Quotulatiousness

September 18, 2009

I didn’t think this was legal

Filed under: Law, USA — Tags: , — Nicholas @ 18:49

Linked from The Agitator, a little bit of legal trivia . . . even if the jury finds you not guilty, the judge can still sentence you to prison anyway:

Indeed, my friends, welcome to our world.

Not only have many defendants been sentenced for stuff the jury said they didn’t do (or at least wasn’t proven), but yesterday the Supreme Court refused to do anything about it. The cert denial came in the case of Mark Hurn of my hometown, Madison, Wis. Hurn ate 15 years extra years in prison for possessing crack cocaine, even though a jury acquitted him of the charge. It’s true. Though he was convicted of having powder cocaine in his house, (for which he was looking at two or three years in prison), he was sentenced to almost 18 years. Why? Because even though the jury acquitted him of the crack charge, the judge kind of figured he’d done it and therefore found, by a preponderance of the evidence that he’d done it, and sent him to prison as if the jury had actually said “Guilty” rather than “Not Guilty.”

Magicians by night, detectives by day?

Filed under: Media — Tags: , — Nicholas @ 18:24

My favourite magicians, Penn and Teller, are set to star in a new ABC comedy:

Comedy/illusionist duo Penn and Teller have signed on to star in a project for ABC loosely based on their own lives.

Also at the Alphabet, the net has given a pilot production commitment to a relationship comedy from scribe Shana Goldberg-Meehan (“Friends”).

ABC has given a script order to the Penn and Teller project. Comedic one-hour stars the duo as Penn Jillette and Teller — Las Vegas magicians by night. But here’s how the show takes a slight twist from real life: By day, the duo become reluctant detectives.

Leonard Dick (“House”) is writing the project and will exec produce along with Jillette and Teller. Peter Golden is onboard as a co-exec producer, while Warner Bros. TV is producing.

Um. Okay, I guess. At least they’re not trying to pretend that it’s supposed to be realistic . . .

We’ve gone far past the “let the punishment fit the crime” stage

Filed under: Law, Liberty — Tags: , , — Nicholas @ 10:27

A very disturbing post at Classically Liberal that I urge you to read:

What was once considering a normal rite of passage, typical curiosity that the newly sexualized young have about themselves, their bodies, and the bodies of others, has become a heinous crime. Not long ago a curious adolescent or child, caught exploring, or playing doctor in the back yard, was given a talking-to, sent to bed early, and warned to not do it again — a warning most heeded for at least another few years, after which time warnings were useless. Today, it has been criminalized, and criminalized in a way far exceeding crimes of violence. A youth who has sex with another youth, even if voluntary, could well face legal sentences far worse than if they had killed their friend.

The absurdity of charging a teenager with statutory rape for having sex with another teenager (and sometimes even charging each partner for victimizing the other) shouldn’t need to be discussed — it’s flat-out insane for the legal system to be involved in the vast majority of these cases. They shouldn’t even be cases!

It is literally true that a teen would be punished far less severely for murder than for consensual sexual contact with another teen. A murderer, after a trial is sentenced to a term in prision (with the possibility of parole/early release in many cases). After being released from prison, they’ve “paid their debt to society” and at least in theory can try to resume a normal life.

Someone who gets caught up in the “sexual offender” category will be punished for the rest of his or her life: once their names go on the official register, they will never, ever, be free again. They can’t work in any job that might mean contact with the general public (if they can even get hired at all). They can’t live within arbitrary distances of schools, playgrounds, or other areas where children might gather . . . which in practice means they can’t legally live anywhere.

How is this in any way proportional to the “crime”? How can this be called “justice”?

US tariff on Chinese tires “a colossal blunder”

Filed under: China, Economics, USA — Tags: , , — Nicholas @ 09:14

I don’t read The Economist regularly these days, having given up my 20-year subscription about five years back. Their steady drift away from free markets towards statist models made the publication less and less interesting (and much more live most other financial publications). This article, however, at least covers the situation in an even-handed way:

You can be fairly sure that when a government slips an announcement out at nine o’clock on a Friday night, it is not proud of what it is doing. That is one of the only things that makes sense about Barack Obama’s decision to break a commitment he, along with other G20 leaders, reaffirmed last April: to avoid protectionist measures at a time of great economic peril. In every other way the president’s decision to slap a 35% tariff on imported Chinese tyres looks like a colossal blunder, confirming his critics’ worst fears about the president’s inability to stand up to his party’s special interests and stick to the centre ground he promised to occupy in office.

This newspaper endorsed Mr Obama at last year’s election in part because he had surrounded himself with enough intelligent centrists. We also said that the eventual success of his presidency would be based on two things: resuscitating the world economy; and bringing the new emerging powers into the Western order. He has now hurt both objectives.

Several sources mentioned that yesterday’s announcement about cancelling the ABM systems that were to be installed in Poland and the Czech Republic was an attempt to cozy up to Russia. This move can only be interpreted as an attempt to look tough against the Chinese — which would just be dumb — or (even more disturbingly) solid proof that Barack Obama doesn’t have a clue on international trade.

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