”
  • There was an allegation of murder against one policeman and a charge that another high police official covered it up. 

A total of eight officers of the Gun Trace Task Force have now been convicted of or pleaded guilty to felonies.

Where was Internal Affairs? “The head of internal affairs has been transferred” the Post informed, after he was “implicated in misconduct during trial testimony.”

We could sic the feds on them! Oh, wait, “[m]ost of the behavior charged in the case took place even as the [Baltimore police] department was already under federal investigation by the Justice Department …”

Prospects for reform? 

Last Wednesday, Mayor Catherine Pugh claimed to having been “too busy to follow the trial closely or read Baltimore Sun coverage…”

Baltimore, we’ve got a problem. 

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment government transparency insider corruption local leaders moral hazard porkbarrel politics

Interfering With a Sweet Racket?

One way for governments and enterprises to save money is to contract out some or all of their services. Towns, cities, counties, states — even the federal government — engage in such practices all the time.

It is really just outsourcing, as business lingo dubs it.* But, like any system for shifting responsibility away from direct management, it can be corrupted.

As Seattle citizens now learn, courtesy of Seattle Times reporters Mike Carter and Steve Miletich. 

It appears that Seattle City Light, the public utility providing electricity to the city, has been contracting exclusively with Seattle’s Finest Security & Traffic Control. For a half a decade. Despite there being direct competition from another firm.

The utility paid “more than $7.8 million over the past five years to provide off-​duty police officers for traffic control or security work,” the Times tells us.

The whole story came to light (no pun intended) when a new outfit offering similar services, but based on “gig economy” principles, sought to enter the market. Seattle’s Finest challenged the firm’s licensing, and, allegedly, directed abuse at the firm’s chief executive officer. 

A Seattle detective off-​handedly described the dominance of Seattle’s Finest “in organized-​crime terms — using the word ‘mafia’ — and said nobody would be allowed to interfere with it.”

The FBI has now been called in. 

Usually, local government may seem rather humdrum. But a lot of money can go through powerful, privileged hands. Things can get exciting. Terms like “murky” and “intimidation” abound.

Is this a surprise?

Remember: power corrupts; local power corrupts locally. 

Right there where we live.

This is Common Sense. I’m Paul Jacob.

 

* An economist, R. H. Coase, got a Nobel Prize in no small part for explaining why this sort of contract can work better than establishing a complete firm-​employee wage system.


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Accountability crime and punishment general freedom ideological culture moral hazard national politics & policies Regulating Protest responsibility U.S. Constitution

Saturday’s Violence

After delivering the final address at the Liberty International World Conference in Puerto Rico, Friday night, I learned that there had been violent clashes between white nationalists and counter-​demonstrators in Charlottesville, Virginia. 

A dozen people required medical treatment after being sprayed with mace. 

Then, after traveling to the airport with new friends from Kazakhstan, China, and socialist-​torn Venezuela, I began my eight-​hour trek home. I had the subject for my weekend column, I decided: the lack of reports of even one arrest. 

Last I checked, dousing folks with a chemical agent was a crime. 

“Men in combat gear, some waring [sic] bicycle and motorcycle helmets and carrying clubs and sticks and makeshift shields,” the Washington Post reported as I landed for my connecting flight home, “fought each other on the downtown streets, with little police interference.”

By the time I touched down in Washington, DC, James Field had driven his car into a crowd of counter-​protesters, killing Heather Heyer and seriously wounding many others. A searing and sobering event.

My column, mostly written in transit, focused on the police response to political violence. From Trump rallies last year to the events at UC-​Berkeley that “shut down” planned speeches … to attacks on Charles Murray and others at Middlebury College … to this Saturday’s events in Charlottesville, policing has been tepid at best.

People have a right to speak, to assemble, to protest, to let out a primal political scream. Our governments must protect that right, without regard to viewpoint, by preventing and policing against acts of violence. 

When violence succeeds without consequences — garnering tons of attention for its perpetrators — we are likely to see more violence.

Government is not doing job one.

This is Common Sense. I’m Paul Jacob.


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Accountability crime and punishment government transparency initiative, referendum, and recall

Left Wondering Why

In Minneapolis’s Fulton neighborhood a makeshift memorial has sprung up. Amidst flowers, a handwritten sign reads, “Why did you shoot and kill our neighbor?”

Police have yet to offer public comment on the police shooting of Justine Damond, the Australian woman killed in the alley behind her home last Saturday night.

“Sadly, her family and I have been provided with almost no additional information from law enforcement,” Justine’s fiancé, Don Damond,* told reporters, “regarding what happened after police arrived.”

The Minnesota Bureau of Criminal Apprehension has launched an investigation, but not yet interviewed the two officers at the scene, the only known witnesses. The officers had been responding to Justine’s 911 call reporting what sounded like a sexual assault. 

No gun was found on Justine; a woman in her pajamas otherwise doesn’t seem very threatening.

Local media identified Mohammed Noor, a Somali-​American, as the police officer who fired the bullet that killed Damond. Noor has been on the force since March 2015 and has two previous complaints pending.

Most frustrating, the Washington Post reports that “the officers’ body cameras were not turned on” and … “It’s not clear why …”

Cameras do not work when turned off; public anger and angst are not ameliorated when we cannot see the body cam footage. 

That’s why, back in April, we worked to pass a ballot initiative in Ferguson, Missouri: (a) mandating that police must actually turn on the body cameras they were “using” (after similar incidents, wherein Ferguson police claimed their cameras hadn’t been activated) and (b) setting rules for public access to the video.

The people of Minneapolis, likewise, deserve a more professional police force. Making that happen means taking the initiative: citizens reforming criminal justice policies at the ballot box.

This is Common Sense. I’m Paul Jacob.

 

* Justine had already taken her fiancé’s last name, even though they were set to marry next month. Her legal name remains Justine Ruszczyk.


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