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Last week, Judge John Brown sentenced Dr. Annette Bosworth, a neophyte candidate for U.S. Senate from South Dakota, to twelve concurrent two-year prison terms … to be suspended provided she successfully completes three years of probation, pays the cost of her prosecution, and performs 500 hours of community service providing medical care to the poor.

Note: that final punishment is what she has been doing on her own for years, and is sort of why she is in this mess in the first place.

The case isn’t an innocent person being unjustly accused. I’ve met Annette Bosworth; I’m proud to call her a friend. But she wasn’t exactly innocent. She got bad advice and made a faulty decision to sign as the circulator of petitions when not every signature was affixed in her presence.

That’s a mistake. It shouldn’t be a felony.

The bigger issue? The over-the-top prosecution. Attorney General Marty Jackley’s heavy-handed, multi-felony approach sends a chilling message to anyone in South Dakota considering political participation.

More ominous is the apparent long-running personal feud between Jackley and Bosworth. In a statement after her sentencing, Jackley declared that Bosworth had “crossed the line of exasperation.”

But it is South Dakotans who should be exasperated with the AG: “Jackley had said before her sentencing,” the Capitol Journal reported, “that he might recommend prison time depending on Bosworth’s attitude after conviction.”

Meanwhile, State Rep. Steve Hickey, a chief Bosworth accuser, appears to have committed her same sin: signing a petition as circulator and not witnessing each signature. Jackley hasn’t bothered to investigate, but defensively told reporters, “I’ve never said that I won’t look into it.”

Tellingly, Mr. Hickey just resigned his seat in the legislature.

This is Common Sense. I’m Paul Jacob.

Previous commentary:

Common Sense: No Part Justice
Townhall: One Dangerous Doctor
Video: Paul Jacob at the Capitol in Pierre, SD
Citizens in Charge Foundation: Report on the Prosecution of Dr. Bosworth
Townhall: Minor Infractions, Felony Prosecution
Common Sense: Time to Drop the Charges
Townhall: An Egyptian Crackdown in South Dakota
Action: Help Dr. Bosworth

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The law exists to ensure responsibility. When someone does wrong, the police and courts are here to correct for the lapses and crimes.

That’s how law “holds us responsible” for our actions.

The War on Drugs is fought, it has been argued, because recreational drug use makes people irresponsible. So police and courts must punish, etc., etc.

But Theory must be judged not on intent, but on results.

Which are too often atrocious.

When I wrote about Bounkham “Bou-Bou” Phonesavanh before — a toddler horribly maimed and almost killed by an incendiary during a completely fruitless drug raid on a home full of innocents — I identified the War on Drugs as the root problem: “Waging that war permits endless ‘botched raids’ like the one that almost killed Bou Bou,” I wrote last February. “So long as such invasions remain a standard means of trying to catch dealers with their stash — indeed, so long as the War on Drugs is being waged at all — innocent persons will always be needlessly at risk.…”

Now that the trial is over and the family has been rewarded not quite a million bucks in recompense, we can see, clearly, what’s wrong here.

Irresponsibility.

The police who did the foul deed? Unrepentant in court, offering bizarre excuses. What the police assailants claimed, the Pro Libertate blog summarized, “is that while he was sleeping, Baby Bou-Bou ambushed them.” An overstatement? Perhaps — but very slight.

Meanwhile, who pays? The taxpayers. Not the guilty cops.

If we continue to allow this “war” we will continue getting unaccountable policing and the tragedies that necessarily result.

In a word: irresponsibility.

This is Common Sense. I’m Paul Jacob.

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