Posted on 01/20/2013 11:57:02 AM PST by BCrago66
Though extensive due process protections apply to the investigation of crimes, and to criminal trials, perhaps the most important part of the criminal process -- the decision whether to charge a defendant, and with what -- is almost entirely discretionary. Given the plethora of criminal laws and regulations in today's society, this due process gap allows prosecutors to charge almost anyone they take a deep interest in. This Essay discusses the problem in the context of recent prosecutorial controversies involving the cases of Aaron Swartz and David Gregory, and offers some suggested remedies, along with a call for further discussion.
(Excerpt) Read more at papers.ssrn.com ...
That's my summary, anyway.
I think this is an important article, and I wanted to post it not just for Freepers, but the push up the article's rank on Google.
To read the whole thing, as Instapundit likes to say, you have to click "download" to create a PDF.
“Did you really think that we want those laws to be observed?” said Dr. Ferris. “We want them broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against - then you’ll know that this is not the age for beautiful gestures. We’re after power and we mean it. You fellows were pikers, but we know the real trick, and you’d better get wise to it. There’s no way to rule innocent men. The only power any 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. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now, that’s the system, Mr. Rearden, that’s the game, and once you understand it, you’ll be much easier to deal with.”
—Ayn Rand, *Atlas Shrugged*
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
That passage from Ayn Rand right on the money.
Everything is a crime, but the left practices selective enforcement, so that normal people are prosecuted, but political friends and oppressed minorities are not.
For an atheist, Miss Rand was a h*ll of a prophet.
Any one of us can be “Nifonged” at any time if we represent an opportunity to a prosecutor. There are so many laws, rules, regulations, all ultimately having the force of men with guns, that if they want to get someone, they can.
This is interesting and I agree. Prosecutors, especially in this justice department, are out of control...not prosecuting real crimes on the books and overzealously going after others.
“Did you really think that we want those laws to be observed?” said Dr. Ferris. “We want them broken. You’d better get it straight that it’s not a bunch of boy scouts you’re up against - then you’ll know that this is not the age for beautiful gestures. We’re after power and we mean it. You fellows were pikers, but we know the real trick, and you’d better get wise to it. There’s no way to rule innocent men. The only power any 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. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted - and you create a nation of law-breakers - and then you cash in on guilt. Now, that’s the system, Mr. Rearden, that’s the game, and once you understand it, you’ll be much easier to deal with.”
—Ayn Rand, *Atlas Shrugged*
Great line. And so true.
>>Any one of us can be “Nifonged” at any time if we represent an opportunity to a prosecutor. There are so many laws, rules, regulations, all ultimately having the force of men with guns, that if they want to get someone, they can.
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This forum is next.
The attack on the 2A is to see if obozo can BLATANTLY ignore the USC — in full view of and with the support of most “Americans.”
The end-game: THIS FORUM. Don’t be surprised if an close-to-successful or completely successful, attempt is made to outlaw “hate speech” — AND PEOPLE WILL BE SUCCESSFULLY PROSECUTED. And the definition of “hate speech” will be ALL CONSERVATIVE THOUGHT.
What is now P.C. will be built into the Federal Law by XO.
It will start next year.
Mark my words
Agreed, and agreed.
I think it was back in the 70’s there was a group commissioned to count up how many federal laws there were. Recently, the guy in charge of the project retired. They were still counting.
Scary, and true.
I can see it.
If people think the Supreme Court and Judas Roberts will stop Obama, they are dreaming. How's that ObamaCare taste?
The Romans did the same thing - any thought or action that was against the state (Rome) was criminal.
Satan is the prince of this world....for now. If you seek the love of the world, then you hate God, and vice versa.
if everyone took their criminal case to trial the system would grind to a hault in three months. assuming 100% trials lack of jurries and lack of prosecutors.
Judges are a joke.
the aba and local mandatory bars talk a game of judicial independence but the reality is there is no such animal. The sandwich judges should be purged from the ranks but all judges want to protect their club.
Prosecutors DEPEND on intimidation and overcharging.
She was incredibly brilliant. She had her personal failings and blind spots, but, boy, what a mind.
Agreed on all counts.
bkmk
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