Quotulatiousness

July 24, 2009

Is justice served?

Filed under: Law — Tags: , — Nicholas @ 09:01

Clive sent me this link with the comment “So often we see [stories] about justice perverted. Ridiculous sentences, punishment as an example to others. This one seemed just. Fun too.” This is the end of the Barrel Monster story:

barrelmonster

A North Carolina State University student who created a “monster” out of construction barrels and placed it on the side of a road was sentenced Tuesday to 50 hours of community service.

District Judge Vince Rozier deferred judgment against Joseph Carnevale until Oct. 30. If Carnevale complies with the sentence, the charges against him will be dismissed.

Raleigh police charged the 21-year-old history major and part-time construction worker last month with misdemeanor larceny and destruction of property after he took the orange-and-white traffic barrels from a construction site near N.C. State.

Okay, at least Judge Buzzkill didn’t send Carnevale to jail, but what did the “victims” think of the crime?

Even Hamlin Associates, the construction company from which Carnevale took the barrels, has become a fan and has asked him to create a replica of the figure that led to his arrest on June 10.

“It’s been positive publicity for us,” Hamlin President Steve Hussey told The Associated Press in June. “If we’d known he’d do that good of work, we’d have given him the barrels.”

Authorities pursued the case, despite the construction company’s desire not to press charges.

So the awesome majesty of the state is deployed against a renegade artist, whose “victim” says it’s actually been a good thing for his company and who didn’t want to press charges.

“The law is a ass — a idiot.”

July 23, 2009

The wrong measure

Filed under: Economics, Law — Tags: , — Nicholas @ 07:29

The economy is struggling, employers are shedding excess workers, the banks are floundering, so what can the government do to make things better? Other than getting the hell out of the way, not much . . . but they can certainly make things worse:

Come Friday, the federally mandated minimum wage will jump from $6.55 an hour to $7.25 — an 11 percent increase. At a time when employers are laying off workers, Washington is going to make it more expensive to keep them.

If you’re a minimum wage employee, your job will pay more, but only if it still exists. These days, most companies are scrutinizing every position on the payroll to make sure it’s worth the cost. Raise the toll, and some employees will find they are no longer valuable enough to make the cut.

Economists generally agree that increases in the minimum wage cause unemployment even when the economy is prospering—something it has not been doing for the last year and a half. David Neumark, a professor at the University of California, Irvine, estimates this rise will destroy some 300,000 jobs among teens and young adults.

The problem is that by trying to forcibly change the relationship between entry-level workers and employers, the government actually hurts both parties. Entry-level workers whose lack of training or aptitude makes their work less economical at a mandatory higher pay rate lose the most: their jobs and their prospects of other minimum-wage jobs. Employers lose out, too, because some work is now uneconomical to have done, it either doesn’t get done at all or is outsourced.

July 22, 2009

Lottery winner receives extra prize

Filed under: Cancon, Law — Tags: , — Nicholas @ 08:45

A recent lottery winner in Ontario got an extra on top of the multi-million dollar cheque: a free arrest:

Some guys have all the luck.

That’s what Barry Shell of Brampton likely thought Monday when he went to pick up his nearly $4.4 million jackpot at Ontario Lottery and Gaming headquarters on Dundas St. W.

But after a smiling Shell, 45, had posed for an OLG photo holding his cheque for $4,377,298, he was arrested outside the building on outstanding criminal charges and taken into police custody.

The most interesting part, however, was this statement from the lottery officials:

Asked how a lottery win could result in the discovery of outstanding warrants, Rui Brum from OLG said last night: “A rigorous investigation process is followed any time a prize is claimed.

“Any flags that are raised are immediately forwarded to the OPP Bureau attached to the AGCO (the Alcohol and Gaming Commission of Ontario) for further investigation.”

H/T to Jon, who said “come to attention in the media or in some other way, and the state starts looking into you.”

QotD: Republican government

Filed under: Government, Law, Politics, Quotations, USA — Tags: , — Nicholas @ 00:04

Republican government is impossible in an age where not only are the bills too long for a reasonably engaged citizen to read, not only are they too long for a legislator to read, but they’re too long to write down before they’re passed into law. We just have to trust our rulers, and they just have to trust whichever aides negotiated whichever boondoggles with whichever lobbyists.

Mark Steyn, “Jacksonian America”, National Review, 2009-07-20

July 16, 2009

High Street (photographic) hijinks

Filed under: Britain, Law — Tags: , — Nicholas @ 09:53

In spite of the absurdity, it’s now apparently against the law to take photographs if you’re too tall:

According to his blog, our over-tall photographer Alex Turner was taking snaps in Chatham High St last Thursday, when he was approached by two unidentified men. They did not identify themselves, but demanded that he show them some ID and warned that if he failed to comply, they would summon police officers to deal with him.

This they did, and a PCSO and WPC quickly joined the fray. Turner took a photo of the pair, and was promptly arrested. It is unclear from his own account precisely what he was being arrested for. However, he does record that the WPC stated she had felt threatened by him when he took her picture, referring to his size — 5′ 11″ and about 12 stone — and implying that she found it intimidating.

Turner claims he was handcuffed, held in a police van for around 20 minutes, and forced to provide ID before they would release him. He was then searched in public by plain clothes officers who failed to provide any ID before they did so.

(Cross-posted to the old blog, http://bolditalic.com/quotulatiousness_archive/005588.html.)

July 12, 2009

Sauce for the goose

Filed under: Bureaucracy, Law, USA — Tags: — Nicholas @ 13:08

Rick Newcombe provides an insight into why Los Angeles is suffering from a killer combination of rising unemployment and tax rates that no longer meet expenses:

[. . .] 15 years ago we had a dispute with the city over our business tax classification. The city argued that we should be in an “occupations and professions” classification that has an extremely high tax rate, while we fought for a “wholesale and retail” classification with a much lower rate. The city forced us to invest a small fortune in legal fees over two years, but we felt it was worth it in order to establish the correct classification once and for all.

After enduring a series of bureaucratic hearings, we anxiously awaited a ruling to find out what our tax rate would be. Everything was at stake. We had already decided that if we lost, we would move.

You can imagine how relieved we were on July 1, 1994, when the ruling was issued. We won, and firmly planted our roots in the City of Angels and proceeded to build our business.

Everything was fine until the city started running out of money in 2007. Suddenly, the city announced that it was going to ignore its own ruling and reclassify us in the higher tax category. Even more incredible is the fact that the new classification was to be imposed retroactively to 2004 with interest and penalties. No explanation was given for the new classification, or for the city’s decision to ignore its 1994 ruling.

Their official position is that the city is not bound by past rulings — only taxpayers are. This is why we have been forced to file a lawsuit. We will let the courts decide whether it is legal for adverse rulings to apply only to taxpayers and not to the city.

The rule of law requires that both parties are equally subject to the outcome of a trial, win or lose. The city clearly feels that it’s above that.

(Cross-posted to the old blog, http://bolditalic.com/quotulatiousness_archive/005574.html.)

July 11, 2009

The new Irish Taliban regime

Filed under: Law, Religion — Tags: , — Nicholas @ 09:13

Victor sent me this link with the comment “Thought you might find this interesting… Worrisome, even.” He was right, I do find it quite disturbing:

As part of a revision to defamation legislation, the Dail (Irish Parliament) passed legislation creating a new crime of blasphemy. Update: The bill went to the Seanad on Friday, July 10, passing by a single vote. This attack on free speech, debated for several months in Europe, has gone largely unnoticed in the American press.

[. . .] How does this impact free speech? Just don’t be rude.

  • Atheists can be prosecuted for saying that God is imaginary. That causes outrage.
  • Pagans can be prosecuted for saying they left Christianity because God is violent and bloodthirsty, promotes genocide, and permits slavery.
  • Christians can be prosecuted for saying that Allah is a moon god, or for drawing a picture of Mohammed, or for saying that Islam is a violent religion which breeds terrorists.
  • Jews can be prosecuted for saying Jesus isn’t the Messiah.

At risk of being too flippant, it’s really just a codification of the kind of thought pattern exemplified by Canada’s various “Human Rights” commissions, focusing on religion, rather than other forms of free thought and free expression.

The actual text of the new legislation goes a long way to convert the police into uniformed Revolutionary Guards:

36. Publication or utterance of blasphemous matter.

(1) A person who publishes or utters blasphemous matter shall be guilty of an offence and shall be liable upon conviction on indictment to a fine not exceeding €100,000. [Amended to €25,000]

2) For the purposes of this section, a person publishes or utters blasphemous matter if (a) he or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial number of the adherents of that religion, and (b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.

(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.

37. Seizure of copies of blasphemous statements.

(1) Where a person is convicted of an offence under section 36, the court may issue a warrant (a) authorising any member of the Garda Siochana to enter (if necessary by the use of reasonable force) at all reasonable times any premises (including a dwelling) at which he or she has reasonable grounds for believing that copies of the statement to which the offence related are to be found, and to search those premises and seize and remove all copies of the statement found therein, (b) directing the seizure and removal by any member of the Garda Siochana of all copies of the statement to which the offence related that are in the possession of any person, © specifying the manner in which copies so seized and removed shall be detained and stored by the Garda Siochana.

(2) A member of the Garda Siochana may (a) enter and search any premises, (b) seize, remove and detain any copy of a statement to which an offence under section 36 relates found therein or in the possession of any person, in accordance with a warrant under subsection (1).

(3) Upon final judgment being given in proceedings for an offence under section 36, anything seized and removed under subsection (2) shall be disposed of in accordance with such directions as the court may give upon an application by a member of the Garda Siochana in that behalf.

What’s the Gaelic for “Death to the infidel”? Expect to hear a lot of it in the future.

(Cross-posted to the old blog, http://bolditalic.com/quotulatiousness_archive/005573.html.)

July 10, 2009

Maybe photographers in the UK actually do have rights

Filed under: Britain, Bureaucracy, Law, Liberty — Tags: , — Nicholas @ 12:56

Clive sent me this update from The Register:

The Metropolitan Police has issued guidance to its officers to remind them that using a camera in public is not in itself a terrorist offence.

There has been increasing concern in recent months that police have been over-using terrorism laws and public order legislation to harass professional and amateur photographers. The issue was raised in Parliament and the Home Office agreed to look at the rules.

The guidance reminds officers that the public do not need a licence to take photographs in the street and the police have no power to stop people taking pictures of anything they like, including police officers.

The over-used Terrorism Act of 2000 does not ban photography either, although it does allow police to look at images on phones or cameras during a search to see if they could be useful to a terrorist.

This is a belated follow-up to incidents like this one (oh, and this one, too). It’s refreshing to see that at least one government recognizes that recent police enforcement of a non-existant law must be curtailed. It’s also sad that this sort of thing is still so rare as to be noteworthy.

Oh, and Canadians shouldn’t try to be smug about this . . . we have over-enthusiastic police enforcement of mythical laws as well.

(Cross-posted to the old blog, http://bolditalic.com/quotulatiousness_archive/005569.html.)

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