In the Washington Post, Radley Balko explains how judges can convict you of crimes you were acquitted on or even crimes you were never charged with in the first place:
Most Americans probably believe that the government must first convict you of a crime before it can impose a sentence on you for that crime. This is incorrect: When federal prosecutors throw a bunch of charges at someone but the jury convicts on only some of those charges, a federal judge can still sentence the defendant on the charges for which he was acquitted. In fact, the judge can even consider crimes for which the defendant has never been charged.
Last week, the U.S. Supreme Court declined to hear Jones v. U.S., a case that would have addressed the issue. The National Law Journalsummarizes the facts:
[A] District of Columbia jury found Antwuan Ball, Desmond Thurston and Joseph Jones guilty in 2007 of selling between two and 11 grams of cocaine, relatively small amounts. They were acquitted on racketeering and other charges that they were part of an extensive narcotics conspiracy.
Yet, when U.S. District Judge Richard Roberts sentenced the three, he said he “saw clear evidence of a drug conspiracy,” and sentenced Ball, Thurston and Jones to 18, 16 and 15 years in prison, respectively — four times higher than the highest sentences given for others who sold similar amounts of cocaine, according to filings with the Supreme Court.
There have been other cases like this, including at least two in which federal judges sentenced defendants for murders for which they were never even charged, never mind convicted. So not only can a judge sentence a defendant for crimes for which a jury acquitted, he can sentence a defendant for crimes for which prosecutors didn’t have enough evidence to charge.
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.
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?’’
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.
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?
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.
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
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.
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).
In the wake of all the media attention given to the “epidemic of rape on campus”, male university students appear to be changing their behaviour:
Thanks to an increased focus on sexual assaults on college campuses – mostly due to an overblown statistic claiming 20 percent of college women have been sexually assaulted – young college men are starting to rethink how they talk to women.
At first glance that might seem like a good thing – men learning to be more respectful of women and not be so rapey – but that’s not what this is.
This is about men actually avoiding contact with women because they’re afraid a simple kiss or date could lead to a sexual assault accusation.
Bloomberg reporters John Lauerman and Jennifer Surane interviewed multiple men from colleges like Harvard and Stanford who expressed concern over what was once known as a “hook-up culture” but is now labeled by feminists as “rape culture.” The change in terminology ensures that all responsibility is placed on men, just because of their gender.
William Pollack, a Harvard Medical School psychologist, told the Bloomberg reporters about a patient who was kissing a girl during a party and began thinking about what would happen if things went further.
“‘I want to go to law school or medical school after this,’” the student said, according to Pollack. “‘I said to her, it’s been nice seeing you.’”
Pollack also noted that the media attention to campus sexual assault has led to a “witch-hunt” mentality.
“Most males would never do anything to harm a young woman,” Pollack told the Bloomberg reporters. But the current focus is “starting to scare the heck out of the wrong people.”
Like Clark Coey, who will be a freshman at East Carolina University in North Carolina this year. He’s worried that the definition of consent might not be clear exactly what it means.
The constantly changing expectations of what consent means and how it has to be communicated are going to be common issues in university culture going forward. No sensible male student is going to dare follow up on hints or suggestions of interest from a female student without explicit invitation … which most women are culturally disinclined to offer. And even that might not be enough to meet the standards of consent some university activists (and administrators) are demanding.
H/T to Amy Alkon who included a few comments that had been posted:
From the comments:
thewlyno / Isaac T
Remember, when men drink they are predators, when women drink they are unaccountable victims
I also find it ironic that feminists who fought for female sexual choice, including the right to engage in drunken hookups, would now like to put the responsibility for the mutual drunken hookup entirely onto the male. He must now take into consideration not just what she wants now, but also what is really good for her in the long run, because in his drunken state he is better able to make decisions for her than she is in her drunken state. It is his job to recognize her vulnerability, to save her from her disinhibition, and to guide her with his greater wisdom into proper chastity. This used to be called patriarchy.
Michelle Minton tells the sad tale of a rare wine fan who got too greedy (as the state tells it) or a state that got too greedy (as Pennsylvania wine fans tell it):
In the fifth century BCE, famous Greek tragedian Euripides supposedly said, “where this no wine there is no love.” This certainly holds true in present day Pennsylvania, which has one of the nation’s strictest alcohol regulatory regimes. And according to Tom Wark, executive director for the American Wine Consumer Coalition, Pennsylvania is “the worst state to live in if you’re a wine lover.” In Philadelphia, one man surely isn’t feeling the brotherly love after police raided his home and seized 2,426 bottles of rare wine—with an estimated value of more than $125,000—that the police reportedly plan to “destroy.”
Arthur Goldman, a 50-year-old lawyer, alleged ran afoul of Pennsylvania’s archaic wine laws by purchasing and selling through unapproved channels. In Pennsylvania, one of ten states that doesn’t allow direct shipping of wine to consumers, the only place one can purchase wine is through state-owned liquor stores. For wine connoisseurs looking for a bottle unavailable for purchase in state stores, the only other option is to order their wine through one of the sanctioned “direct wine shippers” and have it sent to a state store. Of course, this adds a certain cost to the purchase (shipping charge, plus $4.50 handling, the state’s 18 percent Johnstown Flood tax, 6 percent sales tax, and an addition 2 percent Philadelphia tax). With an average shipping rate of $7 per bottle or $22 per case, this means that a typical $50 bottle of wine would end up costing $74. A case of that wine, which would have cost $600 could cost around $832 after jumping through the Pennsylvania Liquor Control Board’s hoops. Of course, Goldman was likely purchasing much rarer and more expensive wines—the tax and shipping costs, assuming the approved direct shipping companies had the wines he wanted—could have been astronomical.
Cops paint a picture of a sophisticated racket meant to make Goldman a lot of money, but his lawyer asserts it was more like a group of 15-20 wine connoisseurs for whom Goldman would procure bottles unavailable in the state, only charging them for his costs.
The relationship between the Ferguson police and the residents of the municipality seem to have been on a weird footing long before the current face-off, as Walter Olson points out:
Reading through this Newsweek article on the troubled relations between police and residents in Ferguson, Mo. before this month’s blowup, this passage jumped out at me:
“Despite Ferguson’s relative poverty, fines and court fees comprise the second largest source of revenue for the city, a total of 2,635,400,” according to the ArchCity Defenders report. And in 2013, the Ferguson Municipal Court issued 24,532 arrest warrants and 12,018 cases, “or about 3 warrants and 1.5 cases per household.”
My first reaction – maybe yours too – was “is that a misprint?” Three arrest warrants per household in Ferguson last year?
Now let’s stipulate that some of those warrants were written against out-of-towners, especially in matters arising from traffic offenses, tickets being a key revenue source for many municipalities in St. Louis’s North County. Yet here’s a second statistic some will find surprising: while reported property-crime rates in Ferguson have run well above the national average for years, violent-crime rates have not. After a high period that lasted through 2008, they have declined steadily to a point where last year Ferguson had about the same rate of violent crime as the nation generally.
What seems clear at this point is that Ferguson – while in some ways a nicer and safer town than some have imagined – does suffer from a unusual degree of antagonism between police and residents, an antagonism that crucially involves race (the town is an extreme outlier in its now-famous extent of black underrepresentation in elected office) and yet has other vital dimensions as well.
Update: Alex Tabarrok says this is an example of the return of debtor’s prisons in modern America.
How does a stop for jaywalking turn into a homicide and how does that turn into an American town essentially coming under military control with snipers, tear gas, and a no-fly zone? We don’t yet know exactly what happened between the two individuals on the day in question but events like this don’t happen without a deeper context. Part of the context is the return of debtor’s prisons that I wrote about in 2012:
Debtor’s prisons are supposed to be illegal in the United States but today poor people who fail to pay even small criminal justice fees are routinely being imprisoned. The problem has gotten worse recently because strapped states have dramatically increased the number of criminal justice fees….Failure to pay criminal justice fees can result in revocation of an individual’s drivers license, arrest and imprisonment. Individuals with revoked licenses who drive (say to work to earn money to pay their fees) and are apprehended can be further fined and imprisoned. Unpaid criminal justice debt also results in damaged credit reports and reduced housing and employment prospects. Furthermore, failure to pay fees can mean a violation of probation and parole terms which makes an individual ineligible for Federal programs such as food stamps, Temporary Assistance to Needy Family funds and Social Security Income for the elderly and disabled.
You don’t get $321 in fines and fees and 3 warrants per household from an about-average crime rate. You get numbers like this from bullshit arrests for jaywalking and constant “low level harassment involving traffic stops, court appearances, high fines, and the threat of jail for failure to pay.”
If you have money, for example, you can easily get a speeding ticket converted to a non-moving violation. But if you don’t have money it’s often the start of a downward spiral that is hard to pull out of
I’ve posted items likethis before, showing that President Obama is the least merciful president of modern times (and the only presidents less clement were Washington, Harrison, and Garfield). Now the New York Times editorial board joins the chorus:
On Jan. 20, 2009, in his last moments as president, George W. Bush gave Barack Obama a hard-earned bit of wisdom: whatever you do, he said, pick a pardon policy and stick with it.
It was sage advice, yet, more than five years later, President Obama has not heeded it. As a result, as one former pardon attorney has said, the clemency power is “the least respected and most misunderstood” power a president has. Yet it is granted explicitly by the Constitution as a crucial backstop to undo an unjust conviction or to temper unreasonably harsh punishments approved by lawmakers. It also can restore basic rights, like the right to vote, that many people lose upon being convicted.
In the past, presidents made good use of it, but as tough-on-crime policies became more popular, the number of grants fell dramatically. Judging by the numbers, Mr. Obama, who has, so far, granted just 62 clemency petitions, is the least merciful president in modern history.
Mr. Obama’s failure to wield the pardon power more forcefully is all the more frustrating when considered against the backdrop of endless accusations that he is exercising too much executive authority, sometimes — his critics say — arbitrarily if not illegally. In this case, he should take advantage of a crucial power that the Constitution unreservedly grants him.
As Jacob Sullum said, “Obama deserves credit for this amazing accomplishment: He has made Richard Nixon look like a softie.”
Two decades ago violent crime really was out of control, and it seemed reasonable to a lot of people that police needed to respond in a much more forceful way. We can argue forever about whether militarizing our police forces was an appropriate response to higher crime rates, but at least it was an understandable motivation. Later, police militarization got a further boost from 9/11, and again, that was at least an understandable response.
But at the same time the trend toward militarization started in the early 90s, the crime wave of the 70s and 80s finally crested and then began to ebb. Likewise, Al Qaeda terrorism never evolved into a serious local problem. We’ve spent the past two decades militarizing our police forces to respond to problems that never materialized, and now we’re stuck with them. We don’t need commando teams and SWAT units in every town in America to deal with either terrorism or an epidemic of crime, so they get used for other things instead. And that’s how we end up with debacles like Ferguson.
Police militarization was a mistake. You can argue that perhaps we didn’t know that at the time. No one knew in 1990 that crime was about to begin a dramatic long-term decline, and no one knew in 2001 that domestic terrorism would never become a serious threat. But we know now. There’s no longer even a thin excuse for arming our police forces this way.
Eric S. Raymond is with most other libertarians about the problems with having your police become more like an occupying army:
I join my voice to those of Rand Paul and other prominent libertarians who are reacting to the violence in Ferguson, Mo. by calling for the demilitarization of the U.S.’s police. Beyond question, the local civil police in the U.S. are too heavily armed and in many places have developed an adversarial attitude towards the civilians they serve, one that makes police overreactions and civil violence almost inevitable.
But I publish this blog in part because I think it is my duty to speak taboo and unspeakable truths. And there’s another injustice being done here: the specific assumption, common among civil libertarians, that police overreactions are being driven by institutional racism. I believe this is dangerously untrue and actually impedes effective thinking about how to prevent future outrages.
There are some unwelcome statistics which at least partly explain why young black men are more likely to be stopped by the police:
… the percentage of black males 15-24 in the general population is about 1%. If you add “mixed”, which is reasonable in order to correspond to a policeman’s category of “nonwhite”, it goes to about 2%.
That 2% is responsible for almost all of 52% of U.S. homicides. Or, to put it differently, by these figures a young black or “mixed” male is roughly 26 times more likely to be a homicidal threat than a random person outside that category – older or younger blacks, whites, hispanics, females, whatever. If the young male is unambiguously black that figure goes up, about doubling.
26 times more likely. That’s a lot. It means that even given very forgiving assumptions about differential rates of conviction and other factors we probably still have a difference in propensity to homicide (and other violent crimes for which its rates are an index, including rape, armed robbery, and hot burglary) of around 20:1. That’s being very generous, assuming that cumulative errors have thrown my calculations are off by up to a factor of 6 in the direction unfavorable to my argument.
Yeah, by all means let’s demilitarize the police. But let’s also stop screaming “racism” when, by the numbers, the bad shit that goes down with black male youths reflects a cop’s rational fear of that particular demographic – and not racism against blacks in general. Often the cops in these incidents are themselves black, a fact that media accounts tend to suppress.
What we can actually do about the implied problem is a larger question. (Decriminalizing drugs would be a good start.) But it’s one we can’t even begin to address rationally without seeing past the accusation of racism.
J.D. Tuccille on five libertarian issues that should matter just as much to non-libertarians:
Are libertarians just Ayn Rand-obsessed pot smokers who want to hide their money from the tax man? That’s what many critics of the libertarian movement, and its seemingly looming moment in American history (as reported by the New York Times) would have you believe. But maybe we’re smoking that grass because we’re all too aware of what government officials do with that money (and to us all) when they get their hands on it (Ayn Rand did provide some cautionary tales, if you care to read her books).
Below are just five of the many issues on which libertarian journalists, independent think-tankers, state-challenging politicians, and freedom-loving litigators, among others, have worked to preserve and extend our liberty over the years. These are issues that matter to us. We think they should matter to you too — and they already may.
America’s Insane Incarceration Rate
“Every ten or eleven people that you meet, someone is going to either know someone in prison, has been in prison with a record, or you met them and they are going off to prison,” Michael Stoll, co-author of Why Are So Many Americans in Prison?, told Reason last year.
Those who now fill the nation’s jails, prisons, and detention centers, says the Prison Policy Initiative, number about 2.4 million people.
The Insane War on Drugs
The easiest way to get thrown behind bars in recent years has been by using, buying, selling, or merely possessing an intoxicant that doesn’t meet politicians’ approval. Prohibition of alcohol may have failed, but the impulse to prohibit — and to penalize those who don’t or won’t get with the program, continues in laws against marijuana, cocaine, methamphetamine, and myriad other substances.
Whatever the Hell Happened to Police in This Country
You can’t have prisons groaning full of people busted for drug violations without somebody to put them there. That somebody is inevitably law enforcement in all its various permutations—though you might be forgiven for thinking it’s an occupying army, given the military tactics, equipment, and mindset that so many police departments have adopted.
Small Business-Killing Meddling
Government officials don’t have to unleash uniformed minions on you to make your life miserable — they can do the same thing with a web of red tape and a plague of inspectors. The challenge of making an honest living can become almost impossible when burdened with bureaucracy.
You can’t enjoy life, liberty, and prosperity if your ass has been shot off in some politician’s bloody military adventure. And libertarian-oriented lawmakers feature prominently among the “wacko-birds” denounced by uber-hawk, Sen. John McCain (R-Az.). Specifically, Sen. Rand Paul (R-Ky.) and Rep. Justin Amash (R-Mich.) ranked proudly among those called out for opposing drone assassinations and unprovoked interventions in other countries’ affairs.
Scott Greenfield has some questions about the official account of what happened in Ferguson, Missouri:
There may be a good explanation for why Ferguson, Missouri, a mostly black working-class suburb of St. Louis, had a white mayor and police force. There might be a good explanation for why an unarmed, 18-year-old high school graduate, Michael Brown, was shot down in the street. But if so, nobody has said so yet. The only thing for which there is a good explanation is why Brown won’t be starting technical school today. That’s because he’s dead.
From the New York Times:
The fatal shooting of an unarmed black teenager Saturday by a police officer in a St. Louis suburb came after a struggle for the officer’s gun, police officials said Sunday, in an explanation that met with outrage and skepticism in the largely African-American community.
The cop isn’t named. The story makes little sense.
At a news conference on Sunday morning, the St. Louis County police chief, Jon Belmar, said that a man had been shot and killed after he had assaulted a police officer and the two had struggled over the officer’s gun inside his patrol car. At least one shot was fired from inside the car, Chief Belmar said.
“The genesis of this was a physical confrontation,” Chief Belmar told reporters.
Good use of the word “genesis,” but it’s a lie.
Just after noon on Saturday, the police said, an officer in a patrol car approached Mr. Brown and another man. As the officer began to leave his vehicle, one of the men pushed the officer back into the car and “physically assaulted” him, according to the police department’s account.
The genesis was when the shooter approached Michael Brown. Why? Then he “began to leave his vehicle.” Why? Then, according to the police account, “one of the men” pushed the cop back into the car and “physically assaulted” him. Why? Who? But mostly why would a kid who just graduated high school do this?