October 15, 2015

Opponents of sentencing reform

Filed under: Law, USA — Tags: , , , — Nicholas @ 05:00

Jacob Sullum points out a few misconceptions about sentencing reform:

Anderson, with Sessions’ help, manages to pack at least half a dozen serious misconceptions into a 375-word post. Let’s consider them one at a time.

Is “crime rising in America”? As Jesse Walker noted here last month, the latest FBI numbers show that violent and property crime both fell last year, continuing a “long decline” that began in the mid-1990s. Although some American cities have seen spikes in violent crime this year, it is not clear whether they represent a nationwide increase or, if so, whether that increase represents a reversal of recent trends or a blip.

Are police “increasingly under siege”? Last month my former Reason colleague Radley Balko, who writes about criminal justice for The Washington Post, reported that “2015 is on pace to see 35 felonious killings of police officers” and that “if that pace holds, this year would end with the second lowest number of murdered cops in decades.” As Jesse Walker pointed out here, such numbers have never deterred law-and-order types who propagate “the eternally recurring legend of a ‘war on cops.'”

Are drug traffickers “violent criminals”? Some are, but there is a clear distinction between stabbing or shooting someone and engaging in consensual transactions that Congress has arbitrarily decided to prohibit. Under current law, doing the latter is enough to trigger mandatory minimum sentences ranging from five years to life. By pretending there is no difference between violent predators and nonviolent drug offenders, opponents of reform make a hash out of any effort to focus criminal justice resources on the lawbreakers who pose the biggest threat to public safety.

October 11, 2015

QotD: The Kaiser’s Reich

Filed under: Europe, Government, Humour, Quotations — Tags: , , , — Nicholas @ 01:00

“Anybody could rule this country,” said George; “I could rule it.”

We were seated in the garden of the Kaiser Hof at Bonn, looking down upon the Rhine. It was the last evening of our Bummel; the early morning train would be the beginning of the end.

“I should write down all I wanted the people to do on a piece of paper,” continued George; “get a good firm to print off so many copies, have them posted about the towns and villages; and the thing would be done.”

In the placid, docile German of to-day, whose only ambition appears to be to pay his taxes, and do what he is told to do by those whom it has pleased Providence to place in authority over him, it is difficult, one must confess, to detect any trace of his wild ancestor, to whom individual liberty was as the breath of his nostrils; who appointed his magistrates to advise, but retained the right of execution for the tribe; who followed his chief, but would have scorned to obey him. In Germany to-day one hears a good deal concerning Socialism, but it is a Socialism that would only be despotism under another name. Individualism makes no appeal to the German voter. He is willing, nay, anxious, to be controlled and regulated in all things. He disputes, not government, but the form of it. The policeman is to him a religion, and, one feels, will always remain so. In England we regard our man in blue as a harmless necessity. By the average citizen he is employed chiefly as a signpost, though in busy quarters of the town he is considered useful for taking old ladies across the road. Beyond feeling thankful to him for these services, I doubt if we take much thought of him. In Germany, on the other hand, he is worshipped as a little god and loved as a guardian angel. To the German child he is a combination of Santa Claus and the Bogie Man. All good things come from him: Spielplätze to play in, furnished with swings and giant-strides, sand heaps to fight around, swimming baths, and fairs. All misbehaviour is punished by him. It is the hope of every well-meaning German boy and girl to please the police. To be smiled at by a policeman makes it conceited. A German child that has been patted on the head by a policeman is not fit to live with; its self-importance is unbearable.

The German citizen is a soldier, and the policeman is his officer. The policeman directs him where in the street to walk, and how fast to walk. At the end of each bridge stands a policeman to tell the German how to cross it. Were there no policeman there, he would probably sit down and wait till the river had passed by. At the railway station the policeman locks him up in the waiting-room, where he can do no harm to himself. When the proper time arrives, he fetches him out and hands him over to the guard of the train, who is only a policeman in another uniform. The guard tells him where to sit in the train, and when to get out, and sees that he does get out. In Germany you take no responsibility upon yourself whatever. Everything is done for you, and done well. You are not supposed to look after yourself; you are not blamed for being incapable of looking after yourself; it is the duty of the German policeman to look after you. That you may be a helpless idiot does not excuse him should anything happen to you. Wherever you are and whatever you are doing you are in his charge, and he takes care of you — good care of you; there is no denying this.

Jerome K. Jerome, Three Men on the Bummel, 1914.

October 10, 2015

Police body cameras

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

There’s plenty of argument about whether body cams are a pro- or anti-police innovation. Here’s an example of the way body cams can actually help to show when the police are doing everything right, and things still go wrong:

We’ve written a lot here at Ars about how video surveillance has captured cops doing bad things. We cover this area because the technology of body cams, Taser cams, dash cams, and even images taken by bystanders has changed our perspective on police behavior that would likely have been swept under the rug previously.

But this surveillance technology also captures officers who, in the words of a local Cleveland county prosecutor, have acted with “remarkable restraint.” In this instance, body cam footage of several Cleveland patrol officers shows them doing everything they could to convince a man to put down his weapon.

Police came to visit Theodore Johnson’s Cleveland residence after his wife claimed he threatened to kill her. The man had already shot one officer, striking the chest of a patrolman David Muniz’s ballistic vest. “I know you shot me, but I’m not going to shoot you,” Muniz tells the 64-year-old Johnson, according to police body cam footage taken at the scene.

To be honest, I’m quite impressed at the restraint these officers managed to show. If a member of my team had just been shot, I know it’d be very tough for me not to return fire…

September 28, 2015

QotD: Universal criminality

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

I’ve written on many occasions about what I call universal criminality, the crowning achievement of the modern police state, under which there are so many vague, overbroad and counterintuitive laws that every single person is in violation of at least a few of them at all times. Nearly any encounter with the police can be turned into “assault on a police officer” or “resisting arrest”, almost any business can be twisted into “racketeering”, virtually any financial transaction can be redefined as “money laundering” and even normal friendships or business interactions can be tortured into “conspiracy”. But while charges like these can be used to harass, bankrupt and imprison the target, possibly for many years, they often lack the firepower necessary to totally destroy his life forever; after his release from prison he might still be able to find work, have a normal social life and rebuild his shattered fortunes into some semblance of a comfortable existence. Worst of all (from the prosecutorial viewpoint), the public might even side with the victim, turning him into a martyr both during and after his state-sanctioned torture and caging. But there is one weapon in the state’s arsenal which, used properly, will utterly destroy a person’s life. At the end of the process he will have no money, no friends and no home; he will be completely unemployable and condemned to everlasting surveillance, shunned by society and unable even to avail himself of even paid companionship without triggering still more awful consequences. If the prosecutor is really lucky, his victim may even be murdered by the police or other thugs or take his own life. And all it takes to detonate this thermonuclear weapon of modern law is the sending of a single email.

Maggie McNeill, “Instant Criminal”, The Honest Courtesan, 2014-09-19.

September 10, 2015

Making it easy for governments to monitor texts, emails, and other messages

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

Megan McArdle explains that while it’s quite understandable why governments want to maintain their technological ability to read private, personal communications … but that’s not sufficient justification to just give in and allow them the full access they claim that they “need”:

Imagine, if you will, a law that said all doors had to be left unlocked so that the police could get in whenever they needed to. Or at the very least, a law mandating that the government have a master key.

That’s essentially what some in the government want for your technology. As companies like Apple and Google have embraced stronger encryption, they’re making it harder for the government to do the kind of easy instant collection that companies were forced into as the government chased terrorists after 9/11.

And how could you oppose that government access? After all, the government keeps us safe from criminals. Do you really want to make it easier for criminals to evade the law?

The analogy with your home doors suggests the flaw in this thinking: The U.S. government is not the only entity capable of using a master key. Criminals can use them too. If you create an easy way to bypass security, criminals — or other governments — are going to start looking for ways to reproduce the keys.


Law enforcement is going to pursue strategies that maximize the ability to catch criminals or terrorists. These are noble goals. But we have to take care that in the pursuit of these goals, the population they’re trying to protect is not forgotten. Every time we open more doors for our own government, we’re inviting other unwelcome guests to join them inside.

I don’t really blame law enforcement for pushing as hard as possible; rare is the organization in history that has said, “You know, the world would be a better place if I had less power to do my job.” But that makes it more imperative that the rest of us keep an eye on what they’re doing, and force the law to account for tradeoffs, rather than the single-minded pursuit of one goal.

August 18, 2015

How police departments justify militarization

Filed under: Law, USA — Tags: , — Nicholas @ 04:00

In the Washington Post, Radley Balko looks at some documentation recently acquired by Mother Jones showing how police departments explain why they need war-fighting tools for police work:

Mother Jones got ahold of some of the forms police agencies fill out when requesting military gear from the Pentagon. They’re pretty revealing.

    … the single most common reason agencies requested a mine-resistant vehicle was to combat drugs. Fully a quarter of the 465 requests projected using the vehicles for drug enforcement. Almost half of all departments indicated that they sit within a region designated by the federal government as a High Intensity Drug Trafficking Area. (Nationwide, only 17 percent of counties are HIDTAs.) One out of six departments were prepared to use the vehicles to serve search or arrest warrants on individuals who had yet to be convicted of a crime. And more than half of the departments indicated they were willing to deploy armored vehicles in a broad range of Special Weapons and Tactics (SWAT) raids.

Police officials frequently say they need these behemoth vehicles to protect officers from active shooters. But that isn’t what they’re telling the Pentagon when they request them.

    By contrast, out of the total 465 requests, only 8 percent mention the possibility of a barricaded gunman. For hostage situations, the number is 7 percent, for active shooters, 6 percent. Only a handful mentioned downed officers or the possibility of terrorism.

    “This is a great example of how police as an institution talk to each other privately, versus how they talk to the public and journalists who might raise questions about what they’re doing with this equipment,” says Peter Kraska, a professor at Eastern Kentucky University who has studied police militarization for decades. When police are pressured in public, Kraska says, “They’re going to say, ‘How about Columbine?’ or point to all these extremely rare circumstances.”

Kraska is correct to call such situations extremely rare. Despite the saturation coverage mass shootings get, statistically, the odds of one occurring in your immediate community are still incredibly low. I suspect one big reason the public hasn’t been more outspoken in opposing the transfer of this sort of gear is because most people think such shootings are more common than they are. That’s mostly because the media have been good at scaring people into thinking as much. (Ironically, one of the media outlets most guilty of overstating the frequency of such events … is Mother Jones.)

July 27, 2015

The “Ferguson Effect”

Filed under: Law, Politics, USA — Tags: , , , — Nicholas @ 04:00

Radley Balko explains why the concerns and worries of police officials have been totally upheld by the rising tide of violence against police officers in the wake of the events in Ferguson … oh, wait. No, that’s not what happened at all:

The “Ferguson effect,” you might remember, is a phenomenon law-and-order types have been throwing around in an effort to blame police brutality on protesters and public officials who actually try to hold bad cops accountable for an alleged increase in violence, both general violence and violence against police officers.

The problem is that there’s no real evidence to suggest it exists. As I and others pointed out in June, while there have been some increases in crime in a few cities, including Baltimore and St. Louis County, there’s just no empirical data to support the notion that we’re in the middle of some national crime wave. And while there was an increase in killings of police officers in 2014, that came after a year in which such killings were at a historic low. And in any case, the bulk of killings of police officers last year came before the Ferguson protests in August and well before the nationwide Eric Garner protests in December.

Now, the National Law Enforcement Officers Memorial Fund has released its mid-year report on police officers’ deaths in 2015. Through the end of June, the number of officers killed by gunfire has dropped 25 percent from last year, from 24 to 18. Two of those incidents were accidental shootings (by other cops), so the number killed by hostile gunfire is 16. (As of today, the news is even better: Police deaths due to firearms through July 23 are down 30 percent from last year.)


A typical officer on a typical stop is far more likely to die of a heart attack than to be shot by someone inside that car.

It’s important to note here that we’re also talking about very small numbers overall. Police officer deaths have been in such rapid decline since the 1990s that when taken as percentages, even statistical noise in the raw figures can look like a large swing one way or the other. And if we look at the rate of officer fatalities (as opposed to the raw data), the degree to which policing has gotten safer over the last 20 years is only magnified.

But the main takeaway from the first-half figures of 2015 is this: If we really were in the midst of a nationwide “Ferguson effect,” we’d expect to see attacks on police officers increasing. Instead, we’re seeing the opposite. That’s good news for cops. It’s bad news for people who want to blame protesters and reform advocates for the deaths of police officers.

July 15, 2015

QotD: Modern urban policing

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

Let me interject that I hold no brief for the police in America, at least in the cities. They inspire me with a frisson of fear every time I see one, though I break no law. Their manner is more that of masters of the public than of servants of the same; many of them seem to be the kind of people who wanted to be soldiers but couldn’t make the grade because they were not fit enough. They look menacing and seem to shoot to kill on relatively slight pretexts (or perhaps they are just bad shots). I have little doubt that if I were black my less than warm feelings toward them would be a good deal cooler still. Their increasing militarization, on the flimsiest of pretexts, is another reason to mistrust them. Alas, the British police are increasingly modeling themselves on the American, as if they were permanently on riot duty.

Theodore Dalrymple, “Indulging in Destruction”, Taki’s Magazine, 2014-08-24.

June 23, 2015

“Being skunked” takes on a new meaning

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

At Defence One, Patrick Tucker looks at an “improved” stink bomb now available to American police departments:

As protestors and police officers clash on the streets of Baltimore and other divided cities, some police departments are stockpiling a highly controversial weapon to control civil unrest.

It’s called Skunk, a type of “malodorant,” or in plainer language, a foul-smelling liquid. Technically nontoxic but incredibly disgusting, it has been described as a cross between “dead animal and human excrement.” Untreated, the smell lingers for weeks.

The Israeli Defense Forces developed Skunk in 2008 as a crowd-control weapon for use against Palestinians. Now Mistral, a company out of Bethesda, Md., says they are providing it to police departments in the United States.

Skunk is composed of a combination of baking soda and amino acids, Mistral general manager Stephen Rust said at the National Defense Industrial Association’s Armament Systems Forum on April 20. “You can drink it, but you wouldn’t want to,” said Rust, a retired U.S. Army project manager.

The Israelis first used it in 2008 to disperse Palestinians protesting in the West Bank. A BBC video shows its first use in action, sprayed by a hose, a system that has come to be known as the “crap cannon.”

June 22, 2015

Breaking – it’s a nation-wide crime wave (when you cherry-pick your data)

Filed under: Law, USA — Tags: , , — Nicholas @ 04:00

Daniel Bier looks at how Wall Street Journal contributor Heather Mac Donald concocted her data to prove that there’s a rising tide of crime across the United States:

Heather Mac Donald is back in the Wall Street Journal to defend her thesis that there is a huge national crime wave and that protesters and police reformers are to blame.

In her original piece, Mac Donald cherry picked whatever cities and whatever categories of crime showed an increase so far this year, stacked up all the statistics that supported her idea, ignored all the ones that didn’t, and concluded we are suffering a “nationwide crime wave.”

Of course, you could do this kind of thing any year to claim that crime is rising. But it isn’t.

The fifteen largest cities have seen a 2% net decrease in murder so far this year. Eight saw a rise in murder rates, and seven saw an even larger decline.

Guess which cities Mac Donald mentioned and which she did not.

This is how you play tennis without the net. Or lines.

And in her recent post, buried seven paragraphs in, comes this admission: “It is true that violent crime has not skyrocketed in every American city — but my article didn’t say it had.”

But neither did her article acknowledge that murder in big cities was falling overall — in fact, it didn’t acknowledge that murder or violent crime was declining anywhere. Apparently, in her view, it is acceptable to present a distorted view of the data as long as it isn’t an outright lie.

May 24, 2015

Charles Stross proposes “The Evil Business Plan of Evil”

Filed under: Bureaucracy, Business, Government — Tags: , , — Nicholas @ 04:00

Well, “proposes” isn’t quite the right word:

Let me describe first the requirements for the Evil Business Plan of Evil, and then the Plan Itself, in all it’s oppressive horror and glory.

Some aspects of modern life look like necessary evils at first, until you realize that some asshole has managed to (a) make it compulsory, and (b) use it for rent-seeking. The goal of this business is to identify a niche that is already mandatory, and where a supply chain exists (that is: someone provides goods or service, and as many people as possible have to use them), then figure out a way to colonize it as a monopolistic intermediary with rent-raising power and the force of law behind it. Sort of like the Post Office, if the Post Office had gotten into the email business in the 1970s and charged postage on SMTP transactions and had made running a private postal service illegal to protect their monopoly.

Here’s a better example: speed cameras.

We all know that driving at excessive speed drastically increases the severity of injuries, damage, and deaths resulting from traffic accidents. We also know that employing cops to run speed traps the old-fashioned way, with painted lines and a stop-watch, is very labour-intensive. Therefore, at first glance the modern GATSO or automated speed camera looks like a really good idea. Sitting beside British roads they’re mostly painted bright yellow so you can see them coming, and they’re emplaced where there’s a particular speed-related accident problem, to deter idiots from behaviour likely to kill or injure other people.

However, the idea has legs. Speed cameras go mobile, and can be camouflaged inside vans. Some UK police forces use these to deter drivers from speeding past school gates, where the speed limit typically drops to 20mph (because the difference in outcome between hitting a child at 20mph to hitting them at 30mph is drastic and life-changing at best: one probably causes bruises and contusions, the other breaks bones and often kills). And some towns have been accused of using speed cameras as “revenue enhancement devices”, positioning them not to deter bad behaviour but to maximize the revenue from penalty notices by surprising drivers.

This idea maxed out in the US, where the police force of Waldo in South Florida was disbanded after a state investigation into ticketing practices; half the town’s revenue was coming from speed violations. (Of course: Florida.) US 301 and Highway 24 pass through the Waldo city limits; the town applied a very low speed limit to a short stretch of these high-speed roads, and cleaned up.

Here’s the commercial outcome of trying to reduce road deaths due to speeding: speed limits are pretty much mandatory worldwide. Demand for tools to deter speeders is therefore pretty much global. Selling speed cameras is an example of supplying government demand; selling radar detectors or SatNav maps with updated speed trap locations is similarly a consumer-side way of cleaning up.

And here’s a zinger of a second point: within 30 years at most, possibly a lot sooner, this will be a dead business sector. Tumbleweeds and ghost town dead. Self-driving cars will stick to the speed limit because of manufacturer fears over product liability lawsuits, and speed limits may be changed to reflect the reliability of robots over inattentive humans (self-driving cars don’t check their Facebook page while changing lanes). These industry sectors come and go.

April 29, 2015

A simple, four-step plan to assist African-Americans

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

At Coyote Blog, Warren Meyer lays out his simple but effective plan to help African-Americans:

  • Legalize drugs. This would reduce the rents that attract the poor into dealing, would keep people out of jail, and reduce a lot of violent crime associated with narcotics traffic that kills investment and business creation in black neighborhoods. It would also reduce the main excuse for petty harassment by police that falls disproportionately on young black men. No its not a good thing to have people addicted to strong narcotics but it is worse to be putting them in jail and having them shooting at each other.
  • Bring real accountability to police forces. When I see stories of folks absurdly abused by police forces, I can almost always guess the race of the victim in advance. I used to be a law-and-order Conservative that blindly trusted police statements about every encounter. The advent of cell-phone video has proven this to be supremely naive.
  • Eliminate the minimum wage (compromise: eliminate the minimum wage before 25). Originally passed for racist reasons, it still (if unintentionally) keeps young blacks from entering the work force. Dropping out of high school does not hurt employment because kids learn job skills in high school (they don’t); it hurts because finishing high school is a marker of responsibility and other desirable job traits. Kids who drop out can overcome this, but only if they get a job where they can demonstrate these traits. No one is going to take that chance at $10 or $15 an hour**
  • Voucherize education. It’s not the middle class that is primarily the victim of awful public schools, it is poor blacks. Middle and upper class parents have the political pull to get accountability. It is no coincidence the best public schools are generally in middle and upper class neighborhoods. Programs such as the one in DC that used to allow urban poor to escape failing schools need to be promoted.

You could argue that decriminalizing drugs is somehow wrong … but if you’re looking at the harm inflicted by drug abuse and comparing it to the harm to African-American communities in particular, you would have to admit that it’s significantly worse with drug prohibition than it would be under a legal drug-use scenario. Reforming the police? Check what kinds of stuff show up in my Militarization-tagged posts — if that doesn’t convince you, you can’t be convinced.

The minimum wage is one of those issues that seems beneficial to the poor, because it means they get a higher wage on the job than they might get otherwise — what isn’t seen is that this limits the number of jobs that a poor person may have access to. Our education system is not adequately equipping people for the working world, and the more we expect the schools to teach, the less they can teach in the way of life-skills. A bad school can negatively impact someone’s entire working life. In education especially, one size does not fit all. Having more varied educational offerings makes it much more likely that children will be able to get the kind of education they need to succeed in life.

April 24, 2015

Junk science watch – lie detectors

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

Gavin McInnes on the polygraph machines and their questionable accuracy:

I met Doug Williams in August while developing a pilot for a TV show about myth busting. He’s the most vocal critic of polygraph machines in the world and authored the book From Cop to Crusader: My Fight Against the Dangerous Myth of “Lie Detection.” Williams’ history in law enforcement brought him from the Oklahoma City Police Department to the White House where he served under Johnson and Nixon as a communications advisor (Johnson was cool, Nixon was a dick). He has issued thousands of polygraph tests over the years and even helped make the test part of federal law.

Doug started to realize the whole thing was a scam in the late 1970s and since then has devoted his entire life to giving everyone else the same epiphany. Unfortunately, the government doesn’t see it the same way and on May 12th, his trial will begin for the crime of “train[ing]… customers how to conceal misconduct and other disqualifying information.” He was busted by two undercover federal agents who took his course and decided the class had gone from simply “debunking” to “aiding and abetting.” The Feds are trying to say that Williams is hampering investigations, but all he’s doing is proving these machines don’t work by presenting evidence. 60 Minutes did the same thing in a 1986 episode where three out of three experts failed their own test. People are losing their jobs and going to prison based on the findings of a machine that appears to be totally unreliable. The only thing he’s hampering here is the abuse of power. The irony is, if it’s possible to beat a polygraph, it clearly isn’t a reliable piece of equipment. If it’s not possible to beat, his courses are irrelevant. You can teach someone to trick a police radar all you want. It’s still going to clock you if you’re going over the speed limit. This seems like common sense yet the state has won cases like this before. In 2013, an electrician named Chad Dixon was sentenced to 8 months in jail for helping people beat the machine.

April 6, 2015

The Progressive world view on campus is shutting out liberals

Filed under: Media, Politics, USA — Tags: , , , , — Nicholas @ 08:02

In the Claremont Independent, Taylor Schmitt describes how even long-standing liberals are becoming less welcome in the Progressive movement, both on- and off-campus:

A recent study by the Pew Research Center found that Fox News spends only 45 percent of its airtime on factual reporting, while it spends 55 percent of its airtime on opinion pieces and commentary. It was unsurprising that a news source frequently lampooned as opinion-driven and biased spends the majority of its time reporting opinion pieces. But why is Fox News considered such a horrible and untrustworthy network when the same study showed that the liberal MSNBC network spends a whopping 85 percent of its airtime on opinion segments and only 15 percent on factual reporting? If Fox’s penchant for focusing on opinion is worthy of criticism, doesn’t MSNBC’s more egregious example of the same sin merit even more? The contempt for Fox I hear coming from liberals coupled with a lack of criticism towards MSNBC suggests that many within the liberal movement don’t want factual journalism at all, but rather opinionated journalism with a liberal bent. In fact, though they would have you believe they merely support truth in journalism, many liberals openly disregard the truth – and criticize those who don’t – when it conflicts with their worldview.

The most recent example that comes to mind is the death of Michael Brown in Ferguson. My fellow liberals decided from day one that Darren Wilson, the police officer who shot and killed Brown, was in the wrong. Before autopsy results were released, without reading the eyewitness testimony, and with no regard for forensic evidence, the left prejudged Wilson as guilty. Although I personally prefer to hear evidence before forming an opinion, I can understand why –especially in light of the slanted media reporting on the case – many people would leap to the conclusion that Wilson was guilty. What was appalling to me, however, was that when the evidence that was released proved far from sufficient to suggest Wilson’s guilt, the vast majority of the left was still calling for Wilson to be punished. Protests predicated on the assumption of Wilson’s guilt, like the march to Claremont City Hall, were held nationwide after a grand jury failed to indict Wilson, seemingly unconcerned with the fact that the evidence against him was inconclusive at best.

Campus liberals acted similarly in the case of Emma Sulkowicz, the Columbia University student who has vowed to carry a mattress around campus with her until her alleged rapist leaves the school. Rallies in support of Sulkowicz were held at college campuses across the nation, including here in Claremont. Despite the fact that criminal charges were never filed and the man who ostensibly assaulted her was found not responsible by Columbia, supporters of Sulkowicz have continued to refer to him as her “rapist” and harass him on and off campus (have they never heard of the Scottsboro Boys?). The Columbia Spectator decided to print the name of the accused despite the fact that the university had not found him responsible for any wrongdoing (did the Spectator learn nothing from the media’s handling of the Duke Lacrosse case?). This uproar will affect the man for the remainder of his time at Columbia and will continue to follow him for the rest of his life. Because the alleged assault fit into campus liberals’ dominant narrative on sexual assault, the overwhelmingly liberal students of Columbia, the Claremont Colleges, and other elite institutions were eager to risk ruining a potentially innocent man’s life by naming him a rapist, even as new evidence emerges, all of which seems to support the alleged attacker’s innocence.

To question the guilt of Darren Wilson was to be a racist, and to question the veracity of Sulkowicz’s story was to be a sexist rape apologist. Doing either of these things would almost certainly get you branded as a conservative. As a liberal who did both of these things, I have been appalled by the irrational mob mentality displayed by my fellow liberal students at events like the Ferguson protest and the “Carry That Weight” march in support of Sulkowicz. I am struggling to come to terms with this new reality wherein sticking to an objective view of the facts is considered a conservative trait. The campus left’s complete unwillingness to adjust their opinions of these cases to fit with the facts shows a thought process completely devoid of reason. Facts are apolitical. To question prevailing liberal thought on Ferguson and Columbia because of the evidence (or lack thereof) is not a conservative position. It is a realistic one. To question prevailing liberal thought on Ferguson and Columbia is not to deny the existence of racism in law enforcement or sexual assault on college campuses, but to acknowledge that not every individual case fits those patterns.

March 18, 2015

This is not how a justice system is supposed to work

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

Nathan Robinson points out a key finding from the Ferguson investigation … that in a municipality of 21,000 people, the police have outstanding arrest warrants out for 16,000:

The Department of Justice’s 102-page report is a rich source of damning facts about the Ferguson criminal justice system. But tucked halfway in and passed over quickly is a truly revelatory set of figures: the arrest warrant data for the Ferguson Municipal Court.

It turns out that nearly everyone in the city is wanted for something. Even internal police department communications found the number of arrest warrants to be “staggering”. By December of 2014, “over 16,000 people had outstanding arrest warrants that had been issued by the court.” The report makes clear that this refers to individual people, rather than cases (i.e. people with many cases are not being counted multiple times). However, if we do look at the number of cases, the portrait is even starker. In 2013, 32,975 offenses had associated warrants, so that there were 1.5 offenses for every city resident.

That means that the city of Ferguson quite literally has more crimes than people.

To give some context as to how truly extreme this is, a comparison may be useful. In 2014, the Boston Municipal Court System, for a city of 645,000 people, issued about 2,300 criminal warrants. The Ferguson Municipal Court issued 9,000, for a population 1/30th the size of Boston’s.

This complete penetration of policing into everyday life establishes a world of unceasing terror and violence. When everyone is a criminal by default, police are handed an extraordinary amount of discretionary power. “Discretion” may sound like an innocuous or even positive policy, but its effect is to make every single person’s freedom dependent on the mercy of individual officers. There are no more laws, there are only police. The “rule of law,” by which people are supposed to be treated equally according to a consistent set of principles, becomes the “rule of personal whim.”

And this is precisely what occurs in Ferguson. As others have noted, the Ferguson courts appear to work as an orchestrated racket to extract money from the poor. The thousands upon thousands of warrants that are issued, according to the DOJ, are “not to protect public safety but rather to facilitate fine collection.” Residents are routinely charged with minor administrative infractions. Most of the arrest warrants stem from traffic violations, but nearly every conceivable human behavior is criminalized. An offense can be found anywhere, including citations for “Manner of Walking in Roadway,” “High Grass and Weeds,” and 14 kinds of parking violation. The dystopian absurdity reaches its apotheosis in the deliciously Orwellian transgression “failure to obey.” (Obey what? Simply to obey.) In fact, even if one does obey to the letter, solutions can be found. After Henry Davis was brutally beaten by four Ferguson officers, he found himself charged with “destruction of official property” for bleeding on their uniforms.

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