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	<title>Comments on: In Which I Announce My Support for an Unfunded Federal Mandate</title>
	<atom:link href="http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/</link>
	<description>It rankles me when somebody tries to tell somebody what to do.</description>
	<pubDate>Fri, 04 Jul 2008 10:18:26 +0000</pubDate>
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		<title>By: billy-jay</title>
		<link>http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70351</link>
		<dc:creator>billy-jay</dc:creator>
		<pubDate>Tue, 22 Jan 2008 09:36:33 +0000</pubDate>
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		<description>The better solution would be to stop giving federal money to local police forces, to repeal asset forfeiture laws, and to end no-knock warrant raids.

The current bill seems a lot more likely to pass and may shed some light on policework.</description>
		<content:encoded><![CDATA[<p>The better solution would be to stop giving federal money to local police forces, to repeal asset forfeiture laws, and to end no-knock warrant raids.</p>
<p>The current bill seems a lot more likely to pass and may shed some light on policework.</p>
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		<title>By: Brian</title>
		<link>http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70300</link>
		<dc:creator>Brian</dc:creator>
		<pubDate>Mon, 21 Jan 2008 22:44:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70300</guid>
		<description>Dan,

Transparency will unveil the depth of the problem, but in the end, the depth of the problem is only useful as trivia or, at best, as marketing towards fixing the problem. Police misconduct, abuse of prosecutorial discretion, and collusion with judges cannot and will not be solved by record-keeping. Even if the records reveal injustice, or if other evidence surfaces that prove some records are fabricated, who will prosecute the police? Who will sentence them? 

I thought it was important to point out that oversight will not provide a way for us to have our cake and eat it, too.</description>
		<content:encoded><![CDATA[<p>Dan,</p>
<p>Transparency will unveil the depth of the problem, but in the end, the depth of the problem is only useful as trivia or, at best, as marketing towards fixing the problem. Police misconduct, abuse of prosecutorial discretion, and collusion with judges cannot and will not be solved by record-keeping. Even if the records reveal injustice, or if other evidence surfaces that prove some records are fabricated, who will prosecute the police? Who will sentence them? </p>
<p>I thought it was important to point out that oversight will not provide a way for us to have our cake and eat it, too.</p>
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		<title>By: Persona non grata</title>
		<link>http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70298</link>
		<dc:creator>Persona non grata</dc:creator>
		<pubDate>Mon, 21 Jan 2008 22:08:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70298</guid>
		<description>





&lt;em&gt;Death in Custody Reporting Act of 2007 - Requires states that receive certain criminal justice assistance grants to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is under arrest or is in the process of being arrested, en route to incarceration, or incarcerated in state or local facilities. Imposes penalties on states that fail to comply with such reporting requirements..&lt;/em&gt;




&lt;em&gt;Requires the Attorney General to provide for and report to Congress on a study of the information on deaths of persons in custody.&lt;/em&gt;



Looks like congress has attached the reporting requirements to criminal justice grants that states are already receiving. 

Looks like a good idea, will it actually work?</description>
		<content:encoded><![CDATA[<p><em>Death in Custody Reporting Act of 2007 - Requires states that receive certain criminal justice assistance grants to report to the Attorney General on a quarterly basis certain information regarding the death of any person who is under arrest or is in the process of being arrested, en route to incarceration, or incarcerated in state or local facilities. Imposes penalties on states that fail to comply with such reporting requirements..</em></p>
<p><em>Requires the Attorney General to provide for and report to Congress on a study of the information on deaths of persons in custody.</em></p>
<p>Looks like congress has attached the reporting requirements to criminal justice grants that states are already receiving. </p>
<p>Looks like a good idea, will it actually work?</p>
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		<title>By: Prof. Challenger</title>
		<link>http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70294</link>
		<dc:creator>Prof. Challenger</dc:creator>
		<pubDate>Mon, 21 Jan 2008 21:37:01 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70294</guid>
		<description>Technically, not an unfunded mandate if it attached the reporting requirement to the doling out of government funds.  It then falls within one of congress' legitimate purposes as enumerated in the Tax and Spend clause of the Constitution.

Prof.</description>
		<content:encoded><![CDATA[<p>Technically, not an unfunded mandate if it attached the reporting requirement to the doling out of government funds.  It then falls within one of congress&#8217; legitimate purposes as enumerated in the Tax and Spend clause of the Constitution.</p>
<p>Prof.</p>
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		<title>By: Dan</title>
		<link>http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70284</link>
		<dc:creator>Dan</dc:creator>
		<pubDate>Mon, 21 Jan 2008 20:29:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70284</guid>
		<description>Brian, 

I find myself a bit puzzled by your comment.  Currently the vast majority of the excesses wrought by our increasingly militarized police forces go un-recorded, the officers who betray their duty and the public trust unpunished.

How can the first step towards overcoming this culture of cover-ups and secrecy be anything other than dramatically increased transparency?  Only with transparency and tracking can we begin to assess the scale and the scope of the problem and begin to understand the damage that has been wrought on our free society.  

How, precisely, do you think that Scalia was able to justify his belief in the "new professionalism" of a national police force that at times seems anything but professional.  (professionals do not treat their public trust as a license to engage in petty tyrannies.  professionals do not place a higher value on group loyalty than on integrity and competence)

Clearly the first step must be to require that the single most direct threat to personal liberties that most Americans ever face be required to document and justify its actions on the public record.  As you state, it won't solve the problem by itself.  But it is the absolutely vital first step so that all of the other solutions might thrive.</description>
		<content:encoded><![CDATA[<p>Brian, </p>
<p>I find myself a bit puzzled by your comment.  Currently the vast majority of the excesses wrought by our increasingly militarized police forces go un-recorded, the officers who betray their duty and the public trust unpunished.</p>
<p>How can the first step towards overcoming this culture of cover-ups and secrecy be anything other than dramatically increased transparency?  Only with transparency and tracking can we begin to assess the scale and the scope of the problem and begin to understand the damage that has been wrought on our free society.  </p>
<p>How, precisely, do you think that Scalia was able to justify his belief in the &#8220;new professionalism&#8221; of a national police force that at times seems anything but professional.  (professionals do not treat their public trust as a license to engage in petty tyrannies.  professionals do not place a higher value on group loyalty than on integrity and competence)</p>
<p>Clearly the first step must be to require that the single most direct threat to personal liberties that most Americans ever face be required to document and justify its actions on the public record.  As you state, it won&#8217;t solve the problem by itself.  But it is the absolutely vital first step so that all of the other solutions might thrive.</p>
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		<title>By: sirhcton</title>
		<link>http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70276</link>
		<dc:creator>sirhcton</dc:creator>
		<pubDate>Mon, 21 Jan 2008 19:40:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70276</guid>
		<description>"Records should include what police thought they’d find, what they actually found, what happened to the suspect, and what tactics were used to serve the warrant."

I commend the idea. Why does my cynical nature give me a twinge and begin to suspect that at least some police would begin to make sure they do find what they expected? Some might even begin to prepare "scripts" for various situations to cover their errors. Of course, that is not so different from how some already do things after a questionable raid -- long delays for the "internal investigation" to take place, where the police were never in the wrong.</description>
		<content:encoded><![CDATA[<p>&#8220;Records should include what police thought they’d find, what they actually found, what happened to the suspect, and what tactics were used to serve the warrant.&#8221;</p>
<p>I commend the idea. Why does my cynical nature give me a twinge and begin to suspect that at least some police would begin to make sure they do find what they expected? Some might even begin to prepare &#8220;scripts&#8221; for various situations to cover their errors. Of course, that is not so different from how some already do things after a questionable raid &#8212; long delays for the &#8220;internal investigation&#8221; to take place, where the police were never in the wrong.</p>
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		<title>By: Brian</title>
		<link>http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70269</link>
		<dc:creator>Brian</dc:creator>
		<pubDate>Mon, 21 Jan 2008 18:27:05 +0000</pubDate>
		<guid isPermaLink="false">http://www.theagitator.com/2008/01/21/in-which-i-announce-my-support-for-an-unfunded-federal-mandate/#comment-70269</guid>
		<description>As the idea of big, powerful, intrusive government has pervaded policy discussions, an idea has emerged that oversight or transparency is a sufficient cure for the problems that small-government advocates deem unsolvable. They aren't. The solution to a tyrannical police is not documentation.</description>
		<content:encoded><![CDATA[<p>As the idea of big, powerful, intrusive government has pervaded policy discussions, an idea has emerged that oversight or transparency is a sufficient cure for the problems that small-government advocates deem unsolvable. They aren&#8217;t. The solution to a tyrannical police is not documentation.</p>
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