Category Archives: Crime and Punishment

The Right to Life Also Implies a Right to Die

Dr. Jack Kevorkian has finally completed an eight year prison term. For what exactly? For helping a terminally ill and suffering man exercise his right to a have a dignified and peaceful death. I find it very irritating that the media has given Dr. Kevorkian the nickname “Dr. Death” as if he were some kind of serial killer.

Dr. Kevorkian has done our society a great service by bringing this issue into the national debate. On what basis can society deny a person his or her right to die? If we truly believe that every individual has the inalienable rights of life, liberty, and property, then the individual cannot be denied this right on any of these measures.

The individual has the right to life but this does not mean that government can force an individual to live. The individual has the right not to exercise his or her rights. The individual has the right to keep and bear arms but the government cannot force an individual to own a gun. The individual has the right to his or her liberty (provided he or she does not infringe on the liberty of others) but he or she can willfully surrender his or her liberty to be subjugated to a cult or religion. The individual has a right to his or her property (which would include his or her body by the way) which means he or she can do with it whatever he or she wishes (again, provided he or she does not infringe on the life, liberty, or property of others).

Thomas A. Bowden has an excellent piece on this issue at Capitalism Magazine.

The Declaration of Independence proclaimed, for the first time in the history of nations, that each person exists as an end in himself. This basic truth–which finds political expression in the right to life, liberty, and the pursuit of happiness–means, in practical terms, that you need no one’s permission to live, and that no one may forcibly obstruct your efforts to achieve your own personal happiness.

[…]

For these reasons, each individual has the right to decide the hour of his death and to implement that solemn decision as best he can. The choice is his because the life is his. And if a doctor is willing (not forced) to assist in the suicide, based on an objective assessment of his patient’s mental and physical state, the law should not stand in his way.

The fear by those who oppose the inherent right to die is that the government would eventually start killing those who are suffering regardless of the wishes of the individual. But upon closer inspection, recognizing an individual’s right to choose his or her manner of death is protecting the individual’s right to life. The individual does not live for the purpose of pleasing society or the religious sensibilities of others.

Fred Thompson Responds to the Fat Ass from Flint

Fox News:

WASHINGTON — TV star and former Tennessee Sen. Fred Thompson declined Tuesday to meet with Michael Moore, suggesting the filmmaker instead might want to check himself into a mental hospital after Moore challenged Thompson to a one-on-one debate on health care.

I’m really disappointed that Fred Thompson couldn’t schedule a debate (I wonder why his schedule is so busy? Maybe he is close to announcing his candidacy for President) with the Fat Ass from Flint. I would have loved to see Michael Moore pummeled by someone much more intelligent than he is*. Still, I think Thompson made an excellent point in under 40 seconds.

The response follows a letter by Moore in which he scolded the Law & Order actor. Noting Thompson’s fondness for Cuban cigars, Moore wrote that Thompson is in no position to criticize Moore for traveling to Cuba with several ailing Sept. 11 emergency responders to make the argument that Cuba’s health care system is superior to the United States’.

“Putting aside the fact that you, like the Bush administration, seem far more concerned about the trip to Cuba than the health care of these 9/11 heroes, I was struck by the fact that your concerns (including comments about Castro’s reported financial worth) apparently do not extend to your own conduct,” Moore wrote in a letter sent to Thompson dated Tuesday.

“In light of your comments regarding Cuba and Castro, do you think the ‘box upon box of cigars — Montecristos from Havana’ that you have in your office have contributed to Castro’s reported wealth?” reads the letter, which also points out that Thompson earned “hundreds of thousands” in campaign contributions from the health care industry and worked as an industry lobbyist.

As much as I hate to admit it, the Fat Ass makes a good point here. The embargo against Cuba is enforced somewhat selectively. The embargo is quite hypocritical considering that America’s chief trading partner is Communist China. However, Moore knows damn well that had anyone else made an unapproved trip to Cuba, that person would also be under investigation and possibly face charges. He would have us to believe that this is nothing more than the Bush administration harassing him because he is such a vocal critic. His crockumentary Sicko will be premiering soon at the Cannes Film festival. Coincidence?

Of course the media and Hollywood elites will have nothing but admiration for this latest propaganda film. I doubt anyone in the media will raise the real questions surrounding Cuba’s healthcare system. Questions like “If Cuba’s healthcare system is so wonderful, why do so many Cubans put their families in rafts to make a 90+ mile trip to Florida in hopes to step onto dry ground in America?” How many Cubans die trying to make this trip? I doubt they would come here if America’s healthcare was so inferior.

It probably won’t occur to anyone in the MSM that perhaps Castro would want Moore’s propaganda to cover up the failings of his government. Moore is doing Castro a great service by acting as his propaganda minister. Does anyone for a second believe that Castro would allow Moore to show these 9/11 heroes being treated as the average Cuban?

Cuba’s socialist healthcare system is superior to that of the United States? I think we know who the real “sicko” is here and as Fred Thompson mentioned, Moore can voluntarily get all the help he needs in an American mental institution of his choice.

*If Moore is really interested in debating someone, Larry Elder extended an offer to debate him on his radio show 1,679 days, 20 hours, and 28 minutes ago as I write this. I’ll bet the Sage would give him the whole show.

200 Innocent and Counting

Back in January I wrote a post about how our criminal justice system needs significant reform. A truly wonderful organization founded in 1992 called The Innocence Project is trying to bring about similar reforms I wrote about as well as a few others. Thanks in part to the efforts of The Innocence Project, 200 wrongfully convicted are now free. Of the 200 exonerated, 14 were on death row (This in itself is making me lean a lot more against the death penalty).

While the fact that these individuals have regained their freedom is very good news, this also raises a whole lot of other questions. For these 200 individuals, there is the question of “now what?” meaning, what are they going to do with the rest of their lives and how do they reintegrate into society? Some states offer the wrongfully convicted compensation for time served while others won’t even apologize. Another question raised is “how many more are doing time for crimes they did not commit?” It’s not hard to imagine that these 200 cases are representative of a much larger number. Perhaps even more important questions are “how does this happen in our system which promises liberty and justice for all?” and “how do we fix the system?”

To the last two questions, The Innocence Project has found some answers. The top seven reasons why these individuals were convicted: eyewitness misidentification, unreliable or limited science, false confessions, forensic science fraud or misconduct, government misconduct, bad informants or “snitches,” bad lawyering, or a combination of these causes. While challenging, all of these causes can be reexamined and be reformed with some imagination and common sense.

The Innocence Project has some proposed solutions to these problems such as reforming the methods for eyewitness identification, interrogation reforms such as recording interrogations, preserving DNA and other evidence even after convictions, crime lab oversight, criminal justice reform commissions, and perhaps most importantly, exoneree compensation. If we demand justice for both the victims and the accused, none of these reforms should be too much to ask.

Recommended Reading: 200 Exonerated: Too Many Wrongfully Convicted [pdf]

Get Fresh On An Airplane, Go Directly To Jail

Another one for the “WTF Files”…

Affectionate passenger gets federal rap

A California man who prosecutors said got a little too friendly with his girlfriend during a flight was convicted Thursday of interfering with flight attendants and crew members.

Carl William Persing and his girlfriend were seen “embracing, kissing and acting in a manner that made other passengers uncomfortable” during the September flight from Los Angeles to Raleigh, according to a criminal complaint.

Persing twice threatened a flight attendant who told the couple to stop and refused to serve them alcohol, prosecutors said. The FBI met the couple when the plane landed in Raleigh.

Persing, 41, will probably serve jail time for the federal felony conviction, Assistant U.S. Attorney John Bowler said. He was convicted after a three-day trial in U.S. District Court in Wilmington. It seems like a very serious charge considering the nature of the crime committed, but at least there is now help available for convicts when it comes to getting their lives back on track after a jail sentence, such as RJFF Jobs which help them to find employment.

Defense attorney Deb Newton said her client will appeal.

“He’s devastated,” Newton said, adding that he was defending his right to be left alone.

Charges against girlfriend Dawn Elizabeth Sewell, who was accused of assisting Persing, were dropped this week.

Did you hear that? Federal felony. Let me repeat. FEDERAL FELONY CHARGES for getting too fresh with his girlfriend on an airplane. While he might be in some trouble for threatening the flight attendant, we’re talking about a felony here.

The guy was probably a little drunk, and frankly probably a bit obnoxious. But now he’s going to federal prison. Does that seem like a little bit of overkill?

And as I’m often known to remark… This guy is going to federal prison and his life is probably ruined. Do you feel safer?

Bush Pulls Out Veto Pen When Dems Control Congress

Bush Administration intends to veto hate crimes bill:

The Administration favors strong criminal penalties for violent crime, including crime based on personal characteristics, such as race, color, religion, or national origin. However, the Administration believes that H.R. 1592 is unnecessary and constitutionally questionable. If H.R. 1592 were presented to the President, his senior advisors would recommend that he veto the bill.

State and local criminal laws already provide criminal penalties for the violence addressed by the new Federal crime defined in section 7 of H.R. 1592, and many of these laws carry stricter penalties (including mandatory minimums and the death penalty) than the proposed language in H.R. 1592. State and local law enforcement agencies and courts have the capability to enforce those penalties and are doing so effectively. There has been no persuasive demonstration of any need to federalize such a potentially large range of violent crime enforcement, and doing so is inconsistent with the proper allocation of criminal enforcement responsibilities between the different levels of government. In addition, almost every State in the country can actively prosecute hate crimes under the State’s own hate crimes law.

H.R. 1592 prohibits willfully causing or attempting to cause bodily injury to any person based upon the victim’s race, color, religion, or national origin, gender, sexual orientation, gender identity, or disability. The Administration notes that the bill would leave other classes (such as the elderly, members of the military, police officers, and victims of prior crimes) without similar special status. The Administration believes that all violent crimes are unacceptable, regardless of the victims, and should be punished firmly.

Moreover, the bill’s proposed section 249(a)(1) of title 18 of the U.S. Code raises constitutional concerns. Federalization of criminal law concerning the violence prohibited by the bill would be constitutional only if done in the implementation of a power granted to the Federal government, such as the power to protect Federal personnel, to regulate interstate commerce, or to enforce equal protection of the laws. Section 249(a)(1) is not by its terms limited to the exercise of such a power, and it is not at all clear that sufficient factual or legal grounds exist to uphold this provision of H.R. 1592.

I’m not going to accuse Bush of doing this for political reasons, because his record on hate crimes legislation is clear all the way back to his days as Governor of Texas. I do take issue with this statement’s description of the bill’s Constitutionality, as he hasn’t exactly followed other provisions of that document (i.e. where is No Child Left Behind a power granted to the Feds?). Seems pretty convenient to invoke it now.

But what really strikes me is the thought that if this was being driven by a Republican congress, Bush wouldn’t hesitate to sign it. He signed and championed NCLB. He signed McCain-Feingold, even though he believed it was unconstitutional. He even threatened to veto the Transportation bill if it reached above a certain cost, and signed it anyway when it blew straight through that cost. I have to think if it were his own party asking for this, he’d stamp it and send it right through.

Not that I’m complaining, of course. The best thing that George W. Bush can do is try to veto every bit of pork-filled bad legislation the Democrats throw at him. He should have been vetoing every bit of pork-filled bad legislation the Republicans threw at him for six years. I won’t complain if he starts now, but for him to act as if it’s a constitutional matter doesn’t fool me.

Hat Tip: Cato @ Liberty

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