• Home
  • Posts Tagged'constitution'
  • Page 2

Posts Tagged ‘constitution’

Is Self-Defense a Social Evil?

“Is Self-Defense a Social Evil?” by John F Hays, a Seattle Private Investigator

The issue

Is self-defense an anachronism and a social evil?

Do you believe you have a right to life, liberty and the pursuit of happiness as stated in the Declaration of Independence? Who is responsible for insuring that right? At the societal level, it’s the government aided by the community. At an individual and family level, it’s the individual, the family and community, aided or not by the government.

I’ve heard people claim that personal security is the job of the police and that self defense is an anachronism in our modern country, especially when the means of self defense is a gun. This claim is often made by otherwise intelligent people who are too frightened to see the truth and who are afraid to recognize their own responsibility. Recognizing and acting on this responsibility requires people to do the work to prepare to protect themselves and their families and it requires them to suppress their fear of getting their hands dirty. It’s odd that these same people are OK with hiring mercenaries to do their dirty work for them. Is this the self-righteous piety of the pseudo-pacifist? Is it fear? Is it cowardice? Is it self-delusion? Is it some combination of these factors or something else entirely.

The truth

The police are not responsible for your individual security. Rational/logical argument: it’s the math. Legal argument: it’s the law.

The math argument only requires that you determine two numbers, the number of police officers in your community and the population of your community. The ratio of the first number to the second gives you a small fraction, doesn’t it?

The legal argument is that the courts have ruled on a number of occasions that the police aren’t responsible for your personal security. Just read the following references.

A 2005 Supreme Court decision: http://nyti.ms/V9cUKG

An example: Warren v. District of Columbia Metropolitan Police Department, 444 A.2d 1 (D.C. App. 1981), the court stated: ” Courts have without exception concluded that when a municipality or other governmental entity undertakes to furnish police services, it assumes a duty only to the public at large and not to individual members of the community. . . .”

A good general discussion: http://bit.ly/V9dDvl

The question

It’s obvious that you have both the right and the responsibility for your own self defense and that of your family. WHAT ARE YOU GOING TO DO ABOUT IT?

 

Can the Drug War Be Nullified By Jury Nullification?

Can the Drug War Be Nullified By Jury Nullification? by John F Hays, a Seattle Private Investigator

The Drug War is a total failure. What started out and continues as a way to target minorities for discriminatory police attention has become one of the biggest domestic and foreign policy failures in our history. One set of beneficiaries of this domestic and foreign “war” are the police officers, the prosecutors and the judges who are paid drug-war-subsidized salaries. The only other beneficiaries are the cartels and gangs that were formed to take full advantage of this controlled, high value market. The gun-toting gangs and the shootings on our streets are the bloody pay-off we get along with the tax bill we pay to support this deadly boondoggle. We continue to pay for years for each conviction, resulting in the largest per-capita prison population on the planet. Don’t you just love getting so much value for your hard earned tax dollars?

When legislators pass bad criminal laws and police, prosecutors and judges continue the charade by enforcing the bad law via the criminal justice system, the public has few options to stop the ongoing tragedy.

The root of the problem is bad law; so going after the law makers is one route to take. But this is very slow and subject to the usual political BS. Washington and Colorado have recently passed laws legalizing limited pot sales, possession and use. The Feds will probably try to coerce the states to counter the voters’ will. We do not have to sit still for that.

There is a tool we have as citizens that is little known and seldom invoked that might break the back of the Drug War. It’s not a total solution; and it has some potential negative side-effects to consider. But it might speed up the process of converting the “war” into the medical/mental health issue it actually is.

[At this point I feel the need to state that I am not a lawyer and am not giving legal advice. I am a citizen and voter and have a right to speak out. The law belongs to the people, not the lawyers.]

What I propose is a minor rebellion. What if no court of law, federal, state or local, could get a jury to convict a person technically (under Federal law) guilty of limited drug sales, possession or use in the States of Washington and Colorado? What if this rebellion spread across all 50 States? See my earlier post on jury nullification and think about it.

Of course, the legislators who pass irrational, illogical, unenforceable laws and the police, prosecutors and judges who get paid to enforce these laws don’t want the public to be fully informed about such a subversive concept. So get informed and spread the word. If we can cripple the courts on these cases and, at the same time, pressure the law makers to eliminate the laws and funding underlying the war, we can have success in years, rather than generations.

What do you think?

 

 

The Death Penalty – Anachronistic State Sponsored Violence

The Death Penalty – Anachronistic State Sponsored Violence by: John F. Hays, a Seattle Private Investigator.

The death penalty is still on the books in 33 states plus Federal and U. S. Military cases. Former Whatcom County Superior Court Judge David Nichols says “In my 20 years on the bench, I came to recognize the death penalty as inherently unfair, arbitrary, costly and ineffective”.

The reasons for wrongful convictions are inherent in a flawed and inhumane legal system.

 

How many wrongfully convicted people do we have to read about in the news before we open our eyes to the immorality of capital punishment? How many wrongfully convicted people have already been executed or are now on death row? How can a nation claiming the high and mighty principles and morality we espouse be so complacent while the State kills innocent people in our names? A moral nation? Certainly not!

 

Prosecutorial Intimidation Subverts Criminal Justice System

Prosecutorial Intimidation Subverts Criminal Justice System by John F Hays, a Seattle Private Investigator.

An opinion piece in a recent New York Times SundayReview raises an issue that goes to the heart of the criminal justice system as it plays out in our current society. It asks where the justice is in a system that coerces most people accused of crime into accepting plea deals over jury trials.

According to the author, over 90% of criminal cases are never heard by juries. That means that over 90% of the accused cede their constitutional rights to trial by jury to accept plea deals. These plea deals are often portrayed by prosecutors as easy ways out of facing far more onerous outcomes if the accused insists on trial by jury. That means that the peoples’ power to determine the facts of all these cases and to decide the fate of the accused has been taken away by a system more interested in incarceration than justice.

I would also ask where the justice is in a system that replaces due process and the presumption of innocence with what amounts to backroom kangaroo courts run by prosecutors. Prosecutors represent the State. The power to determine guilt beyond a reasonable doubt belongs to the people.

The author also points out that the court system would collapse if everyone accused of crime insisted on jury trials. There wouldn’t be enough money and judges to handle the flood of trials that would result.

Maybe that’s what we need to open people’s eyes to a system of “justice” that fills prisons with minor offenders who could be better dealt with in community based programs.

The US has about 5% of the world’s population and almost 25% of the world’s prisoners. We also have a growing corporate prison industry that thrives on incarcerating as many people as possible and keeping them in lock up while they profit at the taxpayers expense.

This whole situation smells.

See my blog post about jury nullification, another way for the people to exercise their rights as citizen jurors to correct injustice.

 

 

 

 

The Gun Violence Fantasies of Seattle Mayor

The Gun Violence Fantasies of Seattle Mayor by John F Hays, a Seattle Private Investigator

Mayor McGinn persists in trying to stem gun violence by trying to create a Seattle Parks gun ban in spite of courts rejecting the idea as contrary to state law. The courts are correct; so the mayor and the city attorney will go to the state legislature to try to get them to give cities the right to make their own gun control laws. My prediction? It won’t happen.

“A park is no place for a gun,” says the mayor. This simple minded statement shows that either the mayor is incredibly ignorant regarding human behavior or extremely cynical in offering up feel-good but ineffective laws to please the gun control crowd. I’m sure that will get him some votes in the next election; but if he were to get what he wants, it would have absolutely no impact on gun violence in Seattle.

The problem with this effort and the sentiment behind it is the irrationality of expecting that thugs with guns are going to be deterred by unenforceable laws. Does the mayor have a budget for fencing and gating all the parks in Seattle and then setting up a TSA style “security” system at the gates to detect weapons?

The thugs with guns who actually pose a threat to people in parks and everywhere else in the city will continue to carry and act as predators. Those who have State concealed carry licenses will continue to carry. Stalemate!

Legally armed citizens aren’t the problem. The mayor needs to concentrate on dealing with criminals through the efforts of the community groups and social service agencies trying to get at the root causes that turn innocent children into armed thugs. He also needs to do more to support the police whose job it is to deal with the consequences of parents, communities and society-at-large failing to prevent children from choosing lives of violent crime.

 

Guns, Violence and Society – Addiction

Guns, Violence and Society – Addiction By: John F Hays, a Seattle Private Investigator

In spite of the best efforts of my history and civics instructors, I eventually found out that they lied and distorted many things about the history and government of my country of birth. They didn’t do this out of malice. They were doing no more than unconsciously engaging in the propaganda and indoctrination that they were subjected to in their own educations. It’s what the political classes do in every country. The victors not only get the spoils; they get to write or rewrite history, the revisionist history that glorifies the winners and ignores or justifies all the less than glorious truths behind their “victories”.

I’ve been around for more than 66 years and I’ve been paying attention for most of that time. I credit my political awakening to the Jesuits who ran my high school and the first university I attended. Though I am no longer a Catholic or a Christian, I greatly appreciate Jesuit involvement in my intellectual development, such as it is. They taught me two things that inform my way of thinking to this day. They taught me how to think, as opposed to what to think; and they taught me to question authority. These are dangerous traits, but are, in fact, essential to citizenship in a democracy. How can we learn and advance as a nation if we don’t know the truth about our past and the current machinations of those in power? How can we aspire to match the potential espoused in our high and mighty principles if we aren’t willing to look at our failures at living by those principles?

Our history starts with an invasion and the forceful taking of land belonging to indigenous peoples. By violent revolution, we broke away from an onerous overseas government. We continued our violent subjugation of the indigenous people, an effort that continues, in a somewhat less overt way, to this day. We fought wars to establish our northern and southern borders. We fought an internal war over the economic and human rights issue of slavery. We’ve had labor wars. We’ve had outbreaks of violence directed against voluntary and involuntary immigrants (Africans, Chinese, Japanese, Hispanics, Irish etc). We’ve experienced political assassinations and attempts at assassination. We’ve fought numerous foreign wars, some seemingly justified, some not. Violent crime, domestic violence, sexual violence, gang violence, road rage, highway carnage fueled by alcohol and drugs, the Drug War, the list goes on.

Modern culture is rife with violence and we wallow in it willingly. Movies, TV, music, games, sports, all glory in violence. Billions are spent producing and consuming violence. We honor and pay handsomely the actors, singers and athletes who feed our blood lust.

We are a product of violence…and we love it.

The debate continues over the effect of media depictions of violence on human behavior, especially that of our children. Now we are debating whether violent and hateful political speech can influence or cause violent behavior. We love to debate. We hate to actually engage collectively in defining problems that can be solved, finding real solutions and doing the hard work to attain them.

We are like alcoholics; and like alcoholics, we must admit to our addiction to violence before we can begin the journey to a cure. As a citizen, I have a stake in this situation. As a Seattle private investigator, working mostly in criminal defense, the stake I have has become more clear and tangible.

 

Guns, Violence and Society – The Issue

Guns, Violence and Society by John F. Hays, a Seattle Private Investigator.

For me, the Tucson shooting illustrates the topic of guns, violence and society better than any other incident in modern history. It has gotten me fired up to dive into this most contentious subject. I guess I’m a glutton for punishment. While the gun control issue was certain to arise again, as it does after every high-profile shooting incident, I find it particularly interesting how long it took for the anti-gun faction to get into gear. Of course that meant that it took correspondingly long for the pro-gun faction to react to their opponents. I suspect the pros were holding their collective breath wondering what the antis were up to while the antis were trying to prepare a response that wouldn’t disrespect the victims but would make some kind of sense in the aftermath of the recent Supreme Court findings on the Second Amendment.

District of Columbia, et al. v. Heller

McDonald, et al. v. City of Chicago, Illinois, et al.

Over the next several posts, I want to try to dissect the gun control issue in a way that supports a rational discussion by otherwise reasonable people who hold a range of opinions that exist along a spectrum from totally banning firearms to removing all government imposed controls. I will not define my position at this point because I don’t want to be dismissed by those readers who might react with strong emotions to my observations and analysis. Accept or reject my ideas as you will; but, give me the benefit of the doubt until you have heard me out.

Come along for the ride. I welcome disagreement; but think first; and then comment if you wish to contribute. Of course, I have the right to terminate the involvement of anyone whose comments are rude, uncivil, or obviously deranged.

 
  • Page 2 of 2
  • 1
  • 2
© 2012 HSI Investigations, A Seattle Private Investigator