348. Less is more, more, more
Courtesy of the always-worthwhile New York Supreme Court Criminal Term Library - I keep thinking there must be a clever pun in there somewhere; I mean, it's the name of a blog, isn't it? - here's an NPR story about privatizing the police:
Even locks, the most basic anti-burglary device, have undergone major changes since the 1970s.
"Good locks make all the difference," locksmith Rahm Bunnag says.
I have never understood why so many liberals, who are ideologically opposed to deregulation and privatization in other areas of life, are so comfortable with the idea that law enforcement should be an individual activity. Security is a tax on the honest, as Bruce Schneier says (see post 52), and the folks in Wintergreen Resort are paying it, with their locks and private police force.
The NPR story also mentions the "1 million private police and security guards at work in residential communities" - a mind-boggling number. That's a million people who have jobs because the government can't be counted on to perform its most basic function, which is to protect its citizens from harm.
Meanwhile, Justice Stevens recently wrote about how a state can "grant its citizens broader protection than the Federal Constitution requires". By "protection" he meant concealing reliable, relevant evidence from its juries, on the theory that when a state prevents itself from convicting a lawbreaker of breaking the law, the state is protecting its citizens from unconstitutional actions by police committed many months earlier - your basic space-time anomaly.
The fact that a state's citizens might feel the need to hire private police forces and make their homes into little castles in fact as well as in rhetoric is neither here nor there. The little dears might think they need protection from criminals, but the Supreme Court knows better: they need protection from the state's own courts, which might otherwise convict them.
Then again, the basic concept of "more protection under the state Constitution" is hardly new: Ludwig Mies van der Rohe expressed it in a three-word slogan many decades ago.
Tuesday, March 11, 2008 at 10:00PM in
Exclusionary rule,
Legal rhetoric,
Privatization of law enforcement

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