Quotulatiousness

July 19, 2014

California moves to pressure universities over sexual assault numbers

Filed under: Government, USA — Tags: , , , — Nicholas Russon @ 10:04

Ben Boychuk explains how California legislators are using their financial muscle to force colleges and universities to crack down on the epidemic of sexual assault in the state’s institutions of higher education. As we’re often told, women in university are at great risk of sexual assault — figures from one in four to one in five are often quoted — yet the universities are not punishing anywhere near that proportion of male students. To lawmakers, this is proof positive that university administrations are not taking the dangers seriously enough and they’re going to use all the tools at hand to force that to change.

[...] at a June hearing of the California State Assembly Higher Education and Joint Legislative Audit committees, chairman Das Williams couldn’t understand why the number of students disciplined for sexual misconduct was so low. A University of California at Berkeley administrator, for example, reported just 10 suspensions or expulsions out of 43 cases involving non-consensual sex over the last six years. How could that possibly be?

Williams, a Santa Barbara Democrat, concluded that the number of suspensions and expulsions of these alleged perpetrators of sexual violence had to increase. The consequences for student assailants are “not significant enough to act as a deterrent,” he warned — failing to consider that perhaps the problem of campus sexual violence isn’t as widespread as he’d been led to believe. In any event, Williams’s point was unmistakable: California’s universities had better start punishing more alleged offenders, or there will be consequences for the universities. And if administrators need a lower standard of proof to boost punishments, he and his colleagues would be more than happy to give it to them.

Williams is promising a slate of bills early next year that would mandate training for all university employees to respond to, and intervene to prevent, sexual assault, and, more significantly, to beef up punishments for alleged assailants. “Rape is a very difficult thing to prosecute,” he told the Sacramento Bee. Because most college disciplinary boards already use the lower “preponderance of evidence” standard — as opposed to the more rigorous “reasonable doubt” standard that criminal courts apply — “there is a real role that schools can play that law enforcement can’t.”

The reigning assumption in Sacramento — and Washington, D.C., for that matter — is that universities aren’t taking the problem of campus sexual assault seriously enough. A state audit released in June drew precisely that conclusion, and recommended that California’s state universities “do more to appropriately educate students on sexual harassment and sexual violence.” Every campus has a rape crisis center of some kind, with counselors on call 24 hours a day, seven days a week. Every campus police department offers rape defense programs. “Take Back the Night” programs are ubiquitous. Is more training and “education” — meaning more bureaucracy — really the answer?

You can certainly understand the concern: with so many young women suffering (although not necessarily reporting the criminal acts), the universities must be literal predator paradises, as the sexual assault rate in the general population is so much lower than on campus (Heather Mac Donald noted that the sexual assault rate in New Orleans in 2012 was only .0234 percent, making it a far safer place for women than any Californian university).

July 16, 2014

New Zealand is considering breaking new legal ground in rape cases

Filed under: Law, Liberty — Tags: , , — Nicholas Russon @ 08:36

And by “breaking new legal ground” I mean “beginning with a presumption of guilt” in all rape cases:

Fundamental pillars of the criminal justice system may be eroded whichever party wins the election this year, as both National’s and Labour’s proposals would look into changing the right to silence or the presumption of innocence in rape cases.

Both major parties claim the current system is not upholding justice for victims, and are looking at changes that would effectively make it easier for prosecutors to obtain convictions.

National wants to explore allowing a judge or jury to see an accused’s refusal to give evidence in a negative light, while Labour wants to shift the burden of proof of consent from the alleged victim to the accused.

Auckland University law professor Warren Brookbanks said both policies challenged two fundamental principles: the right to silence, and the presumption of innocence, which are both protected in the Bill of Rights Act.

New Zealand needs a third political alternative, as both of these parties are proposing to take away fundamental rights in pursuit of a higher conviction rate. Taking away the right to silence is bad, but getting rid of the presumption of innocence is equally bad:

Labour’s justice spokesman Andrew Little did not think the party’s proposal would lead to more innocent people being convicted.

“I don’t see why. You’re assuming that there is a propensity to lay false complaints. There is no evidence pointing to that.”

He said eroding the right to silence went too far, but Justice Minister Judith Collins said the same of Labour’s proposal.

“The presumption of innocence is fundamental to our justice system and our society. Requiring an accused person to prove their innocence would undoubtedly result in many injustices and wrongful convictions.”

A quick Google search for “false accusations in rape cases” turned up 4.3 million hits. Even the Wikipedia page on the subject (and Wikipedia editors tend to be pro-victim rather than pro-police) say that between 2% and 8% of all rape accusations are false. New Zealand’s “initiatives” in this area seem bound to create more injustice for the accused than improved justice for victims.

July 15, 2014

Reason.tv – Maggie McNeill on Why We Should Decriminalize Prostitution

Filed under: Law, Liberty — Tags: , , , , — Nicholas Russon @ 08:43

Published on 14 Jul 2014

“There is a very common form of rhetoric that’s used against us … that sex work isn’t work. That it’s a dodge. That it’s a scam. That it’s a form of exploitation,” says Maggie McNeill, a former sex worker turned activist who blogs at The Honest Courtesan.

“We still pretend that there’s a magical mumbo jumbo taboo energy about sex that makes it different from all other human activities.”

McNeill sat down with Reason TV‘s Thaddeus Russell for a wide-ranging interview where she responds to the feminist critique of sex work, explains why research on trafficking may not be reliable, and says why prostitution should be decriminalized.

“The problem is that there are already laws for these things,” states McNeill. “We have a name for sex being inflicted on a woman against her will. We call it rape. We have a name for taking someone and holding them prisoner somewhere. We call that abduction. … Why do we need [prostitution] to be laid on top of all these other things that already are crimes?”

June 26, 2014

Domestic violence – it’s not as simple as you think

Filed under: Law, Media, Soccer, USA — Tags: , — Nicholas Russon @ 08:42

In Time, Cathy Young discusses Hope Solo’s alleged domestic violence this week:

The arrest of an Olympic gold medalist on charges of domestic violence would normally be an occasion for a soul-searching conversation about machismo in sports, toxic masculinity and violence against women. But not when the alleged offender is a woman: 32-year-old Hope Solo, goalkeeper of the U.S. women’s soccer team, who is facing charges of assaulting her sister and 17-year-old nephew in a drunken, violent outburst. While the outcome of the case is far from clear, this is an occasion for conversation about a rarely acknowledged fact: family violence is not necessarily a gender issue, and women — like singer Beyoncé Knowles’ sister Solange, who attacked her brother-in-law, the rapper Jay Z, in a notorious recent incident caught on video — are not always its innocent victims.

[...]

Research showing that women are often aggressors in domestic violence has been causing controversy for almost 40 years, ever since the 1975 National Family Violence Survey by sociologists Murray Straus and Richard Gelles of the Family Research Laboratory at the University of New Hampshire found that women were just as likely as men to report hitting a spouse and men were just as likely as women to report getting hit. The researchers initially assumed that, at least in cases of mutual violence, the women were defending themselves or retaliating. But when subsequent surveys asked who struck first, it turned out that women were as likely as men to initiate violence — a finding confirmed by more than 200 studies of intimate violence. In a 2010 review essay in the journal Partner Abuse, Straus concludes that women’s motives for domestic violence are often similar to men’s, ranging from anger to coercive control.

[...]

But this woman-as-victim bias is at odds with the feminist emphasis on equality of the sexes. If we want our culture to recognize women’s capacity for leadership and competition, it is hypocritical to deny or downplay women’s capacity for aggression and even evil. We cannot argue that biology should not keep women from being soldiers while treating women as fragile and harmless in domestic battles. Traditional stereotypes both of female weakness and female innocence have led to double standards that often cause women’s violence — especially against men — to be trivialized, excused, or even (like Solange’s assault on Jay Z) treated as humorous. Today, simplistic feminist assumptions about male power and female oppression effectively perpetuate those stereotypes. It is time to see women as fully human — which includes the dark side of humanity.

June 14, 2014

George Will confesses to using dodgy statistics in last week’s column

Filed under: Media, Politics, USA — Tags: , , , , — Nicholas Russon @ 10:39

In the Washington Post last week, columnist George Will wrote about sexual assault on college campuses. The piece was widely criticized, and even drew a formal complaint from U.S. Senators Richard Blumenthal (D-Conn.), Dianne Feinstein (D-Calif.), Tammy Baldwin (D-Wisc.) and Robert Casey (D-Pa.), which was published yesterday [PDF]. Today, he admits that he used a totally unreliable source for the statistics in the original article: President Barack Obama’s staff at the White House.

I have received your letter of June 12, and I am puzzled. You say my statistics “fly in the face of everything we know about this issue.” You do not mention which statistics, but those I used come from the Obama administration, and from simple arithmetic involving publicly available reports on campus sexual assaults.

The administration asserts that only 12 percent of college sexual assaults are reported. Note well: I did not question this statistic. Rather, I used it.

I cited one of the calculations based on it that Mark Perry of the American Enterprise Institute has performed {link}. So, I think your complaint is with the conclusion that arithmetic dictates, based on the administration’s statistic. The inescapable conclusion is that another administration statistic that one in five women is sexually assaulted while in college is insupportable and might call for tempering your rhetoric about “the scourge of sexual assault.”

June 2, 2014

Still no answers in the Miriam Carey case

Filed under: Government, Law — Tags: , , — Nicholas Russon @ 09:53

Scott Greenfield at the Simple Justice blog wonders why there are still no answers to the questions about what happened at the south gate to the White House that day in 2013. The lawyer for Miriam Carey’s family is exasperated with the delay:

“It’s just bizarre. What’s so complex about this incident? It’s a police shooting. You know who the parties are. You know who discharged their weapons. I mean, c’mon, it’s not complex. We should have known within in a week or two. I don’t understand what’s taking so long,”

DC Metro police say the incident is still under investigation, and won’t answer any questions about it. Why is the story being withheld from the public?

That’s an excellent question, as the answer appears to be that Carey, with her daughter in the back seat, made a wrong turn into the south gate of the White House, panicked, u-turned and drove away. And so the police started firing.

When Mike Paar sent me a link to this story, it was because this otherwise “insignificant” story was curious, as it was now eight months old and there were no answers. But for the World Net Daily article, which billed the killing as “fascinating,” it would have easily fallen into obscurity, a one-day wonder story.

When it was included in a post here, it didn’t warrant any particular scrutiny. The ramming of a barricade was still the explanation du jour, and its interest was found in the need to shoot the fleeing car. Because they need to shoot at fleeing cars, which the Supreme Court says is fine.

Once the story is stripped of its ramming the barricade myth, however, there is no justification under Tennessee v. Garner as there was no fleeing felon. There was only an embarrassed dental hygienist. With her one-year-old in the back seat.

Now knowing that there was no barricade ramming, no drugs, no mental illness, the story of Miriam Carey’s death becomes even less interesting, and yet more a story of importance. If, as believed, this was an overreaction by police to a woman who made a wrong turn, who then shot her to death and is now burying their mistake by invoking excuse number 4, and no one cares, we’ve got another problem.

May 31, 2014

Scott Feschuk: “How murdered might you get at the World Cup?”

Filed under: Americas, Humour, Soccer — Tags: , , , — Nicholas Russon @ 10:10

Worried about your personal safety at the World Cup in Brazil? Scott Feschuk helps you to be as worried as you should be:

Has there been much corruption?

Define “much.” If you mean scattered incidents of price gouging to line the pockets of a few local firms and politicians, then yes. But if you mean a grandly orchestrated, systemic pilfering of hundreds of millions of dollars, then yes. Brazilian soccer legend Pelé describes it as a “disgrace.” (By the way, it is mandatory that Pelé be quoted in every World Cup article, no matter the topic: RAIN COMING WEDNESDAY ACCORDING TO ‘FEELING IN KNEE,’ LEGEND DECLARES.)

[...]

If I go to the World Cup, how murdered will I get?

British papers have been playing up the threat of violent crime, depicting the cities of Brazil as crime-infested hellscapes through which there is scant hope of safe passage. The way they tell it, Rio is like Gotham before Batman or Times Square before Applebee’s.

So concern is overblown?

Oh God, no. But listen: the people of Brazil are well aware of your fears. To their credit, they’ve taken substantive action to address the issue by, um, well … they published a brochure.

What — a guide on how to react when you’re mugged at gunpoint, haha?

Yep. Brazilians have a lot of interesting traditions. They speak directly. They touch one another lightly while talking. And their criminals like to kill people who make a fuss over getting robbed. They even have a word for a mugging that escalates into a murder: latrocinios. You know people are serious about something when they have a word or phrase for it. Just ask the people at McDonald’s about Kirstie Alley and second breakfast.

What does the brochure recommend?

Remain calm. Do your best not to cry out. If you stay largely motionless and don’t say a word, it will be over soon enough. Pretty much the same guidelines to follow when losing your virginity.

May 29, 2014

Mass murder as performance art

Filed under: Media, USA — Tags: , , , , — Nicholas Russon @ 09:21

Kevin Williamson on the most recent mass killing:

Mass murders on the Elliot Rodger model are not a modern thing; we all know the story of Columbine, but the worst school slaughter in American history happened in 1927 in Michigan. Nor are they a gun thing; that Michigan massacre required no firearms, and neither did the crimes of Timothy McVeigh. They are not a “white privilege” thing, soiled as I feel for being obliged to write the words “white privilege”; the worst such massacre in recent U.S. history was carried out by a Korean-born American. They are not a male thing; Brenda Spencer’s explanation of her shooting spree in San Diego inspired the song “I Don’t Like Mondays.” They are not an American thing; Anders Breivik of Norway carried out the largest mass murder in modern history, though it is possible that Beijing’s Tian Mingjian killed more; Europe, the Americas, and Asia have experienced roughly comparable numbers of mass murders, with the Asian numbers slightly ahead of the rest. They are not an ideological thing; mass murders sometimes issue manifestos, but they are generally incoherent and shallow. The phenomenon of mass killings has little to do with race, sex, politics, economics, or the availability of legal firearms. Such episodes are primarily an act of theater.

[...]

Elliot Rodger’s family was in relatively difficult financial circumstances, though relatively must be emphasized. His father was the assistant director of The Hunger Games, and the young man was apparently proud of his BMW coupe, but his family’s financial position was modest by Hollywood standards. Through his family, Rodger enjoyed some enviable social connections, but could not achieve the connection he desired, a romantic one. His was an individualism suffered as a burden. In another century, his life might have been given some structure by the church or by his extended family, or simply by the fundamental struggle to feed and shelter himself, which was the organizing principle of the great majority of human lives for millennia. Modernity sets us free, but it does not offer any answer to the question, “Free to do what?”

Art, particularly theater, has for a long time helped to answer that question. What we see on stage, however far removed from our own experience, is an intensified version of our own lives. The Mass is, if nothing else, an act of theater, but it is also the case, as Mikhail Bakunin wrote, that “the passion for destruction is a creative passion.” It is not mere coincidence that so many mass murderers, from the Columbine killers to McVeigh, imagine themselves to be instigators of revolution, or that their serial-killer cousins so often think of themselves as artists. Their delusions are pathetic, but they are not at all alien to common human experience. That they so often end in suicide is not coincidence, either. Their rampages are at once a quest for significance and a final escape from significance and its burdens. Whatever particular motive such killers cite is secondary at best. The killing itself is the point — it is not a means to some other end.

May 25, 2014

Our modern tendency is to blame anyone and anything but the murderer

Filed under: Media, USA — Tags: , , , — Nicholas Russon @ 11:04

Brendan O’Neill on the Santa Barbara murders:

The bodies in Santa Barbara were barely cold before feminist clicktivists were exploiting this horrendous mass murder to boost their campaign against sexist trolling and online misogyny. The revelation that the shooter, Elliot Rodger, was a visitor to those saddo-packed ‘men’s rights’ websites, and had produced a badly written 140-page screed about how much he hated women for showing no interest in him, was all that the victim-feminist lobby needed: within minutes it was saying that Rodger’s outpourings and actions confirm that we need to ‘stamp out misogyny’. He is no ‘mere glitch in the system’, they claimed, but rather the ‘product’ of a society that apparently hates women.

Let’s leave aside the fact that this kind of argument is indistinguishable from the blue-rinse, conservative insistence that violent movies make men into maniacs or that saucy novels churn out real-world rapists. Truly are radical feminists the heirs to the backward Mary Whitehouse view of human beings as the amoeba-like products of their cultural surrounds, in this case of sexist websites — a view which not only treats us all as easily brainwashed by movies and literature but, even worse, lessens actual killers’ and rapists’ responsibility for their actions by depicting them as simply the warped end products of big, bad culture. More pointedly, the reading of profound social meaning into losers’ and loners’ manifestos gives way too much credence to these individuals, overlooking the fact that more often than not they are simply grasping for a serious-sounding reason for their already existing desire to commit a crime and cause hurt.

Everyone with a cause seems to jump on events like this to push their favourite agenda: the gun control folks are also frothing that “better” gun controls would have prevented the murders (yet California already has most of the rules they demand, and the shooter got his weapons legally). Blame the guns. Blame the “men’s rights” movement. Blame video games (you know people are busy searching right now to see if the shooter played any video games at all). Blame anything except the severely disturbed mind of the shooter.

Update, 26 May. According to this slightly OTT summary, even the basic facts of the case were already being “manipulated” to further particular agendas:

Let’s examine the true facts.

– Fact: 6 people were murdered, not 7. The 7th “victim” was the chicken sh!t murderer offing himself.
– Fact: Only 2 of the 6 victims were killed by gunfire. 3 of them were stabbed to death and 1 was killed with the murder’s car.
– Fact: Only 2 of the murder victims were female, the other 4 were male.
– Fact: The magazines found in the coward’s possession were all CA legal 10 round magazines. Not the heinous, world ending “high capacity” magazines the antis attribute so much death and destruction to.
– Fact: All three handguns (note, no evil assault rifle that is the scourge of humanity) the murderer had in his possession were all legally purchased by him in CA, despite the ludicrously stringent gun laws in this state. Despite the 10 day waiting period, despite the extensive background checks, despite the state wide handgun registry, despite the “prohibited persons” database, despite the fact that he went through all the steps the anti-gunners claim they want to save lives, he was able to purchase his guns legally.

But that is just The Daily Beast, hardly a reputable news source. So, let’s take a look at what Jessica Valenti, a writer at the beacon of honest news, the Guardian, had to say. According to her, it was not his mental illness that is to blame. No, we cannot blame that because that would be a “mistake” and would only serve to stigmatize other mentally ill people. Instead, she blames the “gun culture” and “misogyny”. Yes, the war on women! Of course, why did I not see that? I’m so stupid. Then she quotes some female artist, whom I have never heard of, who incorrectly labeled this incident terrorism in a tweet. Where to start?

Well, first of all, I must point out, that not only were more of the murdered victims male than female (2-1 ratio in fact), he also made threats to kill men in his videos and “manifesto” (ie: written rantings of a psycho), but since that does not bolster her point, she conveniently ignores that. As for the “gun culture” involvement in this crime, since the majority of the victims of this incident were not killed with guns (again, 2-1 ratio were killed with non-guns), blaming the “gun culture” is just another false flag.

May 24, 2014

The technological democratization of law enforcement and the rise of “Little Brother”

Filed under: Liberty, Technology, USA — Tags: , , , , — Nicholas Russon @ 09:44

If you care about your privacy, you’re equally worried about the intrusive surveillance state and the unconstrained snooping of corporations. You may now need to worry about your snoopy neighbours also getting in on the act, as Declan McCullagh explains on Google+. This is a response to someone on a private mailing list for Silicon Valley folks, who said that he had no issue with automated collection of license plate data:

Tomorrow one of your PV [Portola Valley] neighbors will set up a computer-connected camera on private property and aimed at the street. It records all those “plates exposed” going by and, by doing optical character recognition with free software such as ANPR MX (C# code, BSD-licensed), it records every time a car goes by. The DMV will happily provide drivers’ names based on the license plate*; there’s even a process for “bulk quantities” of data.** That information doesn’t include a home address, but that’s easy to come by through other searches.

Then the neighbor launches PVPeopleTracker.com. It updates in real time showing whenever someone is at home, and marks their house in bright red if they’re gone on an extended trip. If there are odd patterns of movement compared to a baseline — perhaps suspicious late-night outings — those can be flagged as well. Any visitor to PVPeopleTracker.com can sign up for handy free email alerts reporting at what time their targeted house becomes vacant each weekday morning. Other network-linked cameras in PV can supplement the PVPeopleTracker.com database, so that everyone driving in town will have their movements monitored, archived, and publicly visible at all times.

With more than one network-linked camera separated by a known distance by roads with known speed limits, it would be simple to calculate speeding violations and send automated alerts, with MP4 videos attached as evidence, to the sheriff and CHP. PVPeopleTracker.com can also be cross-referenced against databases showing, say, marijuana convictions; if your movement profile matches a known drug trafficker, law enforcement can be alerted. (Sorry about those false positives!)

May 22, 2014

Dickens 2.0 – debt prisons of the 21st century

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

At Outside the Beltway, James Joyner calls attention to the widespread practice of sending minor offenders to prison for failing to pay minor fines:

NPR’s “Morning Edition” has been running a series called “Guilty and Charged,” chronicling the plight of Americans forced to go to jail because they’re unable to pay the court fees and fines associated with very minor infractions. The Supreme Court ostensibly outlawed the practice three decades ago but left the determination as to whether defendants are truly to poor to pay or simply unwilling to trial court judges. Not shockingly, perhaps, they almost invariably presume the latter.

You can listen to Tuesday’s segment, “Unpaid Court Fees Land The Poor In 21st Century Debtors’ Prisons,” at the link. Unfortunately, they only have the audio and not a transcription. Aside from what I’ve already written in the introduction above, what really stood out to me was the sheer contempt judges displayed to indigent defendants. Despite being highly educated professionals supposedly trained in the law and selected for their ability to dispassionately way evidence and reach just results, those featured on the program were positively knee-jerk and sneering. It was as if they’d plucked some random yahoo from a Denny’s, dressed him in a black robe, and had him preside over the trial.

Today’s follow-up, “Supreme Court Ruling Not Enough To Prevent Debtors’ Prisons,” was if anything more infuriating. It dove deep into the case of Kyle Dewitt, an Iraq War vet who went to jail and got caught up in an unending series of problems with the law over catching the wrong species of bass at the wrong time of year.

[...]

I’ve long been of mind that we ought to do away with fines as a means of punishment altogether. Whether paying $150 for exceeding the speed limit (almost always some nominal fine for the offense and a much higher amount for “court costs,” owed even if one just mails in the fine and never goes to court) is a deterrent depends entirely on one’s financial circumstances. It was a big deal when I was in college; it’s a nuisance now. Further, those with the means will often spend far more than the fine plus court costs to hire an attorney to plead it to an offense that doesn’t come with points that go against their license or their insurance record. It’s incredibly inequitable.

May 9, 2014

The 1964 trial of Jack Ruby

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

The Toronto Sun shares a portion of Peter Worthington’s Looking for Trouble (now available as an e-book) dealing with the trial of Jack Ruby. Worthington had been in the room when Ruby gunned down Lee Harvey Oswald.

The Ruby trial was pure showbiz. While the witnesses and characters who surfaced during the trial were Damon Runyon, the judge and lawyers seemed straight out of Al Capp and Dogpatch. Judge Joe B. Brown’s legal education before he was elected to the bench consisted of three years of night school 35 years earlier. In Dallas he was known as Necessity – “because Necessity knows no law.”

[...]

One day as a stripper who worked at Ruby’s nightclub called Little Lynn (who was over nine months pregnant at the time), was waiting to testify, seven prisoners in the connecting county jail grabbed a woman hostage and fled. They had fashioned a pistol of soap, pencils and shoe polish, persuaded guards that it was real, and made their break, witnessed by some 100 million viewers.

Little Lynn fainted and Belli prepared to play midwife. A BBC reporter on the phone to his office was describing the action and repeatedly swore to his editors that he was neither kidding, nor had he been drinking. “Listen, you bloody fools, this is America, this is Texas … any bloody insane thing is possible here!”

The next day, the New York Daily News ran an eloquent black headline: “Oh, Dallas!”

The jury returned in 140 minutes with a guilty verdict. In Texas, where the juries set the penalty, they opted for the electric chair.

Belli returned to San Francisco in disgust. “I shall never return here; it’s an evil, bigoted, rotten, stinking town.”

As it happened, Ruby died three years later and won a form of immortality and a place in criminal and political legend.

And as for conspiracy theories, the flaw is that Oswald was an ideologue, a semi-literate left-wing extremist, while Ruby wouldn’t know what an ideologue was unless he did a strip-tease for him.

To choose two such perfect foils on which to base a presidential murder plot challenges credulity. There has been so much official deceit, perjury, rationalization and cover-up that the deeds seem [...] more sinister than they actually have been.

We will probably never know the truth.

May 8, 2014

Weighty injustice

Filed under: Law, USA — Tags: , , — Nicholas Russon @ 08:30

Scott Greenfield discusses something most of us have never given any though to:

In a New York Times op-ed. former AUSA turned Minnesota lawprof Mark Osler did a mitzvah by explaining the game played in drug sentencing. After noting some of the problems recently raised about mandatory minimums, the pardon game and absurdly long Guidelines sentences, he goes on:

    Unfortunately, none of this addresses a very basic underlying problem: We continue to use the weight of narcotics as a proxy for the culpability of an individual defendant, despite this policy’s utter failure. If a kingpin imports 15 kilograms of cocaine into the country and pays a trucker $400 to carry it, they both face the same potential sentence. That’s because the laws peg minimum and maximum sentences to the weight of the drugs at issue rather than to the actual role and responsibility of the defendant. It’s a lousy system, and one that has produced unjust sentences for too many low-level offenders, created racial disparities and crowded our prisons.

[...]

But when a person is prosecuted based upon an arbitrary distinction, that he carried a certain number of grams of dope (because we can all distinguish between the weight of 7 grams and 8, right?) it should reflect a significant difference in crime and sentence.

[Radley Balko] goes on to discuss a related, but separate, issue, that drug weight is aggregate rather than pure. In other words, ten kilos of cocaine can contain 9 kilos of baby laxative, cut as it’s called in the trade, and only one of active narcotic, but it’s still ten kilos for the purpose of charging and sentence. This is a policy decision, that the purity of the drug is not considered, even though it tells a great deal about where the defendant is on the food chain of drugs. The higher the purity, the higher on the food chain, as drugs get “stepped on,” or diluted, at each level down the chain.

This applies even with less applicable concepts, such as marijuana, where the weight of stalks and stems of seized marijuana plants can be included in aggregate weight even though they are useless as drugs. The message is, you pay by the pound, regardless. It simplified the police and prosecutorial function, even as it undermines any doctrinal justification for the charge and sentence.

May 6, 2014

The hidden epidemic of rape on campus

Filed under: Law, Politics, USA — Tags: , , , — Nicholas Russon @ 07:34

I recently saw a claim that nearly one in five US women attending university are subject to rape or sexual assault during their academic careers. If the situation is that dangerous, why haven’t the universities and campus police done something to crack down on this crime wave? That’s because it’s not actually true: only by merging a whole range of unwelcome or unwanted contacts (or even post facto “regrets”) in with genuine criminal activity do we get to a number close to 20% of the female student population. This is not in any way to minimize the seriousness of actual rape, but conflating everything from “microaggressions” through sexual harassment all the way to sexual assault in the same category is a terrible way to help those who are the actual victims of crime. In Time, Cathy Young discusses the recent White House report on campus sexual assault:

The administration’s effort, which made headlines last week with a report by the White House task force on campus sexual assault and new Department of Education guidelines, has an indisputably noble goal. Unfortunately, it is marred by flaws, including alarmist statistics, fuzzy definitions and a polarizing ideology of presumed guilt.

One of the foundations of this crusade is the staggering claim that one in five female students are sexually assaulted while in college. This figure comes from the 2005-2007 Campus Sexual Assault Study [PDF], which, as Washington Post Fact Checker Glenn Kessler has noted, was conducted at just two schools, with a fairly low response rate. Moreover, the survey’s data for “drug- and/or alcohol-enabled sexual assault” (about 70% of the incidents in the study) lump together unconsciousness or incapacitation with intoxication that may cloud one’s judgment and affect consent. Notably, despite widespread sexual assault awareness programs, two-thirds of the college women whom the study counted as victims of drug- or alcohol-enabled rape did not think they were raped, and few felt they had suffered psychological harm.

University of Michigan economist Mark Perry also points out that, if you take police records from university campuses and factor in the White House estimate that only about 12% of campus sexual offenses are reported, you don’t get anywhere near a one-in-five victimization rate over the course of a woman’s college attendance — more like 1 in 20 or 1 in 30.

May 5, 2014

“[M]ost Canadian law societies report members to police. The [LSUC] does not.”

Filed under: Cancon, Law — Tags: , , , , — Nicholas Russon @ 08:17

The Toronto Star‘s Kenyon Wallace, Rachel Mendleson and Dale Brazao investigate the Law Society of Upper Canada (LSUC) and find it does not report members for criminal activity to the police:

They treat client trust accounts as their personal piggy banks, facilitate multi-million-dollar frauds and drain retirement savings of the elderly.

While most lawyers caught stealing from their clients are reprimanded, suspended or disbarred by the profession’s regulator, the vast majority avoid criminal charges, a Star investigation reveals.

The Star found that more than 230 lawyers sanctioned for criminal-like activity by the Law Society of Upper Canada in the last decade, stole, defrauded or diverted some $61 million held in trust funds for clients.

Fewer than one in five were charged criminally. Most avoided jail.

“I truly believe there are two laws — a set of rules and regulations for lawyers and a different set for everyone else,” said Richard Bikowski, who was fleeced out of $87,500 by now-disbarred Toronto lawyer Lawrence Burns.

Unlike the law societies in most other provinces, the Law Society of Upper Canada does not, as a rule, report suspected criminal acts by its members to police, no matter how much money lawyers steal.

[...]

Of the more than 1,000 discipline decisions made by the law society in the last 10 years, the Star identified 236 cases in which lawyers were sanctioned for offences that were characterized by our analysis as criminal, including theft, fraud, breach of trust, forgery and perjury.

The Star could find criminal charges for only 41 of these lawyers. In more than half of cases where criminal charges were laid, the law society sanction came after. Of those bad lawyers sentenced criminally, the punishments were generally lenient, ranging from house arrest to community service. The Star found that only 12 went to jail.

Why do so many lawyers who steal from their clients avoid criminal justice?

A big reason is that the law society in practice does not report alleged criminal offences by its members to police.

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