Showing posts with label 3 Felonies a Day. Show all posts
Showing posts with label 3 Felonies a Day. Show all posts

Sunday, March 01, 2015

if you are an honest, law-abiding person...

....video-record everything!

Man serves abuse complaint on cop, then is arrested based on conspired testimony of fellow cops and attorneys.

//But here’s my question: Why aren’t the seven witnesses to Dendinger’s nonexistent assault on Cassard already facing felony charges? Why are all but one of the cops who filed false reports still wearing badges and collecting paychecks? Why aren’t the attorneys who filed false reports facing disbarment? Dendinger’s prosecutors both filed false reports, then prosecuted Dendinger based on the reports they knew were false. They should be looking for new careers — after they get out of jail.

If a group of regular citizens had pulled this on someone, they’d all likely be facing criminal conspiracy charges on top of the perjury and other charges. So why aren’t these cops and prosecutors?

I could be wrong, but my guess is that they’ll all be let off due to “professional courtesy” or some sort of exercise of prosecutorial discretion. And so the people who ought to be held to a higher standard than the rest of us will once again be held to a lower one.//


Wednesday, June 04, 2014

File under "We all commit three felonies a day."

It's good when a stranger is concerned about someone else and stops to make sure that everything is alright and it is good - and their job - for the police to check out a situation to make sure that everything is alright.

But once they've made sure that everything is alright, it should end there.

Woman leave child in car for five minutes - child is perfectly safe - nothing happens - woman pleads to a lesser offense.


Saturday, July 28, 2012

The policy of the government is to make sure that we are all criminals...

...because we're less demanding that way.

George Will describes the nightmare scenario of a marine biologist facing serious federal time because one of her employees whistled at a whale.

Black, 50, a marine biologist who also captains a whale-watching ship, was with some watchers in Monterey Bay in 2005 when a member of her crew whistled at the humpback that had approached her boat, hoping to entice the whale to linger. Back on land, another of her employees called the National Oceanic and Atmospheric Administration (NOAA) to ask if the whistling constituted “harassment” of a marine mammal, which is an “environmental crime.” NOAA requested a video of the episode, which Black sent after editing it slightly to highlight the whistling. NOAA found no harassment — but got her indicted for editing the tape, calling this a “material false statement” to federal investigators, which is a felony under the 1863 False Claims Act, intended to punish suppliers defrauding the government during the Civil War.

A year after this bizarre charge — that she lied about the interaction with the humpback that produced no charges — more than a dozen federal agents, led by one from NOAA, raided her home. They removed her scientific photos, business files and computers. Call this a fishing expedition.

She has also been charged with the crime of feeding killer whales when she and two aides were in a dinghy observing them feeding on strips of blubber torn from their prey — a gray whale.

Does the NOAA have a SWAT team?

Will also observes:

To finance her defense she has cashed out her life’s savings, which otherwise might have purchased a bigger boat. The government probably has spent millions. It delivered an administrative subpoena to her accountant, although no charge against her has anything to do with finances.

Hey, that oceanographic research business? You didn't build that.

Truly, she didn't build that, because the government made her spend her money defending against BS prosecutions.

Will concludes:

In 1980, federal statutes specified 3,000 criminal offenses; by 2007, 4,450. They continue to multiply. Often, as in Black’s case, they are untethered from the common-law tradition of mens rea, which holds that a crime must involve a criminal intent — a guilty mind. Legions of government lawyers inundate targets like Black with discovery demands, producing financial burdens that compel the innocent to surrender in order to survive.

The protracted and pointless tormenting of Black illustrates the thesis of Harvey Silverglate’s invaluable 2009 book, “Three Felonies a Day: How the Feds Target the Innocent.” Silverglate, a civil liberties lawyer in Boston, chillingly demonstrates how the mad proliferation of federal criminal laws — which often are too vague to give fair notice of what behavior is proscribed or prescribed — means that “our normal daily activities expose us to potential prosecution at the whim of a government official.” Such laws, which enable government zealots to accuse almost anyone of committing three felonies in a day, do not just enable government misconduct, they incite prosecutors to intimidate decent people who never had culpable intentions. And to inflict punishments without crimes.

Bureaucrats want us to be unindicted criminals because we're less "uppity" that way.

The same way that the President wants us tugging at our forelocks and thanking the government for letting us use "its" bridges and roads.
 
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