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Musings About the War on Drugs
The Wall Street Journal ^ | February 21, 2006 | GEORGE MELLOAN

Posted on 02/23/2006 7:56:18 AM PST by JTN

Economist Milton Friedman predicted in Newsweek nearly 34 years ago that Richard Nixon's ambitious "global war against drugs" would be a failure. Much evidence today suggests that he was right. But the war rages on with little mainstream challenge of its basic weapon, prohibition.

To be sure, Mr. Friedman wasn't the only critic. William Buckley's National Review declared a decade ago that the U.S. had "lost" the drug war, bolstering its case with testimony from the likes of Joseph D. McNamara, a former police chief in Kansas City, Mo., and San Jose, Calif. But today discussion of the war's depressing cost-benefit ratio is being mainly conducted in the blogosphere, where the tone is predominantly libertarian. In the broader polity, support for the great Nixon crusade remains sufficiently strong to discourage effective counterattacks.

In broaching this subject, I offer the usual disclaimer. One beer before dinner is sufficient to my mind-bending needs. I've never sampled any of the no-no stuff and have no desire to do so. So let's proceed to discuss this emotion-laden issue as objectively as possible.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Government; News/Current Events; Philosophy
KEYWORDS: anarchistsunite; crime; dopersrights; drugfantasies; drugskilledbelushi; drugskilledelvis; drugskilledjoplin; lawenforcement; leo; leroypusheddrugs; mrleroy; thatsmrleroytoyou; warondrugs; wherenoonecares; wheresmrleroy; whocares; withnokingbutjesus; wod; woddiecrushonleroy; wodlist
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To: Supernatural; Everybody; robertpaulsen; Mojave
"-- Not many people are aware of two of the most important legal concepts in the world. These ideas go all the way back to Roman times and have been the basis for categorizing criminal offenses for centuries, so if you've ever wondered what the legal difference is between driving too fast and killing someone with a chainsaw, read on.

Malum Prohibitum

The literal translation is "wrong because prohibited". Basically, this means something is against the law because someone decided it should be. Think parking in a No Standing Zone or dumping a broken washing machine in the park and you're starting to get an idea of a malam prohibitum crime.
There's nothing inherently immoral in doing something that's prohibited in this way, but we accept the principal that those laws are there because they help society function.

Malum In Se

Meaning "wrong in itself", an act classed as malum in se is universally accepted as Just Plain Wrong. Lying under oath, for instance isn't considered a nice thing to do anywhere in the world because when you say "I promise to tell the truth" you're entering into an agreement that you'll act in a certain way. You're giving something to people that defines who you are in a very real sense and they're give you something in return: you're giving them your word and they're giving you their trust. If that kind of primal "contract" is broken, it can never be put right. That's to say, if you dump a broken washing machine and someone catches you, it's possible to pick the washing machine up and take it away again with no harm done. If you lie to someone, the lie will always be there.

Conflicts arise when people don't agree on each other's definitions of these two types of crimes. --"
621 posted on 03/10/2006 9:45:20 AM PST by tpaine
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To: robertpaulsen
It's 3AM on a Tuesday morning, nobody on the road but me, a cop sees me crossing the centerline, and I get a ticket.

Where's the "clear" danger? Where's the "present" danger? There is none.

*IF* we could be confident that 3AM drivers always knew with a certainty whether there was anyone else on the road, I'd agree that the law should be changed. We can't, so it shouldn't.

622 posted on 03/10/2006 10:09:47 AM PST by Know your rights (The modern enlightened liberal doesn't care what you believe as long as you don't really believe it.)
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To: tpaine

"If you lie to someone, the lie will always be there".

Therein lies my chief complaint. The government has been lying all along that marijuana is dangerous and bad.

Some have swallowed this simple, easy to understand lie.

That's why marijuana is illegal. Because of a simple lie.

Mojave and RobertPaulsen have swallowed the simple lie.


623 posted on 03/10/2006 10:14:35 AM PST by Supernatural (Lay me doon in the caul caul groon, whaur afore monie mair huv gaun)
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To: AllGoodMen
I think a lot of law enforcement energy that was being used to fight the war on drugs has unfortunately had to be redirected to the war on terror and drug dealers have taken advantage of it.

Can you show that the War On Drugs was any more successful pre-9/11 than post-9/11 ... or are you making up "facts" to support your preconceptions?

624 posted on 03/10/2006 10:26:46 AM PST by Know your rights (The modern enlightened liberal doesn't care what you believe as long as you don't really believe it.)
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To: robertpaulsen
Now, if he means that the WOD has not stopped drug use 100%, sure. The WOD is a failure. As are our efforts against against everything else from cancer to illiteracy.

Exactly right. I mean, murder is against the law, but murders still happen by the thousands every year.

Maybe we should just legalize murder while we're at it.

625 posted on 03/10/2006 10:37:32 AM PST by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: MEGoody
murder is against the law, but murders still happen by the thousands every year.

Almost two-thirds of murder cases end in an arrest; what fraction of drug sales or use do you think even come to the attention of the authorities?

Maybe we should just legalize murder while we're at it.

Murder violates rights; drug sale and use do not.

626 posted on 03/10/2006 10:43:48 AM PST by Know your rights (The modern enlightened liberal doesn't care what you believe as long as you don't really believe it.)
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To: Know your rights
"Can you show that the War On Drugs was any more successful pre-9/11 than post-9/11 ... or are you making up "facts" to support your preconceptions?"

With the massive war on terror effort, it would only seem logical that at least some of the resources that had been used in the war on drugs prior to the 9-11 attacks must have been redirected over to the war on terror wouldn't it?

Like I say, I don't claim to be an expert on the war on drugs or the war on terror. I just know I see still see as many drug-related problems now as what had been going on five years ago.

627 posted on 03/10/2006 11:00:40 AM PST by AllGoodMen
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To: AllGoodMen
Can you show that the War On Drugs was any more successful pre-9/11 than post-9/11

it would only seem logical

Not everything that "would only seem logical" is true; beliefs should as much as possible be based on fact not supposition.

628 posted on 03/10/2006 11:05:09 AM PST by Know your rights (The modern enlightened liberal doesn't care what you believe as long as you don't really believe it.)
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To: Supernatural
Its morally wrong? So is homosexual sex. So are abortions. All legal, all deadly and dangerous.



We have all been asked by the politico's to be tolerant of these peoples needs yet can't get them to reciprocate.
629 posted on 03/10/2006 12:29:09 PM PST by Phantom Patriot (From my cold dead hands.)
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To: Supernatural
The world is upside-down. People like you made it that way and people like you are keeping it that way.

Crawl back under your rock and leave the rest of us alone.



AAAAAAmen.
630 posted on 03/10/2006 12:31:22 PM PST by Phantom Patriot (From my cold dead hands.)
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To: Supernatural

Bout time for that double.You ready?


631 posted on 03/10/2006 12:34:57 PM PST by Phantom Patriot (From my cold dead hands.)
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To: Phantom Patriot

Its way past time. I've been ready.

I know you're ready too.

Taking puff. Swallowing whiskey. Aaaaahhhh.

Once again.


632 posted on 03/10/2006 1:03:38 PM PST by Supernatural (Lay me doon in the caul caul groon, whaur afore monie mair huv gaun)
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To: Supernatural
Drugs are the American way. Show me a poor area in the country and I will show you some enterprising American trying to make in our society selling drugs. When you can buy something for $2.00 and sell it for $200 you are going to have drugs.
633 posted on 03/10/2006 1:09:43 PM PST by chas1776
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To: chas1776

I know a guy who says that as long at the people want drugs, someone will be around to sell drugs to them. So you are right on the money.


634 posted on 03/10/2006 2:52:00 PM PST by Supernatural (Lay me doon in the caul caul groon, whaur afore monie mair huv gaun)
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To: Supernatural
"I called it a win, which is what it was.
You sure love putting words in peoples' mouths, don't you?"

No, I was merely clarifying what you called a "win".

635 posted on 03/10/2006 3:34:06 PM PST by robertpaulsen
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To: Supernatural
"If it is harmless then there is absolutely no reason to prohibit it."

I didn't say it was harmless. You sure love putting words in peoples' mouths, don't you?

I said it didn't directly kill people.

"Its morally wrong?"

Yes it is.

636 posted on 03/10/2006 3:37:26 PM PST by robertpaulsen
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To: tpaine

As a courtesy to Alex H, you really should cite your source.


637 posted on 03/10/2006 3:41:39 PM PST by robertpaulsen
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To: Know your rights
"Almost two-thirds of murder cases end in an arrest; what fraction of drug sales or use do you think even come to the attention of the authorities?"

So you're suggesting that we step up our drug enforcement activities to get to that two-thirds number? Why do you equate murder to drug use?

638 posted on 03/10/2006 3:46:40 PM PST by robertpaulsen
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To: robertpaulsen; Phantom Patriot; Know your rights; tpaine; JTN; winston2; Wolfie; MRMEAN; mugs99

I said it was harmless. You have yet to come up with any real evidence to the contrary in spite of having hundreds, if not thousands of posts on threads like this one. You admitted that it is non-fatal. Non-fatal is harmless. Can't kill you, can't harm you.

Are you the morality police? Move to China or Cuba. I'll bet we could get a lot of people to pitch in for a one-way ticket for you. Don't let the door hit you in your behind on the way out. Adios.


639 posted on 03/10/2006 3:47:20 PM PST by Supernatural (Lay me doon in the caul caul groon, whaur afore monie mair huv gaun)
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To: robertpaulsen

As a courtesy to FR, you really should admit to your anti-constitutionalist agenda.


640 posted on 03/10/2006 3:52:37 PM PST by tpaine
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