Welcome to This Site

Why is Backintyme Publishing (known for books about the U.S. color line) sponsoring a blog site about armed citizens and the justice system? It is because, like or not, it is impossible to disentangle U.S. crime from Black/White “racial” issues. African Americans are more likely to engage the U.S. criminal justice system than are non-Blacks.

As you may already know, African Americans are eight times more likely per capita to be victims of violent crime. They are eight times more likely to commit violent crime. Although only one-eighth of the population, they commit over half of the murders and three-fifths of the armed robberies. They are also the victims of over half of the murders and three-fifths of the armed robberies.

As you may not know, African Americans are more likely to report having been victimized to the police than are non-Blacks (who figure that the police will not do anything about it). Also, for Blacks, the more money you have, the more likely you are to become a violent-crime victim. For non-Blacks, the reverse is the case.

Verifiable data on the connection between the color line and crime is scarce because the issue is easily exploited for political agenda. The most reliable source is the National Crime Victimization Survey (NCVS). This is because NCVS relies solely on reports by the victims themselves, not on reports by the police. Police sometimes have incentives to exaggerate crime statistics or to blame Blacks when a perpetrator is unknown. Victims have no such incentives.

The essays presented here will discuss specific issues (answering police questions, consenting to searches, self-defense, search warrants, Miranda warnings). Nevertheless, you should understand two points up front: (1) reasonable doubt and (2) justice is not fair. Fail to grasp either point and you will never understand the justice system. If you are ever caught up in it, you will be destroyed. Forewarned is forearmed.

Reasonable doubt — In order to convict a defendant, the prosecution must prove its case beyond reasonable doubt. Under the law, what you know is worthless; only what you can prove is valuable. Millions of career repeat criminals are walking the streets right now. Most have been caught many times. They continue to be released each time because none of their crimes has been proven beyond reasonable doubt.

Justice is not fair — If a prosecutor persuades a judge or jury beyond reasonable doubt that you committed a crime, you will be destroyed. If imprisoned, you will be changed forever. If granted probation, your every move will be monitored and you will never again have the ordinary rights of citizenship. Whether you actually did it or not is irrelevant. Nobody cares. Memorize that. Nobody cares whether you actually did it. What they care about is whether they can make money off of you.

The volume of arrests has caused a boom in jail and court construction and the creation of a criminal justice system that employs hundreds of thousands, and requires ever more arrests to justify its existence. — Dale C. Carson and Wes Denham, Arrest-Proof Yourself (Chicago: Chicago Review, 2006)

Much of the money to support the justice system comes from defendants’ families. They pay the bail bonds, court costs, probation fees.

The system devours the investment capital of poor Americans and is one of the major reasons people stay poor. — Ibid.

Tens of thousands of innocent law-abiding Americans have had their lives destroyed because they were snared up in the justice system.

So please read these essays with the foreknowledge that: (1) reasonable doubt keeps criminals on the street, and (2) the unfairness of the system wrecks innocent lives. This may sound harsh, but there it is.

If it is any consolation, the justice system, with all its flaws, is the best method available for protecting society from criminals. The alternative to rule of law is rule by armed mobs led by local warlords, as in Somalia.

Next Time: Disobeying Lawful Police Orders


Frank W. Sweet is an NRA-certified firearms instructor who teaches the safe and effective use of handguns for self-defense. He was awarded an M.A. in Civil War Studies in military history from American Military University in 2001. He is the author of Legal History of the Color Line (ISBN 9780939479238), Six Gems of Forgotten Civil War History (ISBN 9780939479023), and of numerous published historical essays. To receive a schedule of his firearms training courses, email to fwsweet@ccwvslaw.org. The information above should not be construed as legal advice.

4 Responses to “Welcome to This Site”

  1. tutu skirt Says:

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  2. Mike Says:

    What a great site! I just read all your essays and bookmarked the site. Tried to log in but wordpress seems spastic.

    The lawful police orders thing, I’d love to know more about what is lawful and what is not. The only time I have ever been ordered to do something by police (except when I was being ticketed) I was across the street watching them harass some drunk guy. The cop shouted to me to walk away. This was in the 1980s, before people even walked around with cameras. I did walk away, and have never really known whether i needed to or not. This was halloween in Isla Vista, CA, the bedroom community of UCSB, it was quite a lively scene, presumably fueled by more than a usual amount of intoxicants, just for full reference.

    Anyway, thanks for a great site!

  3. Frank W Sweet Says:

    @Mike: What is a “lawful” police command? Good question. Come back on July 28, 2012. The post scheduled for release on that day will discuss this question in depth. The essay will focus on videotaping police, because that is where the issue most often arises nowadays, but it will also apply to any unlawful police command. For a short answer though, here are that essay’s opening lines:

    May you legally record (video and audio) police in public? Yes.
    May you continue recording, even after they order you to stop? Yes.
    Will you be arrested and jailed if you do? Yes.
    Will all charges be dropped? Yes.
    Will you have a permanent criminal record as a result? Yes.
    Will you then be able to sue for false arrest? No.

    “So the police can arrest me, handcuff me, drag me to jail, lock me up, and give me a permanent criminal record for doing something so completely legal that no prosecutor would ever file charges, and I would have no legal recourse?” Yes, that is correct.

    The July 28 essay explains how justice became so strange.

  4. Janeth Says:

    I work for the Law and closely with poclie, so I feel somewhat qualified to answer your question (and hope what I write is not too deep ). By your premise that illegal really does mean illegal, the same can be said of any criminal in any country. However, people still break the laws and get away with them. Two murderers can commit the same crime, yet depending on various factors (judge, attorneys involved, mental status of the defendant, the type and manner in which evidence is presented and a slew of other variables even including the controversial yet very real issue of race) one can receive a lesser sentence than the other or even be cleared of all charges! People like myself (the advocates if you will) that request the EVIDENCE such as poclie reports, attorney’s findings, internet links and so forth are the ones who have inside knowledge regarding the subject and wish to verify fact from fiction a practice I adhere to regardless of the subject. To take your question one step further, many of us are advocates because we feel that yes, there is a downside to immigration. However, let us look at it on a case-by-case basis as we would any other issue involving the legal system as Madam Justice is supposedly blind. Otherwise, why should one murderer be sentenced to life and the other only 15 years?