Quotulatiousness

October 1, 2014

Camille Paglia on universities’ inability to comprehend evil

Filed under: Bureaucracy, Law, USA — Tags: , , , , — Nicholas Russon @ 00:02

In Time, Camille Paglia says that universities are unable to understand the real risks to young women on campus:

The gender ideology dominating academe denies that sex differences are rooted in biology and sees them instead as malleable fictions that can be revised at will. The assumption is that complaints and protests, enforced by sympathetic campus bureaucrats and government regulators, can and will fundamentally alter all men.

But extreme sex crimes like rape-murder emanate from a primitive level that even practical psychology no longer has a language for. Psychopathology, as in Richard von Krafft-Ebing’s grisly Psychopathia Sexualis (1886), was a central field in early psychoanalysis. But today’s therapy has morphed into happy talk, attitude adjustments, and pharmaceutical shortcuts.

There is a ritualistic symbolism at work in sex crime that most women do not grasp and therefore cannot arm themselves against. It is well-established that the visual faculties play a bigger role in male sexuality, which accounts for the greater male interest in pornography. The sexual stalker, who is often an alienated loser consumed with his own failures, is motivated by an atavistic hunting reflex. He is called a predator precisely because he turns his victims into prey.

Sex crime springs from fantasy, hallucination, delusion, and obsession. A random young woman becomes the scapegoat for a regressive rage against female sexual power: “You made me do this.” Academic clichés about the “commodification” of women under capitalism make little sense here: It is women’s superior biological status as magical life-creator that is profaned and annihilated by the barbarism of sex crime.

September 24, 2014

QotD: Privacy and cell phones

Filed under: Law, Liberty, Quotations, Technology — Tags: , , — Nicholas Russon @ 00:01

People who were charged with a crime in England used to be told by the police that they did not have to say anything, but that anything they did say might be taken down and used as evidence against them. I think we should all be given this warning whenever we use a mobile telephone.

Theodore Dalrymple, “Nowhere to Hide”, Taki’s Magazine, 2014-02-23

September 20, 2014

CBC warning to Canadians travelling in the United States

Filed under: Cancon, Law, Liberty, USA — Tags: , , , , — Nicholas Russon @ 12:11

I’ve seen this CBC link mentioned several times by US commentators:

American shakedown: Police won’t charge you, but they’ll grab your money
U.S. police are operating a co-ordinated scheme to seize as much of the public’s cash as they can

On its official website, the Canadian government informs its citizens that “there is no limit to the amount of money that you may legally take into or out of the United States.” Nonetheless, it adds, banking in the U.S. can be difficult for non-residents, so Canadians shouldn’t carry large amounts of cash.

That last bit is excellent advice, but for an entirely different reason than the one Ottawa cites.

There’s a shakedown going on in the U.S., and the perps are in uniform.

Across America, law enforcement officers — from federal agents to state troopers right down to sheriffs in one-street backwaters — are operating a vast, co-ordinated scheme to grab as much of the public’s cash as they can; “hand over fist,” to use the words of one police trainer.

September 17, 2014

Adrian Peterson won’t play this week (or perhaps for the rest of the NFL season)

Filed under: Business, Football, Law — Tags: , , , — Nicholas Russon @ 15:44

I haven’t been posting much about the Adrian Peterson situation, partly because I was still waiting for the picture to clarify and partly because it just depressed the hell out of me to think about it. I agreed with the Vikings’ decision to deactivate Peterson for Sunday’s game against New England, even though it clearly distracted the team and disrupted the game planning: it was the right thing to do. I was shocked and dismayed when the team announced that Peterson would be returning to the team on Monday and would play this weekend in New Orleans.

I wasn’t alone in my reaction: the fans, the media, and even the team’s sponsors reacted very negatively to the announcement. The governor of Minnesota weighed in on the issue and his intervention had to be awkward, as he’d been a major supporter of the team’s campaign to get public funding for their new stadium now under construction. Some Viking players were happy to have Peterson back, but even there the support was not as widespread as it might have been … players from the south were much more vocal in their support than those from elsewhere in the nation.

As Monday wore on, a few more pebbles came loose from the PR dam, as the team learned from one sponsor after another that they were suspending or contemplating ending their promotional relationship with the team. Companies and organizations with a direct relationship to Peterson himself were even more direct: Nike, for example, ordered their retailers in Minnesota to stop selling any items branded with Peterson’s name or number.

The team’s ownership and management met late last night to hammer out a new answer to the PR disaster that had landed on them on Friday and had been made far worse by their Monday decision. Shortly before 1 a.m., the team announced that they’d made a mistake and that Peterson would not be active for the coming game. Instead, he’s being put on the NFL’s little-known exempt list, meaning that he’ll be paid his salary but will not be with the team until his legal issues are resolved. Although he’s being paid, he will not count against the team’s 53-man roster.

ESPN1500‘s Andrew Krammer has more:

Instead of Mike Zimmer and Matt Cassel commanding the podium on a typical Wednesday at Winter Park, Minnesota Vikings owner Zygi Wilf issued a statement and Mark Wilf, general manager Rick Spielman and team attorney Kevin Warren took questions about getting “it right,” a mantra uttered nearly 30 times in the 17-minute press conference.

Running back Adrian Peterson has been placed on an exempt list, an order directed by the Vikings, agreed to by Peterson and made possible by NFL commissioner Roger Godell’s oversight. The Vikings’ decision comes two days after the team held a similar press conference at the same location announcing Peterson’s reinstatement.

Public outcry from fans, media, sponsors and even Governor Mark Dayton prompted the change, as Mark Wilf said: “We value our partners, sponsors and community, and especially our fans. In the end, it’s really about getting it right.”

Peterson will be paid his full salary while sorting out his legal matters, which assistant DA Phil Grant has reportedly said could take “nine to 12 months” to go to trial, though a judge can lengthen or shorten at his/her discretion.

The $12 million question for the Vikings is: Will Peterson play another game in 2014? If not, will he ever don the Vikings purple again?

“Until these legal matters are resolved, he will remain on this exemption list,” Spielman said.

September 13, 2014

Ohio State University’s bureaucratic approach to student-to-student intimacy

Filed under: Bureaucracy, Law, USA — Tags: , , , — Nicholas Russon @ 10:46

US colleges and universities are struggling to come up with new and innovative ways of regulating how their students interact in intimate situations. Ohio State University, for example, now requires that students who engage in sexual relations must agree on why they want to have sex to avoid the risk of sexual assault charges being brought:

At Ohio State University, to avoid being guilty of “sexual assault” or “sexual violence,” you and your partner now apparently have to agree on the reason WHY you are making out or having sex. It’s not enough to agree to DO it, you have to agree on WHY: there has to be agreement “regarding the who, what, where, when, why, and how this sexual activity will take place.”

There used to be a joke that women need a reason to have sex, while men only need a place. Does this policy reflect that juvenile mindset? Such a requirement baffles some women in the real world: a female member of the U.S. Commission on Civil Rights told me, “I am still trying to wrap my mind around the idea of any two intimates in the world agreeing as to ‘why.’”

Ohio State’s sexual-assault policy, which effectively turns some welcome touching into “sexual assault,” may be the product of its recent Resolution Agreement with the Office for Civil Rights (where I used to work) to resolve a Title IX complaint over its procedures for handling cases of sexual harassment and assault. That agreement, on page 6, requires the University to “provide consistent definitions of and guidance about the University terms ‘sexual harassment,’ ‘consent,’ ‘sexual violence,’ ‘sexual assault,’ and ‘sexual misconduct.’” It is possible that Ohio State will broaden its already overbroad “sexual assault” definition even further: Some officials at Ohio State, like its Student Wellness Center, advocate defining all sex or “kissing” without “verbal,” “enthusiastic” consent as “sexual assault.”

Ohio State applies an impractical “agreement” requirement to not just sex, but also to a much broader category of “touching” that is sexual (or perhaps romantic?) in nature. First, it states that “sexual assault is any form of non-consensual sexual activity. Sexual assault includes all unwanted sexual acts from intimidation to touching to various forms of penetration and rape.” Then, it states that “Consent is a knowing and voluntary verbal or non-verbal agreement between both parties to participate in each and every sexual act … Conduct will be considered “non-consensual” if no clear consent … is given … Effective consent can be given by words or actions so long as the words or actions create a mutual understanding between both parties regarding the conditions of the sexual activity–ask, ‘do both of us understand and agree regarding the who, what, where, when, why, and how this sexual activity will take place?’”

Update:

The latest NFL scandal

Filed under: Football, Law — Tags: , , , , — Nicholas Russon @ 09:33

News broke yesterday that Minnesota Vikings star running back (and former NFL MVP) Adrian Peterson has been accused of reckless or negligent injury to a child. The team announced that Peterson would not play in this weekend’s home opener against the New England Patriots and that any inquiries should be directed to Peterson’s attorney rather than to the team.

Peterson has been the focus of charges before, and the team and the fans rallied around him and the charges were eventually dropped. This is different. This is not a confrontation with a rent-a-cop with delusions of authority. This is much more serious and, if true, shows Peterson in a very bad light indeed.

Jim Souhan expresses much the same feelings I have over the situation:

I hoped it wasn’t true. I hoped that if it turned out to be true, the child was uninjured.

Then I saw the alleged pictures.

I’ll use the words “alleged” and “if” a lot here, just in case Peterson is somehow being wrongly accused.

The pictures detail the wounds that Peterson allegedly inflicted on his 4-year-old son with a switch. The pictures are, allegedly, taken a week after the injuries. The pictures should turn the stomach of any human, and especially anyone who has worried over their child’s skinned knee with a Band-Aid and Neosporin.

If Peterson is guilty, this act would change everything.

I’ve always liked Peterson. I’ve never had reason not to.

For a star, Peterson is friendly and accessible. In terms of work ethic and on-field effort, he has never been anything less than admirable. His teammates like him. Vikings staffers like him.

None of that matters now. If Peterson took a piece of wood and whipped a 4-year-old until the child bled from large welts, he should never play for the Vikings again.

If the charges are true, Peterson will likely face a lengthy suspension. He is 29. By February, the Vikings were already due to begin asking themselves whether they could afford to pay an aging running back like a superstar.

If Peterson viciously beat a 4-year-old, the Vikings may have to consider cutting ties with a player who had a chance to be not only great but forever beloved.

If Peterson is guilty of child abuse, someone, somewhere in the NFL has to stop thinking about wins and losses and begin asking this question: “What kind of league do we want to be?’’

1500ESPN‘s Andrew Krammer and Phil Mackey have more, including quotations from the police report:

Minnesota Vikings running back Adrian Peterson has been indicted by a Montgomery County, Texas grand jury on charges of reckless or negligent injury to a child, his attorney Rusty Hardin confirmed in a statement to 1500ESPN.com.

Per the statement, Hardin confirmed the charges involve Peterson using a “switch” (a flexible tree branch) to spank his son, adding that Peterson “has cooperated fully with authorities and voluntarily testified before the grand jury for several hours.”

KARE 11 TV has reported an arrest warrant is out, and Peterson plans to travel to Houston to turn himself into authorities.

[...]

Peterson also allegedly said via text message to the child’s mother that he “felt bad after the fact when I notice the switch was wrapping around hitting I (sic) thigh” and also acknowledged the injury to the child’s scrotum in a text message, saying, “Got him in nuts once I noticed. But I felt so bad, n I’m all tearing that butt up when needed! I start putting them in timeout. N save the whooping for needed memories!”In further text messages, Peterson allegedly said, “Never do I go overboard! But all my kids will know, hey daddy has the biggie heart but don’t play no games when it comes to acting right.”

According to police reports, the child, however, had a slightly different story, telling authorities that “Daddy Peterson hit me on my face.” The child also expressed worry that Peterson would punch him in the face if the child reported the incident to authorities. He also said that he had been hit by a belt and that “there are a lot of belts in Daddy’s closet.” He added that Peterson put leaves in his mouth when he was being hit with the switch while his pants were down. The child told his mother that Peterson “likes belts and switches” and “has a whooping room.”

Peterson, when contacted by police, admitted that he had “whooped” his son on the backside with a switch as a form of punishment, and then, in fact, produced a switch similar to the one with which he hit the child. Peterson also admitted that he administered two different “whoopings” to his son during the visit to Texas, the other being a punishment for the 4-year-old scratching the face of a 5-year-old.

Update: USA Today‘s Tom Pelissero explains the situation both for the NFL and for the Vikings.

September 12, 2014

When the government steals, they call it “civil forfeiture”

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas Russon @ 08:53

In Forbes, Jacob Sullum explains the amazingly lenient rules in most states for the government to steal your property:

Three key features of civil forfeiture law give cops this license to steal:

The government does not have to charge you with a crime, let alone convict you, to take your property. Under federal law and the laws of many states, a forfeiture is justified if the government can show, by a preponderance of the evidence, that it is connected to a crime, typically a drug offense. That standard, which amounts to any probability greater than 50 percent, is much easier to satisfy than proof beyond a reasonable doubt, the standard for a criminal trial. Some states allow forfeiture based on probable cause, a standard even weaker than preponderance of the evidence.

The burden of proof is on you. Innocent owners like Mandrel Stuart have to prove their innocence, a reversal of the rule in criminal cases. Meanwhile, the government hangs onto the money, which puts financial stress on the owner and makes it harder for him to challenge the forfeiture.

Cops keep the loot. Local cops and prosecutors who pursue forfeiture under federal law, which is what happened in Stuart’s case, receive up to 80 percent of the proceeds. Some states are even more generous, but others give law enforcement agencies a smaller cut, making federal forfeiture under the Justice Department’s Equitable Sharing Program a tempting alternative. The fact that police have a direct financial interest in forfeitures creates an incentive for pretextual traffic stops aimed at finding money or other property to seize. The Post found that “298 departments and 210 task forces have seized the equivalent of 20 percent or more of their annual budgets since 2008.”

There’s at least some awareness in the Senate that the civil forfeiture rules are being abused:

The Fifth Amendment Integrity Restoration (FAIR) Act, a bill introduced by Sen. Rand Paul (R-Ky.) in July, addresses each of these issues. The FAIR Act changes the standard of proof in federal forfeiture cases from “preponderance of the evidence” to “clear and convincing evidence.” That change does not go as far as the Institute for Justice, a public interest law firm that has been fighting forfeiture abuse for years, would like. I.J. argues that civil forfeiture should be abolished, meaning that a criminal conviction, based on proof beyond a reasonable doubt, would be required for the government to take property allegedly connected to a crime. But Paul’s reform would make it harder for the government to prevail if a forfeiture case goes to trial, which might deter seizures of large sums in situations where the evidence is weak.

September 11, 2014

Roger Goodell’s dilemma

Filed under: Football, Law, Media — Tags: , , , — Nicholas Russon @ 09:52

USA Today‘s Tom Pelissero updates the state of play in the Ray-Rice-is-a-terrible-human-being case:

The NFL has hired former FBI director Robert S. Mueller III to investigate the league’s pursuit and handling of evidence in the Ray Rice domestic violence case after a report Wednesday that a league executive received videotape evidence five months before it became public.

New York Giants owner John Mara and Pittsburgh Steelers owner Art Rooney will oversee the investigation, and the final report will be made public, according to league’s statement, which noted Commissioner Roger Goodell has pledged the full cooperation of NFL personnel and access to all league records.

The announcement came hours after the Associated Press published a report citing an unnamed law enforcement official who said he sent a tape of Rice punching his then-fiancée to an NFL executive long before the video surfaced on TMZ.com on Monday, leading to Rice’s release from the Baltimore Ravens and his indefinite suspension by the league.

The law enforcement official — speaking to the AP on condition of anonymity because of the ongoing investigation — also played the AP a 12-second voicemail from an NFL office number on April 9 confirming the video arrived. A female voice expresses thanks and says: “You’re right. It’s terrible.”

The NFL commissioner may have thought he’d put the Ray Rice issue behind him after the elevator video was released to the public, but now it’s being alleged that the league actually did get a copy of the video before Goodell suspended Rice for a token two-game stretch. Ace thinks this might have been Goodell’s reasoning for doing as he did:

Could that be Goodell’s spin? “I knew about it, but I had to protect a source”?

Although this spin won’t save Goodell, part of his thinking might have been this:

1. This punch is atrocious, a potentially lethal full-on boxer’s knockout punch.

2. However, the evidence of this is currently being withheld from the public by law.

3. Even though I know about this tape, I cannot use it as the basis for my decision, as it is in my hands illegally.

4. Further, I could not explain to the public, nor to the NFL Player’s union, the reasons for a severe punishment, because they would cry foul and cry “PC over-punishment!” unless they see this horror in real time, which I have seen, but they have not, and maybe never will.

I don’t know if that’s what they were thinking (assuming Goodell saw it, and frankly, I don’t know how he could not have seen it — This is his job; punishing a player for an infraction is not something you delegate to the branch office in Cincinnati like Lois Lerner did (wink, wink)), and I doubt this would cut much ice even it it were.

Even if Goodell didn’t think he could suspend Rice indefinitely absent the public unveiling of the tape — Two Game Suspension? When another guy just got a four game suspension for some minor substance abuse rap?

September 10, 2014

Katie Nolan – Why boycotting the NFL because of Ray Rice is not the answer

Filed under: Football, Law, Media — Tags: , , , — Nicholas Russon @ 09:07

I haven’t watched the latest video of Ray Rice being an embarrassment to humankind, nor do I intend to. I think the NFL has made major errors in how they’ve handled the whole situation, and I don’t think it’s over yet, even with Rice out of football (because Rice is certainly not the only offender … he’s just the one we know the most about right now). Katie Nolan offers her insight into why the NFL still doesn’t understand how seriously they’ve fumbled this issue:

Update: USA Today‘s Christine Brennan reports on why the NFL did not act more strongly to the first video.

NFL Commissioner Roger Goodell said he never saw the elevator video of Ray Rice striking his then-fiancee until Monday morning, but when he did, he found it “sickening,” he told USA TODAY Sports in a telephone interview Tuesday evening.

He also said that Rice and his representatives told him a different story about what happened in the Atlantic City elevator than what he saw on the video. While he would not reveal those details, he called them “ambiguous.”

“There was no ambiguity when you saw that tape (Monday),” he said. “It was sickening. It was appalling. It was clear that it was not consistent with what they presented to us in the hearing and we needed to take the right step which is to indefinitely suspend him.”

Goodell said he and his staff saw the first video in February, the one in which Rice is seen dragging Janay Palmer’s listless body out of the elevator. They “suspected” there was another, and tried to obtain it.

“We asked for it on multiple occasions,” Goodell said. “We asked law enforcement and they were not willing to provide it. I think they were under some legal requirements not to provide it, as I understand it.”

A spokesman for the New Jersey state attorney general addressed on Tuesday the issue of why the video was not released to the NFL.

“It’s grand jury material. It would have been improper — in fact, illegal — for the Atlantic County Prosecutor’s Office to provide it to an outside/private/non law-enforcement entity,” Paul Loriquet said, according to ABC News.

September 5, 2014

Casting blame over Rotherham

Filed under: Britain, Bureaucracy, Law — Tags: , , , , , — Nicholas Russon @ 15:49

At Samizdata, Perry de Havilland unflinchingly points the finger of blame:

The English ‘fascist‘ movement is a bit like a bowel movement, smelly but easily disposed of. In truth they are so trivial in terms of their support or intellectual influence that I cannot escape the notion they get as much publicity as they do primarily to keep them as a boogieman to be pointed at by their equally irrelevant confrères on the loony left.

The Rotherham scandal is not about comically half witted and pleasingly unphotogenic fascists (sorry Ed Temple). It is not about Islam or Pakistanis (sorry BNP, EDL et al.). It is not even about immigration (sorry UKIP). It is entirely about how the political culture pushed unfailingly by the BBC and Guardian (and the increasingly indistinguishable Telegraph and other formerly ‘Tory’ papers) for decades has so completely enervated British institutions along with all the mainstream political parties, that such thugs could not be dealt with. We do not need more laws, we have more than enough to deal with what happened. What we need is the preposterous culture of political correctness and its obsession with race to be flushed down the toilet.

So my caring sharing multicultural leftie chums… Rotherham? That is entirely down to you. Yes, YOU

September 4, 2014

How post-Prohibition restrictions still plague many states

Filed under: Law, USA — Tags: , , , , — Nicholas Russon @ 17:07

The American craft beer boom continues, but making the beer is only the start of the process of getting the beer into the hands of eager consumers. CEI’s Michelle Minton explains how rules crafted for the end of Prohibition now artificially restrict the craft beer marketplace, reduce consumer choice, and add unearned profits to favoured corporations:

After Prohibition ended, Americans could sell, produce, import, and transport alcoholic beverages, but home-brewing was still illegal until 1978 when then President Jimmy Carter signed legislation to legalize brewing in the home for personal or family use. In that year, the number of breweries was at its lowest point after the repeal of Prohibition. But in the 1980s, after states began to legalize brewpubs, the number of brewers began to rise. This development, along with easy access to capital in the 1990s and 2000s, aided efforts of modern craft breweries to change the laws in their home states so that they could brew more, self-distribute, and start the microbrew revolution.

[...]

Another hindrance for craft brewers are franchise laws, enacted among the states in the 1970s and 80s due to fears of brewers’ market power. With less than 50 brewers in the nation at the time — most of them large — there was a fear the big brewers could hold wholesalers hostage by threatening to walk away unless distributors bowed to the brewers’ demands. Since then, however, the landscape has completely shifted.

Although the number of wholesalers nationwide has declined, those remaining are larger and more powerful than almost all of the breweries in the nation. Yet, the laws remain, giving the wholesalers “virtual carte blanche to decide how the beer is sold and placed in stores and bars,” according to Brooklyn Brewery founder Steve Hindy.

In almost every other industry, a manufacturer unhappy with a distributor’s performance or price can terminate a contract in search of a better fit. This is not the case for beer manufacturers. Brewers wishing to switch from one distributor to another must go through long and costly legal battles. Hindy, for example, paid $300,000 to get out of a contract with a New York wholesaler. Yuengling COO Dave Casinelli’s experience was similar. In a phone interview, he noted that in his 24 years with the company, he couldn’t recall any attempt to switch wholesalers that didn’t end up with some legal ramifications.

Most state franchise laws not only make leaving a wholesaler hard, but they also create regional monopolies, known as “exclusive territories,” where a brewer is prohibited from selling through more than one distributor within a given area. This undermines incentives for wholesalers to compete by improving performance, increasing efficiency, or lowering prices. After all, distributors have little or no fear that a brewer will leave — because most of them can’t. As for consumers, they end up paying more because of this lack of competition.

September 2, 2014

QotD: Shouting “fire” in a crowded theatre

Filed under: Law, Liberty, Quotations, USA — Tags: , , — Nicholas Russon @ 07:10

First, there’s the shoutout to Oliver Wendell Holmes, Jr.:

    There is no freedom to shout “fire” in a crowded theater.

Back in 2012 I wrote at length about the context for that Holmes quote. First of all, Professor Rosenbaum — like most Holmes fans — truncates the quote to render it vague. What Holmes actually said was “[t]he most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.”

But more importantly, Professor Rosenbaum — like most who misquote Holmes — ignores the context. To summarize rather than make you read my lengthy post: (1) Holmes made the analogy in deciding a shockingly brutal and censorious series of cases that are no longer good law, in which the Supreme Court gave the government free reign to jail people who criticized or agitated against American participation in World War I; (2) Holmes later repented of that position, undermined that line of cases through decisions he wrote or joined, and articulated a far more speech-protective line of authority that remains the law today, and (3) if you are fond of Holmes’ rhetorical flourishes, you ought to know he was the sort of statist asshole who said things like “three generations of imbeciles are enough” whilst upholding the right of the government forcibly to sterilize people deemed undesirable.

In other words, when you throw around the “shout fire in a crowded theater” quote, you’re echoing the rhetoric of a tyranny-cheerleader whose logic was later abandoned by everyone, including himself.

Ken White, “Professor Thane Rosenbaum Deceptively Carries On The Tradition of Censorship-Cheerleading”, Popehat, 2014-02-03

September 1, 2014

Philadelphia’s growing addiction to civil forfeiture

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas Russon @ 09:25

In Forbes, Nick Sibilla explains how the city of Philadelphia uses the civil forfeiture laws to enrich city coffers and oppress the residents:

Chris Sourovelis has never had any trouble with the law or been accused of any crime. But that hasn’t stopped the City of Philadelphia from trying to take his home.

The Sourouvelis family, along with thousands of others in Philadelphia, is living a Kafkaesque nightmare: Their property is considered guilty; they must prove their innocence and the very prosecutors they’re fighting can profit from their misery. Now the Institute for Justice has filed a major class-action lawsuit to end these abuses of power.

Back in March, Chris’s son was caught selling $40 worth of drugs outside of the home. With no previous arrests or a prior record, a court ordered him to attend rehab. But the very day Sourovelis was driving his son to begin treatment, he got a frantic call from his wife. Without any prior notice, police evicted the Sourovelises and seized the house, using a little-known law known as “civil forfeiture.”

Law enforcement barred the family from living in their own home for over a week. The family could only return home if they banned their son from visiting and relinquished some of their constitutional rights. Adding to the cruel irony, their son has already completed rehab, ending his punishment by the city. “If this can happen to me and my family, it can happen to anybody,” Sourovelis said.

Under civil forfeiture, property owners do not have to be convicted of a crime, or even charged with one, to permanently lose their property. Instead, the government can forfeit a property if it’s found to “facilitate” a crime, no matter how tenuous the connection. So rather than sue the owner, in civil forfeiture proceedings, the government sues the property itself, leading to surreal case names like Commonwealth of Pennsylvania v. The Real Property and Improvements Known as 2544 N. Colorado St.

In other words, thanks to civil forfeiture, the government punishes innocent people for the crimes other people might have committed.

Update: As Eve Harris reminded me, civil forfeiture is not a US-only issue, and the police in British Columbia have been feeding cases to the province’s Civil Forfeiture Office (CFO) for further action even when no criminal charges are filed (and sometimes even when the police have violated Charter rights in the process). BC’s CFO was established in 2006 and since then has generated about $41 million in proceeds from civil forfeiture actions. Six other provinces also have civil forfeiture laws, but BC is leading the pack in the scale and scope of their activities. Eve also sent a link to a National Post article (which I can’t quote from without paying a licensing fee, which is why I rarely if ever link to that newspaper).

August 28, 2014

Reason.tv – Pentagon Has ‘Everything Must Go’ Sale

Filed under: Humour, Law, USA — Tags: , , , — Nicholas Russon @ 13:47

Published on 28 Aug 2014

After protestors in Ferguson, Missouri, were met with a militarized police force, new attention was brought to the Pentagon’s 1033 program, a program that supplies military-grade equipment to local police departments, often for free. Check out a commercial Reason TV has unearthed advertising the program to law enforcement.

Extremely minor quibble: the “tanks” are actually armoured personnel carriers. But as I’ve moaned on about before, everyone in media thinks every tracked vehicle is a tank and every navy vessel that isn’t a submarine or an aircraft carrier is a battleship. (And some even mistake earplugs for rubber bullets…)

Conservatives like small government, except in fighting the drug war

Filed under: Law, Liberty, USA — Tags: , , — Nicholas Russon @ 10:51

Jonathan Adler on the odd blind spot among many conservatives who support states making local decisions (the 50 laboratories of democracy model), except when it comes to things like marijuana:

In 2014, voters in Colorado and Washington state voted to legalize marijuana possession within their states. This November, voters in Oregon, Alaska and the District of Columbia will get the chance to follow suit. Voters in Florida will also decide whether to join the approximately 20 states which allow marijuana possession and use for medicinal purposes. Whatever these states decide, however, marijuana will remain illegal under federal law.

Conservative Republicans often talk about the need to constrain the power of the federal government. On everything from environmental regulation to education policy, Republican officeholders argue that individual states should be able to adopt their own policy priorities, free from federal interference. Yet many of these same people are silent when the question turns to marijuana.

Earlier this year, the House of Representatives voted to cut off Drug Enforcement Administration funding for raids on medical marijuana dispensaries in states where medical marijuana is legal. The measure passed with the support of 49 Republicans. This is a significant increase over the last time such a limitation on the DEA had been proposed, when only 28 Republicans supported respecting state choices on medical marijuana, but it still represents less than one-quarter of the GOP caucus. So many Republicans who believe it’s federal overreach when federal law regulates health insurance or power plant emissions think its just fine when the federal government prohibits the possession of a plant, even where authorized under state law.

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