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Friday, June 7, 2013

Watch What You Say to That Cop

Hello My Dear Friends. Boy oh Boy, it seems like you can't turn on the TV or pick up a newspaper (where available) without seeing another story about the government intruding on our lives! It's really getting crazy and, one can't help but wonder, what are they not telling us about? Here's one amazing tidbit that doesn't seem to be getting the attention I believe it deserves. There's a law making it's way through the New York State Legislature that would make it a Felony to "Harass, Annoy, Threaten or Alarm" an on-duty police officer. Um, to do what, now? Yes. This law, if passed, would make it a felony to "annoy" an on-duty police officer, punishable by up to 4 years in prison! It's already passed the State Senate and is being debated in the State Assembly. Now, call me crazy but "annoy" is a pretty gray. I mean, there are many degrees of annoyance. What if you run into Officer Grumpy? It wouldn't take much to "annoy" him, would it? I have several concerns about the wording, and subsequent interpretation, of this law. I'm not a lawyer, but two legal terms come to mind that would make this new law very difficult to enforce. First is "mens rea". This refers to a person's state of mind at the time of the alleged crime. Did they intend to annoy Officer Grumpy? If there is no intent, there is no crime. The 2nd issue is "concurrence". To prove concurrence you must prove that the person had the intention to break the law and cause harm. No concurrence, no conviction. Therefore, it seems to me, this proposed law is, well, goofy. Considering that more than half of our State Legislature is made up of lawyers, it tells me that they're as incompetent as lawyers as they are as politicians. Big surprise! Also, if you're going to create such a law, why have it only apply to on-duty police officers? Why is it not a felony to annoy me? It should be! At least a misdemeanor. If annoying me was a crime, they'd have to handle all government business from the state pen! So, just to be clear, if this law passes, in New York State, politicians can steal from the taxpayers, lie under oath, bribe each other and sell their votes. But, if little Johnny ticks off Officer Grumpy he's going to prison. Yup! You just can't make this stuff up. Clearly these people drank deeply from the well of stupidity.
Po

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