Quotulatiousness

May 25, 2012

Ottawa assault and robbery victim spent 75 days behind bars after 911 call

Filed under: Cancon, Law — Tags: , , — Nicholas @ 08:57

The Ottawa police have promised an investigation into this weird miscarriage of justice:

Ottawa police are investigating how an elderly victim of a vicious attack in his home ended up spending 75 days in jail after calling 911 for help.

Marian Andrzejewski, 74, called 911 after two men broke into his Ottawa apartment in October 2010, robbed him and punched him repeatedly.

But instead of getting help, Andrzejewski was scolded by the dispatcher when he struggled to communicate in broken English and ended up in handcuffs himself when police finally arrived.

H/T to Mike Brock for the link.

May 21, 2012

Obama’s drug warrior stance would have destroyed the life of a young Obama if he’d been caught

Filed under: Law, Liberty, USA — Tags: , , , , , , — Nicholas @ 11:07

What troubles me about this… I think it’s beyond hypocrisy. I think it’s something to do with class. A lot of people have accused Obama of class warfare, but in the wrong direction. I believe this is Obama chortling with Jimmy Fallon about lower class people. Do we believe, even for a second, that if Obama had been busted for marijuana — under the laws that he condones — would his life have been better? If Obama had been caught with the marijuana that he says he uses, and ‘maybe a little blow’… if he had been busted under his laws, he would have done hard f*cking time. And if he had done time in prison, time in federal prison, time for his ‘weed’ and ‘a little blow,’ he would not be President of the United States of America. He would not have gone to his fancy-a** college, he would not have sold books that sold millions and millions of copies and made millions and millions of dollars, he would not have a beautiful, smart wife, he would not have a great job. He would have been in f*cking prison, and it’s not a god damn joke. People who smoke marijuana must be set free. It is insane to lock people up.

Partial transcript from the Huffington Post.

May 18, 2012

Conservative arguments for legalization of marijuana

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

Frances Woolley at the Worthwhile Canadian Initiative blog:

Milton Friedman — Nobel Laureate in Economics and adviser to Ronald Reagan — supported legalizing and taxing marijuana. Stephen Easton’s classic paper advocating marijuana legalization was published by the Fraser Institute. Why do so many right-leaning economists favour marijuana legalization?

Conservative economists typically believe that a person is a best judge of what is in his or her own interests. From this premise it follows that the government should not try to constrain or influence people’s behaviour. Yes, marijuana use has well-documented negative side effects, from memory loss to male breast growth. Yet if fully informed individuals decide that these personal costs are worth accepting for the benefits that marijuana use brings, the government should respect that choice. As Willie Nelson says “I smoke pot and it is none of the government’s business.”

[. . .]

Another reason for conservatives to favour legalization and taxation of marijuana is that they do not like paying taxes. Criminalization costs. According to a 2005 US study, legalization would save state and local governments $5.3 billion annually in reduced enforcement costs, while the federal government would gain another $2.4 billion federally. Locking up people for possession of a small amount of marijuana is a waste of resources, and good fiscal conservatives deplore waste.Taxing marijuana would be a money-maker: $6.2 billion annually, if marijuana were taxed at rates similar to those on alcohol and tobacco, according to this same 2005 report.Those revenues could be used to reduce deficits, or fund reductions in the taxes paid by conservative economists.

Conservatives have lots of good reasons to favour legalization. The people who should be fighting legalization are the small scale growers: little family-run organic pot farms wouldn’t stand a chance against industrial scale agri-business.

May 4, 2012

Conrad Black is now, in Margaret Atwood’s words, “a very informed and outspoken commentator on prison reform”

Filed under: Cancon, Law, Media, USA — Tags: , , — Nicholas @ 00:09

Margaret Wente on the return of Conrad Black:

Margaret Atwood is delighted that Conrad Black is coming back to Canada. “He has a lot to say and contribute,” she e-mailed from New York on Wednesday. But she thinks the Harper government may not be delighted. Lord Black, she notes, “is now a very informed and outspoken commentator on prison reform, and does not think the government’s expensive mega-jails plan will work.”

Believe it or not, Ms. Atwood and Lord Black have become BFF. When Payback, her book on debt, came out in 2008, he gave it a favourable review from his jail cell. She likes his book too. “Conrad Black’s A Matter of Principle is a fascinating, erudite, & defiant prison memoir — must-read for lawyers, politicos, & gossips alike!” she tweeted after it came out last fall. Lord Black even made a guest appearance in the new documentary based on her book. At the premiere, she declared that he is “a new and different kind of Conrad.”

[. . .]

During his 37 months as a guest of the U.S. Federal Bureau of Prisons, Lord Black experienced several jailhouse conversions. Most notably, he became an impassioned advocate for prison reform. U.S. prisons, he argues, are full of millions of innocent, near-innocent, impoverished, unlucky wretches who are victims of “the carceral state.” He is convinced that the war on drugs is an abject failure, and he has called the Harper government’s crime policies “sadistic and malicious.” Not even Mr. Mulcair went that far.

Lord Black has also fallen out of love with the United States, a nation he once idolized. “Its greatness survives, certainly, despite chronic misgovernment, but my affection for it has faded,” he has written. Last fall he wrote that after his release, “I will leave the United States forever, all passion spent.” He has also rekindled a genuine appreciation for Canada, a nation he harshly criticized for years. The rapacious capitalism he once celebrated is less attractive to him now. He seems to have developed — dare I say it? — a social conscience.

April 23, 2012

Yet another New Orleans Saints scandal

Filed under: Football — Tags: , , , — Nicholas @ 15:21

A new report at the ESPN website:

The U.S. Attorney’s Office in the Eastern District of Louisiana was told Friday that New Orleans Saints general manager Mickey Loomis had an electronic device in his Superdome suite that had been secretly re-wired to enable him to eavesdrop on visiting coaching staffs for nearly three NFL seasons, “Outside the Lines” has learned.

Sources familiar with Saints game-day operations told “Outside the Lines” that Loomis, who faces an eight-game suspension from the NFL for his role in the recent bounty scandal, had the ability to secretly listen for most of the 2002 season, his first as general manager of the Saints, and all of the 2003 and 2004 seasons. The sources spoke with “Outside the Lines” under the condition of anonymity because of fear of reprisals from members of the Saints organization.

[. . .]

Under Article No. 9 of the Constitution and Bylaws of the NFL, which lists “Prohibited Conduct,” the league specifically bans the use of “…videotape machines, telephone tapping or bugging devices, or any other form of electronic device that might aid a team during the playing of a game.”

“That would be a stupendous advantage if you had that,” said Rick Venturi, who was the team’s defensive coordinator during the period the sources said Loomis could eavesdrop on opposing coaches.

“That’s shocking,” Venturi said, when told of the allegations. “I can tell you if we did it, nobody told me about it. … Nobody ever helped me during a game.”

April 21, 2012

Lazy reporting, ignorance, and an agenda to advance: Breivik and computer gaming

Filed under: Gaming, Media — Tags: , , , , — Nicholas @ 00:05

John Walker points out how many headline writers and reporters seem to be gleefully eager to pin Breivik’s horrific crimes on computer games:

It’s pretty relevant to note much of what the killer said in his opening statements, in which he described secret societies, battles for purity, global conspiracy, and refused to recognise the jurisdiction of the courts. Very few press outlets took his comments at face value nor reported them as fact, strangely enough, but rather pointed out that he was either mad, or trying to appear mad. Now he has told the courts that he played World Of Warcraft for apparently 16 hours a day for a year, and saw Modern Warfare 2 as a police-shooting simulator, and not only is the press at large taking it as fact, but most are twisting Breivik’s words to their own interests. Something has gone very wrong when the horror of his actions is being used to fuel irrelevant agenda.

Yesterday Britain’s Daily Telegraph spoke to Oslo University professor of sociology, Thomas Hylland Eriksen, who believes that one factor that “hasn’t sufficiently been taken into account” was Breivik’s so-called “fascination” with World Of Warcraft. Because Breivik likes order and doesn’t like chaos, erm, something something, it’s gaming’s fault.

[. . .]

Then comes Modern Warfare. This he told the courts he played between November 2010 and February 2011, and described it as “a simple war simulator”. He explained that it was helpful for learning about “aiming systems”, and then described in some detail how he had used the game to practice killing policemen.

So, well, an immediate thought. That’s not what Modern Warfare is, or lets you do. The scripted corridors, nor the multiplayer, offer no useful practice for any such actions, and don’t allow you to simulate practising killing policemen in the manner Breivik describes. There is of course the infamous No Russian airport level, in which you play as an undercover agent with terrorists, and are able to shoot (or not shoot) civilians and policemen, but I think it’s unreasonable to suggest that it offers what Breivik claims. Of course there are many other shooters out that that would let you create your own specific scenarios, attempt to rehearse escaping from armed forces, and so on. But Breivik, in keeping with much else of his rhetoric, doesn’t make much sense here. It is very unfortunate that while a sceptical press has been enjoying picking over his comments about being a member of the Knights Templar, and disproving them, they see no need to question his remarks on using Call Of Duty as a simulator for combating armed police in real life. Instead here it’s assumed he’s being honest and clear-headed. It’s also important to note that Breivik’s memoir makes it clear that he only played MW2 after he had entirely planned the attacks, and it was in no way influential on his decision to kill anyone.

April 18, 2012

Why do we even bother calling them “life sentences”?

Filed under: Cancon, Government, Law — Tags: , — Nicholas @ 09:13

According to a recent Globe and Mail article, among the civil service jobs at risk in the government’s cutbacks are 26 convicted murderers who’ve been paroled and are paid to minister to another 2,280 paroled murderers (numbers from the 2010-11 report).

The Globe and Mail has learned that one of the many federal programs that will be cut in its entirety is LifeLine, a program aimed at helping people with life sentences — or “lifers” — successfully re-integrate into society once they’ve been paroled.

At a starting salary of about $38,000, the program hires and trains successfully-paroled lifers to mentor other lifers who are still incarcerated or who have been recently released on parole.

[. . .]

Under the Criminal Code, offenders serving a life sentence for murder may be considered for parole after serving 15 years of their sentences. Offenders serving life sentences for first-degree murder can be eligible for day parole after 22 years and full parole after 25 years.

April 8, 2012

Sexual humiliation as a tool of political control

Filed under: Government, Law, Liberty, USA — Tags: , , , — Nicholas @ 10:15

Writing in the Guardian, Naomi Wolf discusses the ways the US government has incorporated sexual humiliation into their toolkit for dealing with both prisoners and innocent people:

In a five-four ruling this week, the supreme court decided that anyone can be strip-searched upon arrest for any offense, however minor, at any time. This horror show ruling joins two recent horror show laws: the NDAA, which lets anyone be arrested forever at any time, and HR 347, the “trespass bill”, which gives you a 10-year sentence for protesting anywhere near someone with secret service protection. These criminalizations of being human follow, of course, the mini-uprising of the Occupy movement.

Is American strip-searching benign? The man who had brought the initial suit, Albert Florence, described having been told to “turn around. Squat and cough. Spread your cheeks.” He said he felt humiliated: “It made me feel like less of a man.”

[. . .]

Believe me: you don’t want the state having the power to strip your clothes off. History shows that the use of forced nudity by a state that is descending into fascism is powerfully effective in controlling and subduing populations.

The political use of forced nudity by anti-democratic regimes is long established. Forcing people to undress is the first step in breaking down their sense of individuality and dignity and reinforcing their powerlessness. Enslaved women were sold naked on the blocks in the American south, and adolescent male slaves served young white ladies at table in the south, while they themselves were naked: their invisible humiliation was a trope for their emasculation. Jewish prisoners herded into concentration camps were stripped of clothing and photographed naked, as iconic images of that Holocaust reiterated.

[. . .]

The most terrifying phrase of all in the decision is justice Kennedy’s striking use of the term “detainees” for “United States citizens under arrest”. Some members of Occupy who were arrested in Los Angeles also reported having been referred to by police as such. Justice Kennedy’s new use of what looks like a deliberate activation of that phrase is illuminating.

Ten years of association have given “detainee” the synonymous meaning in America as those to whom no rights apply — especially in prison. It has been long in use in America, habituating us to link it with a condition in which random Muslims far away may be stripped by the American state of any rights. Now the term — with its associations of “those to whom anything may be done” — is being deployed systematically in the direction of … any old American citizen.

March 31, 2012

Botched investigation into GCHQ staff member’s mysterious death

Filed under: Britain, Government, Science, Technology — Tags: , , — Nicholas @ 09:17

This sounds particularly bad:

Forensic investigators have apologized for the bungling of the inquiry into the mysterious death of a codebreaker employed by the Government Communications Headquarters (GCHQ).

In August 2010, Gareth Williams, described as a mathematical genius by his peers and employed at GCHQ since leaving university, was found dead in his flat in London. Williams, who had recently qualified for deployment with MI6 — Britain’s version of the CIA — was found naked and partially decomposed in a sports bag that had been locked from the outside and placed in the bath.

In the pre-inquest hearing on Friday, the court heard that the investigation into Williams’ death had been botched from the start. LGS Forensics said that DNA found on Mr Williams’ body was investigated, but later turned out to have been transferred there from one of the forensic scientists investigating the death, and a search of the apartment turned up no clues as to his death.

March 25, 2012

There are more than ten reasons to oppose bill C-10

Filed under: Cancon, Law, Liberty, Politics — Tags: , , — Nicholas @ 00:05

But I guess we have to start somewhere. Trinda L. Ernst has an article in the Toronto Star which compiles the top ten reasons to oppose the Conservatives’ most recent “tough on crime” bill:

Bill C-10 is titled The Safe Streets and Communities Act — an ironic name, considering that Canada already has some of the safest streets and communities in the world and a declining crime rate. This bill will do nothing to improve that state of affairs but, through its overreach and overreaction to imaginary problems, Bill C-10 could easily make it worse. It could eventually create the very problems it’s supposed to solve.

Bill C-10 will require new prisons; mandate incarceration for minor, non-violent offences; justify poor treatment of inmates and make their reintegration into society more difficult. Texas and California, among other jurisdictions, have already started down this road before changing course, realizing it cost too much and made their justice system worse. Canada is poised to repeat their mistake.

[. . .]

Canadians deserve accurate information about Bill C-10, its costs and its effects. This bill will change our country’s entire approach to crime at every stage of the justice system. It represents a huge step backwards; rather than prioritizing public safety, it emphasizes retribution above all else. It’s an approach that will make us less safe, less secure, and ultimately, less Canadian.

H/T to Bren McKenna for sending me the link.

March 22, 2012

More on the New Orleans Saints

Filed under: Football — Tags: , , , — Nicholas @ 09:30

Skol Girl” writes at Daily Norseman on the less obvious victims of the bounty program defensive coordinator Gregg Williams ran:

A few years back a close friend of mine was working in France and she said that one of the business metaphors frequently used to try to encourage a sense of working together was American football. She said the French business people used American football as a metaphor because they felt it was one of the best examples of nothing getting accomplished truly on one’s own. Even the most novice football fan would probably agree, nobody in American football carries the show single-handedly. Just as a combination of players can help a single player make a play, so too can a single player undo the work of everyone else on the field.

Well, in New Orleans, the defense just tainted and, basically, undid everything that the other players on the team worked for during that Championship* season. Drew Brees may have had nothing to do with the bounties, heck, he might not have even known about the bounty program, but his legacy as a player has the same asterisk next to it that Darren “X Marks the Spot” Sharper has.

A lot of players talking about what they miss after they retire from football say they miss the camaraderie of the locker room. That’s one of the reasons Brett Favre gave for returning to the Vikings in 2010 after the pounding he took during that NFC Championship game against the Saints. But the non-bounty program players on the Saints have to be feeling like their comrades just dinged them in the nuts.

The same goes for the Saints’ fans. In 2006 New Orleans was still fresh from the devastation of Hurricane Katrina when the Saints brought Drew Brees in from sunny San Diego. Brees and Payton had a great connection that produced some great on-field play and it gave Saints fans something to enjoy, something good to identify with–the sense that their team was coming back swinging just like they were. The team might not have originated all the messianic overtones that went along with choosing to stay in the rebuilding city, but they certainly benefited from them. So did the NFL, which loved and promoted the inspirational storyline that mirrored the Saints journey with that of the damaged, but recovering, city.

March 21, 2012

NFL hands down punishments in Saints’ bounty hunting scandal

Filed under: Football — Tags: , , , , — Nicholas @ 13:56

The NFL has finally announced what penalties it will assess against the New Orleans Saints and individual coaches for the bounty scheme the team ran (individual penalties against players who took part have not yet been disclosed):

  • Saints’ head coach Sean Payton is suspended without pay from NFL activities for one year.
  • Former Saints’ defensive coordinator Gregg Williams is suspended without pay indefinitely. The NFL will review his case after the 2012 season. This will also hurt the St. Louis Rams who hired Williams this season.
  • General manager Mickey Loomis is suspended without pay for eight games.
  • Assistant head coach Joe Vitt is suspended without pay for six games.
  • Loss of the Saints’ second-round draft pick in both 2012 and 2013.
  • A $500,000 fine on the club.

The penalties for the 22 or more individual players are apparently being held until the NFL Players Association can complete its own investigation into the scheme.

Earlier posts on this issue here and here.

Update: As several people have pointed out, this has a commonality with a lot of political scandals, in that the original sin is compounded by the cover-up attempts. It’s pretty much a certainty that this wasn’t the only bounty program in the league, and the penalty would likely have been much less if the Saints hadn’t worked so hard — as an organization — to cover it up after the initial accusation was made.

March 15, 2012

The Omnibus Crime bill is really about only one thing: harsher punishments

Filed under: Cancon, Law, Liberty — Tags: , , — Nicholas @ 09:23

If anyone thought that the Conservative government had a libertarian streak, the Omnibus Crime bill should be enough to disabuse them of the notion:

The Conservative government’s omnibus crime bill passed the Commons on Monday night. No matter the problem, the solution this unimaginative legislation provides is the same: longer sentences.

[. . .]

An important one that seems to have escaped the government’s thinking is whether, absent any other constructive reforms, it is a good thing to increase the powers of the police and prosecutors, and the effect it will have on the administration of justice. The government prefers to talk about criminals, as if everyone picked up by the police is guilty. Never discussed is the impact increased sentences will have on the accused but not convicted, namely, those presumed innocent.

In the daily operation of the criminal justice system, more severe penalties enhance the power the police and prosecutors have over the accused, or those merely suspected. The Americans have gone to such an extreme that the presumption of innocence is becoming only a notion; so severe are the penalties that police and prosecutors are able to bully even the innocent into pleading guilty. The trial in American criminal justice has been usurped by the plea bargain, in which the prosecutors hold most of the cards.

Canada is not there (yet), but it has happened here. In Ontario, the Goudge inquiry into parents falsely convicted of killing their own children established the pattern. Parents were threatened by prosecutors with such severe consequences that they pleaded guilty to crimes they did not commit, in the meagre hope of salvaging something of their lives.

[. . .]

There really isn’t very much “omni” in the omnibus crime bill. It’s about one thing — harsher punishments. It does nothing to alleviate the disgusting pre-trial (pre-trial!) conditions of remand that prevail in too many jails. It does nothing to mitigate the crisis in legal aid. It does nothing to lessen the likelihood of wrongful convictions. As Chief McFee notes, it does nothing for prevention.

Quis custodiet ipsos custodes? Who will guard the guards themselves? Who watches the watchmen? That’s the ancient maxim. The crime bill shows that those guarding the guards are not on duty.

March 9, 2012

Dalrymple: “British police have … become simultaneously bullying and ineffectual, a disastrous combination”

Filed under: Britain, Law — Tags: , , , — Nicholas @ 11:08

Theodore Dalrymple on a recent article by British author China Miéville in the New York Times Magazine decrying the cruel, disproportionate sentences handed out to London rioters:

Some figures: in 2011, there were 12,699 knife attacks in London known to the police (up 13.6 percent from the previous year); 58,160 burglaries (up 8.8 percent); and 68,754 street robberies (up 13 percent). The average national detection rate for burglaries is about one in 12, though even this is an overstatement, due to police manipulation of the figures. Approximately 800,000 domestic burglaries took place in Great Britain in 2009; this means that some 67,000 were detected by the police. In that same year, 6,136 people went to prison in Great Britain for burglary (for an average of 17 months each). Considering the 800,000 burglaries annually, a domestic burglary attracts on average four days’ imprisonment: hardly indicative of judicial ferocity, and not much of a deterrent to burglary.

One cannot say often enough that the victims of crime are, like the perpetrators, more likely to be poor than rich. For example, single-parent households in Britain have a more than one-in-20 chance of being burgled in any given year; and since most burglars are recidivists, indeed multiply so, it follows that the class of victim is much larger than the class of perpetrator. Leniency toward criminals is not therefore a form of sympathy for the poor, but a failure to take either their lives or their property seriously. For Miéville to talk of “panicked reaction” in these circumstances is a form of moral exhibitionism. He is showing off in front of his peers.

The notion that the disorder in London (and elsewhere in the country) is a protest against injustice — a thread that runs through Miéville’s article — is both crude and laughable. It is true that the British police have, after years of liberal-inspired reform, become simultaneously bullying and ineffectual, a disastrous combination.

Number-crunching on the subject of pornography

Filed under: Health, Liberty, Media, Science — Tags: , , , , , — Nicholas @ 10:19

Garth Zietsman does the statistics on pornography. First the objections of various groups:

The sociological objection is that pornography decreased respect for long-term, monogamous relationships, and attenuates a desire for procreation. Pornography can “potentially undermine the traditional values that favor marriage, family, and children”, and that it depicts sexuality in a way which is not connected to “emotional attachment, of kindness, of caring, and especially not of continuance of the relationship, as such continuance would translate into responsibilities”

The religious/conservative objection is similar to the sociological objection. They argue that this industry undermines the family and leads to the moral breakdown of society. They say that it is amoral, weakens family values, and is contrary to the religion’s teachings and human dignity.

Some feminists argue that it is an industry which exploits women and which is complicit in violence against women, both in its production (where they charge that abuse and exploitation of women performing in pornography is rampant) and in its consumption (where they charge that pornography eroticizes the domination, humiliation, and coercion of women, and reinforces sexual and cultural attitudes that are complicit in rape and sexual harassment). They charge that pornography contributes to the male-centered objectification of women and thus to sexism.

Other objections are that the sex industry is sometimes connected to criminal activities, such as human trafficking, illegal immigration, drug abuse, and exploitation of children (child pornography, child prostitution). However these effects are related not so much to pornography as to prostitution.

Then a small sampling of the findings (it’s a long post):

Firstly (using the General Social Survey) I found no relationship between being pro the legality of porn, or propensity to watch porn, and pro social behaviors e.g. volunteer work, blood donation, etc.

We can dismiss the feminist (and sociological) charges of porn increasing sexual violence and leading to sexism. The USA, Sweden, Germany, Netherlands (2) and Japan were just some of the countries that suddenly went from no legal pornography to quite widespread availability and consumption of it. These studies all found that greater availability of, and exposure to, pornography does not increase the rate of sexual assaults on women, and probably decreases it (3). Japanese porn is quite frequently violent and yet even there rape decreased from an already very low base. It’s interesting that an increase in porn exposure decreases sexual violence only, and has no effect on other crime. Economists would put this down to a substitution effect.

Several countries have sex offender registers — mainly of pedophiles. A wide variety of professions are represented on these registers. Members of professions that supposedly promote morality e.g. clerics or teachers, are quite common on it yet conspicuously absent from such registers are men who have worked in the porn industry.

This study (1) found no relationship between the frequency of x-rated film viewing and attitudes toward women or feminism. From the GSS (controlling for IQ, education, income, age, race and ideology) I found that those who are pro the legality of porn are less likely to support traditional female roles, more likely to be against preferential treatment of either gender, and to find woman’s rights issues more frequently salient. Although I found that women’s rights issues are less salient to male watchers, and female watchers are less likely to think women should work, I also found that watching porn is unrelated to negative attitudes toward women and feminism.

In short exposure to and tolerance of pornography does not cause anti-social behavior (and may even reduce it in relation to sex) and does not get in the way of pro social behavior either.

H/T to Tyler Cowen for the link.

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