no third solution

Blogging about liberty, anarchy, economics and politics

Racial Profiling for Thee, Not for Me

September 14th, 2007

This was almost included in the Questions earlier, but I feel deserves a stand-alone entry.

Keeping in mind that the state is nearly bankrupt, the following is analogous to buying another pack of cigarettes with the last welfare check:

Although profiling is a useful pseudo-science in law-enforcement and apprehension, most people dislike “racial profiling” in most other circumstances (e.g., driving while black). Of course the proper scope of profiling is limited to describing the likely tendencies, habits, and character traits of an unknown subject with regards to a known crime, or series of crimes.

Profiling is used properly to discover criminals when a crime is known to have been committed, not crimes. There is a subtle, but necessary distinction. Otherwise, we’d have to detain every single, white male in his thirties, these being statistically most likely to be serial killers.

So what about a State law that would deny revenue-sharing dollars to communities who have laws against racial profiling on their books? Would it make a difference if we’re talking about Guatemálans and Mexicans instead of Blacks?

Aside from the aforementioned “low-hanging fruit” problem, there is clearly insufficient cause to assume that everyone who “looks like a Mexican,” (whatever that means) actually is a Mexican (and not instead a Filipino or a Portuguese, a naturalized citizen, or a born-and-bred citizen of Mexican ancestry), let alone to assume that said person who “looks like a Mexican” is also violating an immigration law. It is facially absurd, and ultimately boils down to payment for profiling, by the State, to a municipality. Or if you’d rather, from those municipalities who abhor the idea of profiling, to those municipalities who embrace it.

How charming. But, what did you expect?

Cop Acquitted of Theft

September 8th, 2007

Despite video evidence, and what can only be described as an admission of guilt from the officer’s attorney:

“The card didn’t have someone’s name on it or an amount on it,” said Rickel. “He wasn’t trying to deprive anyone of anything. He picked it up, and when he went to the store he used it. The jury agreed that intent to steal from the homeowner was never established.”

So, if I “find” money in your house – I can take it and use it, because it doesn’t have “someone’s name on it”? Despite the fact that the card was “found” during a drug raid, constructive ownership requires that we identify the card as the property of the homeowner on whom the raid was served. It may or may not have been stolen property – it may or may not have rightly belonged to the homeowner or tenant – but bad title to property does not become good title simply by conveyance or acquisition.

He can claim that he didn’t “intend” to steal from anyone, but on every principle of law and reason, the card (and any value it contained) was stolen the second he put it in his pocket, the use, or attempted use of the card is entirely irrelevant. If he did not “intend” to steal it, he shouldn’t have taken it. If he took it by accident, he shouldn’t have “went to the store and used it,” but rather returned it.

The officer is now suing to get his job back. Charming.

I’m not sure how I missed this story, considering it was noted in the Detroit Free Press, and the Home Depot where the transaction occurred is likely the same Home Depot that is only a few blocks from my house. Thanks to Radley Balko for the tip. To protect and serve, indeed.

For the Children

August 23rd, 2007

A ban on – of all things – low-rise pants?

“Little children see it and want to adopt it, thinking it’s the in thing, I don’t want young people thinking that half-dressing is the way to go. I want them to think about their future.”

Where to start? Hmmm: teach your kids differently? discipline their disobedience? stop buying them clothes that are three sizes too large (or two sizes too small)?

No, let’s just make a law. That way someone else has to do the disciplining.

Unfortunately the argument that the “law could not be enforced in a nondiscriminatory way because it targets something that came out of the black youth culture” is even dumber than the proposed law banning baggy pants (on males) or low-rise jeans exposing thongs (on females) or vice-versa, (if you’re a cross-dresser) in the first place..

no third solution

Blogging about liberty, anarchy, economics and politics