re: #7 EPR-radar

The US legal system is an adversarial system, and a bedrock assumption is made that both sides have access to the facts and have an opportunity to make their respective cases before a suitable judge/jury.

When these assumptions are made incorrect by over-broad application of official secrecy, there is simply no check at all on abuses by law enforcement and prosecutors. IMO, the US legal system is completely incapable of functioning under such circumstances.

The legal system has become a conviction system, plain and simple. We have 5% of the world’s population, but 25% of the world’s prisoners. We incarcerate more prisoners in terms of percentage and actual numbers of living bodies than any other country on earth…and only Stalinist Russia beats us out in historical terms.

Epic rant here from law blog Popehat. I don’t agree with everything he says…but he says enough that is right on the money…

What neither side seems to realize is that the system is not reformable. There are multiple classes of people, but it boils down to the connected, and the not connected. Just as in pre-Revolutionary France, there is a very strict class hierarchy, and the very idea that we are equal before the law is a laughable nonsequitr.

Jamal the $5 weed slinger, Shaneekwa the hair braider, and Loudmouth Bob in the 7-11 parking lot are at the bottom of the hierarchy. They can, literally, be killed with impunity … as long as the dash cam isn’t running. And, hell, half the time they can be killed even if the dash cam is running. This isn’t hyperbole, mother-fucker. This is literal. Question me and I’ll throw 400 cites and 20 youtube clips at you.

Next up from Shaneekwa and Loudmouth Bob are us regular peons. We can have our balls squeezed at the airport, our rectums explored at the roadside, our cars searched because the cops got permission from a dog (I owe some Reason intern a drink for that one), our telephones tapped (because terrorism!), our bank accounts investigated (because FinCEN! and no expectation of privacy!). We don’t own the house we live in, not if someone of a higher social class wants it. We don’t own our own financial lives, because the education accreditation / student loan industry / legal triumvirate have declared that we can never escape - even through bankruptcy - our $200,000 debt that a bunch of adults convinced a can’t-tell-his-ass-from-a-hole-in-the-ground 18 year old that (a) he was smart enough to make his own decisions, and (b) college is a time to explore your interests and broaden yourself). And if there’s a “national security emergency” (defined as two idiots with a pressure cooker), then the constitution is suspended, martial law is declared, and people are hauled out of their homes.

The system is not fixable because it is not broken. It is working, 24 hours a day, 365 days a year, to give the insiders their royal prerogatives, and to shove the regulations, the laws, and the debt up the asses of everyone else.