no third solution

Blogging about liberty, anarchy, economics and politics

The “Good Cop” Fnord and Selective Enforcement of Law

December 26th, 2009

A friend of mine got a traffic ticket the other day, it wasn’t anything serious. As chance encounters with “the man” often do, this got me thinking.

The officer wrote him up for “unsafe start” or something like that, which is the equivalent of “impeding traffic”. I believe it is a moving violation so the officer can apply it towards his monthly ticket quota, but a bunk ticket worth no points against his license and minimal fine (although I think “minimal” is still $110 in MI). However, this is not what he was doing. In fact, he was attempting to complete a left-turn through a downtown intersection, and at this precise intersection (not all intersections) it seems left turns are prohibited. Oh well, it was posted, so technically he should’ve know better or whatever.

So yeah, this got me thinking. I mean, aside from the fact that every single officer in every single jurisdiction in the country has perjured himself in such a manner, that this practice is pervasively routine and accepted. Many people are content with this because of the presumption of that the officer is somehow helping you out or doing you a favor by reducing the infraction. (You know what would be even more favorful? Yep: not writing a ticket in the first place!)

This is the “good cop” fnord: the officer could’ve made your life far more miserable, but shows a degree of restraint and only subjects you to a slightly lesser degree of punishment, therefore he’s “good” and you should be grateful for his benevolence.

But consider: the officer wrote him a ticket for something they both know he didn’t do. Isn’t this “falsifying a police report”?

A common argument used by law enforcement apologists is that the officers don’t get to decide which laws they want to enforce, they don’t get to decide which laws are just or which laws to enforce, rather they are just enforcing the law to the letter (IMO this is a variant of the “following orders” fallacy). But the fact of the matter is that law enforcement officers routinely decide which laws they want to enforce. Perhaps they don’t pull anyone over for speeding unless they’re really speeding. Maybe they ignore the fact that you didn’t use your turn signal. In other cases (e.g., racial profiling) they selectively enforce laws, perhaps only pulling over speeders who are black or Hispanic, etc.

You might say, “Well, these are minor civil infractions and not crimes per se…” but you’re falling in to that exact same trap of deciding which laws are appropriate to enforce, to what degree they will be enforced and under what circumstances and you’re using only the letter of the law as your guide.

You can not use “the letter of the law” as your guide to evaluating the propriety of the law.

Why FIJA Activism is Important

October 27th, 2009

FIJA, of course, is the Fully Informed Jury Association, and the “informed” part of the name alludes to a juror’s right quâ human being, to nullify unjust laws by returning “not guilty” verdicts in spite of the law as a matter of moral principle.

Some people argue that a juror’s responsibility is to determine matters of fact, reserving determinations on matter of law to the judges or magistrates. I respectfully disagree: perhaps the single most important fact in any trial is whether the law is just on moral principles. Any usurper or criminal gang can write laws, and hire goons to enforce them, but so long as they wish to maintain the pretense of “justice” by making accomplices of their victims, those victims need to excercise their moral obligations towards their brethren.

It is absurd to say that [juries] have no moral responsibility for the use that may be made of their verdict by the government, when they have reason to suppose it will be used for purposes of injustice.

—Lysander Spooner, Trial by Jury

When telling the truth leads inevitably to the commission of an injustice, the only moral option is to lie.

—No Third Solution archives, Jury Nullification: The Only Moral Option

Others argue that nullification and FIJA is a waste of time, because it doesn’t really win. OK, so it isn’t perfect. But if more people practiced it, and practiced it consistently, any number of unjust laws would either be exposed for the tyranny that they are, or rendered practically impotent by the people. The effects of widespread nullification would be numerous acts of non-violent civil disobedience, the likes of which would make La Boetie proud, as citizens refusing to assist any longer in their own oppression cast off the yokes and chains of bondage.

FIJA activism represents possibly the only opportunity for citizens to fight the government on its own turf: as a juror, you may have to be a slave, but you don’t need to participate in the perpetuation of your own bondage. Better still, you may help the pendulum of public opinion swing in favor of nullification and against tyranny.

What can you do?

If this message resonates at all with you, share the links mentioned above, and look for more resources on the topic.

Understand the principled approach to nullifying unjust laws and explain these positions to people when the opportunity presents itself.  Let them know that it’s natural to feel remorseful (an admission of wrongdoing) when you sentence a non-violent “criminal” offender to prison. If they beg you about civic duty, inform them that your civic duty is to remain vigilantly intolerant of injustice.

Graham Dugas sums it up nicely:

…I have often wondered how someone’s conscience could be bothered if they told a policeman or a judge a “half-truth” but they are not bothered by voting to convict their fellow man of some evil law and subjecting him to draconian punishment for it. If I am going to err, let it be on the side of my fellow man.

John of Blagnet offers some additional advice in the comments, which I’ve subsequently added to this post:

If you’re conscripted for jury duty and you want to serve (for the reasons discussed in this post: to protect your fellow man from predatory law), don’t openly advertise to the prosecutor or judge that you support jury nullification, because that is grounds for immediate dismissal. They don’t want anyone who thinks for themselves or who might consider contradicting what the State decrees.

Most importantly, let them know that they don’t have to participate in such a mockery of justice; that they are perfectly within their rights (afforded by what little freedom remains in this country) to abide morality rather than “law”.

Michigan Considers Partial Repeal of Victim Disarmament Law

October 23rd, 2009

The State of Michigan is mulling over a bill that would remove the statewide ban on concealed-carry on college campuses, which sounds like a “Win!” but the bill is rendered practically impotent: it would basically permit you to concealed-carry on the sidewalk, and to keep a firearm in your car. But you can’t have it in dormitories or classrooms or stadiums, etc. Cue the alarmists, anyways:

There are already too many crazy people. Why would anybody need a gun in this city? —Laura Harlow, U-M employee

I don’t know, Laura. Why don’t you ask the residents and students living in Blacksburg, VA.  (Hint: There was only one person who needed to be disarmed on that infamous day.)

There’s a huge number of people who drink in college. It’s absurd to mix alcohol with the right to have a gun. —Unnamed student

I’m willing to wager that the number of individuals who have used a legally permitted concealed weapon in the commission of a crime is exceeded at least 100-fold by the number of individuals who have committed crimes with unlicensed/illegal concealed weapons, but since the bill still prohibits firearms from dormitories and many campus buildings, this is kind of a red herring.

The Brady Center likes to highlight about 130 problem events involving CCWs over the last decade and a half. However, a cursory examination of these events shows that some of them are legitimate accidents (e.g., 56, 97), and many of them involve the failure of the State to properly enforce the CCW statutes and regulations already on the books (e.g., 43, 47, 49, 89, 94). For example, No. 89 highlights about 5,000 violent crimes committed in Texas between 1996 and 2001.

Texas • January 1, 1996 – August 31, 2001. The Violence Policy Center has published four reports on CCW licensees in Texas. They found that Texas CCW licensees were arrested for 5,314 crimes between January 1, 1996 and August 31, 2001, and since Texas’ CCW licensing law went into effect, licensees have been arrested for an average of 2 crimes per day.

This sounds alarming, until you learn that during that same period of time in Texas there were over 700,000 violent crimes committed; so violent crimes involving CCW permit holders numbered less than 1% of all violent crimes.

The overwhelming majority of our campus members, including students, faculty and staff as well as parents of our students, demand a safe and secure campus and would not endorse the idea of having firearms on campus —Ken Magee, University of Michigan Police Chief

This again? Every victim of gun violence represents failure of the State in its most hallowed charge: keeping its citizens safe. Until the gun control advocates recognize that there are times in our lives when the police cannot protect us, I’ll have to keep reminding them that occasionally the need arises for an ordinary citizen to take matters into her own hands.

no third solution

Blogging about liberty, anarchy, economics and politics