-Caveat Lector-

>From http://www.americanpartisan.com/cols/mcelroy/100999.htm


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Prevent Violence: Disarm the Police
by Wendy McElroy
Saturday, October 9, 1999

Gun opponents who argue "the police will protect you" are a menace to your
safety. They are also flat wrong. I am not referring to the overwhelming
inability of police to combat crime. Why state the obvious? I am referring to
the fact that the police have no duty whatsoever to protect you against
criminals. That's not in the job description of 'police officer.' The courts
have recognized this fact for over a century.

In 1856, the U.S. Supreme Court (South v. Maryland) found that law enforcement
officers had no duty to protect any individual. Their duty is to enforce the
law in general. More recently, in 1982 (Bowers v. DeVito), the Court of
Appeals, Seventh Circuit held, "...there is no Constitutional right to be
protected by the state against being murdered by criminals or madmen. It is
monstrous if the state fails to protect its residents... but it does not
violate... the Constitution."  Later court decisions concurred: the police have
no duty to protect you.

Police vehicles routinely sport decals proclaiming sentiments such as
'Proud to Serve!' If they aren't there to protect you, the question becomes,
"Who are they serving?" The answer is clear: the police department exists to
enforce the law. Policemen serve the government, not the people. And uphold the
law with total disregard for whether their actions create or prevent violence.
For example, if government decides that certain forms of adult consensual
crimes must not be tolerated, then the police will draw their guns and barge
into otherwise peaceful bedrooms. To uphold an unjust law, they will create
violence and victims.

Those who blithely reassure you about police protection are doubly wrong. Not
only is protection not the officers' job, they may well be the ones who
victimize you. Jews for the Preservation of Firearm Ownership, correctly
observes that the American legal system is based on the English Common Law. The
modern American policeman dates back centuries to the role of the English
Sheriff, who was paid by and accountable to the government, not the community.
As the JPFO states, the main purpose of the Sheriff was the "enforcement of
government decisions," such as seizing property. "Maintenance of public order"
was of secondary concern. Indeed, if the two concerns collided - as in the
enforcement of victimless crime laws - the government invariably won.

Americans revere the romantic Western notion of Marshall Dillon defending the
schoolmarm against the Bang-'em-Up gang who swoop down like wolves on the
prairie town. But, often, these sheriffs were hired by the communities and were
responsible to the people there. Moreover, the townsfolk themselves routinely
owned guns. What Americans are actually revering is an example of a quasi-
private police force functioning within an armed society. Unfortunately, this
image still benefits the modern state policeman who is routinely glorified by
television programs like Cops! Yet these state-employees are the antithesis of
the Western sheriff. They are modeled after the British Sheriff - they are
responsible only to enforce government policy and they often are the wolves.

If policy makers want to prevent violence, they should consider disarming the
police and encouraging gun ownership within the citizenry. There is historical
precedent. In his book Frontier Justice, Wayne Gard describes the rampant
corruption of politics and police in 1850's San Francisco. Violence soared
until the SF vigilante committee revived (1856). Within three months, Gard
explains, "San Francisco had only two murders, compared with more than a
hundred in the six months before the committee was formed."

At least until erring policemen acknowledge a duty to protect the life and
property of individuals, 'the people' en masse ought to say 'no more donuts for
you!'


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