Police Statism

What happens to a justice system when it grants legal immunity to those in power for their malicious acts toward the innocent and vulnerable? A 6-year-old boy is charged with first-degree sexual assault for playing doctor with friends; the Class B felony can be punished by up to 60 years imprisonment.

PLAYING DOCTOR BECOMES A FELONY

Last fall, a six-year-old Wisconsin boy played doctor with another boy and girl, both of whom were 5. Depending on whose story is credited, some touching of the girl’s bare buttocks occurred and/or a finger was inserted into the girl’s anus. (The girl denied the penetration to police.)

On November 15, 2011, the parents of the boy filed a federal lawsuit against Wisconsin’s Grant County district attorney, a social worker and a now-retired Sheriff’s Office investigator. The reason? The boy, who is now merely known as “D”, was charged with first-degree sexual assault. He has been so vigorously pursued by Grant County officials that D’s attorney Christopher Cooper states, “I think his life has been ruined, and I think it’s been ruined by reckless conduct by the defendants without any regard for the little boy and his future.”

At 7 years old, D cannot currently be prosecuted or even named in court records. But the parents accuse county officials of using threats to force them to sign a Consent decree (a blanket permission to deal with their son). They claim officials harangued them and D to admit his guilt and to have him receive social and protective services. If a confession was not produced, then the parents were told that D could be listed as a sex offender when he turned 18. That would label him a second-class citizen, both legally and in life’s important opportunities such as career, education, and residency.

If accurate, the parents’ lawsuit reveals a tale of arrogant power, political favors, malice, and utter disregard for a child’s welfare. [Keep reading…]

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J. Edgar, the new film directed by Clint Eastwood and starring Leonardo DiCaprio, is making the news for dealing frankly with the decades old rumors concerning Hoover’s private life. But that’s not what makes the film immensely valuable. Its finest contributions are its portrait of the psycho-pathologies of the powerful and its chronicle of the step-by-step rise of the American police state from the interwar years through the first Nixon term.

The current generation might imagine that the egregious overreaching of the state in the name of security is something new, perhaps beginning after 9/11. The film shows that the roots stretch back to 1919, with Hoover’s position at the Justice Department’s Bureau of Investigation under attorney general A. Mitchell Palmer. Here we see the onset of the preconditions that made possible the American leviathan.

Palmer had been personally targeted in a series of bomb attacks launched by communist-anarchists who were pursuing vendettas for the government’s treatment of political dissidents during the first world war. These bombings unleashed the first great “red scare” in American history and furnished the pretext for a gigantic increase in federal power in the name of providing security. In a nationwide sweep, more than 60,000 people were targeted, 10,000 arrested, 3,500 were detained, and 556 people were deported. The Washington Post editorial page approved: “There is no time to waste on hairsplitting over infringement of liberties.”

Here we have the model for how the government grows. The government stirs up some extremists, who then respond, thereby providing the excuse the government needs for more gaining more power over everyone’s lives. The people in power use the language of security but what’s really going on here is all about the power, prestige, and ultimate safety of the governing elite, who rightly assume that they are ones in the cross hairs. Meanwhile, in the culture of fear that grips the country – fear of both public and private violence – official organs of opinion feel compelled to go along, while most everyone else remains quiet and lets it all happen.

The remarkable thing about the life of Hoover is his longevity in power at every step of the way. With every new frenzy, every shift in the political wind, every new high profile case, he was able to use the events of the day to successfully argue for eliminating the traditional limits on federal police power. One by one the limitations fell, allowing him to build his empire of spying, intimidation, and violence, regardless of who happened to be the president at the time.

[Keep reading…]

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I am not a smoker. Never have been. Frankly, I admit to thinking it’s a vile habit. Those caveats aside, the treatment of smokers in the U.S. is something of a quandary to me. Here is a group composed of a cross-section of Americana that might be unrivaled in its breadth. Rich people smoke. Poor people smoke. People of color smoke. White people smoke. Men smoke. Women smoke. Young folks smoke. Old fogies smoke. Lawmakers smoke. Hell, even the POTUS has been known to light up a time or two. Truly, everybody is represented on the smoking band wagon. With all that representation, again I ask:   Why isn’t there an all-smoking airline? The answer is obvious: because the government says so. The obligatory airline safety briefing contains words to this effect: “Federal regulations prohibit smoking on airplanes.” Why in the hell…?

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Keeping Rights on Paper, Losing Them on the Streets

by Robert Wicks July 22, 2011

While many people love to promote the various rights guaranteed by the Constitution, it is interesting to see how rights are restricted not through legislation or even an active judiciary, but simply by law enforcement not respecting them. Consider the right to keep and bear arms and this officer’s reaction to a man exercising his [...]

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Bastiat on Rome

by Stephan Kinsella April 18, 2011

Consider Bastiat’s comments on Rome and how–if you substitute for slavery the drug war and tax slavery–they apply to the modern US: What is to be said of Roman morality? And I am not speaking here of the relations of father and son, of husband and wife, of patron and client, of master and servant, [...]

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Don’t you ever interrupt me while I’m reading a book, Pig!

by Geoffrey Allan Plauché January 28, 2011

Amusing bibliophile-parody music video — I’m Reading a Book — by Julian Smith:

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Enjoy Snitchin’? There’s an App for That

by Brian Martinez December 15, 2010

If you suspect your neighbors are cooking up meth or fertilizer bombs in their basement — or maybe you just want those damn kids to get off your lawn — “help” from the government is as close as your iPhone: The PatriotApp links your phone to American security and law enforcement agencies via the Internet [...]

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