Tuesday, October 20, 2009

"...the average American commits about three federal felonies per day... We're no longer governed by laws, we're governed by the whims of lawyers..."

"The first thing we do, let's kill all the lawyers" - King Henry VI- Part 2, Act IV, Scene II.

Which, luckily, might take out a good chunk of the politicians. Joking, of course. But still.

We're All Felons, Now - Reason Magazine:
""There's no way to rule innocent men. The only power government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws." —Ayn Rand
Violent crime is down America, across the board, spanning two decades... Crime rates have been plummeting since the early 1990s to such an extent that explaining the drop has become something of an obsession among criminologists and sociologists.

...According to Gallup, since 2002 the percentage of the American public who think violent crime is on the rise has been increasing, even as actual violent crime rates continue to fall.

...From the time Richard Nixon made crime a national political issue in the 1970s, we've been conditioned by politicians and public officials to live in perpetual fear. Our baseline is that there's too much crime, and that we aren't doing enough about it.

...Fear makes for easy politics. It both wins votes and primes us to give government more power at the expense of personal liberty. And that's certainly true when it comes to crime.

...The result has been a one-way ratchet effect on crime policy. We're perpetually expanding police and prosecutorial power, a process only occasionally slowed by the courts. Congress and state legislatures rarely take old criminal statutes off the books, but they're always adding new ones. A 2008 report from the Heritage Foundation estimates that at the federal level alone, Congress has been adding about 55 new crimes to the federal criminal code each year since the 1980s. There are now about 4,500 separate federal crimes. And that doesn't include federal regulations, which are increasingly being enforced with criminal, not administrative, penalties. It also doesn't include the increasing leeway with which prosecutors can enforce broadly written federal conspiracy, racketeering, and money laundering laws. And this is before we even get to the states' criminal codes.

In his new book, the Boston-based civil liberties advocate and occasional Reason contributor Harvey Silverglate estimates that in 2009, the average American commits about three federal felonies per day. And yet, we aren’t a nation of degenerates. On the contrary, most social indicators have been moving in a positive direction for a generation. Silverglate argues we're committing these crimes unwittingly. The federal criminal code has become so vast and open to interpretation, Silverglate argues, that a U.S. Attorney can find a way to charge just about anyone with violating federal law. In fact, it's nearly impossible for some business owners to comply with one federal regulation without violating another one. We're no longer governed by laws, we're governed by the whims of lawyers..."

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