Book Report: Go Directly to Jail: The Criminalization of Almost Everything edited by Gene Healy (2004)

As some of you know, I recently bought this book on Amazon for like full price because its description indicated the book echoed themes I’ve raised before on this blog. And so it does.

Some people get a chill from horror novels. I’m working on Stephen King’s It, and a killer clown in the sewers bothers me less than The Three Billy Goats Gruff did back in the day. When I want to self-impose fear, I pick up a book like this.

The book runs 150 pages, which includes extensive end notes. It comprises an introduction and six essays. The essays do tend to focus on crimes that companies or more powerful people could commit–environmental crimes, medical crimes, violations of business laws. Of course, these sorts of crimes would certainly interest the contributors to the CATO Institute, who put this book together. Although I’m not planning to do any industrial dumping, the implications of these new classes of crimes frightened me enough when I realized that charges for these crimes can apply to the individual as well as the corporation if a prosecutor or law enforcement official wants them to do so. Black magick.

Two other essays in the book deal with:

  • Project Exile, which allowed for federal enforcement of gun law violations; although I started the essay disagreeing with the premise that Project Exile was bad (hey, how could it be bad to keep guns from felons?), the essay convinced me. The government’s goal is worthy, but its tactics are frightening. Spending federal money to hire federal prosecutors to prosecute essentially local crimes and do nothing else leads to creative, aggressive pursuit of the goal. High conviction rates don’t necessarily mean success; they could mean creative application of the process and law in pursuit of the goal.
  • Federal Sentencing Guidelines, the Byzantine set of documentation that dictates how federal judges must impose sentences based on complex computations established by an unelected commission. The essay explains how this came about and its effects, including creative fact-bargaining and prosecutors holding back evidence from the trial to present during sentencing to increase the perpetrator’s time.

The book didn’t touch too much on layering–the prosecution of the same crime at many levels of government–although it did mention it. Also, it didn’t touch on nonsense measures that outlaw things that offend vocal minorities, hate crimes, or the criminalization of non-criminal acts that criminals sometimes perform as precursor or part of another crime. Perhaps it’s just as well this book didn’t take on those topics; I’m having enough trouble sleeping as it is.

Tone of the book is reasoned essay, unlike stream-of-consciousness screeds you get out of popular broadcast journalists who write political books. These essays build cases and take their time to get to the conclusion. Many of them are actually condensed from longer pieces. So it’s not a quick read, but it’s a thoughtful book, and since it’s only 150 pages, it’s a good week of reading.

Now I’ve read the book, I just need to be an influential about the ideas presented.

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Cross Checking the Cross Section

Support grows for beefing up U.S. forces: Some see situations where volunteers may not be enough

The lead:

The war-strained all-volunteer U.S. military has a growing manpower problem and a cross-section of Washington policymakers has proposed a solution — increase the size of the regular military by 30,000, 40,000 or even 100, 000 or more.

While just about all the proponents maintain they want to achieve the increase by offering recruits bigger financial incentives or through appeals to patriotism, lurking in the background is a possibility that for now remains anathema to all but a few. The military draft, which coughed up its last conscript in 1973, could make a comeback if recruiting doesn’t pick up and if America’s commitments in Iraq and Afghanistan turn into long-term occupations or if the Bush administration’s tough-minded foreign policy means military action in places like Iran or North Korea.

Edward Epstein, Chronicle Washington Bureau, writer of this piece begins blurring the line early; the first paragraph is about increasing the size of the army, and the second draws its circle, shakes its depacapitated chicken, and reanimates THE DRAFT!!!

So while Edward Epstein, Chronicle Washington Bureau, tries to confuse his readers by lumping those who want a bigger military in with those who want a draft, let me help by breaking them out:

Wants a Draft/Thinks Draft Might Be Necessary:

  • Rep Charles Rangel, D-N.Y., and Rep. Pete Stark, D-Fremont — both military veterans — want all 19-year-olds to do a year or two of national service.
  • “The argument for a draft is political hot air,” said Daniel Goure, a military analyst at the Lexington Institute, a Washington think tank that supports a smaller role for the federal government.

    But he warned that if the Iraq occupation drags on, other foreign military operations are launched and a half-million more soldiers are needed, “I don’t think we can get there without a draft.”

  • But Phillip Carter, a retired Army captain who is now a lawyer, writer and commentator on military affairs, said there may be little choice but to reinstate conscription. “The all-volunteer model can’t produce the numbers that might be needed,” he said.

    He favors the national service idea, and says that in his vision those who opt for military service would only serve as military police, truck drivers or in homeland security posts.

Those Who Want Bigger Military:

  • Sens. Chuck Hagel, R-Neb. and Jack Reed, D-R.I., have proposed adding 30,000 soldiers to the Army.
  • Sen. John Kerry, D-Mass., has proposed a 30,000-person increase in the Army and 10, 000 to the Marines….
  • …and Rep. Ellen Tauscher, D-Walnut Creek, wants to add some 20,000 to the Army, 12,000 to the Marine Corps and 29,000 to the Air Force.
  • A bipartisan group put together by the Project for the New American Century, a group that reflects the thinking of the neoconservatives who have been so influential in determining President Bush’s military and foreign policies, sent a letter to congressional leaders in late January. In it, the signatories wrote, “it is our judgment that we should aim for an increase in the active duty Army and Marine Corps, together, of at least 25,000 troops each year over the next several years.”

So although many people have called for more military personnel, a far smaller number of people have called for a draft. Several quotable notables in the article say it will be tough to maintain or to elevate force levels. However, only one person in the article seems adamant that the draft is a real danger.

Edward Epstein, Chronicle Washington Bureau.

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Lead Recall Effort for Alderman, Get Sued

A controversial St. Louis Alderman, facing a recall, sues the leaders of the recall effort for defamation:

A petition to remove Bauer from office is gaining momentum, even as Bauer levels a $2 million suit against the organizers. Records show that Bauer himself has profited from development in the ward. While the deal appears not to have violated any rules, some of Bauer’s colleagues frown on investing in their own ward because of the potential for conflict.

The alderman defends himself:

For his part, Bauer says he is the target of a “civil conspiracy” spreading lies to besmirch his name.

“There are some people who have a personal agenda – they want to prevent good things from happening in Dogtown,” Bauer said.

A civil conspiracy? Is that the new euphemism for accountability to voters and elections in the parlance of the Elect(ed), who feel they should be above reproach?

I fully expect this lawsuit to be dismissed (SLAPPed down, as it were), but I imagine its headlines will have a chilling effect on some opposition as the lawsuit gets big fonts but the dismissal does not.

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Steyn: On Hewitt’s Side!

As if there were any doubt, Mark Steyn is firmly on Hugh Hewitt’s side and doesn’t recognize the danger in which the Republican party finds itself:

The notion, for example, that poor Terri Schiavo will cost Republicans votes in a year and a half’s time is ludicrous.

It’s not the principled stand on life that will cost the Republicans; it’s the intrusion of the Federal government into a private matter, with eleventh hour legislation to move a single case to Federal court because the party in power in the Federal legislature did not like the outcome of the state courts.

No, I would have preferred to see Schiavo’s husband turn her care over to her parents (hey, and I wouldn’t have even condemned him for taking a million bucks for it). I’d rather Terry Schiavo continue her hopeless existence unheralded in a Florida hospice into perpetuity, in the obscurity in which most people with functioning brains toil. But if her guardian felt she would not have wanted to wither and die over the course of decades she would never know passed, then so be it; he could end the extraordinary measures continuing her life (a feeding tube is an extraordinary measure; if you doubt it, count the number you see on an ordinary day). But you know what? I and many like me recognized it’s not our business. It’s not clearly, obviously murder nor is it "forced starvation" it’s not forced feeding.

But the party for whom I vote most of the time on a Federal level has determined that Terri Schiavo’s life and death are its business. Therein lies the disparity, the cleft which shall yield a schism in the bloc that re-elected George W. Bush and has continued to send a Republican majority to Congress. It’s not a culture of life versus a culture of choice, it’s the culture of my business versuse the culture of “Hey, we’re in power now, so maybe it is the Federal government’s business since the Federal government is ours.”

Call them the pro-Federal-Business wing of the Republican party. I won’t call them theocrats because that’s not the issue; from whatever source they derive their beliefs, I care not. I do care that they’re using the mechanisms of federal government to impose them on everyone.

Supporters of the Republican Federal Steamroller (RFS, blogosphere, if you want a nifty abbreviation) chortle and ask me if I’m going to vote for John Kerry or Hillary Rodham Clinton in 2008. No, I won’t.

I will vote for the stronger foreign policy candidate for president in 2008. That’s the proper role of the president; to handle foreign policy.

The real danger to your Republican hegemony comes in 2006 and 2008 for the legislative branch of government. Because quite frankly, I am so disappointed with what the Republicans are doing in Congress that I will probably vote for the Libertarian candidate, however nutso and unqualified. And if the loss of my vote leads to a Democratic Congress, perhaps the Republicans can relearn their lesson and return to small government, Contract With Americaesque stylings. At least a Republican president won’t give the Democrat congress everything their socialist heart desires, so we won’t be much worse off than we are now.

If the worst case scenario occurs, and I help elect a Democrat congress and the Republicans cheese off voters who don’t recognize the proper role of the president to elect Clinton II (The Restoration), undoubtedly Hewitt, Steyn, et al., will blame me and my None-Of-My-Business-and-Especially-None-of-the-Federal-Government’s-Business brethen for the potential disasters ahead–National Health Care, National This, National That, International Law, Loss of Sovereignity, and so forth–without recognizing the role they played as cheerleaders to the Absolutely-Corrupted-By-Absolute-Power bunch we sent to Washington in 2004.

No, all damnation will be reserved for the libertarian conservatives who just wanted the Federal government to handle national things. That the Federal government wanted to dictate what a single individual would eat–PVS or not–won’t cross the minds of the small-government-conservatives-until-in-power legislators and their cheerleaders.

So be it. I cannot wait until 2006 so I can cast my vote.

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Unspoken Footnote

Here’s a piece of on-product advertising from Frito-Lay:

Lay's Stax Promo

The text:

America prefers the taste of Lay’s Stax® Original Potato Crisps Over Pringles® Original Potato Crisps**

Taste for Yourself!

** Among those with a preference

Among those with a preference? You mean amongst the thirty people outside of Lay’s who have heard of the canned Lay’s? Wow, that’s some bandwagon there.

In a related note, America prefers Musings from Brian J. Noggle to Pop-Up Mocker**

** Among those with a preference and who know what a “blog” is and who have heard of either of the aforementioned bottom-feeding blogs.

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Call Europe the Amusement Park Socialismland

Pensioner ordered to cut the grass

A pensioner who took his daughter and son-in-law to court to force them to cut his grass has been forced to do it himself.

Paul Mueller, 72, argued he was too old to cut the lawn at the house he shared with daughter Karin and her husband Peter Hoffer.

He went to court to get them to take on the job at the house in Bonn, Germany.

But the plan backfired when the court ruled that the pensioner should be responsible for cutting the grass.

If he fails to do the job, his daughter, 43, is allowed to hire a professional gardener and make the old man pay the bill.

I don’t know whether to laugh or to cry. I suppose I could do both: I could laugh at the absurdity of this silly Eurocrat idea, and cry because I realize by the time I am 72, the situation could be such in this country that I might have to sue my own damn kid to mow the schnucking lawn and lose.

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An Anatomy of Bad Lawmaking

From a story in the St. Louis Post-Dispatch entitled “Chain reaction“, we have this illuminating look at poor lawmaking:

  • Concerned citizen John Q. Everyman gets an idea.

    That’s what Connie Davie of Creve Coeur thought when she saw dogs tied outside, all alone, day and night, in every kind of weather. In fact, she thought, as images of the lonely, pathetic-looking canines kept creeping into her mind, surely there is a law against such obvious abuse.

    Curious, Davie called her local police department to find out just what the law said.

    It said nothing. There was no law. As long as a dog has access to food, water and shelter, the law was happy.

    Note the shading of story; a dog chained in a yard is subject to obvious abuse; the community must sanction the owner. Also, let’s understand the nature of this John Q., shall we?

    Or volunteering for Stray Rescue of St. Louis. Or walking Eddie and Sherry, the dogs she fostered for Stray Rescue and ended up keeping.

    But, she said, “I saw a need in my area for a law that addressed this issue of tethering.” Animals were suffering.

    And when animals are suffering, Davie acts.

    This particular citizen is an active volunteer for an animal advocacy group. One doubts that the St. Louis Post-Dispatch would wine-and-dine a Missouri Synod employee advocating schools to allow Lutheran youth groups meet on campus after school, but an animal group volunteer who agitates is just a plucky normal person.

  • The council drafts an ordinance to apply to everyone.

    “I worked with Beth for three to four months drafting an ordinance that we thought would be enforceable. I also worked with our police chief, Don Kayser, since he would be the one who’d have to enforce whatever we came up with,” she said.

    “When I first met with the police chief, I told him I didn’t expect the police to be cruising around looking for chained dogs. And I told the city council that I didn’t expect the police to be the dog gestapo. But if someone calls to report that a dog is being mistreated, the police need to have the leverage to act on it.”

    You see, the law is not designed for an instant enforcement; tether a dog, go to jail. Instead, it’s designed as a means by which to punish those select people about whom the neighbors complain, or whom the police want to punish. If cops see a tethered dog, they’re not always going to make an arrest. A good discretionary law, subject to arbitrary enforcement.

  • The legislators pay attention to detail to craft exactly the ordinance they intend.

    Davie smiled when she recalled that the final draft of the ordinance had a mistake in it. “It said that a dog could not be tied out continuously for more than six hours. It was supposed to say eight hours, because we wanted to take people who work into consideration. When one of the council members pointed out the typo, another council member said they’d be happy if it said we couldn’t chain a dog outside at all,” she said.

    I cannot bold this paragraph enough. They made an error in the final legislation they passed, but that’s okay, because one legislator would prefer to take all tethering rights from dog owners altogether.

  • Satisfied that she has altered her local community’s laws, John Q. Public returns to normal life.

    Davie still is amazed at the relative ease with which the ordinance passed. So much so that she has decided to broaden the battlefield.

    She wants to get a similar measure enacted in St. Louis County.

    So she wants me, and all St. Louis County residents, to adhere to her personal aesthetic standards of animal ownership. But wait, it’s not just me:

    Davie is hoping that others will join her crusade, not just in St. Louis County but in other municipalities.

    “What we did in Creve Coeur has been done in at least 59 other communities across the country,” she said. “It’s becoming kind of a movement, I think.”

    John Q. wants the entire world to adhere to her standards.

There you have it. An animal rights advocate uses anecdotal evidence and emotionalism to hand law enforcement a law it can enforce at its whim. Whom will it impact the most? Law abiding citizens who own dogs but cannot afford thousand dollar fences but don’t want to leave their dogs in their homes while they’re at work. While they might have provided their tethered dogs with water, food, shelter, and amusement for the periods when they’re at work, they’ll have to give up their dogs or violate the law (I bet they just violate the law).

The more laws you make, the more lawbreakers, particularly when the laws target trivial misdeeds that many people do without mens rea or particular ill effect. I wonder what our society will be like in twenty years or thirty years when everyone knows that they’re already breaking laws….what could one more crime mean?

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A Record To Stand The Ages

According to a nugget in the St. Louis Post-Dispatch, Cardinals slugger Albert Pujols did not strike out in spring training. An almost unheard of occurrence:

He is the first player to go an entire spring without a strikeout since the Milwaukee Brewers’ Eric Young in 2003. The Chicago White Sox’ Joey Cora accomplished the feat in 1993 in 72 plate appearances. Outfielder Luis Saturia was the last Cardinals player to go all spring training without a strikeout in at least 20 plate appearances. He did so in 2002; however, he was reassigned before the end of camp.

No other player in Major League Baseball has done that since the year before last and no Cardinals spring trainee attendee has done that since two years ago. And that Cardinals player was demoted to the minor leagues.

If local sportswriters could have it, we know which Cardinal they would elevate to the papacy.

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I Won’t Win The Lottery, Either

New pope will hail from cardinals

So that puts those of us who are not Catholic and advanced members of the clergy out of the running. I was hoping to be a Cinderella story myself, a dark horse candidate who would bring a sort of everyman’s perspective to the papacy. Ah, well, at least I can console myself with my acelibacy.

I don’t know what’s more frightening; that reporters need to write entire eighth-grade-report style stories on succession in the Catholic church, or the idea that some people impacted by this knowledge might not have it.

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Micromanagement

Blagojevich orders pharmacies to sell contraceptives promptly.

The Illinois governor also told fast food fry clerks to clean the frier, grocery store utility clerks to restock the bags at the end of the registers, and for the sales clerk at the department store to stop standing around and to straighten her area, for crying out loud she’s lucky she has this job with her being late three times this year and calling in once every three weeks.

UPDATE: Furthermore, Blagojevich ordered pharmacies to bundle unused flu vaccination doses with every purchase of a contraceptive.

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Senator Jim Talent’s Solution to Crime: Federalize It

After all, he’s federal legislator, so he cannot be seen by the public as Doing Something!!!! on local law enforcement problems. So he gathered up a news conference with local law enforcement and spake:

Sen. Jim Talent, calling methamphetamine “the No. 1 law-enforcement problem facing Missouri,” on Friday outlined a federal plan to increase funding for police and prosecutors and restrict sales of the over-the-counter cold pills used to make the powerful narcotic.

Speaking at a news conference at the St. Louis County Police headquarters in Clayton, Talent called the Combat Meth Act the most comprehensive anti-meth legislation ever proposed.

The bill – sponsored by Talent, R-Mo., and Sen. Dianne Feinstein, D-Calif. – would direct $20 million to train police, hire prosecutors and fund programs that help children injured in drug labs. But the bill’s focus is restricting the sale of pseudoephedrine, the active ingredient in scores of cold remedies.

It’s a big problem facing Missouri, so Talent (a name, not necessarily a noun) wants the federal government to gather federal tax dollars, take its cut off the top, and then pass those federally-taken tax dollars to the states to spend as they see fit. Well, maybe pass the money back to the states, if the states jump through the new federal hoops correctly, probably including passing legislation to make it possible to charge someone with DUI for wearing aftershave. But I digress.

My senator co-sponsored this bill with Dianne Feinstein. That says it all.

They’re doing something to make America better and stronger by setting up a vigorish that will fund administration of the tax money redistribution and by making more innocuous behavior (buying too much cough medicine) criminal.

The America they’re strengthening is the federal government. That America and the amalgamated citizens and states of America are often not the same thing.

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But He Still Killed Susan Gutweiler

From the sound of it, the case against Leonard Little was a little weak:

On Friday, the only defense witness that Rosenblum called was Ladue police Officer Keneth Andreski, who was Stork’s backup when Little was arrested and was standing five feet from the defendant when Little was given the sobriety tests.

Stork had testified that Little was windmilling his arms and unable to stand on one foot. Andreski said he didn’t recall seeing Little swinging his arms or holding them outward like airplane wings to keep his balance.

Andreski said he didn’t recall seeing Little swaying or using the Mercedes for support, as Stork had told the jury.

Also testifying Friday was Sgt. Darin McClure. Under questioning by prosecutor Mark Bishop, McClure said he administered a breath test at the arrest scene on a portable machine and it showed that Little had been drinking. McClure said also he smelled alcohol on Little’s breath.

Under Rosenblum’s questioning, McClure said Little wasn’t stumbling, swaying, losing his balance or smelling of alcohol at the Ladue police station, where he was taken 18 minutes after the traffic stop.

“Nothing in this case is consistent with intoxication,” Rosenblum said.

Well, that’s the flipside of fame and the law’s engagement with you. On the first offense, you leave a mother dead and get a slap on the wrist; from there on out, every cop who pulls you over will try to railroad you for DUI.

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Sandy Berger: Slightly Guilty

Sandy Berger, the former National Security Adviser accused of putting documents in his socks, has plead guilty to a misdemeanor charge of stealing classified documents. Of course, dear friends, you realize that stealing classified documents remains a misdemeanor only because only powerful people do it; stealing a couple hundred bucks of rare manuscript or something of comparable size and relative value would land you or I, simple citizens, in jail for a long time.

But in case you’re interested, remember MfBJN provided Stealing Documents In Socks: A Primer last summer to edify you, lawful reader, about how the bad deed is done.

(Story seen on Michelle Malkin.)

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Athletes Refuse Autographs in Rhode Island

After all, Rhode Island is legislating away fees for autographs:

The state Senate has approved a bill that would impose a $100 fine on professional athletes and entertainers who charge anyone under 16 for an autograph.

Dear friends, readers, and people who have come to this site for pictures of Samus Aran naked that I don’t have, what will the result of this law?

Same amount of autograph opportunity availability, but no charge, or Fewer autographing opportunities?

Furthermore, let’s get to the incident that instigated the something-doing by the legislator:

Bill sponsor, Sen. Roger Badeau, said he was appalled when Boston Red Sox players participated in an autograph signing event in Providence after their World Series win last fall, and parents had to shell out nearly $200 so their children could get an autograph.

Fining someone $100 for doing something for $200 is not a deterrent. It’s a tax.

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Great Minds Think Alike

But that won’t necessarily explain why I said something with which Professor Bainbridge might agree.

In a recent book review, I said:

These three novels are short; the whole book runs under 500 pages. But that’s something else I remember: novels running under 200 pages each. Now, the publishers think you’ll wilt if you spend $30 on fewer than 350 pages. Come to think of it, I would, too. Perhaps hardback publishers are pricing themselves out of the entertainment marketplace by keeping their book prices in line with that of video games.

In a post entitled Bloated Fantasy, the professor links to a piece that notes how fantasy has gotten bloated into long books and series:

Hear, hear! (Candidly, I even got bogged down for a while about midway through the widely – and appropriately – praised Jonathan Strange & Mr. Norrell. I’m very glad I eventually finished it, but a good editor could have lopped a few hundred pages off it without hurting the book one bit.)

I think what we see represents more the drive of the publishing industry, which needs longer books to justify hardcover prices and it needs long series to like readers into purchasing those expensive hardcovers than an inexplicable decline in good, terse writing.

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