When fiscal conservatives complain about the ever increasing cost of government programs to "take care" of people, they are frequently accused by liberals of wanting to let people "live under a bridge" without the safety nets that liberals have dreamed up. Many in our society are very willing to chase whichever politican offers more "goodies", not caring when the politician says he will take the money from "big corporations" or "rich people". In the past, American's were willing to bet on pursuing with hard work their own dreams to ensure their future prosperity, but today, too many people have given up and want to demand no strings support from those whose success they envy.
While care of seniors, and the cost of providing medical care for them, needs our attention, (modern society has substituted expensive government safety nets for the intergenerational family support structures of the past), one of the biggest areas of concern in our society should be for the next generation who are seeking to make their way, and will some day be depended on to pay for the expensive government programs that liberals are dreaming up.
Many of these kids are likely to be among those who don't have health insurance. They may be more drammatically affected by the rising costs of rent, or even worse, eviction from a residence whose landlord is being foreclosed upon. They are vulnerable to being fired for baseless sexual harrassment claims by customers, or to being fired when they vent their frustration about baseless complaints to an investigating supervisor. When some of these individuals feel "trapped" in their current situation, that they have no where else to turn, is that all we should consider, or should a deeper look be done?
In California juvenile court waiting rooms, there is a magazine with a title along the lines of "Your Child and The Law". It tells parents about their responsibilies to take care of their children until age 18, except in very limited circumstances when the child petitions for emancipation.
A parent sitting in that waiting room, who has been trying to do everything possible to help their child, but is helpless and yet still responsible in the situation of a 17 year old refusing to obey court orders can be very frustrated by those requirements. Even more frustrating can be the section that gives the name of "pushout" to the phenomenon of parents who have to have the child move out at 18. Many parents may have spent years trying to prepare their child with warnings about the reality that living in the home past 18 depends on the child either
- going to school,
- or working to pay rent,
- and in either case, being a non-disruptive member of the household.
To see that liberals have given a term like "pushout" to this, with the implicit shift in blaim to the parents, can be very frustrating for the caring parent. How about instead using a term like "turn away" to represent the child who has turned away from a refusal to honor their parents and give a proper response to the support that the family has offered?
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The real difference is that conservatives favor personal responsibility and giving people a rope to help themselves. Many conservatives will readily admit to the ropes they were offered by others. And they used those ropes, they didn't depend on a safety net. But today, there are many resting in safety nets who could be providing services and climbing ropes out of their current situation. In some of these cases, these people are young adults who have passed up countless ropes given to help them on their way:
In these kinds of cases, often the "need" of a safety net can be traced to repeated refusal to use the ropes offered. How much responsibility should society bear for those who refuse to do what is necessary to lift themselves out of their present circumstances? |
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Can we blaim the conservative who acknowledges the ropes he was given and used, and frustration at being forced to pay for safety nets for those who are too busy practicing "entitlement" and "blaim" to have time to use a rope to better themselves. Why shouldn't we all be frustrated with those who would rather use the safety nets like a hammock than to work hard and climb the ropes like their forefathers did? Why do we blaim the conservative who says "No one gave me a hammock, why should I have to pay for a safety net to be used like a hammock by others?"
Just saw a commercial from the AMA (American Medical Association) touting their proposal to require everyone to have health insurance. They have a website www.voicefortheuninsured.org.
I wondered if the site would have anything about the personal responsibility of healthy living and making responsible choices about the use of health care, or only be a way to generate more demand and money for the services of AMA members and pharmaceuticals.
The site is full of stories about individuals "struggling to survive" without insurance, from the 46 million people in the U.S. who they claim don't have health insurance. Those who choose to go without insurance are represented as lacking in "personal responsibility".
Not surprisingly, not a word about the personal responsibility to live in a healthy way. Nothing about discouraging the over use of emergency rooms. Didn't find anything about requiring citizenship. Only stuff on their website about personal responsibility to buy health insurance, and tax penalties for those who choose not to purchase health insurance, and new government programs to tax "rich people" to provide insurance for "poor" people.
Here is a story you won't read on the AMA website:
- I know of a family that had an income of less than $4K a month in a county where the average family income is $10K or more per month. It is one of the most expensive counties in the U.S.. The family decided to do without an expensive $700 a month Kaiser health insurance policy when they realized how few times a year they really needed to go to the doctor. When friends with government benefits like Medical would run to emergency rooms for all their needs (they had no incentive not to), this family made sure to schedule their needs with a doctor whose services they could pay directly for. They realized just one month of Kaiser premiums would pay for quite a few doctor visits, even in their county. They worked hard to exercise, eat more healthy foods, avoid meat, don't smoke, don't drink, and pursue natural remedies to improve their health. They saved tens of thousands of dollars in health care costs over several years. They used some of those savings to visit foreign countries where more comprehensive medical and dental care is available for a fee much less than in the U.S.
The AMA would like to use the force of government to take away that choice. They need the money of those who avoid health care costs through healthy living choices. The AMA proposal is to require anyone with an income of 500% or more of the federal poverty line to be required to buy insurance without any subsidy. For an individual that is $52,000 a year, and for a family of three, that amount is $88,000. Given the cost of a Kaiser family plan as an example, at about $8,000 a year, this amounts to an extra TAX of 10% on the family! Those below that income level would also be required to buy insurance, but don't worry, the government will be there to "help" them.
The website complains that it is a problem when low risk people opt out of paying for insurance because they know they are not likely to need it. The AMA claims it drives up the cost of insurance for the more needy people by at least $900 a year.
Their proposal includes various credits for lower income people to pay for insurance, which they claim would be funded by penalties on those who go without insurance. They have no data to say if they expect to make enough money from this penalty to pay for the credits to lower income individuals, but its probable additional taxes would need to be levied to support the low income health insurance subsidies. So the actual cost burden for a "rich" family making $88K or more would be several percentage points higher than just the cost of their own insurance premiums. Of course Senator Biden says it is our patriotic duty to pay more taxes.
Lost in the debate, except for blog articles like mine, are the people who choose to self-insure themselves, or their families, or their groups. For example, the Amish refuse to buy health insurance, they consider it to be a form of gambling. Instead the community bands together to pay for the health care that they need from doctors outside their community. I know entrepreneurs who barter with their dentist or eye doctor in exchange for their dental and eye care. The last time Hillary had a chance to bring about universal healthcare, she wanted to make it a crime to choose to pay for your own healthcare.
The AMA site speaks in warm terms about the new mandates in Massachusettes requiring everyone to buy health insurance.
Are you willing to see your ability to choose to live healthy at a reduced cost taken away in favor of a 15% tax to give more money to AMA members and drug companies?
| followup... I was just looking up information on the various ballot propositions in California, and found at the joinarnold website that one of the issues Arnold Swarzeneger wants us to join him in promoting is forcing everyone in California to buy health insurance. Not surprising, he's long been seen as a democrat in the veneer of a republican. sigh. |
This is a funny and engaging video of a law professor telling us why we should never talk to the police:
- shorter version, doesn't include officer Bruch: http://video.google.com/videoplay?docid=-4097602514885833865&q=don%27t+talk+to+the+police&ei=WuM9SM6yHZP8rQL4p6iSBA
- 47 minutes: http://video.google.com/videoplay?docid=8167533318153586646&hl=en - Talking to the Police by Professor James Duane - 47 min - Jul 15, 2008
- Professor James Duane's now famous 5th Amendment lecture - popularly known as "Don't talk to the police!" - has amassed a considerab...all » Professor James Duane's now famous 5th Amendment lecture - popularly known as "Don't talk to the police!" - has amassed a considerable internet following. The lecture, given as part of Regent Law School's spring preview weekend.
Notes on surprising things:
- Things you tell the police can not be used for you! That is hearsay! "That ought to be reason enough to keep your mouth shut!"
- You could admit your guilt with no benefit in return! "Senator Larry Craig can explain all of this to you!"
- In 25% of DNA exonerations, may people made a confession or other statement to the police that led to them being found guilty of a crime that they did not commit!
- Examples: Earl Washington, convicted of a rape and murder that he did not commit. He was mentally retarded, and confessed to several crimes at the request of the police.
- Even if client is innocent, and denies guilt, and mostly tells the truth, he is likely to say something that is a partial truth, and the police will hang him for it!
- People get carried away, and say one small thing that the police can prove as not true, it can get you convicted.
- Even if your client is innocent, and doesn't tell any untruth (very slim chance of this), he will always give the police some information to help convict him.
- "I never liked the guy". We proved he was in Virginia Beach, motive + opportunity. Juries eat it up, people get convicted.
- Ohio v. Reiner 532 U.S. 17, 20 (2001)
- Ullman v. United States, 350 U.S. 422, 426 (1956)
- Your speech to the police can incriminate you if the police don't remember the conversation accurately!
- Pop quiz:
- Asking how many people were shot in the apartment. Lots of people thought three. But shooting was never mentioned.
- This is how the human mind works! That's the problem!
- Asking how many people were shot in the apartment. Lots of people thought three. But shooting was never mentioned.
- Example of incriminating someone claiming they never shot a gun,
- Gambling with a client's life even if allowing a videotaped interrogation. "Any exculpatory can be used against you." "Take Justice Jackson advice and say 'No thank you' to the police"
- "I don't know who robbed that store. It wasn't me. I wasn't even in Virginia Beach. I was four hours away visiting my mom." - Client wants to talk to the police. There is nothing on its face incriminating about all that. Even if you believe the client, you know him well. Not admitting motive, opportunity, or anything. How can this can come back against us? You're dead wrong! Everytime you talk to the police you will regret it!
- Pop quiz:
- Even truthful answers can be used to crucify you even if they have false evidence that something you said was untrue.
- What if you later find out they have a witness (an old girlfriend) who swears she thinks she saw you near the robbery? False, mistaken, confused, but credible witness.
Recent celebrity examples:
- Martha Stewart - They couldn't pin it on her, but she talked to the police and denied it, and they charged her with lying and got conviction.
- Maryanne Jones - Did she ever use steroids? She said no. Later it was found she was lying.
- Michael Vick - At sentencing, one of the things they made his sentence harder, on his initial meeting with police he denied his guilt.
"Justice Jackson was right. Any sane competent lawyer will tell his clients not to talk to the police!"
No way to predict whether truthful information will spell your demise!
"God Bless America! God Bless the geniuses who gave us the Bill of Rights!"
The other side of the story
Starts at 27 minutes
Officer George Bruch - Virginia Beach Police Department
- (His part is not in the short video)
- Interviewed thousands of people. Criminal investigator. In Spain, Italy, etc., most interviews start physically.
- "How do I quit getting speeding tickets?" - Quit speeding. Anyone drive here? Go above 55? Professor: "What are hands doing going up? I told you not to talk to the police." People are inherently honest, and they want to tell their story. If you drive 55, you'll be rear-ended!
- I could follow anyone, and find something illegal they did that would justify pulling them over.
- Many people admit to "speeding slightly" in their initial contact with police, justifying a conviction.
- "People are stupid. Your clients are stupid!" A defense attorney told me his client is stupid. They do foolish things, they talk to the police.
- In my past, I've interviewed thousands of people. I've dealt with 1000 felonies, 2500 misdemeanors, 98% conviction rate! 80% I didn't need to go to court, they confess! Even hardened criminals like to tell their story.
- What is the thing you want the most in the interrogation room: To get out of the room!
- Policeman doesn't care about getting out of the room, he gets overtime pay!
- My job is to develop probable cause, a great case includes a confession, and the prosecutor loves cases he can prove with little or no effort.
- Defense attorney job is to get to my client first and make sure they don't talk.
- There are ways to get around people who try not to talk to you.
- Would you go into a boxing match with an olympic boxer? You'll lose. You will lose when arguing with someone who has 20+ years experience. I try to bring no one into an interview room who are innocent.
- What do you get told first in an interview?
- Miranda warning. Real quick constitution class!
- Then, I will tell the suspect the story I put together, and the individual starts slumping in their chair. "Oh my god" in their mind.
- Then, Now that you know what I know, do you want to talk to me? This gives them time to think about talking to me.
- Then, I describe the difference between a lie and the truth. I tell him that telling the truth will help him.
- Then I need to determine the kind of person - Maybe I need to talk to them about different things, and try to get them to talk to me. I had to talk to a guy about how hot a woman was, and I understood where he was coming from: That guy is still sitting in prison. I can't act like a hood rat, as an older white guy, that would be an insult, you can't insult them. You have to get into their mind and have a discussion with them. The other kind is the kind who like to tell a story. I might have nothing on the person, but if they tell their story, I have everything.
- The hardened ones will talk, they hate silence.
- An unlevel playing field!
- The cop is taking notes on the back of the ticket, everything you said. It will come into court.
- Cops may get confessions over the phone.
- You don't need a recording in court for a statement.
- The real world:
- Number one: The jury looks at a defendent, next to a defense attorney, that is strike one against them.
- Number two: Uniformed police officer, detective in a suit, a professinal witness
- Number three: Professional witness reading from notes.
- A jury of your peers demands you prove your innocence, no matter the number of jury instructions you get.
- The real world:
- Police don't do interrogations! We do interviews! Just a one word difference, but huge!
- the tape of an interview is not required as evidence, it is just evidence. I reuse the tape after it is transcribed. Dont need the videotape if the officer is there testifying.
- Police talking a criminal into writing an apology letter. It becomes a written confession in the persons own handwriting. Will that person get convicted?
- Everything professor Duane says is true, that is what I do!
Another great one to review on a periodic basis:
- http://www.youtube.com/watch?v=yqMjMPlXzdA - Video "Busted" from http://www.flexyourrights.org
- Miranda Rights Weakened by Supreme Court Ruling that Suspects Must Assert Their Right To Be Silent, Instead of Just Being Silent - Man survives three hours of questioning without saying anything, then buckles to the questions "Do you believe in God.... Do you pray for forgiveness?" and ends up convicted and in jail for life with no parole.
- http://www.duiblog.com - Lots of articles about problems in dui enforcement, problems with breathalyzer machines, and problems with constitutionality