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You Commit Three Felonies a Day
Wall Street Journal ^ | Sept. 27, 2009 | L. Gordon Crovitz

Posted on 07/01/2015 6:02:51 PM PDT by ChildOfThe60s

Laws have become too vague and the concept of intent has disappeared.

When we think about the pace of change in technology, it's usually to marvel at how computing power has become cheaper and faster or how many new digital ways we have to communicate. Unfortunately, this pace of change is increasingly clashing with some of the slower-moving parts of our culture.

Technology moves so quickly we can barely keep up, and our legal system moves so slowly it can't keep up with itself. By design, the law is built up over time by court decisions, statutes and regulations. Sometimes even criminal laws are left vague, to be defined case by case. Technology exacerbates the problem of laws so open and vague that they are hard to abide by, to the point that we have all become potential criminals.

Boston civil-liberties lawyer Harvey Silverglate calls his new book "Three Felonies a Day," referring to the number of crimes he estimates the average American now unwittingly commits because of vague laws. New technology adds its own complexity, making innocent activity potentially criminal.

Mr. Silverglate describes several cases in which prosecutors didn't understand or didn't want to understand technology. This problem is compounded by a trend that has accelerated since the 1980s for prosecutors to abandon the principle that there can't be a crime without criminal intent.

(Excerpt) Read more at wsj.com ...


TOPICS: Miscellaneous; Society
KEYWORDS: bigbrother; donutwatch; felonies; law; policestate; statists
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This is more timely after six years, not less.

It also brings to mind the quote from Atlas Shrugged about making every man a criminal in order to control him.

1 posted on 07/01/2015 6:02:51 PM PDT by ChildOfThe60s
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To: ChildOfThe60s
Boston civil-liberties lawyer Harvey Silverglate calls his new book "Three Felonies a Day," referring to the number of crimes he estimates the average American now unwittingly commits because of vague laws. New technology adds its own complexity, making innocent activity potentially criminal. Mr. Silverglate describes several cases in which prosecutors didn't understand or didn't want to understand technology. This problem is compounded by a trend that has accelerated since the 1980s for prosecutors to abandon the principle that there can't be a crime without criminal intent.

PFL

2 posted on 07/01/2015 6:09:23 PM PDT by Alex Murphy ("the defacto Leader of the FR Calvinist Protestant Brigades")
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To: ChildOfThe60s
You Commit Three Felonies a Day

Professor, does that apply to politicians too, sir?

3 posted on 07/01/2015 6:12:16 PM PDT by VRW Conspirator (American Jobs for American Workers)
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To: ChildOfThe60s

Every American should watch this...

Don’t talk to the police.

https://www.youtube.com/watch?v=6wXkI4t7nuc


4 posted on 07/01/2015 6:14:45 PM PDT by Hugin ("Do yourself a favor--first thing, get a firearm!",)
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To: ChildOfThe60s

Was just thinking of this topic and book.
Six years have passed since publication, and things have only gotten worse.
For example:
US banks have been recently instructed to report any bank customers who withdraw $5000+ from their account to the DOJ, supposedly to prevent structured money movement tax evasion.
2012 NDAA provisions include indefinite detention of US citizens deemed hostile to the USA.

Sh!T is happening so fast...


5 posted on 07/01/2015 6:16:16 PM PDT by MarchonDC09122009 (When is our next march on DC? When have we had enough?)
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To: ChildOfThe60s
Only 3? Damn, I'm going to have to try a lot harder!
6 posted on 07/01/2015 6:18:09 PM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: ChildOfThe60s

“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 it 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 lawbreakers—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.”—Atlas Shrugged


7 posted on 07/01/2015 6:21:37 PM PDT by Hugin ("Do yourself a favor--first thing, get a firearm!",)
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To: ChildOfThe60s
Yes, but "Felony" Clinton committed NO felonies with her little email server scheme.

Pull the other one. The gruberment has lost all credibility.

Everything they do is at gunpoint, now.

8 posted on 07/01/2015 6:28:51 PM PDT by kiryandil (Egging the battleship USS Sarah Palin from their little Progressive rowboats...)
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To: usconservative

Now that the fascists are making speech a crime, I probably commit a dozen a day. And enjoy doing every one.


9 posted on 07/01/2015 6:31:41 PM PDT by ChildOfThe60s (If you can remember the 60s, you weren't really there....)
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To: ChildOfThe60s

Speaking as a former Prosecutor ... this is so VERY true. The State (and I don’t just mean the Feds) has more power than you can possibly imagine and it is just getting worse.

They want you in jail, you WILL go to jail.


10 posted on 07/01/2015 6:34:25 PM PDT by RIghtwardHo
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To: ChildOfThe60s

but Jon Gruber, Al Sharpton and Jon Corzine are laughing all the way to the bank.


11 posted on 07/01/2015 6:37:27 PM PDT by Kid Shelleen (Beat your plowshares into swords. Let the weak say I am strong)
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To: Hugin

Dakota County(MN) to start collecting DNA from some charged with crime
http://www.freerepublic.com/focus/f-news/3303930/posts
And when everything’s a crime, eveyone can be swabbed, poked, and put in a database.


12 posted on 07/01/2015 6:51:32 PM PDT by TurboZamboni (Those who make peaceful revolution impossible will make violent revolution inevitable.-JFK)
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To: RIghtwardHo

I hope Americans understand the truth in this statement, before it is too late:

“And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?... The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin’s thirst, the cursed machine would have ground to a halt! If...if...We didn’t love freedom enough. And even more – we had no awareness of the real situation.... We purely and simply deserved everything that happened afterward.”

Aleksandr Solzhenitsyn


13 posted on 07/01/2015 7:01:36 PM PDT by ChildOfThe60s (If you can remember the 60s, you weren't really there....)
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To: ChildOfThe60s
A dozen? I guess that's a fair estimate. I'm probably as bad, maybe worse.

How many a day do you commit online? I've not tried counting mine but I imagine it's far more than I verbally say!

At my age, I don't really care what other people think. I don't care what "labels" they try sticking on me, and I damn' sure don't care about their stupid arguments.

Hmmm. Ok, so I finally found ONE GOOD THING about getting older: I don't give a sh*t!

14 posted on 07/01/2015 7:02:15 PM PDT by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: ChildOfThe60s

It’s called selective enforcement.

But, quite frankly. why should any citizen care about accidentally breaking some obscure law when the legislative, executive, and judicial branches of the federal government have completely rejected the rule of law?

If you are going to break the law anyway, make it count. Aim for the bulls-eye.


15 posted on 07/01/2015 8:16:17 PM PDT by unlearner (RIP America, 7/4/1776 - 6/26/2015, "Only God can judge us now." - Claus Von Stauffenberg / Valkyrie)
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To: usconservative

I usually reply on FR at least 6 per day.


16 posted on 07/01/2015 9:29:53 PM PDT by Scrambler Bob (Using 4th keyboard due to wearing out the "/" and "s" on the previous 3)
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To: ChildOfThe60s
Three felonies a day? HA! What a bunch of rank amateurs. I strive to commit at least five before lunch. Someone has to keep all of those unelected bureaucrats on their toes.
17 posted on 07/01/2015 9:35:44 PM PDT by factoryrat (We are the producers, the creators. Grow it, mine it, build it.)
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To: ChildOfThe60s

The first crime is talking to the police if you are being questioned.


18 posted on 07/01/2015 9:40:43 PM PDT by MaxMax (Call the local GOP and ask how you can support CRUZ for POTUS,)
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To: ChildOfThe60s

No i do not.


19 posted on 07/01/2015 9:45:39 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: ChildOfThe60s

How absolutely timely and perfect Thank you SO much for sharing this.


20 posted on 07/01/2015 9:46:08 PM PDT by RIghtwardHo
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