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When I read shit like this, it truly makes me fear for the path our country has taken

I think it's worth acknowledging the primary functions of the law as it's used by prosecutors in DC: the gun ban is both a preventive detention statute and an intelligence-gathering tool. At one time when I was a prosecutor, we were prohibited from extending a plea offer in gun cases unless the defendant agreed to come into the office (with his attorney, of course) and be "debriefed" about his knowledge of criminal activity in the city. The statute was also a mechanism for locking up individuals perceived as violent, but against whom other cases could not be brought for whatever reason. It's pretty simple to prove beyond a reasonable doubt that an individual was in possession of a gun without a license and a lot tougher to prove that he committed a violent crime. These functions may not be relevant to the question whether the statute is constitutional, but it's worth acknowledging that invalidating the gun ban will surely have a tremendous impact on crime-fighting in the District.

Got that? Here's a former prosecutor who (a) doesn't care if it's constitutional or not (b) knows that the gun ban does nothing to decrease gun crime but makes a nifty tool to imprison people for (c) HAVING A PERCEPTION OF BEING VIOLENT.

And no shit it will have an impact on crime fighting. When it's a crime for a person to be simply "perceived as violent" or a crime for a person to protect themselves, then there's a lot more criminals to help prosecutors justify their salaries. That's one of my major beefs with Government - I want the government to catch and prosecute criminals. What I fear is that Uncle Sam keeps broadening the definition of criminal to make it impossible to not be one.

And here's something else, I don't give a leaping f*&% if it makes crime fighting harder because otherwise, we make tyranny easier and the chances of crime affecting me are less than that of an oppressive government.

rolled out on Thursday, October 25, 2007 2:11 PM
Comments
 re: Who needs rights anyway? - PN NJ

Rolled Out On: 10/26/2007 10:06 AM

Nice find.

If you go to the Prawfs link she mentions, you can also find amicus curiae briefs filed by NY/Hawaii/Illinois/Maryland, the American Academy of Pediatrics, and the American Civil Rights Union (ACRU, not ACLU).

http://prawfsblawg.blogs.com/prawfsblawg/2007/10/what-happened-1.html#more

 re: Who needs rights anyway? - Hartley

Rolled Out On: 10/26/2007 4:34 PM

Indeed - a nice find - and I suspect that Jennifer may end up regretting her candor (arrogance?).

One more thing - the comments to her piece are models of the "right way" to comment on things like this - the author even felt incumbent on answering the first commenter, and further disclosed her arrogant disregard for the principles of American law. (no, I'm not one of the commenters..:-)

 re: Who needs rights anyway? - robert

Rolled Out On: 10/26/2007 7:32 PM


Prosecutors at the Fed, State and local level who give a fig about the Constitution and Bill of Rights are as rare as Sasquatch. There are freaking Nifongs in every office.

The famous Henry Wade, who ran the Dallas Prosecutors office, famously said that any prosecutor who hadn't sent a man to prison who he KNEW to be innocent simply wasn't worth his salt.

# re: Who needs rights anyway? - Ravenwood

Rolled Out On: 10/27/2007 2:19 PM

So to summarize, if possession of guns is no longer illegal, convictions for possessing guns will go down. Well duh.

Prosecutors prosecute. IMHO, they are just as slimy as defense lawyers, usually caring more about winning than about justice.

# re: Who needs rights anyway? - Joe Huffman

Rolled Out On: 10/27/2007 3:27 PM

Ayn Rand really nailed this one.

# re: Who needs rights anyway? - Robb Allen

Rolled Out On: 10/27/2007 7:52 PM

While I found Atlas Shrugged to be one of the most boring tomes I have ever tried to read, there were entire goldmines of wisdom in there.

Showing how the government can only steal (when Hank Reardon refuses to sell his steel to them), to Francisco d'Anconia's litany on money equaling personal worth. Beautiful, elegant, and everything I believe in.

To bad there was a lame story that broke up the otherwise great writings.

# re: Who needs rights anyway? - Sebastian

Rolled Out On: 10/29/2007 7:34 PM

I'm not sure Miss Collins is necessarily on the other side. She's certainly not a gun person, but probably open to logical persuasion, provided people don't make assumptions about what she believes, and then attacking her based on those assumptions, which I see happening over there.

Her assertion is that getting rid of DC's gun laws will impact the cities ability to fight crime. Point out the folly of DC's strategy. Point out that it's wrong. But leave the assumptions about Jennifer Collins at the door. Your job is to persuade her and her readers why that policy is wrong, not to attack them. If you do that, you might just take fence sitters and push them over to the other side.

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