Tuesday, December 28, 2010

Ruby Tuesday...

Power is never abolished in a well run republic.
It only moves back and forth from institutions of greater or less accountability.
We used to get by with certain classes of public servant who would have a great deal of power with at best minimal accountability.
Teaching used to be the happy hope of every Bus Driver in the USA with a smart saavy daughter, it was the proletariat's idea of a "leg up in society".
Nowadays a classroom teacher is little more than the pedagogical thrall of the State Legistlature, administering, correcting and collating standardized tests. Those tests in turn govern the teachers salary prospects for the most part and strongly influence their reputation the community. Power therefore has passed out of the hands of the teacher and into the state legistlature and whatever jacked up corporate malefactors they've hired to write th damn test.
Now it used to be in the US of A, that Judges, had a wide range of discretion with respect to sentencing criminals or presiding over civil cases. As such, a Judgeship, was a thing to be treasured, sought after by any attorney with grey hair and no offactory issues.
Nowadays, a Judge is little more than a costumed clerk thanks to mandatory sentencing laws and guidelines and whatnot. The whole weight of "getting tough on crime" has fallen heavily on the Judiciary classes and inadvertently strengthened the hand of prosecutors everywhere who had serious hard time threats to impose on the accused should they go to trial.
Take this case up in Moultonborough NH, some poor schnook gets into a verbal dust up with a trepasser and because he is armed, he gets the maximum sentence on a  "felony criminal threatening".
Clearly the Judge didn't have much play here otherwise he'd a just down as his ancestors did and dressed Ward Bird down for scaring the leaf peepers.
Mind you, Humble Elias is on Mr. Bird's side here for the most part (I have a naive belief in the ethical efficacy of Boy Scout volunteers)...But he he tried to but heads with laws designed to suppress urban crime and ended up in the slams.
Personally, I think Governor Lynch ought to read the AG's paperwork real carefully and pardon the poor bastard...Maybe everyone can learn lesson here about how power migrates in a democacy, regardless of the palaver about guns and DA's with a "feminist agenda".

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