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| | Budzyn-Nevers: A Precedent for Jailing Officials Who Do Not Enforce Anti-Cigarette Laws |
 | | When others commit a "universal malice" act, the police enforce this doctrine, so cannot be exempt from it themselves, when they have a pattern of having refused for ninety-one years, to have enforced the cocaine prevention act, the cigarette control law, MCL § 750.27, MSA § 28.216. |
 | | In this type of "universal malice," now nine decades of refusal to enforce the the cigarette control law constituting "the only way" to prevent such incidents, harm is foreseeable, so malice is presumed. |
 | | Accordingly, the court should have dismissed their defense insofar as it relied on Green's cocaine use, as frivolous and moot, due to their non-enforcement of MCL § 750.27, MSA § 28.216, required as a condition precedent to allowing arrest of cocaine users. |
| members.tripod.com /medicolegal/jailbncops.htm (6090 words) |
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