Category Archives: Law

UPDATED: Drug Pusher & Purchaser Innocent In Libertarian Law (On Selecting for Low Character)

Celebrity, Free Will Vs. Determinism, Individual Rights, Justice, Law, libertarianism, Liberty, Psychiatry, Psychology & Pop-Psychology, War on Drugs

The trial of Dr. Conrad Murray, “the doctor charged in Michael Jackson’s death,” drags on. “Authorities contend Murray gave Jackson a fatal dose of the anesthetic propofol in the singer’s bedroom on June 25, 2009. Defense attorneys claim the singer gave himself the fatal dose.” (WAPo)

Murray agreed to become Jackson’s personal physician for $150,000 a month but was never paid because the singer died before the contract was signed.

Jackson, whom I defended when ‘Mad Dog’ [Thomas] Sneddon picked up the star’s scent and gave chase, was a deeply disturbed, body dysmorphic, drug-addicted man. But he was an adult, not a child. His decisions were his to make. He hired Murray to feed narcotics directly into his bloodstream.

If not for the medicine of this admittedly shoddy practitioner, Jackson would have ended-up dead, in a back alley with a needle in his stick arm, a long time ago.

In the libertarian law, Dr. Conrad Murray is innocent (if odious).

A drug purchaser and a drug pusher have agreed on an exchange. If it is voluntary and consensual, then both parties expect to benefit ex ante. A voluntary exchange is, by definition, always mutually beneficial inasmuch as, at the time of the exchange, the buyer valued the purchase more than the money he paid for it, and the seller valued the money more than the goods he sold.

There will always be meddling third parties seeking to circumscribe and circumvent a voluntary activity not to their liking. Some feminists want to stop lovers of pornography from making or consuming it. Other busybodies would like to stop adults from gambling. These third parties have no place in a transaction between consenting adults, unless these transactions infringe directly—not foreseeably—on their property or person.

Any transaction that was at the time of occurrence voluntary, and hence beneficial to the participants, can, retrospectively, be denounced as harmful and regrettable.

The legislator has no place in a voluntary exchange between adults, as dodgy and as dangerous as they may be (like dwarf tossing). Murray might be an unsavory character. He would not be my choice for a medic, but he does not belong in jail.

UPDATED (Oct. 27): ON SELECTING FOR LOW CHARACTER. Some interesting comments have been made below, under Comments. First, not to be schoolmarmish, but addiction is not a disease. Please click “Drug War,” on my Articles Archive, and read some of these titles. The category of “Psychiatry and The Therapeutic State” is also relevant to grasping that the disease model of misbehavior has no place in a free society:

Charlie Sheen’s Out of the AA ‘Troll Hole’
VICES ARE NOT CRIMES
HARRY’S HOUNDERS AND OTHER VILLAGE IDIOTS
Addicted To The Drug War
Tokers Are Terrorists Now
Medical Mumbo Jumbo Does Not Explain Addiction
Addictions Are About Behavior, Not Disease

As to the good points raised in Comments. We live in the real world which is encumbered by positive law. Analysis must avoid, in as much as possible, levitating between what “is” and what “ought to be” (although all libertarian analysis, given its deference to natural law, will so err).

The type of “service” Jackson required from this Murray man was one that few competent, above-board practitioners would agree to perform. I’ve used a similar argument to make the case that our immigration law selects for low character: yes, left-libertarians like to believe that the best and bravest of humanity will cross our borders illegally. As an immigrant who knows a bit about the US visa system, I assure you that this is seldom the case. (Read more.)

It appears that poor Jackson did not have the fiduciary and intellectual wherewithal to sign a contract specifying Murray’s responsibilities. But even had Jackson done that prudent thing, Murray would have likely flouted his obligations, irrespective of the Hippocratic oath he took. See comment above. Risk is implicit in buying a dodgy service such as anesthetizing yourself to sleep every night. However much I paid my doctor, I know she would refuse. She’s a go-by-the-book woman.

What is true is that if all drug dealing were licit, Jackson would have had access to a better practitioner. However, private medical associations would have probably not licensed Murray and would refuse to give their medical imprimatur to individuals who were prepared to anesthetized a man to sleep each and every night (give him his “milk,” as the warped Jackson called this deadly, almost necrophilic practice).

Either way, your best and brightest medics would not be willing to cease practicing in their area of specialty, and contend themselves, as professionals, with the nightly routine of hooking up a celebrity’s IV.

Here’s another clue Jackson ought to have used in assessing the risks of hiring Murray: the man is a cardiologist, for heaven’s sake, not an anesthesiologist. The latter is a specialty in itself.

Regulated Scarcity

Free Markets, Healthcare, Law, Regulation, Socialism

When there is a shortage of a good, it is safe to say that it is a result of government incursion into the economy. And there are reported “shortages—“severe” shortages—in “drugs for chemotherapy, infections and other serious ailments.” The shortages, reports the Richmond Times-Dispatch, are “endangering patients and forcing hospitals to buy life-saving medications from secondary suppliers at huge markups because they can’t get them any other way.”

How would consumer demand have been heeded in an unhampered market?

The urgent demand for a drug would have been followed by a shortfall of supply. Large demand and short supply would initially send the price of the drugs rocketing. Profits in an unhampered pharmaceutical market would signal to the many drug makers that it’s pedal to the metal: time to enter into accelerated production of this scarce commodity.

Walter Olson of CATO provides more details about “the federal government’s widely publicized crackdown in recent years on pharmaceutical manufacturing and quality-control practices” to have played a role in current shortages.

UPDATED: Is A-Jad (Ahmadinejad) The Fall Guy for the AG (Attorney General)? Yes!

Conspiracy, Crime, Iran, Law, Middle East, Propaganda, Terrorism, The State

My latest WND.COM column, “Eric Holder, Gunrunning and a Pair of Iranian Numbskulls,” fleshes out the case that A-Jad (Ahmadinejad) is the fall guy for the AG (attorney general). Here’s an excerpt:

“… If we know anything about the Iranian Special Forces, it is that they are nothing like the schlemiels we’ve just indicted. The two remind me of Chipopo, the hero in a series of Hebrew children’s books I used to devour as a kid in Israel. Chipopo was a monkey. Defendants Mansour and Shakuri’s antics, as detailed in the legal brief that reads like a hastily written potboiler, conjure ‘Chipopo Joins the IDF,’ an adventure in this series. Needless to say, it was not his height that gave the monkey away during basic training.

Enter CS-1.

CS-1 is the chief witness against Holder’s aspiring terrorists, and ‘a paid confidential source,’ who had been ‘previously charged in connection with a narcotics offense by authorities of a certain U.S. state. In exchange for CS-1’s cooperation … the State charges were dismissed.’

Put it this way, allowing CS-1 to conduct a sting operation is a lot like letting a criminally minded attorney general run guns to Mexico’s drug cartels.

Oops. Holder has already done his subversive best to corner that ‘market’ by allegedly authorizing Operation Fast and Furious, in which a gang going by the acronym ATF—the US Bureau of Alcohol, Tobacco, Firearms and Explosives—sold assault rifles to Mexican gangsters and their local gun-runners, who later used their taxpayer-funded ammunition and immunity to gun down innocent Americans and many more, mostly unmentioned, Mexicans. …

CS-1 met Team Chipopo in Mexico. It’s almost like our sophisticates were tracing the smuggling routes of Operation Fast and Furious.

Or perhaps, these simpletons were simply drawn to the original scene of the crime. ‘Elementary, my dear Watson.’

At this rate, it is not impossible to imagine America’s attorney general funneling arms to odd-balls in Iran using Operation Fast and Furious’ as a fig leaf. …”

Read the complete column, now on WND.

My new book, “Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa,” is available from Amazon.

A newly formatted, splendid Kindle copy is also on sale.

Barnes and Noble is always well-stocked and ships within 24 hours.

Still better, shipping is free and prompt if you purchase Into the Cannibal’s Pot from The Publisher.

UPDATE (Oct. 14): This alleged Tehran-directed terror plot was likely hatched in Disneyland (code name for D.C.). But John-bomb McCain is not in the habit of questioning a good cause for American aggression.

UPDATE VIII: America’s Angelic O.J. (No Hearsay, Please!)

Crime, Criminal Injustice, Etiquette, Europe, Journalism, Justice, Law, Media, Morality, Racism, Reason, The Zeitgeist

The following is from “America’s Angelic O.J,” now on WND.COM:

“The conviction of America’s sweetart du jour, Amanda Knox, was overturned this month. Based on O.J.-like evidence, Knox was convicted of murdering her British roommate. The vicious and depraved Nov. 1, 2007 killing took place in the historic, university city of Perugia, Italy. Police bungling notwithstanding, the biological and circumstantial evidence stacked against Knox and her former lover Raffaele Sollecito was considerable. …

…The once-convicted killers were declared innocent, no less, and released, due in no small part to a PR blitz mounted by Knox’s family and their Seattle-based publicist. They were assisted by the country’s national media, left and right. With the exception of Bill O’Reilly, former homicide prosecutor Kimberly Guilfoyle, and Jeanine Pirro; Fox News, MSNBC, CNN, CBS, ABC—all worked tirelessly on behalf of the attractive, white kids. The conviction of Rudy Guede the American media let stand. Guede, the pretty pair’s (alleged) partner in crime, is a black man who lacked their appeal and assets.

… On Nov. 5, 2007, after cartwheeling and canoodling with Sollecito at the police station, Knox framed Patrick Lumumba for Meredith’s murder and rape which she claimed to have overheard. (At that stage, only the cops knew Ms. Kercher had been sexually assaulted.) Lumumba was Amanda’s innocent employer. Knox even committed this evidentiary concoction to writing in a five-page memorandum. Later she blamed police for making her. Amanda’s allergy to the truth cost Lumumba – another black man who remained voiceless in the American media – his livelihood and reputation. …

… Nor did Megyn Kelly, Shepard Smith, Wolf Blitzer, Piers Morgan, Dr. Drew, Oprah (on and on), give the time of day to the victim’s family. In defense of our homegrown popularizers and poor thinkers, however, the Kercher family was way too classy to partake in the circus created by the Ugly Americans and their aides. …

… Comprehending circumstantial evidence demands analytical and deductive thinking. These faculties are becoming rare in the Age of the Idiot now upon us, as was glaringly apparent in the deliberations of Casey Anthony’s jurors. The average individual seldom reads; he knows only what is palpable and perceivable—what he can see and feel. If he can’t picture something—see it happen on YouTube or on CSI—he certainly cannot think about it in the abstract. …”

Read the rest of “America’s Angelic O.J” on WND.COM.

My new book, “Into the Cannibal’s Pot: Lessons for America from Post-Apartheid South Africa,” is available from Amazon.

A newly formatted, splendid Kindle copy is also on sale.

Barnes and Noble is always well-stocked and ships within 24 hours.

Still better, shipping is free and prompt if you purchase Into the Cannibal’s Pot from The Publisher.

UPDATE I: A MEASURE OF THE ZEITGEIST. BuzzFeed wants to know “Who’s Hotter: Amanda Knox Or Casey Anthony?” Intellectually, this item is more honest than what mainstream media has been dishing on the noxious Knox. By lumping the two ex-convicts together—both implicated in “vicious and depraved” deeds—BuzzFeed is disrespecting the duo. At least this is how I optimistically read this contest.

UPDATE II: An interesting thread on my Facebook Wall. I say ideas should not exist in the arid arena of pure thought. Chris Baker disagrees.

UPDATE III (Oct. 7): A comment at TrueJustice.org links to “America’s Angelic O.J.”:

Great article on WND that you linked to Peter. Some nice quotes in it too, such as:

“Ann Coulter offered up a few tart tweets about Knox’s exoneration: – Amanda Knox not guilty, Casey Anthony rolls eyes, says; ‘well, duh…’”

“Comprehending circumstantial evidence demands analytical and deductive thinking. These faculties are becoming rare in the Age of the Idiot now upon us…”

How true, and I must remember that line.

Someone else on the same site’s comments section, however, impugns my column solely because I write for WND, which the writer calls (fairly) “Obama Birth Certificate Central.”

But I am not a “birther.” The comment is precisely the kind of argument to expect in the “age of the Idiot now upon us”: The comment relies on the “well-known logical error known as the ad hominem fallacy. This is the fallacy of thinking one can undermine the status of a claim or argument by undermining the motives or character” or associations of the person who makes it. (I’ve paraphrased writer Mark Rowland’s definition, which I particularly liked.)

UPDATE IV: I like the way writers with a blind spot for crime perpetrated by sweet young females or whites harp-on, and hide behind, the misguided theory of the crime: a ritual or a sexual game gone wrong. As if today’s youngsters don’t sometimes experiment along the lines of the vapid, vampiric films they devour; as if they never enact the alternate reality they occupy. Some kids don’t exist outside their hand held devices, and the stuff they see in these toys.

More to the point, the obsession with motive is another CSI hangover. In “America’s Angelic O.J.,” I clearly say that, “Police bungling notwithstanding,” there is often no accounting for the “subterranean irrational forces that so often propel evil.”

This central stupidity conjures the manner in which Geraldo Rivera exculpated Casey Anthony: “Why would a mother kill her child?”, the Fox host wanted to know.

UPDATE V: Via the grapevine, I am getting word of certain racialists, never rationalists, who are admonishing me for my deductions vis-a-vis the evidence in the Knox case. The claim being that I’ve failed to grasp and formulaically highlight the prevalence of “black dysfunction” in our society. Their implication, I imagine, is that the indisputable involvement of a black man in the murder must automatically exclude the whites. The “case” against me is a grotesque joke, coming as it does from the quintessential American chauvinists who’ve generally ignored (except for tokenism) the largest, if disorganized, racial ethnocide in the 21st century: that of rural, white South Africans. And its chronicler: Guess who wrote the definitive text on that racial enthnocide? And guess who’s ignored that text yet is now lecturing its author about not being sufficiently racial in her treatment of the Knox crime? Your typical, navel-gazing American, Race-Über-Alles paleo. Give me a break!

UPDATE VI (Oct. Eight): NO HEARSAY, PLEASE. Jerri Lynn Ward: As a lawyer, you know that hearsay is inadmissible, and is wrong argument. I try to avoid it on BAB. The information you’ve provided us falls in that category. The source I studied and quoted is a veteran reporter in Italy who was actually THERE, in the thick of the case. She writes for liberals (who generally love Knox) and has no agenda. I know agenda when I see it. Barbie Latza Nadeau’s reporting was as impartial and impeccable as they come, in my opinion. This woman fits the old mold of journalism.

UPDATE VII: Jack kindly left a link to his source on the Knox case, a man called Steve Moore. I perused the site and saw not one hyperlink to a primary source document, meaning court documents, briefs, etc. This is one of those individuals who is postulating from afar. I’m loathe to promote this kind of individual’s verbiage on the blog. For an “investigator” to offer nothing more than a narrative, and no primary documents: that’s is suspect. You are free to look him up on Jack’s advice.

UPDATE VIII: Jennifer mentioned the love-making at the scene of the crime:

Oblivious to the cameras—or perhaps for them—-Amanda Knox (22) and Raffaele Sollecito (25) exchanged a slow, sensual kiss in full view of world media. Not far from where the two kissed lay the body of Meredith Kercher, the English girl with whom Knox had shared student accommodation in Perugia, Italy. Her throat slit, Meredith had expired in slow agony.
The kinky canoodling of Knox and her paramour outside the house of horrors conjured the climactic moment in the film noir “The Comfort of Strangers.”
Christopher Walken and Helen Mirren play an older couple (Robert and Caroline) who live in a palazzo in Venice. They gain the trust of the vacationing Mary and Colin (played by the late Natasha Richardson and Rupert Everett), a young English couple. As Colin sips a cocktail with Robert at the latter’s Venetian residence, Robert suddenly and swiftly (as planned) moves to cut Colin’s throat. He then steps over his gurgling victim and the gushing blood to engage in frenzied sex with his eager wife Caroline.
The two have fulfilled a shared fantasy.

[From “O.J.-Like Evidence Convicts Noxious Knox.”]