Quotulatiousness

January 11, 2012

“I don’t know how these kids do it, how they go to school every day without breaking these laws”

Filed under: Bureaucracy, Education, Law, Liberty, USA — Tags: , , , — Nicholas @ 00:07

The further criminalization of what used to be ordinary childhood behaviour:

Each day, hundreds of schoolchildren appear before courts in Texas charged with offences such as swearing, misbehaving on the school bus or getting in to a punch-up in the playground. Children have been arrested for possessing cigarettes, wearing “inappropriate” clothes and being late for school.

In 2010, the police gave close to 300,000 “Class C misdemeanour” tickets to children as young as six in Texas for offences in and out of school, which result in fines, community service and even prison time. What was once handled with a telling-off by the teacher or a call to parents can now result in arrest and a record that may cost a young person a place in college or a job years later.

“We’ve taken childhood behaviour and made it criminal,” said Kady Simpkins, a lawyer who represented Sarah Bustamantes. “They’re kids. Disruption of class? Every time I look at this law I think: good lord, I never would have made it in school in the US. I grew up in Australia and it’s just rowdy there. I don’t know how these kids do it, how they go to school every day without breaking these laws.”

The British government is studying the American experience in dealing with gangs, unruly young people and juvenile justice in the wake of the riots in England. The UK’s justice minister, Crispin Blunt, visited Texas last September to study juvenile courts and prisons, youth gangs and police outreach in schools, among other things. But his trip came at a time when Texas is reassessing its own reaction to fears of feral youth that critics say has created a “school-to-prison pipeline”. The Texas supreme court chief justice, Wallace Jefferson, has warned that “charging kids with criminal offences for low-level behavioural issues” is helping to drive many of them to a life in jail.

December 17, 2011

Why is everyone upset about SOPA but not about all the other power grabs by the government?

Filed under: Government, Law, Liberty, Media, Technology — Tags: , , , — Nicholas @ 10:24

ESR wonders why SOPA seems to finally have woken up many people about their rapidly eroding liberties, but not all the other things the federal government has done:

A government that is big enough to give you everything you want is big enough to take everything away from you — including your Internet freedom.

That’s the thought that keeps running through my head as I contemplate the full-scale panic going on right now about SOPA, the “Stop Internet Piracy Act”.

It’s a bad bill, all right. It’s a terrible bill — awful from start to finish, idiotic to the core, corruptly pandering to a powerful special-interest group at the cost of everyone else’s liberty.

But I can’t help noticing that a lot of the righteous panic about it is being ginned up by people who were cheerfully on board for the last seventeen or so government power grabs — cap and trade, campaign finance “reform”, the incandescent lightbulb ban, Obamacare, you name it — and I have to wonder…

Don’t these people ever learn? Anything? Do they even listen to themselves?

December 14, 2011

Reason.TV: Weed wars

Filed under: Government, Health, Law, Liberty, USA — Tags: , , , , — Nicholas @ 17:05

November 26, 2011

Incentives matter, especially in policing

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:31

Radley Balko looks at how federal government incentives to local police departments are encouraging them to concentrate on minor drug offenders instead of helping the victims of violent crime:

Arresting people for assaults, beatings and robberies doesn’t bring money back to police departments, but drug cases do in a couple of ways. First, police departments across the country compete for a pool of federal anti-drug grants. The more arrests and drug seizures a department can claim, the stronger its application for those grants.

“The availability of huge federal anti-drug grants incentivizes departments to pay for SWAT team armor and weapons, and leads our police officers to abandon real crime victims in our communities in favor of ratcheting up their drug arrest stats,” said former Los Angeles Deputy Chief of Police Stephen Downing. Downing is now a member of Law Enforcement Against Prohibition, an advocacy group of cops and prosecutors who are calling for an end to the drug war.

“When our cops are focused on executing large-scale, constitutionally questionable raids at the slightest hint that a small-time pot dealer is at work, real police work preventing and investigating crimes like robberies and rapes falls by the wayside,” Downing said.

[. . .]

Several NYPD officers have alleged that in some precincts, police officers are asked to meet quotas for drug arrests. Former NYPD narcotics detective Stephen Anderson recently testified in court that it’s common for cops in the department to plant drugs on innocent people to meet those quotas — a practice for which Anderson himself was then on trial.

At the same time, there’s increasing evidence that the NYPD is paying less attention to violent crime. In an explosive Village Voice series last year, current and former NYPD officers told the publication that supervising officers encouraged them to either downgrade or not even bother to file reports for assault, robbery and even sexual assault. The theory is that the department faces political pressure to produce statistics showing that violent crime continues to drop. Since then, other New Yorkers have told the Voice that they have been rebuffed by NYPD when trying to report a crime.

November 12, 2011

Still no charges in the Gibson Guitar case

Filed under: Bureaucracy, India, Law, Media, USA, Woodworking — Tags: , , , , — Nicholas @ 11:00

An update in the Wall Street Journal just recaps the background to the case, and has an interview with Henry Juszkiewicz, the CEO.

On Aug. 24, federal agents descended on three factories and the Nashville corporate headquarters of the Gibson Guitar Corp. Accompanied by armored SWAT teams with automatic weapons, agents from the Fish and Wildlife Service swarmed the factories, threatening bewildered luthiers, or guitar craftsman, and other frightened employees. A smaller horde invaded the office of CEO Henry Juszkiewicz, pawing through it all day while an armed man stood in the door to block his way.

“I was pretty upset,” Mr. Juszkiewicz says now, sitting outside that same office. “But you can only do so much when there’s a gun in your face and it’s the federal government.” When the chaos subsided, the feds (with a warrant issued under a conservation law called the Lacey Act) had stripped Gibson of almost all of its imported Indian rosewood and some other materials crucial to guitar making.

The incident attracted national attention and outrage. Like Boeing — whose plans to locate new production in South Carolina are opposed by the National Labor Relations Board — here was an iconic American brand under seemingly senseless federal fire.

October 20, 2011

Polls indicate 50% of Americans now support legalizing marijuana

Filed under: Health, Law, Liberty, USA — Tags: , , , , — Nicholas @ 12:13

Cue all the “what are they smoking?” jokes:

Once in office, Jimmy Carter didn’t abandon his temperate approach to cannabis. He proposed that the federal government stop treating possession of small amounts as a crime, making a sensible but novel argument: “Penalties against possession of a drug should not be more damaging to an individual than the use of the drug itself.”

Nothing came of it, of course. Carter’s logic was unassailable even 35 years ago, but it has yet to be translated into federal policy. The American experience with prohibition of alcohol proved that we are capable of learning from our mistakes. The experience with prohibition of marijuana proves that we are also capable of doing just the opposite.

The stupidity and futility of the federal war on weed, however, has slowly permeated the mass consciousness. This week, the Gallup organization reported that fully 50 percent of Americans now think marijuana should be made legal. This is the first time since Gallup began asking in 1969 that more Americans support legalization than oppose it.

[. . .]

Over the past 30 years, federal spending to fight drugs has risen seven times over, after inflation. Since 1991, arrests for possession of pot have nearly tripled. But all for naught.

As a report last year by the International Centre for Science in Drug Policy noted, more high school students and young adults get high today than 20 years ago. More than 16 million Americans smoke dope at least once a month. Pot is just as available to kids as it ever was, and cheaper than before.

If we had gotten results like this after reducing enforcement, the new policy would be blamed. But politicians who support the drug war never consider that their remedies may be aggravating the disease. They follow the customary formula for government programs: If it works, spend more on it, and if it fails, spend more on it.

October 13, 2011

Canadian liberty: “The entitlement to consume milk, raw or otherwise, is not a Charter-protected right”

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 09:31

Karen Selick reports on a recent court decision that shows just how far Canadians’ liberties are constrained by the judiciary:

Dairy farmer Michael Schmidt has been campaigning to legalize the sale of raw (unpasteurized) milk for 17 years. In 2010, he was acquitted on 19 charges by a justice of the peace who ruled that “cow sharing” was a legitimate way to provide raw milk to informed consumers who don’t live on farms.

On Sept. 28, a judge reversed portions of that decision and found Schmidt guilty on 13 charges.

But the judge ventured beyond the subject of raw milk, saying: “The entitlement to consume milk, raw or otherwise, is not a Charter-protected right.”

The implications are far reaching. If the judge is right about this, future courts could similarly declare that you have no right to eat meat, poultry, seafood, fruit, vegetables or grains, even if government approved. In short, you may have no right to eat anything at all.

[. . .]

In one very technical sense, the courts’ statements are accurate: There is no specific reference to milk, or indeed, any food in the Canadian Charter of Rights and Freedoms or the U.S. Bill of Rights. But both documents are equally silent about any right to get out of bed in the morning, to stretch, to brush your teeth, to use the bathroom, to put on clothes. If constitutions had to enumerate every single thing that North Americans normally consider themselves free to do, they would be a zillion pages long.

Instead, the people who drafted these constitutional documents used a simple shortcut to eliminate the zillion pages. They said that people had the right to liberty.

The Charter was, after all, designed to rein in government, not to rein in individuals. It did not purport to grant us our rights or freedoms; rather, it recognized that those freedoms already existed. It guarantees in its very first section that the state may not infringe on our freedoms except by “such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”

May 18, 2011

Reminder: check state law before videotaping the police

Filed under: Law, Liberty, Media — Tags: , , , , , — Nicholas @ 00:02

Clive sent me this Wendy McElroy post from last year, but it’s still (mostly) valid today:

In response to a flood of Facebook and YouTube videos that depict police abuse, a new trend in law enforcement is gaining popularity. In at least three states, it is now illegal to record any on-duty police officer.

Even if the encounter involves you and may be necessary to your defense, and even if the recording is on a public street where no expectation of privacy exists.

The legal justification for arresting the “shooter” rests on existing wiretapping or eavesdropping laws, with statutes against obstructing law enforcement sometimes cited. Illinois, Massachusetts, and Maryland are among the 12 states in which all parties must consent for a recording to be legal unless, as with TV news crews, it is obvious to all that recording is underway. Since the police do not consent, the camera-wielder can be arrested. Most all-party-consent states also include an exception for recording in public places where “no expectation of privacy exists” (Illinois does not) but in practice this exception is not being recognized.

It shouldn’t need to be said that the police and the courts who’ve backed the police on this issue are wrong. But they appear to be running scared, at least in a few states:

Carlos Miller at the Photography Is Not A Crime website offers an explanation: “For the second time in less than a month, a police officer was convicted from evidence obtained from a videotape. The first officer to be convicted was New York City Police Officer Patrick Pogan, who would never have stood trial had it not been for a video posted on Youtube showing him body slamming a bicyclist before charging him with assault on an officer. The second officer to be convicted was Ottawa Hills (Ohio) Police Officer Thomas White, who shot a motorcyclist in the back after a traffic stop, permanently paralyzing the 24-year-old man.”

When the police act as though cameras were the equivalent of guns pointed at them, there is a sense in which they are correct. Cameras have become the most effective weapon that ordinary people have to protect against and to expose police abuse. And the police want it to stop.

May 15, 2011

Texas on the verge of righting a major wrong

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 11:24

Lenore Skenazy is delighted that Texas is about to enact a law that removes one of the stupidest situations in modern law enforcement:

Hey Readers! Once in a while, common sense actually wins a biggie. That’s what’s happening right now in Texas, where the governor seems set to sign a “Romeo & Juliet” bill that would prevent teens and young adults who have consensual sex from ending up as official “Sex Offenders,” required to register for life.

This is the kind of insane law that would charge an underage couple who’d had sex — charging each of them as sex offenders for having sex with the other — with both of them ending up on the sexual offenders list for life.

That is beyond crazy. That is LIFE ruining — and for what? Who does it help? No one. Who does it hurt? The very people it is supposed to protect: young people.

Thank god the legislature had the gumption to re-introduce the Romeo & Juliet bill, which the Governor, Rick Perry, vetoed in 2009. Let’s give a big hand to its sponsors: Texas State Rep. Todd Smith and Texas Sen. Royce West (one Democrat and one Republican — this is NOT a partisan issue)!

May 12, 2011

30 years in prison for taking photos of farms?

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 00:08

As we all know, there are no higher risk facilities in the United States than the farm:

According to the New York Times, the Iowa bill, which has passed the lower house of the legislature in Des Moines:

would make it a crime to produce, distribute or possess photos and video taken without permission at an agricultural facility. It would also criminalize lying on an application to work at an agriculture facility “with an intent to commit an act not authorized by the owner.”

From a libertarian perspective, there’s so much wrong with these bills that it’s hard to know where to begin. Maybe with the bills’ ridiculous overbreadth and over-punitiveness — the Florida proposal, for example, apparently would ban even roadside photography of farms, and send offenders to prison for as much as thirty years. In proposing a (very likely unconstitutional) ban on even the possession of improperly produced videos, the Iowa bill, ironically or otherwise, echoes the tireless legislative efforts of some animal rights activists over the years to ban even possession of videos depicting dogfights and other instances of animal cruelty, for example.

Wouldn’t that kind of prison sentence for unauthorized photography be considered extreme in the old Soviet Union?

February 26, 2011

Arrested, beaten, tortured, and charged with treason . . . for watching viral videos

Filed under: Africa, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 11:00

No matter how you say it, Zimbabwe is seriously screwed up:

Munyaradzi Gwisai, a lecturer at the University of Zimbabwe’s law school, was showing internet videos about the tumult sweeping across North Africa to students and activists last Saturday, when state security agents burst into his office.

The agents seized laptop computers, DVD discs and a video projector before arresting 45 people, including Gwisai, who runs the Labor Law Center at the University of Zimbabwe. All 45 have been charged with treason — which can carry a sentence of life imprisonment or death — for, in essence, watching viral videos.

Gwisai and five others were brutally tortured during the next 72 hours, he testified Thursday at an initial hearing.

There were “assaults all over the detainees’ bodies, under their feet and buttocks through the use of broomsticks, metal rods, pieces of timber, open palms and some blunt objects,” The Zimbabwean newspaper reports, in an account of the court proceedings.

Under dictator Robert Mugabe, watching internet videos in Zimbabwe can be a capital offense, it would seem. The videos included BBC World News and Al-Jazeera clips, which Gwisai had downloaded from Kubatana, a web-based activist group in Zimbabwe.

December 29, 2010

Recycling: it’s not economics, it’s control

Filed under: Bureaucracy, Economics, Environment, Government, Politics — Tags: , , — Nicholas @ 00:03

Gregg Easterbrook points out the stupidities of many municipal recycling programs:

Freeze! Drop That Discarded Dishwasher or I’ll Shoot! The New York Times recently reported that unwanted appliances — old washing machines and so on — placed on the curb for disposal in New York City have been “disappearing.” With scrap metal prices strong, what the article calls “thieves” have been driving along streets scheduled for used-appliance pickups — in New York City, this happens by published schedule — and taking away the unwanted junk before the city’s officially approved recycler arrives. The “thieves” then sell the unwanted junk as scrap metal.

Set aside whether it’s theft to take an unwanted item that has been discarded in a public place. New York City bureaucrats think so; they’ve instructed police to ticket anyone engaged in recycling without government sanction. Twenty years ago, New York City bureaucrats were demanding that citizens recycle whether they wished to or not, and imposing fines for failure to comply. Now if the average person is caught recycling, it’s a police matter.

This issue is not the cleanliness of streets or the environmental benefits of recycling — it’s control of money. The New York City Sanitation Department pays a company called Sims Municipal Recycling about $65 million annually to pick up and recycle metal, glass and aluminum. Notice what’s happening here? Recycling is supposed to make economic sense. If it did, then the recycling company would be paying the city. Instead the city is paying the company. Montgomery County, Maryland, my home county, imposed recycling rules saying they made economic sense. Now the county charges homeowners $210 annually as a recycling tax. If recycling made economic sense, government would pay homeowners for the privilege of picking up their valuable materials. Instead New York City, Montgomery County and many other government bodies charge citizens for something they claim makes economic sense.

Recycling of aluminum makes good economic sense, given the energy cost of aluminum and the high quality of recycled aluminum. Depending on where you are in the country, recycling of newspapers may make sense. Recycling of steel and copper usually makes sense. But recycling of glass, most plastics and coated paper is a net waste of energy. Often the goal of government-imposed recycling program is to use lack of understanding of economics to reach into citizens’ pockets and forcibly extract money that bureaucrats can control.

Notice what else is happening here — New York City pays a company millions of dollars to do something “thieves” will do for free. The “thieves” harm no one, and could save New York City taxpayers considerable money. But then bureaucrats wouldn’t be in control. And surely no-show jobs and kickbacks have nothing, absolutely nothing, to do with New York City sanitation contracts.

December 16, 2010

Former UK defence secretary calls for drug legalization

Filed under: Britain, Law, Liberty — Tags: , , , — Nicholas @ 08:51

Why is it that they always seem to come to a sensible conclusion only after they’re in a position to do anything about it?

A former Labour minister was rebuked by Ed Miliband’s office today after calling for a “grown-up debate” to consider legalising drugs on the grounds that prohibition has failed to protect the public.

Bob Ainsworth, the MP for Coventry North East, who previously served as a drugs minister in the Home Office and as defence secretary, has claimed that the war on drugs has been “nothing short of a disaster” and that it was time to study other options, including decriminalising possession of drugs and legally regulating their production and supply.

His comments were met with dismay by the party leadership, while fellow backbencher John Mann claimed that Ainsworth “doesn’t know what he’s talking about”.

The problem is likely that while you’re in power, if you step too far out of line with the orthodox view, you risk being pushed out of power. Even so, it’s nice to see that sometimes politicians can see the forest for the trees:

Ainsworth, who claimed that his departure from the frontbenches now allowed him to express his “long-held view” on drugs policy, is due to lay out his case later today at a debate in Westminster Hall.

He said his ministerial stint in the Home Office made him see that prohibition failed to reduce the harm that drugs cause in the UK, while his time as defence secretary with specific responsibilities in Afghanistan, “showed to me that the war on drugs creates the very conditions that perpetuate the illegal trade, while undermining international development and security”.

December 6, 2010

QotD: Ignorance of the law is overwhelmingly common, and getting worse

Filed under: Cancon, Law, Liberty, Quotations — Tags: , , , — Nicholas @ 13:07

The maxim “Ignorance of the law is no excuse” made sense back in the days when the only kind of acts that were illegal were genuine crimes that caused palpable harm to innocent victims: murder, rape, theft, etc.

But with the growth of the regulatory state, every individual is now subject to thousands of pages of densely written federal, provincial and municipal statutes and regulations. The law is also embodied in innumerable judicial decisions. And it’s all in continual flux: Regulations are passed without parliamentary debate, and courts release new judgments daily.

There is probably not a single law professor, judge or legislator in Canada who has even a passing familiarity with, let alone full comprehension of, all the laws we are required to obey. The average joe doesn’t stand a chance. We are all potential offenders every day, no matter how law-abiding we might wish to be.

Given this welter of law, how should those responsible for enforcing it conduct themselves?

Karen Selick, “Drop that pig and put your hands in the air”, National Post, 2010-12-06

November 11, 2010

Even more reason to believe that ACTA is a bad deal

Filed under: Bureaucracy, Law, Liberty, Media — Tags: , , , , , — Nicholas @ 08:45

From the folks at BoingBoing:

New revelations on ACTA, the Anti-Counterfeiting Trade Agreement (ACTA), a secretive global copyright being privately negotiated by rich countries away from the UN: ACTA will require ISPs to police trademarks the way they currently police copyright. That means that if someone accuses you of violating a trademark with a web-page, blog-post, video, tweet, etc, your ISP will be required to nuke your material without any further proof, or be found to be responsible for any trademark violations along with you. And of course, trademark violations are much harder to verify than copyright violations, since they often hinge on complex, fact-intensive components like tarnishment, dilution and genericization. Meaning that ISPs are that much more likely to simply take all complaints at face-value, leading to even more easy censorship of the Internet with nothing more than a trumped-up trademark claim.

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