Drug prohibition makes a mockery of criminal law

This excellent article (excerpt below) is by Ben Mostyn and Helen Gibbon of the Australian Drug Law Reform Initiative (ADLaRI) based at the UNSW Faculty of Law.

Drug prohibition makes a mockery of criminal law

Recent reports into the criminalisation of drugs in Australia have all concluded that the criminal law is a counterproductive and harmful way to deal with the issue of drug use and addiction, and that prohibition has failed.

It is now time for the legal profession to add its voice to the community’s calls for reform.

Australia’s criminal law has developed over centuries, by legislation and through the courts as part of the common law. Out of this development came some basic concepts that all law students are taught early in their legal education: mens rea (guilty mind); actus reus (guilty act); the presumption of innocence; the right to silence; and the “golden thread” of the criminal law, that the prosecution bears the burden of proving guilt beyond a reasonable doubt.

Throughout history the common law has never developed criminal offences of drug possession or drug supply. Drug offences are mala prohibita (wrong because prohibited). That is, the drug laws have been created by parliaments over the past century or so. In this time, parliaments have severely eroded and ignored the basic concepts of criminal law that are deeply entrenched in the common law and that underlie legislation.

Due to the widespread popularity of illegal drugs and the fact that only a tiny proportion of drug transactions and drug use are caught by the authorities, parliaments around Australia and the world have continually created legal fictions and extended criminal liability to make it easier to prosecute drug offences.

Some of these legal fictions include: “deemed drug” provisions, where supplying a harmless substance (such as parsley or flour) will be considered supplying an illicit drug if you misrepresent it as such; “deemed supply” provisions, where if you are found to be in possession of a certain amount of drugs it is assumed you had it in your possession for the purpose of supplying it to other people; and “deemed possession”, so that if a drug is found in your house it is assumed you are the owner of it, unless you can convince a jury that you had no knowledge of its presence.

All of these creations fly in the face of traditional common law. They infringe the common law right to silence and the right to be presumed innocent until proven guilty. Instead, the onus falls on the defendant to prove innocence. They also erode the concept that the criminal law should only punish acts where a criminal act coincides with criminal intention.

The drug laws have eroded some of the most important protections the common law has given us. …

Click here to read the rest of the article.

[Hat tip: David Peterson]

Superstition?

“When you believe in things that you don’t understand
Then you suffer
Superstition ain’t the way”

Lyrics from ‘Superstitious’ by Stevie Wonder.

Many People delude themselves about their grip on reality…esp many materialist Atheists… whom love to condemn *Faith*.
They agree with the lyrics of Stevie wonders Song, and pretend they only ‘believe’ in cold facts… things they ‘understand’… yet this is self delusion.

Stevie Wonder was blind within hours of his Birth.
This makes me Wonder if he understands what light, sight and colours really are?
If not, is he being superstitious in believing other people really do posess an extra sence that he himself does not?


The Hadron Collider.

Does Stevie Wonder Believe in Gravity?
How Many people… if any… understand Gravity?
Are we all being ‘Superstitous’ in believing it to be a characteristic of Mass without understanding how this is so?
Perhapse we are!
The Bible says of Christ that… For by him were all things created, that are in heaven, and that are in earth, visible and invisible, whether they be thrones, or dominions, or principalities, or powers: all things were created by him, and for him:
And he is before all things, and by him all things consist. (Col 1:16,17)
It interests me to speculate that the quest by Particle Physicists to find the Graviton… is in fact a search for Christ!
(The Un-created Necessary Being… The final destination of the noble quest for ‘the theory of everything’)
What more I am amused by the reality that even if they discovery such a particle that this does not ‘eliminate’ Christ, for Christ then simply may be understood as what imparts the Gravitons nature. Contray to the delusions of folk like Dawkins, such descoveries dont eliminate any so-called ‘Gap for God’…. Theism is not ‘In Retreat’.

The same may be said about the science of the Mind/ Brain in that insights into it’s Electro-chemical processes do not prove the monist denial of the incorporeal inner being as postulated by dualism. Nor does it disprove freewill.
‘Free will’ participates in the formation of Neural pathways, and in the release of neuro-transmitters like Dopamine.
It is false to think that science is proving we are merely ‘Automations’.
That is an assumption. An interpretation of the facts baced upon pre-concieved materialist bias… nothing more.
The Brain is an ‘Interface’ between our incorporeal spirit and our bodies… by which we ‘feel’ our values as physical emotions.

So I laugh at the hypocritical naivety of Atheist Materialists… their vain belief that they don’t live by faith… that they ‘know’ Materialism is true…. that it has been proven!


Socrates about to drink Hemlock
Chærephon, put the question to the Oracle at Delphi, Whether any other man was wiser than Socrates? The answer given was that there was none wiser. Not being conscious of the possession of wisdom, Socrates was perplexed, till at last, after testing the supposed knowledge of many distinguished men, he interpreted the reply of the oracle as meaning that whereas other men thought they knew, he was one of the few conscious of their own ignorance.

The reality is We all believe in things which we don’t understand.
Thus those whom refuse to accept a particular tenet of the Bible *Until they understand it* …are kidding themselves as to the rationality of such a refusal. They are imposing an impossible standard, and as such are committing an act of self delusion.
They are not (as they claim) exercising a superior epistemology which trumps Bible believing faith… but via arbitrary whim they simply choose not to believe.
Dont be duped by the modern propaganda that Science has always been in conflict with Revealed religion!
To the contrary I argue thus: By all means continue the quest for knowledge, yet has not the scriptures proven true enough in what can and has already been weighed and measured… so that we ought to consider it trustworthy in those things which are currently beyond our scope of verification?
I believe this to be both a rational approach, and a wise one. It is the very Basis of science…*Faith!*
Faith that The Universe is intelligible because it was created orderly via Divine reason.

Malum prohibitum

Malum prohibitum (plural mala prohibita) is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute as opposed to conduct evil in and of itself, or malum in se (plural mala in se).

Wikipedia says

Conduct that is so clearly violative of society’s standards for allowable conduct that it is illegal under English common law is usually regarded as malum in se. An offense that is malum prohibitum may not appear on the face to directly violate moral standards. The distinction between these two cases is discussed in State of Washington v. Thaddius X. Anderson:

Criminal offenses can be broken down into two general categories malum in se and malum prohibitum. The distinction between malum in se and malum prohibitum offenses is best characterized as follows: a malum in se offense is “naturally evil as adjudged by the sense of a civilized community,” whereas a malum prohibitum offense is wrong only because a statute makes it so.

Check out Wikipedia’s list of mala prohibita offences and you’ll recognise many, perhaps most, as classic victimless crimes. Of course, all laws prohibiting victimless crimes now on our statute books should be repealed. As a libertarian, writing for a (mostly) libertarian audience, I take that as a given.

What concerns me in this post is not that victimless crimes are on our statute books, it’s the sheer number of mala prohibita offences on our statute books. It’s a number that keeps getting bigger and bigger.

Why is the number of such offences a concern? Because, as honest lawyer Scott DeSalvo points out

More and more things are being criminalized, so the number of otherwise law-abiding citizens who are technically guilty of a malum prohibitum crime rises.

This has the effect of causing everyone to be technically illegal, and thus in fear of a rightful imprisonment and seizure of property for what amounts to perfectly acceptable conduct. This shuts everyone up—no one wants to protest wrongdoing

We live in a society that I am sure all … can agree features too many malum prohibitum crimes (crimes that aren’t like murder, which are bad in themselves, but illegal because a politician said so). Witness the MASSIVE numbers of new such laws—seatbelts, helmets, cellphone use, smoking bans, foie gras bans, etc. that have been passed recently. And also consider innocuous use of marijuana at home—illegal, but not hurting anyone. Congratulations, we are all criminals in a society with too many laws that aren’t sensical or necessary. Now that we are all technically criminals, the government can snoop on us, right? Give me any person, let me snoop through their stuff—I promise, I’ll find some technical violation of some law.

So, you can see, we are on the way [to a totalitarian dictatorship.]

It’s time to call a moratorium on new legislation. Whoever’s driving the ban wagon, for pity’s sake, hit the brakes!

SkyCity worker disciplined over Bible

If you think Christians are free from discrimination in this country, think again. (Note that the MSM doesn’t even have the courtesy—or the literacy—to capitalise ‘Bible’.)

SkyCity worker disciplined over bible

A SkyCity Casino worker has been threatened with dismissal for carrying a pocket bible with her when she works.

Last week Tuni Parata, who has been a SkyCity employee for more than a decade and is currently a tower host at the casino, received a letter to attend a disciplinary meeting on Thursday over alleged misconduct for breaching departmental policies.

The letter said that the possible outcome of the meeting was “a final written warning”.

Mike Treen, Unite union national director, said the action was “absurd”.

“Since when does carrying a bible in your pocket become unlawful in New Zealand workplaces. For some Christians carrying a bible on the person at all times is a vital part of their faith and relationship to God.

“We do not believe that ordering staff not to carry a pocket bible is a lawful or reasonable instruction in a workplace in the 21st Century.”

Treen said the union had tried to reason with the company. “We tried to explain that the image the company is getting for its unhealthy relationship with the government will not be assisted by this stupidity… However our efforts fell on deaf ears.

Calls to SkyCity were not returned.

It’s good to see Mike Treen doing something useful, though! Good luck with this one, Mike.

[Hat tip: Darryl Ward]

‘Brave Boy’ Chace Topperwien.

This beautiful little boy died on Friday (15-6-12)
He was 3 years old.

“And they brought young children to him, that he should touch them: and his disciples rebuked those that brought them.
But when Jesus saw it, he was much displeased, and said unto them, Suffer the little children to come unto me, and forbid them not: for of such is the kingdom of God.”
Mark10vs13,14
May the Lord bring you peace Ryan and Keri.

Joy, Roman, and I donated to his fund.
Though I dont know his Family, nor ever met this little guy, I am filled with grief for them.
There is something terribly wrong with this world that such unjust things happen to the innocent.
It is a Paradise Lost.
The explaination for such a tragic condition is found in the Bible.
Hope is also found therein, through faith.
In God I Trust.

All invited to mourn brave little Chace

Biomimicry… Plagiarizing God’s designs.

When you look up Biomimicry on Wikipedia we are met with the Blind superstition of Atheism
Like Ostriches burying their heads in the sand, Atheists attempt to hide themselves from the knowledge that Living organisms are the handiwork of the God of scripture. ie Proof He really Exist.
Instead We are told @ Wikipedia that it was the Flying spaghetti monster ‘Nature’… The Deity of Atheist Materialism (at whose name all must bow!) who is said to be responcible for the existance and refinement of the Biological wonders which we see all about us.
Wonders which display a level of Technology far superior to what Mankind has so far aspired too… via millennia of plagiarizism.


Yet *The scientific truth* is the blind forces of Nature cannot construct complex devices!

This is because ‘Blind forces’ cannot ‘write’ information. A Rational Deity is Necessary to explain the existence of the Biological wonders on Earth.
Atheist like Dawkins attempt to Bamboozle the willfully gullible with statistical probabilities.
By playing games with gargantuan numbers they will look you with credulity and declare the most improbable outcomes (The spontanious generation and evolution of life) are Guaranteed certainties!
Via these charades the most extreme absurdities become iron clad Laws… the principles of Evolution.
It has wisely been said that Belief in spontaneous Generation and Evolution of life via Random coincidences of matter under the blind forces of Nature is like believing a dictionary can come into being via an explosion in a printing works!

Atheists like Dawkins believe that if you take enough monkeys and give them a typewriter each, and then give them enough time, that one of them will accidentally type out a perfect facsimile of ‘War and Peace’.

Wikipedia Quote: “Given enough time, a hypothetical monkey typing at random would, as part of its output, almost surely produce all of Shakespeare’s plays.”

There you have it! The miracle which turns the most improbable outcomes…. the wildest of imaginations… into certainties… without design.

… yet the reality is that beyond a certain point of improbability this becomes impossible. There simply is not enough Time or Matter. The Notion is absurd.

*This is why Spontaneous Generation has never been observed*, nor have *any* of the transmutations which make up the theory of evolution been observed or scientifically verified.
The whole theory is a fantastic fabrication.
*It Never Happens*

All this means that Science and Reason are squarely on the side of Theism and Intelligent design.
Tim Wikiriwhi.

This is the message

This is the message we have heard from him and declare to you: God is light; in him there is no darkness at all. If we claim to have fellowship with him and yet walk in the darkness, we lie and do not live out the truth. But if we walk in the light, as he is in the light, we have fellowship with one another, and the blood of Jesus, his Son, purifies us from all sin. (NIV)

This is the verdict

This is the verdict: Light has come into the world, but people loved darkness instead of light because their deeds were evil. Everyone who does evil hates the light, and will not come into the light for fear that their deeds will be exposed. But whoever lives by the truth comes into the light, so that it may be seen plainly that what they have done has been done in the sight of God. (NIV)

Give me Liberty, or give me Death!