Sunday, December 18, 2011
Why is our society so focused on prosecuting victimless crimes instead of REALLY punishing true crime?
The US Constitution, the supreme law of the land, defines crime clearly along the following lines, yet few attorneys will defend a client on Constitutionals grounds. True crime ALWAYS involves a victim who has suffered a loss or injury that was reported by a civilian, and is supported by evidence that the accused intentionally caused the loss or injury to the victim. Without these elements, you have no probable cause and, subsequently, no crime. In other words, if I choose to carry a handgun or a bag of cocaine with me, I have harmed no one and therefore committed no crime. The Constitution clearly set up law to be reactive, not proactive, and law enforcement was intended to respond to crime, not act on standing orders in an attempt to prevent crime. My question is, at what point did the law become so perverse? Originally, you had Constitutional law supported by common law. At some point, however, statutory law took center stage and even prempts Constitutional law. Why?
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