1998 Ron Paul 22:1
Mr. PAUL.
Mr. Speaker, I rise today in opposition
of H.R. 2460, The Wireless Telephone
Protection Act. Setting aside the vital
and relevant question of whether the enumerated
powers and tenth amendment allow the
federal government to make possession of
electronic scanning devices criminal, another
aspect of this bill should have met with harsh
criticism from those who hold individual liberties
in even some regard.
1998 Ron Paul 22:2
Under current “anti-cloning” law, prosecutors
must prove a defendant intended to use
scanning equipment illegally, or have an “intent”
to defraud. This bill shifts the burden of
proof of “innocent use” from the prosecutor to
the defendant.
1998 Ron Paul 22:3
The United States Constitution prohibits this
federal government from depriving a person of
life, liberty, or property without due process of
law. Pursuant to this constitutional provision, a
criminal defendant is presumed to be innocent
of the crime charged and, pursuant to what is
often called “the Winship doctrine,” the persecution
is allocated the burden of persuading
the fact-finder of every fact necessary to constitute
the crime . . . charged.” The prosecution
must carry this burden because of the immense
interests at stake in a criminal prosecution,
namely that a conviction often results in
the loss of liberty or life (in this case, a sentence
of up to ten years).
1998 Ron Paul 22:4
This radical departure from the long held
notion of “innocent until proven guilty” warrants
opposition to this bill.
Notes:
1998 Ron Paul Chapter 22
The text of this chapter was inserted in CongressionalRecord as an extension of remarks, and was not spoken on the House floor.
1998 Ron Paul 22:1 tenth amendment probably should have been capitalized: Tenth Amendment.
1998 Ron Paul 22:3 the persecution is allocated probably should have been the prosecution is allocated
