Constitutional Libertarianism

Constitutional Libertarianism

Wednesday, June 17, 2009

No two ways about it, "Zero Tolerance" must go

Individual and community. America is one of the greatest experiments in trying to perpetually maintain that delicate balance of respecting the needs and rights of the individual and trying to maintain a community in which the community as a whole is taken care of as well.

There is a pretty common saying, at least around where I am, that "the individuals freedom extends until it reaches the the next person."

I can agree with that. I should be able to do what I feel I need or want to do with my life, my property, my career, etc.. as long as I am not directly impeding someone else's personal rights.

When you sit down and think about it, that's a lot of freedom, especially when you do a comparison to other places in the world where the same types of freedom are not recognized or respected. Over in those places, it is supposed to be all about the community.

"Zero Tolerance" attitudes are an age old approach to making rules that typically is founded in frustration and a feeling of powerlessness by inadequate people who haven't been able to effectively communicate or demonstrate the ability to keep that balance between individual and community very well.

Zero tolerance leaves no room for individual circumstances or possibilities to recognize extenuating circumstances. It is the last gasp of air, struggling to maintain some sense of control.

Zero Tolerance is dictatorship, plain and simple, but apparently, many people seem to think this is OK as long as their image as a leader is maintained and the appearance of 'public safety is projected.

One of the most common phrases you will hear associated with Zero Tolerance is " ..but if even only one person is saved, then it will be worth it." It leaves the audience to think that everyone else will view them as a craven, cold-hearted monster if you vote to let the "one person" not be saved. It's blackmail, is what it is.

Not to often is the discussion allowed to move to, "If we save just one person and it causes a negative effect for ten others, is it still worth it?" At that point, The experimental balance is being weighed. What has more value, the individual or the community as a whole?

Even though they are arguing to merit of saving 'just one person...", the proponent is actually representing the side of the community over the individual.They are saying that the best thing for the community is to make and enforce laws that further inhibit the abilities of individuals from doing whatever it is that is seen as causing harm, necessitating the need to rescue all those "one persons".

It's the excuse of "A few bad apples spoil it for the whole bunch" where the soon to be criminalized activity has been done by many people over a long period of time most likely but since the enforcers of law cannot determine who is going to abuse the limits of being responsible and 'common sensical' of that action or behavior in question, it is easier for them to prohibit everyone from doing so. Therefore, if no one is doing it, then no 'one person' can be hurt by it again.


It boils down to enforcement, not concern for the people, that motivates Zero Tolerance rules.

To further confuse matters is there are two primary 'types' involved in bringing Zero Tolerance about.

1) The emotional, sensitive people who have witnessed something go very bad and are simply an emotional mess inside and they are motivated by sincere, yet over-protective thoughts in how to prevent the next bystander from witnessing or being emotionally affected.

2) The ineffective community leaders and law enforcement officials who realize that policing for the said 'bad apples" is a tremendously difficult job that is made much easier to do if they could 'ban' items or actions that are most visibly associated with the behavior or actions in question and only have to look for those who are in possession of said items, instead of trying to deduce who of the people having said items is exercising poor judgment.

When you see the news, more often than not, you will see reports of victims of Zero Tolerance rather than the supposed 'beneficiaries'.

Simply because someone or some office is unwilling or unable to take consideration of all the information relating to the case, someone is criminalized or facing severe and publicly scoffed consequences.

"Sorry 72 year old person, you cannot carry that pen knife because you might accidentally stab someone with it, and because you carried it in with you, we will now have to put you in jail for awhile. I'm sorry if you have bad arthritis and this is the best way to help you do common things like open mail and other 'typical' tasks, Zero Tolerance is in affect here and so we must check our wits at the door and allow no rational thought on the subject. Enjoy your stay in county jail."

While you may think the comment above is ludicrous and inflammatory, it has actually happened. in a place where all knives of any type, were banned because some juveniles were scratching up public property and officials could not get hold of the situation, so, Zero Tolerance came about and no knives of any sort were allowed in those public areas anymore, by anyone.

Even a 72 year old man who opened letters and cleaned his fingernails with a 1 1/2 inch keyring pocketknife.

Boy, they showed him who is boss, didn't they. I bet he was just waiting for the officers in that area to leave so he could carve his sweeties initials in a tree or on a picnic table.

BUT, no one got hurt, no one was accidentally stabbed or had an eye put out. No property was damaged and everyone in the community learned a valuable lesson, that rules is rules is rules and everyone needs to be mindful of the rules. Whew, society is saved once again.

Zero Tolerance is an over reaction that trounces an individuals rights and has no respect for any individuals ability to use reasoning and good judgment for themselves. It only takes in to account those who do not control themselves and refuse to be good citizens and neighbors in a community.

Of course, it also makes people who are exceptionally emotional and 'community conscious' feel better too.

The next time a school or town or any law enforcing entity tries to bring in Zero Tolerance, remember, education and persistence as well as everyone in the neighborhood, school, where ever, will have more beneficial impact on the situation than Zero Tolerance rules.

One person might be saved, but eventually, everyone else will get the shaft.

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