There’s no room for violence in our political discourse?

Democracy, Nanny Statism, Police Statism, The Left, The Right, Vulgar Politics, War
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There’s no room for violence in our political discourse? But politics is merely war by other means. Political discourse within the state inherently involves the threat of violence and is ultimately backed by it.

There’s no room for violence in our political discourse? Read Post »

A Drug War Mutiny

Anti-Statism, Drug Policy
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“Unjust laws exist: shall we be content to obey them, or shall we endeavor to amend them, and obey them until we have succeeded, or shall we transgress them at once?”

— Henry David Thoreau, “On the Duty of Civil Disobedience”

Of all the injustices perpetrated by the state, the war on drugs is one of the most outrageously evil.  Kidnapping and throwing people into cages for the non-crime of consuming disapproved substances, or for selling them to others, should be condemned by anyone with a sense of justice and morality.  It is the prime reason for using jury nullification: to acquit those accused by the state of violating an unjust law, regardless of the facts; to reject the law itself and the authority of the state to prosecute lawbreakers.

Typically nullification takes place during deliberation, when jurors simply refuse to convict, unconvinced by the prosecution’s case.  But it can be difficult to gain a seat on a jury if one’s intent is to nullify; prosecutors and judges are well aware of the growing nullification movement, and will take steps to screen out potential troublemakers.  Even though juries have a right to nullify, the state will do everything it can to empanel only those citizens who will remain “unbiased” — so long as they promise to convict the defendant if the facts warrant it.

But what if the entire jury pool refuses to hear a case?

A funny thing happened on the way to a trial in Missoula County District Court last week.

Jurors – well, potential jurors – staged a revolt.

They took the law into their own hands, as it were, and made it clear they weren’t about to convict anybody for having a couple of buds of marijuana. Never mind that the defendant in question also faced a felony charge of criminal distribution of dangerous drugs.

The tiny amount of marijuana police found while searching Touray Cornell’s home on April 23 became a huge issue for some members of the jury panel.

No, they said, one after the other. No way would they convict somebody for having a 16th of an ounce.

In fact, one juror wondered why the county was wasting time and money prosecuting the case at all, said a flummoxed Deputy Missoula County Attorney Andrew Paul.

District Judge Dusty Deschamps took a quick poll as to who might agree. Of the 27 potential jurors before him, maybe five raised their hands. A couple of others had already been excused because of their philosophical objections.

“I thought, ‘Geez, I don’t know if we can seat a jury,’ ” said Deschamps, who called a recess.

Note carefully how the county prosecutor characterizes the jury pool’s action:

“A mutiny,” said Paul.

What is a mutiny?  A rebellion against authority.  Paul, like any other faithful agent of the state, arrogates to himself power that rightly belongs to the people he supposedly serves, and is taken aback by any challenge to his authority.  Jury duty is an obligation, and if the facts demand it, then one’s duty is to convict, and justice be damned.

The residents of Missoula County, some of them anyway, think otherwise.  They recognize the sheer absurdity of prosecuting someone for possessing a tiny amount of a plant that has been cultivated and used by humans for thousands of years.  Would they have convicted the defendant of the more serious charge he faced, distribution of a “dangerous” drug, itself a risible claim, particularly as it applies to marijuana?  People seem to have trouble accepting the idea that if it’s all right for someone to possess a drug, it must be all right for someone else to sell it to him.

But I will take the small victories, and hope for more like them.

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Movie Preview: Sucker Punch

Legal System, Nanny Statism, Police Statism, Pop Culture, Private Crime
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Zack Snyder, director of 300 and Watchmen, has a new film project coming out in 2011 that may be of interest to genre-loving libertarians: the upcoming movie Sucker Punch. It may not have an overtly libertarian theme or plot, but it does appear to center around an issue that is relevant to libertarians, particularly women and libertarians interested in the time period in the US in which this film is set, the 1950s.

The premise and setting of Sucker Punch remind me of Angelina Jolie’s film Changeling, directed by Clint Eastwood, written by J. Michael Straczynski of Babylon 5 fame, and set in 1928. Both films depict periods in the United States in which it was all too easy to commit someone, particularly a woman, to a mental institution against her will. In Changeling, Jolie’s character is involuntarily committed to the local hospital’s psychopathic ward by a corrupt cop for political/job preservation reasons. In Sucker Punch, the main character, Baby-Doll (what’s with the name?), is involuntarily committed to a mental institution and scheduled for a barbaric lobotomy. I suppose we’ll have to wait to find out why and by whom she was committed.

So, in Sucker Punch, as in Changeling, it appears we will be presented with a story illustrating (wrongful) involuntary commitment, the unequal status of women in recent US history, a struggle for freedom and to maintain one’s sanity in an oppressive medical institution where the authorities insist you are insane. Unlike Changeling, which was a historical film, Sucker Punch will be an action fantasy.

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Mexico: The War Party’s New Target?

Drug Policy, Immigration, Imperialism, Police Statism, The Right, War
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For decades, some elements of the Right (occasionally abetted by people who should have known better) have peddled the notion that Mexico has created a vast and well-organized “fifth column” within the United States dedicated to La Reconquista — the re-conquest of territories seized by the U.S. during the Mexican-American War. In this scenario, non-assimilated Mexicans by the millions are stealthily enlisting in a campaign of subversion orchestrated by the Mexican government with the help of foundation-funded anti-American groups on this side of the border — and, when the time is right, this fifth column will erupt in an orgy of violence and mayhem.

Whatever revanchist sentiments may exist in Mexico are the residue of Washington’s seizure of roughly half the country through a war of aggression. Washington’s proxy narco-war, which has killed tens of thousands of people since 2006 and displaced hundreds of thousands more, has done nothing to palliate those feelings. An actual U.S. invasion might be the only thing that would turn the alarmist fantasy of a nationalistic uprising on the part of Mexicans living on the U.S. side of the border into something akin to a self-fulfilling prophecy.

Since 2007, when the Fed’s most recent economic bubble collapsed, immigration from Mexico has tapered off dramatically. In Arizona, immigration (both legal and illegal) and violent crime have both been in decline for a decade. Yet the state’s Republican leadership, and much of its law enforcement apparatus — from Maricopa County Sheriff Joe Arpaio, the corrupt septuagenarian headline whore, to Pinal County Sheriff  Paul Babeau, his younger and more telegenic understudy — insist that the state is under unremitting siege.  Governor Jan Brewer,  who claimed that the “majority” of illegal immigrants from Mexico are “mules” in the employ of drug cartels and that illegal immigrants had committed “beheadings” in Arizona, was headed for electoral oblivion following an unpopular tax increase — until she seized on the immigration issue, which propelled her to a dramatic political recovery.

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Down in smoke

Drug Policy, Taxation, Victimless Crimes
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My former colleague and neighbor Jesse Walker, in the course of an “appreciation” of exiting Sen. Russ Feingold — whom he calls “the Bob Barr of the left” — expresses the briefest note of sadness over the failure of California’s Proposition 19, the Regulate, Control and Tax Cannabis Act of 2010. I will demur.

Sadness? At a law that, had it passed, would have regulated and taxed the use of a common plant — a lovely weed and an amazing source of industrial fiber as well as widely used herbal remedy? No. All those regulations and taxes would only have skewed the cultivation and marketing of the plant from personal and small-business operations to Big Business. Right now Californians are increasingly cultivating and openly using marijuana. In defiance of the federal government, no less.

But with the initiative, the state would have started cracking down on little producers, and making it harder for small business to provide their customers with the drug. …

Down in smoke Read Post »

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