Thursday, July 16, 2009

The Ethics of PA Legislature (if it even exists)

It is never OK to violate persons' rights. The mere existence of the Constitution and the Declaration of Independence guarantee that. Unfortunately, when something's too good to be true, it usually is. Within the many amendments and respective clauses of our nation's laws is what politicians and law makers call "checks and balances". These have, as of the beginning of the 21st century, been manipulated to make the jobs of law enforcement and its' ancillary cohorts a lot easier.

Take for example this local precedent, in 2003 it was “legal” for Pennsylvania Police Officers to detain anyone they suspected of underage drinking solely on the officers perception of the offenders age. Which means if you look like you are 18 and you are actually 22 the cops can and will detain you without giving you a forum of discourse in addressing your innocence. A PA Superior Court later amended the decision to make it legal to only pull anyone aside and force them to take a PBT (Preliminary Breath Test – a tool used to detect the presence of alcohol but cannot give an accurate reading as to the BAC.). (Commonwealth vs. Wood) The loophole in this is that in 2001 the courts had already decided that if someone fails a PBT for a DUI investigation as an underage or the like it is grounds for a separate alcohol offense. Which through legal jargon and precedents worked its’ way into the Woods case making it legal for an officer to issue a citation for failing a test that isn’t calibrated or tested for accuracy in any means, the burden of proof just got lighter.

Furthermore, I question the morality of almost 95% of the cases that go through the Centre County DA’s office. In PA there is a quota system (it’s existence is still controversial), The Morning Call of Allentown reported, a policy, first instituted in 1982, requires officers to make at least 25 "contacts" -- issuing warnings or citations, investigating complaints or arresting suspects (Collegian 1989). We have all felt the effects of this “quota” system haven’t we? Whether it’s peeing on your own property, or drinking a beer before you are 21 (OMG!) the police enjoy harassing students because they know behind the students are parents who will probably pay the outrageous fines set by the Judge. In NYC the underage drinking citation (born and raised there and never saw one) is a 65$ violation. In PA it is upwards of $500. It’s unethical to increase the severity of a nationwide policy in certain districts just to counter-balance the financial deficit ensuing from the lack of other crimes. State College is one of the safest places in America, so instead of rewarding the citizens the “brass” decides to make an everyday citation worth half a pay check so they still get paid.

The question here, at least in State College, is how much power does law enforcement actually have when it comes to invading someone’s rights and/or privacy is there a way we can debate with local law enforcement without having to pay for an expensive attorney? How credible are the police in this town because most of the night officers are under 25 years old and 65% of all crimes around here occur after 8pm?

4 comments:

  1. Not that i completely disagree with amar's post, but just to play the devils advocate and receive points for a response, i would like to point out the fact that there is an overwhelming amount of underage drinking done in state college, myself included my freshman and sophomore years. I feel that given this amount, local police officers are many times lenient and turn their heads to underage drinking. on any given night there could be several thousand underage students walking the streets completely hammered with no encounters with law enforcement. With some exceptions, im sure, i feel it is almost entirely when people are acting obnoxious or causing problems that they find themselves talking with police and getting cited. i personally have received 2 underage drinking citations, neither of which were in state college however, which may also lead me to believe that local law enforcement is more lenient than other areas with regard to this subject.

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  2. Reading this, you understand why one can feel this way. There are two police stations within a 7 mile radius from each other within State College. These police departments get funded over $500,000 dollars a year to simply keep underage drinking to a minimum. There are a number of ridiculous details that go along with the law enforcement within the county. However, to play both sides of the coin, you have to realize the goal of the police officials here within Centre County. They get a majority of their funds and salaries to cite underage drinking. The procedure that they may use is questionable, but the goal is still being met. We all are trying to obtain a degree by any means. Taking BS courses, becoming a TA, or doing an internship, some if not most of us will do what we have to do to get that one credit and graduate. No one questions our ethics though.

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  3. You have to wonder why politicians allow these types of practices to prevail.

    Part of it has to do with the fact they intentionally cater to an older population. Studies have demonstrated that senior voting bloc has traditionally had the highest voter turnout rate. Instead of spending their limited time fighting for our rights, they continue to preserve economically inefficient programs such as Social Security and Medicare.

    In this sense, one might say that our lawmakers don't necessarily adhere to the concept of fairness.

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  4. In response to Brian, in the case of underage drinking the real question should be why is our country so far behind in alcohol laws?

    In response to the blog, the sad sad truth of the Centre County police force is they take advantage or people who don't know the laws that well. They use any number of stupid reasons to pull you over, and make up a thousand excuses when they are wrong. If things get any worse with the police around here, it will be harassment.

    Second, I think the fundamental problem with the police force here is they don;t even require a full 4year degree to become a cop. They should have to have a bachelors at least to join. It is extremely frustrating to deal with some uneducated, moronic, arrogant cop who does a job I could have done once graduating boarding school. The mere fact that so much responsibility is given so easily to the moderately educated is infuriating.

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