Redefined Criminal Behavior
Guest Column by Robert Solomon, Williamston, SC
Government has taken it upon itself
to redefine criminal behavior to include as criminal, behavior in which no crime
is actually committed!
You say, "No way, no
how! Our government is just looking after us best they
can!"
Let me explain. Criminal law in this
country was adopted from English common law which, of course, is predicated upon
the Bible. Crime is defined as behavior that involves damage to person or
property or the threat to do so. Probably cause (Constitutionally required) is
determining that a person(s) has probably committed a crime by looking at the
actual damage to persons or property and making a determination that the
"suspect" evidently committed wrongful behavior (evidence). A crime also
requires a victim. A victim is the person(s) against whom a wrongful act has
been committed, evidenced by damage to person or property or threat thereto. The
government is now saying that it can be the victim/the party harmed. The
government is saying that it is the "will of the people" that persons be
prosecuted as criminals even when there is not damage to persons or property!
This is best illustrated by example.
Local
County Council (Anderson County) enacted a law, with criminal penalties, that
anyone caught transporting uncovered trash was guilty of a crime. Sounds fine at
first. After all, this law will decrease the amount of trash along our roadways.
The only problem is that no crime has occurred! If trash blew out during
transport, then the crime of littering has been committed. No one would argue
against littering. But littering did not occur, only transporting without a
cover. No victim, no one injured, no property damage. Just a violation of the
order of the local authority! All hail the
King!
Let's consider other forms of
governmental abuse of authority. How about traffic enforcement. Running a stop
sign or speeding violations also fall into the category of criminal behavior
where no crime is actually committed. Same conditions as previously cited, that
is, no victim or damage to person or property. If the government wishes to
charge a motorist with speeding as a contributing factor to an "accident" where
damage to persons or property has occurred, that may be acceptable, but an
"accident" involves no criminal motive! An "accident" involving a motor vehicle
lacks criminal intent by definition. Consider the Second Amendment. Why has
government taken it upon itself to criminalize a constitutionally legal activity
by passing laws abridging a citizen's right to carry a firearm? If a firearm is
used in conjunction with a bonafide criminal act, then sanctions would apply!
Once again, no victim, no damage to person or property or threat thereto. Seat
belt laws, hate crimes, consumer protection, the list goes on and
on!
You say to yourself, "This guy is nuts! The
government is only trying to help us and preserve order in society." I do not
see how the "general welfare" of our society is promoted by creating criminals
where no crime has been committed. I do not see how we benefit by government
extending itself beyond the authority granted by the Constitution. I do not
understand how we are better off by allowing government to pick and choose what
law they will obey and what law they will circumvent. But I do understand that
government does not try and ram this sort of activity down your throat. Oh no,
government is far too clever. This sort of treachery must be nicely packaged and
must be presented to the dull mind as having merit! Therefore the people are
duped by slick promotion. How many "causes" are presented to government that
supposedly can be only solved by government? Under banners such as "Save the
Environment", "Secure the Elderly", "Help the Children", "Protect the Consumer"
does this sort of cancer creep into our
lives.
We are such fools! Only fools will
believe anything they are told. Only fools rush in without considering the
results of their actions. Foolish is the idea of a "living, breathing
Constitution". Foolish is the idea that government cares for you and will only
do what is best for you. Only fools base their opinions on their feelings. Only
fools fail to roundly consider al the facts. Our Founding Fathers knew these
things and put strict limits on governmental authority because they knew the
human tendency for money and power and its corrupting
influence!
We, in our foolish "wisdom have gone
astray and like sheep that have lost their way, will soon find the end of their
folly!
If you think this opinion has merit,
contact your elected representatives and voice your concern today!
ATG : The above "laws" are
in evidence in every county in SC. In Lexington County citizens taking their
tied up black bags of trash/garbage to the dump are stopped for not having a
cover over the top of the bags, even if there is absolutely NO way the contents
could be blown out on the road. [Threatening messages are broadcast on TV
regarding seatbelt restrictions, all the while drivers are dodging the reckless
drivers who seem never to have taken a driving lesson; when the accident does
occur the only report is whether or not the drivers hit were/were not wearing a
seatbelt.] Any action which may/may not damage property is considered "criminal"
and reported as such. Our elected "representatives" do NOT represent the
people.......they only wish to stay in power, spending our tax dollars, while
passing more "laws" that make them look good to the dimwits who want MORE
government.