Saturday, July 23, 2005
POLICE POWER: LICENSE WITHOUT LlMIT?
Those who would sacrifice the rights of liberty for the sake of security deserve neither.
The end justifies the means.
If one has done no wrong or has nothing to hide, then one has nothing to fear.
Whether an action succeeds in its purpose or not, if it is done with a "good will" it is morally acceptable.
Who is not guilty:
An action is not truly moral unless it is done in the belief and because of the belief that it is right, i.e.; out of respect for a moral law. It is not sufficient that it accord with a law but arise from some subjective, private, and variable inclination, no matter how "well disposed" the person's temperament may be.
Samuel Johnson, as Boswell writes, I can lay but little stress upon that instinctive, that constitutional, goodness that is not founded upon principle. I grant you that such a man may be a very good member of society. I can conceive him placed in such a situation that he is not much tempted to deviate from what is right; and so, as goodness is most eligible when there is not some strong enticement to transgress its precepts, I can conceive him doing no harm. But if such a man stood in need of money, I should not like to trust him.
Shoot first and inquire afterwards, and if you make mistakes, I will protect you. Hermann Goering, Instruction for the Prussian police (1933)
Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue. Barry Goldwater Acceptance speech, Republican presidential nomination July 16, 1964.
Extreme law is often extreme injustice. Terence [Publius Terentius Afer] Heauton Timoroumenos (The self - tormentor),l. 77
c. 190 - 159 B.C.E.
Statement:
Police should be allowed to use whatever methods they wish in combating and controlling crime, as long as those methods do not infringe on the rights of innocents citizens.
Argument:
It is lawful social policy that police should be allowed to use whatever methods they wish in combating and controlling crime, as long as those methods do not infringe on the rights of innocents citizens.
Definitions:
Police: The function of that branch of the administrative machinery of government which is charged with the preservation of public order and tranquillity, the promotion of the public health, safety, and morals, and the prevention, detection, and punishment of crimes. State v. Hine, 59 Conn. 50, 21 A. 1024, 10 L.R.A. 83. The term "police" has also been divided into "administrative police", which has for its object to maintain constantly public order in every part of the general adminstration, and "judiciary police" which is intended principlally to prevent crimes by punishing the criminals. Its object is to punish crimes which the administrative police has not been able to prevent. Green v. City of Bennettsville, 197 S.C. 313, 15 S. E. 2d 334, 337.
Crime: A positive or negative act in violation of penal law; an offense against the State. Wilkens v. U.S., C.C.A.Pa., 96 F. 837, 37 C.C.A. 558. A crime or misdemeanor shall consist in a violation of a public law, in the commission of which there shall be a union or joint operation of act and intention, or criminal negligence. Code Ga. 1882 para. 4292, Pen.Code 1910, para. 31. "Crime" and "misdemeanor", properly speaking are synonymous terms; though in common usage "crime" is made to denote such offenses as are of a deeper and more atrocious dye. People v. Schiaffino, 73 Cal.App. 357, 238 P. 725.
Rights: As a noun, and taken in an abstract sense, it answers to one meaning of the Latin "jus", and serves to indicate law in the abstract, considered as the foundation of all rights, or the complex of underlying moral principles which impart the character of justice to all positive law, or give it an ethical content.
As a nown, and taken in a concrete sense, a power, privelege, faculty, or demand , ingerent in one person and incident upon another. The primal rights pertaining to men are undoubtedly enjoyed by human beings purely as such, being grounded in personality, and existing antecedently to their recognition by positive law...giving to the term a juristic content, a "right" is well defined as "a capacity residing in one man of controlling, with the assent and assistance of the state, the actions of others." Black, Henry Cambell, M.A. Black's Law Dictionary, revised fourth edition. The publisher's editorial staff, edit.; West Publishing Co., St. Paul, Minn. 1968. p.1486.
Innocent: Free from guilt. Black, op. cit., p. 927.
Guilt: That disposition to violate the law which has manifested itself by some act already done. Black, op. cit., p. 836.
Authority: Power of agent to affect legal relations of principal by acts done in accordance with principal's manifestations of consent to agent. In re Fitzpatrick's Estate, Sur., 17 N.Y.S.2d 280,288. The power delegated by a principal to his agent. Clark v. Griffin, 95 N.J.Law, 508, 113 A. 234, 235.
Entrapment: The act of officers or agents of the government in inducing a person to commit a crime not contemplated by him, for the purpose of instituting a criminal prosecution against him. Falden v. Commonwealth, 167 Va. 549, 189 S.E. 329, 332. But the mere act of an officer in furnishing the accused an opportunity to commit the crime, where the criminal intent was already present in the accused's mind, is not ordinarily entrapment. State v. Cowling, 161 Wash. 519, 297 P. 172, 174.
Miranda Rule. A requirement that prior to any custodial interrogation initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his freedom in any significant way, the person must be told a four part advisement of rights and consequences. Unless and until these warnings or a waiver of these rights are demonstrated at the trial, no evidence obtained in the interrogation may be used against the accused. Miranda v. Arizona, 384 U.S. 436, 444, 478, 479, 86 S.Ct. 1602, 1612, 1630, 16 L.Ed.2d 294.
Latterman, Petrus, Short Act. W.I.C. 5150.
legal: contemplates the form of law. Implies that it is done or performed in accordance with the forms and usages of law, or in a technical manner. Black. op. cit., p. 1032.
lawful: contemplates the substance of law. Implies that an act is authorized, sanctioned, or at any rate not forbidden, by law. Ibid.
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
Historical Review of Pennsylvania [1759]. p 348:2
I believe ther are more instances of the abridgement of the freedom of the peoole by gradual and silent encroachments of those in power than by violent and sudden usurpations. Speech in the Virginia Convention [June 16, 1788] James Madison. p 398:4
..freedom of person under the protection of the habeas corpus, and
trial by juries impartially selected. These principles form the bright constellation which has hone before us, and guided our steps through an age of revolution and reformation. The wesdom of our sages and the blood of our heeroes have been devoted to their attainment...should we wander from them in moments of error or alarm, let us hasten to retrace our steps and to regain the road which aloneleads to peace, liberty, and safety. Thomas Jefferson, First inaugural address [March 4, 1801] p 389:2
For my part I think it a less evil that some criminals should escape than that the government should play an ignoble part....If the existing code does not permit district attorneys to have a hand in suych dirty business [wiretapping], it does not permit the judge to allow such iniquities to succeed.
Justice Oliver Wendell Holmes, Jr. Olmstead v. United States, 277
U.S. 438, 470 [1928]
If a nation values anything more than freedom, it will lose its freedom; and the irony of it is that if it is comfort or money that it values more, it will lose that too.
Strictly Personal [1941], ch. 31 William Somerset Maugham p 751:20
I recognize without hesitation that judges do and must legislate, but they can do so only interstitially; they are confined from molar to molecular motions.
Holmes, Southern Pacific Co. v. Jensen, 244 U.S. 205, 221 [1917] p 644:20
He that owneth his words and actions, is the author
Of persons artificial, some have their words and actions owned by those whom they represent.
They whose words and actions are owned by those whom they represent are actors.
The right of doing any action, is called Authority.
An action done by authority, is a right of doing, done by license from him whose right it is.
Actors are permitted the right of doing any action to the full extent of their authority and no more.
If authorized, actors may delegate some or all of their authority to subordinate actors, here called agents. Hobbes p125 [1651]
In the United States:
Authors:"We the people of the United States...."
"a government by the people, of the people, and for the people...."
Actors: The Legislative Branch of Government
The Judicial Branch of Government
The Executive Branch of Government and their agents, the police.
The Covenant: The Constitutions: Federal, State, and Municipal;
legislation: Federal, State, and Municipal
policies: regulatory agencies
Custom and precedent.
The Covenant vests in the Legislative Branch only the authority to make laws.
The Covenant vests in the Judicial Branch only the authority to interpret laws, judge guilt and determine penalties under the law.
The Executive Branch is not the Legislative Branch nor the Judicial Branch.
Therefore:
The Executive Branch is not authorized by the Covenant to interpret laws, judge guilt and determine penalties under the law.
The Executive Branch is not authorized by the Covenant to make laws.
The Police are agents of the Executive Branch of Government.
Therefore:
The Police are not authorized to either interpret laws, nor judge guilt nor determine penalties under law.
Neither are the Police authorized by the Covenant to make laws.
All actions which men covenant must conform to the Laws of Nature among which are:
A social policy which states "Police...citizens", grants the rights of authorship of actions to the police. That granting of authorship is intrinsic to the meaning of "whatever they wish".
A social policy which violates the social covenant is unlawful.
Therefore:
A social policy which grants the right of authorship of actions to the police is unlawful.
The end justifies the means.
If one has done no wrong or has nothing to hide, then one has nothing to fear.
Whether an action succeeds in its purpose or not, if it is done with a "good will" it is morally acceptable.
Who is not guilty:
An action is not truly moral unless it is done in the belief and because of the belief that it is right, i.e.; out of respect for a moral law. It is not sufficient that it accord with a law but arise from some subjective, private, and variable inclination, no matter how "well disposed" the person's temperament may be.
Samuel Johnson, as Boswell writes, I can lay but little stress upon that instinctive, that constitutional, goodness that is not founded upon principle. I grant you that such a man may be a very good member of society. I can conceive him placed in such a situation that he is not much tempted to deviate from what is right; and so, as goodness is most eligible when there is not some strong enticement to transgress its precepts, I can conceive him doing no harm. But if such a man stood in need of money, I should not like to trust him.
Shoot first and inquire afterwards, and if you make mistakes, I will protect you. Hermann Goering, Instruction for the Prussian police (1933)
Extremism in the defense of liberty is no vice. And moderation in the pursuit of justice is no virtue. Barry Goldwater Acceptance speech, Republican presidential nomination July 16, 1964.
Extreme law is often extreme injustice. Terence [Publius Terentius Afer] Heauton Timoroumenos (The self - tormentor),l. 77
c. 190 - 159 B.C.E.
Statement:
Police should be allowed to use whatever methods they wish in combating and controlling crime, as long as those methods do not infringe on the rights of innocents citizens.
Argument:
It is lawful social policy that police should be allowed to use whatever methods they wish in combating and controlling crime, as long as those methods do not infringe on the rights of innocents citizens.
Definitions:
Police: The function of that branch of the administrative machinery of government which is charged with the preservation of public order and tranquillity, the promotion of the public health, safety, and morals, and the prevention, detection, and punishment of crimes. State v. Hine, 59 Conn. 50, 21 A. 1024, 10 L.R.A. 83. The term "police" has also been divided into "administrative police", which has for its object to maintain constantly public order in every part of the general adminstration, and "judiciary police" which is intended principlally to prevent crimes by punishing the criminals. Its object is to punish crimes which the administrative police has not been able to prevent. Green v. City of Bennettsville, 197 S.C. 313, 15 S. E. 2d 334, 337.
Crime: A positive or negative act in violation of penal law; an offense against the State. Wilkens v. U.S., C.C.A.Pa., 96 F. 837, 37 C.C.A. 558. A crime or misdemeanor shall consist in a violation of a public law, in the commission of which there shall be a union or joint operation of act and intention, or criminal negligence. Code Ga. 1882 para. 4292, Pen.Code 1910, para. 31. "Crime" and "misdemeanor", properly speaking are synonymous terms; though in common usage "crime" is made to denote such offenses as are of a deeper and more atrocious dye. People v. Schiaffino, 73 Cal.App. 357, 238 P. 725.
Rights: As a noun, and taken in an abstract sense, it answers to one meaning of the Latin "jus", and serves to indicate law in the abstract, considered as the foundation of all rights, or the complex of underlying moral principles which impart the character of justice to all positive law, or give it an ethical content.
As a nown, and taken in a concrete sense, a power, privelege, faculty, or demand , ingerent in one person and incident upon another. The primal rights pertaining to men are undoubtedly enjoyed by human beings purely as such, being grounded in personality, and existing antecedently to their recognition by positive law...giving to the term a juristic content, a "right" is well defined as "a capacity residing in one man of controlling, with the assent and assistance of the state, the actions of others." Black, Henry Cambell, M.A. Black's Law Dictionary, revised fourth edition. The publisher's editorial staff, edit.; West Publishing Co., St. Paul, Minn. 1968. p.1486.
Innocent: Free from guilt. Black, op. cit., p. 927.
Guilt: That disposition to violate the law which has manifested itself by some act already done. Black, op. cit., p. 836.
Authority: Power of agent to affect legal relations of principal by acts done in accordance with principal's manifestations of consent to agent. In re Fitzpatrick's Estate, Sur., 17 N.Y.S.2d 280,288. The power delegated by a principal to his agent. Clark v. Griffin, 95 N.J.Law, 508, 113 A. 234, 235.
Entrapment: The act of officers or agents of the government in inducing a person to commit a crime not contemplated by him, for the purpose of instituting a criminal prosecution against him. Falden v. Commonwealth, 167 Va. 549, 189 S.E. 329, 332. But the mere act of an officer in furnishing the accused an opportunity to commit the crime, where the criminal intent was already present in the accused's mind, is not ordinarily entrapment. State v. Cowling, 161 Wash. 519, 297 P. 172, 174.
Miranda Rule. A requirement that prior to any custodial interrogation initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his freedom in any significant way, the person must be told a four part advisement of rights and consequences. Unless and until these warnings or a waiver of these rights are demonstrated at the trial, no evidence obtained in the interrogation may be used against the accused. Miranda v. Arizona, 384 U.S. 436, 444, 478, 479, 86 S.Ct. 1602, 1612, 1630, 16 L.Ed.2d 294.
Latterman, Petrus, Short Act. W.I.C. 5150.
legal: contemplates the form of law. Implies that it is done or performed in accordance with the forms and usages of law, or in a technical manner. Black. op. cit., p. 1032.
lawful: contemplates the substance of law. Implies that an act is authorized, sanctioned, or at any rate not forbidden, by law. Ibid.
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
Historical Review of Pennsylvania [1759]. p 348:2
I believe ther are more instances of the abridgement of the freedom of the peoole by gradual and silent encroachments of those in power than by violent and sudden usurpations. Speech in the Virginia Convention [June 16, 1788] James Madison. p 398:4
..freedom of person under the protection of the habeas corpus, and
trial by juries impartially selected. These principles form the bright constellation which has hone before us, and guided our steps through an age of revolution and reformation. The wesdom of our sages and the blood of our heeroes have been devoted to their attainment...should we wander from them in moments of error or alarm, let us hasten to retrace our steps and to regain the road which aloneleads to peace, liberty, and safety. Thomas Jefferson, First inaugural address [March 4, 1801] p 389:2
For my part I think it a less evil that some criminals should escape than that the government should play an ignoble part....If the existing code does not permit district attorneys to have a hand in suych dirty business [wiretapping], it does not permit the judge to allow such iniquities to succeed.
Justice Oliver Wendell Holmes, Jr. Olmstead v. United States, 277
U.S. 438, 470 [1928]
If a nation values anything more than freedom, it will lose its freedom; and the irony of it is that if it is comfort or money that it values more, it will lose that too.
Strictly Personal [1941], ch. 31 William Somerset Maugham p 751:20
I recognize without hesitation that judges do and must legislate, but they can do so only interstitially; they are confined from molar to molecular motions.
Holmes, Southern Pacific Co. v. Jensen, 244 U.S. 205, 221 [1917] p 644:20
He that owneth his words and actions, is the author
Of persons artificial, some have their words and actions owned by those whom they represent.
They whose words and actions are owned by those whom they represent are actors.
The right of doing any action, is called Authority.
An action done by authority, is a right of doing, done by license from him whose right it is.
Actors are permitted the right of doing any action to the full extent of their authority and no more.
If authorized, actors may delegate some or all of their authority to subordinate actors, here called agents. Hobbes p125 [1651]
In the United States:
Authors:"We the people of the United States...."
"a government by the people, of the people, and for the people...."
Actors: The Legislative Branch of Government
The Judicial Branch of Government
The Executive Branch of Government and their agents, the police.
The Covenant: The Constitutions: Federal, State, and Municipal;
legislation: Federal, State, and Municipal
policies: regulatory agencies
Custom and precedent.
The Covenant vests in the Legislative Branch only the authority to make laws.
The Covenant vests in the Judicial Branch only the authority to interpret laws, judge guilt and determine penalties under the law.
The Executive Branch is not the Legislative Branch nor the Judicial Branch.
Therefore:
The Executive Branch is not authorized by the Covenant to interpret laws, judge guilt and determine penalties under the law.
The Executive Branch is not authorized by the Covenant to make laws.
The Police are agents of the Executive Branch of Government.
Therefore:
The Police are not authorized to either interpret laws, nor judge guilt nor determine penalties under law.
Neither are the Police authorized by the Covenant to make laws.
All actions which men covenant must conform to the Laws of Nature among which are:
A social policy which states "Police...citizens", grants the rights of authorship of actions to the police. That granting of authorship is intrinsic to the meaning of "whatever they wish".
A social policy which violates the social covenant is unlawful.
Therefore:
A social policy which grants the right of authorship of actions to the police is unlawful.
# posted by Victor Shanti @ 5:16 PM 
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