Karl H. Timmerman M.A.J.D. © 2002
All Rights Reserved
A MISSOURI LAWYER'S
FRIDAY NIGHT RAMBLINGS
MoBar Solo and Small Firm Internet Group
SEPTEMBER 20, 2002
Greets and Huggers. Evening of September 20, 2002. Read and reread Shelley's response to my "Criminal Question" post. Very well written. My post had two issues I was trying to resolve: who does the prosecutor represent if there is no complaining victim, (does the State, (we the people), have standing as a victim, if the actions complained of are not crimes against the State) and "privacy" ... if the actions involve two folks in the privacy of their homes: if there is no complaining victim, (Grizzwald vs. Connecticut). It is always easy to applaud a worthy goal, (the common good) ... but not if the means offend our Constitution, ( the ends do not justify the means). Some thoughts.
"Privacy" is the most "fundamental right" we as citizens of our America enjoy: so fundamental, our Founding Fathers didn't deem it necessary to include it in our Constitution. What does "privacy" really mean? It sure does not mean that our well meaning elected representatives can enact only laws that govern the common good. Isn't by definition, "the Common Good," something that benefits us all? What is the "common good" in criminalizing victimless crimes, (behaviors), like consensual same sex, sexual behaviors between adults, some putz smoking dope, a "la madame de noche" plying her trade, (hehehe ... a direct violation of her "Right to Contract"), or some (in my opinion, socially deficient slob), buying fishnet stockings for his sheep. Aren't those "moral" judgments? Don't think our Founding Fathers meant to give 51% of us the "right" to dictate our "morality" to the other 49%. God gave us "Free Will", (our legislators have more power?) Think there needs to be a "legitimate State interest" before "we the people" don the mantle of parens patriae. When did "we the people" agree to protect folks from their own stupidity? hmmmmm ..... maybe it was right around the time we agreed to pay for the injuries they inflicted upon themselves, (SSI benefits for substance abusers?) "Privacy" is a two edged sword: on the one hand, we have the right to not have the State interfere in our daily lives and decisions .... on the other ... we must accept the consequences of our decisions: its called ... "Dude ... your getting a Dell ... but ... Dude .... you have to pay for it!!"
When a "domestic violence" victim calls the cops ... the "Right to Privacy" is dissolved: it is waived. When the State, (in the form of peace officers) are brought into the relationship, the State, (we the people) becomes a party: at the behest of one and the actions of the other. There is a "legitimate State interest" in providing protection to one individual from another. There is no "legitimate State interest" in providing protection to an adult individual ... who adamantly does not want it .... but "we the people" think they should. Guess the issue then becomes ... do they really not want the protection. In that context, what sense does a "no dismiss" policy make?
Love reading THE Ransin's posts: (wonder when he has the time to come up with those really cool quotes?). He is right of course: his observations, (aside from being well documented) ... are on point. Insurance companies are in the business of paying dividends to their shareholders .... not paying claims. They are so good at not paying claims ... they have enough money left over, to spend, trying to convince us they should not have to pay claims, (and then claim the money they have spent trying to convince us they shouldn't have to pay claims ... is causing them to lose money!!) ....... <chuckling> .... and they are succeeding! hehehehe .... "You can fool some of the people all of the time .... all of the people some of the time .... and in politics ... that's enough to win".
Remember reading a couple of weeks ago about how Israel's military occupation of the West Bank has stemmed "suicide bombings" .... they now have good intelligence ... have taken out "the Leadership" .... by political assassination. Guess they believe the ends justify the means. Makes me wonder if they really are "God's Chosen People". Read yesterday about another suicide bombing ...... <shaking his head> ...... in a part of the world where C4 is easier to get that drinking water .... do they really believe they can stop a nutcase with C4 strapped to her chest by knocking down Arafat's compound?
Looks like we may finish what we started in 1991: Saddam. We have troops all over the world ... fighting "terrorists" ... wonder how many troops we have trying to find the folks that bomb abortion clinics ... killing doctors that perform abortions? And the religious nutcases that justify and condone the killing? Good Christians? .... <sigh> .... (I am adamantly against abortion: I believe it is morally wrong ... but also believe a women has a very tough choice to make ... a choice made after a woman visits with her God ..... (didn't God give us free will?)). Reread Roe vs. Wade.
Read the "Walmart" posts ... er .... when did it become Walmart's' obligation to protect our children? Isn't that what Mom's and Dad's do? Having said that ... it really is cool that you can count on Walmart as a backup should you get distracted. Noticed how many grandparents are raising their grandchildren. Their children, the "Me First" folks are having babies. Guess the "Me First" folks have to learn that .... "Me First" ... doesn't work in a marriage .... doesn't work if you are "Mom" or "Dad" .... hmmmm ... or if you are practicing Law. Guess life remains, "On the Job Training".
Had two crowns , one crown prep and 2 cavities filled yesterday ... still hurting ... <sigh> ... getting old is not for sissies!!
Susan was in her office ... just walked by, winked and smiled at me ... hehehe .... and it's early in the evening .......... hmmmmmm .... hold one ........................... ( I would crawl on my bare stomach over broken beer bottles to see her smile.) ............. she wants me to join her in ........ geez .... hehehehe ... do you really think I'll continue to sit here? :)
As always, if my post offends, I apologize.
Karl (the dumb ole country lawyer from Holden, Missouri)