Posted on 02/18/2006 1:46:55 PM PST by freepatriot32
Here's a question for you: Can you get through 24 hours without breaking a law? Before you answer, consider:
In January, an Atlanta man was arrested and handcuffed for selling a subway token at face value. Donald Pirone observed another passenger having difficulty with a token vending machine, so he gave him a $1.75 token. After the man insisted on paying him, Pirone was cited by a transit officer for a misdemeanor, since state law prohibits selling tokens -- even at face value. A MARTA spokesperson denied that handcuffing a customer for helping another customer was excessive. "There are customer service phones for people who are having trouble getting tokens out of the machine," she said.
Meanwhile, in late 2005, an Ohio man spent three days in jail because he didn't put identification tags on his family's pet turtles and snakes. Terry Wilkins broke a state law requiring owners of native reptiles to tag them with a PIT (personal-integrated transponder). The tags, which are the size of a grain of rice and can be inserted under the animal's skin, contain a bar code readable by a scanner. Wilkins refused to tag the animals because he said PIT tags cause health problems in small reptiles.
It goes on. In Kentucky, Larry Casteel was arrested for not attending a parenting class for divorcing parents, as mandated by state law. He spent the night in jail. In New Jersey, police are giving tickets to people who leave their cars running for more than three minutes in store parking lots. Stopwatch-wielding police hit the offenders with a $200 fine for violating the state's anti-idling law. In northwest Georgia, 49 convenience store owners were arrested for selling legal products to customers. The owners -- mostly of Indian background -- sold cold medicine, baking soda, table salt, matches, and lantern fuel. Police said the ingredients could be used to make methamphetamine. In Burlington, Vermont, police are ticketing people for not removing keys from the ignition and locking their cars. Police said the state law prevents car thefts. Violators are fined $79.
So -- are you still sure you can get through a day without violating a law? If so, don't worry. Legislators are making more things illegal. In New York City, a city council member wants to make it a crime to ride a bike without a registration number tag. Violators would face up to 15 days imprisonment. In Illinois, a state senator wants to make it a crime not to have a carbon monoxide detector installed in your home. In Pennsylvania, a state senator filed a bill to allow police to fine drivers $75 if they don't clean snow off their car. In Virginia, a state legislator wants to make it illegal to show your underwear in public. Girls (or boys) with low-rider pants would get hit with a $50 fine if their thongs show.
Novelist Ayn Rand once wrote: "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 to live without breaking laws."
Have we reached that point? Is it impossible to live without breaking laws? Before you answer, better check to make sure that your pets have transponder tags, that you didn't leave the keys in your car, and that your underwear is not showing.
Sources:
MARTA token: http://abcnews.go.com/US/print?id=1390140 Pet TIPs: http://www.ohio.com/mld/ohio/13309603.htm Parenting class: http://www.reason.com/brickbats/bb-2005.shtml NJ anti-idling law: http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20060108/LIVING/601080331/1004/LIVING&theme=
VT locked cars: http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20060108/LIVING/601080331/1004/LIVING&theme= Convenience store: http://www.iacfpa.org/p_news/nit/iacpa-archieve/2005/08/19/civil2-19082995.html NY bikes: http://ridl.us/phpBB2/viewtopic.php?p=4889&sid=7bad222acdd8dc2f133555e0e62b5f34 CO2 detector: http://www.pioneerlocal.com/cgi-bin/ppo-story/localnews/current/ba/01-19-06-807026.html PA snow: http://www.thenewspaper.com/news/08/874.asp VA underwear: http://www.timesdispatch.com/
post number 75!!!
Yep. Juries don't get to decide questions of law. They get to decide questions of fact. And they may determine that the accused did not commit the crime with which he is charged.
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That’s what statist judges want people to think. However, the truth is the jury has the power and the duty to judge of both the law as well as the fact in controversy.
Except... no. If the jury does anything aside from act as a trier of fact, they have to do it under the radar. It's the legislature's job to make laws, and judges' job to interpret them. Any duty that a jury has to make judgments of law comes from some "higher law" source, not from anything you'll actually find in a statute.
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The Supreme Court has ruled otherwise.
In fact, the instructions to the jury in the first jury trial before the Supreme Court of the United States illustrate the true power of the jury. Chief Justice John Jay said: "It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision." "...you have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy".
"Legislators need to be paid for taking laws off the books."
Legislators need to be beaten with large sticks from time to time.
We have a Living Constitution and Living Gods in black robes now...
I think about that every day... Unfortunately, the system is a joke.
They have to act under the radar because judges abuse their power. They have the right and duty to judge both but must get past the judges who abuse their office.
Citation, please.
My son got a ticket in Athens Ohio (Ohio University) on a weekend visit for "walking while intoxicated" Go figure
Our responsibility is to find ways to get around those judges and do our duty.
Born criminals are some of the most danagerious types of people there are because they have no guilt in being criminals because the government deemed them criminals for simply existing.
Yes it is our duty.
State of Georgia vs. Brailsford (3 Dall 1). February 1794
When was the last jury trial before SCOTUS?
Alcohol prohibition was repealed in large part because juries stopped convicting bootleggers for just possession and sale. If juries stopped convicting on seatbelt laws, etc. they would soon be repealed.
Any *right* or *duty* to engage in jury nullification arises from a "higher law" analysis, not in the laws of man.
It is less than that . . . and more.
you've got me.
Yeah, that's what I meant, that's the ticket...
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