Quotulatiousness

January 19, 2015

Police body cameras won’t fix everything, but they clearly do help

Filed under: Law, USA — Tags: , , — Nicholas @ 07:30

At Marginal Revolution Alex Tabarrok looks at the first randomized controlled trial of body cameras for police officers:

The results were that police use of force reports halved on shifts when police wore cameras. In addition, the use of force during the entire treatment period (on shifts both using and not using cameras) was about half the rate as during pre-treatment periods. In other words, the camera wearing shifts appear to have caused police to change their behavior on all shifts in a way that reduced the use of force. A treatment that bleeds over to the control group is bad for experimental design but suggests that the effect was powerful in changing the norms of interaction. (By the way, the authors say that they can’t be certain whether the cameras primarily influenced the police or the citizens but the fact that the effect occurred even on non-camera shifts suggests that the effect is primarily driven by police behavior since the citizens would not have been particularly aware of the experiment, especially as there would have been relatively few repeat interactions for citizens.)

It is possible that the police shaded their reports down during the treatment period but complaints by citizens also fell dramatically during the treatment period from about 25-50 per year to just 3 per year.

Here’s a graph of use of force reports before and during the treatment period.

Police body cameras

January 9, 2015

“Time is running out to do something stupid and irreversible. Act now!”

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

Kevin D. Williamson on the childish cry of “Now!”

“Now!” is a rhetorical short circuit, a way to preempt anyone’s thinking too deeply about a proposition. In Bill de Blasio’s New York, the streets are full of idiotic riff-raff chanting: “What do we want? Dead cops! When do we want it [sic]? Now!” When the country is convulsed by the shooting of a petty criminal in the suburbs of St. Louis, the answer, according to the sort of people who made de Blasio mayor, is dead cops in New York. Don’t bother pointing out how little sense that makes — the “Now!” punctuating that murderous sentiment is all you need to know. Not that killing police in Missouri is any more sensible, but I was puzzled about why New York City had become the locus of anti-police protests until I tightened in and asked further why within New York it is the site around Union Square, rather than One Police Plaza or Staten Island, the scene of Eric Garner’s death at the hands of the NYPD, that is the center of the scene. The answer, so near as I can tell, is: better bars.

“What do we want? Craft beers! When do we want them? Now!”

“Now!” is the eternal cry of the infantile — “What does baby want? Diaper change! When does baby want it? Now!” — and Barack Obama, who has a keen appreciation of that fact, has made immediacy the hallmark of his style. Executive amnesty, minimum wage, climate change — these are all within the realm of the holy Now!, the sort of thing that cannot wait. (Wait for what? Democracy.) The president does his stentorian best to beat some meaning into “the fierce urgency of now,” the phrase from Martin Luther King Jr. around which he once organized a famous speech almost entirely devoid of content. That this is so effective a strategy is despair-inducing. Grown men, and facsimiles thereof, are routinely taken in by this sort of thing; consider Andrew Sullivan’s soft spot for Obama’s dopey “fierce urgency of now” shtick, taking it as evidence that the empty suit from Chicago “meets a moment in history.”

January 5, 2015

Britain’s social media police … are really the police

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

James Bloodworth on the attempt by British police forces to extend their role beyond actual crime prevention to virtual crime detection:

At some point saying “offensive” things online stopped being a social faux pas and became a potentially criminal act.

Dare to be rude about the wrong person or group and, in a bad parody of Erich Honecker’s East Germany, you could hear the knock on the door in the middle of the night and be dragged off to some dreary police cell for questioning.

I exaggerate of course, but not much: around 20,000 people in Britain have been investigated in the past three years for comments made online, with around 20 people a day being looked into by the forces of the law, according to figures obtained under the Freedom of Information Act.

The overused Orwellian cliché has finally become the reality: Big Brother in the form of an overzealous and under regulated police force really is watching you. As Police Scotland terrifyingly informed us this week, “Please be aware that we will continue to monitor comments on social media and any offensive comments will be investigated.”

January 2, 2015

Debunking the “Broken Windows” theory of crime

Filed under: Law, USA — Tags: , , — Nicholas @ 07:51

In Mother Jones, Kevin Drum looks at the frequent claim on the political right that the “Broken Windows” model of policing was pivotal in reducing urban crime:

The “Broken Windows” theory suggests that tolerance of small acts of disorder creates an environment that leads to rising amounts of serious crime. So if police crack down on small offenses—petty vandalism, public lewdness, etc. — crime reductions will follow. George Kelling was one of the originators of the theory, and NYPD police commissioner Bill Bratton is one of its strongest proponents.

It sounds reasonable, but as Drum points out, it takes credit for improvements that it couldn’t have been driving:

Violent crime 1985-2012So here’s the thing: this is almost certainly wrong. Not even controversial. Just wrong: broken windows policing may well have been helpful in reducing New York’s crime rate, but there’s flatly no evidence that it’s been pivotal. It’s true that crime in New York is down more than it is nationally, but that’s just because crime went up more in big cities vs. small cities during the crime wave of the 60s through the 80s, and it then went down more during the crime decline of the 90s and aughts. Kelling and Bratton can dismiss this as ivory tower nonsense, but they should know better. The statistics are plain enough, after all.

Violent crime big vs small cities 1985-2010Take a look at the two charts on the right. The top one shows crime declines in six of America’s biggest cities. As you can see, New York did well, but it did no better than Chicago or Dallas or Los Angeles, none of which implemented broken windows during the 90s. The bottom chart is a summary of the crime decline in big cities vs. small cities. Again, the trend is clear: crime went up more during the 80s in big cities, but then declined more during the 90s and aughts. The fact that New York beat the national average is a matter of its size, not broken windows.

Now, none of this is evidence that broken windows doesn’t work. The evidence is foggy either way, and we simply don’t know. My own personal view is that it’s probably a net positive, but a fairly modest one.

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 13, 2014

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 11, 2014

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.”

Colby Cosh on the recent “unprecedented” terror attacks

Filed under: Cancon, Europe, History, Politics — Tags: , , , — Nicholas @ 00:03

In his latest Maclean’s article, Colby Cosh talks about the recent “freelance” terror attacks on Canadian soil and points out that no matter what the reporters say, they’re hardly “unprecedented”:

There has been much discussion about how to think of the type of freelance Islamist terrorist that has recently begun to belabour Canada. What labels and metaphors are appropriate for such an unprecedented phenomenon? I possess the secret: It is not unprecedented. This has been kept a secret only through some odd mischance, some failure of attention that is hard to explain.

I discovered the secret through reading about 19th-century history, particularly the years from the 1848 revolutions to the outbreak of the First World War in 1914. The key was Bismarck, the Prussian minister-president who unified Germany. If you want to learn about Bismarck, you will probably pick up a book by some historian of international relations, such as A.J.P. Taylor. That’s the right place to start. But it means you can read a lot about Bismarck before finding out about the time in May 1866 when a guy shot him.

Ferdinand Cohen-Blind, a Badenese student of pan-German sentiments, waylaid Bismarck with a pistol on the Unter den Linden. He fired five rounds. None missed. Three merely grazed his midsection, and two ricocheted off his ribs. He went home and ate a big lunch before letting himself be examined by a doctor.

[…]

The point is not that Bismarck was particularly hated, although he was. The point is that this period of European (and American) history was crawling with young, often solitary male terrorists, most of whom showed signs of mental disorder when caught and tried, and most of whom were attached to some prevailing utopian cause. They tended to be anarchists, nationalists or socialists, but the distinctions are not always clear, and were not thought particularly important. The 19th-century mind identified these young men as congenital conspirators. It emphasized what they had in common: social maladjustment, mania, an overwhelming sense of mission and, usually, a prior record of minor crimes.

In my Origins of WW1 series, I quoted from The War That Ended Peace (which I still heartily recommend):

Margaret MacMillan describes the typical members of the Young Bosnians, who were of a type that we probably recognize more readily now than at any time since 1914:

    [They] were mostly young Serb and Croat peasant boys who had left the countryside to study and work in the towns and cities of the Dual Monarchy and Serbia. While they had put on suits in place of their traditional dress and condemned the conservatism of their elders, they nevertheless found much in the modern world bewildering and disturbing. It is hard not to compare them to the extreme groups among Islamic fundamentalists such as Al Qaeda a century later. Like those later fanatics, the Young Bosnians were usually fiercely puritanical, despising such things as alcohol and sexual intercourse. They hated Austria-Hungary in part because they blamed it for corrupting its South Slav subjects. Few of the Young Bosnians had regular jobs. Rather they depended on handouts from their families, with whom they had usually quarreled. They shared their few possessions, slept on each other’s floors, and spent hours over a single cup of coffee in cheap cafés arguing about life and politics. They were idealistic, and passionately committed to liberating Bosnia from foreign rule and to building a new and fairer world. Strongly influenced by the great Russian revolutionaries and anarchists, the Young Bosnians believed that they could only achieve their goals through violence and, if necessary, the sacrifice of their own lives.

The “peaceful century” from the defeat of Napoleon to the outbreak of the First World War was far from peaceful — we only see it as such in contrast to the bloodbath of 1914-1918. And terrorists of a type we readily recognize from the front pages of the newspapers today were prefigured exactly by the anarchist revolutionaries of a century ago.

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 6, 2014

Everyday life in “The Ghetto Archipelago”

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

At Reason, J.D. Tuccille reviews On the Run: Fugitive Life in an American City, by Alice Goffman:

The police presence in 6th Street is pervasive. Residents, young black men in particular, can expect to be frequently stopped, questioned, and searched. Many initial arrests are for drugs, often possession of marijuana. After that, as Goffman records, the system takes on a horrible logic of its own. Criminal records make employment hard to find, and recurring court dates devour time that might be devoted to work, job searches, or family responsibilities. Without regular income, court fees add up and may prove unpayable. Many of the people Goffman writes about are essentially constant low-level fugitives, hunted by police for missed appointments. Some end up committing additional crimes to pay their accumulating debts to the courts.

People living on the wrong side of the law are both dependent on and vulnerable to those around them. Goffman documents how chronic legal problems prevent young men from attending the births of their children or the funerals of their friends, since the authorities often monitor those occasions looking to make arrests. Those legal problems also provide opportunities for angry girlfriends and other acquaintances to avenge perceived wrongs with a simple phone call to the cops.

Neighborhoods heavily populated by young men on the run (usually in the most figurative sense, since their lives become circumscribed by familiar people and streets) also create business opportunities for those willing to serve their idiosyncratic needs. One memorable character in On the Run is Jevon, whose memory and ability at mimicry allow him to earn money impersonating men to their parole officers for curfew-checking phone calls. Another, Rakim, augments income from his passport photo business selling clean urine to men facing drug tests. Many local businesses-such as rental car lots and motels-have two price sheets, one for mainstream customers and one for those who have no credit cards or ID.

Identification itself is a commodity, with employees inside the Pennsylvania Department of Transportation selling drivers licenses-basically, new identities — for a substantial fee. (Other public employees, from court clerks to prison guards, also find it lucrative to sell favors and services.) “The level of social control that tough-on-crime policy envisions-particularly in a liberal state-is so extreme and difficult to implement,” Goffman writes, “that it has led to a flourishing black market to ease the pains of supervision.”

H/T to ESR who wrote:

Linked article explains why, though I’ve defended the shooting of Michael Brown as a prudent and ethical response to an imminent threat of deadly force, I’ve had little patience with those defending the Ferguson police in general either before or after the shooting.

Yes, the system oppresses people like the blacks in Ferguson, in a way that has little to do with “institutional racism” but everything to do with a vicious cycle of deteriorating ghetto culture coupled with perverse incentives on the police created by “tough on crime” laws.

How do I know? I’ve never been to Ferguson…but Philadelphia is my city. I used to live there, mere blocks from the ghetto archipelago. I’ve seen some of the overspill from what Goffman is writing about. She speaks truth, and we would do well to heed her.

November 22, 2014

Adrian Peterson talks to Tom Pelissero

Filed under: Football, Law, Media — Tags: , , , — Nicholas @ 12:00

Tom Pelissero was one of the best local reporters in the Minneapolis area when he worked the Minnesota Vikings beat for 1500ESPN. Earlier this year, he moved to USA Today, but still lives in Minnesota. Earlier this week, he talked with disgraced Vikings running back Adrian Peterson in an exclusive interview:

Adrian Peterson the football player will be back one day. He’s sure of it, even after the NFL suspended the Minnesota Vikings’ star running back Tuesday for at least the rest of the 2014 season after his no-contest plea to a misdemeanor reckless assault charge.

Peterson had expressed remorse for injuring his son and maintained he was disciplining him — with a “switch” from a tree — the way he was disciplined as a child. If Peterson meets the court’s requirements, no conviction will go on his record. But Peterson, a father of six children by six women, knows he faces a lifelong challenge to prove he’s not an absentee parent, not a child abuser, not any of the demons he’s been portrayed as since the incident.

“I won’t ever use a switch again,” Peterson said. “There’s different situations where a child needs to be disciplined as far as timeout, taking their toys away, making them take a nap. There’s so many different ways to discipline your kids.”

In the more than 90-minute phone interview — Peterson’s first extensive public remarks since his Sept. 11 indictment — he spoke with USA TODAY Sports on a wide variety of topics, including why he refused to attend a hearing with the NFL before Commissioner Roger Goodell suspended him as well as his future with the Minnesota Vikings.

“I would love to go back and play in Minnesota to get a feel and just see if my family still feels comfortable there,” Peterson said. “But if there’s word out that hey, they might release me, then so be it. I would feel good knowing that I’ve given everything I had in me.”

Regardless of his football future, Peterson wanted to make clear his main focus now is on repairing his relationship with his son and trying to make people understand that, contrary to Goodell’s remarks in handing down his ban, his remorse is real.

November 5, 2014

Adrian Peterson’s legal situation now clear … NFL disciplinary situation less so

Filed under: Football, Law — Tags: , , , , — Nicholas @ 07:04

Yesterday, Adrian Peterson agreed to a plea deal that would reduce the charges he faced from a felony to a misdemeanor (thereby also reducing the maximum punishment from jail time to a fine, probation, and community service). He pleaded no contest to the lesser charges and if he completes the probation without incident, he won’t have a criminal record. He will also be subject to random drug testing but no travel restrictions. Despite this, his situation with the NFL is still up in the air — he’s been on the commissioner’s exempt list since week two, getting paid but not being allowed to practice with the team — and the only way he’ll be allowed back on the field is after Roger Goodell decides on what league discipline is now called for.

October 23, 2014

Another quirk in the American justice system

Filed under: Law, Liberty, USA — Tags: , — Nicholas @ 07:06

In the Washington Post, Radley Balko explains how judges can convict you of crimes you were acquitted on or even crimes you were never charged with in the first place:

Most Americans probably believe that the government must first convict you of a crime before it can impose a sentence on you for that crime. This is incorrect: When federal prosecutors throw a bunch of charges at someone but the jury convicts on only some of those charges, a federal judge can still sentence the defendant on the charges for which he was acquitted. In fact, the judge can even consider crimes for which the defendant has never been charged.

Last week, the U.S. Supreme Court declined to hear Jones v. U.S., a case that would have addressed the issue. The National Law Journal summarizes the facts:

    [A] District of Columbia jury found Antwuan Ball, Desmond Thurston and Joseph Jones guilty in 2007 of selling between two and 11 grams of cocaine, relatively small amounts. They were acquitted on racketeering and other charges that they were part of an extensive narcotics conspiracy.

    Yet, when U.S. District Judge Richard Roberts sentenced the three, he said he “saw clear evidence of a drug conspiracy,” and sentenced Ball, Thurston and Jones to 18, 16 and 15 years in prison, respectively — four times higher than the highest sentences given for others who sold similar amounts of cocaine, according to filings with the Supreme Court.

There have been other cases like this, including at least two in which federal judges sentenced defendants for murders for which they were never even charged, never mind convicted. So not only can a judge sentence a defendant for crimes for which a jury acquitted, he can sentence a defendant for crimes for which prosecutors didn’t have enough evidence to charge.

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