For John, BLUF: There are too many laws and too many people making them.
Political strategist Derek Khanna, writing about issues of government and technology for The Atlantic, gives us "The Most Ridiculous Law of 2013 (So Far): It Is Now a Crime to Unlock Your Smartphone".
In some situations, first time offenders may be fined up to $500,000, imprisoned for five years, or both.And a law, not from Congress, but from The Library of Congress, through delegated authority. Promulgated this month, with eleven more to go this year.
The size of the penalty is so US Attorney Carmen Ortiz, down in Boston, can bully the accused into accepting a plea bargin, rather than having to face a trial, where the judge can say no (see the Caswell Motel forfeiture case) or the jury can bring common sense to the courtroom.
Copyright law is out of control and is a prime example of the adverse effects of corporations and trade associations having undue influence on Congress members.
Hat tip to the InstaPundit.
Regards — Cliff
1 comment:
Prosecutors prosecute. That is the entire purpose and substance of their lives. It infuses their entire personality and transcends every aspect of their life. Everyone they meet is "prosecutable" and the only determinate is the judgement of whether a case brought can be won.....of course by a range of means...some not exactly on the up and up. Carmen Ortiz has mastered that aspect of prosecutorial life.
The courts are so hopelessly clogged today that "justice" is being "meted out" via the plea bargain or "settlement" route. In my recent experience, the defendant and attorney and insurance company never actually planned to go to trial. Instead, it is this perverse kabuki dance that follows its own rules to the end. In my case, the settlement after years and the death of 100 trees was only slightly less than that which could have been statutorily awarded by the court.
My experience provided job security for a number of faceless players in this legal melodrama that takes place a gazillion times each day.
Justice????? Occasionally and however disproportionate or misguided. Compliance with inane law??? You bet!!! And THAT folks is all that it is about. Law is not primarily fair or just.
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