Involuntary Servitude

Section 23 of Article I of the Constitution of the State of Iowa reads as follows: "There shall be no slavery in this state; nor shall there be involuntary servitude, unless for the punishment of crime." I am not sure of the distinction between slavery and involuntary servitude, but I expect a distinction existed at the time the Iowa constitution was written and adopted. What the founders of this state did not foresee was, everyone has become a criminal, and therefore, subject to involuntary servitude. This may seem an exaggeration but there is nothing illogical nor irrational about this statement. One can not go about one's business on any given day without committing a crime. Traffic violations are crimes. Without including traffic violations, the statement probably is an exaggeration; but the fact remains-a person is subject to involuntary servitude in this state as punishment for crime. Involuntary servitude may have meant the forced labor, imprisonment, or peonage of a person for the satisfaction of a debt. A criminal offense necessarily means a debt to the state in the form of court costs, fines, dare fees, law enforcement initiatives (whatever they may be), and repayment of court appointed attorney fees. We have managed to avert the literal interpretation of involuntary servitude by declaring that a person does not go to jail for failing to pay the state its due, the person goes to jail for failing to follow a court order. To those who go to jail, this is a distinction without a difference. It really doesn't matter whether a person goes to jail because he didn't pay or because he failed to do what he was told to do. Additionally the state will take the driver's license of those who do not pay. This was meant to ensure that everyone pays their fines, court costs, etc. It does not; it means that numerous people drive without licenses, ergo committing more crimes. Ironically as a few activities are no longer considered criminal such as mixed marriages and homosexuality, they are replaced by other activities. We now have hate crimes, violation of civil rights, theft of services, and numerous others. It seems we must have criminals and lots of them to make the rest of us feel good about ourselves. And yes we do have involuntary servitude--its call Prison Industries. True, most who work in and for prison industries, or are farmed out, would rather be working than sitting in a cell, but involuntary servitude it is. Because it is a preferable alternative does not exempt it from what it is.

Confessions

Little has changed over the centuries as to proof of a crime committed. The percentage of criminal defendants convicted of the crime charged is most often the result of a confession. I have often wondered why people who have committed crimes, and also those who have not, readily confess their involvement. It shows a distinct lack of character. Some would argue that criminals have poor character and we should expect nothing more than immediate capitulation. Embezzlement is an interesting example. Those who embezzle from their employer will be caught eventually. It is a certainty. Those who might escape notice are those who embezzle a little, and then quit; but this happens only rarely. Most embezzlement begins small, little amounts here and there and then over time increases until it is impossible to cover the theft. Almost without exception the embezzler admits to the crime upon confrontation. Those who use illegal drugs are another example. Time and time again, a person's vehicle will be stopped by law enforcement and upon the question of whether they have anything illegal in their vehicle, the person in the vehicle immediately blurts out that he has drugs either on his person or in the car. Or with a knock on the door of a residence, the same question is asked with the same response. It would almost seem that the person using or having possession of the illegal substances invites criminal charges to be filed. Without this immediate acquiescence many fewer convictions would result. Innumerable times defense counsel is confronted with a defendant who has confessed his sins. There is little help for him. Without the confession, the defendant would normally have some sort of defense to the charge, i.e. "I didn't know it was there.", "It was the other guy's dope.". But no, the response might as well be, "Take me to jail, I did it." I am sure there has been much written on this subject. Possibly forensic psychologists have the answer. More than likely it is a combination of fear, atonement, and stupidity. In the land of atonement, the proliferation of 12 step movements, confessing one's sins and asking forgiveness for past transgressions has become the norm. "Confession is good for the soul" has morphed from a religious practice to a recovery complex. Fear is easy to understand, but misplaced. One has more to fear by confessing than by not confessing and maybe this is where stupidity comes in. Of the three factors recognizable in confessions, stupidity is not correctable. One can not be trained, educated, or induced in any manner, not to be stupid. Without stupidity we criminal defense attorneys might starve so I guess we shouldn't complain of it.

Postage Theft

Perusing the federal criminal code for long-buried crimes, I ran across 18 USC 1720 which makes it a crime to reuse a postage stamp. Not only is it a crime, but Congress in its efforts to stamp out crime has provided that a person may be incarcerated for up to one year for reusing a postage stamp. Occasionally one will see a stamped envelope where the stamp was not properly cancelled. Since stamps now cost 45 cents, it is quite natural to think that it might be used a second time, no one knowing the better. Don't do it. You will have committed a criminal act therefore making you, at least in your own mind, a criminal. There are those who believe reusing a postage stamp is perfectly acceptable. If the post office can't properly cancel a stamp, then who are we not to use the thing again. It saves almost one-half of a dollar and is the thrifty sort of thing to do. The United States Post Office is charged with covering its costs. This was a Ronald Reagan enactment. Since the USPS charges for its services they should cover their costs if not actually make a profit. Why this most necessary function of government should be singled out to cover its cost is uncertain. Surely there are other ways the United States government can cover some of its costs. I suggest they rent out some air craft carriers to China or Japan. Russia might even be in the market for some warships. This would be a huge boon to the United States Navy. It would take a lot of stamps to cover the rental of a major warship for a year. When enacting a criminal statute it does not appear to be a relevant factor that the government must prove beyond a reasonable doubt that a person committed the crime. With the crime of reusing a used postage stamp, it would appear that the only method of proof would be to have a snitch. It doesn't appear that the United States Post Office has the technology to determine the reuse of postage; if it even exists. If it is clear that no one will ever be prosecuted for reusing a postage stamp, why does Congress make it a crime to do so? This question should be posed to our congressmen and senators. More than likely, no response will be given in that they have way too many important matters to deal with and can't be bothered with postage stamp theft. Enacting crimes is a fun thing to do; it enhances one's view of oneself as a ethical leader. It is one more step in the continuing project of the correction of immoral, public conduct.

A Growth Industry

Looking at crime as a national disgrace or a plague upon us is wrong, very wrong. Crime is a major contributor to GNP. It is a vast industry reaching from coast to coast employing hundreds of thousands of people. I can't say that I have come across statistics on the employment from crime, but it must be a significant percentage of the total economic activity of the country. This alone should make us stop and think about the attitude we all seem to have about crime. The prevailing opinion is that we should do whatever we can to stop crime; to encourage all citizens to be law abiding and productive members of our society. This, of course, is rubbish. The people who are involved with crime and make their living from it numbering in the hundreds of thousands if not millions need more crime; their livelihood depends on it. Let us enumerate some of the occupations that would be affected if crime were suddenly to disappear. Jailers and prison guards would be the first standing in the unemployment line. There are a vast number of these folks in that we have several million of our citizens in jail or prison. In addition, if no one is in jail or prison, the jails and prisons stand empty, a waste of valuable resources. And let's not forget probation and parole officers. Since we have tens of millions of our citizens either on probation or parole, those monitoring their behavior and directing their activities will no longer be employed. Then we have the people paid to arrest those committing crimes; paid to ensure us as citizens do what we are told. These include city police, county sheriffs, highway patrols, departments of criminal investigation, departments of public safety, clerks of court, DNR officers, the FBI, DEA, ATF, postal inspectors, secret service, ICE, the border patrol, U.S. Marshals, and others I have either forgotten or never heard of. These people would not have jobs; they would be unable to send their children to the colleges of their choice, buy cars, or have a nice house. It would not be pretty. And don't forget the counseling industry. We have anger management classes, drunk driving classes, sex offender treatment, substance abuse counseling, cognitive training classes, outpatient treatment, inpatient treatment, halfway houses, AA, NA, and a host of therapies involving psychologists and social workers plus psychiatrist for medications. The demand for these services would approach zero without crime and the courts. Criminal defense attorneys, such as myself, would be out of work as would be the prosecutors and many judges. Without crime, the courtrooms would be empty most days. This brings us to the title of the piece-"A Growth Industry". We, who are involved with crime, should not despair for the legislators are there. Each year more crimes are added to the laws of each city, county, state, and the United States. Each year there are more people in the United States. Consequently each year there is more crime; the courtrooms are fuller, and all of us who are involved in crime have more to do. It is a wonderful situation. When I make the statement to someone that we need more crime, they take it as a joke or an irreverent comment. Not so. I am perfectly serious. Crime is good for me, good for the State of Iowa, and good for the country. Its time we changed our thinking on the subject.