Quotulatiousness

December 19, 2014

Rape culture

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

Michael Brendan Dougherty on the real rape culture in the United States:

… we don’t have to descend to the netherworld of Greek life to find evidence of an insidious rape culture. There are indeed state-supported institutions where gang rape is used as ritual initiation. There are institutional authorities that meet this culture with indifference or outright support. And we file the poor souls of this system under the heading: deserving victims. We joke in ways that suggest that if these rape victims did not want it, they should never have put on a prison uniform.

In this manner, rape is treated as a feature of our justice system when it happens to prisoners, rather than what it is: another grave crime.

[…]

Statistics on rape are notoriously unreliable. In or out of prison, victims often fear reporting on their assailants. And so the above statistics are likely to underestimate the problem. But we do know that once you include the prison population, men are raped more often in the United States than women.

In prison, men may become the victim of repeated gang rapes. Prisoners can be locked into cells with the men who prey on them. Some live under the constant threat of sexual assault for decades. Their efforts to report their rape are ignored or even punished, both by prison personnel and an inmate culture that destroys “snitches.” The threat of rape is so pervasive it causes some inmates to “consent” to sex with certain prisoners or officers as a way of avoiding rape by others.

Acceptance of prison rape is a stinking corruption. No conception of justice can include plunging criminals into an anarchic world of sexual terror. And obviously it thwarts any possibility of a rehabilitative justice that aims to restore criminals to lawful society. Inmates are not improved or better integrated into society through physical and psychological torture.

December 18, 2014

A mandatory registry that might actually do some good

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

At Reason, Ed Krayewski suggests that a Police Offenders Registry might be an excellent start to reduce some of the worst interactions between the police and the public they are supposed to serve:

This week, the Department of Justice announced new guidelines against racial profiling. The changes don’t actually change all that much. As regular incidents of police brutality get more and more mainstream media attention, it’s time for a bold move from the White House.

There’s a moral obligation to keep bad cops off the streets. A job with a police department is not a right and shouldn’t be treated like one. Police unions that push for permissive rules that end up protecting bad cops pose a serious public safety threat. Nevertheless, dismantling them where they’ve taken root is a difficult prospect even in the long-term. There are other ways to keep bad cops off the streets. The federal government, and state governments, ought to create and encourage the use of a police offender registry list. Such a list would register individuals who while employed as law enforcement officers were found unfit for duty or faced serious disciplinary issues they may have resigned to avoid. Just as any other component of comprehensive police reform, this won’t eliminate excessive police violence, but it’s a start.

When actually identified, a surprising (or not) number of officers involved in controversial, high-profile use of force incidents have previously disciplinary history. Officer Daniel Pantaleo, the New York City cop who put Eric Garner in a fatal chokehold, had been previously accused, at least twice, of racially-motivated misconduct, including strip searching a man in the middle of the street and allegedly hitting his testicles. The police union in New York City is among the strongest in the country. When a rookie cop shot Akai Gurley in apparent panic last month, he didn’t think twice to reportedly contact his union rep first. A man lay dying in a stairwell for no other reason that he startled a rookie, and the fact that the officer called his union representative before calling for assistance isn’t shocking enough to lead to the officer’s termination. Even if it were, it would still be impossible to terminate the officer immediately. While all this is happening, the state of New York is on the verge of placing even more of the disciplinary regime that applies to cops under the purview of the police unions.

December 17, 2014

Canadian telcos: “there is no need for legally mandated surveillance and interception functionality”

Filed under: Business, Cancon, Law, Liberty — Tags: , , , — Nicholas @ 07:10

Sounds good, right? Canada’s telecom companies telling the government that there’s no reason to pass laws requiring surveillance capabilities … except that the reason they’re saying this is that “they will be building networks that will feature those capabilities by default“:

After years of failed bills, public debate, and considerable controversy, lawful access legislation received royal assent last week. Public Safety Minister Peter MacKay’s Bill C-13 lumped together measures designed to combat cyberbullying with a series of new warrants to enhance police investigative powers, generating criticism from the Privacy Commissioner of Canada, civil liberties groups, and some prominent victims rights advocates. They argued that the government should have created cyberbullying safeguards without sacrificing privacy.

While the bill would have benefited from some amendments, it remains a far cry from earlier versions that featured mandatory personal information disclosure without court oversight and required Internet providers to install extensive surveillance and interception capabilities within their networks.

The mandatory disclosure of subscriber information rules, which figured prominently in earlier lawful access bills, were gradually reduced in scope and ultimately eliminated altogether. Moreover, a recent Supreme Court ruling raised doubt about the constitutionality of the provisions.

[…]

Perhaps the most notable revelation is that Internet providers have tried to convince the government that they will voluntarily build surveillance capabilities into their networks. A 2013 memorandum prepared for the public safety minister reveals that Canadian telecom companies advised the government that the leading telecom equipment manufacturers, including Cisco, Juniper, and Huawei, all offer products with interception capabilities at a small additional cost.

In light of the standardization of the interception capabilities, the memo notes that the Canadian providers argue that “the telecommunications market will soon shift to a point where interception capability will simply become a standard component of available equipment, and that technical changes in the way communications actually travel on communications networks will make it even easier to intercept communications.”

In other words, Canadian telecom providers are telling the government there is no need for legally mandated surveillance and interception functionality since they will be building networks that will feature those capabilities by default.

December 16, 2014

America’s “terribly warped justice system”

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

Conrad Black talks (partly from first-hand experience) of how badly served the United States is by its justice system:

… everyone in the United States, from the president and the wealthiest and most admired citizens down, is, in some measure, a victim of this now terribly warped justice system. No one is safe and everyone pays for it. The legal cartel is riveted on the back of the country like a horse-leech and extracts $1.8 trillion a year from the American economy as the legislators and regulators add 4,000 new measures with weighty sanctions each year, for the delectation of their confrères at the bar. At any time, 1 percent of the entire adult population is incarcerated, at a cost of about $150 billion annually and usually in unconstitutionally inhuman conditions; another 6 or so percent of all adults, male and female, are awaiting conviction (99.5 percent of those tried are convicted, an absurdly implausible number rivaled only by North Korea) or are under supervised release by often pettifogging probation officers at further great cost to the country. There are 48 million convicted felons in the United States, and even if decades-old unstigmatizing offenses such as failing a breathalyzer or being disorderly at a fraternity party are omitted, this means that approximately 15 percent of American adult males are designated felons. This is an absurd and barbarous number achieved by equal-opportunity multi-ethnic injustice, albeit unevenly applied. It presents African Americans a chance to form an invincible coalition in whose victory they would be the principal winners.

Though evidence of police and prosecution abuse pours in through the media every week, the majority of Americans, personally unaffected by the failings of the system, complacently believes that they live in a society of laws envied by the world. Neither supposition is correct. The United States has six to twelve times as many incarcerated people per capita as other prosperous democracies: Australia, Canada, France, Germany, Japan, and the United Kingdom. This appalling state of affairs has developed gradually over the last 40 years, as the percentage of prosecutions resolved by (very often) abusive applications of the plea-bargain system without a trial has risen from about 80 (an unheard of number in other democratic countries) to 97. The percentage of incarcerated people among the population has multiplied by five in that time, so the U.S. today has 5 percent of the world’s people, but 25 percent of its incarcerated people (and 50 percent of its lawyers – counting only those countries in which a serious professional entry course is required to practice that occupation).

The Supreme Court has sat like a shelf of suet puddings while the criminal-justice system has become a conveyor belt to the country’s bloated and corrupt prison system, and lawyers have become an immense industry, hiding its avarice behind a fog of insipid pieties about the rule of law (which, as the phrase was meant by the authors of the Bill of Rights, can scarcely be said to exist in the U.S.). New York federal judge Jed S. Rakoff wrote in the New York Review of Books on November 20 that the traditional American notion of the day in court is “a mirage” because of the corruption of the plea-bargain system, in which inculpatory evidence is extorted from witnesses in exchange for immunity from prosecution, including for perjury. Every week there is some new exposé of horror stories of prosecutorial abuse, yet prosecutors enjoy an absolute immunity, even when it is revealed that they have committed crimes of obstruction of justice, as in the infamous Connick v. Thompson decision of 2011: An innocent man spent 14 years on death row because prosecutors willfully withheld DNA evidence they knew would, and ultimately did, acquit him; the U.S. Supreme Court narrowly overruled the damage award to the wrongfully convicted Mr. Thompson on a spurious technicality.

December 15, 2014

Sony games the copyright laws

Filed under: Business, Law, Media — Tags: , , — Nicholas @ 00:02

At Techdirt, Mike Masnick explains why Sony released only a tiny number of pressed CDs of 1964 musical tracks:

Two years ago we wrote about the very odd release, by Sony, of just 100 copies of a set of previously unreleased Bob Dylan tracks. Why so few? Well, Sony sort of revealed the secret in the name of the title. See if you can spot it:

Bob Dylan - Copyright Extension

Yup. The release had absolutely nothing to do with actually getting the works out to fans, and absolutely everything to do with copyright. You see, back in 2011, despite having absolutely no economic rationale for doing so, the EU retroactively extended copyright on music from 50 years to 70 years. However, there was a tiny catch: there was a “use it or lose it” provision in the law, saying that the music had to have been “released” to qualify for that 20 year extension. Thus, Sony realized with Dylan that it had to “release” (and I use the term loosely) some of its old recordings that had never been officially released, or it would lose the copyright on them.

The other major labels have been doing the same. Last year, there was a series of releases of 1963 music, including more from Dylan, along with some previously unreleased Beatles tunes (at least those were somewhat more widely available). This year, we’re getting a new crop of barely released 1964 songs including (yet again) more from Dylan, along with some from the Beach Boys as well (and some expect more Beatles tunes as well).

December 13, 2014

Tobacco – 480,000. Alcohol – 88,000. Marijuana – > 0

Filed under: Health, Law, Liberty, USA — Tags: , , — Nicholas @ 12:06

It’s ridiculous to claim that smoking marijuana is a healthy habit. It does increase the risk of certain kinds of cancers, although the numbers are not huge, they’re also not zero. Jacob Sullum says “Marijuana Kills! But Not Very Often. Especially When Compared to Alcohol and Tobacco.

In a new Heritage Foundation video, anti-pot activist Kevin Sabet bravely tackles “the myth that marijuana doesn’t kill.” Although cannabis consumers (unlike drinkers) do not die from acute overdoses, he says, “marijuana does kill people” through suicide, chronic obstructive pulmonary disease, car crashes, and other accidents.

I won’t say Sabet is attacking a straw man, since overenthusiastic cannabis fans have been known to say that “marijuana doesn’t kill anyone” (although the top Google result for that phrase is an article by Sabet explaining why that’s not true). But I will say that Sabet manages to obscure the fact that marijuana does not kill people very often, especially compared to the death tolls from legal drugs such as tobacco and alcohol, which is the relevant point in evaluating the scientific basis for pot prohibition. Let’s take a closer look at the four ways that marijuana kills, according to Sabet:

Suicide. Some research does find a correlation between suicide and marijuana use, but that does not mean the relationship is causal. A longitudinal study published by The British Journal of Psychiatry in 2009 reached this conclusion:

    Although there was a strong association between cannabis use and suicide, this was explained by markers of psychological and behavioural problems. These results suggest that cannabis use is unlikely to have a strong effect on risk of completed suicide, either directly or as a consequence of mental health problems secondary to its use.

Furthermore, there is some evidence that letting patients use marijuana for symptom relief reduces the risk of suicide. Still, if reefer has ever driven anyone to kill himself, that would be enough to prove Sabet’s point. You can’t say it has never happened!

Adrian Peterson’s appeal is denied – he won’t be allowed to play this year

Filed under: Football, Law — Tags: , , , — Nicholas @ 10:12

As most dispassionate observers had expected, the arbitrator appointed by the NFL decided that Peterson’s ongoing suspension would continue until at least April 15, 2015. Unlike most dispassionate observers, Vikings fans were rather upset by the ruling:

Arif Hasan discusses the situation here:

After an agonizingly stupid waiting game, the NFL announced that arbitrator Harold Henderson has denied Adrian Peterson’s appeal against the severity of the NFL suspension regarding his incident, which means his suspension is upheld. The suspension is for at least six games will continue into the next season, starting immediately — meaning he will miss at least three weeks to start the 2015 season though right now is technically suspended indefinitely.

In April he will be able to reduce his suspension from indefinite to merely six games (meaning he could be reinstated and play for Week 4 of the 2015 NFL season) end his suspension. Contrary to previous reports, the suspension is for the remainder of the season, not six games. He will need to prove some degree of remorse and complete or make significant progress in parental counseling in order to be reinstated. Peterson will retroactively serve the six-game suspension by paying back the three game checks for the games he was on the Exempt List during his appeal after the ruling, per Ed Werder of ESPN.

Arif also quotes the conclusion of Harold Henderson’s decision with a bit of emphasis added:

The facts in this appeal are uncontested. The player entered a plea which effectively admitted guilt to a criminal charge of child abuse, after inflicting serious injuries to his four-year old son in the course of administering discipline. No direct evidence of the beating was entered in the record here, but numerous court documents, investigative reports, photographs and news reports, all accepted into evidence without objection, make it clear that Mr. Peterson’s conduct was egregious and aggravated as those terms are used in the Policy, and merits substantial discipline. His public comments do not reflect remorse or appreciation for the seriousness of his actions and their impact on his family, community, fans and the NFL, although at the close of the hearing he said he has learned from his mistake, he regrets that it happened and it will never happen again. I reject the argument that placement in the Commissioner Exempt status is discipline. I conclude that the player has not demonstrated that the process and procedures surrounding his discipline were not fair and consistent; he was afforded all the protections and rights to which he is entitled, and I find no basis to vacate or reduce the discipline.

Peterson and the NFLPA may now decide to launch a court action, but there is no way that legal action at this late date will make it possible for Peterson to return to the league before the end of the regular season.

December 12, 2014

Supreme Court swings and misses on cellphone privacy ruling

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 07:00

Michael Geist on the most recent Supreme Court of Canada ruling on the ability of the police to conduct warrantless searches of cellphones taken during an arrest:

The Supreme Court of Canada issued its decision in R. v. Fearon today, a case involving the legality of a warrantless cellphone search by police during an arrest. Given the court’s strong endorsement of privacy in recent cases such as Spencer, Vu, and Telus, this seemed like a slam dunk. Moreover, the U.S. Supreme Court’s June 2014 decision in Riley, which addressed similar issues and ruled that a warrant is needed to search a phone, further suggested that the court would continue its streak of pro-privacy decisions.

To the surprise of many, a divided court upheld the ability of police to search cellphones without a warrant incident to an arrest. The majority established some conditions, but ultimately ruled that it could navigate the privacy balance by establishing some safeguards with the practice. A strongly worded dissent disagreed, noting the privacy implications of access to cellphones and the need for judicial pre-authorization as the best method of addressing the privacy implications.

The majority, written by Justice Cromwell (joined by McLachlin, Moldaver, and Wagner), explicitly recognizes that cellphones are the functional equivalent of computers and that a search may constitute a significant intrusion of privacy. Yet the majority cautions that not every search is a significant intrusion. It ultimately concludes that there is the potential for a cellphone search to be intrusive, it does not believe that that will be the case in every instance.

Given that conclusion, it is prepared to permit cellphone searches that are incident to arrest provided that the law is modified with some additional protections against invasion of privacy. It proceeds to effectively write the law by creating four conditions: a lawful arrest, the search is incidental to the arrest with a valid law enforcement purpose, the search is tailored or limited to the purpose (i.e., limited to recent information), and police take detailed notes on what they have examined and how the phone was searched.

December 11, 2014

David Friedman on the historical uses of torture in legal situations

Filed under: History, Law — Tags: , , , — Nicholas @ 06:50

David Friedman discusses a few of the legal systems under which torture was not only possible, but omnipresent:

The use of torture to extract information is not a new idea. Under both Athenian and Roman law, slave testimony could only be taken under torture. Presumably the theory was that slaves were interrogated in order to get evidence against their owners, the owner had ways of putting pressure on the slave, so torture was needed to get the slave to tell the truth. In Imperial Chinese law, not only the defendant but also witnesses could be tortured. In that system, and I think also in some legal systems of medieval and renaissance Europe, a defendant could only be convicted by his own confession. Torture was one way of getting it.

The argument against torture, that the victim will say whatever he thinks will end it whether true or false, is also old — people in the past were not stupid. Our main source of information on Athenian law consists of orations written by professional orators to be memorized by a party to a law suit in a legal system where there were no lawyers and each party had to represent himself. There is one oration which claims that slave testimony under torture is perfectly reliable, that there has never been a case where it turned out to be false. There is another making the obvious argument on the other side, that such testimony is worthless since the slave will say whatever the torturer wants him to say.

They were both written by the same orator.

People in other legal systems that used torture were also aware of the problem. There is a collection of Chinese cases compiled in the 13th century for the use of magistrates. Many of them are cases where a clever judge realizes that an innocent person has been forced to confess under torture and figures out who is really guilty.

That raises an obvious question — if they saw the problem with torture, why did they continue to employ it? One answer is that extracting information might only have been an excuse, that the real purpose was to punish someone without having first to convict him. That is a possible explanation in some contexts, including the current case of torture by the CIA. But it does not explain contexts where the person being tortured was not the suspect but a potential witness.

A second possible explanation is the belief that a competent interrogator could distinguish a real confession from a fake one. That strikes me as the most likely explanation in the Roman and Athenian cases, where it was the defendant’s slave, not the defendant, who was being interrogated.

A third explanation is that torture might produce information that could be checked. That is the situation in the hypothetical cases sometimes offered in defense of the use of torture — the suspect is being forced to say where the kidnap victim, or the terrorist time bomb, is concealed. More plausibly, to say where the loot is hidden.

“Eyewitnesses” and the human mind

Filed under: Law, Liberty, Science — Tags: , , , — Nicholas @ 00:04

Maggie McNeill discusses some of the problems we encounter when we depend on “eye witness accounts” of events:

If you haven’t yet read my research paper, “Mind-witness Testimony”, you really ought to […] The Reader’s Digest version is:

    … The human mind doesn’t passively record events as a camera does; memory is an active and dynamic process which retains information by fitting it into schemata, mental frameworks which shape our thinking and give meaning to perceptions … The same psychological mechanism which causes us to find pictures in Rorschach’s inkblots also causes us to fit memories into the complex web of schemata by which we interpret the world. And just as we ignore those topological elements of a cloud or inkblot which do not fit the meaning our minds have imposed upon it, so do we forget or distort elements of a memory which fail to conform to the schema in which we have embedded it, or even invent elements which were not in reality present, but which the schema predicts should be…The human mind often completely fabricates memories in order to impose conformity with one’s weltanschauung. One simple example involves police lineups: people will often identify the man whom police imply (subtly or overtly) is their preferred suspect because they believe police to be expert assessors of guilt who would never implicate someone falsely, and this schema of police authority and infallibility actually shapes their memories, sometimes to the point of identifying a person who is later proven to look absolutely nothing like the actual criminal…

In witch hunts of both the classic and modern varieties, hypersuggestible people such as children, the mentally ill, the emotionally needy or the severely traumatized can be induced to “remember” all sorts of fantastic things which are not even physically possible, much less grounded in actual events; when they repeat these “memories” in court (or in front of audiences hungry for “sex trafficking” narratives) they are not lying in the strict sense, but merely playing back a script that was written into their memories by processes such as suggestion, group polarization, stereotypic conformation, guided imagination, abusive interrogation tactics and others discussed in my paper. Though the concept of “recovered memory” has been discredited and most reasonably-well-informed people understand its role in driving the Satanic panic, few have yet connected the dots to recognize “sex trafficking” narratives as produced by the same processes. However, as the public begins to recognize driving the Satanic panic, few have yet connected the dots to recognize “sex trafficking” narratives as produced by the same processes. However, as the public begins to recognize the fallibility of human memory, it’s inevitable that outlandish, evidence-free stories such as those told by Somaly Mam, Chong Kim and Theresa Flores will be treated with greater skepticism.

Megan McArdle on whether we should “automatically” believe rape accusations

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

Megan McArdle isn’t impressed by the statement from Zerlina Maxwell in the Washington Post: “We should believe, as a matter of default, what an accuser says. Ultimately, the costs of wrongly disbelieving a survivor far outweigh the costs of calling someone a rapist.”.

Where to begin with this kind of statement?

For one thing, even an outlandish accusation would not exactly be cost-free; it could be devastating. There would be police interviews, professional questions. As Maxwell blithely notes in the piece, the accused might be suspended from his job. Does he have enough savings to live on until the questions are cleared? Many people don’t. What about the Google results that might live on years after he was cleared? Sure, he can explain them to a prospective girlfriend, employer, or sales prospect. But what if they throw his communication into the circular file before he gets a chance to explain? What about the many folks who will think (encouraged by folks like Maxwell) that the accusation would never have been made if he hadn’t done something to deserve it?

But while the effect on the accused is one major problem with uncritically accepting any accusation of rape, it is not the only problem. There’s another big problem — possibly, an even bigger one: what this does to the credibility of people who are trying to fight rape. And I include not only journalists, but the whole community of activists who have adopted a set of norms perhaps best summed up by the feminist meme “I believe.”

[…]

So let’s look at how these sorts of rules are actually being applied to rape victims on campus. Emily Yoffe’s new article on how these cases are being handled is an absolute must-read to understand this landscape. Seriously, go read it right now and come back. I’ll still be here.

What do you see in this article? People are frustrated by rape on campus and want it to stop. Their frustration is righteous, their goal laudable. In the name of this goal, however, they are trying to drive the rate of false negatives down to zero, and causing a lot of real problems for real people who are going through real anguish that goes far beyond weeping in the doctor’s office. The main character is a boy who had sex with a friend. According to his testimony and that of his roommate (who was there, three feet above them in a bunkbed), the sex was entirely consensual, if extremely ill-advised. According to Yoffe, after the girl’s mother found her diary, which “contained descriptions of romantic and sexual experiences, drug use, and drinking,” the mother called the campus and announced that she would be making a complaint against the boy her daughter had sex with. Two years later, after a “judicial” process that offered him little chance to tell his side, much less confront his accuser, he is unable to return to school, or to go anywhere else of similar stature because of the disciplinary action for sexual assault that taints his record.

As I’ve written before, the very nature of rape makes these problems particularly difficult. On campus, especially, sexual assaults usually offer no physical evidence except that of an act that goes on hundreds of times every day, almost always consensually, at those campuses. It involves only two witnesses, both of whom were often intoxicated.

December 9, 2014

The “broken windows theory” of policing … applied to the police

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 07:02

In The Atlantic, Conor Friedersdorf discusses an interesting application of the “broken windows theory”:

One of the most influential policing concepts of our era, the broken-windows theory, holds that disorder and crime are “usually inextricably linked in a kind of developmental sequence.” At the community level, ignoring disorder leads to more of it, just as a building with a broken window soon has other windows broken. That insight has been widely embraced by law enforcement in the United States. But as Ken White observed in a recent post, we’ve yet to apply it to police agencies. “If tolerating broken windows leads to more broken windows and escalating crime,” he asks, “what impact does tolerating police misconduct have?” He points to recent examples in order to argue that the consequences are dire:

    [J]ust as neighborhood thugs could once break windows with impunity, police can generally kill with impunity. They can shoot unarmed men and lie about it. They can roll up and execute a child with a toy as casually as one might in Grand Theft Auto. They can bumble around opening doors with their gun hand and kill bystanders, like a character in a dark farce, with little fear of serious consequences. They can choke you to death for getting a little mouthy about selling loose cigarettes. They can shoot you because they aren’t clear on who the bad guy is, and they can shoot you because they’re terrible shots, and they can shoot you because they saw something that might be a weapon in your hand—something that can be … any fucking thing at all, including nothing.

    … We’re not pursuing the breakers of windows. If anything, we are permitting the system … to entrench their protected right to act that way. We give them … third and fourth chances. We pretend they have supernatural powers of crime detection even when science shows that’s bullshit. We fight desperately to support their word even when they are proven liars. We sneer that “criminals have too many rights,” then give the armed representatives of our government stunning levels of procedural protections when they abuse or even kill us.

I’d never thought about police abuses in quite this way before. But it seems to me that the reforms implied by applying broken-windows theory to police officers are very similar to many of the policy changes that critics of policing have lately been advocating. How to consistently punish police officers at the first sign of disordered behavior? Record their interactions to a cloud server that they do not control. Assign independent prosecutors to handle cases of unlawful behavior. And end the practice of arbitrators reversing punishments given to misbehaving cops.

As a former St. Louis policeman put it in the Washington Post, “The problem is that cops aren’t held accountable for their actions, and they know it. These officers violate rights with impunity. They know there’s a different criminal justice system for civilians and police. Even when officers get caught, they know they’ll be investigated by their friends, and put on paid leave. My colleagues would laughingly refer to this as a free vacation. It isn’t a punishment. And excessive force is almost always deemed acceptable in our courts and among our grand juries. Prosecutors are tight with law enforcement, and share the same values and ideas.”

December 8, 2014

QotD: Talking about “rape culture”

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

So I am having a hard time getting my head around something. All week people have been calling me a “rape apologist” and “pro-rape.” I’m being constantly informed that I don’t understand “rape culture.” These often hysterical accusations tend to come from people who seem to understand rape culture the same way some people understand the geopolitics of Westeros or Middle Earth: They’ve studied it, they know every detail about it, they just seem to have forgotten it doesn’t exist.

Now, hold on. I certainly believe rape happens. And I definitely believe we have cultural problems that lead to date rape and other drunken barbarisms and sober atrocities. But the term “rape culture” suggests that there is a large and obvious belief system that condones and enables rape as an end in itself in America. This simply strikes me as an elaborate political lie intended to strengthen the hand of activists. There’s definitely lots that is wrong with our culture, particularly youth culture and specifically campus culture. Sybaritic, crapulent, hedonistic, decadent, bacchanalian: choose your adjectives.

What is most remarkable about our problems is that they seem to take people by surprise. For instance, it would be commonsense to our grandmothers that some drunk men will do bad things, particularly in a moral vacuum, and that women should take that into account. I constantly hear that instead of lecturing women about their behavior we should teach men not to rape. I totally, completely, 100 percent agree that we should teach men not to rape. The problem is we do that. A lot. Maybe we should do it more. We also teach people not to murder — another heinous crime. But murders happen too. That’s why we advise our kids to steer clear of certain neighborhoods at certain times and avoid certain behaviors. I’m not “pro-murder” if I tell my kid not to walk through the park at night and flash money around any more than I am pro-rape if I give her similar advice.

Of course, the problem is that feminists want to expunge any notion that women are gentler and fairer. This requires declaring war on chivalric standards for male conduct, which were once a great bulwark against caddish and rapacious behavior. Take away the notion that men should be protective of women and they will — surprise! — be less protective of women.

None of this means we’d all be better off with women in corsets on fainting couches. (I like strong, assertive women so much I married one. I’m also the son of one, and I’m trying to raise another.) But somehow feminists have gotten themselves into the position of adopting the adolescent male’s fantasy of consequence-and-obligation-free sex as an ideal for women. Uncivilized and morally uneducated men have, for millennia, wanted to treat women like sluts. And now feminists have embraced the word as a badge of honor. Call me an old-fogey, but I think that’s weird.

Jonah Goldberg, The Goldberg File, 2014-12-05.

December 7, 2014

A Supreme Court decision that actually improved privacy rights for Canadians

Filed under: Cancon, Law, Liberty, Technology — Tags: , , , — Nicholas @ 12:08

The courts have far too often rolled over for any kind of police intrusions into the private lives of Canadians, but a decision from earlier this year has actually helped deter the RCMP from pursuing trivial or tangential inquiries into their online activity:

A funny thing happens when courts start requiring more information from law enforcement: law enforcers suddenly seem less interested in zealously enforcing the law.

Back in June of this year, Canada’s Supreme Court delivered its decision in R. v. Spencer, which brought law enforcement’s warrantless access of ISP subscriber info to an end.

    In a unanimous decision written by (Harper appointee) Justice Thomas Cromwell, the court issued a strong endorsement of Internet privacy, emphasizing the privacy importance of subscriber information, the right to anonymity, and the need for police to obtain a warrant for subscriber information except in exigent circumstances or under a reasonable law.

The effects of this ruling are beginning to be felt. Michael Geist points to a Winnipeg Free Press article that details the halcyon days of the Royal Canadian Mounted Police’s warrantless access.

    Prior to the court decision, the RCMP and border agency estimate, it took about five minutes to complete the less than one page of documentation needed to ask for subscriber information, and the company usually turned it over immediately or within one day.

Five minutes! Amazing. And disturbing. A 5-minute process indicates no one involved made even the slightest effort to prevent abuse of the process. The court’s decision has dialed back that pace considerably. The RCMP is now complaining that it takes “10 hours” to fill out the 10-20 pages required to obtain subscriber info. It’s also unhappy with the turnaround time, which went from nearly immediate to “up to 30 days.”

In response, the RCMP has done what other law enforcement agencies have done when encountering a bit of friction: given up.

    “Evidence is limited at this early stage, but some cases have already been abandoned by the RCMP as a result of not having enough information to get a production order to obtain (basic subscriber information),” the memo says.

December 6, 2014

Fran Tarkenton on the NFL’s long-standing drug problems

Filed under: Football, Health, Law — Tags: , , , , — Nicholas @ 10:57

In an interview with Jenny Vrentas, former Viking great Fran Tarkenton discusses this year’s crop of rookie quarterbacks (including the Vikings’ Teddy Bridgewater), the NFL’s ongoing disciplinary issues with Ray Rice and Adrian Peterson, the long-term issues with NFL doctors dispensing painkillers, and the advent of performance-enhancing drugs. On the issue of league discipline, he believes the league should not allow Rice or Peterson to play again:

VRENTAS: Are you saying the Vikings should move on from Peterson because of his age, or because of the child abuse case that led to his suspension?

TARKENTON: I followed the Clippers thing. That owner [Donald Sterling] didn’t get indicted for any crime, but the racial comments he made were totally inappropriate, and we took a stand. The whole world and the NBA, we have zero tolerance to racism. And I think that’s right. I agree with that. But I also think we ought to have zero tolerance to child abuse and domestic violence. I don’t think [Peterson] should play again in the NFL. I don’t think Ray Rice should play again. Either we have zero tolerance, or we don’t. And what is more egregious than domestic violence and child abuse? I don’t know of anything, unless you kill somebody.

VRENTAS: Peterson has not played since the child-abuse charges first surfaced in September, and now he’s been suspended for the rest of the season, pending appeal. Do you think the response shows that teams and the league are starting to take these issues more seriously?

TARKENTON: Kind of. They have been a little bit wishy-washy. [The Vikings] were going to play Adrian Peterson [before reversing course in September]. Other teams were going to play other players [involved in cases of domestic violence]. And the NFL was going to give just a two-game suspension to Ray Rice. I don’t think we’ve gotten beyond “win at any cost” yet. And I think we need to get there. We should have zero tolerance to racism. We don’t believe that, right? Is that more important than zero tolerance to domestic abuse and child abuse? Unless we as a society think that way, then we won’t make progress. And the whole domestic violence thing, that has been tolerated universally, but certainly in the NFL. We can’t tolerate that. All these behaviors that are so egregious continue. We need to set an example.

And on the topic of team doctors and the use of drugs to get players back into games (but which had potentially serious long-term health implicatons:

VRENTAS: You wrote a letter to the New York Times regarding painkiller abuse, in response to the DEA’s recent spot checks of NFL team medical staffs. This has been a subject you have been vocal about. What was your experience with painkiller use during your playing career?

TARKENTON: This has been going on forever. I was playing for the New York Giants, and I hurt my shoulder in a game against the Pittsburgh Steelers. I came in at halftime, and the doctor had a great big long needle, punched a few different places, and told me, “Show me where it hurts the worst.” I said, “Ow,” and he jammed a combination of xylocaine and cortisone into my shoulder. That’s not good for my shoulder, but he’s my team doctor. I don’t think he’s going to do something that hurts my career, right? He’s like my family doctor. If my family doctor tells me to take a pill, I’ll take a pill. So every Friday, I went on the subway from old Yankee Stadium, where we practiced, all the way down to lower Manhattan to St. Vincent’s Hospital, and they did the same thing they did at halftime. They shot my shoulder. It didn’t really help me, but it allowed me to play. Now, when I come back to Minnesota, my shoulder is worse. The year we played the Pittsburgh Steelers in the Super Bowl in New Orleans, my shoulder was already deteriorating, and I hurt it early in the season in Dallas. The rest of the year I could not throw a ball in practice; I could not throw a ball in warm-ups over 10 yards. When I got in the game, I could throw it maybe 40 yards, because my adrenaline was up, but there was nothing on it. But every Friday, guess what they shot me with? Butazolidin. That’s what they shot horses with. Shot me up every Friday, all the way to the Super Bowl. I retired at age 39, and I see my doctors down here [in Atlanta] because my shoulder is killing me. They say, “You’ve got the shoulder of a 75-year old man. You need your shoulder replaced.” I talked to a lot of the old guys — Roger Staubach, Otto Graham, Sammy Baugh, Johnny Unitas, Y.A. Tittle ­— and none of them had shoulders replaced. I had my shoulder replaced, because they shot me up. Where was the conscience back then? People say, “You knew what they were doing.” I knew what they were doing, but I didn’t think they would hurt me. I didn’t think my shoulder was going to fall apart.

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