Subject: Fw: [new_patriots] The Origin and Evolution of Official Identity in the
United States
I'm from the goverment I'm here to help you,(What no I.D.?) On the ground spread
eagle. NOW Me
http://www.voluntaryist.com/articles/121a.php
"Your Papers, Please!"
The Origin and Evolution of Official Identity in the United States
By Carl Watner
From Issue Number 121
The chief principle of a well-regulated police state is this: That each citizen
shall be at all times and places ... recognized as this or that particular person.
No one must remain unknown to the police. This can be attained with certainty
only in the following manner: Each one must always carry a pass with him, signed
by his immediate government official, in which his person is accurately described.
There must be no exception to this rule.
- Johann G. Fichte, THE SCIENCE OF RIGHTS. Originally published 1796. Translated
from the German by A. E. Kroeger. London: Trubner and Co., 1889, pp. 378-379
[1].
We need to create an atmosphere such that each citizen feels that without [his
government papers] he will be unable to travel anywhere, that the single document
confirming his identity is [his government paperwork]. The first question you
must ask a detained citizen is - show me your [government id].
- Genrikh Yagoda, the People's Commissar of Internal Affairs, in a top-secret
speech of April 16, 1935 at a conference convened by the People's Commissariat
of Internal Affairs (NKVD) [2].
Why introduce the topic of "official identity" in the United States
with quotes from a late-18th Century German philosopher and a 20th Century commissar
of the Soviet secret police? The short answer is that government identification
practices in the United States have been profoundly affected by foreign influences,
especially by the development of police identification practices in other countries.
The long response, and purpose of this article, is to describe both the chronology
and internal logic of "official identity" as that concept developed
in the United States.
The predominant way of identifying people in this country, as least until the
beginning of the 20th Century, was voluntaryist in nature. Individuals chose
to identify themselves in whatever manner chosen by their parents, or themselves
in adult life. Family Bibles, church registries, baptismal registries, or simply
informal community acknowledgement were some of the methods used to establish
names. Individuals could change their names whenever they wished, so long as
they had no fraudulent purpose in mind. Local, state, and federal governments
were left out of the picture. Home births were common, driver's licenses were
non-existent, passports were usually not required for foreign travel, Social
Security numbers were unknown, and numerous states had no laws requiring the
issuance of birth certificates. People had no need for government identification
because there so few interactions (at least compared to our situation today)
with the government. In many instances, they neither paid taxes directly to
the government (as in income taxes) or received any direct monetary assistance
from the government (as in Social Security benefits), and therefore there were
no requirements to prove "who you were" to the authorities.
Why Does the State Need to Know Who We Are?
The need for "official identities" stems from the expanding power
and scope of the modern nation-state. Pamela Sankar elaborates on this thesis
in her 1992 Ph.D. dissertation "State Power and Record-Keeping: The History
of Individualized Surveillance in the United States, 1790-1935." She points
out that the modern nation-state must maintain "direct, continual, and
specific contact" between its ruling bureaucracy and its citizenry. "This
allows the state to exert forceful and precise control over its population,
and "provides a critical source of the modern state's power." [3]
However, in order for this to occur, the state must be able to fix the identity
of each and every person in its territory. [4]
The concept of official identity epitomizes governments' "fundamental
purpose, which is to maintain conquest." [5] How better to exercise control
than to assign each human being a permanent, indelible identity: "lasting,
unchangeable, and always recognizable, [and] easily proved." [6] The function
of an "official identity" is to establish documentary evidence and
bureaucratic records which enable the government to recognize unique and specific
individuals. It is the identity through which the individual must conduct all
of his or her affairs with the government, and the identity by which the state
monitors, regulates, and directs personal conduct. One's official identity serves
as the basis for the claim to be an American citizen, mother or father to one's
children, automobile driver, discharged solider, recipient of government largess,
etc. The threat of various penalties for the refusal to use one's official identity
serves as an example of the carrot and stick approach that government uses towards
its citizens. No one can be legally born, work, drive, or leave and re-enter
the country without government id, and many quasi-public institutions have adopted
government id requirements (try cashing a check or renting a car without an
official identity). [7] No one who lacks an official id may receive money from
the government, send their children to government schools, or become a government
employee (solider, policeman, clerk, bureaucrat, schoolteacher), or enter into
any sort of licensed profession (doctor, lawyer, general contractor, etc.).
Historically, in nearly every nation-state, the idea of government identities
was first thought of and used by police, prison, and judicial officials. A judge
or warden or policeman wanted to know about the man before them, and the truth
about a prisoner's background. Was the man in the docket a first time offender
or a degenerate recidivist deserving harsh treatment? Since arrested suspects
and persons charged with crimes were often personally unknown to state officials,
such detainees had every incentive to falsify their identities in order to avoid
being labeled as repeat offenders. (As they knew, repeat offenders were often
treated more harshly and received longer prison sentences, if convicted.) How
else, other than relying on an officially-imposed identity, were government
officials to know who was the person before them? (This is one of the reasons
that some convicts, at different times and different places, have been branded,
or even tattooed.) In the United States, during the first third of the Twentieth
Century, it was chiefs of police, detectives, prison wardens, and FBI functionaries
who spear-headed a long-term campaign to have every person under their jurisdiction
receive an "official identity." The military requirements of World
War I, the alien registration undertaken in 1918, the advent of Social Security
in 1935, and the increasing trend toward licensing drivers of motor vehicles
all contributed to the creation of official identities and government monopolization
of the means of identification in the United States.
The first specifically American attempts to catalog and identify criminal offenders
occurred in the late 18th Century. Some of the earliest evidences of state-recordkeeping
are found at Philadelphia's Walnut Street Jail, whose construction was authorized
in 1773, and which became Pennsylvania's first state penitentiary in 1794. The
names of convicted offenders were entered in a prisoner's log, along with a
description of physical characteristics, age, and any special peculiarities.
It was not until a century later that the scientific method, known as anthropometry,
was applied to criminal record-keeping.
Using Body Measurements to Identify Criminals
Anthropometry is the branch of science that deals with bodily measurements and
was developed into a method of identifying criminals by Alphonse Bertillon (1853-1914).
Bertillon was chief of criminal identification for the Paris police for a number
of decades during the late 1800s and early 1900s. In 1882 he developed an identification
system that relied upon a series of bodily measurements, physical descriptions,
and photographs. Anthropometry was based on the fact that the skeletal system
of most adults was stabilized and fixed by the age of twenty. Bertillon used
the great diversity of bone dimension among adults, and the relative ease with
which such diversity could be measured, as the basis for two cross files: one
anthropometric and one alphabetic (or phonetic). If a person's name was known
and in the files, his identity could be confirmed by verifying that his bodily
measurements were the same as recorded in his anthropometric file; or if a person
refused to give his name, his bodily measurements could be taken and located
in the anthropometric file and his name determined. Bertillon's historic contributions
to police science rest upon his application of the scientific method to personal
identification, as well as to his strenuous efforts to create the first scientific
police laboratory.
Promoters of the Bertillon system envisioned a requirement that all adult citizens
report to measuring centers for recording their anthropometric dimensions. Bertillon
was already familiar with the co-ordinated system of passports, residential
registration, and centralized reporting of criminal convictions which had given
France one of "the most extensive state-run surveillance system[s], up
to that time. [8] When he and Louis Herbette, Director of Penitentiaries in
France, attended the International Penal Congress in Rome, Italy in 1885, they
both delivered speeches advocating centralized "state-run, national, identification
systems." [9] As Sankar describes it:
Herbette related some of the more dramatic incidents where Bertillon's new
method had aided police, but he concluded by redirecting attention to the method's
basic contribution: that police could create a documentary version of individuals
that police could use to identify people despite resistance on their part. Herbette
pointed out that there was nothing intrinsic to the method which confined its
use to criminals. ... [H]e exhorted his listeners to consider the method's "extended
aim," which was,
[to] fix the human personality ... to give each human being an identity, a
certain individuality, lasting, unchangeable, always recognisable, [and] easily
proved ... .
Herbette emphasized that this "fixing" could be useful beyond the
narrow confines of penitentiaries and police. But to whom, precisely?
Was Herbette concerned that kin recognize one another, that neighbors always
know neighbor, that a mother always recognizes her son, ... ? No. As the full
text of Bertillon and Herbette's speeches clarified, their concern was neither
local nor personal. It was, instead, national and international: that the state
should be able to fix the identity of each and every person living within or
moving across its territory. Herbette envisioned Bertillon's method as the center
of a universal identification system storing and verifying the identities of
criminals and law-abiding citizens alike. [10]
Both Bertillon and Herbette realized that anthropometric measurements can verify
someone's identity if they are already in the files, but to be absolutely effective
such a system must include everyone in a given population area. The internal
logic of their, and any other identification system demands that more and more
people be included, thus making the identification system more and more effective.
Only "a universal system" allows government authorities "to discover,"
not just verify, identities." [11]
Anthropometry in the United States
The history of criminal and civilian identification practices in the United
States demonstrates how this principle was applied by various groups of police
and judicial bureaucrats. Although neither the United States Congress or state
legislatures have ever mandated such a universally-inclusive system, various
federal and state laws have gradually extended separate identification "requirements
to so many sub-groups within the nation's population that, over time,"
it has resulted in "a de facto national identification system." [12]
Whereas state and local officials were at first interested in labeling and knowing
the names and identities of criminals and criminal suspects, they now demand
- as a matter of right - that every person within their jurisdictions carry
and be able to produce a state-issued identity document. Failure to do so is
often considered a crime.
The first prison official in the United States to adopt the Bertillon system
was R. W. McClaughry, in 1887, at the Joliet State Prison in Illinois. McClaughry
had been exposed to the French system of criminal identification by E. C. Wines,
corresponding secretary of the National Prison Association. In the same year
he adopted bertillonage at Joliet, McClaughry was also instrumental in founding
the Warden's Association for the Registration of Criminals. Soon thereafter,
the Warden's Association approved the establishment of a criminal identification
system based on monthly submissions of photographs and written descriptions
of the physical appearances of newly arrived prisoners at their respective institutions.
"In so doing, they established the first centralized identification system
in the U.S. which, while not fully national at its inception, was national in
intent." [13] McClaughry was an avid advocate of anthropometry, and edited
the 1896 translation of Bertillon's book, Signaletic Instructions Including
the Theory and Practice of Anthropometrical Identification. McClaughry was not
satisfied with identifying just criminals. He wanted everyone identified. In
the "Publisher's Preface" to Bertillon's book, McClaughry wrote:
According to the theory of the system, and in order for society to reap its
full benefit, every human being should be partially signalized [measured anthropometrically]
... at the age of ten years, and completely so at the age of maturity; and every
country should have a national signaletic office where all the signalments of
its inhabitants should be filed. The process of signalments would take the place
of passports at every national frontier, and signalments would appear on all
life insurance polices, permits and other papers whose value depends upon the
establishment of personal identity. It would then be possible to find any person
at once whenever desired, whether for his own good or that of society at large,
in whatever place he might be and however he might alter his appearance or his
name. Crime could thus be rooted out, elections purified, immigration laws effectively
enforced, innumerable misunderstandings and much injustice prevented and all
business relations greatly facilitated. [14]
After McClaughry's introduction of anthropometry in the United States, other
police organizations were formed and soon embraced Bertillon's system. The National
Chiefs of Police was born in 1893, after a meeting of police executives in Chicago.
In 1902, this group decided to change its name to the International Association
of Chiefs of Police, and one of its first actions was to establish a central
clearinghouse for criminal identification records. In 1897, the National Chiefs
of Police Union, headed by Phil Deitsch of Cincinnati, was founded, and it,
too, began its own National Police Bureau of Identification. The U. S. Department
of Justice created its own Bureau of Criminal Identification in 1905. "By
1896, the Bertillon system had been adopted by 20 prisons and seven police departments
in the United States alone." [15] Use of the anthropometric system of identification
by police agencies in France, Belgium, Switzerland, Russia, British India, and
many of the South American republics resulted in the resolution of numerous
criminal cases. [16]
Although some sharing of Bertillon records took place among police identification
bureaus, there was essentially little cooperation (domestically or internationally)
between them until fingerprint identification superceded Bertillon's anthropometric
system. Fingerprinting has an ancient history, but it did not attract Bertillon's
attention as a scientific method because there was no precise way of cataloging
and filing all the diversities of different fingerprints until nearly 1900.
Modern fingerprinting can be traced back to four Englishmen: Dr. Henry Faulds
(1843-1930), Sir William James Herschel (1833-1917), Sir Francis Galton (1822-1911),
Sir Edward Richard Henry (1850-1931); and one Argentinean (born in Austria):
Juan Vucetich (1858-1925). [17] Galton was the first to direct his attention
to setting up a classification system for fingerprints, and where he failed,
Sir Edward Henry was successful. Henry made the breakthrough which made possible
the cataloging of millions of fingerprints and the "almost instant location
of any one record for comparison." [18] Henry's system was first introduced
in Bengal, and then throughout India in 1897. By 1901, Scotland Yard had rejected
Bertillonage in favor of fingerprint files. "Within the decade, Henry's
system of fingerprint identification had been extended to most countries in
Europe and to the United States." [19]
The Advent of Dactylscopy or Fingerprinting
Anthropometry was discarded, not because it failed to accomplish what it promised,
but because fingerprinting was "easier to implement, required less training
and expertise in making and accessing criminal records," and was generally
a far less expensive and simpler method. [20] The new "science of dactyloscopy"
(from the Greek and Latin roots for `finger') was first introduced into the
United States when the New York Civil Service Commission began fingerprinting
candidates taking civil service examinations in 1902. Shortly thereafter, the
movement toward fingerprinting gained momentum: in 1904 the U.S. military began
collecting fingerprints of enlistees; in 1905 the New York City Police Department
established its own identification bureau charged with collecting fingerprints;
in 1908 the Department of Interior Office of Indian Affairs instituted thumbprinting
of native Americans to help deter fraud in their financial transactions; and
by 1911, the first criminal conviction based solely on fingerprint evidence
took place in the United States. Despite a watertight alibi, Caesar Cella was
found guilty in a New York City court based on the presence of his fingerprints,
which were the only evidence connecting him with the crime.
The advent of World War I familiarized millions of Americans with fingerprinting
as a system of government id. Every one of the millions of Americans entering
the military was fingerprinted.[21] Hundreds of thousands of alien enemies were
also subjected to government registration in 1918. Such persons were required
to "execute in triplicate a registration affidavit ... including fingerprint
identifications." Failure to carry their registration card on their persons
was punishable by a fine of up to $ 2000 and imprisonment for up to five years
[22]. The German-American alien registration was administered by the federal
government's Bureau of Investigation of the Department of Justice. It was here
that J. Edgar Hoover became a law clerk on July 26, 1917, and a few months later
was assigned to John Lord O'Brian, newly named assistant to the Attorney General
for war work. "Hoover's job was the registering of more than one million
enemy aliens" and it was here he observed the powerful potential of all-inclusive
government fingerprinting. [23]
The year 1924 was a pivotal year for the Bureau of Investigation. On May 10th,
J. Edgar Hoover was appointed as Acting Director of the Bureau. In July, Congress
adopted a law that created the Identification Division of the Bureau. The fingerprint
records of the National Bureau of Identification (established by the International
Association of Chiefs of Police) and the federal fingerprint files at the Leavenworth
Penitentiary Bureau were consolidated into one national repository located in
Washington D.C. housing about 800,000 records. Hoover ultimately embarked on
a propaganda campaign to expand the fingerprint files of the Bureau (which officially
became the FBI or Federal Bureau of Investigation on July 1, 1935). Ultimately,
the FBI came to house "the world's largest collection of fingerprints."
[24] Nevertheless, Americans were never convinced to accept universal fingerprinting.
However, a 1956 statistic demonstrates how far fingerprinting encompassed the
civilian population. "Of the total of 141,231,713 fingerprint sheets on
file with the FBI, no less than 112,096,777 were not those of criminals, but
of respectable permanent or temporary residents of the United States who never
had any brushes with the law." [25]
Panoptic Surveillance or Free Market Identification?
As one historian of criminal identification has noted, the story of fingerprinting
after the mid-1920s is the record of taking "criminal identification systems
to the next level of panoptic surveillance, to allow law enforcement authorities
to follow criminals across greater expanses of time and space, and to draw more
tightly the web of state-sponsored surveillance." [26] In 1925, New York
City Police Chief Richard Enright called for the mandatory fingerprinting of
all New York City residents. In 1929, the federal government began fingerprinting
all civil servants. In 1931, the U.S. Supreme Court decided that the police
could fingerprint all suspects (in advance of their trial and conviction) without
any specific statutory authority. In 1932, the kidnapping of the Lindbergh baby
gave credibility to the claims of government officials wanting to fingerprint
all children. In 1936, the City of Berkeley, California inaugurated a voluntary
city-wide fingerprint campaign of residents. In 1937 the FBI received the prints
of the members of the Civilian Conservation Corps; in 1939 prints of all aliens,
as well as workers of the Works Progress Administration were turned over to
the FBI. During the mid-1930s, the armed forces began turning over fingerprints
of enlistees to the FBI. As the American Civil Liberties Union asserted in 1938,
"[F]ar from being an innocent means of identification, the fingerprint
drive is an early - and effective - move in the direction of a general regimentation
of the population." [27] "By incorporating millions of prints collected
typically as a condition of employment, the FBI dramatically improved its ability
to identify criminal suspects by increasing the number of prints against which
it could compare new, unidentified prints. In so doing, it altered the function
of these prints from fulfilling a one-time work-eligibility requirement into
providing an enduring identity record with which officials could monitor the"
geographic movement, economic activities, and social and political deviance
of many people residing in the United States. [28]
To Hoover and other government officials, the national fingerprint system he
developed "represents an impressive resource for state surveillance"
and power. "Through this system the state has extended its eyes and ears
over a vast territorial expanse and provided itself with a depth of memory unmatched
by recollections of individual bureaucrats." Fingerprint records, birth
certificates, social security numbers, all these elements of official identity
"constitute a critical element of the state's power base." [29] With
the successful fingerprinting of aliens during World War I, fingerprinting "took
on a new connotation of conformity," which belied its earlier connections
to the criminal population. Government programs to collect the fingerprints
of military enlistees, government employees, and immigrants "established
the expectation that all people - not just criminals - should be fingerprinted
and assigned official identities that would permanently inscribe them in a centralized,
national record-keeping system." [30]
Would there be any basis for demands for universal fingerprinting, societal-wide
id cards, or a computerized id database in a voluntaryist society? Probably
not. Apart from the politically-induced urge to conquer and control that exists
in a statist society, there is another main reason for the creation of official
identities in such a society. This stems from the historical fact that governments
and not voluntary, private enterprises have been responsible for providing protection
from criminals and for building and maintaining the roadways. While there is
a legitimate need for both these services, there is no necessary reason that
they be provided by coercive government. The point is that whoever is responsible
for the provision of roads and defense from criminals is responsible for constructing
a system to identify wrongdoers. If private organizations were responsible for
these services, it would be up to them to develop some sort of viable identification
system; if it is the State that is responsible, then it is the State that must
employ such systems. However, it should be readily apparent that the means available
to the State differ from those available to private organizations. The State
outlaws all competition, collects its revenues under threat of confiscation,
and is able to coercively monopolize identification services.
Undoubtedly there would be a myriad of ways that people would be identified
in a free society. The "bad apples", or wrongdoers, would not necessarily
spoil the barrel for the innocents, as happens in a statist society. Public
sentiment against civilian fingerprinting was right, for it rested on the common
law presumption that a person was innocent until proven guilty. Competitive
businesses that exist by satisfying the customer would find ways to isolate
the "bad apples," without arousing the ill-will of its lawful patrons.
Just as there is no single, universal and mandatory credit card (as there would
be if government were responsible for issuing credit cards), there would be
no single, universal id requirement. Entrants to Disney World would be identified
one way; entrants to Busch Gardens probably another; entrants to the Super Bowl
another. We have no way of knowing what alternatives to official State id might
be generated on the competitive market. All we can say is that the State entered
the identification business because most people mistakenly accepted the assumption
that
the State should operate the roads, the police, and prisons. So while the question
"Your papers, please" might arise in a voluntaryist society, it would
more likely be in the form "Your landowner's contract, pass, or ticket,
please" to validate one's right to be present upon a given piece of property
or to demonstrate one's right to be using a privately owned roadway. It would
not be a demand from the police that would land you in jail if you did not comply.
[31]
Endnotes
[1] Jane Caplan and John Torpey, eds., DOCUMENTING INDIVIDUAL IDENTITY, Princeton:
Princeton University Press, p. 49.
[2] For the complete reference and citation see ibid., p. 89.
[3] Pamela, Sankar, "State Power and Record-Keeping: The History of Individualized
Surveillance in the United States, 1790-1935," Ph.D. diss., University
of Pennsylvania, 1992. Call No. P 002 1992 S 227, pp. 4-5.
[4] ibid., p 19.
[5] Theodore Lowi, INCOMPLETE CONQUEST, 1981, p. 13.
[6] op. cit., Sankar, pp. 19 and 245.
[7] Imagine what would happen if the IRS had an up-to-date list of every person
in the country. It could immediately establish from its taxpayer database, who
was not filing and paying taxes. It could then investigate the non-payers in
an effort to increase government revenues.
[8] ibid., p. 119. Sankar points out that the United States lacked "centralized
record-keeping facilities, not only in penitentiaries, but also for most legal
affairs," well into the 20th Century.
[9] ibid., p. 18.
[10] ibid., pp. 18-19.
[11] ibid., p. 282.
[12] ibid., pp. 2-3.
[13] ibid., pp. 155-156.
[14] Alphonse Bertillon, SIGNALETIC INSTRUCTIONS, Chicago: The Werner Company,
1896, p. viii. Also cited in Simson Garfinkel, DATABASE NATION, Sebastopol:
O'Reilly, 2000, pp. 40-41.
[15] ibid., p. 40.
[16] Henri Souchon, "Alphonse Bertillon," in John Philip Stead ed.,
PIONEERS IN POLICING, Montclair: Patterson Smith, 1977, pp. 121-147 at p. 139.
[17] See John J. Cronin, "The Fingerprinters: Identification as the Basic
Police Science," in John Philip Stead, ed., PIONEERS IN POLICING, Montclair:
Patterson Smith, 1977, pp. 159-176.
[18] ibid., p. 172.
[19] ibid., p. 173.
[20] Simon Cole, SUSPECT IDENTITIES: A History of Fingerprinting and Criminal
Identification, Cambridge: Harvard University Press, 2001, p. 152.
[21] Edward H. Murphy and James E. Murphy, FINGER PRINTS FOR COMMERCIAL AND
PERSONAL IDENTIFICATION, Detroit: International Title and Recording and Identification
Bureau, 1922, p. 6.
[22] op. cit., Sankar, p. 264.
[23] Unable to verify location of this quote from my notes, but may possibly
be in Patrick V. Murphy, "John Edgar Hoover," in John Philip Stead,
ed., PIONEERS IN POLICING, Montclair: Patterson Smith, 1977.
[24] op. cit, Cole, pp. 236 and 249.
[25] Jurgen Thorwald, THE CENTURY OF THE DETECTIVE, New York: Harcourt, Brace
& World, Inc., 1956, p. 110.
[26] op. cit., Cole, p. 223.
[27] ibid., p. 248 citing THUMBS DOWN! The Fingerprint Menace to Civil Liberties,
New York; American Civil Liberties Union, 1938, p. 18.
[28] Pamela Sankar, "DNA-Typing: Galton's Eugenic Dream Realized,"
in Jane Caplan and John Torpey, eds., DOCUMENTING INDIVIDUAL IDENTITY, Princeton:
Princeton University Press, 2001, p. 279.
[29] op. cit., Sankar, "State Power and Record-Keeping," pp. 315-316.
[30] ibid., p. 268.
[31] An interesting exchange is found the Appendix to Opinion of the Court
in Brown v. Texas (443 U.S. 47 [1979]). Brown refused to identify himself and
was "arrested for violation of a Texas statute which" made "it
a criminal act for a person to refuse to give his name and address to"
a police officer:
THE COURT: ... I'm asking you why should the State put you in jail because
you don't want to say anything.
MR. PATTON [Prosecutor]: Well, I think there's certain interests that have
to be viewed.
THE COURT: Okay, I'd like to tell me what those are.
MR. PATTON: Well, the Governmental interest to maintain the safety and security
of the society and the citizens to live in the society ... outweigh the interests
of an individual for a certain amount of intrusion upon his personal liberty.
I think these Governmental interests outweigh the individual's interest in [443
U.S. 47, 54] this respect, as far as simply asking an individual for his name
and address under the proper circumstances.
THE COURT: But why should it be a crime to not answer?
MR. PATTON: Again, I can only contend that if an answer is not given, it tends
to disrupt.
THE COURT: What does it disrupt?
MR. PATTON: I think it tends to disrupt the goal of this society to maintain
security over its citizens to make sure they are secure in their gains and their
homes.
THE COURT: How does that secure anybody by forcing them ... to giv[e] their
name and address ... ?
MR. PATTON: ... [I]t's presumed that perhaps this individual is up to something
[illegal] ... .
THE COURT: ... I'm not asking whether the officer shouldn't ask questions.
I'm sure they should ask everything they could possibly find out. What I'm asking
is what's the State's interest in putting a man in jail because he doesn't want
to answer something. I realize lots of times an officer will give a defendant
a Miranda warning which means a defendant doesn't have to make a statement.
Lots of defendants go ahead and confess, which is fine if they want to do that.
But if they don't confess, you can't put them in jail, can you, for refusing
to confess to a crime?
Would there be demands for universal fingerprinting, id cards, or id databases
in a voluntaryist society? Probably not. The main reason for their existence
is the political urge to conquer and control. It could be argued that governments
have used their roles in regulating health care, providing police, protective
services, and the roadways as a way of "requiring" that all their
citizens be identified. By licensing the doctors and midwives who provide birth
and death care, by effectively monopolizing provision of roads, and by being
the primary provider of prisons, governments leave practically no alternatives
to escape from their identification processes. However, it is reasonable that
whoever operates medical, protection, and/or transportation services must have
some system for identifying valid users, violators, and wrongdoers. If private
organizations were responsible for these services, it would be up to them to
develop viable identification systems - but such systems would be subject to
competition from other providers and suppliers. There would be no drive to have
universal identification, or to make it compulsory that everyone have a government
number. Only a coercive government - that outlaws all competition and survives
by taxation - could demand that everyone have an official state identity.
Undoubtedly there would be a myriad of ways that people would be identified
in a free society. The "bad apples," or wrongdoers, would not necessarily
spoil the barrel for the innocents, as happens in a statist society. Public
sentiment against civilian fingerprinting was right, for it rested on the common
law presumption that a person was innocent until proven guilty. Competitive
businesses that exist by satisfying customers would find ways to isolate the
"bad apples," without arousing the ill-will of their lawful patrons.
Just as there is no single, universal, mandatory credit card (as there would
be if government were responsible for issuing credit cards), there would be
no single, universal id requirement. Entrants to Disney World would be identified
one way; entrants to Busch Gardens probably another; entrants to the Super Bowl
another. We have no way of knowing what alternatives to official State id might
be generated on the competitive market. All we can say is that the State entered
the identification business because most people mistakenly accepted the assumption
that the State should operate the roads, the police, and prisons. So while the
demand "Your papers, please" might arise in a voluntaryist society,
it would more likely be in the form "Your landowner's contract, pass, or
ticket, please" to validate one's right to be present upon a given piece
of property or to demonstrate one's right to be using a privately-owned roadway.
It would not be a demand from the police that would land you in jail if you
did not comply. [31]
|