Tuesday, September 29, 2009

Don't Talk

The speaker in the video is Mr. James Duane, a professor at Regent Law School and a former defense attorney.

Yeah. Don't talk. The Mafia Code of Omerta. Silence. The Video explains why.

Here is Part 2 by a police officer in case you need more reasons.

Which brings up this book:

Three Felonies a Day: How the Feds Target the Innocent

Here is what one reviewer said:
This is a very thoughtful and vigorously argued book about the injustices that arise when prosecutors seek to expand the reach of federal criminal statutes beyond their proper field of application. The author has litigated many of the cases he discusses, and is able to translate the complexities of that experience intelligently and without condescension, but also without all of the unnecessary technical details that lawyers writing for a general audience sometimes get bogged down in. Harvey Silverglate is an institution in his own right: a tireless advocate for civil liberties, prolific writer, and astute student of the law, there are few people who have a stronger commitment to illuminating the practical workings of the criminal justice system and their relationship to broader currents in the law. This is a must-read for those interested in criminal law, civil liberties, and the recent history of the Department of Justice, by a writer who has the courage of his convictions and voices them powerfully and well.
Here is an interview with the author Harvey Silverglate.
BC: Then has the common law tradition been abandoned? Does innocence of intention matter anymore?

Harvey Silverglate: The common law tradition has been essentially abandoned in federal law. Indeed, for a very long time the Supreme Court has ruled that federal law is entirely the product of congressional statutes and administrative regulations, rather than of common law evolution. This presumably was -- in part -- an effort to assure clarity. The law was to mean what Congress wrote and intended, rather than follow the long-standing dictums of common law tradition and interpretation. In theory, this should have produced a body of law with more clarity than the typical state law code.

In practice, despite Morissette's admirable but ultimately failed effort to turn the situation around common law notions were abandoned in the federal criminal justice system and clarity suffered, not to mention the moral content and purpose of the law. Now, people who have done things that most normal folks would not consider a crime, can be sentenced to decades-long stays in federal prison. In truth, any criminal justice system that abandons clarity of obligation and proof of criminal intent has abandoned its moral purpose and hence its legitimacy. And, as my book shows, our federal system of criminal justice has long since lost its legitimacy.
How about that. There is much more.

Ayn Rand explains what it is all about in her novel Atlas Shrugged.
"Did you really think that we want those laws to be observed? We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against . . . We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted -- and you create a nation of law-breakers -- and then you cash in on guilt. Now that's the system, Mr. Rearden, and once you understand it, you'll be much easier to deal with."
The upshot of all this: Don't Talk to the Police. Ever.

And while you are at it you might want to talk to your Representatives about what has happened to justice in America. And don't even get me started about Testilying in drug cases.

House of Representatives
The Senate

Cross Posted at Classical Values

1 comment:

Pastorius said...

I think you might be interested in this post of mine. And, I think you might be able to add something that would help: