Saturday, July 23, 2016

All mala-prohibita laws are pre-crime

I think it really is a true statement.  I'm not just talking about smoking pot either.  Speeding, Drugs, Alcohol, Concealed Carry, building permits, vehicle registration, osha requirements, handicapped parking, jay walking, failure to file, forced education, hate speech, forced insurance, sign ordinances... it goes on and on and on.
A mala-prohibita crime is really any crime that isn't listed in the Torah, or basically has no tort or trespass. If you do no harm and are presumed innocent until proven guilty, anything is lawful so long as it doesn't hurt someone else or violate the basic laws of 1) tell the truth, 2) keep your promises and 3) mind your own business and stuff.  The law of love (Do good to others as you would have done to you)  is really all we need to have a happy and safe world.
Our situation comes from the long growing idea that being responsible for yourself is not necessary. All of these mala-prohibita laws came about because some individual caused real harm in the course of doing something else that only had the potential of causing harm.  Because our justice system does not use biblical restitution, it has failed to appropriately punish true crime while at the same time punishing non-crime.
Heck breathing could cause potential harm.  Once you accept ANY prohibition that is outside true harm and intentional mallace as a legitimate idea, you have given the state complete power over you. This idea has slowly and completely perverted our justice system.
At the same time, it is probably impossible to codify every possible crime.  It takes a common sense jury of peers to sort out true evil from accident from non-crime and it takes consistent justice to train people to be good jurors.
Let's fire the lawyers and get back to self-government via jury and remove the shackles.   It will be a shocker for many, but it is the road back to sanity and freedom and happiness.

Without personal responsibility for your own behavior
 you cannot be free.

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