Don't Talk

The speaker in the video is Mr. James Duane, a professor at Regent Law School and a former defense attorney.

Yeah. Don't talk. The Mafia Code of Omerta. Silence. The Video explains why.

Here is Part 2 by a police officer in case you need more reasons.

Which brings up this book:

Three Felonies a Day: How the Feds Target the Innocent

Here is what one reviewer said:

This is a very thoughtful and vigorously argued book about the injustices that arise when prosecutors seek to expand the reach of federal criminal statutes beyond their proper field of application. The author has litigated many of the cases he discusses, and is able to translate the complexities of that experience intelligently and without condescension, but also without all of the unnecessary technical details that lawyers writing for a general audience sometimes get bogged down in. Harvey Silverglate is an institution in his own right: a tireless advocate for civil liberties, prolific writer, and astute student of the law, there are few people who have a stronger commitment to illuminating the practical workings of the criminal justice system and their relationship to broader currents in the law. This is a must-read for those interested in criminal law, civil liberties, and the recent history of the Department of Justice, by a writer who has the courage of his convictions and voices them powerfully and well.

Here is an interview with the author Harvey Silverglate.

BC: Then has the common law tradition been abandoned? Does innocence of intention matter anymore?

Harvey Silverglate: The common law tradition has been essentially abandoned in federal law. Indeed, for a very long time the Supreme Court has ruled that federal law is entirely the product of congressional statutes and administrative regulations, rather than of common law evolution. This presumably was -- in part -- an effort to assure clarity. The law was to mean what Congress wrote and intended, rather than follow the long-standing dictums of common law tradition and interpretation. In theory, this should have produced a body of law with more clarity than the typical state law code.

In practice, despite Morissette's admirable but ultimately failed effort to turn the situation around common law notions were abandoned in the federal criminal justice system and clarity suffered, not to mention the moral content and purpose of the law. Now, people who have done things that most normal folks would not consider a crime, can be sentenced to decades-long stays in federal prison. In truth, any criminal justice system that abandons clarity of obligation and proof of criminal intent has abandoned its moral purpose and hence its legitimacy. And, as my book shows, our federal system of criminal justice has long since lost its legitimacy.

How about that. There is much more.

Ayn Rand explains what it is all about in her novel Atlas Shrugged.

"Did you really think that we want those laws to be observed? We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against . . . 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, and once you understand it, you'll be much easier to deal with."

The upshot of all this: Don't Talk to the Police. Ever.

And while you are at it you might want to talk to your Representatives about what has happened to justice in America. And don't even get me started about Testilying in drug cases.

House of Representatives
The Senate

Cross Posted at Classical Values

Corruption Is Routine

For those who have been following the Duke "Rape" Case you will know that it is a case of egregious prosecutorial misconduct. And yet there are similar cases every day in the USA. Why don't such cases recieve wide publicity? Simple - if such procedures were shown to be widespread the "justice" system in America would collapse.

Ankle Biting Pundits are outraged at the misconduct in the Duke case. Yeah. Sure. The outrage is palpable. No doubt.

Now tell me why testilying in drug prohibition cases is so common that we have a name for it? Alan Dershowitz in testimony before Congress said:

Police perjury in criminal cases - particularly in the context of searches and other exclusionary rule issues - is so pervasive that the former police chief of San Jose and Kansas City has estimated that "hundreds of thousands of law-enforcement officers commit felony perjury every year testifying about drug arrests" alone.

A few bad apples no doubt.

BTW any one notice how alcohol prohibition corrupted our justice system? I thought not.

In other words save your phoney outrage for the ignorant. What Nifong (the DA in the Duke case) did is an outgrowth of what goes on in America every day in every jurisdiction. Who will call for a clean up of that? Or is it another case (like Nifong) where jobs depend on it?

Christopher Slobogin in the University of Colorado Law Review shows why testilying is so corrosive:

Perhaps most importantly, police lying intended to convict someone, whether thought to be guilty or innocent, is wrong because once it is discovered, it diminishes one of our most crucial "social goods" — trust in government. First, of course, the exposure of police perjury damages the credibility of police testimony. As the aftermath of the Fuhrman debacle has shown, the revelation that some police routinely and casually lie under oath makes members of the public, including those who serve on juries, less willing to believe all police, truthful or not. One comment that a New York prosecutor made about the impact of the Simpson case illustrates the point: "Our prosecutors now have to begin their cases defending the cops. Prosecutors have to bring the jury around to the opinion that cops aren't lying. That's how much the landscape has changed."

Police perjury can cause other systemic damage as well. Presumably, for instance, the loss of police credibility on the stand diminishes law enforcement's effectiveness in the streets. Most significantly, to the extent other actors, such as prosecutors and judges, are perceived to be ignoring or condoning police perjury, the loss of public trust may extend beyond law enforcement to the criminal justice system generally.

Here is a bit by Scott Morgan on the corruption of police power in drug prohibition:

First, a revealing story of police misconduct from The Journal Inquirer in North Central Connecticut:

A Hartford police detective arrested days after his retirement in 2004 on charges of falsifying an arrest warrant has been granted a special form of probation that could lead to his arrest record being expunged.

The decision came after a hearing in which [Sgt. Franco] Sanzo's lawyer, Jake Donovan of Middletown, called another retired officer who said that police frequently sign their names to warrants - and swear before judges - that they've seen things they haven't.

So basically Sanzo's defense was that this type of misconduct is a matter of routine at his department. And it worked! I don't know if I'm more shocked that a defense attorney would offer an argument so contemptuous towards the Fourth Amendment, or that a judge would actually be persuaded by an attempt to rationalize police misconduct.

When this all comes crashing down it is going to hurt America for decades. Just as alcohol prohibition did.

Here ia another case where the town fathers are trying to steal a man's business based on trumped up drug charges:

This is the story of David Ruttenberg, the totally law-abiding owner of Rack N' Roll billiards in Manassas, Virginia, who for years now has been targeted in repeated and fruitless attempts to link his business to drug activity. His livelihood is now almost completely destroyed and most of the cops and public officials in Manassas seem to be in on it. Motivated by an apparent desire to build an off-track betting facility on the property, Manassas police and others have spared no expense in this otherwise inexplicable series of bizarre events.

My favorite part is when Ruttenberg tries to explain his plight to a local news reporter at 1:00 in the morning and the Mayor suddenly jumps out of the bushes and tells the reporter not to trust to him.

Balko's research illustrates the ease with which ambiguous allegations of drug activity can be used by politicians as leverage against their enemies. Still, I suspect that the only thing unique about this story is the fact that someone as meticulous as Balko took an interest in it. His work on the Cory Maye case similarly illustrates the improbability of severe police corruption coming to light absent the involvement of a politically savvy blogger from Washington, D.C.

When business owners can be held liable for activities they had no knowledge of, it becomes painfully easy for corrupt officials with ulterior motives to capitalize on malfeasance.

If you were trying to screw over a business owner, how would you do it? Think about how easy it is to frame someone for drugs. Think about it, then ask yourself how often it happens.

That is a pretty good question. My guess? Often enough so that if this kind of behavior was public knowledge it would bring down the justice system.

Public Integrity has pages, and pages, and pages of this stuff. Probably just a few bad apples.

Here is just a bit from one of the articles at Public Integrity:

It is impossible to know for sure how often a specific prosecutor (or a specific defense attorney, judge, police officer, etc.) bends or breaks the rules. In most jurisdictions, at least 95 percent of the cases that pour in from the police never reach a jury, which means any misconduct occurs away from public view. The only trial those defendants receive takes place in the prosecutor's office; the prosecutor becomes the judge and the jury. The prosecutor is the de facto law after an arrest, deciding whether to charge the suspect with committing a crime, what charge to file from a range of possibilities, whether to offer a pre-trial deal, and, if so, the terms of the deal.

Katherine Goldwasser, a law professor at Washington University in St. Louis who served as a prosecutor in Chicago before joining academia, suggested that misconduct often occurs out of sight, especially in cases that never go to trial. Those cases by definition do not generate appellate opinions (and thus are for the most part beyond the scope of the Center study). Goldwasser told the Center. "It is not a safe assumption that cases ending with guilty pleas are absent prosecutorial misconduct."

Here is an interesting list of serious cases of prosecutorial misconduct. Men and women sentenced to death or long prison sentences because of the prosecutor's desire to win at all costs. Murder is no object. Scary.

Here is the case of James E. Richardson, Jr.:

In September 1996, a Kanawha [West Virginia- ed.] circuit judge overturned Richardson's conviction based on allegations that state police chemist Fred Zain fabricated evidence and that prosecutors withheld exculpatory evidence.

Which sounds a lot like the Duke case. Except in the Duke case all this is coming out before trial.

Cross Posted at Classical Values