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showuoff said:It's scarier than that. Not just judge and jury, but policeman, prosecutor, judge and jury all wrapped up in one poorly trained and relatively uneducated booth person.
If people like Lady G and RJohns86 think this is fine, I wonder if they would want to try this on for size: We will train business owners in commercial law. Then if they believe you owe them money and you don't have a credible complaint about their product, they can decide with no appeal to take the money you owe out of your bank account directly or sell your assets to get the money. No independent review.
Or how about this? We train store owners in shop lifting law. The following is a true story. You walk into the store wearing a pair of shoes you bought there last week. On the bottom of one of the shoes is the size tag glued on by the store. The store sees the size tag as you walk up some stairs and stops you for having shop lifted the shoes. They decide on their own that your story that you did not see the size tag pasted on the sole is not credible. And they decide that the soles of the shoes, although dirty, are only dirty enough to be consistent with walking around the store. That they did not see you take shoes or remove the price tags doesn't matter to them. They stop you, and arrest and take the $200 pair of shoes away.
In the real situation, the police came, they arrested the shoe wearer at the store's request, the shoes were impounded as evidence, and the alleged shoplifter was released the next day. He went home, and prepared his case by getting the purchase receipt for the shoes. He showed the receipt in court, and the case was dismissed. He got his shoes back the same day. He retained a lawyer to sue the department store for false arrest, and they settled, thereby compensating him for the damages the store caused.
In Bush's World, the store would be able to take the shoes on the spot, and then decide, without review, that you are guilty because they say so. They convict you, and sentence you on the spot to one year in jail for petit larceny. You have no chance to go home and get the receipt. The store owners decide that your claim to have a receipt is not credible for no partiuclar reason except they don't ever believe those they think are shoplifters.
IF you have someone at home to retrieve the receipt for you, and IF you have $5000 to hire a lawyer, you can perhaps start a court case on your own to allow you to be released from prison. But if you have no one at home to retrieve the receipt or you don't have the money for a lawyer to take a Writ of Habeas Corpus, you must sit in jail for the year. When you get out, the receipt is gone. In fact, the apartment you rented and all your belongings in it are gone. Even if you had the receipt, the store long ago disposed of the shoes so you could not match them to the receipt. You were held in jail for one year, with no appeal and no review on the say so of a store owner that was mistaken, and that ends it.
Lady G. would decide that is all not just fine but actually desirable. We need to stop shop lifters, she would argue, and therefore everyone should carry all the receipts for anything they wear or carry into any store at all times. She would see no problem. The fact that even if you carry all those receipts, the store could still invalidly decide that the receipt belonged to a different pair of shoes doesn't bother her one iota.
People like Lady G and RJohns86 are an object lesson in why police states and dictatorships are able to exist. Some people are simply not smart enough to prevent the taking of their own freedoms, and sometimes will, like Lady G and RJohns86, even argue in favor of the taking of those freedoms.
When the police officer is also the prosecutor, the finder of facts, and the person who metes out the sentence, that is, by definition, what is meant by the term "Police State."
Yes, it most certainly is a police state. And it seems to be going more and more in that direction every day. I think the prevailing American attitude is "Fuck illegals--they don't have any rights", as if being illegal makes you non-human.
I like your examples of the dept. store. I think that's a pretty good way to explain it.
Editted to add: And it's scary that Americans don't see this increasing control and power as being dangerous when in fact, if allowed to continue, it will noticeably and actively impinge on American rights, too--although it's already starting to do so. See, for example, the attempt to violate freedom of assembly for protestors planning to be at the Republican convention.
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