The topic brings to mind the question: What is the proper role of a Supreme Court Justice? As you watch President Obama's Supreme Court pick go through the vetting process, ask yourself the following questions about the proper role of a Justice of the Supreme Court :
Is it to change constitutional interpretation to keep up with the times?
Is it to give elitist opinions the force of law against the wishes of the majority?
Is it to strictly interpret the Constitution, and leave changing the law to the people through their elected representatives?
Isn't it the job of the two house Congress, and the Presidential veto power, to cool the prejudices of the mob and protect our rights? What makes nine old people, who are not elected, so superior in their judgment that we need them to tell us what is right?
Will Judge Sotomayor respect the judgment of the people regarding right and wrong?
Many people remember with pride the Court's decision in Brown v. Board of Education, but how many people remember the Court's shameful decisions, such as Dred Scott v. Sandford, or Roe v. Wade?
Monday, June 22, 2009
Practical Obscurity and Public Records
This issue is addressed by blogger Scott Perry here. It is a major pet peeve of mine. Practical obscurity of public records refers to the relative difficulty in obtaining an ostensibly public record. Back in the day, you had travel to the courthouse to peruse the criminal records of potential employees, friends, neighbors, family members, etc. Now, in most jurisdictions, you can sit in your pajamas in front of your computer, and with a credit card in hand, develop a dossier on just about anyone. The upshot of this is that now economic opportunity for many minor offenders is severely restricted. In this study, "...over 40 percent of employers indicated that they would “probably” or “definitely” not be willing to hire an applicant with a criminal record for a job not requiring a college degree..." Now add to that the fact that information regarding minor criminal convictions is readily available to anyone with a computer and a credit card, and you see the damage being done to many people who have paid their debt to society. We now, as a society, are neither willing to forgive, nor forget.
In my practice, I have seen juvenile offenders who committed minor acts of youthful foolishness denied one or more jobs due to their adjudication, which is not even considered a conviction under the law. Its horrible to see a young person in tears because they cannot work in their dream job, even after successfully completing every single requirement of their probation because the prospective employer has easy access to their adjudication information. And don't think that these employers care to inquire of the probation officer involved whether or not they would hire the youngster for the job if it was up to them.
Now add this wonderful little twist: since 9/11 the government has been concentrating on two related crusades. First, the state and federal governments have been passing laws to close more and more occupations to people with criminal convictions. Second, both the state and federal governments have been trying to make computerized records of convictions "more complete." I use ironic quotes because the result of this second undertaking has been underwhelming, to say the least. People with expunged records on paper have had those convictions reappear on the "improved" computer databases. People have had partial information made available which paints a picture of a possible conviction, even though the charges were dropped for lack of evidence or proof. Wonderful. Now you can be denied a job, your civil rights, or a firearm because of faulty information, too.
As a society, we need to get back to the basics: treat others as you would have them treat you. Sound familiar? We all benefit when offenders are allowed and encouraged to reintegrate back into society. Give these poor folks a chance to do what we have asked them to do: work and live an honest life.
In my practice, I have seen juvenile offenders who committed minor acts of youthful foolishness denied one or more jobs due to their adjudication, which is not even considered a conviction under the law. Its horrible to see a young person in tears because they cannot work in their dream job, even after successfully completing every single requirement of their probation because the prospective employer has easy access to their adjudication information. And don't think that these employers care to inquire of the probation officer involved whether or not they would hire the youngster for the job if it was up to them.
Now add this wonderful little twist: since 9/11 the government has been concentrating on two related crusades. First, the state and federal governments have been passing laws to close more and more occupations to people with criminal convictions. Second, both the state and federal governments have been trying to make computerized records of convictions "more complete." I use ironic quotes because the result of this second undertaking has been underwhelming, to say the least. People with expunged records on paper have had those convictions reappear on the "improved" computer databases. People have had partial information made available which paints a picture of a possible conviction, even though the charges were dropped for lack of evidence or proof. Wonderful. Now you can be denied a job, your civil rights, or a firearm because of faulty information, too.
As a society, we need to get back to the basics: treat others as you would have them treat you. Sound familiar? We all benefit when offenders are allowed and encouraged to reintegrate back into society. Give these poor folks a chance to do what we have asked them to do: work and live an honest life.
Concealed Carry: A Constitutional Right Insures Your Safety
The reader may wonder why I help people here in Michigan obtain their Concealed Pistol Licenses. The following chart provided by the Michigan State Police shows the results of what happens when good citizens are armed. You can click the MSP link, or the chart, to make it readable. Mind you, this information reflects the crime rate in one of the most economically depressed economies in the country. The numbers don't lie, that's why criminologists rely on them for hard proof. Freedom equals safety: freedom and safety are not a trade-off.
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