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Thursday, May 3, 2012

What Is or Should Be the Law?

What this country needs is a good theory of law. We even lack the language to talk about what is happening to us. One party denounces the other but only in ways that exempt itself from criticism. As a result, the “man on the street” is not even prepared to talk about fundamental questions.

Example: Where did law come from, and what should it do? Sure, people get annoyed at the police, irritated by the TSA or startled to read about periodic injustices of public policy. One party gets annoyed when the other party’s president enacts laws without regard to any constitutional conventions.

Read more: What Is or Should Be the Law?

2 comments:

texlahoma said...

Except for laws protecting minors, there shouldn't be any victimless crimes.
Drugs should be legal and sold in a setting like a liquor store. Prostitution should be legal.

I'm certainly no lawyer but the way laws are deemed constitutional needs to be changed. The constitution clearly says
"The right to keep and bear arms shall not be infringed." Yet people are arrested every day for having or carrying guns. Very clearly unconstitutional.
Seems to me we need far fewer laws, lawyers and cops.

Martha Montelongo said...

I agree.

Botched Paramilitary Police Raids: An Epidemic of "Isolated Incidents"

"If a widespread pattern of [knock-and-announce] violations were shown . . . there would be reason for grave concern." —Supreme Court Justice Anthony Kennedy, in Hudson v. Michigan, June 15, 2006. An interactive map of botched SWAT and paramilitary police raids, released in conjunction with the Cato policy paper "Overkill: The Rise of Paramilitary Police Raids," by Radley Balko. What does this map mean? How to use this map View Original Map and Database

Key

Death of an innocent. Death or injury of a police officer. Death of a nonviolent offender.
Raid on an innocent suspect. Other examples of paramilitary police excess. Unnecessary raids on doctors and sick people.
The proliferation of SWAT teams, police militarization, and the Drug War have given rise to a dramatic increase in the number of "no-knock" or "quick-knock" raids on suspected drug offenders. Because these raids are often conducted based on tips from notoriously unreliable confidential informants, police sometimes conduct SWAT-style raids on the wrong home, or on the homes of nonviolent, misdemeanor drug users. Such highly-volatile, overly confrontational tactics are bad enough when no one is hurt -- it's difficult to imagine the terror an innocent suspect or family faces when a SWAT team mistakenly breaks down their door in the middle of the night. But even more disturbing are the number of times such "wrong door" raids unnecessarily lead to the injury or death of suspects, bystanders, and police officers. Defenders of SWAT teams and paramilitary tactics say such incidents are isolated and rare. The map above aims to refute that notion.