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The Tyranny of Good Intentions: How Prosecutors and Law Enforcement Are Trampling the Constitution in the Name of Justice, by Paul Craig R
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A thousand years of legal protections against tyranny are being stolen right before our eyes. Under the guise of good intentions, personal liberties as old as the Magna Carta have become casualties in the wars being waged on pollution, drugs, white-collar crime, and all of the other real and imagined social ills. The result: innocent people caught up in a bureaucratic web that destroys lives and livelihoods; businesses shuttered because of victimless infractions; a justice system that values coerced pleas over the search for truth; bullying police agencies empowered to confiscate property without due process.
"A devastating indictment of our current system of justice." — Milton Friedman
In this provocative book, Paul Craig Roberts and Lawrence M. Stratton show how the law, which once shielded us from the government, has now become a powerful weapon in the hands of overzealous prosecutors and bureaucrats. Lost is the foundation upon which our freedom rest—the intricate framework of Constitutional limits that protect our property, our liberty, and our lives. Roberts and Stratton convincingly argue that this abuse of government power doesn't have ideological boundaries. Indeed, conservatives and liberals alike use prosecutors, regulators, and courts to chase after their own favorite "devils," to seek punishment over justice and expediency over freedom. The authors present harrowing accounts of people both rich and poor, of CEOs and blue-collar workers who have fallen victim to the tyranny of good intentions, who have lost possessions, careers, loved ones, and sometimes even their lives.
This book is a sobering wake-up call to reclaim that which is rightly ours—liberty protected by the rule of law.
From the Hardcover edition.
- Sales Rank: #398243 in eBooks
- Published on: 2008-03-25
- Released on: 2008-03-25
- Format: Kindle eBook
Amazon.com Review
The authors of The New Color Line return with another libertarian polemic, this time taking aim at a justice system that has lost sight of its most important goals. Paul Craig Roberts and Lawrence M. Stratton warn of a "police state that is creeping up on us from many directions." There's the war on drugs, which makes it possible for federal agents to investigate people simply for carrying large amounts of cash. There's the crusade against white-collar crime, which has turned the plea bargain into an enemy of the truth. And there's outright misconduct, abetted by prosecutors more interested in compiling long lists of indictments than ensuring the fair treatment of all suspects. The Tyranny of Good Intentions is replete with examples of how government treads on freedom through ill-willed prosecution and faceless bureaucracy. The book's overpowering sense of disaffection sometimes leads to alarmist prose: "We the People have vanished. Our place has been taken by wise men and anointed elites." The authors are swift to suggest that America, barring "an intellectual rebirth," may yet go the way of "German Nazis and Soviet communists."
Yet The Tyranny of Good Intentions is nothing if not well intended; it is full of passion and always on the attack, whether the writers are taking on racial quotas, wetland regulations, or any number of policies they find objectionable. In a jacket blurb, libertarian icon Milton Friedman calls it "a devastating indictment of our current system of justice." Roberts and Stratton, although right-leaning in many of their political sympathies, will probably find plenty of fans on ACLU-left--and anybody who cringes at the thought of unbridled state power. If the road to hell is indeed paved with good intentions, consider this book an atlas. --John J. Miller
From Publishers Weekly
According to Roberts and Stratton (both fellows at the Institute for Political Economy), our cherished individual rights are going to hell in a handbasket, delivered by politically ambitious prosecutors, misguided or malevolent bureaucrats, law enforcement agents run amok and pandering politicians. This book has odd heroes/victims: Charles Keating of the Savings and Loan scandal, Exxon Corporation (owner of the Exxon Valdez), hotelier Leona Helmsley, Michael Milken and even agri-business giant Archer Daniels Midland. The arch-villain is odder still, Jeremy Bentham, the 19th-century philosopher who popularized the theory of utilitarianism, which can be simply described as a belief in formulating public policies that result in "the greatest good for the greatest number." Bentham's villainy, the authors say, is rooted in utilitarian philosophy's role in undermining the Rights of Englishmen traceable to the Magna Carta and the Glorious Revolution of 1688 and now embodied in the Bill of Rights. Perhaps oddest of all is the characterization of J. Edgar Hoover as a paragon of morality and law enforcement restraint, qualities the authors feel are utterly lacking in today's American leadership. Roberts and Stratton will strike a nerve with this book; the government abuses they colorfully rail at--the unrestrained powers of police and prosecutors, unfair forfeiture laws, unreasonable bureaucratic regulations and police profiling, to name a few--mark a frightening departure from what most Americans consider the fair exercise of government authority. Unfortunately, in the end, the book comes off as primarily an incendiary polemic. Lost in the rhetoric of the authors' call to arms is a useful analysis of how to balance competing individual and societal interests without sacrificing fundamental rights. (Apr.)
Copyright 2000 Reed Business Information, Inc.
From Booklist
Roberts and Stratton say the Constitution and its basis in the historic rights of Englishmen to be secure in person and property are not merely imperiled but substantially gutted. In the twentieth century, many personal and property rights have succumbed to governmental regulations and to ambitious, unscrupulous government attorneys. The authors cite cases to show how it became possible to be guilty of a crime though lacking criminal intent; to be liable for damages that were, when committed, not damages; to forfeit assets without cause or assurance of recovery; to be coerced to plead guilty; to avoid punishment by snitching on others; and to force private attorneys to divulge confidential client information. For the sake of fighting the war on drugs, cleaning up pollution, and other initially well-meant causes, Roberts and Stratton warn, the U.S. is becoming the image of its totalitarian former enemies in its prosecution of justice--or, rather, injustice. Top-drawer public affairs argumentation. Ray Olson
Copyright © American Library Association. All rights reserved
Most helpful customer reviews
14 of 14 people found the following review helpful.
Must-read for law students and law enforcement
By Kansasbabe
This book should be a must-read for every first-year law student as well as for those in law enforcement at all levels. Roberts and Stratton make the case for how law enforcement and the courts trample the rights of citizens and endanger the public safety, not to mention destroying our founding document, the Constitution of the U.S. Be prepared to get angry at the unfairness dealt to ordinary, law-abiding citizens who cannot possibly know every nuance of every law passed by every community and state in the U.S., let alone the constantly changing federal law. This book will both outrage and inform the ordinary citizen.
1 of 8 people found the following review helpful.
Excellent seller
By happy in Arizona
Book was exactly as described and arrived in a very timely manner. I am very impressed and would purchase from this seller any time.
16 of 18 people found the following review helpful.
Excellent overview of how the Constitution is being subverted by bureaucrats and legislators
By Jerry Saperstein
The basic theme of this book is that the rule of law is being subverted by legislators who grant far too much authority to regulators who are beyond reach of the voter. The result is that the essence of Constitutional law is lost. One grievous example, which is not mentioned in the book, but serves as an illustration is Roe v. Wade. This Supreme Court decision removed a highly contentious argument from the people, acting through their various state legislators, and created judge made law. Judges who are not elected by the people.
"The Tyranny Of Good Intentions" sticks to lower ground. For example, the Housing and Urban Affairs Department attempted to suppress the First Amendment rights of people protesting the creation of a taxpayer-funded homeless shelter in their neighborhood. HUD didn't want any opposition - and sought to silence its critics. Another example is how Netscape Corporation, unable to succeed in the marketplace, was able to sic the law on its more able competitor, Microsoft Corporation. Thus the law was perverted to serve private desires under the flag of public interest.
The authors maintain that "[t]he Constitution has been lost in poor teaching and the legal profession's accomomodation to unaccountable power". Constitutional law, the authors say, has been trivialized - and they provide many examples to support their contention. They claim that the United States today is ruled by bureaucrats who make law under broadly delegated powers and by judges who legislate an tax from the bench. The original American Republic they say is lost - and if the people don't reclaim their power - worse is to come.
The book is essentially non-partisan and any American who reveres the Constitution and its promises should take notice.
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