Category Archives: Crime and Punishment

This Advice Could Save Your Life and Preserve Your Liberty

garner

The fact that the police can get away with killing an individual who presented no threat to anyone with the whole incident caught on camera is quite disturbing. A grand jury decided not to indict a NYPD officer by the name of Daniel Pantaleo who used a choke-hold banned by his own department which resulted in the death of Eric Garner. Unlike the incident in Ferguson which contained conflicting testimony and forensics which support Darren Wilson’s version of the event, this event in New York was caught on video from at least two different camera angles (and available on YouTube for the whole world to see). This seems pretty cut and dry at least for an indictment.

So how is it that almost any accused individual brought before a grand jury is indicted unless the accused individual happens to wear a government issued costume? Are grand juries really that biased toward the police? After reading a few dozen comments on threads responding to the grand jury decision, I’m afraid the answer is yes (if you want to lose all hope for humanity, read the comment section to any article of consequence). I reach this conclusion because these are the sort of people who serve on juries and decide that it’s perfectly okay for the police to kill someone if the suspect had any criminal record of any kind, resisted in any way, or even “disrespected” the police on the scene.

The truth is that reforming the way police do things is going to take time as changing people’s attitudes is going to take time. There are things that we as individuals can do here and now so that we don’t become victims of the police, however. Many of these perfect, law abiding specimens of humanity who like to share their wisdom with the rest of us on the internet say that if Eric Garner hadn’t resisted (at all) he would never have been put in the choke hold that contributed or caused his death. On this point, I grudgingly have to agree.

I don’t say this because I believe the use of force against Garner was appropriate but because far too many people do (and juries are composed of people who aren’t always very reasonable).

One common thread in many of these viral videos where the police overreact is that the individual either resists (however mildly), makes a sudden move, or is perceived as being armed [1]. The worst thing you can do is give the cops a reason to use force and an excuse for jurors who will normally give the police the benefit of the doubt a reason to doubt.

So how does one increase one’s odds of surviving an encounter with an overzealous cop? Here are a few suggestions.

1. Before you end your session on the internet today, watch Flex Your Rights’ “10 Rules for Dealing With Police.” I have the entire series and a summary of the rules posted here. If you know how you can respectfully but firmly assert your constitutional rights before the next time you are confronted by the police, you will have advantages most people do not and you will reduce the chances that the encounter will escalate to violence.

2. Act as if the encounter is being recorded and your actions will be scrutinized in front of a judge, jury, and/or the general public. For better or worse, cameras have become ubiquitous, so the chances the encounter is being recorded increase everyday. Use this to your advantage. Better yet, if you have a camera phone, record the encounter yourself. Recording the police in public is legal almost everywhere in the U.S. Follow this link to be sure of the specific legalities of your state. Once you have the camera rolling, follow the aforementioned “10 rules” and be the kind of person a judge, jury, and the general public would be sympathetic toward. If you act like a jerk or are disrespectful in any way (regardless of how the cop acts) this could all backfire.

3. Don’t make any sudden moves and keep your hands visible at all times. If you are pulled over keep your hands on the steering wheel and turn on the dome light if its dark out. When the cop asks for your license and registration, say something like “My license is in my wallet” and very slowly reach for it and hand it over. Then say “My insurance card and registration is in the glove box” then slowly open the glove box and retrieve the documentation. Better yet, have the documentation ready before the cop comes to your window; its less movement and you know you will be asked to produce these items anyway. Had this man followed similar advice, he might not have been shot by a South Carolina State trooper.

4. Understand that you are NOT in control. If the police have decided to put cuffs on you and/or arrest you, do not physically resist, attack, or run. If you do, the results will not end in your favor. Whatever injustice has befallen you will not be settled until later. Also, keep your mouth shut and only speak of the event with your attorney.

Its my hope that these cases which have scandalized us all will lead to better understanding of how we can peacefully resist the growing police state. Its not my intention to blame the victims such as Eric Garner, John Crawford III, Kelly Thomas and countless others but to do my part in not creating new victims of overzealous cops afraid of their own shadows.

[1] Its become a pet peeve of mine seeing headlines that state that the police shoot an “unarmed” man. For one, unarmed does not mean harmless. Also, its probably safe to say that most of the time when the cops shoot an unarmed person, it was unclear if s/he was armed at the time. While we can and should scrutinize the police when they use force, we cannot expect them to have perfect knowledge in real time.

Quote of the Day: Grand Jury Decision Aftermath Edition

Scott Shackford over at Reason made an excellent point in the wake of the grand jury decision finding insufficient probable cause to indict Officer Darren Wilson in the killing of Michael Brown.

Based on the information [St. Louis Prosecuting Attorney Robert P.] McCulloch described tonight it may seem unlikely Wilson would have convicted, and perhaps that would have been the right decision by a criminal jury. That raises yet another question, though: Should we be upset at the amount of deference and effort made to find reasons not to indict Wilson in this case or should we be upset that the same doesn’t happen to the rest of us? Is the outrage that a grand jury didn’t indict Wilson or is the outrage that the grand jury indicts just about everybody else?

As far as I’m concerned, my outrage is that grand juries indicts just about everybody else. This jury heard the evidence with all the conflicting testimony and the rest of us have not. I cannot say whether this is a just outcome or not and neither can anyone else at this point. We will most likely never know for sure what happened that fateful day.

I imagine that at least a few of the protesters in Ferguson who have themselves (or know someone who has) been indicted with very little evidence then either strongly encouraged to take a plea deal or were convicted. It’s not to hard to see why some might feel that the criminal justice system works one way for the police and a different way for everyone else, regardless of the specific circumstances in this case (the specific circumstances in this case being all the grand jury should have been concerned about).

Quote of the Day: #Ferguson Edition

Here’s a great observation for Lucy Steigerwald writing from Rare:

Whether the shooting of Brown by Wilson was justified or not, it’s important to remember that there were good reasons people distrusted the Ferguson police’s narrative of events.

Police did everything wrong after Brown was killed. They left his body in the street, they refused to answer questions or identify the officer. They used military tech to answer the protests that resulted. They repeatedly teargassed crowds, arresting peaceful protesters and members of the media.

Officer Darren Wilson shouldn’t be punished for the impression that people — especially minorities — have of the police. If he doesn’t deserve prosecution, he shouldn’t be prosecuted. Whether he deserves harsh, little, or no punishment is still up for debate.

Read the whole thing. The entire article is worth quoting but I thought I would just wet your beak.

Hey FCKH8, I Have a Few ‘F-Bombs’ of My Own!

If you thought modern progressive feminists couldn’t be any more childish, you haven’t seen FCKH8’s latest viral video entitled: “F-Bombs for Feminism: Potty-Mouthed Princesses Use Bad Word for Good Cause.”

In the video (below), girls aged six to thirteen repeat progressive feminist bromides and talking points along with some F-bombs (as advertised) in an attempt to get this message to go viral (mission accomplished). As expected, the response by many is to be offended by having these ‘princesses’ use such foul language for any reason.

Personally, I think the whole thing is awful. I don’t like it when children are used for any cause foisted on children by adults, regardless of how noble the cause might be. It even turns my stomach a little when I see politicians use their own children in their campaign ads. It’s even more tacky to hear children speak about such things they most likely have no clue about. My daughter is pretty intelligent and the same age as some of these girls but I’m fairly sure she doesn’t even think about the ‘equal pay’ or ‘rape culture.’ Why should she? She’s nine years-old for crying out loud!*

So here’s the full uncensored version. If this is too much for your ears to handle, go here for the censored version.

Now, wasn’t that just precious!

More important than the shock value of elementary shool girls cursing like sailors…are the things these girls saying true? For the most part, no, these are the same old progressive feminist myths repackaged yet again. I’ve already dealt with the ‘equal pay for equal work’ nonsense here and here. You can also read this article 5 Feminist Myths that Will Not Die. I’ll let Julie Borowski take care of the rest as only Julie Borowski can – dropping her own F-bombs (Fact bombs, I should say) without actually cursing.

I have a few other F-bombs about gender disparities progressive feminists almost never bring up (and I’ll do so without exploiting any elementary age children to make my points):

A young man is required by law to sign up for Selective Service by his 18th birthday. In the event Congress decides to reinstate the draft, men exclusively are conscripted to risk life or limb for ‘his country.’ Also, of those who have died in all the U.S. wars (declared and undeclared) since the American Revolution, 99.99% were men. When men’s rights activists say that society has long decided that men are the ‘disposable gender’ this is one example of what they are talking about.

When young girls are circumcised we call it ‘genital mutilation’ and we are rightly scandalized by this barbaric practice. When baby boys have their genitals mutilated, we call it circumcision because either the boy should ‘look like his father’ or because some women prefer their partner to be circumcised. So much for ‘my body, my choice.’ And imagine the outrage if even one man said that because he preferred the look of a woman’s vagina without a clitorous, baby girls should have it removed?

When it comes to parenting and divorce, mothers get custody of the children roughly 84% of the time.

Let’s call this the gender ‘crime/time’ gap. For Similar crimes under similar circumstances, on average women serve 18.51 months vs. 51.52 months for men.

Since 1976, 15 women (2.9% of the executions) have been executed even though women are responsible for 10% of murders. While I am unapologetically opposed to the death penalty, as long as this barbaric practice is part of the system, this punishment should be an equal opportunity punishment without regard to sex, race, religion, economic or political status, or creed.

At least 3 states (California, Tennessee, and Kansas) require men to pay child support to his statutory rapist.

I could go on but I think I have made my point. There is inequality between the genders and both have their challenges. Personally, I would like to look at the individual rather than who is on ‘team penis’ or ‘team vagina.’ But first, we need to elevate the debate above the elementary school playground.

*This isn’t to suggest she isn’t already very opinionated or doesn’t care about important issues. That’s right, my daughter already has an issue she cares deeply about. Her issue: the alarming decline of the ‘big cat’ populations. According to National Geographic, there are as few as 3,000 tigers, 7,500 snow leopards, 10,000 cheetahs, and 30,000 lions left in the wild. I had no idea about this until my daughter started writing out a script she wanted to read over the intercom at her elementary school to collect money to help ‘save the big cats.’ I suggested that she should ask for donations to the local big cat sanctuary for her birthday instead of presents. Would you believe she was actually thrilled with this idea and followed through? I couldn’t be more proud of her. If she wanted to make a viral video about saving the big cats, I might make an exception to my ‘no kids’ rule because this is an issue that she actually cares about.

President Obama Appoints Drug War Opponent To Head DOJ’s Civil Rights Division

President Obama has appointed attorney Vanita Gupta to head the Department of Justice’s Civil Rights Division. What should be of interest is Ms. Gupta’s opposition to the Drug War and calls for prison reform.

Reason has more:

A drug-war denouncing, prison-reform crusading, longtime civil-rights attorney is President Obama’s new pick to head the Justice Department’s civil rights division. Venita Gupta, 39, will take over as acting assistant attorney general for civil rights next week, and the White House will likely propose making it permanent within the next few months, according to The Washington Post.

Gupta has called the drug war “disastrous”, the asset forfeiture program “broken”, and police militarization “out of control”. She supports marijuana decriminalization and eliminating mandatory minimum sentencing. “It’s time for states to end the costly criminalization of marijuana and recalibrate sentencing laws so that the punishment actually fits the crime as opposed to a politician’s reelection agenda,” she wrote in a September op-ed for CNN.

This is a positive step from an administration that has been all talk on drug policy. While it is unknown if Gupta supports legalization, even just moving towards an approach of decriminalization, eliminating mandatory minimums, and reining in police militarization and the asset forfeiture program would be a very big positive step for civil liberties.

There has been one positive to the Eric Holder Justice Department, which is that the Holder Justice Department has been relentless in launching civil rights investigations in response to police brutality committed by local law enforcement. Gupta’s record and previous writings show that she would be as aggressive in this role as her predecessor, which is a very good thing.

All in all, this is a very good appointment by the Obama Administration that should be praised by anyone concerned with civil liberties.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.
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