Molon Labe! by Boston T. Party, Kenneth W. Royce Page A
Authors: Boston T. Party, Kenneth W. Royce
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Krempler did not explain that there are two kinds of crimes. A few crimes are mala in se , which is Latin for 'evil in themselves.' These would be crimes of violence and property, such as murder, rape, and robbery. By the way, we've all heard that saying 'Ignorance of the law is no excuse' haven't we? Do you know where it came from? From an 18th century British legal scholar named Blackstone. His Commentaries on the Laws of England had an enormous influence on our jurisprudence. Blackstone wrote about ignorance of the law in this way: 'Ignorantia juris quod quisque tenetur scire, neminem excusat.' Translation: 'Ignorance of the law, which everyone is bound to know, excuses no man.'
"What is that law 'which everyone is bound to know' ? Why mala in se crimes, of course. Everyone knows that it's wrong to murder, rape, and rob. Mala in se crimes are recognized in every state and in every nation as crimes, and they have been for thousands of years.
"So, what's been keeping our lawmakers busy since at least the War of 1812? Creating new and needless mala prohibita — wrongs prohibited. These 'crimes' are not evil in themselves, but merely wrong because some group of politicians said that they're wrong. For example, that your backyard fence may not be over eight feet high, or that your home may not have rock landscaping. Or that recently imported rifles may not have muzzle attachments with a particular pattern of holes or slots. These mala prohibita — and there are tens of thousands of them — differ from city to city, from state to state, and from nation to nation. We've all heard examples of those old, silly laws still on the books, such as the forbidding of whistling past a barbershop on Tuesdays. My client, Bill Russell has been tried under Title 18 of the US Code for such a 'crime.' He risks being convicted as a felon — a felon , ladies and gentlemen! — for a perfectly harmless metal part costing the price of lunch. 'Simon Says' that his muzzle brake cannot 'significantly reduce' muzzle flash. Whistling past a barbershop on Tuesday . . . "
The courtroom chuckles deeply at this. Jack Krempler says nothing, his face stern.
"Mr. Krempler will tell you that the law is not on trial, that we must all obey the law — even if it's a silly one — until we have persuaded our representatives to repeal it. Now that's fine reasoning for a fifth grade social studies class, but it doesn't quite hold water in the real world, does it? Supreme Court Justice Douglas once wrote this about the law: 'When a legislature undertakes to proscribe the exercise of a citizen's constitutional rights it acts lawlessly, and the citizen can take matters into his own hands and proceed on the basis that such a law is no law at all.' "
Every eye and ear in the courtroom is focused on Juliette Kramer. "Ladies and gentlemen of the jury, the law is merely an artificial invention to promote a reasonable society. That's it. The law is no more infallible than its authors. It's nothing to worship, and it's often unworthy of respect. As with any invention, it is to be valued and respected as long as it works . And for a law to work, it must be reasonable .
"Here is the real issue in this trial. Is section 921, subsection 30, part B, subpart iv of Title 18 of the United States Code" — Juliette pauses to take an exaggerated gasp of air — "reasonable?"
The entire courtroom giggles and Juliette's heart races with hope. Get them laughing, and they'll cease to fear. Without fear they can see the truth. She senses a tide turning in the room against the prosecution.
"According to 250 years of Anglo-Saxon jurisprudence, is it even a law which everyone is bound to know ? I mean, who in this courtroom besides Mr. Krempler had even heard of the thing? Could Mr. Krempler quote, for example, subsection 27 or subpart iii? Ladies and gentlemen, I — like any practicing attorney in federal court — have the complete set of the 50 Titles of the United States Code.
"What is that law 'which everyone is bound to know' ? Why mala in se crimes, of course. Everyone knows that it's wrong to murder, rape, and rob. Mala in se crimes are recognized in every state and in every nation as crimes, and they have been for thousands of years.
"So, what's been keeping our lawmakers busy since at least the War of 1812? Creating new and needless mala prohibita — wrongs prohibited. These 'crimes' are not evil in themselves, but merely wrong because some group of politicians said that they're wrong. For example, that your backyard fence may not be over eight feet high, or that your home may not have rock landscaping. Or that recently imported rifles may not have muzzle attachments with a particular pattern of holes or slots. These mala prohibita — and there are tens of thousands of them — differ from city to city, from state to state, and from nation to nation. We've all heard examples of those old, silly laws still on the books, such as the forbidding of whistling past a barbershop on Tuesdays. My client, Bill Russell has been tried under Title 18 of the US Code for such a 'crime.' He risks being convicted as a felon — a felon , ladies and gentlemen! — for a perfectly harmless metal part costing the price of lunch. 'Simon Says' that his muzzle brake cannot 'significantly reduce' muzzle flash. Whistling past a barbershop on Tuesday . . . "
The courtroom chuckles deeply at this. Jack Krempler says nothing, his face stern.
"Mr. Krempler will tell you that the law is not on trial, that we must all obey the law — even if it's a silly one — until we have persuaded our representatives to repeal it. Now that's fine reasoning for a fifth grade social studies class, but it doesn't quite hold water in the real world, does it? Supreme Court Justice Douglas once wrote this about the law: 'When a legislature undertakes to proscribe the exercise of a citizen's constitutional rights it acts lawlessly, and the citizen can take matters into his own hands and proceed on the basis that such a law is no law at all.' "
Every eye and ear in the courtroom is focused on Juliette Kramer. "Ladies and gentlemen of the jury, the law is merely an artificial invention to promote a reasonable society. That's it. The law is no more infallible than its authors. It's nothing to worship, and it's often unworthy of respect. As with any invention, it is to be valued and respected as long as it works . And for a law to work, it must be reasonable .
"Here is the real issue in this trial. Is section 921, subsection 30, part B, subpart iv of Title 18 of the United States Code" — Juliette pauses to take an exaggerated gasp of air — "reasonable?"
The entire courtroom giggles and Juliette's heart races with hope. Get them laughing, and they'll cease to fear. Without fear they can see the truth. She senses a tide turning in the room against the prosecution.
"According to 250 years of Anglo-Saxon jurisprudence, is it even a law which everyone is bound to know ? I mean, who in this courtroom besides Mr. Krempler had even heard of the thing? Could Mr. Krempler quote, for example, subsection 27 or subpart iii? Ladies and gentlemen, I — like any practicing attorney in federal court — have the complete set of the 50 Titles of the United States Code.
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