Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Friday, September 21, 2007

Heroes

I found out about four heroes yesterday.

Three of them were wounded in Iraq. One was hit by an IED, and lost one leg below the knee. Another was hit by shrapnel, receiving damage to his arm and torso, with one piece penetrating his liver. The third was blown from his position in his HMMWV’s gun turret when a car bomb went off next to it. He flew 50 feet through the air and came down, impaled on a fence post. He was, fortunately, not hit in the ensuing firefight that delayed his treatment.

None of those horrific incidents make them heroes – at least, no more than any other volunteer Soldier who is over there right now, bearing the same risks. They merely had the bad luck to be one of those for whom the risks became reality. No, their heroic acts came later – which is how I met them. All three have declined medical discharge or retirement, and are currently performing duties at a major Army command near Washington D.C. Their willingness to stay in uniform to accomplish necessary duties here frees up three other Soldiers to perform necessary duties elsewhere.

The fourth hero’s acts have little to do with combat. SPC Jeremy Hall is a Soldier. He is also an atheist. While in Iraq last Thanksgiving, he declined to join hands and pray when others around him formed a prayer circle to say grace. Challenged by the ranking NCO, he explained his beliefs, and was ordered to find somewhere else to sit. Bravely, SPC Hall refused the illegal order and stayed put.

Last month, SPC Hall asked for permission from his chaplain to hold a meeting for fellow atheists and other free-thinkers. The chaplain, realizing his duties towards ALL Soldiers, including atheists, granted his request. However, his supervisor, MAJ Paul Welborne, intruded on the meeting, disrupted the discussion, and verbally attacked the attendees. In particular, he threatened SPC Hall with criminal charges and a bar to reenlistment, simply because SPC Hall had organized a meeting that offended the Major’s religious beliefs.

SPC Hall, with the assistance of the Military Religious Freedom Foundation, has filed suit against MAJ Welborne, Secretary of Defense Robert Gates, and the Department of Defense. He isn’t asking for money – instead, he’s only asking for an injunction on those parties to prevent them from interfering with other’s religious beliefs. Or lack thereof.

I don’t know if his suit has any chance of success. I do know that, no matter what the outcome, he is likely to receive retribution in any number of ways, from any number of people. There will be Soldiers angry at him for challenging the military structure, and causing damaging news stories. They will be Soldiers angry at him for challenging their fundamentalist religious beliefs, and their intent to evangelize. There will most certainly be Soldiers angry with him for BOTH reasons, and sooner or later, some of them will be his immediate supervisor, or his first sergeant, or his commander. If he chooses to stay in, he’s likely to have a rough career. If he chooses to get out, any potential civilian employer who Googles his name will find it – and may illegally choose not to hire him for his beliefs. In fact, the threat may be both more severe, and more immediate. In a response to my e-mail of support, SPC Hall told me he has already received threats of violence.

With all these reasons to swallow his anger and his principles, he has instead chosen to stand up for them. In this, he has been true to his oath to protect and defend the Constitution, and amply demonstrated three of the Army Values: Selfless Service, Integrity, and Personal Courage. He won’t get a medal for it…but he’s a hero, nonetheless.

Monday, November 13, 2006

The Price of Stupidity

The city council in New Bedford, MA is pushing the state legislature to ban anything that looks like a gun unless it is made in bright colors and clearly a fake. Pellet guns, BB guns, toys, water pistols, gun-shaped lighters, replica guns – a red plastic tip on the end is no longer enough, the entire fake gun has to be brightly colored so the police know at a glance that it isn’t real.

This is the result of a fatal police shooting some time ago – a New Bedford police officer shot and killed a man who drew a pellet gun. Does anyone but me think that the city council is trying to solve the wrong problem?

A police officer is in a peculiar position. He may interact with dozens or hundreds of citizens every day – traffic stops, routine patrols, investigations of minor crimes – and never have to draw his pistol throughout his entire career. But any one of them, no matter how routine, could instantly turn into a life-and-death situation because he happened upon a hardened criminal, a psychotic, or an armed fool. Is it any wonder that they tend to develop a paranoid streak?

The public needs to keep that in mind. If I get pulled over, I try to get all my documents out before the officer comes up to the window. Once he’s there, I keep my hands visible, move slowly, and avoid grabbing anything that might be mistaken for a firearm. If I had to get out and be frisked, and I had anything in my pockets I thought might make him nervous, I’d say so – especially if it was shaped like a gun. And by the way, if I felt my rights were being violated, I’d still stay as polite and calm as I could manage – the time to complain is later, during the lawsuit, not right away, when a nervous armed man is ready to react to any hint of resistance.

The late idiot in New Bedford not only pulled out something shaped like a gun, it was in fact a weapon, capable of causing permanent damage or even death to the officer. Admittedly, that’s unlikely – you’d have to use a pellet gun at very short range and get a lucky hit in the eye or the temple to do any serious harm. He drew the weapon when threatened with arrest after being found in a crack house. I suspect the mandatory investigation on the officers came back with a verdict of “justified” – and it probably didn’t take very long.

Banning fake guns is not going to fix the problem. In the heat of the moment, almost anything can be mistaken for a gun or other weapon – a pipe, a pen, a pair of scissors. It won’t make the cops any less nervous when somebody hurriedly grabs something out of their pocket. And spotting bright colors won’t make much difference, either – how many criminals will paint their pistols bright orange or yellow to try to get the police to hesitate? And how many officers will get shot that way before the rest of the nation’s police start reacting to those bright colors as evidence of a REAL weapon instead of a fake? One, maybe two?

Let’s not write another law to fix the wrong problem. Instead, let’s allow all those fake guns – but stop sympathizing with idiots who pull them on police officers. Stupidity SHOULD be a capital crime – and pulling a water pistol or a lighter on a cop is stupid.

Wednesday, October 18, 2006

Home Sapiens Assinus

How many man-hours are wasted every year by that worst sub-species of Homo Sapiens, the Common Two-legged Jackass?

Consider the gas station. Have you ever had to go in and leave your license or something before getting a fill-up, then go back in to pay afterwards? That extra trip to get them to turn on the pump is because the station had too many “customers” drive off without paying. Only an extra 30 seconds or a minute – but multiply that by every customer, every time, day after day.

Consider the grocery store. The idiot who brings 23 items to the 15-items-or-less line. She’s actually saving the time of the one or two customers in the regular line…but costing that same amount of time to the four or five customers behind her in the express lane. Net change, two or three people times the extra five minutes or so for her full transaction.

Consider a traffic jam on the interstate. The jerk who pulls out into the offramp or onramp to get around a dozen stopped cars, then forces his way in front of them. Not much of a cost, a few seconds – times the dozen cars he passed. Times the four or five people who seem to do this EVERY time I’m caught in traffic at the Fort Belvoir exit off of I-95. Plus all the idiots who do the same thing when I’m not there to see it. Plus all the other exits in busy areas where the same thing occurs.

Maybe those examples are too insignificant for you. Consider safety seals. Not just the extra few seconds it takes to peel off the extra plastic seals on any over-the-counter medicine bottle, but also the extra time and resources it took to PUT that plastic there. You can calculate it based on the time it took to wrap it on the bottle, to make the plastic, to crack the petroleum, to drill for the oil – or you can calculate it based on the extra cost to the consumer, in terms of his hourly wage. It’ll probably work out about the same, and it IS significant. All from one very successful jackass, the 1982 Tylenol Killer, and a few copycats.

Consider locks. If we didn’t have people who can’t be trusted to leave our possessions alone, we wouldn’t need them. Calculate the extra time we all spend locking and unlocking our houses, cars, offices, etc. Add in the extra time and resources to make the locks, alarm systems, security cameras. Add in the time and resources of police who have to investigate burglaries. The time of the courts and the lawyers. The extra prison space and resources we need to hold the crooks. Even the time of the thieves, themselves – if they weren’t committing crimes and/or sitting in prison, they could theoretically be doing something useful.

Heinlein said that time is the total capital of our lives – you can spend it, waste it, lose it, or have it taken from you, but you can never get it back. Ayn Rand suggests that every product or service is beneficial based on how much time it saves the consumer through increased efficiency. If we had some way to prevent all that sort of wasteful behavior by jackasses, big and small – how much more could we accomplish?

Monday, March 6, 2006

And So It Begins…

South Dakota has passed a bill to criminalize abortion. The law makes no exceptions for rape or incest. It makes a limited exception for the health of the mother – only if the mother’s life is in danger. Note that is not to protect her health or her safety, but only to protect her life. Any doctor performing an illegal abortion is subject to up to five years in prison.

The enemies of a woman’s right to control her own body wasted no time in taking advantage of the changes in the Supreme Court. Governor Rounds notes that he fully expects this new law to be tied up in court for years. Since South Dakota already has a “trigger law” banning abortion that would take effect upon any reversal of Roe v. Wade, that court battle is the only possible point to the new law.

Of course, South Dakota is not the only state with a trigger law. According to the New York Times, Arkansas, Illinois, Kentucky, Missouri and Montana all have laws on their books set to activate if the Supreme Court changes its mind. Several other state legislatures are considering new laws to criminalize abortion.

This is, once again, the demands of religious believers that the rest of the population live by their rules. And regardless of your personal feelings about abortion, you should be aware that the demands will not stop there. A web search of several groups involved in the pro-life movement shows some of their other concerns. Some of the other things that they want to criminalize include contraception, sex education in schools, stem cell research, and assisted suicide. Some of the more extreme organizations throw in intents to stop homosexuality, gambling, women in the military, and non-Christian religions.

Much as I hate to say it, I believe the South Dakota law will be upheld. I believe that in the next ten years, a majority of the states will ban abortion. I believe that the incidence of unwanted children will increase, which will lead to an increase in the population, poverty, child abuse, child abandonment, and infanticide. The availability of illegal abortions will increase, with an increase in women’s deaths and permanent injuries. Many people are willing to accept all that. But when the Religious Right moves on to the next issue in an attempt to make the United States a fundamentalist Christian theocracy, remember that I told you so.

To support Planned Parenthood’s efforts to fight the South Dakota law, check their website: http://www.ppmns.org

Saturday, October 15, 2005

Legal Victims

It amazes me how many laws seem to be designed to hurt the victims. Let’s take a look at three examples.

Medically assisted suicide – Clearly the victim of a suicide is the person who wants to die. Most laws that specifically cover assisted suicide, though, provide punishment to those who assist, in an attempt to keep them from doing so. This takes away the last option from a terminally ill patient. A patient who has no chance for long-term survival and who is in constant pain is told that he must continue to suffer indefinitely. A person who can see his own mind slipping away day by day is told he must continue to the end, so his loved ones can experience the pain of his lack of recognition, so they can see him lose all that makes him a person. We don’t do such things to our pets – when they are beyond hope, when they can no longer live without pain, we end their lives. But we are not allowed to ask for such service for ourselves.

Prostitution – The only reasonable candidate I can find for a victim of prostitution is the prostitute herself. After all, most prostitutes give up all or most of their money to a pimp or madam. They are often the victims of violence from their customers, and cannot pursue legal remedies against them. They risk disease and unwanted pregnancy. Many of them are virtual slaves, kept in line through drug addiction, fear of deportation or abandonment in a foreign country, or simply the threat of violence, a threat that is often carried out. It seems to me, though, that all of these problems are the result of making the act illegal. If prostitution was legal, it could be licensed, inspected, controlled. The prostitute would keep the money she earned. They could receive medical care, and be legally protected from violence. There would be less financial benefit to enslaving women, so it would happen less. I don’t see prostitution becoming a respected profession anytime soon, but if it were legal, they would no longer have to be victims.

Illegal drug use – The victim here is the general public. Drug dealers have made inner-city streets into low-grade war zones. People die because they happened to be walking down the wrong street, or were standing near a window at the wrong time. People are robbed by addicts who need money to support their thousand-dollar-a-day habit – and sometimes killed by the addicted robber. As long as there is a demand for intoxicating drugs, though, there will be someone willing to supply them. Making it illegal makes it much riskier to provide that supply, but that merely causes the price to rise until someone is willing to take the risk. These days, the various criminal organizations have worked out ways to protect themselves – the only people really at risk of prosecution are the low-level distributors. Above that level, the criminals make incredible fortunes, with virtually no risk. I have heard it said, in fact, that these criminal groups provide financial support to candidates who promise to be “tough on drugs”; they keep the prices, and profits, high. If drugs become legal, then legitimate suppliers will enter the market. Production prices are comparatively low, and distribution networks are already in place – every corner drug store can be a supplier, or perhaps we could use liquor stores or tobacco shops. And the Mafia and other criminal groups instantly lose their greatest source of income, cutting back their ability to buy weapons, hire crooked lawyers, bribe police officers and judges, and even to pay their huge bands of low-level criminals. Obviously, there would be problems – but performing dangerous activities (like driving) while intoxicated is ALREADY illegal, so amending the laws to cover new intoxicants should not be difficult. Just as with alcohol, children should not be allowed to use drugs – but right now it is easier for a child to get marijuana than wine. Making marijuana legal allows us to use the same enforcement system already in place for alcohol. And so on…

There is, of course, one common thread among these laws. All of them are the result of translating religious restrictions into law. They were not enacted to protect the public from criminals; they were enacted to “protect” people from their own base urges – to protect people from themselves. As long as we keep legislating morality, we will continue to pay the price.