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 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.

October 1, 2014

Camille Paglia on universities’ inability to comprehend evil

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

In Time, Camille Paglia says that universities are unable to understand the real risks to young women on campus:

The gender ideology dominating academe denies that sex differences are rooted in biology and sees them instead as malleable fictions that can be revised at will. The assumption is that complaints and protests, enforced by sympathetic campus bureaucrats and government regulators, can and will fundamentally alter all men.

But extreme sex crimes like rape-murder emanate from a primitive level that even practical psychology no longer has a language for. Psychopathology, as in Richard von Krafft-Ebing’s grisly Psychopathia Sexualis (1886), was a central field in early psychoanalysis. But today’s therapy has morphed into happy talk, attitude adjustments, and pharmaceutical shortcuts.

There is a ritualistic symbolism at work in sex crime that most women do not grasp and therefore cannot arm themselves against. It is well-established that the visual faculties play a bigger role in male sexuality, which accounts for the greater male interest in pornography. The sexual stalker, who is often an alienated loser consumed with his own failures, is motivated by an atavistic hunting reflex. He is called a predator precisely because he turns his victims into prey.

Sex crime springs from fantasy, hallucination, delusion, and obsession. A random young woman becomes the scapegoat for a regressive rage against female sexual power: “You made me do this.” Academic clichés about the “commodification” of women under capitalism make little sense here: It is women’s superior biological status as magical life-creator that is profaned and annihilated by the barbarism of sex crime.

September 13, 2014

The latest NFL scandal

Filed under: Football, Law — Tags: , , , , — Nicholas @ 09:33

News broke yesterday that Minnesota Vikings star running back (and former NFL MVP) Adrian Peterson has been accused of reckless or negligent injury to a child. The team announced that Peterson would not play in this weekend’s home opener against the New England Patriots and that any inquiries should be directed to Peterson’s attorney rather than to the team.

Peterson has been the focus of charges before, and the team and the fans rallied around him and the charges were eventually dropped. This is different. This is not a confrontation with a rent-a-cop with delusions of authority. This is much more serious and, if true, shows Peterson in a very bad light indeed.

Jim Souhan expresses much the same feelings I have over the situation:

I hoped it wasn’t true. I hoped that if it turned out to be true, the child was uninjured.

Then I saw the alleged pictures.

I’ll use the words “alleged” and “if” a lot here, just in case Peterson is somehow being wrongly accused.

The pictures detail the wounds that Peterson allegedly inflicted on his 4-year-old son with a switch. The pictures are, allegedly, taken a week after the injuries. The pictures should turn the stomach of any human, and especially anyone who has worried over their child’s skinned knee with a Band-Aid and Neosporin.

If Peterson is guilty, this act would change everything.

I’ve always liked Peterson. I’ve never had reason not to.

For a star, Peterson is friendly and accessible. In terms of work ethic and on-field effort, he has never been anything less than admirable. His teammates like him. Vikings staffers like him.

None of that matters now. If Peterson took a piece of wood and whipped a 4-year-old until the child bled from large welts, he should never play for the Vikings again.

If the charges are true, Peterson will likely face a lengthy suspension. He is 29. By February, the Vikings were already due to begin asking themselves whether they could afford to pay an aging running back like a superstar.

If Peterson viciously beat a 4-year-old, the Vikings may have to consider cutting ties with a player who had a chance to be not only great but forever beloved.

If Peterson is guilty of child abuse, someone, somewhere in the NFL has to stop thinking about wins and losses and begin asking this question: “What kind of league do we want to be?’’

1500ESPN‘s Andrew Krammer and Phil Mackey have more, including quotations from the police report:

Minnesota Vikings running back Adrian Peterson has been indicted by a Montgomery County, Texas grand jury on charges of reckless or negligent injury to a child, his attorney Rusty Hardin confirmed in a statement to 1500ESPN.com.

Per the statement, Hardin confirmed the charges involve Peterson using a “switch” (a flexible tree branch) to spank his son, adding that Peterson “has cooperated fully with authorities and voluntarily testified before the grand jury for several hours.”

KARE 11 TV has reported an arrest warrant is out, and Peterson plans to travel to Houston to turn himself into authorities.

[…]

Peterson also allegedly said via text message to the child’s mother that he “felt bad after the fact when I notice the switch was wrapping around hitting I (sic) thigh” and also acknowledged the injury to the child’s scrotum in a text message, saying, “Got him in nuts once I noticed. But I felt so bad, n I’m all tearing that butt up when needed! I start putting them in timeout. N save the whooping for needed memories!”In further text messages, Peterson allegedly said, “Never do I go overboard! But all my kids will know, hey daddy has the biggie heart but don’t play no games when it comes to acting right.”

According to police reports, the child, however, had a slightly different story, telling authorities that “Daddy Peterson hit me on my face.” The child also expressed worry that Peterson would punch him in the face if the child reported the incident to authorities. He also said that he had been hit by a belt and that “there are a lot of belts in Daddy’s closet.” He added that Peterson put leaves in his mouth when he was being hit with the switch while his pants were down. The child told his mother that Peterson “likes belts and switches” and “has a whooping room.”

Peterson, when contacted by police, admitted that he had “whooped” his son on the backside with a switch as a form of punishment, and then, in fact, produced a switch similar to the one with which he hit the child. Peterson also admitted that he administered two different “whoopings” to his son during the visit to Texas, the other being a punishment for the 4-year-old scratching the face of a 5-year-old.

Update: USA Today‘s Tom Pelissero explains the situation both for the NFL and for the Vikings.

September 11, 2014

Roger Goodell’s dilemma

Filed under: Football, Law, Media — Tags: , , , — Nicholas @ 09:52

USA Today‘s Tom Pelissero updates the state of play in the Ray-Rice-is-a-terrible-human-being case:

The NFL has hired former FBI director Robert S. Mueller III to investigate the league’s pursuit and handling of evidence in the Ray Rice domestic violence case after a report Wednesday that a league executive received videotape evidence five months before it became public.

New York Giants owner John Mara and Pittsburgh Steelers owner Art Rooney will oversee the investigation, and the final report will be made public, according to league’s statement, which noted Commissioner Roger Goodell has pledged the full cooperation of NFL personnel and access to all league records.

The announcement came hours after the Associated Press published a report citing an unnamed law enforcement official who said he sent a tape of Rice punching his then-fiancée to an NFL executive long before the video surfaced on TMZ.com on Monday, leading to Rice’s release from the Baltimore Ravens and his indefinite suspension by the league.

The law enforcement official — speaking to the AP on condition of anonymity because of the ongoing investigation — also played the AP a 12-second voicemail from an NFL office number on April 9 confirming the video arrived. A female voice expresses thanks and says: “You’re right. It’s terrible.”

The NFL commissioner may have thought he’d put the Ray Rice issue behind him after the elevator video was released to the public, but now it’s being alleged that the league actually did get a copy of the video before Goodell suspended Rice for a token two-game stretch. Ace thinks this might have been Goodell’s reasoning for doing as he did:

Could that be Goodell’s spin? “I knew about it, but I had to protect a source”?

Although this spin won’t save Goodell, part of his thinking might have been this:

1. This punch is atrocious, a potentially lethal full-on boxer’s knockout punch.

2. However, the evidence of this is currently being withheld from the public by law.

3. Even though I know about this tape, I cannot use it as the basis for my decision, as it is in my hands illegally.

4. Further, I could not explain to the public, nor to the NFL Player’s union, the reasons for a severe punishment, because they would cry foul and cry “PC over-punishment!” unless they see this horror in real time, which I have seen, but they have not, and maybe never will.

I don’t know if that’s what they were thinking (assuming Goodell saw it, and frankly, I don’t know how he could not have seen it — This is his job; punishing a player for an infraction is not something you delegate to the branch office in Cincinnati like Lois Lerner did (wink, wink)), and I doubt this would cut much ice even it it were.

Even if Goodell didn’t think he could suspend Rice indefinitely absent the public unveiling of the tape — Two Game Suspension? When another guy just got a four game suspension for some minor substance abuse rap?

September 10, 2014

Katie Nolan – Why boycotting the NFL because of Ray Rice is not the answer

Filed under: Football, Law, Media — Tags: , , , — Nicholas @ 09:07

I haven’t watched the latest video of Ray Rice being an embarrassment to humankind, nor do I intend to. I think the NFL has made major errors in how they’ve handled the whole situation, and I don’t think it’s over yet, even with Rice out of football (because Rice is certainly not the only offender … he’s just the one we know the most about right now). Katie Nolan offers her insight into why the NFL still doesn’t understand how seriously they’ve fumbled this issue:

Update: USA Today‘s Christine Brennan reports on why the NFL did not act more strongly to the first video.

NFL Commissioner Roger Goodell said he never saw the elevator video of Ray Rice striking his then-fiancee until Monday morning, but when he did, he found it “sickening,” he told USA TODAY Sports in a telephone interview Tuesday evening.

He also said that Rice and his representatives told him a different story about what happened in the Atlantic City elevator than what he saw on the video. While he would not reveal those details, he called them “ambiguous.”

“There was no ambiguity when you saw that tape (Monday),” he said. “It was sickening. It was appalling. It was clear that it was not consistent with what they presented to us in the hearing and we needed to take the right step which is to indefinitely suspend him.”

Goodell said he and his staff saw the first video in February, the one in which Rice is seen dragging Janay Palmer’s listless body out of the elevator. They “suspected” there was another, and tried to obtain it.

“We asked for it on multiple occasions,” Goodell said. “We asked law enforcement and they were not willing to provide it. I think they were under some legal requirements not to provide it, as I understand it.”

A spokesman for the New Jersey state attorney general addressed on Tuesday the issue of why the video was not released to the NFL.

“It’s grand jury material. It would have been improper — in fact, illegal — for the Atlantic County Prosecutor’s Office to provide it to an outside/private/non law-enforcement entity,” Paul Loriquet said, according to ABC News.

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