Gregg Bell's Blog

October 21, 2022

Is the law good or bad?


 

On the verge of releasing my first legal thriller, I've been thinking (and researching) more about the law than ever. 

A wave of lawlessness over the summer had violent crime increasing dramatically. People are afraid. And not just in big cities. Car jacking crimes are particularly on the rise. Organized burglary crews brazenly commit coordinated "smash and grab" crimes in high-end stores. Street takeover crimes are increasing. Train cars are looted with impunity. Everywhere, criminals are bolder, less fearful of prosecution.

Ineffectual laws encourage such a situation. California laws drastically weakened the penalties for shoplifting. In my home state of Illinois, the "Safe-T" act (nicknamed "catch and release" by its detractors) passed the legislature, was signed by Governor Pritzker, and will go into effect the first of the year. The law, at the discretion of the judge, allows people accused of violent crimes (including second-degree murder) to be released without having to post cash bail.  

So, laws can be inexcusably weak, and yet other laws are excessive, unevenly applied, and unfair. Laws that allow gigantic multinational companies to pay no federal income tax. An Oklahoma mother of four receiving a twelve-year prison sentence for a $31 marijuana sale. Extreme mandatory sentences for minor offenses. 

Laws are often so broadly written that they have the unintended consequence of harming people the laws were never intended for. Often laws, especially at the national level, are written by corporate lobbyists because the legislators are too busy raising funds for their re-election efforts. I read a book recently that said there are so many laws on the books that the average American commits three felonies a month without even realizing it. 

The FBI shows up at your door. They ask questions. You want to help. But you're nervous. Maybe your memory is not so good. Maybe you should request a lawyer—but that might look bad. Anyway, you say the wrong thing. 

But that's not how the FBI will view it. 

You have just provided them with an opportunity to indict you for lying to a federal officer. Maximum penalty—five years in federal prison.

There are over 4,000 federal crimes alone. Are you sure you haven't broken any of them? And ignorantia juris non excusat. "Ignorance of the law excuses not."

Imagine you're arrested and charged. Rather than go to trial, the prosecutor offers you a deal, a plea bargain. If you go to trial, you can get 40 years. If you plead guilty, you'll receive 18 months. Who is going to roll the dice facing such a drastic penalty for going to trial? So, people often plead guilty even though they're innocent. In the United States, 95% of people charged with a crime plead guilty. Surely, a lot of them are guilty, but the excessive sentences prosecutors propose should they go to trial certainly causes many innocent people to plead guilty.

The effect of such injustices—the United States has 5% of the world's population and 20% of its prisoners.

So, do we need more laws? Less laws? Better laws? These are ongoing questions that will never be fully answered, but questions that nevertheless direly need to be addressed.


 

 

 

 

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Published on October 21, 2022 16:06

July 3, 2021

Why I like dogs.

 I like them because they're like me--they like to play.

There are other reasons too, but that's the main thing. Dogs are always up for playing. The other day I was stuck at a traffic light and...



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Published on July 03, 2021 16:20

October 17, 2020

Why Clothes Are Dangerous

Ever since the fig leaf (and I imagine even they had problems back then too--like what if fire ants were on the fig leaf?) there have been problems with clothing being dangerous.
I was driving last...



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Published on October 17, 2020 21:10

March 23, 2020

You are loved!

Life can be scary.


It can seem overwhelming.



Sometimes the world seems like it's spiraling out of control.




And you feel so alone.




It feels like one more step could lead to...



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Published on March 23, 2020 11:20

February 23, 2020

Why you don't want to watch a movie with me

I know I should be writing positive, engaging things, but come on, positive, engaging things are rarely interesting. So here is why you don't want to watch a movie with me.

My attorney-friend Danny...



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Published on February 23, 2020 15:58

October 13, 2019

How to know where your golf ball ends up when you can't see it land

I was playing golf the other day with some buddies, and one of them (not me of course!) hit his golf ball hurtling off the golf course toward a house that lined the fairway. (People love to live on...



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Published on October 13, 2019 15:27

May 23, 2019

Sleeping is trying to kill me

Okay, if you enjoy sleeping, this is not for you. However, if you're regularly traumatized when you sleep, read on, and I'm sure you'll be able to relate.

Sleep is so wonderfully regenerative. (Hum...



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Published on May 23, 2019 10:44

December 7, 2018

My doctor is trying to kill me!

Oh, you're exaggerating, you're thinking. Well, you decide.

My doctor is old school. He definitely fits the "old" part of old school, but I'm not sure he went to school, at least not medical school....



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Published on December 07, 2018 16:58

November 16, 2018

My car is trying to kill me!

Okay, maybe it's not that bad, but I swear my car is trying to kill me.

It started subtly. I bought my car at one of those re-seller places, which I won't name so I don't get sued. This was 2007 and...



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Published on November 16, 2018 10:44

October 26, 2018

My hair dryer is trying to kill me!

Okay, full disclosure: that is not me in the photo.

And secondary full disclosure: I'm a guy.

Okay, I used to have this little hair dryer. It was so tidy. It was like a gun but a gun with a very...



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Published on October 26, 2018 16:02