Happy 4th of July!

Happy 4th of July!

On this day of celebration I wish to add my contribution of gratitude for all of those who have served our country in the defense of our freedoms! I also wish to add my support and well wishes to all of those who are fighting that same fight today.

In addition, I am especially grateful for the patriots who have come along at various points in history to remind us that we have allowed control of our lives to be given up to others who would wish to exercise control over us without our full understanding and consent. The founding fathers were initially seen as traitors to the established government in their day. They had to act because they simply could not stand by and watch any longer while tyrants took, what they saw as, those freedoms rightfully belonging to the people away and replaced them with permissions and privileges.

I'm not sure why it has happened, but what I know for sure is that it has happened. What has happened is our inherent rights have gradually been usurped and replaced for benefits and privileges. We have surely become convinced that these are necessary for us to maintain our freedoms. HOGWASH! Our freedoms have existed prior to all of these and do continue to exist to this day. Unfortunately, however, we all pretty much feel that to stand up and speak out in defense of our inherent freedoms will land us in jail. It is this fear that keeps us all in line for the most part.

What is so amazing is the complete and total lack of any organized effort to do something about the wrongs we all know exist, and talk about with such regularity, that make us so disgusted with our current government and elected representatives. For some reason we have it in our mind that to do something patriotic would just require too much effort, too much sacrifice and there is little chance that it would all make much difference. Of course, we are all probably right about this and we will all likely have to wait for things to get much worse before we actually decide to do anything severe about it. But my question would be; How much worse can things actually get?

Here are my disconcerting observations, which I will follow with a few suggestions of little things we might be able to do to actually make a difference:

Disconcerting observation #1:
Way too many people are in prison in this country! Not only that, but our prison populations are represented by a majority of those who are in poverty or are in racial minorities. The United States actually has the largest percentage of it's population in prison compared to any other country in the world! Of course, a common response I hear frequently to this is that we are the only country in the world that has the patience to put people in jail, while most other countries just execute their wrongdoers. While I suppose this may be true in those countries ruled by tyrannical dictators (or regime's that don't have much regard for the sanctity of human life), it is not the case in those countries that are more progressive than the United States. I have a sneaking suspicion that there are potentially some other reasons this is the case and I think it has something to do with money. I also believe that the ability of our systems of incarceration in this country to actually reform those who have committed crimes is woefully insufficient. Not only that, but the number of people in prison for victim-less crimes (such as traffic code violations, drug possession - not using mind you - just possession and weapons charges - again not actually using the weapon, just carrying or having in possession without the required permits or permissions) is unacceptably high.

So, what can we do about it:
1. We can advocate, and lobby our elected representatives, to do away with any jail time for victim-less crimes. Violations without an actual victim should never result in time in jail. Instead, we should advocate a sort of 3 strikes and you have to pay a fine type of system. Too many families and otherwise potentially productive lives are destroyed because of jail time (not to mention court fees and fines) over a mere infraction which does not have any victim or harm actually committed. This would result in police having to document 3 warnings given out to code violators before they can actually issue a citation where the person could incur a fine.

2. We can also advocate for additional resources (saved by not incarcerating code violators) to be devoted to actual mental health assistance or counseling for inmates to allow them to actually receive needed help in achieving reformation. We should also be advocating for more mental health resources devoted to the private sector to hopefully eradicate the problems that could result from those that suffer from various levels of mental health issues, who may be more likely to commit actual crimes.

Disconcerting observation #2:
The rich are getting richer, the middle class and poor are getting poorer! I don't think I really need to say anything more about this, but I will anyway. Obviously, it is not the observed outcome we tend to have disagreement on, but it is the possible solutions that we can't agree on that stifle our action on this front. Unfortunately, I think this problem is the result of apathy on the part of all Americans. We have let ourselves get in a position of ignorance as it relates to what money is and how it works in this country. We have allowed ourselves to be told by others how things work and what we must do about it. This is the main reason the wealthy have so much wealth; most achieved it through knowing something that others didn't and the disparity of information was capitalized on to their gain. The government is doing the same thing to us. I suspect they have a few secrets they have kept over the years from us as it relates to our money. This information is keeping us all from enjoying the abundance we all know is possible if we could just gain a little perspective, information and responsibility in this area.

What we can do about it:
I really like the universe of Star Trek as an inspiration for a potential solution to this problem. In the world of Star Trek there is no money. Everybody understands two things in the world of Star Trek; 1. There is no medium of exchange besides your contribution to the society at large and 2. That everyone's contributions to the society as a whole allow everyone to have more than they would ever need in terms of stuff they might want (as well as some advanced technology that make providing for basic needs of life a mere command to a computer system somewhere). Obviously, there are those who take more than they contribute in the world of Star Trek, but in that world I think they have figured out that this is OK, as long as the cultural conditioning remains intact that keeps most people convinced that these kinds of selfish behaviors only result in a drag on the system and are not ultimately worthwhile for the good of the whole society.

To take a cliche from John F. Kennedy, we need to ask not what government can provide to us, but instead ask what we can contribute to society. I don't know if this small shift in thinking is actually possible or not, but I think if we all could begin to see the potential of this kind of attitude shift, it could result in magnificent changes occurring very rapidly to our economic situation here. I also think a big part of the problem is not knowing what we don't know. I am hopeful, however, that as technology becomes more advanced, and less expensive, education will only increase and we will hopefully begin to learn the things we didn't know before and decide to be more responsible and contribute more than what we take.

Disconcerting Observation #3:
God bless the USA! I don't know if anybody else in this country feels the same way I do, but this phrase just rubs me the wrong way. I know many of the reasons for the belief that the America's are some sort of promised land go way back and are rooted in religious teachings (obviously since most sentiments involving God are religious in nature), but I wonder why would God love us, or choose to bless us, more so than other countries in the world? My wife says that people are not supposed to compare their blessings to anybody else's, but if you only choose to see the good things that happen to you as blessings and ignore any of the bad things (those are apparently not blessings, after all) that happen, I don't see how this is productive. I tend to see it as all a matter of consequences. If we make good, informed choices, we will likely have good consequences and if we make poor, or mis-informed, choices we will likely have unfortunate consequences.

What to do about it:
We need to let go of the belief that God chooses to bless our country any more than any other country in the world. If you must maintain a belief in God, just remember that God is God of the whole earth and not just your little section of it. God loves all of us no matter what color skin we have, what we prefer to eat or where we happened to be born or choose to live. Why can't we be more willing to say that God loves all of the children of the earth equally and not stand by when other countries treat their inhabitants as second class citizens or slaves. I guess there are those that see the USA as being blessed first and therefore owing a duty to the rest of the world, I guess that is OK as long as the perspective includes the added sentiment of "Now God needs to bless the rest of the world through me (or us)."

Of course if we insist on that belief, we have to understand that other countries may not see things the same way we do. We can't be arrogant enough to think that we must be the world's police. We have to seek first to endow other countries with their sovereignty and then seek to defend ourselves from those who would actually represent a credible threat to our borders. I believe, however, that if we were less defensive in our posturing that other countries would not be so quick to respond in kind...but I acknowledge that I may just be naive in this thinking - but I can't let go of the thought that disarmament has to start somewhere, why not with us? I think we need to treat other countries more like our neighbors and less like strangers from a strange land with strange beliefs that we are quick to blame for our problems.

Obviously, this tends to bring to mind the problem of our age known as terrorism. While I can't say with any level of certainty the reason the terrorists choose to do what they do, I think it might be because of our arrogance in times past in treating other countries as subjects to us rather than the sovereigns they should be treated as. While I can't claim to be any kind of expert on this, it is my suspicion that there is more to the story of what motivates terrorists than we are often told in the media. There really isn't any incentive in this country to tell the story of what led up to the terrorist decision to act. Of course, it could just be as simple as an un-diagnosed or untreated mental health condition as well.

Overall, while I think some things continue to need improvement in this country (and the world as well, obviously), I am fairly optimistic. I am encouraged by the prospect of patriots who stand up for what is right when they see wrongs being committed whether domestically or internationally. I am also encouraged by advances in technology and what it is doing for our ability to access information and have answers to difficult questions or situations we encounter that we may need help with. To be better informed can only be good in terms of helping us get beyond the problems we face. These advances in technology will only continue to benefit countries with more serious problems than we face in terms of poverty, civil war or education. I really think that advances in understanding and communication can lead to monumental changes. Perhaps in that sense, the pioneers of modern technology can be seen as the patriots of our day.

So as you go out and have your barbecue and light off your fireworks and have your time with family and friends, please remember to give a little salute to the patriots. To those who stood against those things that most others were unlikely to stand up for because it was unpopular or unconventional, even (and especially) when it meant the potential to lose their life in doing so. They are the hero's. The one's who go before and lead to accomplishing real, significant and monumental changes, that afterwards, we can't imagine what life would have been like without them.

Happy INDEPENDENCE Day! Please enjoy any alcohol, fireworks and other pyrotechnics responsibly.

Love me Jesus

I was recently found guilty in a court of law for committing a crime. Once the jury pronounced the verdict, the reality of the guilt all came crashing down on me, but I knew that I had done what the authorities had said I had done and there was no use in denying it. I became resigned to my fate. I awaited the sentencing, hoping that I wouldn't be cut off from my family and friends for a completely unbearable amount of time by the judge.

The judge began, "You are hereby sentenced to a prison sentence of 25 years in a maximum security penitentiary. However, your sentence has already been carried out. You see, you are qualified to participate in a new prison sentence recovery program. Because we have several prisoners who have been found to be not guilty after serving nearly all of their sentences, we will apply the time that they served (in their innocence) to your time that you have been sentenced to. Because of this program, your effective days in prison equal zero for this crime."

WOW! How awesome is that?! I ran out of the courthouse jumping for joy. Justice was served! Or was it? I, essentially, was able to get off scot-free, even though I was actually guilty as charged. I began to feel some remorse. I began to wonder about whether or not I could go on knowing that I was guilty of a crime and yet received no real consequence. I began to wonder if this treatment was tenable as a long term solution to crimes committed in society. What would be the deterrent to committing crime if nobody ever served any jail time? Sure I was happy to be free, but I didn't deserve to be. Can I live with knowing that someone innocent paid for my mistake and I am powerless to do anything about it.

Then my mind was drawn to that poor fella who basically served out my prison sentence for me. Do I owe him a debt of gratitude? What would possibly be sufficient to pay back something that really never could be paid back? I tried to forget about the poor sap, but I couldn't help but wonder why things had to go down the way they did.

How do I really feel about this scenario? I don't really like it. It seems to encourage crime because when there is little to no perceived consequence for doing something wrong, that seems to be an invitation to repeat the unacceptable behavior. Something deep down tells me this would just not work.

At this point I should say that I have not really been convicted of any crime (other than traffic court), but I wanted to explore the possibility of this scenario with you. The other reason I am writing this imaginary tale is because this is exactly what Christians ask anyone who believes in Jesus to do.

Christians say that because we all sin and fall short of the glory of God (not sure why this is, by the way, or how, as a child of God, I could immediately be cut off from his presence due to someone's behavior over 6,000 years ago - which was a no win situation since there were supposedly two conflicting commandments given for Adam and Eve to keep) we are basically convicted eternally for this "crime". The punishment for which is that we are all forever banished from the presence of God.

So we are all guilty of some crime (perhaps of being an enemy to God, which still begs the question, why would God create enemies for children?) and are told that we are not even capable of carrying out the punishment for such apparent wrongdoing ourselves (which to me is extremely frustrating...I hate being told I am not capable and I would never tell my children that. Can you imagine, "Oh sorry son, you're just not capable...") so we need a perfect, innocent savior to pay our price (serve our sentence) for us. This is the perfect plan of an all-knowing God of the universe? What happens when God realizes, what we all know deep down, that if you pay people's punishment's for them, you end up encouraging the behavior you are trying to avoid? Everybody likes being given things they don't expect, but when people are given salvation from punishment there is no lesson learned and the behavior really doesn't change.

Of course, all this redemption must have a price. So God says, the price is set by Jesus, after all, He is the one we are all supposed to be paying back. So, in my parable above, if I go to the prisoner who effectively served my time for me, what would he want? I would think he would want to just forget about the whole thing and move on with life. So is that what Jesus wants? Apparently there is some confusion among the Christians about exactly what Jesus wants specifically from all of us. The LDS church teaches that Jesus wants all your good works (which are really never enough and requires everything you have or will ever receive and all your time and talents and 10% of your gross income, etc., etc.) and he'll make up the difference (what little is left after all we can do). Wow! What difference? It seems like LDS believers that do all that is asked of them will have more than paid their price and earned their way to heaven. I think many LDS secretly believe that the more they do in the way of good works, the less Jesus has to suffer for our wrongdoing. So they are really noble creatures at heart, they just have to accept the whole Jesus paying my price thing because of this barrier that was built up because of Adam and Eve's screwup.

Anyway, this is all making my head hurt (must be those terrible demons), but it is my ongoing reaction to the question of whether or not I think God exists. There is so much lacking in common sense that people have to swallow in order to believe in God. I will try to outline more in the future.

Stickin it to the man!

Recently my mind has been extremely occupied by strategizing and preparing to respond to a speeding ticket I got last month. I thought my approach was perfect. I sent a couple of extremely well researched legal motions to the court asking for some legal confirmation of the validity of the case against me (ie. subject matter jurisdiction if you want to look it up). I know people think I am so crazy for getting so worked up (and spending so much time) over a $190 ticket that eventually got reduced to $143. But, at this point, principle is purely the motivating force for my actions. You see, I have been questioning the legitimacy of criminal/civil prosecutions that do not follow the guidelines the U.S. Constitution sets forth for due process in this country. 

There are actually a few issues I have right now; 1. State and local governments have created a dubious category of crime known as a violation. This "crime" technically does not meet the requirements for due process that traditional criminal prosecutions/accusations do. This is essentially a way for local governments to earn additional revenue without having to spend money on incarceration or jury trials or any of that other stuff that due process requires. The fine is also seen as a punitive deterrent that discourages the behavior in the future. On the face of it, it seems like it could be a win-win situation. In other words, if I get pulled over for speeding (or any other "violation" for that matter) no crime has technically been committed, however, the state or local government can assess me with a fine that helps their revenue a little bit and acts as a deterrent so I don't decide to speed again in the future. (Personal interjection of opinion: We really are just sheep because we respond so well to this psychological manipulation of behavior by authority figures, generally speaking.) The local government can require me to appear in a court of no record (where nothing is recorded - I even asked the judge for permission to record the proceeding. He quickly said no. I should have recorded it anyway). In addition, they can find me guilty without the accuser having to produce any evidence whatsoever. They can ignore any legal argument (that would normally be valid in a court of record) that you might come up with that should cause the case to be completely thrown out. These are just some of the issues I have with this new category of "crime". They do not follow normal legal procedures that act to ensure objectivity and protect people from unlawful breaches by the government. 

In doing my research, I have discovered that courts that do not follow due process (jury trials, etc.) only have jurisdiction through sufficient pleadings. In other words, both parties agree to the jurisdiction of the court and agree that the court represents a fair place to settle the question of your guilt or innocence. In order to keep from being subject to the court's jurisdiction, you need to ask the court to offer some evidence that it represents a place you can receive due process according the U.S. Constitution, or you can submit to a new category of criminal-like prosecution where you essentially have no rights of due process whatsoever (except what the accusers decide is fair for your situation). If you do not agree to submit to this new category of criminal-like prosecution what are you to do? What can you do? Apparently, according to the accusers (local government law enforcement and authorities), you can not do anything but attempt to prove your innocence in a setting where you have no rights. 

In my case, they found me guilty in their court of no rights and now I am left with an alternative of having my case tried in a court where I will have some rights (court of record) that will cost double what the penalty is for just submitting to the first court's jurisdiction (verdict of guilty). I can refuse to accept that their court represents what I am entitled to receive and choose to not voluntarily submit to their form of due process and I can pay for it out of pocket - Double! Since I am a United State citizen and am protected by the Constitution, I should be able to object to what they are doing since it doesn't qualify as due process, so there is a standoff that is occurring. I am anxious to find out what their next move will be. I am currently in the middle of this standoff. I have notified them that I do not feel that their court had any jurisdiction in the question surrounding my circumstances.

The court found me guilty (where a court of record would have had to throw the case out due to a lack of subject matter jurisdiction) where I repeatedly asked the court to justify its jurisdiction to validate it according to the rules of law. It did not and would not do that, so the court did not have any jurisdiction over the matter. Sufficient pleadings means that the accusing party represents that they have a valid case against you and you agree that the court the accusing party is using to settle the matter meets with your approval as a place you can get fined from (or get a fair hearing, haha!). But what happens if I don't agree to that. Apparently, they fine you anyway and you have to spend more money to get a fair trial in a court of record. The court gave me a letter after they found me guilty where they said I could either pay a fine of $143 or I could pay $307 to appeal the matter (but it's really not an appeal, it's a whole new trial - trial de novo. How ridiculous is that?!?)

2. What is a crime and how should it be enforced? To better understand crimes, we need to first have a better understanding of civil actions. The purpose of government (as it is setup in this country) is to protect and maintain individual rights. If you injure me directly or cost me money because of your negligence, I have the right to sue you. In other words, I should be able to ask the government to act as an intermediary in our dispute and not represent either side, but weigh the evidence we both present to objectively work things out between us. 

With criminal actions there really is no individual party that has been wronged, but rather, it is assumed that crimes represent actions that are generally discouraged or not approved by society at large. An example of this is murder. We all find the behavior of killing someone to be socially unacceptable, so instead of having to go and take the murderer to court to try and obtain justice we just have the government do it for us. This works because in society we value the rights of the dead to be represented to pursue justice for wrongs against society (the deceased in this case, along with everyone else that could potentially become a victim). We say there are some crimes that affect society so much that, in order to properly administer justice, we have the government step up for us and prosecute crimes against society. The penalties may be fines, jail time or even death where the people have decided that is acceptable. Whereas the only current penalties that can be assessed in civil cases is a monetary fine. So we discourage behavior by saying if you act against the laws we have established to provide peace and prosperity in our society we can punish you for it. 

What should be done if the people decide to prosecute for crimes where no one is actually hurt? Should we allow the punishment of actions that represent the breaking of the rules, but do not actually result in an injury to society? Should we be punishing people for 'potential' harm to society? Let's say, for example, I am on a road in the middle of nowhere, no cars can be seen for miles around and I decide to run a stop sign. I could see in all directions of the intersection for miles and there are no cars anywhere. Should I have to pay a fine for running that stop sign? Shouldn't I be credited with being able to make a decision based on the current traffic conditions and situation at that particular stop sign? Shouldn't I have the ability to do that? If not, how much should I have to pay for running that stop sign? Can I just pay in advance? Can I get a discount for pre-paying?

What if I am coming to a stop sign and I see a tree is in the act of falling right where I would have to stop, so I decide to take evasive maneuvers to avoid the falling tree. Should I get a fine in this situation? Maybe or maybe not. I don't have the answers to these questions, but the law does say that there needs to be a demonstrated injury to someone for an action to be classified as a crime. Unless, of course, we just ignore that and allow statists to do whatever they want and start calling anything they want criminal behavior. Where does it stop?

It seems to me that if the people want to punish crimes with the potential for society being injured we need to be awfully sure that those behaviors do actually result in the negative side affects being alleged before we can go ahead and punish those that engage in the behavior. I'll try to remember to follow up and fill everyone in on how my case turns out. Should be interesting.