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John Smith wrote:
"Slow Code" wrote in message ... The way I understand our constitution, a man creates a debt to society with crime, once he pays this debt he is to have his rights restored; this keeps society from creating dangerous and dark forces through abuses of its' citizens. While I do believe special arguments can be made of the type of crime a criminal commits, child molestation, premeditated murder, rape, etc., in most instances the above should be followed. I think one clue is the statement in our constitution, paraphrased here, " ... endowed with unalienable rights by his creator ..." This is best seen when one applies thought and sees that any tampering with such rights immediately infringes upons ones rights to the "pursuit of happiness", freedom and access to those resources granted us by our creator. That's certainly one way to look at it. Here's another, somewhat similar view: An amateur radio license is not a right. It is a privilege, granted by a process that includes passing the required examinations *and* demonstrating that the licensee is trustworthy to follow the rules and regulations. The FCC assumes that all license applicants are trustworthy, unless and until they prove they are not. Conviction of a serious crime is considered by the FCC to be an indication of not being trustworthy. Note that the conviction is considered to be an indication, not proof. License revocation is not automatic. The person whose license was revoked was offered the opportunity to show that they were still trustworthy in terms of an FCC license. But the person in question did not reply to the FCC's letter at all, so FCC had the license revoked. I am no attorney, however, I suspect that could only be made to work against felons who are incarcerated or on probation/parole. Maybe. OTOH, the argument that a license is a privilege and not a right might win out. Still, the logic fails me of why you would ever revoke someones license who had been convicted of, say, a felony regarding bank fraud--felony drunk driving--manslaughter--etc. Because such convictions indicate a lack of trustworthiness. Or to put it another way, the ability to make good choices and control one's behavior. Someone convicted of felony drunk driving obviously has problems in those areas. And note again that the revocations are not automatic. This type of logic, once again, demonstrates why I hold such a low esteem for some in amateur radio. It is the FCC, not amateurs, who make these decisions. Most likely, in all cases, if the criminal had spent more time in the hobby aspect of radio his desire to commit a crime would have been diminished! Maybe. It would be interesting to see the rate of serious criminality among licensed radio amateurs compared to the general population. Best we help this criminals before society suffers, rather than punish them after the fact (and someone ends up without his/her property, or worse, dead!) You're talking prevention rather than punishment - and I agree. 73 de Jim, N2EY |
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