CA Proposition 19

CA Proposition 19 is about ending government control on a substance that is far less dangerous than alcohol.  I implore any readers in California to vote yes on this important measure.

Weed, marijuana, pot, grass, whatever you call it should be legal.

Nick Gillespie and Matt Welch articulated a similar position to mine very well here.

Self Defense in MI

I haven't commented on the so called "road rage" shooting case in MI, since I know the defendant.  However, I feel that need to comment given today's development.  According to the Detroit Free Press, the jury was 9-3 in favor of acquittal.  Based on those I've spoken to about this case, I'd say the consensus is about right.  I personally feel that he should be acquitted, but I know those who feel otherwise and have good faith arguments.

It is a tough case, because it hinges on the jury trying to determine what the defendant's state of mind was at the time of the incident.  If he was angry, he is guilty, but if he was scared then he is innocent.  Based on the facts of the case, I think it is reasonable to assume that a person could be afraid in this circumstance.  Thus, he should walk.  I even think this supposed plea deal is too much, but probably better for him to take this than to roll the dice with the jury.

This all being said, the supposed victim in this case should also have been charged with assault, since he started the confrontation by leaving his vehicle.  We'll see what happens over the next few days, but this case should never have gone to trial in the first place.

Court backs tainted ball players

A court has ruled by a large margin that federal agents should not have taken a list of players who tested positive for steroids in 2003.

My favorite judge, Alex Kozinski, said that this was an illegal search and seizer.

Basically in 2003 MLB asked players to voluntarily give urine samples, and told them there would be no penalties associated with these tests. I completely agree with this ruling. It is up to MLB and the players' union to agree on what drug related rules should be enforced. The government had no right to step in and confiscate these samples. By doing so, players will be less likely to be honest in the future, for fear of being outed later on.

Clove Cigarettes will be illegal very soon

http://www.msnbc.msn.com/id/31233307/

While this article does not specifically call this out, kreteks, or clove cigarettes will soon be illegal. As will any flavored cigarette. Not sure how this would do any good for public health, but is interesting. Perhaps the main reason is that clove cigarettes come from Indonesia, so this would be a form of protectionism.

Here is more information on the upcoming trade dispute.

Also in the ban are any flavors other than "standard." So no more cherry-vanilla cigars.

Breathalyzer source code

The source code to an alcohol breath detector has been made public.  The results are alarming.  A thorough inspection of the software shows that this thing could easily give a false reading, without alerting the operator (likely a cop).

It also brings about the larger discussion of whether it is ethical for laws to be based on tests performed by closed source, non public software.  I would argue that it is not ethical.  Many people have tried to get this information in the past, and the makers of these devices usually cite "trade secrecy" as to why they cannot and should not have to reveal their source code.  

Now we know the real reason.

Posession of beer still illegal? Who would have known?

Some Libertarian activists were arrested in the most backward of United States, Mississippi. Among other things, they were charged with posession of beer in a dry county.

Yes, that's right, in certain counties of Mississippi, having a 6 pack of Bud is a crime.

A good idea to help with teen drinking

This is an example of a good law. My college actually adopted a similar policy while I was a student there, and it seemed to be well received by all.

Schools gone crazy over pills

In my neck of the woods, it is apparently a more serious offense to carry birth control pills to school than heroin.  Seriously.

Hookah's in VA

Not a good time to own a hookah bar in Virginia.

Stupid laws (PA Edition)

I have to say, I'm one to stand up for children's rights, but when someone is charged for taking pictures of themselves, that seems a bit off.  True, someone who is 15 cannot consent to anything, but in this case they are charged with not being able to consent to themselves.  Confused?  You should be. Just another display of our overly puritanical society.

On Phelps

I don't see what Phelps did that was so bad.  There is a picture of him smoking out of a bong.  If only he were as good as all other superstar athletes, like the ones that use steroids, beat their girlfriends, and do all sorts of other things.  How many athletes have been arrested for drunk driving in the past year?  Probably over a dozen.  And that's a lot worse than smoking some marijuana, since they put others in danger, something that it seems Phelps did not do.  

And then there's the issue of his sponsor, but I'll allow Radley Balko to air the grievances on that:

This would be the same company that for decades has been encouraging children to start the day by inhaling sugar by the spoonful. It’s also the company that still proudly bears the name of the man who advocated yogurt enemas and pouring carbolic acid on the clitoris to prevent women from experiencing sexual pleasure.

Yes, it would be a shame to see a 14-time gold medalist’s bong hit tarnish the company’s image.

Jury Nullification: Our last defense against the state

Courtesy of Reason, I have found an interesting Boston Globe article on a jury nullification case.

Jury nullification is when a juror votes to acquit a defendant who has clearly broken the law based on a reasoning that the law is unconstitutional or immoral.  In the 19th century, many juries would go against the law to help a freed slave retain freedom, a just cause.  Nowadays, most nullification cases (like this one) are for drug related crimes.  In this specific trial, the juror correctly stated that federal laws prohibiting the possession of cocaine are unconstitutional because it took a constitutional amendment to ban alcohol.  By that standard, there would also need to be an amendment to ban cocaine.  There is no such amendment.  This was a case of federal law, NOT state law.  

In the above referenced trial, the juror was removed by the judge.  Judges really hate jury nullification.

I see it as our last defense, and so do countless others, such as Ron Paul.  If you are ever in a case where the defendant is guilty as hell of a crime that should not be illegal (e.g. gambling, drugs, prostitution, etc.) vote to acquit, no matter what the judge says.  But unlike this guy, never admit to what you're doing.  Vote with your conscience.  Laws change, morals usually do not.

For more information jury nullification, please visit this site: http://www.fija.org/ 

Stupid Laws (TX Edition)

Supposedly a new law requires all computer shops in Texas to have a private investigator's license, or else they could face big fines and jail time.  So would a consumer who took their computer to an unlicensed shop.

If this is true, it is complete horseshit.  A PI license does not make someone eligible to repair my computer.  Most likely the bonehead legislators passed this law without reading it.

What's next?  Requiring barbers to have MDs?