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Deprivation of Liberty over Cellulose

Marco

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LeagueOf1291 wrote:
Sorry folks. I just don't think God-given human liberty is that cheap.

1+
This is a civil not criminal matter.


Many will change their tune when the SWAT team rolls up to their house for traffic violations, considerably more money than library fines.
 

LeagueOf1291

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PT111 wrote:
Please tell us what you "liberty threshold" is, dollar wise, for theft?

It's a theft no matter how much is stolen. The question is, how much do you have to steal to be deprived of liberty. I dunno, but something more than two library books, especially when you can get full redress by civil processes.

If she has no property and no job, arresting her won't do anything more to satisfy the debt.

But that's what some people want. "Hey, she stole two books. Arrest her! Let her have it! Yaaaaah!" It's a police state mentality. The amount of harm doesn't matter -- arrest her!
 

LeagueOf1291

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Pol Mordreth wrote:
I appreciate your point, League. I tend to agree with you, to a point. This should be a civil matter, but even in a civil matter she would have been thrown in jail for ignoring the summons. That falls under contempt of court. She would then have not only had a default judgement against her, but also a bench warrant.

I do have to say, though, that if the people in this municipality get aggravated enough at things like this, they will change the laws. I don't remember who said it, but there really is some truth in the statement that the best way to get rid of bad laws is to aggressively enforce them.  

 

Respectfully,

Pol

And I agree with you to a point, Pol. There's a point at which a court must be able to enforce a summons. But in a case involving two library books, I would argue that it's not necessary to give the state the jurisdiction to issue a criminal summons in the first place. Let the civil courts obtain redress. Liberty is too valuable to throw it away over two books.
 

Task Force 16

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This whole thing could ahve been avoided if this 20 year old dimwit had just returned the books like she was suppose to. Better yet, If she wanted to keep the books, it would have been allot cheaper (and less of a hassle) to just go to a book store or go online to Amazon.com and BUY the friggin books.

I have to go with the others here. She got what she deserved.
 

LeagueOf1291

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Task Force 16 wrote:
This whole thing could ahve been avoided if this 20 year old dimwit had just returned the books like she was suppose to. Better yet, If she wanted to keep the books, it would have been allot cheaper (and less of a hassle) to just go to a book store or go online to Amazon.com and BUY the friggin books.

I have to go with the others here. She got what she deserved.

Well, ain't that handy. She was stupid, no doubt. So despite the fact that a civil remedy coulda redressed the wrong done to the library, hey, never mind that, arrest her! Teach'er a lessin, the ol' dummy! You can't ignore a court summons about two library books! Who you think you are!

Man, it don't take much to rile up the rabble. this is scary.

What about some other debt? Say, a $200 public utility bill? Aren't you obligated to pay that? Huh? Huh? Durnit, that's public money! You stole from everbody!

In fact, why stop with arrest? How bout prison time until you pay it off?
 

PT111

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LeagueOf1291 wrote:
PT111 wrote:
Please tell us what you "liberty threshold" is, dollar wise, for theft?

It's a theft no matter how much is stolen. The question is, how much do you have to steal to be deprived of liberty. I dunno, but something more than two library books, especially when you can get full redress by civil processes.

If she has no property and no job, arresting her won't do anything more to satisfy the debt.

But that's what some people want. "Hey, she stole two books. Arrest her! Let her have it! Yaaaaah!" It's a police state mentality. The amount of harm doesn't matter -- arrest her!
Please do not contribute quotes to me that I did not make. I expect an apology for this. Or is alsotoo small to worry with.
 

rodbender

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PT111 wrote:
LeagueOf1291 wrote:
PT111 wrote:
Please tell us what you "liberty threshold" is, dollar wise, for theft?

It's a theft no matter how much is stolen. The question is, how much do you have to steal to be deprived of liberty. I dunno, but something more than two library books, especially when you can get full redress by civil processes.

If she has no property and no job, arresting her won't do anything more to satisfy the debt.

But that's what some people want. "Hey, she stole two books. Arrest her! Let her have it! Yaaaaah!" It's a police state mentality. The amount of harm doesn't matter -- arrest her!
Please do not contribute quotes to me that I did not make. I expect an apology for this. Or is alsotoo small to worry with.
AZkopperwrote that.
 

LeagueOf1291

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rodbender wrote:
PT111 wrote:
LeagueOf1291 wrote:
PT111 wrote:
Please tell us what you "liberty threshold" is, dollar wise, for theft?

It's a theft no matter how much is stolen. The question is, how much do you have to steal to be deprived of liberty. I dunno, but something more than two library books, especially when you can get full redress by civil processes.

If she has no property and no job, arresting her won't do anything more to satisfy the debt.

But that's what some people want. "Hey, she stole two books. Arrest her! Let her have it! Yaaaaah!" It's a police state mentality. The amount of harm doesn't matter -- arrest her!
Please do not contribute quotes to me that I did not make.  I expect an apology for this.  Or is also too small to worry with.
AZkopper wrote that.

Yes, I know.

I was drafting a response to AZkopper, then hit the back button in the browser, by which time someone else had quoted him, and I inadvertently selected that post to quote. And then I deleted the non-relevant material to quote only that portion of the text to which I was responding.

I did not attempt to deceive everyone reading this thread into thinking that he had written this. I mean, that woulda been pretty stupid, wouldn't it? Specially considering that the original post was there for all to see, and my deception would have been sure to fail.

If I ever do have the intention to deceive anyone, God forbid, surely I'll be a lot cagier about it.

Since this was purely a matter of clicking the mouse, I'll offer a casual "sorry 'bout that," and save an apology for when it really counts, when I've committed an offense of some moral consequence.
 

Grapeshot

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LeagueOf1291 wrote:
Task Force 16 wrote:
This whole thing could ahve been avoided if this 20 year old dimwit had just returned the books like she was suppose to. Better yet, If she wanted to keep the books, it would have been allot cheaper (and less of a hassle) to just go to a book store or go online to Amazon.com and BUY the friggin books.

I have to go with the others here. She got what she deserved.

Well, ain't that handy. She was stupid, no doubt. So despite the fact that a civil remedy coulda redressed the wrong done to the library, hey, never mind that, arrest her! Teach'er a lessin, the ol' dummy! You can't ignore a court summons about two library books! Who you think you are!

Man, it don't take much to rile up the rabble. this is scary.

What about some other debt? Say, a $200 public utility bill? Aren't you obligated to pay that? Huh? Huh? Durnit, that's public money! You stole from everbody!

In fact, why stop with arrest? How bout prison time until you pay it off?
Now you are comparing apples and oranges. Each situation has procedures proscribed for redress. In most states, the public utility can terminate your service for non-payment and will only reconnect after either paying or reaching satisfactory arrangements and further paying a substantial deposit. The law does not authorize arrest or prison time - I realize that you were being overly sarcastic, sir.

My point is that you are being disingenuous when you even sarcastically suggest prison time for an unpaid utility bill as if the comparison were valid. If you don't like a law, work to change it. If you think the young lady was so wronged, take up a collection for her.

By the "rabble" I take it to mean those of us that have an opinion different from yours. IMO - if "you ignore a court summons" about anything, you do so at your own peril. Instead of placing the blame on what most of us will admit is not a system without faults, leave it where it fell - on her. She was not being threatened with debtors prison, she ignored a court summons and ignoring such is not a civil breach!

Would you ignore a court summons? Would you be surprised and outraged if you were picked up by LE if you chose to so thumb your nose at the court? I think not, I know I would not be.

You speak of liberty and liberty denied. We all are at liberty to do things as we choose but choose badly and you will probably loose some of your liberty be it actual or monetary. We are not at liberty, sir, to each do as we individually choose and them claim fowl when we are called upon to be accountable for those actions.

Yes liberty does have a price and one of our liberties is the right to dissent.

Yata hey
 

cccook

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League I have to admire your passion for individual liberty. But I think the young lady in question did not give nearly so much thought concerning her liberty as the members on this thread. I believe she would be astounded by the deep and passionate discourse regarding her freedom and responsibility.

I mean, look at her mug shot. She appears to be having the time of her life. After all, now she has street credability and two new books.

She will probably never know that an honorable man defended her in the face of overwhelming dissent. Well done Freedom Warrior.
 

rodbender

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Grapeshot wrote:
Yes liberty does have a price and one of our liberties is the right to dissent.

Yata hey
Yes, dissent is good in some instances, but also realize that, with dissent, you may wind up in the calaboose.
 

LeagueOf1291

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Grapeshot,

I think I've been quite the opposite of disingenuous, which is defined as lacking in frankness, candor, or sincerity.

The very thing I've argued in all sincerity is that there's something wrong with the law when the law provides the means to place this woman in the custody of the state over a matter of two library books, when civil processes provide any necessary redress regarding those books, and particularly when her deprivation of liberty adds nothing to the redress of the wrong she did.

When one defends the law in this case, the same reasoning supports a law to arrest people for failing to pay a debt owed to a public utility. It's an apt comparison, not disingenuous at all.

I don't defend her conduct in the least. She has an obligation to the library, and she should live up to it, and I support civil processes to make right the wrong she did.

Let's not get lost in the forest here: Just stop and think for a moment at how vast the police power of the state has become when the state has the power to come to your house and arrest you over two library books. It's breathtaking. Is our liberty worth so little?

Of course not.
 

skidmark

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LeagueOf1291 wrote:
Grapeshot,

I think I've been quite the opposite of disingenuous, which is defined as lacking in frankness, candor, or sincerity.

The very thing I've argued in all sincerity is that there's something wrong with the law when the law provides the means to place this woman in the custody of the state over a matter of two library books, when civil processes provide any necessary redress regarding those books, and particularly when her deprivation of liberty adds nothing to the redress of the wrong she did.

When one defends the law in this case, the same reasoning supports a law to arrest people for failing to pay a debt owed to a public utility. It's an apt comparison, not disingenuous at all.

I don't defend her conduct in the least. She has an obligation to the library, and she should live up to it, and I support civil processes to make right the wrong she did.

Let's not get lost in the forest here: Just stop and think for a moment at how vast the police power of the state has become when the state has the power to come to your house and arrest you over two library books. It's breathtaking. Is our liberty worth so little?

Of course not.
So really your point is that the law is flawed, as oppesed to your opening comment:



This lady failed to return a couple of books to the library, so they arrested her. Cuffed her and took her downtown. Apparently, in this country, two books are worth more than the liberty of a human being.

God help us.
Remember, she was arrested, taken to the police station for booking, and informed of the bond required to secure her release. The police report states that she was able to satisfy the total bond (a little supposition on my part that it included the cost of the books and overdue fees as well as a surety).

She had her "day in court," where it was agreed that she had satisfied the debt regarding the cost of replacing the books plus the overdue fees.
Dalibor subsequently settled with the library by paying her overdue fines and reimbursing it for the cost of the two novels, which totaled around $180. http://www.thesmokinggun.com/archive/years/2008/0821081books1.html
As for the discussion of whether this should have been settled by civil judgement (garnishing her wages) we have this:
Dalibor's mother Patty told TSG that her daughter was "a good kid" who works two jobs. She is also now the owner of the Fitch and Brown books, which Dalibor got to keep as a result of paying off her library levies. http://www.thesmokinggun.com/archive/years/2008/0821081books1.html
If you know anything about garnishment actions, you know that it takes time and several court appearances to perfect a garnishment, and then time and administrative costs to collect, record and disburse a garnishment. Courts rountinely add on fees to cover those expenses, which would raise the total well above the $180 Ms. Dalibor paid for the books and her overdue fees.

Are you suggesting that the municipality should first subject the taxpayers to the expenses involved in perfecting a ganishment and then subject Ms. Talibor to the costs beyond her actual debt involved in paying via garnishment, when a less-expensive and less time-consuming process is/was available? All because arresting her (deprivation of liberty) is in your opinion harsh and excessive/oppressing?

Finally, I'd like to address your comment:
particularly when her deprivation of liberty adds nothing to the redress of the wrong she did.
Redress of wrongs has two components: 1) restitution to status quo ante (the way things were before the act) and 2) demonstration of the power of magesty. This is the method used to demonstrate to others that it is not a Good Idea[suP]TM[/suP] to violate the law, because there will be a penalty to pay and the penalty is not pleasant. Admittedly I'm not sure that theft of library books is so rampant in Grafton, Wisconsin that they need to make deterrance a big thing - but then again if you read the police report you will see that there were at least half a dozen miscreant scofflaws besides Ms. Dalibor, each adding to the taxpayers' expenses of maintaining a public library.

I have seen library systems shut down because there was not sufficient funding, and the consequences stretch far beyond the loss of ability to borrow books. I have seen municipalities where the public has openy refused to hold bake sales and other fundraising activities to force the municipality to budget sufficient funds for a library system just because the existence of a library, beyond the mere borrowing of books,was so important to the community. The Grafton, Wisconsin municipal ordinance regarding the use of legal force to collect fees and costs associated with overdue books says to me that some of the citizens of that community place a high value on the existence of the public library.

Additionally, arrest for a crime is the usual procedure the police follow. Ms. Dalibor committed "theft" as best I can make out from the Wisconsin law:
943.20


(1)Acts. Whoever does any of the following may be penalized as provided in $xhitlist_md=target-id=0-0-0-123985]sub. (3):


(a) Intentionally takes and carries away, uses, transfers, conceals, or retains possession of movable property of another without the other's consent and with intent to deprive the owner permanently of possession of such property.


(b) By virtue of his or her office, business or employment, or as trustee or bailee, having possession or custody of money or of a negotiable security, instrument, paper or other negotiable writing of another, intentionally uses, transfers, conceals, or retains possession of such money, security, instrument, paper or writing without the owner's consent, contrary to his or her authority, and with intent to convert to his or her own use or to the use of any other person except the owner. A refusal to deliver any money or a negotiable security, instrument, paper or other negotiable writing, which is in his or her possession or custody by virtue of his or her office, business or employment, or as trustee or bailee, upon demand of the person entitled to receive it, or as required by law, is prima facie evidence of an intent to convert to his or her own use within the meaning of this paragraph.


(c) Having a legal interest in movable property, intentionally and without consent, takes such property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or other person permanently of the possession of such property.


(d) Obtains title to property of another person by intentionally deceiving the person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. "False representation" includes a promise made with intent not to perform it if it is a part of a false and fraudulent scheme.


(e) Intentionally fails to return any personal property which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement after the lease or rental agreement has expired. This paragraph does not apply to a person who returns personal property, except a motor vehicle, which is in his or her possession or under his or her control by virtue of a written lease or written rental agreement, within 10 days after the lease or rental agreement expires.
http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&q=robbery
That, as opposed to your When one defends the law in this case, the same reasoning supports a law to arrest people for failing to pay a debt owed to a public utility. It's an apt comparison, not disingenuous at all.
[/quote]
which, under the circumstances is disingenuous.

stay safe.

skidmark
 

WhiteFeather

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The Catholic church places values on sins.

The amount of "Hail Maria" and writting of names and events was decided on the value placed on your sin.

If a man walks out of the gates of prison takes a deep breath and says "I'm free" and then gets killed by aperson with a vendetta.

A little girl is playing ball with her friends when a man drives his vehicle into the yard and kills the little girl.

Is there a difference between the two sins/crimes?

Is there some magical value placed on people differently because of their actions?

Some will argue yes but I believe life is life, sin is sin and crime is crime.
 

2a4all

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And if the library books were rare, out of print, or had been obtained by the library through some philanthropic gesture, how would adequate reimbursement be determined?

Sometimes, it comes down to "2 library books, fines and fees, XX dollars; 2 unique library books from the Thomas Jefferson Collection, priceless".

I think that's the underlying reasoning behind the library seeking to get the books returned, as opposed to just suing for damages.

Even having the books insured still doesn't get the book back for others to enjoy.

But ignore a judge's order? Be prepared to be arrested....
 

Prophet

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You beat me to my point Skid. The whole civil process takes time, garnishment and the like. So, because she stole the community pays. If she doesnt have property, a job or things of value (maybe she's just a college kid who plans on skipping town when she graduates to curate art in Europe) the town may never get that money.

BUT, when you enforce the law and her contempt by taking her downtown she realizes that its a bit more serious and guess what, everything is resolved before the sun goes down.

We too often bitch and moan about how slow the justice system works but here's an instance in which I believe the criminal had no intention of rectifying the situation and as such would have ignored citations, summons and the like.

I'm a business owner, if I hire a contractor to renovate a building of mine, we agree on a contract and then he decides to just skip out on doing the work when i pay him, instead of going through the 3 year process of trying to get my money back through civil court I would love to have him thrown in jail for a night until he gives me back the money he stole from me.

Now, isbreach of contract and theft of$60,000 in construction work more valuable than 2 library books? Yes. But as so many people enjoy saying on this site, either we're all equal or we're not...the same can be said for those who steal.
 

Grapeshot

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LeagueOf1291 wrote:
Grapeshot,
I think I've been quite the opposite of disingenuous, which is defined as lacking in frankness, candor, or sincerity.
I appreciate the English lesson - I did not define everything you said as disingenuous. "My point is that you are being disingenuous when you even sarcastically suggest prison time for an unpaid utility bill as if the comparison were valid."
The very thing I've argued in all sincerity is that there's something wrong with the law when the law provides the means to place this woman in the custody of the state over a matter of two library books, when civil processes provide any necessary redress regarding those books, and particularly when her deprivation of liberty adds nothing to the redress of the wrong she did.
R,e,p,e,a,t - she was not "place(d)...in the custody of the state over a matter of two library books." So what caused her to be picked on by the system? She ignored the court order!
When one defends the law in this case, the same reasoning supports a law to arrest people for failing to pay a debt owed to a public utility. It's an apt comparison, not disingenuous at all.
Is there a statute (cite please) allowing the arrest for this or are you just hypothesizing to support your conclusion. This is indeed disingenuous.
I don't defend her conduct in the least. She has an obligation to the library, and she should live up to it, and I support civil processes to make right the wrong she did.

Let's not get lost in the forest here: Just stop and think for a moment at how vast the police power of the state has become when the state has the power to come to your house and arrest you over two library books. It's breathtaking. Is our liberty worth so little?
She must have thought so as she did nothing to protect/defend herself.
Of course not.
I do not doubt your sincerity nor question your resolve to defend transgressions of our freedoms. On the other hand, I give little credence to spurious arguements.

Had the unfortunate lady been treated so poorly for only failing to return the books on time or been unable to pay her utility bill (5 days grace and busted), then I might agree with you. These are not the facts in evidence though.

Yata hey
 

Tomahawk

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da7f2q8 wrote:
And if the library books were rare, out of print, or had been obtained by the library through some philanthropic gesture, how would adequate reimbursement be determined?
How would putting her in jail get the books back?

I started reading this thread agreeing with skidmark, but I now see what League's point is. I have read libertarian theories which propose a state with very limited police powers, in which even murders are handled in civil courts and the ofender is required to pay for his violations of others' rights. This is, in fact, not too different from how things are handled in anarchic regions, like Somalia, where tribal courts handle crimes and award compensation to victims.

I'm not willing to go that far, but I see League's point.

I would make a distinction between violations against private individuals and stealing from public libraries, however, especially considering the library probably used stolen money (taxes) to buy the book in the first place.
 

JoeSparky

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LeagueOf1291 wrote:
Task Force 16 wrote:
This whole thing could ahve been avoided if this 20 year old dimwit had just returned the books like she was suppose to. Better yet, If she wanted to keep the books, it would have been allot cheaper (and less of a hassle) to just go to a book store or go online to Amazon.com and BUY the friggin books.

I have to go with the others here. She got what she deserved.

Well, ain't that handy. She was stupid, no doubt. So despite the fact that a civil remedy coulda redressed the wrong done to the library, hey, never mind that, arrest her! Teach'er a lessin, the ol' dummy! You can't ignore a court summons about two library books! Who you think you are!

Man, it don't take much to rile up the rabble. this is scary.

What about some other debt? Say, a $200 public utility bill? Aren't you obligated to pay that? Huh? Huh? Durnit, that's public money! You stole from everbody!

In fact, why stop with arrest? How bout prison time until you pay it off?

25 or 30 years ago in a small town in SW Missouri upon my application for a library card, I was read the riot act by an OLD biddy ( must have been about 90). She told me in no uncertain terms and made me read the part on the library card application that said... If borrower fails to return borrowed items the penalty can be a late fee, loss of ability to borrow, a fine, and / or arrest for theft. It also said that I would be responsible for any attorney or court fees and other cost associated with the collection of the debt....

Man, she was rude and in my face... but I wasn't ever late with the books....

The situation here could have ALL been avoided by simply returning the books, or talking to the library people and making arrangements to buy the books she couldn't or wouldn't return....

Once it got to the point that the courts were involved she should have responded to the summons. She appearantly elected to ignore the court summons. VERY UNWISE ON HER PART.... but it seems just the latest of a whole series of unwise choices!

If you don't like the system that is in place with YOUR library... get your city or county government to change the law.... failing that ....

If you can't do the time DON'T DO THE CRIME!

I don't care if it is 1 cent or 10 Trillion (yes, with a "T") Dollars... theft is theft!

JoeSparky
 
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