The IUSB Vision Weblog

The way to crush the middle class is to grind them between the millstones of taxation and inflation. – Vladimir Lenin

YOU Commit Three Felonies Every Day – Idiot Indiana prosecutor goes after old woman for buying two cold medicines.

Posted by iusbvision on September 29, 2009

First let us start with the Wall Street Journal:

Boston civil-liberties lawyer Harvey Silverglate [who has been actively involved with the Foundation for Individual Rights in Education – IUSB Vision Editor] calls his new book “Three Felonies a Day,” referring to the number of crimes he estimates the average American now unwittingly commits because of vague laws. New technology adds its own complexity, making innocent activity potentially criminal.

Mr. Silverglate describes several cases in which prosecutors didn’t understand or didn’t want to understand technology. This problem is compounded by a trend that has accelerated since the 1980s for prosecutors to abandon the principle that there can’t be a crime without criminal intent.

Some say that ignorance of the law is no excuse and if thats your view I suggest that you go turn yourself in immediately because you ARE guilty of something. Our government is so large and so foolish that it has creates so many laws and regulations that no one could possibly follow them all and will inadvertently violate some of them every single day.

Do you have any idea how many laws you violate when you have a garage sale?

Idiot Indiana prosecutor goes after old woman for buying two cold medicines:

Wabash Valley woman didn’t realize second cold medicine purchase violated drug laws

By Lisa Trigg
The Tribune-Star

CLINTON — When Sally Harpold bought cold medicine for her family back in March, she never dreamed that four months later she would end up in handcuffs.

Now, Harpold is trying to clear her name of criminal charges, and she is speaking out in hopes that a law will change so others won’t endure the same embarrassment she still is facing.

“This is a very traumatic experience,” Harpold said.

Harpold is a grandmother of triplets who bought one box of Zyrtec-D cold medicine for her husband at a Rockville pharmacy. Less than seven days later, she bought a box of Mucinex-D cold medicine for her adult daughter at a Clinton pharmacy, thereby purchasing 3.6 grams total of pseudoephedrine in a week’s time.

Those two purchases put her in violation of Indiana law 35-48-4-14.7, which restricts the sale of ephedrine and pseudoephedrine, or PSE, products to no more than 3.0 grams within any seven-day period.

When the police came knocking at the door of Harpold’s Parke County residence on July 30, she was arrested on a Vermillion County warrant for a class-C misdemeanor, which carries a sentence of up to 60 days in jail and up to a $500 fine. But through a deferral program offered by Vermillion County Prosecutor Nina Alexander, the charge could be wiped from Harpold’s record by mid-September.

Harpold’s story is one that concerns some law-abiding citizens who fear that innocent people will get mistakenly caught in the net of meth abuse roundups.

But the flip side of the story comes from the law enforcement arena, which is battling a resurgence in methamphetamine production in the Wabash Valley.

As the 12th-smallest county in the state, Vermillion County ranked as the state’s fifth-largest producer of methamphetamine just a few years ago.

“I don’t want to go there again,” Alexander told the Tribune-Star, recalling how the manufacture and abuse of methamphetamine ravaged the tiny county and its families.

While the law was written with the intent of stopping people from purchasing large quantities of drugs to make methamphetamine, the law does not say the purchase must be made with the intent to make meth.

“The law does not make this distinction,” Alexander said.

Anyone who has taken a law class knows that intent or criminal neglect/recklessness is one of the three conditions for determining if a crime has been committed. The charges should be dropped all together without paying court costs. She should have been interviewed but never arrested in the first place. Alexander is a lawyer who is supposed to be educated and enlightened and yet has no ability to use some common sense or to exercise her power with reasonable restraint.

Examine the comments under the story from the Tribune-Star. At the time of publishing of this post not one commenter supported the arrest of Miss Harpold proving once again that the average Joe is wiser than the enlightened elite.

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