Sunday 15 January 2012

Tinpot toad law

Filed under: the law — Tags: , — Peter Monro @ 10:51 am

Mark Steyn shows that presumption of innocence is not all it could be in – the Matto Gross, Yemen, Chechnya ? – er no, New York.

In Lord Binhgam’s ‘Rule of Law’ with its eight conditions for the law to work, no 7 said “public officials should not abuse their power.”  But the city of glass canyons doesn’t need any of that stuff, it’s got – Bloomberg’s Law.

 

One of the most disturbing features of the US justice system is its ever more grotesque loss of proportion, at the federal level and in far too many states and municipalities. Take the case of Meredith Graves, the Tennessee nurse who, upon visiting the9/11 memorial in New York and seeing the signs forbidding firearms, asked the staff if she could check her pistol (lawful and licensed in her home state).

She was handcuffed, arrested, and now faces three and a half years in jail for firearms possession – for the crime of being unaware that the Second Amendment does not apply in New York City.

Asked about the case, New York’s thuggish mayor decided to add insult to injury:

“Let’s assume that she didn’t get arrested for carrying a gun. She probably would have gotten arrested for the cocaine that was in her pocket.”

There was no cocaine. The white stuff in her pocket was analyzed by Bloomberg’s cops and found to be, as the nurse had said it was, aspirin powder. So this loathsome slug of a man has slandered an ordinary American citizen on tape in front of the world. Why ? Because he can.

As Kevin Williamson wrote:

“You can be confident that Meredith Graves will be locked up, because it is far easier to lock up law-abiding types such as Meredith Graves than it is to police the criminals who actually do the murders and muggings. This isn’t a question of whether the government’s behavior is constitutional or unconstitutional, but of whether the government’s behavior constitutes government, of whether it makes any sense at all, and of whether government can establish elementary priorities and exercise elementary discretion.”

Anyone with any knowledge of New York City’s standard operating procedure could have guessed the answer to that. But we might have known that Bloomberg would effortlessly sink to new depths. It is outrageous that his enforcers are obtuse enough to seek jail time for Meredith Graves. But it is entirely unacceptable for the chief executive of a major American jurisdiction to slur innocent private citizens as coke snorters simply because he’s in power and they’re not. I hope Mrs Graves sues the pants off this tinpot toad.

 

 

 

Wednesday 11 January 2012

the Rule of Law

Filed under: the law — Tags: — Peter Monro @ 2:20 pm

Lord Bingham defied the spirit of the age by showing that in such a treacherous intellectual environment, the rule of law can provide coherence and certainty. Shortly before he died, he published his masterpiece; Peter Oborne explains why it matters so much in this land, today.

The Rule of Law is a short work – it was awarded the Orwell Book Prize this week, an inspired decision by the judges – which beautifully sets out the argument that the phrase that comprises its title is not an arid doctrine, but the foundation for a fair and just society.

The book argues that there are eight conditions for the rule of law to work:

1. the law should apply equally to all;

2. it should not be accessible only to the rich, meaning that disputes should be solved relatively cheaply;

3. it must be easy to understand;

4. it must protect fundamental human rights;

5. it must be speedily enforced;

6. the right to a fair trail is a cardinal requirement;

7. public officials should not abuse their powers;

8. and, finally, states should respect international law.

The past 15 years have seen the emergence in Britain of a new political elite. In its personal dealings it considers itself immune to the law of the land. Publicly, it is often contemptuous of the rule of law.

The emergence of this new elite has done terrible damage to the reputation of Britain as a decent, law-abiding and tolerant country. This damage would have been far greater but for the integrity and independence of the British judiciary. That is why, from a decade marked by its greedy bankers, venal politicians, compromised spymasters and failed generals, Lord Bingham will be remembered as the most admirable and virtuous figure of his time.

Oh reader, in many lands across the seas, how many of these 8 do you have ?  Here we have 2 – maybe.

 

Peter Monro - The Private English Tutor

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