Comment: "the elements of a writ of

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"the elements of a writ of

"the elements of a writ of trespass must still be met and proven in a civil action involving a trespass"

I enjoy your "WE" poetry in satire of BILL3, and perhaps it is apropos, but something even more basic confounds me about the man. It's something that affords him the penchant to look in the future and imagine endless hypothetical scenarios of potentially criminal behavior and dream up laws to preventively address them. It also aligns him with the current trend in the way in which our legal system is unfortunately being transformed. That which is most beneficial in common law is being faded and repainted with the color of pre-crime. I haven't yet seen it, but people regularly suggest I watch the movie Minority Report. "Innocent until proven guilty" has been a wonderful concept and slogan, but it exists as an extension of something deeper. "If a tree falls in the forest, and nobody is there to hear it, does is make a sound?" Common law doesn't answer one way or the other. It doesn't even pretend to rationalize answering "No". Common law avoids the question altogether. It is unconcerned. It says, "I don't give a hoot! Next question?"

Whether he just doesn't get it yet or chooses not to, BILL3 apparently does not accept the traditional working model of "crime" as a legal construct. I can walk onto my neighbor's property without permission. I can even [or not] think in my own head to call it trespassing, but it is not a "crime" until someone accuses me of breaking the law [and henceforth proves beyond a reasonable doubt that I have done so].

BILL3 will continue to insufferably overblow Rothbard as more than academic until he gets this. Perhaps the future does hold a revolutionized concept of "crime", sad to think. Yes, and in that day we'll look back to Rothbard as a mere fossilized dinosaur. Our methods of enforcement and automated systems of accusation are increasing rapidly. Our varying perspectives on the use of the term "crime" seem to underlie to some degree most every debate I can think of currently...
http://youtu.be/GJO2uaPW4uI