I recently watched the Christohper Hicthens/Tony Blair debate on whether religion is a force for good in the world. To paraphrase Mr. Hitchens; “You can expect good people do good things, and bad people do bad things. To get a good person to do a bad thing you need religion.” The idea being that one can bypass ordinary human decency and morality by stating that an act is divinely warranted.
The parallels with statism, positive law, and the War on Drugs, are evident to a front line observer of the Texas criminal justice system. The state may not claim divine authority, but it does share religion’s ability to get good people to do horrible things.
Which brings me to our appellate case of the day- Hereford vs. State.