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Archive for the 'Law Enforcement' Category

To whom does Polanski owe a debt?

October 2nd, 2009, 3:57 pm by by Alan Bock, Register editorial writer

I kept having mixed feelings about Roman Polanski, but Don Boudreaux, chairman of the econ dept. at George Mason University has helped to clarify my thinking. Polanski doesn’t owe a “debt to society” but a debt to the person he wronged. My understanding is that he has reached a private settlement with her. Here’s Don:

Wondering if Roman Polanski’s rape of a 13-year-old girl in 1977 should be forgiven because of the tragedies that Polanski himself has suffered, Meghan Daum notes that “Part of what makes the Polanski case fascinating - as well as repugnant - is that it’s infused with these sorts of existential questions about what evens the scales” (”Polanski’s pain isn’t penance,” Oct. 1).

Here’s one thing that does NOT “even the scales”: imprisonment.  Imprisonment is justified to restrain violent persons, and perhaps also to serve as a deterrent to others who might commit serious crimes.  Contrary to popular myth, though, being imprisoned does not amount to “paying one’s debts” to society.  Imprisonment isn’t a process whereby prisoners compensate their victims.

Furthermore, Polanski’s victim isn’t society; it’s Samantha Gailey.  He damn well owes HER something - and if she wants, she should collect.  But let’s be clear that imprisoning Polanski would in no way promote the worthy goal of having him pay for his crime with compensation paid to his actual victim.

Sincerely,
Donald J. Boudreaux
Professor of Economics
George Mason University
Fairfax, VA 22030

What do you think?

The Right to Be Rude

July 24th, 2009, 8:01 am by sshackford

Here’s a great quote from Ta-Nehisi Coates that really speaks to the subtleties of how police arrogance continues to damage the relationship with law enforcement representatives and the people they (are supposed to) serve while explaining why he is reluctant to call the police in many situations:

“I think the source of a lot my reasoning is the cop’s own response to Gates. A lot of us here believe that is possible that Gates was, at least, rude. We also aren’t sure what — if any — role race played in all this. That said, the cop not only thinks Gates was rude to him but he handled the situation exactly right. Given that dude thinks police should be arresting citizens for rudeness, he is not the guy I’d want dealing with the kids in my neighborhood — even the ones who need to be in custody.”

It really blows my mind, though it shouldn’t at this point, that police are defending the right to arrest people for being rude to them and failing to grasp how this thoroughly damages their social contract with the public. Who wants somebody with that poor sense of proportion to be around their children? It teaches children a dangerous lesson — that personal offense is an acceptable reason for retribution under the color of authority.

Here is an utterly horrifying response from David Holway, president of the International Brotherhood of Police Officers: “What we don’t need is public safety officials across the country second-guessing themselves.” If public safety officials are considering arresting people for being rude to them then yes, actually, we really, really do need public safety officials second-guessing themselves.

P.S. If you’re the kind of libertarian who thrives on having smart arguments presented by non-libertarians to hone your views, I can’t recommend reading Coates’ blog enough. He comes from the left and writes about race issues, but with a deft grasp of how racism plays out in the real world, with a sense of personal humility, and without excusing anybody’s behavior on any side. He has a great knack for calling out racist statements and actions without resorting to the shrill, mind-numbing tactics of those who have made a career of being victims. If you need a guy to (figuratively) smack you aside the head when you say somethng stupid and explain why rather than trying to lay a collegiate jargon-laden guilt trip on you, he’s the one. Also, he has some of the best commenters on the Web. And he plays World of Warcraft.

Scott Shackford

Editing to add: Jacob Sullum over at Reason has an analysis of how disorderly conduct laws are written and how they easily allow for police abuse.

Pre-Crime Comes to England

July 17th, 2009, 11:09 am by Bill Goodwin

Thinking about hosting a summer BBQ? Fine. Thinking about inviting 15 friends? That’s cool. Put up an announcement on Facebook? Here come the SWAT teams.

Brit Andrew Poole organised a simple barbeque to celebrate his 30th birthday party. He expected a total of 17 guests, so he bought a lot of burgers, rented a marquee and put some batteries into the portable MP3 player, as anyone with an impending significant birthday and an unused BBQ stove would. But his first mistake was to create an events page on Facebook. His second was to send out invitations to join the BBQ in a Devon field owned by a friend.

However, Minority Report became real when when eight police officers, some dressed in body armour, swooped in via a helicopter and a riot van. Police claimed they received reports a “large-scale” dance rave organised via something called the Internet. Police said local residents had tipped them off about a possible rave, which suggests that the “red ball” in this case was the people Poole is connected to on Facebook who tipped off the authorities.

Said Poole: “The thing (the helicopter) hovered over us for about 25 minutes, watching 15 people eat. They told us to take down the sound system and said everybody has got to leave. It was 4pm and we had not plugged in the music. What effectively police did was to stop 15 people eating burgers.”

More on this ridiculous story of police “anticipating crime” here.

“Cowardly” iPhone Users Follow the Law, Irritate DC Police Chief

July 14th, 2009, 9:13 am by Bill Goodwin

What would you call an iPhone app that reminded you of the location of various speed traps, encouraging drivers to stay at a safe speed within the law? Most of us would consider that a good idea. The DC chief of police, forseeing the end of a revenue source that has generated $1 billion for the district over the past three years, calls it “cowardly.”

The new technology streams to i-Phones [sic] and global positioning system devices, sounding off an alarm as drivers approach speed or red-light cameras.

Lanier said the technology is a “cowardly tactic” and “people who overly rely on those and break the law anyway are going to get caught” in one way or another.

The greater D.C. area has 290 red-light and speed cameras — comprising nearly 10 percent of all traffic cameras in the U.S., according to estimates by a camera-tracking database called the POI Factory.

Check the full piece here.

Will This Be the Summer of Police Harassment?

June 29th, 2009, 11:58 am by sshackford

The budget crunch is making the law enforcement pursuit of “low-hanging fruit” in order to justify their taxpayer burden an even bigger source of fear for the average resident.

Over the weekend, two very strange police raids — one on a gay bar in Texas and one due to a noise complaint at a political fund-raiser in California — made me wonder what if an already bad authority abuse trend is going to get even worse over the hot summer.

Here in Barstow, we got a press release from the city over a weekend raid and roundup of parolees, et cetera. (they’ve promised regular sweeps throughout the summer). They even kindly provided the names of all the folks they’ve arrested (more than 20 of which appear to live in the same apartment complex). However, when my reporter started looking up names in the county’s arrest tracker, she can only find evidence that three of these guys were actually charged with anything. Don’t know the details of the rest yet. There could be a perfectly logical explanation.

Right before I sat down to write this, we had a homeless resident come in to ask if we’d do a profile of him. I took down his name and number of out of politeness and went back to work. A few minutes later, the sales staff informed me that the police stopped by (nobody here called them) and picked the guy up, leaving his belongings, and apparently his dog, on the sidewalk right outside our office. We have no idea why they took him. His dog is sitting here right outside the door waiting for him to come back. We’re giving him water, as it’s supposed to get up to 108 degrees out here today.

Again, could be a perfectly logical explanation, but it’s a bit disconcerting. Why am I more concerned about what the police in my neighborhood are doing than I am the drug dealers?

Scott Shackford

Instructive Quote in Identifying Bad Laws

June 16th, 2009, 11:03 am by sshackford

“Here’s a pretty good rule of thumb: If you’re naming a piece of crime legislation after a crime victim, it’s probably a bad law. It means you’re legislating out of anger, or in reaction to public anger over a specific incident. That’s generally not how good policy is made.”

That’s Radley Balko, well-known police and prosecutorial misconduct analyst, in a Q&A with The Atlantic magazine. Fits in well with my comments on hate crime laws. Read more from Balko here.

Scott Shackford

How We Talk About Hate Crimes

June 12th, 2009, 7:58 am by sshackford

(Note: While I was about halfway working through this piece, the shooting at the Holocaust Museum took place and I discovered that this week is the anniversary of “1984.” What odd timing.)

So we’ve got the Matthew Shepard Hate Crimes Prevention Act (which doesn’t actually “prevent” anything, but never mind) working its way through the legislature right now, and it looks as though Republicans are less hostile to these laws than in the past, given that they’re apparently introducing friendly amendments to shore up individual gun rights.

I’ve gone back and forth on hate crimes for years, finally deciding against them for good about four years ago. Initially, I thought of them as silly and pointless and placing the value of some lives above others, but was swayed by arguments that hate crimes were a form of domestic terrorism (this was prior to 2001). Ultimately, I ended up concluding that hate crime sentence enhancements didn’t do anything that normal sentencing guidelines couldn’t do, were a largely symbolic gesture, didn’t work, and would ultimately result in unintended consequences. It wasn’t an easy decision — I’ve never been a hate crime victim, but I’ve been threatened multiple times (also, I’ve met Judy Shepard, who is simply a wonderful person) — but it’s the right one.

Read the rest of this entry »

Heroic Moments in Law Enforcement

May 19th, 2009, 9:01 am by Bill Goodwin

The only thing more disturbing than the cop who kicks this gang member in the face is the attempts to defend this behavior by the Fox hosts.

Via The Liberty Papers:

For going above and beyond the call of duty, I herby nominate these three members of L.A.’s finest to receive the Ramos-Compean Medal of Valor. As clearly shown in the footage below, the first officer bravely kicked the suspect in the head after he had surrendered. The second officer also deserves to be recognized for his efforts in protecting the community for punching the disoriented man as a precautionary measure. Last but not least, the third officer also deserves this distinguished honor for his dog handling skills to have the dog bite the suspect!

YouTube Preview Image

Motorhome Diaries Pulled Over, Arrested

May 14th, 2009, 12:25 pm by Bill Goodwin

Prison

Details are thin on the ground, but the Motorhome Diaries crew, who visited us in Fullerton a couple weeks ago, have been pulled over and thrown in the clink. From Free Keene:

It went down this morning in Jones County, MS. Jason Talley posted this to MHD’s Twitter:

“We are in Jones County MS and @adammueller has been arrested for filming cops after they pulled us over.”
http://img15.imageshack.us/my.php?image=q72.jpg&via=tfrog

Later, other posts to Jason’s facebook page revealed they were all arrested. After asking for details and hearing nothing, I called the Jones County Jail at 601-649-7502 and confirmed they have all been imprisoned.

Adam Mueller - Disorderly Conduct and Disobeying an Officer
Pete Eyre - Possession of a Beer in a Dry County
Jason Talley - Disorderly Conduct, Disobeying, and Resisting Arrest

The bureaucrats at the jail think they will be arraigned tomorrow, so if you live in Jones County, MS, you may want to show up to offer your help and support.

We’ll keep you posted. Best of luck to the MHD team.

Be Prepared…to Fight Terrorists

May 14th, 2009, 11:21 am by Bill Goodwin

The NY Times reports today on the evolution of the Explorers program. Once a way for the Boy Scouts to keep older members engaged, it’s apparently been redesigned for a post-9/11 era. What does that entail? Apparently, everything from how to be a hardass border agent to tactical weapons training.

Ten minutes into arrant mayhem in this town near the Mexican border, and the gunman, a disgruntled Iraq war veteran, has already taken out two people, one slumped in his desk, the other covered in blood on the floor.

The responding officers — eight teenage boys and girls, the youngest 14 — face tripwire, a thin cloud of poisonous gas and loud shots — BAM! BAM! — fired from behind a flimsy wall. They move quickly, pellet guns drawn and masks affixed.

“United States Border Patrol! Put your hands up!” screams one in a voice cracking with adolescent determination as the suspect is subdued.

It is all quite a step up from the square knot.

The Explorers program, a coeducational affiliate of the Boy Scouts of America that began 60 years ago, is training thousands of young people in skills used to confront terrorism, illegal immigration and escalating border violence — an intense ratcheting up of one of the group’s longtime missions to prepare youths for more traditional jobs as police officers and firefighters.

There are so many things wrong with this program, it’s hard to know where to start.

A) The militarization of the Boy Scouts

B) Treating the Border Patrol as a terrorist response team

C) Putting the war in Drug War

Oh right, that part:

The training, which leaders say is not intended to be applied outside the simulated Explorer setting, can involve chasing down illegal border crossers as well as more dangerous situations that include facing down terrorists and taking out “active shooters,” like those who bring gunfire and death to college campuses. In a simulation here of a raid on a marijuana field, several Explorers were instructed on how to quiet an obstreperous lookout.

“Put him on his face and put a knee in his back,” a Border Patrol agent explained. “I guarantee that he’ll shut up.”

Wow. This is just like the spirit of the Boy Scouts. What merit badge is that one for: abusive law enforcement? Obnoxious police stereotypes? A**holery?

One of the commenters over at The Agitator made a very pointed observation:

Wow. When I was in JROTC in high school, the instructors and military guests were always extremely careful not to teach anything that could be construed as tactical training. Sure, we have small bore rifle (later pellet rifle) training, but you never fired at a human shaped target or took them off the range. We had drill team, but the rifles were demiliterized M1903s that were used only for drill practice. We had land nav, but we never were taught movement to contact or react to ambush. Even at camp we never fired weapons, and never practiced any tactical manuevers. Even in a deep south, red state, military town 10 years ago those and similiar skills would have been seen as crossing a line. Even wearing BDUs was rare, and mainly student driven.

Now? I guess teaching kids to put a knee in the back, wear tactical vests with pellet guns, and then practicing assualt tactics is A-OK. Jeez, from the article that training looked better than what I got in the Army.

Indeed. This program needs to be ended.