Malum prohibitum (plural mala prohibita) is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute as opposed to conduct evil in and of itself, or malum in se (plural mala in se).
Conduct that is so clearly violative of society’s standards for allowable conduct that it is illegal under English common law is usually regarded as malum in se. An offense that is malum prohibitum may not appear on the face to directly violate moral standards. The distinction between these two cases is discussed in State of Washington v. Thaddius X. Anderson:
Criminal offenses can be broken down into two general categories malum in se and malum prohibitum. The distinction between malum in se and malum prohibitum offenses is best characterized as follows: a malum in se offense is “naturally evil as adjudged by the sense of a civilized community,” whereas a malum prohibitum offense is wrong only because a statute makes it so.
Check out Wikipedia’s list of mala prohibita offences and you’ll recognise many, perhaps most, as classic victimless crimes. Of course, all laws prohibiting victimless crimes now on our statute books should be repealed. As a libertarian, writing for a (mostly) libertarian audience, I take that as a given.
What concerns me in this post is not that victimless crimes are on our statute books, it’s the sheer number of mala prohibita offences on our statute books. It’s a number that keeps getting bigger and bigger.
Why is the number of such offences a concern? Because, as honest lawyer Scott DeSalvo points out
More and more things are being criminalized, so the number of otherwise law-abiding citizens who are technically guilty of a malum prohibitum crime rises.
This has the effect of causing everyone to be technically illegal, and thus in fear of a rightful imprisonment and seizure of property for what amounts to perfectly acceptable conduct. This shuts everyone up—no one wants to protest wrongdoing
We live in a society that I am sure all … can agree features too many malum prohibitum crimes (crimes that aren’t like murder, which are bad in themselves, but illegal because a politician said so). Witness the MASSIVE numbers of new such laws—seatbelts, helmets, cellphone use, smoking bans, foie gras bans, etc. that have been passed recently. And also consider innocuous use of marijuana at home—illegal, but not hurting anyone. Congratulations, we are all criminals in a society with too many laws that aren’t sensical or necessary. Now that we are all technically criminals, the government can snoop on us, right? Give me any person, let me snoop through their stuff—I promise, I’ll find some technical violation of some law.
So, you can see, we are on the way [to a totalitarian dictatorship.]
It’s time to call a moratorium on new legislation. Whoever’s driving the ban wagon, for pity’s sake, hit the brakes!
The Treaty settlement process of recent years has been nothing short of systematic Treachery.
Not only have the People of New Zealand been forced to accept an apartheid system of Racial preference, they have also be deceived and robbed of Millions upon millions of Dollars.
The scale of this theft is monumental.
And this crime has been perpetrated by a malignant minority of Low lives.
Any notion that the settlement process has been what the Government claims it to be ie ‘redressing legitimate grievances’ can only be maintained by the most gullible and deluded Moron!
I ask why successions of Labor and National party governments have allowed this business to be orchestrated by blatant racists?
Countless times, the process, and the people involved in this ‘grievance industry’ have been exposed as outright dishonest and even Criminal!
Both National and Labour (and their minor party minions) have committed the highest form of treason against us by aiding and abetting a Mega Million dollar Extortion racket.
The latest revelations regarding the dishonesty of the Radical Separatist and Treaty Lawyer, Atareta Ponanga ought to send shock waves throughout the country!
You can read about her crimes and extreme bigotry in today’s NZ Herald article ‘Face of militancy debarred for forgery’.
Former activist turned Lawyer showed no remorse after falsifying Treaty signatures. Lawyer struck off…
Now here is a Racist Bigot of the highest caliber.
She Hates Pakeha.
As a ‘Maori Nationalist’ She absolutely Rejects The Treaty of Waitangi, calling Non-Maori New Zealanders Riff Raff, and says they ought to either Leave the country or accept Maori Sovereignty.
How, I ask, was it possible that such a Lawyer whom rejects British sovereignty …though it was accepted by the Maori Chiefs whom signed the treaty… how has she been allowed to handle 35+ Treaty claims, involving *‘Much of the North Island’*???!!!!
Pause and contemplate the travesty that fact represents!
Knowing that these grievances and Treaty claims which affect ‘much of the North Island’ have been fabricated by such a Demonic personality, possessed of militant racist hatred, Now a convicted Fraudster, whom is Hell bent on alienating an entire country, and disenfranchising Millions of Kiwi Citizens ought to provoke a National outrage!
How can the govenment maintain it’s claim that the treaty settlement process is bona fide?
We, the people of New Zealand of all races have allowed ourselves to be taken as fools, reduced to second class subjects, and ripped off on a gigantic scale, via a massive fraud that does nothing less than falsify the history of our country!
Satan Himself must be impressed!
The whole business stinks to High Heaven!
It was because of the falsification of New Zealand history for the political ambitions of extorting loot via the settlement process that Dr John Robinson wrote his book ‘The Corruption of New Zealand Democracy’
The exploits of this vile racist are exactly the sort of fraud I was talking about when asked by TV 1 presenter Shane Taurima my opinion of the treaty settlement process as a participant in ‘The Great Waitangi debate ‘Is The treaty holding Back New Zealand?’ TV1 Feb 2010. I said it was a complete Farce!
This is exactly the sort of lies and deception which provoked the late Stuart Scott to write his two books ‘The Travesty of Waitangi’, and ‘Travesty after travesty’
We must stop them!
I must ask you this.
Will you merely shrug your shoulders in apathy… pretending everything is ok?
Are you going to allow yourselves to be so utterly robbed and deceived without protest?
If so I call you Cowards!
If so I say you have a Slave mentality… you are unfit to call yourselves a free and enlightened people!
Stir up a whirlwind of Protest!
Contact your Local Political Party representatives and MPs, and express your indignation! Tell them you know they have defrauded you.
Tell them they will never get another vote from you unless they act to put an end to Waitangi apartheid!
Tell them you demand the fraudulent and immoral Waitangi grievance industry to be halted forthwith.
Tell them you will tolerate No more lies… no more Extortion!
Demand Racial equality before the Law!
Demand an end to the Separate electoral rolls and Racist seats!
We Need a Constitution of Equality before the Law and Limited Government.
It is time to get up off the couch and stand with those of us whom have had a guts full of this Racist scam and are fighting to put an end to it.
Shane Cameron swallows Reality pill. Dont Dis the Tuaminator!
It is interesting how with the process of time reality has a way of exposing Ignorance and folly, and bring unpopular truths into the light.
It is even more interesting to watch the various ways the Tyrants and Sheeple respond.
Collectivist Communism Bankrupted the Soviet Union, which was a reality pill not wasted upon the Chinese Communists, who responded by modifying their Economy to align more closely with Western socialist democracies which have a modicum of Free enterprise, and private property, yet in reality is not ‘Free’ at all, but heavily regulated, and Taxed by a large, powerful, and meddlesome State.
Yet the Chinese now have discovered they have not prevented the collapse of their Regime, but merely postponed it by a few decades, as the economic model they assimilated from the West is likewise fatally flawed.
The West now Reels under the Teachings of Painful Reality… that their model of socialism is also ‘unsustainable’ … it just takes a little longer than full blown Communism to implode.
This fact is proven by the massive debt crisis which Socialist democracies now face, having been driven into the ground by elected Big spending Anti-freedom, Anti-Capitalists. All the roits in the world cannot alter the truth. Socialism is a failure.
The bankrupt reality of Powerful, Big spending, heavy handed Socialism with their Grand Collectivist delusions and Micro management of society holds true across the board, and has now forced a heavily indebted Hamilton City council into ‘austerity mode’ Which Council downsizing and selling off assets ( ‘Austere decade ahead’ Waikato Times Saturday June 9 pg A5).
‘Indoor Rec Center… No Funds.
Municipal Pools… closed.
Pensioner Flats… for sale.
YMCA… For Sale.
IBIS/NOVOTEL… For Sale.
COUNCIL SERVICES… $6M CUT.’
The current crisis is exactly as I predicted.
I have spent the last decade campaigning for council, warning the people of Hamilton that Bankruptcy and pain was comming to town like an inexorable Juggernaut.
During elections I told Mayoral Julie Candidate Hardacre that she would have to reneg on all her big Ideas and Campaign promises, yet this did not deter her from continuing to pedal her ‘popular’ delusions, and thus she was elected upon Fraud, folly and worst of all an orchestrated ignorance.
Mrs Hardacres fantasies received full Media support, while my Economic and Political truths were marginalized, and treated as whack (Except by the Local Paper Hamilton News, whom have always done a fantastic job of presenting alternative perspectives thanks to the efforts of Editor Colin Vincent)..
I was left out of the political debates, perverting democracy by keeping many voters in the dark about the real state of affairs faced by the H.C.C and the necessary alternative direction which I represented.
Most voters were not aware of the choice that I represented as a candidate.
Time is up!
The Apocalypse has arrived!
Now though I continue to be ignored by the Media, The truth of My Prophecy cannot not be ignored anymore than Gravity can be.
The Waikato Times article mentioned above shows that many of my unpopular policies are now being
forced upon the council…against their will. The travesty is that they are now being implemented by the charlatans who got elected by promising to spend more, not less.
It is a real pity that the Media and Hamiltonians did not heed my warnings as I could have implemented a systematic program of reform when things were not so dire and thereby would have been able to get better returns on asset sales, during a better economic climate… unlike the ‘fire sale’ that we must now endure.
I am still awaiting a knock on the door from the Political Journalist of the Waikato Times who ought to be aware of these important facts I am presenting here, and interested in getting the truth out to their readers… the voting public so they may make better choices next election.
It is an interview which will never happen.
I would also love to see an article In The Waikato Times which reviews all the Campaign promises of the current bunch in council, putting to them the hard questions of how they expected to fulfill their pledges when there was no money to do so? Did they make their pledges out of an extreme ignorance?
If so they expose the naked reality that they are unfit to be in council.
Did they make their promises simply to fool the voters and get elected?
If so they exposed their Political dishonesty, and they ought to be thrown out of Office. This is something which Minister of Local Government Rodney Hide failed to do. Tits on a Bull I say!
Thus like all socialist democracies Hamilton wallows in debt. A circumstance arrived at via Ignorance, Delusions, Lies, Complicity. All foreseeable. All preventable. Yet this is a tale still kept in the dark like a dirty secret because no one wants to admit the truth!
The Libertarians have been right all along and that we now wallow in the mire is the price we must pay because no one wanted to face Reality.
Socialist Big Government does not work.
Yes, I know. Last Thursday was the day for the pundits to comment on the National government’s 2012 Budget. But I can think of few things more soporific than stimulus packages or more boring than budgets, and last week’s Budget was even duller than usual. David Farrar has a summary of 2012 Budget highlights. See what I mean?
But there is one aspect of the 2012 Budget—not mentioned in Farrar’s list—that should be highlighted. It’s the $78.5 million Finance Minister Bill English allocated to IRD audit. Thanks to atheist Mark Hubbard over at Life Behind the Iron Drape for bringing this to my attention. Here’s his blog post in full.
In New Zealand’s 2012 budget, Bill English just grew the fascist thug state by an extraordinary extent. The money allocations to health and education sounded like a Labour Party lolly scramble; there is in this budget only the further expansion of the state. As Clive James said of the Soviets, they thought they had free health care, but it ended up costing them everything they had. Well English just imported that hollow ethos to New Zealand. Significantly, the first money allocation in Herr English’s speech was a huge $78.5 million to IRD audit. Now move your eyes up and read my blog by-line again. Read it, the paragraph in italics: understand what is funding every other allocation to the state. $78.5 million into the systematic persecution of this country’s productive, who, unlike this government, haven’t lifted a finger to initiate force on their fellow man.
Bill English, please take this personally, you are a true National Socialist: you are my enemy, as you are the enemy of all free men. I suggest you wear a brown shirt to Parliament from now on. I’m too angry to write anything further. When will there be the Western Spring, to wrest our liberty back?
Visit Mark’s blog to read his blog by-line. Here’s his disclaimer.
Disclaimer: If you pay anything other than the correct amount of tax – as hard as that can be to calculate under our mess of tax law – then you’re a bloody idiot. The state will squash you like a bug.
The Western Spring may be sooner than we think. That the State is allocating an additional $78.5 million to the task of squashing tax defaulters like bugs suggests that socialism is already starting to run out of other people’s money.
Who ever believed John Key when he promised to deliver a budget surplus by 2015?
Via spin in the media we are told John Key now says that the global meltdown in Europe threatens to ‘delay’ his promises of a Budget surplus … Yet I say *This is Bullshit* fit only to be swallowed by dung beetles!
Because we all knew there was a major meltdown in progress at the very moment he made his Bullshit claims!
This Crisis is not a new Crisis… it’s the same crisis!
*Key and the National party are a bunch of dirty Politic-ing LIARS!*
Who voted for these vermin?
While I think a Key/ English zero-increase in expenditure is much better than a Labour/Shearer Big spend up ‘stimulus’… The truth is debt will still be increasing at the current criminal rate! (400 million per week).
Wail o ye Pitiful souls!
What? You say that you were forced to choose between The greater or lesser evils?
The truth is you have had Honest Libertarians on your Ballots for over a decade!
Yes! I refer to those Pesky Seers of ‘Economic Hellfire and Socialist damnation’ you spurned as ‘Nut bars’… the Fringe dwellers the Media ignored… they were right… they are still right!
The Global meltdown is a Giant testimony to the Failure of socialism and the Regulated Economy!
That Millions sit with baited breath awaiting ‘the Budget’… as if awaiting a proclamation from Almighty God Just goes to show how politically enslaved….How deceived …. How un-self reliant the entire country has become!
In reality… if we were a healthy nation of free and self reliant people, The Government Budget ought to be of minor significance… Not as it is today… a matter of life and death!
This is a testimony to the tyranny and Nannyism We have accepted.
It is a testimony to our slavish / childish / pathetic worship of Little Gods Like Key and Shearer… at whose feet we grovel!
What a shameful pathetic people we have become!
Will you continue to swallow their filthy lies rather than face the truth?
We Must stop borrowing Money to feed the Beast!
We Must slit Nannys scaly throat and Liberate Lady Liberty from her Gulag!
We must Man up!
We must Slay the Beast for our children’s sake…and Face the world as freemen!
Lest you sell your children to Satan!
How can Freedom be any worse than this?… You are slaves of fear!
When will you realise that Big Government is millstone shackled around our necks?
When will you grasp the truth that the font of prosperity is not centralised political power… but the industry of a free and enterprising self-reliant people?
When the Bible says “Charity never faileth…” its talking about the virtue of always being charitible, not that there wont ever be derths of Charity. History is filled with deeds and ages of inhumanity.
It ought to be obvious that true charity and compusory taxation are not the same thing.
One gives in liberty from a heart felt love of humanity and a self imposed moral obligation to help his neigbour when they are in need, while the other is obliged to give ‘welfare’ via Government coersion… and not from the heart at all.
Social welfare is not Christian charity. Welfare via coersion is actually an alternitive Anti-Christian system of ‘false alms’. Many Christians foolishly mistake Lefty communism for true Christian charity.
“The process of converting social power into State power may perhaps be seen at its simplest in cases where the State’s intervention is directly competitive.” A Nock.
A Face book conversation I am currently having reminded me of a great political thinker… Albert J. Nock
The conversation was started when a fellow face booker posted an article that The Super City Council was considering making Auckland Ratepayers fork out for the building of a dry dock for the benefit of the super Rich mega yachts.
He lamented this expense…
“Instead of the city propping up unprofitable business adventures, there are plenty of other projects crying out for funds that have no appeal to private enterprise but will be of direct benefit to all – or groups – of ratepayers. Just the other day came a story that Auckland’s 777 community sports fields are closed more than 20 per cent of the time – more in winter when most needed – because of poor drainage.”
He believes that would be misguided values and a gross injustice to use Ratepays money to build a dry dock for the wealthy and Better spent by government upon Drainage for a community sports ground.
This may sound like a good proposition to many yet I think he is making a serious mistake, which is to assume it is a good thing for the Government to be involved in things ‘which Free enterprise has interest yet will be a direct benefit to all”. He is assuming that unless the Government steps up… things like the poor drainage of a sports field would never be resolved.
Concuring with this mans first point that it would indeed be a travesty for the state to build dry docks for the wealthy… and then moved strait to the point he made in respect to …’other beneficial projects that have no appeal to free enterprise’
“May I suggest it is neither just or necessary to use political coercion to make these ‘Non attractive yet socially benificial projects’ a reality either.”
I offered up my Libertarian alternative…
“There is the mechanism of the voluntary association/ society by which the spirit of charity and social wellbeing is voluntarily organized in non-profit organizations. It is via these mechanisms that people may show their Humanitarianism without recourse to Political coercion or using the ‘filthy lucre’ of money Politicians have extorted from the people via Rates and taxes. B y leaving all such ‘projects’ to the voluntary sector and forbidding the Councils or Government from getting involved in such things we can rope in Government Medaling and better control their expenditure. This way we restrict their powers and spheres of operations to their proper duties, and set up the dynamics of society by which Non-political solutions to problems and needs are both understood and may prosper.
Albert J Nock wrote on this important subject and showed that The more social responsibilities the state takes control of, the more the Self-reliant Social spirit of the community atrophies , and so becomes less able to fend for itself, and more dependent upon the state.
This is the Process by which the people are rendered irresponsible and gullible worshippers of Nanny State because they assume all life’s problems have political solutions.
We Libertarians seek to reverse this process and thereby increase society’s ability to look after itself in freedom, and reduce dependence and the costs, and spheres of operation of the state.
It is a society in which voluntary associations flourish, and Government expenses bureaucracy are kept to a minimum.
The Christian fellowship is a voluntary association.
It ought never to be used as an excuse for political impostions of private ‘values’
It preaches voluntary embraced values, voluntary action, voluntary charity, thus functions propery without political coersion.
Christian virtue, self reliance, and Liberty are in harmony.
“Thus the State “turns every contingency into a resource” for accumulating power in itself, always at the expense of social power; and with this it develops a habit of acquiescence in the people. New generations appear, each temperamentally adjusted – or as I believe our American glossary now has it, “conditioned” – to new increments of State power, and they tend to take the process of continuous accumulation as quite in order. All the State’s institutional voices unite in confirming this tendency; they unite in exhibiting the progressive conversion of social power into State power as something not only quite in order, but even as wholesome and necessary for the public good.”
A Nock. Our Enemy, the State
The State, always instinctively “turning every contingency into a resource” for accelerating the conversion of social power into State power, was quick to take advantage of this state of mind. All that was needed to organize these unfortunates into an invaluable political property was to declare the doctrine that the State owes all its citizens a living; and this was accordingly done. It immediately precipitated an enormous mass of subsidized voting-power, an enormous resource for strengthening the State at the expense of society…”
A Nock. Our Enemy, the State
I recently got a 12 mth Rego sticker for my bike. It cost me $530.00. (@$%%^! #%^&&^%$!)
I dont ride it everyday.
This bike is my Prozac. A Drug free release from the wallow of Bullshit that is my life,…Its liberating and a thrill, yet of course ‘The Man/ The Machine/ Mammon’ rapes my pocket for the privilege.
Because I only ride it once a month, that means 530/12= $44.00 per ride…just for registration! before fuel!!! and the biggest component of that goes to ACC.
That is a ^&*&^^%R$ Rip off!
ACC Sux Dogs Balls!
@#$%^&^&&* Rapist Socilaist State!
In Booker T Washingtons Autobiography ‘Up from Slavery’ there is a story about a slave being sold. In retelling the event he said “There were five of us; myself and brother and three mules.”
That is as funny as it is tragic.
Liberty lovers are about as excited about the approach of Election Day this Saturday as Slaves at a market. We are painfully aware that no matter whom wins, our slavery will continue. We will be treated like Beasts of burden.
It is cutting to be surrounded by willing slaves, whom actually believe our slavery to Socialism is good and that Libertarians like myself are fools to believe in Freedom.
The absolute travesty of the Election process, esp the whore-ish sycophantism of the so-called ‘Free Press’ is unbearable! The Evils of state control of the Education system has resulted in the so-called free press becoming the Lap dogs of the Status quo. Thoroughly indoctrinated and certified by the State, they willingly peddle the Official line.
Our Country is marching towards destruction like Children enchanted by the Pied Piper.
You think Im exaggerating dont you…FOOLS!
I would board a Plane and fly away… yet what is happening here in our crappy little Hippy commune is happening the whole western world over. There is nowhere to run.
Thus I and my fellow Liberty lovers are trapped like rats. Dont get too close… We may Bite.