Friday, May 22, 2015

A New Scheme For The Truer Separation And Circumscription Of Powers In Law Enforcement.



I stand by my contention that there is no place for police in a free land.  It is not my intention to go into the argument here, but rather to address a change in the order of things that would improve our current circumstance immeasurably, assuming the retention of such enforcement instruments due to the absence of the political will, guts, and wisdom to move contrariwise.  What I intend here is an architectural plan regarding separation and gross circumscription of practicing police powers.  It is my aim to contrive harnesses by which to restrain the now out-of-control elements of American "government" that have eroded our freedoms to their current threadbare state.  The so-called "law enforcement" arm of American government is the first and last line instrument of the tyrants' hands and those hands must be bound if we as a nation are to survive as such and hold any meaningful hope of attaining something approaching even the fringes of freedom.

As things currently stand, the United States teeters on the brink of becoming an officially fascist state, what with all the talk of Trans-Pacific Partnerships and all.  In the event that that terrible agreement becomes our political reality and as with every other foist that belabors our liberties as stone yokes, police and sheriffs will serve as the front-line instruments of enforcement.  That can in no possible way or capacity be deemed as good.

It is now almost impossible to credibly argue against the assessment that police pose a very serious problem in the United States. As loused-up as Europe is, the police there are generally far more under control in terms of how they discharge their duties. In addition, the definition of their duties appears to differ fundamentally in certain respects from those of cops in America.

I would propose that all American law enforcement forces have their wings clipped such that there would no longer be police departments as we have come to know and love them, but would rather be re-tasked as Departments of Criminal Investigations. As such, their ONLY function would be to investigate crimes that have already been committed. There would be no issues of "probable cause", proactive enforcement, and all the rest of the great gems of contemporary law enforcement. That function would rightly fall upon the shoulders of the common man.

Investigators would be debarred the possession of arms while on duty so as not to be lead into the apparently irresistible temptation to usurp and violate. Investigators would possess NO POWER TO ARREST unless they were witnessing an actual felonious act in progress, the same as any other individual. They would investigate allegations, gather evidence, write their reports, and file their reports with the Grand Jury. The GJ would then, decide whether to indict, in which case they draft an appropriate warrant, which would then pass to the sheriff for execution. Note how the judge is left out of this loop.  In this world, the sheriff would be allowed ZERO full-time paid deputies, though he might have some administrative officers who would be utterly and sternly debarred from assisting in the execution of any warrant. The sheriff would be utterly dependent upon the good will of his constituent citizens to volunteer for posse duty pursuant to execution of the writ. Upon formation, the posse would be sworn-in with their oath to uphold, defend, and abide by the Constitution. In addition, every criminal investigator and posse member would be required to reaffirm his oath daily before going on duty such that he would be literally prevented from assuming any position until such time as he swore his oath that day.  Furthermore, all posse duty would be unpaid.

This arrangement would separate the functions, the powers of investigations and enforcement, which I believe we as a nation sorely need. This has the effect of compartmentalizing knowledge, function, and mental investment, thereby greatly circumscribing not only the actual authority, but the sense of authority such that they do not come to assume powers greater than intended. One-time "cops" are stripped of the powers which they now so habitually, deeply, and broadly abuse. There would be no career sheriff's deputies, but only sworn volunteers whose prerogatives as such would be sternly limited to the narrowly defined parameters of the role.

It is my belief that this would effectively de-ball the respective institutions to the extent that the currently rampant and wild abuses we experience daily would be almost completely curtailed without diminishing the intended capacities of the respective offices. It would remove any vested mental and emotional interests from the chains of procedure. If an investigator puts much mental/emotional/physical investment in a case, allowing him to serve on the enforcement side runs the risk of his acting out due to that investment. But if he hands his report to the separate GJ, they are able to approach the case in question with greater detachment. They review the evidence and in the "go" cases, issue warrants which are handed over to the "naive" sheriff who convenes a posse and executes with no emotional investment, save perhaps some adrenalin. Mental compartmentalization leads to narrower function and a far greater ability to control behavior that is today completely out of control.

People would be allowed to volunteer for posse duty, say, no more than two non-consecutive months per year. As with investigators, they would re-swear their oaths every time they are called to duty or every day, whichever is more frequent.

This needs to become the New American Reality because, as things currently stand, we as a people are headed for imminent disaster.

I would be most interested in seeing your thoughts on this.

As always and until next time, please accept my fondest regards.

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