Friday, February 10, 2017

Is this how a police state starts?


Compare and contrast.  Regardless of the presentation, any expansion of police powers in a democracy is cause for concern.  This is particularly true when that expansion is a product of Executive declaration rather than as a result of legislative compromise and action.  The proposal to prevent violence, on its face, is quite admirable.  However, when one considers means there is pause for concern.  Other than fortified settlements, the American approach to defense is that it is the result of a robust offensive capability.  Consider the MAD doctrine promulgated during the cold war.  How might one enhance the protection and safety of Federal, State, tribal, and local law enforcement?  Before we pursue that, as an aside, it amuses me this Executive Order includes tribal law enforcement in lower case and concurrently with the Presidential Memorandum Regarding Construction of the Dakota Access Pipeline which allows private industry to exploit native lands.  But, to the issue at hand.  What makes a strong defense for a police force?  That would include, but not be limited to, improved body armor, more capable weaponry, vehicles more resistant to small arms and rifle fire, and fewer restrictions on surveillance activities.  Of course, more flexible rules of engagement would be a big help.  This would make shootings much easier to justify, based on preventing violence or providing an effective defense. 

February 9, 2017 Presidential Executive Order

Defining new Federal crimes and increasing the penalties for existing Federal crimes will definitely be a boon for the prison industry.

Is the current strategy use of existing Federal laws to prosecute individuals who commit crimes inadequate, if so, how?  How do you define "attempting to commit a violent crime"?

Will the coordination of these items require new agencies capable of exercising multi-jurisdictional authority?  Would this result in increased Federal oversight or a diminution of  State, local, or indigenous people's authority?

Presidential Executive Order on Preventing Violence Against Federal, State, Tribal, and Local Law Enforcement Officers

further enhance the protection and safety of Federal, State, tribal, and local law enforcement officers; and

define new Federal crimes, and increase penalties for existing Federal crimes

develop a strategy for the Department's use of existing Federal laws to prosecute individuals who commit or attempt to commit crimes of violence

 coordinate with State, tribal, and local governments, and with law enforcement agencies at all levels, including other Federal agencies, in prosecuting crimes of violence against Federal, State, tribal, and local law enforcement officers in order to advance adequate multi-jurisdiction prosecution efforts;

review existing Federal laws to determine whether those laws are adequate to address the protection and safety of Federal, State, tribal, and local law enforcement officers

make recommendations to the President for legislation to address the protection and safety of Federal, State, tribal, and local law enforcement officers, including, if warranted, legislation defining new crimes of violence and establishing new mandatory minimum sentences for existing crimes of violence against Federal, State, tribal, and local law enforcement officers, as well as for related crimes;

recommend to the President any changes to grant funding, based on the evaluation required by subsection (f) of this section, including recommendations for legislation, as appropriate, to adequately support and protect Federal, State, tribal, and local law enforcement officers.

From <https://www.whitehouse.gov/the-press-office/2017/02/09/presidential-executive-order-preventing-violence-against-federal-state>

German Police in the Nazi State

Hitler posed as a champion of law and order, claiming he would uphold traditional German values.

The Nazi state in fact alleviated many of the frustrations the police experienced in the Weimar Republic.

The Nazis centralized and fully funded the police to better combat criminal gangs and promote state security. The Nazi state increased staff and training, and modernized police equipment. The Nazis offered the police the broadest latitude in arrests, incarceration, and the treatment of prisoners. The police moved to take "preventive action," that is, to make arrests without the evidence required for a conviction in court and indeed without court supervision at all.

The Third Reich has been called a dual state, since the normal judicial system coexisted with the arbitrary power of Hitler and the police.

I don't know, whaduyathink?

1 comment:

  1. Good work. Maybe some streamlining for the sake of impatient folks....

    ReplyDelete