Quotulatiousness

December 7, 2016

Self-protection for women – “making the carrying of mace and pepper spray a sex-linked legal privilege”

Filed under: Cancon, Law, Liberty, Politics — Tags: , , , — Nicholas @ 02:00

Colby Cosh discusses the proposal of federal Conservative leadership hopeful Kellie Leitch to legalize the use of non-lethal chemical weapons:

… Leitch’s Thursday announcement struck me as a potentially elegant move in a hopeless chess game. Noting that a large number of women suffer physical violence over the course of their lives, she proposes that Canadians should be allowed to carry chemical mace and pepper spray for self-defence. “Women should not,” she wrote in a Facebook posting, “be forced by the law to be victims of violence when there exist non-lethal means by which they can protect themselves.”

That’s a true statement, no? Leitch does not suggest that the carrying of chemical spray weapons should be a benefit reserved only to women — she just wants to legalize those weapons generally. Perhaps I am a little more feminist than she is: I would be comfortable making the carrying of mace and pepper spray a sex-linked legal privilege. Hell, I would consider extending it to very small firearms.

Activists for feminism are continually characterizing the world of women as one of terror, abuse, and uncertainty. For Leitch to take them at their word, applying a tough-on-criminals spin, is an authentic Trump touch. I do not wholly approve of the tactic, but, as much as I think some feminists are attention-hungry zanies, I recognize the kernel of truth in their image of the universe. I’ve never had a close female friend who could not tell of bizarre, creepy, threatening things happening to them — sights and encounters that, to a male with an ordinary upbringing, seem to have wriggled from the corner of a Hieronymus Bosch painting.

Leitch got exactly the response she must have wanted from the Liberal Status of Women Minister Patty Hajdu, who blurted that giving women extra self-defence options was “putting the onus on” them, and thereby “offensive.” I find this is an odd way to raise the status of women — suggesting that if some of them might like to carry a can of mace in their purses, and could even be trusted by the authorities to use it responsibly, they are thereby dupes of the patriarchy.

I also enjoyed Colby’s description of Leitch’s “Trump-flavoured” campaign: “it’s like a bag of boring snack chips with a chemical dash of Southern spice exhaled over it. And I can’t help suspecting that there is something slightly phony about the media panic surrounding her candidacy.”

December 3, 2016

Trudeau government to approach legalizing marijuana as an explicitly crony capitalist exercise

Jay Currie was woken up at an ungodly early hour to talk on a radio show about the leaked portions of the Canada Marijuana Task Force Report. It’s apparently not good news for consumers but really great news for the existing favoured “legal” producers:

The leak itself is interesting and more than a little outrageous. The Report clearly favours Health Canada Licenced Medical Marijuana growers and many of those corporate grow shows are publically traded companies. Allowing the report to come out in dribs and drabs (because “translation”) could cause deep uncertainty in the public markets. The government should release the report, in toto, immediately.

Substantively, the Report apparently recommends that legalization efforts be directed at “getting rid of the $7-billion-a year black market. Sources familiar with the report, which is expected to be made public Dec. 21, say all the other recommendations flow from that guiding principle.”

It is not clear whether that “black market” includes the grey market of dispensaries and pot shops which has grown up in Canada and which continues to expand.

Using “legalization” as a weapon against the “black market” is pretty much the level of restrictive thinking I expected from the Task Force. Rather than seeing legalization as an opportunity to regularize the marijuana market, the language suggests a resumption of the war on drugs by other means.

The Task Force is apparently suggesting that the 40 Health Canada approved licencees remain the only legal source of marijuana and proposes that recreational pot, like medicinal pot, continue to be delivered by Canada Post. A nostalgic bow to the mail and a suggestion pretty certain to keep dispensaries and “Bob on the corner” in business for the foreseeable future. Here is a free clue for the Liberal government: recreational pot users are impulse buyers. As I say in my book, “The most common triggers for the decision is that, by their lights, a customer is running low on pot, has run out of pot or has been out of pot for some time but only now has the money to buy more pot.” In short, not likely to wait a week for Canada Post to deliver.

November 21, 2016

“We are one click away from totalitarianism”

Filed under: Britain, Law — Tags: , , , — Nicholas @ 02:00

Cory Doctorow on the awful authoritarian “Snooper’s Charter” that somehow slithered onto the law books in Britain recently:

Britain’s love-affair with mass surveillance began under the Labour government, but it was two successive Conservative governments (one in coalition with the Liberal Democrats, who are nominally pro-civil liberties) who took Tony Blair’s mass surveillance system and turned it into a vicious, all-powerful weapon. Now, their work is done.

The Snoopers Charter — AKA the “Investigatory Powers Act” — is the most extreme surveillance law in Europe, more extreme that America’s Patriot Act and associated presidential orders and secret rulings from the Foreign Intelligence courts. Snowden nailed it when he said it “goes further than many autocracies.”

The fact that these new spying powers — which conscript tech companies to do the collection and retention of materials for use by the government, usually in secret — comes even as the ruling Conservative Party is barely holding itself together after the Brexit vote and the rise of nativist, racist, pro-deportation/anti-migrant movements who are working their way into the halls of power. Needless to say, any project of mass roundups and expulsions will rely heavily on the legal and technical capabilities for surveillance that the British state has just claimed for itself.

November 18, 2016

QotD: The delicate nature of the United States Supreme Court

Filed under: Law, Politics, Quotations, USA — Tags: — Nicholas @ 01:00

This is first-class flummery: What they really mean is that they will be very angry at the Supreme Court if the case goes against them. This is completely true. It is not completely true that the Supreme Court will somehow destroy itself, or its place in American society, if it offers a ruling that American liberals don’t like. I realize that it may feel this way if you are an American liberal. But if the institution survived Roe v. Wade‘s “emanations and penumbras,” and the sudden discovery after a couple of centuries that capital punishment violated the Constitution, it can certainly survive a narrow statutory case that overturns a still-unpopular program.

To listen to most commentators, the legitimacy of the Supreme Court is a delicate flower. It blooms fiercely whenever the court does something they like — stand by for sonorous pronouncements from these same illegitimacy-mongers that “the highest court in the land has spoken” should the court rule in favor of gay marriage this term. But if it issues a single ruling that they don’t like, then it is a despotic institution mired in bad ideology. These things obviously cannot both be true. If the Supreme Court loses its legitimacy, then its rulings about gay marriage and civil liberties will be exactly as illegitimate as its rulings about Obamacare and the Religious Freedom Restoration Act.

In fact, all these rulings are well within the scope of a perfectly legitimate court. I may disagree with some of them — hell, I’m still mad about Wickard v. Filburn. But the Constitution and 200 years of legal precedent give the court the power to make these rulings. And frankly, the biggest threat to democracy is not the court; it is commentators declaring that they’re going to take their ball and go home if the institution starts producing rulings they don’t like. Democracy can survive badly reasoned court rulings. It cannot survive a polity, or a policy elite, that thinks support for our institutions is optional, to be withdrawn should the court have the audacity, the sheer unmitigated gall, to stymie that elite’s agenda.

Megan McArdle, “Obamacare Will Not Kill the Supreme Court”, Bloomberg View, 2015-03-04.

November 13, 2016

“All it would take would be a repudiation of Wickard v Filburn…”

Filed under: Government, Law, USA — Tags: , , , — Nicholas @ 04:00

Ed Morrissey on the strange new respect being shown on the left to the concept of checks and balances in the US federal system:

For the past six years, the media has lionized Barack Obama for his increasing autocratic acts in pushing executive power to its limits — or past them — rather than compromise with Republicans in control of Congress. “I’ve got a pen, and I’ve got a phone,” Obama declared, “and I can use that pen to sign executive orders and take executive actions and administrative actions.” Despite serious rebukes by courts over his attempts to bypass the Senate on recess appointments and flat-out violate the law on immigration, the media has always cast Republicans as villains for frustrating Obama’s agenda rather than focus on his abuses of executive authority.

Suddenly, though, an epiphany has begun to dawn on the media. Pens and phones are old and busted, and checks and balances are the new hotness. […]

Under a true federalist system, Californians could run their own state, as could Coloradans, Minnesotans, and also Texans, Floridians, New Yorkers, and, er … whatever people from Wisconsin call themselves. All it would take would be a repudiation of Wickard v Filburn to reduce federal authority over economic activity to commerce that actually takes place across state lines. Each state could have their own EPA, if they desire it, and maintain their own land in the manner they see fit.

In such a system, the authority of the president would greatly diminish on domestic affairs, allowing voters to consider candidates for such a position based on issues such as diplomacy and national defense rather than which of the two will be the biggest busybodies. Rather than trying to run a nanny state and failing as miserably as F. A. Hayek predicted, Congress could focus on a much narrower range of tasks and do those well. Most importantly, states could keep much of the revenue pouring into Washington and provide a lot more effective accountability over its use.

Does that appeal to all the special snowflakes looking for safe space in the Age of Trump, and to all of those protesting because they just found out what it feels like to lose an election? Sound like a novel idea that could shield you from the potential side effects of a presidential election? Well, then congratulations — you are well on your way to becoming a conservative, or perhaps a libertarian. Feel free to ask us about the principles that we have (imperfectly to be sure) espoused all along while Barack Obama set all the precedents that Donald Trump will expand to your detriment. We’ll try not to snicker when explaining them to you … much, anyway.

November 7, 2016

Rolling Stone and the Nicole Eramo lawsuit

Filed under: Law, Media, Politics, USA — Tags: , , , , — Nicholas @ 03:00

The jury decided that Rolling Stone magazine and the writer Sabrina Rubin Erdely did defame University of Virginia associate dean Nicole Eramo. Tim Newman comments on the (to him, satisfying) outcome of the case:

As soon as that story was published it got torn apart on the internet. Crucially, those tearing it apart were not just the red pill/manosphere/PUA sites either. Plenty of moderate, mainstream sites cast serious doubts on the story and I read a few of them.

Common sense would have told you there was something seriously amiss. From memory, “Jackie” recounts being thrown onto a glass-topped coffee table so hard that it shattered beneath her and then raped where she lay. You don’t need to be a practicing rapist to know that any guy who did that would be risking serious injury to himself: there are arguments over the involuntary circumcision of males, but I don’t think they cover rapists going about their business in lakes of shattered glass. She would also have sustained major damage had she been subject to those levels of violence: lacerations, fractures, bruising which she could have shown to the police and would have needed hospital treatment.

It was bullshit, but that wasn’t what made people angry. Lots of stories in the media are bullshit and nobody cares. So what made this one different? It was because those who supposedly supported “Jackie’s” version of events and abused those who questioned it wanted it to be true. For them, it was a better outcome that she had really been raped than for the story to have been fabricated.

[…]

So have they learned their lesson? It would appear not:

    In a statement, the magazine added: “It is our deep hope that our failings do not deflect from the pervasive issues discussed in the piece, and that reporting on sexual assault cases ultimately results in campus policies that better protect our students.”

Those “pervasive issues” being complete fabrications which exist only in the minds of a handful of mentally disturbed students who were cynically exploited by some of the worst people ever to infest academia and journalism anywhere.

I hope the lawsuits keep coming and they are sued out of existence.

H/T to Jeff Scarbrough for the link.

November 6, 2016

Canadian intelligence agencies and domestic overreach

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 02:00

Michael Geist on the drumbeat of revelations — but less outrage than you’d expect — on the extent of surveillance being conducted within Canada by CSIS and law enforcement organizations:

In the aftermath of the Snowden revelations in which the public has become largely numb to new surveillance disclosures, the Canadian reports over the past week will still leave many shocked and appalled. It started with the Ontario Provincial Police mass text messaging thousands of people based on cellphone usage from nearly a year earlier (which is not government surveillance per se but highlights massive geo-location data collection by telecom carriers and extraordinary data retention periods), continued with the deeply disturbing reports of surveillance of journalists in Quebec (which few believe is limited to just Quebec) and culminated in yesterday’s federal court decision that disclosed that CSIS no longer needs warrants for tax records (due to Bill C-51) and took the service to task for misleading the court and violating the law for years on its metadata collection and retention program.

The ruling reveals a level of deception that should eliminate any doubts that the current oversight framework is wholly inadequate and raises questions about Canadian authorities commitment to operating within the law. The court found a breach of a “duty of candour” (which most people would typically call deception or lying) and raises the possibility of a future contempt of court proceeding. While CSIS attempted to downplay the concern by noting that the data collection in question – metadata involving a wide range of information used in a massive data analysis program – was collected under a court order, simply put, the court found that the retention of the data was illegal. Further, the amount of data collection continues to grow (the court states the “scope and volume of incidentally gathered information has been tremendously enlarged”), leading to the retention of metadata that is not part of an active investigation but rather involves non-threat, third party information. In other words, it is precisely the massive, big data metadata analysis program feared by many Canadians.

The court ruling comes after the Security Intelligence Review Committee raised concerned about CSIS bulk data collection in its latest report and recommended that that inform the federal court about the activities. CSIS rejected the recommendation. In fact, the court only became aware of the metadata retention due to the SIRC report and was astonished by the CSIS response, stating that it “shows a worrisome lack of understanding of, or respect for, the responsibilities of a party [SIRC] benefiting from the opportunity to appear ex parte.”

October 24, 2016

The “logic” of hate crime legislation

Filed under: Britain, Law, Religion — Tags: , , , , — Nicholas @ 02:00

Julie Burchill wonders why we enshrine in law the repulsive notion that some lives are more important than others:

I’ve always been somewhat bemused by the concept of ‘hate crime’ – a phrase which first came into use in the US in the 1980s and into practice in the UK in 1998. I must say that the idea that it is somehow worse to beat up or kill someone because you object to their race or religion, than because you’re a nasty piece of work who felt like beating up or killing someone, strikes me as quite extraordinary – hateful, even, implying that some lives are worth more than others. Are we not all human, do we not all bleed? If we’re murdered, do not those who love us grieve for us equally? Why, then, are attacks on some thought to be worse than attacks on others? Indeed, the book Hate Crimes: Criminal Law and Identity Politics claims that hate crime legislation may exacerbate conflict, upholding the idea that crimes are committed by members of groups rather than by individuals, thereby inflaming intolerance between different ethnic communities.

Nevertheless, in a dark twist on Alice In Wonderland’s all-must-have-prizes shtick, gay people were added soon afterwards. Then, obviously realising that it was somewhat stupid to deem an attack on a big strapping man who was more than capable of standing up for himself worse than an attack on a frail, heterosexual OAP, the elderly were added in 2007 to the list of people who it’s especially bad to attack or kill. This being the case, quite understandably the disabled were soon eligible to be victims of hate crime, too.

It’s very easy for me to be offensive about anything, so I’ll tread very carefully here. I do think that there is something particularly vile about picking on those with far less chance of fighting back and that those who do it should be dealt with particularly harshly. On the other hand, I don’t think that ‘hate’ usually comes into attacks on the elderly and the disabled, or on children – simply the very unpleasant fact that sadists, cowards and bullies know they are easy targets. In fact, they probably like this about them.

It’s also quite hard for me to understand how those who claim, and have their champions claim, to be the most chronic and vulnerable victims of hate crimes are Muslims. If you visited this country from another planet, all the ceaseless clatter about hate crimes of the Islamophobic kind might have you believing that a brace of Muslims a week were being butchered in the street due to the sheer molten hatred of the blood-thirsty Christian community. Whereas, in fact, Islamist terrorism kills eight times more Muslims than non-Muslims. In this country, three Muslims have been killed for being Muslims over the past three years – all by other Muslims.

October 15, 2016

QotD: “Progressive” versus “liberal”

Filed under: Britain, Law, Liberty, Quotations, USA — Tags: , , — Nicholas @ 01:00

Some years ago, the liberal writer Michael Kinsley described the different attitudes to free speech in the U.K. and the U.S. as follows: “In a country like Great Britain, the legal protections for speech are weaker than ours, but the social protections are stronger. They lack a First Amendment, but they have thicker skin and a greater acceptance of eccentricity of all sorts.”

Today, both sorts of protection for speech — legal and social — are weaker than before in both countries. This year, official regulation of the press was passed into U.K. law for the first time since 18th-century juries nullified press prosecutions. These new restraints enjoyed the backing not just of all the parties but apparently of the public as well.

In the U.S., the case of Mann v. Steyn, let alone a hypothetical case involving Quran-burning, has yet to be decided. But Democrats in the Senate are seeking to restrict political speech by restricting the money spent to promote it. And in the private sector, American corporations have blacklisted employees for expressing or financing certain unfashionable opinions. In short, a public culture that used to be liberal is now “progressive” — which is something like liberalism minus its commitment to freedom.

The U.S. and Britain have long thought of themselves as, above all, free countries. If that identity continues to atrophy, free speech will be the first victim. But it will not be the last.

John O’Sullivan, “No Offense: The New Threats to Free Speech”, Wall Street Journal, 2014-10-31.

October 13, 2016

QotD: Libertarian constitutionalism

Filed under: Law, Liberty, Quotations, USA — Tags: , , , — Nicholas @ 01:00

Libertarian constitutional thought is a distinctly minority position among scholars and jurists, one that at first glance has little connection with either modern Supreme Court jurisprudence or the liberalism that remains dominant in the legal academy. However, libertarian ideas have more in common with mainstream constitutional thought than at first meets the eye. They have also had greater influence on it.

This article explores the connections between mainstream and libertarian constitutional thought in recent decades. On a number of important issues, modern Supreme Court doctrine and liberal constitutional thought has been significantly influenced by pre-New Deal libertarian ideas, even if the influence is often unconscious or unacknowledged. This is particularly true on issues of equal protection doctrine and modern “substantive” due process as it pertains to “noneconomic” rights. Here, both the Supreme Court and much of the mainstream academic left have repudiated early twentieth century Progressivism, which advocated across-the-board judicial deference to legislatures. They have also rejected efforts to eliminate common law and free market “baselines” for constitutional rights.

The gap between libertarian and mainstream constitutional thought is much greater on issues of federalism and property rights. Here too, however, recent decades have seen significant convergence. Over the last thirty years, the Supreme Court has begun to take federalism and property rights more seriously, and the idea that they should get strong judicial protection has attained greater intellectual respectability. Moreover, much of libertarian constitutional thought merely seeks to apply to federalism, property rights, and economic liberties, the same principles that mainstream jurists and legal scholars have applied in other areas, most notably “noneconomic” constitutional rights and separation of powers.

Ilya Somin and David Bernstein, abstract to “The Mainstreaming of Libertarian Constitutionalism” in Law and Contemporary Problems, reposted in the Washington Post, 2015-02-20.

September 22, 2016

Arizona’s law to effectively criminalize parenting survives state supreme court scrutiny

Filed under: Law, USA — Tags: , , , , , — Nicholas @ 02:00

If anything could symbolize the Crazy Years, this (insane) Arizona law certainly qualifies:

The Legislature passed laws ostensibly designed to punish child molesters, but apparently forgot to make sexual intent a requisite element of molestation.

As Slate legal writer Mark Joseph Stern notes, the laws prohibit any person from “intentionally or knowingly” touching “any part of the genitals, anus or female breast” for anyone under 15. That’s it:

    Indeed, read literally, the statutes would seem to prohibit parents from changing their child’s diaper. And the measures forbid both “direct and indirect touching,” meaning parents cannot even bathe their child without becoming sexual abusers under the law.

In response to a legal challenge by a man convicted of molestation because of the Legislature’s idiocy, three of five judges ruled there was no ambiguity in the law. They declined to

    rewrite the statutes to require the state to prove sexual motivation, when the statutes clearly contain no such requirement.

There’s some interesting discussion between the majority and minority over whether the law is nonetheless unconstitutional, even if it’s not ambiguous. The minority, per Stern:

    No one thinks that the legislature really intended to criminalize every knowing or intentional act of touching a child in the prohibited areas. Reading the statutes as doing so creates a constitutional vagueness problem, as it would mean both that people do not have fair notice of what is actually prohibited and that the laws do not adequately constrain prosecutorial discretion.

This terrible bit of legislative farce is actually a symptom of a much wider problem:

Let’s not forget, however, that if the Legislature had taken its job seriously and crafted legislative language that passed the laugh test, Arizona parents wouldn’t be in this position.

Lawmakers have gotten a little too comfortable in trusting that they can pass any idiotic law – perhaps to sate their rabid, ignorant constituents – and judges will save them from the consequences.

Then they can rail against “judicial activism” and get re-elected. It’s a perfect scheme.

If more judges were to let lawmakers suffer the consequences of their foolishness, perhaps voters would sober up and stop demanding the most draconian, unjust, utterly pointless measures against sexual offenses, real or perceived.

September 21, 2016

Pathological altruism

Filed under: Business, Law, USA — Tags: , , , , — Nicholas @ 03:00

Amy Alkon on the mainspring of some (possibly many) altruistic actions:

I write about this sort of thing in Good Manners for Nice People Who Sometimes Say F*ck. It’s called “pathological altruism,” and describes deeds intended to help that actually hurt — sometimes both the helper and the person they’re trying to help:

    [Dr. Barbara] Oakley notes that we are especially blind to the ill effects of over- giving when whatever we’re doing allows us to feel particularly good, virtuous, and benevolent. To keep from harming ourselves or others when we’re supposed to be helping, Oakley emphasizes the importance of checking our motives when we believe we’re doing good. “People don’t realize how narcissistic a lot of ‘helping’ can be,” she told me. “It’s all too easy for empathy and good deeds to really be about our self-image or making ourselves happy or comfortable.”

One example of this is The New York Times series on nail salons — intended to help the workers but actually keeping a number of them from being able to get work…work they were able to get before the crackdowns the NYT piece led to. From Reason‘s Jim Epstein:

    Salon owners have also stopped hiring unlicensed workers, whether they’re undocumented or not. By law, every manicurist working in New York State must complete 250 hours of training at a beauty school, which costs about $1,000, and then obtain a government-issued license. This is a barrier to entry, and some aspiring manicurists can’t afford the time or tuition. There are some salon owners in the industry who, up until recently, were willing to hire them anyway because they were desperate for employees and the state rarely checked. Cuomo’s task force changed that.

    Kim sponsored a state law, passed in July, that attempted to remedy the situation. The bill made it legal for nail salons to hire workers as apprentices receiving on-the-job training. After a year, they’re eligible for a state license without attending beauty school.

    Few are utilizing the apprenticeship program. “It needs tweaking,” Kim admits. Despite assurances to the contrary from state officials, Kim says he’s hearing on the ground that when signing up for the program, applicants are being asked their citizenship status, which is scaring off many would-be apprentices.

    Licensed workers legally working in the U.S. have also been hurt by the inspections. “Workers themselves prefer to be paid in cash, and it’s not just at nail salons,” says Kim. Salon owners have started recording every dollar that passes through their shops to avoid getting fined. The inspection task force has had “unintended consequences,” he says.

    The biggest victims, however, are people like Jing Ren, the main character in the Times series. Ren, 20, is undocumented, penniless, and “recently arrived from China.” Instead of paying $1,000 for salon school, she signed on as a trainee at a shop in Long Island. By the end of the article, she’s making $65 per day in base wages.

    When weaving its cartoonish tale of evil bosses and oppressed workers, the Times never considers what would happen if all of the nail salons willing to hire Jing Ren disappeared. Would future immigrants like her be better or worse off?

Oops.

September 12, 2016

QotD: Turning regrets into “rape”

Filed under: Britain, Law, Media, Quotations — Tags: , — Nicholas @ 01:00

Today, it is not uncommon for rape charges to be brought in respect of foolish or stupid sexual encounters. After presiding over back-to-back trials where a female complainant had been so drunk she could not remember what had happened and, therefore, whether she had consented to sex, Judge Mary Jane Mowat observed that “the rape conviction statistics will not improve until women stop getting so drunk”.

It was significant that Judge Mowat prefaced her comments by noting she would “be pilloried for saying” them. She may have had in mind the treatment of Ken Clarke MP, who, in 2011, referred to “serious rape”. This prompted Labour leader Ed Miliband to call for Clarke’s resignation on the grounds he was suggesting “there are other categories of rape”. Clarke spent the rest of the day saying he “always believed that all rape is extremely serious” and he was “sorry” if his comments had given any other impression.

Despite the censorious you-can’t-say-that attitude of some feminists, there is an urgent need, not to debate the seriousness of rape, but to debate what rape is. Rape, properly defined, is serious. But by redefining rape to encompass drunken or foolish sexual activity, which a man believes the woman is consenting to, the crime of rape is, in these instances, being stripped of its criminal culpability.

“Impossible”, claim rape campaigners with a glib understanding of how rape is now defined. Labour MP Harriet Harman responded to Sarah Vine’s column with an all-too-familiar analogy: “If I leave a window open an inch and someone breaks in, steals everything I own and ransacks my house, no one would say it wasn’t a crime or that the offender had ‘made a mistake’.”

Yet there is no parallel between a burglar who trespasses into a house and steals, and a man who believes a woman is consenting to sex. Trespass followed by theft is inherently unlawful. Sex, though, is inherently lawful, which is why it requires a carefully drawn law before it is criminalised. Traditionally, a conviction for rape could only be secured if the prosecution proved beyond reasonable doubt that the man either knew the woman was not consenting to sex or he could not care less whether she was consenting (Morgan, 1975). It was this mental element of the offence (mens rea, as lawyers call it) that ensured that only defendants with an appropriately guilty mind could be convicted of rape.

Jon Holbrook, “New rape laws: turning sex into a crime”, spiked!, 2015-02-12.

September 6, 2016

Could this be a winning strategy for Il Donalduce?

Filed under: Law, Politics, USA — Tags: , , , , — Nicholas @ 02:00

Jay Currie suggests a three-part plan that might bring about a Trump victory in November:

First, announce that a Trump administration will decriminalize marijuana.

Second, announce that every single person serving time for marijuana related offences is going to be pardoned on condition that they spend a three month intensive period in a pre-employment boot camp. And announce that, from the day Trump takes office, any criminal record for marijuana offences will be expunged as of right and right now.

Third, commit serious federal resources to creating paths to employment for the people who have either been in jail or who have had criminal records as a result of pot convictions.

You can picture Trump saying, “Let’s bring our kids, and their fathers, home.”

The last twenty years have been about incarcerating black people and Latinos for all sorts of crimes. Some of that is justified, but a lot of it has been felony marijuana arrests which should have been traffic tickets but got bumped because of priors, plea bargains and three strikes laws. It’s time for that to stop.

People’s children, husbands and wives have been sent to prison for a reason that an increasing number of states think is wrong. Washington, Colorado, Oregon and Alaska have legalized recreational pot and the federal government has gone along. Medical marijuana is legal in many other states. More states have either medical marijuana or recreational marijuana on the ballot in November.

The Donald does not have to say pot is a good thing. In fact, if he is smart he will say it is a bad thing and that he does not want any sensible American to use it; but it should not be a criminal thing because, if it is, there will be a disproportionate impact on black, Latino and poor white communities. That is just a fact.

September 5, 2016

QotD: Critical gun safety tips for when the police arrive at the crime scene

Filed under: Law, Quotations, USA — Tags: , , — Nicholas @ 01:00

There were other stories, and commercial breaks, and about thirty minutes later came an update to the shot burglar story: The newscaster now said that it was apparent that the police had shot the homewowner and more details would be forthcoming.

I said to Bobbi: “Dude thinks there’s a robber with a gun outside his house, calls the cops, goes outside with a gun his ownself. Then cops show up, the light on the homeowner’s ‘I’m A Good Guy’ IFF beacon is burnt out, the cops yell ‘Drop the gun, Buddy!’, he thinks ‘Surely they don’t mean me!’, turns toward them, and gets hisself popped.”

Looking at the TV station’s freshly-updated webpage, it looks like that’s more or less what happened […]

Lessons:

  1. Once the cops have been called, you don’t need to be running around outside with a gun in your hand. The chances for a blue-on-blue shooting skyrocket in incidences like that. Plainclothes officers get shot all the damn time in similar circumstances. It’s easy to tell who the responding officers are because they show up in a car with blinking lights and they’re all dressed the same. You want to not be on the playing field wearing the other team’s uniform when they show up.
  2. If you are on the playing field when they show up and you hear “Drop the gun!” then you need to drop the gun. Seriously. Like it just turned white-hot. (This is a good reason to carry drop-safe pistols, BTW. I realize that carrying that 1904 Ruritanian army surplus Schnellblitzenselbstlader in 8.3mm semi-rimmed is really cool, but aren’t you going to feel funny getting shot twice when you drop it: Once in the junk by your own gun when it hits the ground ass-end first, and again in the gut by the responding officer because he’s startled by the gunshot?)

Tamara Keel, “Breaking News…”, View From The Porch, 2016-08-23.

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