[fa.poli-sci] Poli-Sci Digest V5 #42

JoSH@RED.RUTGERS.EDU (JoSH) (10/16/85)

Poli-Sci Digest		  Wed 16 Oct 85  	   Volume 5 Number 42

[This brings us up to date.]
Contents:	Police Privilege
----------------------------------------------------------------------

Date: 10 Oct 85 11:23:10 PDT (Thursday)
From: TTussing.es@Xerox.ARPA
Subject: Re: Police attack town

in response to RWhitney@HIS-PHOENIX-MULTICS.ARPA,Poli-Sci Digest V5 #39
>
>>   "--If an unarmed civilian, face-down on the street is shot in the
>>     head by a policeman, it was an accident (This has been the
finding
>>     in at least 3 cases in the last 3 years in California that I know
>>     of)."
>
>  I don't know about these incidents, but just mayby they were
accidents, or had
>  you forgotten to consider that?	
>

What if a *civilian* shot someone in the head by *accident*.  I think it
would be considered at least manslaughter.  I don't mean to get on your
case, I think (and hope very much) that police try to do the best job
they can.  But sometimes they do get a little out of hand.

As for complaints coming form simple ignorance.  Yes, I think your
right.  For example, I just graduated from Purdue.  Some friends of mine
were giving a party last fall.  There were three houses that were next
each other who were going to give the party.  They decided they would
basically have people stay outside, but keep the beer ect. on the porchs
and in the houses.   It ended up that there was approx 2000 people there
at ~11:00pm (according to the papers and the police).  The people who
were giving the party decided that it had gotten too big, so they let
the 3 kegs that had been open run out and didn't bring out anymore.  By
11:30 the beer was gone, by 12:00 the people were pretty much gone.  But
someone in the crowd decided to start rampage across campus, with a few
hundred other students.  Actually not too much happened;  a couple of
windows were broken and they played in the reflection pool ect.  All in
all it was only slightly worse then a typical friday nite (if it was
worse at all).  While all this was going on, the Lafayette police, West
Lafayette police, Tipp. County police, state police and whatever other
kind of police there is, were congregating about a block away from my
friends' house.  They sat there until about 2:00am and then they went to
the 3 houses and arrested everyone that was there, for distrubing the
peace.  The ironic thing is the people who were *distrubing the peace*
were sleeping at the time of the arrest.  It was all so stupid and the
people who were arrested seemed to be scapegoats.  The police felt
someone had to be arrested and they knew where these people were, so
they arrested them.  The police have not yet filed charges and the 24
people who were arrested are sueing the police for false arrest. 

					TT

------------------------------

Date: Thu, 10 Oct 85 12:02:43 cdt
Re: RAMBO versus the Pot-growers and police overstepping their bounds.

	It sure as hell can happen here.

	While not so dramatic, my recent experience is probably a better
warning. It's not often that you can catch a policeman in an outright
and disprovable lie.

	I don't know what got into this guy, except that maybe he had a traffic
ticket quota to fulfill. In any case I was driving down a newly opened one-way
street. This street is destined to be a feeder for a new freeway, but it was
opened early so that people in a couple of office buildings along the street
the freeway is replacing will remain accessible.

	At the end of the street, where you have to enter it to get to any of
these buildings, a 45 MPH speed limit sign is prominantly posted. So, I
generally drive 45 down it & think nice thoughts about streets with reasonable
speed limits. It's so rare to find one, after all.

	About 2 weeks ago a police car followed me into the parking lot of the
building where I work and parked directly behind me, presumably to block my
escape should I turn out to be desperate. He never flashed his lights or ran
his siren. He just got out of his car, made the usual production of flipping
open the flap on his gun, asked to see my license, and gave me a long lecture
on how that was a public road, and we couldn't speed down it like we used to.
I apologised and said that I thought I was only doing 45, and he informed me
that the speed limit on that street was 35, and he was just letting me off
because I probably wasn't aware that the road was open now.

	One of the other employees later made some comment about him not giving
me a ticket because he hadn't caught me on a public street, but rather in the
parking lot. He also said he was stopping everybody & some people had gotten
tickets.

	I went back & checked and, lo and behold, it was a 45 zone.

	I never did, nor do I ever intend to do, anything about it. Down here
it's well known that you never mess with the police. After all, it's his word
against yours and even if he does get into trouble all the cops in town will
have your number. What's even more incredible is that despite the fact that
everyone I've ever spoken to down here knows this, they still approve of the
Mayor appointing a heavy-duty "law-and-order" type police comissioner.

	Not much of a symptom, I'll agree. But a symptom none the less.

[JoSH: feel free to edit this to cut out the excess verbiage. And I for one
like your editorial comments. Down under in Australia, where I hail from,
liberal still implies "freedom" as opposed to "free lunch".]

------------------------------

Date: Thu 10 Oct 85 20:25:47-PDT
From: Lynn Gazis <SAPPHO@SRI-NIC.ARPA>
Subject: crime control, police, and self-reliance

John objects to the attitude that we should leave crime control
to the police, since they know best.  It seems to me that they DO
know best how to control crime.  They have been trained to deal
with potentially violent situations.  They know how to use the
weapons they carry.  They have lots of experience.  Are you suggesting
that we should try to fight off criminals ourselves rather than
calling the police?  If not, what do you mean by more self-reliance?
That we should be able to physically defend ourselves if the police
aren't nearby?  Or something else?  And what are your criteria for
deciding what is an optimal balance between self-reliance and
reliance on the police?

Lynn

------------------------------

Date: 12 Oct 85 12:57:00 EDT
From: Mike <ZALESKI@RED.RUTGERS.EDU>
Subject: Re: Police Raid Town

   From: sybalsky.pa@Xerox.ARPA
   "--If it's a police officer's word against mine, he wins"

   From: RWhitney@HIS-PHOENIX-MULTICS.ARPA
   This is not an automatic as you seem to think. Generally though I'll admit
   you're basically correct. The reason for this though is that the officer
   generally has nothing to gain if you're found innocent or guilty.

For traffic tickets (which you specifically mention), I was under the
impression that police departments use some sort of quote/performance
review/whatever you want to call it to make sure that all its officers
are writig the same number of tickets on the average.  Also, isn't it
the case that a "big collar" of some significant criminal activity will
have a positive effect on one's career as a police officer?

It seems to me that in both cases, the police officer might gain by
coloring his testimony.  (Admitedly in a "big collar" this might be
more difficult.)  Or have I just been watching Hill Street Blues and
Miami Vice too much?

   From: RWhitney@HIS-PHOENIX-MULTICS.ARPA
   Many police/community problems stem from a lack of understanding of why the
   police do what they do. If you knew what I know you might not be so quick to
   condemn the boys-in-blue/cammouflage.

Why not enlighten us?

The article which I read in Poli-Sci said there were no arrests, made no
mention of any firearms, and indicated that $50,000 worth of marijuana
(a rather small amount) was seized.  This doesn't sound like a very
impressive bust to me.  It seems as though the police decided to act
based on some very bad information about what to expect.  I'm sure
you'll agree that sending 35 to 50 man SWAT team into an unarmed town
is an invitation to disaster.

-- "The Model Citizen" Mike^Z
   Zaleski@Rutgers    [ allegra, ihnp4 ] phoenix!mzal

------------------------------

Date: 13 Oct 85 23:48:15 EDT
From: Mike <ZALESKI@RED.RUTGERS.EDU>
Subject: Know your laws/Priviledged classes

   From: sybalsky.pa@Xerox.ARPA
   "--We should leave crime control to the police--after all, they're
   the ones who know best."

   From:  RWhitney@HIS-PHOENIX-MULTICS.ARPA
   I agree with this. How well do you know the laws of your state?

In the September 1985 issue of The American Rifleman, page 74:
"A sutdy conducted at the St. Louis University School of Law found
that while police were successful in shooting or driving off criminals
68% of the time, private citizens were successful in 83% of their
encounters.  While 11% of the individuals involved in police shootings
were later found to be innocents misidentified as criminals, only 2%
of those in civilian shootings were so misidentified."

I don't need to know the law to know that someone who is kicking
down my door, or vandalizing my property, or is stealing something of
mine, or is hurting myself or someone close to me to know that the
person is a criminal and should be disposed of as such.

However, I see the police as only working for the real source of the
problem: Politicians.

I see a new wave of stupidy in politics these days.  On many social
issues, it seems to me that the conservatives take the attitude: "Ban
it because it's bad", liberals take the attitude: "Ban it to make the
world safer, to protect people from themselves."  On technolgical
issues, I see our government being lead by people who are totally
uneducated in engineering or design.  (How many nuclear engineers
are on the Nuclear Regulatory Commission?  How many people who have
been head of the National Highway Traffic Safety Administration
(NHTSA) have been engineers?  I'm not talking about people on staff
who write reports which are ignored, I'm talking about the actual
decision makers.)

Further, I see many articles in the paper of politicians introducing
unneeded, unrequested, and generally stupid legislation: Renaming
airports, banning radar detectors, setting up bizarre laws in the
telecommunications industry, etc.

Moreover, I see politicians in general as a suspicious group, since:
1. Truly talented engineers/managers can make much more money in
   private industry, and
2. If someone pursues a career in government because they "want to
   lead" then they are on a personal power trip and are dangerous.

I will, however, propose (at a high level) a two part solution to
this situation:
1. All decisions must come from legislation.  No more unelected
   bureaucrats handing down edicts for society.
2. Limiting all legislative sessions to two parts: First, a maximum
   six week period in which all new legislation is introduced and
   voted on, and second, a period of unspecified length to deal with
   issues specifically related to the budget.

Comments or flames, anyone?

-- "The Model Citizen" Mike^Z
   Zaleski@Rutgers   [ allegra, ihnp4 ] phoenix!mzal

------------------------------

Date: Tue 15 Oct 85 21:07:07-EDT
From: FIRTH@TL-20B.ARPA
Subject: sybalski's post

Please permit me to take issue with two comments in Mr Sybalsky's post;

(1) '[there are] laws making the possession of arms illegal'

Not in this country.  The right to bear arms is established
by the Second Amendment to the Constitution:

	"A well regulated Militia, being necessary to the
	 security of a free State, the right of the people
	 to keep and bear Arms, shall not be infringed"

Anything that pretends to abridge that right isn't a law;
it's some politician's flatulence:

	"This Constitution ... shall be the supreme
	 Law of the Land; and the Judges in every State
	 shall be bound thereby, any Thing in the
	 Constitution or Laws of any State to the
	 Contrary notwithstanding"

(2) 'making it illegal for you to use force in defending yourself
     in your home'

The right of self-defence is not merely a Constitutional right;
it is part of the natural law.  No human instrumentality can
repeal, amend, or override it.

	"The laws of man that are in direct contradiction
	 to the natural law bear an initial defect, that
	 no violent means, no outward display of power,
	 can remedy"

Would any jury convict?

Robert Firth

[ PS: Josh and others: whence came that last quotation? ]

[Sounds like something from the Theory of Moral Sentiments (Smith),
 or maybe from Hutcheson?   --JoSH]

------------------------------

End of POLI-SCI Digest
	- 30 -
-------

poli-sci@cca.UUCP (10/16/85)

From: JoSH <JoSH@RED.RUTGERS.EDU>

Poli-Sci Digest		  Wed 16 Oct 85  	   Volume 5 Number 42

[This brings us up to date.]
Contents:	Police Privilege
----------------------------------------------------------------------

Date: 10 Oct 85 11:23:10 PDT (Thursday)
From: TTussing.es@Xerox.ARPA
Subject: Re: Police attack town

in response to RWhitney@HIS-PHOENIX-MULTICS.ARPA,Poli-Sci Digest V5 #39
>
>>   "--If an unarmed civilian, face-down on the street is shot in the
>>     head by a policeman, it was an accident (This has been the
finding
>>     in at least 3 cases in the last 3 years in California that I know
>>     of)."
>
>  I don't know about these incidents, but just mayby they were
accidents, or had
>  you forgotten to consider that?	
>

What if a *civilian* shot someone in the head by *accident*.  I think it
would be considered at least manslaughter.  I don't mean to get on your
case, I think (and hope very much) that police try to do the best job
they can.  But sometimes they do get a little out of hand.

As for complaints coming form simple ignorance.  Yes, I think your
right.  For example, I just graduated from Purdue.  Some friends of mine
were giving a party last fall.  There were three houses that were next
each other who were going to give the party.  They decided they would
basically have people stay outside, but keep the beer ect. on the porchs
and in the houses.   It ended up that there was approx 2000 people there
at ~11:00pm (according to the papers and the police).  The people who
were giving the party decided that it had gotten too big, so they let
the 3 kegs that had been open run out and didn't bring out anymore.  By
11:30 the beer was gone, by 12:00 the people were pretty much gone.  But
someone in the crowd decided to start rampage across campus, with a few
hundred other students.  Actually not too much happened;  a couple of
windows were broken and they played in the reflection pool ect.  All in
all it was only slightly worse then a typical friday nite (if it was
worse at all).  While all this was going on, the Lafayette police, West
Lafayette police, Tipp. County police, state police and whatever other
kind of police there is, were congregating about a block away from my
friends' house.  They sat there until about 2:00am and then they went to
the 3 houses and arrested everyone that was there, for distrubing the
peace.  The ironic thing is the people who were *distrubing the peace*
were sleeping at the time of the arrest.  It was all so stupid and the
people who were arrested seemed to be scapegoats.  The police felt
someone had to be arrested and they knew where these people were, so
they arrested them.  The police have not yet filed charges and the 24
people who were arrested are sueing the police for false arrest. 

					TT

------------------------------

Date: Thu, 10 Oct 85 12:02:43 cdt
Re: RAMBO versus the Pot-growers and police overstepping their bounds.

	It sure as hell can happen here.

	While not so dramatic, my recent experience is probably a better
warning. It's not often that you can catch a policeman in an outright
and disprovable lie.

	I don't know what got into this guy, except that maybe he had a traffic
ticket quota to fulfill. In any case I was driving down a newly opened one-way
street. This street is destined to be a feeder for a new freeway, but it was
opened early so that people in a couple of office buildings along the street
the freeway is replacing will remain accessible.

	At the end of the street, where you have to enter it to get to any of
these buildings, a 45 MPH speed limit sign is prominantly posted. So, I
generally drive 45 down it & think nice thoughts about streets with reasonable
speed limits. It's so rare to find one, after all.

	About 2 weeks ago a police car followed me into the parking lot of the
building where I work and parked directly behind me, presumably to block my
escape should I turn out to be desperate. He never flashed his lights or ran
his siren. He just got out of his car, made the usual production of flipping
open the flap on his gun, asked to see my license, and gave me a long lecture
on how that was a public road, and we couldn't speed down it like we used to.
I apologised and said that I thought I was only doing 45, and he informed me
that the speed limit on that street was 35, and he was just letting me off
because I probably wasn't aware that the road was open now.

	One of the other employees later made some comment about him not giving
me a ticket because he hadn't caught me on a public street, but rather in the
parking lot. He also said he was stopping everybody & some people had gotten
tickets.

	I went back & checked and, lo and behold, it was a 45 zone.

	I never did, nor do I ever intend to do, anything about it. Down here
it's well known that you never mess with the police. After all, it's his word
against yours and even if he does get into trouble all the cops in town will
have your number. What's even more incredible is that despite the fact that
everyone I've ever spoken to down here knows this, they still approve of the
Mayor appointing a heavy-duty "law-and-order" type police comissioner.

	Not much of a symptom, I'll agree. But a symptom none the less.

[JoSH: feel free to edit this to cut out the excess verbiage. And I for one
like your editorial comments. Down under in Australia, where I hail from,
liberal still implies "freedom" as opposed to "free lunch".]

------------------------------

Date: Thu 10 Oct 85 20:25:47-PDT
From: Lynn Gazis <SAPPHO@SRI-NIC.ARPA>
Subject: crime control, police, and self-reliance

John objects to the attitude that we should leave crime control
to the police, since they know best.  It seems to me that they DO
know best how to control crime.  They have been trained to deal
with potentially violent situations.  They know how to use the
weapons they carry.  They have lots of experience.  Are you suggesting
that we should try to fight off criminals ourselves rather than
calling the police?  If not, what do you mean by more self-reliance?
That we should be able to physically defend ourselves if the police
aren't nearby?  Or something else?  And what are your criteria for
deciding what is an optimal balance between self-reliance and
reliance on the police?

Lynn

------------------------------

Date: 12 Oct 85 12:57:00 EDT
From: Mike <ZALESKI@RED.RUTGERS.EDU>
Subject: Re: Police Raid Town

   From: sybalsky.pa@Xerox.ARPA
   "--If it's a police officer's word against mine, he wins"

   From: RWhitney@HIS-PHOENIX-MULTICS.ARPA
   This is not an automatic as you seem to think. Generally though I'll admit
   you're basically correct. The reason for this though is that the officer
   generally has nothing to gain if you're found innocent or guilty.

For traffic tickets (which you specifically mention), I was under the
impression that police departments use some sort of quote/performance
review/whatever you want to call it to make sure that all its officers
are writig the same number of tickets on the average.  Also, isn't it
the case that a "big collar" of some significant criminal activity will
have a positive effect on one's career as a police officer?

It seems to me that in both cases, the police officer might gain by
coloring his testimony.  (Admitedly in a "big collar" this might be
more difficult.)  Or have I just been watching Hill Street Blues and
Miami Vice too much?

   From: RWhitney@HIS-PHOENIX-MULTICS.ARPA
   Many police/community problems stem from a lack of understanding of why the
   police do what they do. If you knew what I know you might not be so quick to
   condemn the boys-in-blue/cammouflage.

Why not enlighten us?

The article which I read in Poli-Sci said there were no arrests, made no
mention of any firearms, and indicated that $50,000 worth of marijuana
(a rather small amount) was seized.  This doesn't sound like a very
impressive bust to me.  It seems as though the police decided to act
based on some very bad information about what to expect.  I'm sure
you'll agree that sending 35 to 50 man SWAT team into an unarmed town
is an invitation to disaster.

-- "The Model Citizen" Mike^Z
   Zaleski@Rutgers    [ allegra, ihnp4 ] phoenix!mzal

------------------------------

Date: 13 Oct 85 23:48:15 EDT
From: Mike <ZALESKI@RED.RUTGERS.EDU>
Subject: Know your laws/Priviledged classes

   From: sybalsky.pa@Xerox.ARPA
   "--We should leave crime control to the police--after all, they're
   the ones who know best."

   From:  RWhitney@HIS-PHOENIX-MULTICS.ARPA
   I agree with this. How well do you know the laws of your state?

In the September 1985 issue of The American Rifleman, page 74:
"A sutdy conducted at the St. Louis University School of Law found
that while police were successful in shooting or driving off criminals
68% of the time, private citizens were successful in 83% of their
encounters.  While 11% of the individuals involved in police shootings
were later found to be innocents misidentified as criminals, only 2%
of those in civilian shootings were so misidentified."

I don't need to know the law to know that someone who is kicking
down my door, or vandalizing my property, or is stealing something of
mine, or is hurting myself or someone close to me to know that the
person is a criminal and should be disposed of as such.

However, I see the police as only working for the real source of the
problem: Politicians.

I see a new wave of stupidy in politics these days.  On many social
issues, it seems to me that the conservatives take the attitude: "Ban
it because it's bad", liberals take the attitude: "Ban it to make the
world safer, to protect people from themselves."  On technolgical
issues, I see our government being lead by people who are totally
uneducated in engineering or design.  (How many nuclear engineers
are on the Nuclear Regulatory Commission?  How many people who have
been head of the National Highway Traffic Safety Administration
(NHTSA) have been engineers?  I'm not talking about people on staff
who write reports which are ignored, I'm talking about the actual
decision makers.)

Further, I see many articles in the paper of politicians introducing
unneeded, unrequested, and generally stupid legislation: Renaming
airports, banning radar detectors, setting up bizarre laws in the
telecommunications industry, etc.

Moreover, I see politicians in general as a suspicious group, since:
1. Truly talented engineers/managers can make much more money in
   private industry, and
2. If someone pursues a career in government because they "want to
   lead" then they are on a personal power trip and are dangerous.

I will, however, propose (at a high level) a two part solution to
this situation:
1. All decisions must come from legislation.  No more unelected
   bureaucrats handing down edicts for society.
2. Limiting all legislative sessions to two parts: First, a maximum
   six week period in which all new legislation is introduced and
   voted on, and second, a period of unspecified length to deal with
   issues specifically related to the budget.

Comments or flames, anyone?

-- "The Model Citizen" Mike^Z
   Zaleski@Rutgers   [ allegra, ihnp4 ] phoenix!mzal

------------------------------

Date: Tue 15 Oct 85 21:07:07-EDT
From: FIRTH@TL-20B.ARPA
Subject: sybalski's post

Please permit me to take issue with two comments in Mr Sybalsky's post;

(1) '[there are] laws making the possession of arms illegal'

Not in this country.  The right to bear arms is established
by the Second Amendment to the Constitution:

	"A well regulated Militia, being necessary to the
	 security of a free State, the right of the people
	 to keep and bear Arms, shall not be infringed"

Anything that pretends to abridge that right isn't a law;
it's some politician's flatulence:

	"This Constitution ... shall be the supreme
	 Law of the Land; and the Judges in every State
	 shall be bound thereby, any Thing in the
	 Constitution or Laws of any State to the
	 Contrary notwithstanding"

(2) 'making it illegal for you to use force in defending yourself
     in your home'

The right of self-defence is not merely a Constitutional right;
it is part of the natural law.  No human instrumentality can
repeal, amend, or override it.

	"The laws of man that are in direct contradiction
	 to the natural law bear an initial defect, that
	 no violent means, no outward display of power,
	 can remedy"

Would any jury convict?

Robert Firth

[ PS: Josh and others: whence came that last quotation? ]

[Sounds like something from the Theory of Moral Sentiments (Smith),
 or maybe from Hutcheson?   --JoSH]

------------------------------

End of POLI-SCI Digest
	- 30 -
-------