What I'm going to suggest to you is close to being unthinkable; it's a monstrous thought that, at first consideration, "feels" like a ridiculous exaggeration, or maybe satire. What I want you to consider carefully, though, is the possibility that our criminal justice system, federal and state, does more harm than good. Might we actually be better off if we had no law enforcement, no prosecutors, no criminal courts, and no jails?

No, I'm not suggesting that we eliminate those functions. I'm not suggesting that eliminating those functions would be without problems, but I am suggesting that it's possible that the problems would be more bearable than the problems being caused by those functions. I'm suggesting that the system has become so destructive that it is WORSE than none at all.

The criminal justice functions have literally been turned UPSIDE DOWN, so that serious crime often does pay, and minor offenses are being punished severely. We are, in many cases, putting truly innocent people in prison while setting seriously guilty people free... not by accident, not because of mistakes, but because of systemic problems.

The old excuse that "you have to break a few eggs to make an omelet" has been revised to "we'll break a lot of eggs and maybe occasionally get an omelet".

Criminal code

This is where it started, and this is where the first blame must be placed... right at the doorstep of Congress and state legislatures. The number of laws on the books increases every year, and the complexity of those laws rises.

Think about crime for a moment... what should be criminal? Shouldn't it be an act in which one person harms another in some way?... physical harm, or theft of property, or fraud? What else would you include in "crime"? It ain't brain surgery... you know when you've been harmed by someone. Why should it be complicated?

There is no possible way for anyone to be sure that their actions are not breaking some law. Each of us is subject to arrest at almost any moment. Every day thousands of people are stunned to find that they've run afoul of the law.

The intent of laws is supposed to be to protect us from those who would do us harm... who would victimize us. Instead it has become a maze of unknown, intricate traps to ensnare and punish us... and at our own expense. UPSIDE DOWN

Law enforcement

If you're old enough, you can remember when police were considered friends; helpful public servants, who had taken a vow to "Protect and Serve". They were respected members of our communities. We admired their patience, their bravery, and enjoyed seeing them. Now, for most people, having a cop approach you brings apprehension of at least having to suffer some inconvenience, and often, at having your day ruined, your bank account drained, if not FAR worse.

Cops now treat us as dangerous adversaries, and talk to us with unfeeling, precise caution. I understand that they can't tell good guys from bad guys, but that has always been true. That was what once earned them respect; they did take some risk in being nice and friendly. Somehow, that attitude has vanished and been replaced by a "play it safe", "treat everyone like a scumbag" attitude. I find it inexcusable; especially considering the fact that being in law enforcement is not a particularly dangerous occupation. They do their best to broadcast every time a police officer is injured or killed, but we all face dangers every day.

I know a few cops, and I know that they're not all bad people, but, on the job, it's easy to be fooled. It's the DAMNED SYSTEM again. Somebody decided that acting like storm troopers would be better. It isn't. It has alienated the public from their "protectors". That's not good for the cops, and is sure isn't good for the citizenry. Cops are putting a lot more people "into the system" then they used to, and they're copping huge quantities of seized property... money, automobiles, and more. They don't seem to feel free to use discretion, or consider circumstances, but rather just make an automatic arrest. Rather than acting like our protectors, they act like adversaries. UPSIDE DOWN

Tomorrow: Prosecution, Trial, and Sentencing - all UPSIDE DOWN