Friday, March 28, 2003

BlogRoll

Building a blogroll for this. Recording some of the site here in advance

Tech Law discussion LawMeme
Behaviorism

Getting busted (UK orientated) Your rights on arrest
(USA only) The Self Arrest form
(USA) Citizens' Arrest

Watch-it.com

American legislators are proposing and will probably pass laws that criminalise the use of innocent sounding domain names which then lead a user to a porn site.

Laws like this are subject to the supposed meanings of words. The example given in the article, whitehouse.com, one may expect quite reasonably is a link to The White House. But it is a porn site. Strangely, here in Auckland New Zealand, there is a "Gentleman's Club" (strip bar and sauna emporium) called The White House.

What caught our eye was that the law seeks to criminalise those who represent themselves with domain names from any country, which is not only contrary to free speech in America, but redefines what words may mean elsewhere to suit the prosecution of a case.

Interesting.

Friday, March 21, 2003

The Origins of Criminality - Part III

"Criminals are born that way" is like saying that people do not change. Of course they do. A criminal cuts lose from a life of crime to become police. Proving how far they can go.

The violent forces society sanctions as somehow "necessary" - the opposing armies of warriors facing one another over deserts - competing in the ultimate sport of mopping each other up are commiting very anti social acts. They are being made to perform as "animals" (humans are one of three species I have heard of that go to war with their own species, ants and termites also do that, I understand).

But when a government sanctions their acts of murder they no longer are seen as criminal. In the theatre of war we are presented with a new concept, the war crime. These are acts that go against the code of war.

The war crime compared with the sanctioned killing both may involve death to one's opponent. They both may be performed without specific licence or style. It is the manner and intention it reveals that appears to define the difference.

If the criminal stopped and thought about others when they go through the actions of criminal activity, raises the question of intent.

Like children, people who do not possess that machinery of culture, a guilty conscience, are not bound by the same rules as the rest of us. To hold them accountable for their actions, we are challenged to seek motives. And therein lies a finer switch to judge than result, the horror of which may acts as a deterrent rather than a dictate of the measure of guilt.

We require an explanation to satisfy our desire to exist with some justification for the state that we find outselves. Our progress through life is a model of evolution, some people improve, and some fall to pieces.

Some criminals thank the government for helping them through their difficult lives, providing them home and shelter because other than the easy options of stealing and taking what is not their own, activity that inevitably results in violence from quarters that seek reasons for their violence. The tensions that hold the animal together, hold the feeling in the skin of the difficulty are released only by motives which may be sudden or long felt building desires.

Finally, it is the making of an excuse to the self. It is not facing anger, it is pushing down and holding away from. Crime is an alternative unconstructive path.

Thursday, March 20, 2003

The Origins of Criminality - Part II

There are criminals and there are those that find themselves inspected by the criminal justice system accused but not guilty of anything other than circumstance. Another way of looking at "crime" is as a balance point between what people do and do not have. Crime is the pivot of exclusion, a place where we judge and incarcarate people for actions we have defined as anti social, actions we object to, actions which do not make sense or hurt others.

To be judged criminal, it follows then, that the burden of convincing if someone has done something is upon the accuser, the state, the law. We accept this as a given. The law is good, against the law is not good and must be punished.

Reading once that a criminal had a record of hundreds of offences made me wonder what a criminal like that could be like. Peering into the eyes of a such a criminal and one may see surfaces differently, one may seem to dream in a different sense, or interpret reality in a way that is not familiar. What pleases one, or satisfies are just not the same thing as they are for other people. The element of risk is important. That feeling of excitement, that racing of the heart we feel if we reach out and steal something, the hot flush of guilt: these are all chemical releases in the brain, these are all a bit like watching a horror movie, we find it uncomfortable but its fun for that reason.

Being addicted to something that causes worry for parents or others brings about another effect. Co-dependence exists between addicts and non-addicts. There is something that makes non-addicts difficult for the addict, and this process is known as co-dependence.

And of course the rush of doing something for which one could be judged fulfills a primative promise that life will have challenges and meaningful ones at that.

Dreaming is a solution. Drugs may be the solution for many. Love is enough of a thrill for most of us, but pity the evil people who are addicted to making other people suffer.

Wednesday, March 19, 2003

The Origins of Criminality - Part I

Faced with choices - how do we react?

What is a small measure today may become an unsurmountable problem tomorrow.

It was once thought that Criminals were born with a different chromosomatic makeup and therefore criminality is inevitable. It may be true at some level, but more often, criminality is a trained-in solution to life problems faced by those who are afraid. If you do not deal with smaller problems when they are smaller they get larger.

Unfortunately, when the problems are smaller, the criminal-to-be is just an infant, and there is no way to solve the problem. You can not just walk away from a violent parent when you are 2 years old. The historic solution ends up becoming an imperative. The behaviour becomes hard to change, cemented into the range available to the growing person. It becomes part of how the person communicates with and views the world.

A simple test of criminal response could be devised. A child who is lazy may be just that, or it may be symptomatic of a long term malaise. Bearing grudges that prevent positive action or only doing the positive when its dished out as punishment both reflect in a mentality that is likely to increase in criminality as the action and reactions are magnified by duration.

Demands of criminals that, due to incarceration, they adopt more social behaviours, are far fetched. The only way to adapt to a society at the end of a long jail sentence may be having achieved a measure of reform.

A child learns not to resort to crime by being rewarded for positive action. Later this means providing meaningful paid work. Work schemes that have taken idle hands and turned them into productive hands have changed the face of some of New Zealand's gangs.

Welfarism is a great thing in the modern world, but it is an unfortunate set of rules when it rewards non-action and manufactures people who believe that everything should be provided on a plate, rather than worked toward.

The need for immediate satifaction, the denial of long term gains, and the building of a life that has meaning and dignity: these are what eventually make us proud of our children.

The "feed me" generation that is plugged into computer games for immediate and meaningless thrills - these are breeding grounds for agressive stupidity. These are the people who want war, not as the last resort, but as a first response. Behaviour reflects this, the persona will up the ante at the first sign of order.

Criminality is the negative solution that replaces our social thwarting (or rechannelling) of certain desires into contexts that are "safe". It is safe to give money at the checkout and take the groceries. It is not safe to run from security police as fast as you can. For the criminal, it is not safe to communicate as that makes them face the initial problem of their lives, the violence or abuse they suffered as infants, a terror carried from one end of life to the other.

Sunday, March 16, 2003

Bustedinfo was down during a blog-out today. Since google.com bought pyra labs, there has been some toothing problems. Apologies to anybody who missed us.

Friday, March 14, 2003

Law May be inadequate

Police are cracking down on those who manufacture Speed from pseudoephedrine tablets. First of all by limiting the quantity of these over the counter medicines available to an individual, and now Customs seize legally imported large quantities of cold remedies.

Both actions may require law change, and as such prosecutions for importing large quantities of cold remedies could form the basis of an operation to bust a Speed lab.

But such busts are not yet covered by any specific law that we know about, and although it is a logical way to stem the huge tide of potential offending as more kids get addicted to Speed and P, it is not clear how the Police would charge anyone for something that is not illegal.

Therefore, it is logical that the Misuse of Drugs Act may require modification to cover importation of large quantities of cold medicine. In the meantime, those accused of this seem likely to come under a high powered spotlight of investigation into the connections of the importer. This will result in an evolution of method. A disassociation between the courier and the lab they are supplying to stall such Police operations.

The Police investigate crimes. Customs may seize casual importers of such medicines and these imports may be made subject to proper licencing (if they are not already). The problem for the prosecution or even investigation of the non-crime of importation may be one of "just cause". It would seem to follow that the Police could be challenged in regard to such imports forming the entire basis of an investigation that led to the busting of a P Lab. Therefore they want a law change.

After years of busting "home bake" labs that extracted codeine from pain killers, it is surprising to observe that a law change was not sought earlier. Individuals busted in this way will require a lawyer well versed in these matters, certainly.

Wednesday, March 12, 2003

Tough Penalties for Speed proposed

Police have been pushing for increased penalties for Speed manufacture for 5 years and it now appears that this will transpire. Reclassification of the drug as a Class A substance of abuse is planned by the NZ government.

Users of the infamous "P" - or "pure" speed have been known to do some terrifying acts. Like "Crack", addictive properties are extreme and the social damage from kids finding a need to fund such addictions impossible as lives fall to pieces is a reasonable justification to raise the stakes for those involved in illegal manufacture or importation.

If you are taking Speed, or indeed distributing it, you are most likely to need help. Odyssey House has successful addiction rehabilitation programmes and can be contacted via the link on this site. Speed, (and moreso, P), are very addictive and do cause permanent damage to you, your body and ability to survive or enjoy a normal life.

The side effects of addiction involve psychosis, induced schitzophrenia (symptions include hearing "voices"), paranoia and damage to brain, nervous system and the cardio-vascular system.

In plain english, heart attacks, brain damage and strokes. Addicts trying to go clean may face suicidal feelings so any long term use of Speed (or short term use of P) may require professional attention.

And if you are accused of crimes related to Speed, you are going to need top legal help.

Tuesday, March 11, 2003

More arrests for Speed

In New Zealand, Non-Cannibis related drug offences rose by 28% in the last year according to police statistics. Cannibis offenses reduced by 7.5%.

Murders also rose by a disproportionate rate, of 23%, against a recorded crime rate increase of just 3.2%.

What does this mean? It means that the police are concentrating their efforts at breaking Speed factories. It also means that there is more money in making and selling drugs that are more harmful.

It also means that there is a heightened sense of vigilance as it appears to be obvious that the murder rate is related to the use of a drug that causes long term brain damage to those that indulge heavily.

It also means that you are more likely to be seriously busted for Speed or Coke than Dope. Running a speed factory has its own risks including fire or explosion. Being busted for manufacturing speed could land you with years and years behind bars. Gang leaders of Black Power and the Mongrel Mob have come out and said they wouldn't touch speed manufacture as they probably had a mate who ended up going berserk and killing themselves.

If you have a friend who is involved in this industry, refer them to a good lawyer. If you know someone who is addicted to speed understand that the damage they inflict upon themselves may not be reversable.

Put them in touch with Odyssey House.

Monday, March 10, 2003

Damage from long term amphetamine use

If you get busted for Cocaine or Speed, you may end up doing time if found guilty. Or you may find a good defence lawyer and avoid the punishment of the law. But you may not avoid the long term after effects of heavy use of these drugs. Recent research has shown long term moter differences in twins where one used heavily and then stopped, for over one year after cessation.

It may be discovered that long term use of some drugs make permanent changes to the brain, and coke and speed are probably most dangerous in this regard.