Libertarian Party Press Release Feb 15, 2002 - WASHINGTON, DC -- A New Hampshire woman who was arrested, handcuffed, and had her car impounded for not returning a late rental video is the latest victim of America's wacky criminal justice system, the Libertarian Party charged today.
"You don't return a video on time and you get treated like Hannibal Lector in Silence of the Lambs, and end up starring in Girls in Prison -- what kind of sense does that make?" asked George Getz, the party's press secretary.
"Yes, it's easy to make jokes, but this is a case study of how, in a society where politicians can't stop writing laws, everyone eventually becomes a criminal -- even if your only 'crime' is forgetting to return a video."
The saga of America's Most Wanted Video Criminal started on Thursday, when Jessie Cohen of Portsmouth, New Hampshire was stopped by police for having a broken tail light on her car.
During the routine license check, police discovered an outstanding warrant for Cohen, dating back to 1997, for allegedly not returning a rented copy of the 1996 movie, Sleepers. She had rented it from an Epsom, New Hampshire video store.
Cohen was charged with misdemeanor unauthorized use of rental property, was handcuffed, had her 1987 Cadillac impounded, and was taken to jail and fingerprinted. She faces a fine of up to $1,200.
Cohen said she had no memory of renting the video, and said she had never received any notice from the store that the video was overdue. The arrest, she said, "seems like a lot of trouble over a tape that probably cost $10."
Actually, the arrest is a microcosm of what's wrong with the American criminal justice system, said Getz.
"This is a classic example of How Good Laws Go Bad," he said. "The law against unauthorized use of rental property was written to protect car rental companies from people who rent a car, but never return it. That's a legitimate law designed to protect companies against costly rental fraud or theft.
"But now, the law has been dumbed down so much that if you forget to return American Pie 2 on time, you need to start plotting your Escape from Alcatraz."
Unfortunately, this isn't the only law that has expanded far beyond its original intent, said Getz.
"Take asset forfeiture laws: Originally designed to target the illegal profits of drug kingpins, they have been expanded to allow the government to seize property in cases of suspected prostitution, illegal gambling, or failure to pay sales taxes. Federal agents can now seize property under 200 different statutes.
"And RICO laws, originally designed to target Mafia crime bosses, are now used against stores that sell allegedly obscene videos, against the tobacco companies, and against investment companies for skirting tax laws."
In each case, said Getz, "Laws are subject to mission creep -- and their enforcement gets creepier and creepier, until you find yourself starring in the World's Most Dangerous Police Videos for forgetting to return a video."
What's the solution? More common sense and fewer laws, said Getz.
"Politicians need to curb the urge to treat every minor problem as an opportunity to write a new law," he said. "Police need to direct their resources against real criminals. And New Hampshire needs to take the 'Bust her!' out of Blockbuster."