Currently viewing the tag: "law and order"

1024px-1537_Braunschweiger_Monogrammist_Bordellszene_anagoriaWhen I was 12 or 13 years old, my mother mentioned that maybe weed wasn’t so bad, and police weren’t so good. Being homeschooled by libertarians has that benefit — the lessons are subtle and everyday, and occasionally they are explicit and in the moment, quite shocking.

Since that day, I’ve written and thought a great deal about the insanity of the war on drugs and the dangerous state of American policing. But, I haven’t written as much as I should about another harmful prohibition on a natural human action — one that also leads to outrageous laws, immoral punishments, and Puritanical shaming  — sex work. When Maggie McNeill prodded me into writing a piece for her Friday the 13 support for sex workers tradition, I was again reminded that I have not done my job in covering the issue. So, though I have a little post here, my real message for today is, I will do better on this. Because it is the same issue that makes me rant 1000 times a day, to my parents, boyfriend, friends, and literally anyone else who will listen. And the same innocent people are being punished.

Drug use is easy (at least for libertarians) to defend. Depriving people of medical marijuana or prescription drugs or punishing people for their choice of relaxant — it’s seems so simple and wrong to me after almost 15 years of thinking about it. I’ve been around people smoking weed, and nothing dire happened. I can see the smallness behind the prohibition of this supposedly great social ill and that yeah, Reefer Madness is a campy movie, not a policy guidebook.

Drugs are more familiar to me (in a manner of speaking), and they can be enjoyed without any kind of ruin to health or morals. But so too can selling (or buying!) sex. Drug use is a failing and a crime, so says the right; and to the left it is a health outrage to be paternalistically — but still forcibly — remedied with drug courts and mandatory rehab.

Sex work is the same. A fallen woman or a dirty whore in the right’s eyes might be to the left a a trafficked victim, perhaps one suffering from false consciousness if she declares she choose this particular carer.

I don’t often feel comfortable wielding such a lefty, workers of the world, etc.! word as “solidarity”, but when I think of the people who “don’t count” by the standards of society and law, I feel an urge to help them. Not because I know the first thing about how they lives should go, but simply because I know that the laws that oppress them, the cops that harass them, and the rest of us who tolerate or excuse it are all in the wrong.

Chatting with Maggie McNeill and once visiting a strip club are about the extent of my personal knowledge of the world of sex workers. I don’t see the appeal of stripping, whoring, escorting, or any of that for myself. I don’t disapprove of any of it, to be sure, but even if I did, I could — and should — write this same post, knowing that my personal feelings about selling sex shouldn’t mean a damn thing to anyone.

They certainly shouldn’t mean anything when deciding national, state, or local policies. The bedroom is the bedroom, whether money changes hands or not. And pro-woman, pro-sexual freedom liberals and small government conservatives should put their money where their mouth is and realize that laws against prostitution violate all manner of their professed principles. But libertarians, too, must take more notice of this, regardless of personal feelings about the work itself.

That’s the thing — the war on drugs, the war on the homeless, the war on immigrants, the panic over gun owners, religious weirdos, right-wing and left wing activists, all of this has lead to an out of control police force, and prisons spilling over with 2 million people. All of this is excused with, well, it’s not me getting my door kicked in at 4 am over weed, it’s not me schizophrenic and afraid of the police, it’s not me who wants to homeschool my kids in Idaho while owning a few guns, it’s not me being sprayed at protests, it’s not me photographed and held for hours at my work for a compliance check performed by armed police officers, so what does it matter?

Sex workers are judged, screwed over, and oppressed. The state and the busy-bodies have decided they — like so many other eccentrics or “immoral” actors — don’t get the same rights and protections good, upstanding citizens do. Their choices are wrong. Not just wrong, but against the law. And the law is the law, as the meaningless, malevolent tautology goes. Once that is declared true, all else so painfully familiar — jailing, “saving,” shaming, and ignoring people when they do need help — follows.

DEA_badge_CDon’t celebrate the ceasefire until the prisoners are freed:

On March 13, the Colorado Court of Appeals issued a ruling that may provide a benefit for a small but not insignificant number of the people arrested for marijuana in the state. Brandi Jessica Russell had her 2011 conviction for possession of less than an ounce of marijuana overturned, and this precedent could be applied to other specific cases where the defendants had appeals in process when Colorado’s Amendment 64 passed in November 2012.

The victory will be small, since most people charged with drug possession plead out instead. But it’s progress. And in spite of some handwringing about the legal precedent set by retroactively applying a law by such dissenters as The Denver Posteditorial board, this is a good thing. As Tom Angell, the founder of the Marijuana Majority, told me by email, “The voters of Colorado … declared the war on marijuana a failure on Election Day 2012. It’s very good news that their sensible action at the ballot box will not only prevent more people from being arrested under senseless prohibition laws but will provide help to those who have been caught in the grips of those laws in years past.”

The rest over here

policeCheck out the most recent Bad Cop Blotter:

On Friday, the district attorney’s office in Humboldt County, Nevada, agreed to return the $50,000 that had been seized from Tan Nguyen during a traffic stop on September 23, 2013. Nguyen had never been charged with a crime, much less convicted of anything—Humboldt County sheriff’s deputy Lee Dove pulled him over for allegedly going three miles over the speed limit, then searched his car without permission (though the cops claim consent was given) and found what Nguyen said was gambling winnings. The 37-year-old California resident’s luck clearly ran out when he was stopped by Dove, however, and according to his lawsuit, Nguyen was given a choice—give up his money or try to get home without his vehicle.

This wasn’t an isolated incident or a mistake on behalf of the cops. In a photo that the Humboldt County Sheriff’s Department put on Facebook (and has since deleted), Dove posed proudly with a police dog and the $50,000 he had seized. The officer, who is also accused of taking $13,800 and a handgun from another driver in a similarly flimsy traffic-stop scenario, is presumably feeling less puffed-up now. On Friday, the local district attorney’s office promised that that driver, Nguyen, and another person who had $2,400 taken, would get their cash back, and that forfeiture policy would be reevaluated.

Is it good that the DA is checking on these stories? Sure. Are these Nevada horror stories particularly surprising? Not if you know the bizarre state of asset-forfeiture laws.

The rest here

6-8-07-segway-policeBelow is my debut for Rare.us, the conservative/libertarian outlet. As is often the case, I rambled on about how cops have become soldiers, and how that is very bad indeed.

Knowing what 9/11 did to America, it would be easy to assume that an overeager desire to prevent another such tragedy is why our cops look and act more and more like the military these days.

Yet the drug war — first “declared” by Richard Nixon, then militarized by Ronald Reagan — and various laws that came out of the tough on drugs and crime panics of the ‘80s is why every small town seems to have a SWAT team today. Officer Friendly has been taken over by RoboCop.

Though the push-back against the drug war has begun at long last, thanks to successful legislation efforts in Colorado and Washington state, most legislators have yet to stare down the new face of the police themselves.

One rare exception is Rep. Hank Johnson (D-Ga.). On March 10, he co-authored a USA Today editorial in which he announced his plan to introduce legislation which would hinder the Pentagon’s 1033 program that allows police departments to acquire surplus military equipment.

But how much success will legislation have when it aims to restrict willing recipients from receiving tech that might just be destroyed? Not as much as it should.

Since 9/11, cops have been given more powers and privileges for fighting terrorism. The New York Police Department (NYPD) now performs a great deal of CIA-ish surveillance in the name of preventing another attack. New York City Mayor Michael Bloomberg even described the NYPD as his “private army.”

The rest here

 

401977_820298143983_859526031_nBelow is the second edition of “The War at Home” column. I tried to cram in a hasty lesson on the whys and the dangers of the militarized police in America.

Antiwar commenters are often yelling at me for being for open borders or for referring to Chelsea Manning as Chelsea Manning, but they may have a point about my final paragraph being misleading. Noted, commenters. Thanks for the lesson.

(I also should have headlined it “The Blurred Line Between Soldiers and Cops” because that so obviously sounds better. Ugh.)

Nevertheless, do check it out:

In a March 10 USA Today piece, Congressman Hank Johnson (D-GA) expressed his desire to introduce legislation that would place limits on the Pentagon’s 1033 program which is used to supply police departments with gear that was once used on the streets of Afghanistan and Iraq. This is a long overdue “official” recognition that something terrible has happened to police departments in the US. Whether Johnson’s plan has a chance of getting anywhere remains to be seen. Because there are numerous firmly-stuck perverse incentives that lead to the state of policing today and which perpetuate it.

People who casually notice the more military-like qualities of American police would be forgiven for assuming their tactics, weapons, and menacing appearance are a result of post-9/11 fear. Though September 11 and subsequent scares and some real incidents such as the Boston Bombing have aggravated this problem – and there is a similar equipment grant program that comes from the Department of Homeland Security that Rep. Johnson should check on – the catalyst for our mutant police is narcotics prohibition.

Ronald Reagan’s literal drug war began in 1981 with the passage of the Military Cooperation with Civilian Law Enforcement Statute (10 USC 371-380). More loosened restrictions followed that allowed domestic assistance by the military to police in certain (usually drug) cases. It also set up a system where police departments could receive equipment through grants from the federal government. This lead to bizarre commando-style drug raids that sometimes included military helicopters, and even U-2 spy planes. (The flimsy accusation that the Branch Davidian sect had a meth lab was even the excuse for the presence of the Bradley Fighting Vehicles and other military hardware during the disastrous 1993 standoff outside Waco, TX.)

Richard Nixon had declared a “war on drugs” in 1971 and pushed some bad policies – including a DC “no-knock raids” law – with limited success. But the conflict became the monster we see today under Reagan. Those years rocketed the US’s prison population to its current inhumane level of more than 2 million people, and they lead to the normalization of camo-clad cops kicking in doors over reports of weed or other drugs. The spike in crime in the 1990s cemented this supposed need for eternally tough on crime measures from police and politicians. Policies such as mandatory minimum sentences for drug offenders made it clear this was was a serious enough issue to warrant life in prison for repeat, nonviolent drug dealers.

The rest over here

From the latest Bad Cop Blotter:

21-jump-street-posterOn December 11, 2012, 17-year-old Jesse Snodgrass and a few of his fellow students were sitting in their classes in Chaparral High School in Riverside County, California, when they were arrested by armed cops. That raid, dubbed “Operation Glasshouse,” also extended to other schools in the district. At the end of that day, police had arrested 22 students and seized undisclosed amounts of weed, cocaine, pills, heroin, and LSD. The police considered it a great success. Snodgrass’s parents were horrified.

The March 14 issue of Rolling Stone has a detailed, disturbing account of how Sheriff’s Deputy Daniel Zipperstein went undercover at Chaparral and subsequently pretended to befriend Snodgrass (who suffers from autism, bipolar disorder, Tourette’s, and anxiety) and insisted he sell him $20 of weed on two occasions. It only took the 22-year-old cop 60 text messages and weeks of pestering to bend the vulnerable and largely friendless teenager to his will, but when Zipperstein failed to convince Snodgrass to sell him some of his anti-anxiety medication, the deputy stopped pretending to be his friend.

Snodgrass’s parents weren’t informed of his December 11 arrest until the school mentioned he wasn’t there. He spent three days in juvenile lockup, where it had to be explained to him what was going on. Once a judge realized Snodgrass’s health issues, the teen got off with 20 hours of community service and a commitment to stay out of further trouble for six months. But he became withdrawn, blank, and depressed after his arrest and confinement, and Chaparral expelled him. The Temecula Valley Unified School District spent six days at an appeal hearing in February 2013 trying to make sure Jesse stayed gone. An actual human with the actual title of director of Child Welfare and Attendance, Michael Hubbard (one of the few people in the school administration who had known about Operation Glasshouse before the arrests) testified that Jesse knew right from wrong. Hubbard added that he didn’t think the stings were “coercion or entrapment for any of the kids.” That is, an undercover cop begging an autistic teen (who hadn’t ever sold weed before) for drugs was acceptable activity in a high school.

You can read the rest here

potLast Tuesday, during a hearing on legislation that would permit the use of recreational marijuana in Maryland, Annapolis police chief Michael Pristoop testified against the bill, in the process claiming that 37 people had overdosed on marijuana the day that pot became legal in Colorado. Pristoop was apparently getting his information from the Daily Currant, a notoriously shitty, unfunny “satire” website that put up a joke piece that “reported” that those people had died back in January.

State senator Jamie Raskin, the Democrat who sponsored the bill, immediately corrected Pristoop and told him that the Daily Currant is a comedy site. Pristoop said he would check on the error, but he was “holding on to information I was provided.” The next day Pristoop acknowledged he was wrong but said the general objection to legalization still stands. In other words, his opinion was based on lies, but he wasn’t changing it.

Now, Pristoop’s job requires that he enforce the drug laws, which in theory means that he should be more educated than the general public about what individual drugs can and can’t do. What’s disturbing is that he believed such a baseless story on faith—believed it enough to bring it up in a fancy hearing!—even though YOU CAN’T OVERDOSE ON MARIJUANA.

The rest of the Bad Cop Blotter over here

policeOn Valentine’s Day, two police officers in Euharlee, Georgia, showed up at the home of 17-year-old Christopher Roupe to serve a probation-violation warrant on his father. According to a lawyer representing Roupe’s family, immediately after the teenager opened the door, an unnamed female officer shot him fatally in the chest. The officer, who’s now on paid administrative leave, told the Georgia Bureau of Investigation, which is now handling the investigation, that Roupe pointed a gun at her. But it’s not at all clear that’s what happened. Neighbor Richard Yates, who was interviewed by local-news station WSBTV, thought that Roupe was actually holding a BB gun and “playing a game” with another kid. (Yates also said he saw the female officer crying after the incident.) Tia Howard, another neighbor, told WSBTV that “they said” the boy had a Wii controller when he was shot.

When I called him to ask about the incident, Euharlee police chief Terry J. Harget told me he had no comment or official statement except what had been given to TV stations last week. Harget added that he hoped the truth would come out and that the considered the event a tragedy, which it certainly is.

It’s not an isolated tragedy, though. Police mistake various harmless items—Wii remotes, combs,walletspagers—for guns all the time. Frequently, you’ll hear that a suspect was “reaching for his waistband,” a common excuse/cliché in police shootings that often makes the officers more justified in letting one fly than they were. And it’s not just confrontations with suspected criminals that end in gunfire—sometimes the police simply spot a teenager with a toy firearm, or a manholding a hose nozzle, or a homeless man with a stick, and open fire.

The rest of the Bad Cop Blotter here