Showing posts with label law enforcement. Show all posts
Showing posts with label law enforcement. Show all posts

Thursday, February 26, 2015

Illegal immigration, de facto and de jure

Here is something about illegal immigration that struck me as curious. This was a while back--during one of the previous episodes when it was an especially hot topic politically. When a politician claims that it would be a good idea to take stronger measures against illegal immigration (like, say, building a wall along the US/Mexico border), but some object to such a measure, I have to ask: if we're serious about this law, then why would one object to whatever measures are taken to enforce it? There's actually a whole subset of the law and economics literature dealing with the question of why it is not generally optimal to use the maximum penalties available; e.g. why not punish speeding with ten-year prison sentences. There are a few issues that arise in that literature. In the case of immigration, I think the answer is that not everyone is on board with the law itself: many would argue that the standard for legal immigration should be different. Someone who opposes the law will naturally oppose any measures taken to enforce the law (plus something like a border wall is just so unseemly). So we end up with a de facto standard for immigration: getting into the country without going through official channels, and staying indefinitely, is feasible. Not assured, and not easy, but if you're willing to expend some effort and take some risks, you can do it.

That would be okay--to have an unofficial immigration standard that results from the push and pull between opposing views about the enforcement of the official standard--if not for the fact that illegal immigrants are shut out from so much of American society. Severely limited employment opportunity is the worst part, I imagine, but there is so much more than that. Fear of deportation excludes illegal immigrants from all sorts of rights and privileges to which the rest of us have access. For example, if I have cause to sue someone, I wouldn't generally fear any repercussions from filing a lawsuit. But I would not want to enter into any kind of legal proceeding if I faced a risk of my immigration status being discovered. Even if we disregard explicit threats ("If you don't do ____, I'll call the INS"), there are countless situations in which an illegal immigrant would have to accept something that would be unacceptable to a citizen.

Amnesty is not just about letting them stay. It's also about letting them exist like everyone else.

BTW, what image springs to mind when you hear the phrase "illegal immigrant"? For me it's someone working hard to eke out a decent existence for himself and his family. Not someone we should turn away or turn into a second-class citizen.

Wednesday, December 31, 2014

The police state, or maybe the police municipality

Tomorrow a new law goes into effect in Austin. It will be illegal to use a cell phone, as well as a variety of other devices, while driving or cycling, unless the device is being used in a hands-free fashion. A question this raises in my mind: will the police abide by this law? In Austin, as in probably just about every jurisdiction in the U.S., police have laptops mounted in their vehicles. More than once I have observed a police officer looking at his laptop screen or tapping on the keys while his vehicle is in motion. (The law seems to prohibit touching the device while in motion, so I guess simply looking at a screen of any kind would be within the letter of the law, as would touching the device when the vehicle is at a full stop.) I seem to remember hearing a story or two about this kind of behavior on the part of the police causing an accident, although I don't have a reference.

So I wonder, will police officers be expected to refrain from touching any of their electronic devices while driving? And even if the official policy is that they must, will they actually do so? I doubt there would be any reprisal against an officer for breaking this law in any instance where it did not lead to an accident. It's hard to imagine one officer writing a fellow officer a ticket for laptop use while driving.

Wednesday, December 10, 2014

Torture

Here's a hypothetical:

Let's say that the police have a man in custody who has kidnapped a child and hidden the child in a location that he refuses to disclose. Let's also assume that inflicting physical pain on this man is the only way to get him to disclose the location, that there would be no permanent damage caused by this infliction of pain, and that there is no other way that the police will be able to find the child. Is it then okay to torture the man for the sake of the child?

Friday, December 5, 2014

Good questions to ask about the chokehold

I'll say up front that I do not have the answers to these questions, that I am not supporting or opposing the use of the chokehold by law enforcement, and that I am not expressing any opinion about any specific incident. This post is, however, inspired by discussion of specific incidents, in which I find that people often focus on one issue to the exclusion of others. That is one of my primary objections to debate about all sorts of issues.