Friday - October 26, 2007

Who Needs Rights Anyway?

via SayUncle, we find this lovely bit of news:

I think it’s worth acknowledging the primary functions of the law as it’s used by prosecutors in DC: the gun ban is both a preventive detention statute and an intelligence-gathering tool. At one time when I was a prosecutor, we were prohibited from extending a plea offer in gun cases unless the defendant agreed to come into the office (with his attorney, of course) and be “debriefed” about his knowledge of criminal activity in the city. The statute was also a mechanism for locking up individuals perceived as violent, but against whom other cases could not be brought for whatever reason. It’s pretty simple to prove beyond a reasonable doubt that an individual was in possession of a gun without a license and a lot tougher to prove that he committed a violent crime. These functions may not be relevant to the question whether the statute is constitutional, but it’s worth acknowledging that invalidating the gun ban will surely have a tremendous impact on crime-fighting in the District.

Got that? Here’s a former prosecutor who (a) doesn’t care if it’s constitutional or not (b) knows that the gun ban does nothing to decrease gun crime but makes a nifty tool to imprison people for (c) HAVING A PERCEPTION OF BEING VIOLENT.

I had an interesting conversation a couple of weeks ago with an acquaintance of an acquaintance who is a cop in another city in Virginia.  When I asked if open-carry was common in that city, he scoffed: “If I see anyone open-carrying, they are going to get jumped on by me and any other cop in the district.” We were in a polite setting and it would not have been proper for me to get all in his face about it.  (BTW, open-carry is legal by anyone over 21 in the Commonwealth of Virginia)

On one hand, I know what he meant.  He works in a bad part of this city and the general population he encounters are less than nobel in their collective contribution to society.  That notwithstanding, you can see the parallel in his words to this prosecutor’s above.

It is the general perception by law enforcement and the government that they are our betters.  That we are but sheep needing to be tended to.  If we get out of line, we will be poked and prodded until we comply, or else sent to the slaughterhouse.

It is very disturbing.

Posted by Drew458     on 10/26/2007 at 02:22 PM   
Filed Under: • Crime • Judges-Courts-Lawyers •  
• Comments (9) • Trackbacks(0)  Permalink •  

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