Quotulatiousness

April 20, 2015

Everything is “interstate commerce”

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

Last month, Elizabeth Nolan Brown reported on another case where the “interstate commerce” excuse is used to justify federal charges for a purely intra-state activity:

Until 2010, Oregon entrepreneur Lawrence George Owen, 73, owned one restaurant, eight strip clubs, and two adult-video stores in the Portland area. At these businesses, Owen installed ATM machines in case customers needed to take out cash. With that cash, customers could do an assortment of things — tip dancers, buy food and drinks, leave the establishment and go grocery shopping. And sometimes, customers used the cash to privately pay some strippers for sex.

Now Owen faces federal charges for “conspiring to use interstate commerce” in promotion of prostitution.

The charges are the results of a nine year joint-effort by Portland’s vice squad and the FBI. Between 2006 and 2009, undercover Portland police officers arranged for 18 acts of prostitution with dancers at three of the clubs. After that federal agents took over, searching Owen’s businesses and the homes of his alleged co-conspirators and seizing $843,000 in cash.

Owen, it should be noted, was living in Mexico most of this time. He is currently on a U.S. Marshall’s hold in a Portland jail, after being detained by federal agents in late February.

You might be wondering how Owen faces federal charges if all of the alleged prostitution-promoting took place in Portland. Promoting prostitution is only a federal crime under certain circumstances, such as when the perpetrator transports or coerces an individual across state lines for prostitution purposes. Using mail, telephone calls, or other “facilities of interstate commerce” in service of prostitution will also do the trick. But the FBI has no evidence that Owen enticed or transported strip-club employees from outside Oregon, nor that he used mail or telephone calls to help facilitate their prostitution efforts.

When the FBI wants to make a case against someone, however, they’ll find a way. In this case, the FBI decided that ATM machines count as “facilities of interstate commerce.”

April 10, 2015

“Scotland in the 21st century is a hotbed of the new authoritarianism”

Filed under: Britain,Government,Religion,Soccer — Tags: , , , — Nicholas @ 02:00

Brendan O’Neill on the odd disconnect between American views of Scotland (roughly summed up by kilts, whisky, and Braveheart) and the reality:

… far from being a land of freedom-yearning Bravehearts, Scotland in the 21st century is a hotbed of the new authoritarianism. It’s the most nannying of Europe’s nanny states. It’s a country that imprisons people for singing songs, instructs people to stop smoking in their own homes, and which dreams of making salad-eating compulsory. Seriously. Scotland the Brave has become Scotland the Brave New World.

If you had to guess which country in the world recently sent a young man to jail for the crime of singing an offensive song, I’m guessing most of you would plumb for Putin’s Russia or maybe Saudi Arabia. Nope, it’s Scotland.

Last month, a 24-year-old fan of Rangers, the largely Protestant soccer team, was banged up for four months for singing “The Billy Boys,” an old anti-Catholic ditty that Rangers fans have been singing for years, mainly to annoy fans of Celtic, the largely Catholic soccer team. He was belting it out as he walked along a street to a game. He was arrested, found guilty of songcrimes—something even Orwell failed to foresee—and sent down.

It’s all thanks to the Offensive Behaviour at Football Act, which, yes, is as scary as it sounds. Introduced in 2012 by the Scottish National Party, the largest party in Scotland the Brave New World and author of most of its new nanny-state laws, the Act sums up everything that is rotten in the head of this sceptred isle. Taking a wild, wide-ranging scattergun approach, it outlaws at soccer matches “behaviour of any kind,” including, “in particular, things said or otherwise communicated,” that is “motivated (wholly or partly) by hatred” or which is “threatening” or which a “reasonable person would be likely to consider offensive.”

Got that? At soccer games in Scotland it is now illegal to do or say anything — and “in particular” to say it — that is hateful or threatening or just offensive. Now, I don’t know how many readers have been to a soccer game in Britain, but offensiveness, riling the opposing side, is the gushing lifeblood of the game. Especially in Scotland. Banning at soccer matches hateful or offensive comments, chants, songs, banners, or badges — all are covered by the Offensive Behaviour Act — is like banning cheerleaders from American football. Sure, our cheerleaders are gruffer, drunker, fatter, and more foul-mouthed than yours, but they play a similarly key role in getting the crowds going.

The Offensive Behaviour Act has led to Celtic fans being arrested in dawn raids for the crime of singing pro-I.R.A. songs — which they do to irritate Rangers fans — and Rangers fans being hauled to court for chanting less-than-pleasant things about Catholics.

Even blessing yourself at a soccer game in Scotland could lead to arrest. Catholic fans have been warned that if they “bless themselves aggressively” at games, it could be “construed as something that is offensive,” presumably to non-Catholic fans, and the police might pick them up. You don’t have to look to some Middle Eastern tinpot tyranny if you want to see the state punishing public expressions of Christian faith — it’s happening in Scotland.

April 5, 2015

The war on drugs in two charts

Filed under: Law,Liberty,USA — Tags: , , , , , — Nicholas @ 09:56

I saw this on Google+ and thought the two graphics included in the post were interesting enough to present on their own — because they pretty much tell the whole story in a glance:

Drug addition rate and drug control spending

State and federal incarceration rates

In 1969, the prison population was 200,000 and the overall population was about 200 million people. This means that approximately 0.1% of all Americans were in prison in 1969. As of 2010, the prison population had expanded to 1.6 million while the overall population was 309 million. Therefore, the current prison population is 0.5%. The prison population has expanded 5 times when adjusted for population size while the rate of drug addiction has remained largely constant. I do not believe that any reasonable person can look at the statistics on incarceration versus drug usage and come to any conclusion other than that the Drug War has been an immense cataclysm for the American people and that this cataclysm has fallen horrifically and disproportionately upon the poor. From a drug usage standpoint the inner cities have not improved in the slightest when it comes to overdoses and other tertiary consequences of drug use and we have simultaneously turned our inner cities into armed police states where the inhabitants are frequently terrified of the police, where the police engage in the worst sorts of paramilitary tactics, and where a large portion of young men are hurled into prison cells and ruined in the prime of their lives.

But none of these bourgeoisie facts and evidence shall deter Mr. Walters from his noble, righteous quest! No, he knows the evils of marijuana which shall be visited disproportionately upon the poor, and he will not rest until such toxins are driven entirely from the field:

    The focus on marijuana legalization trades on the public perception that the drug does little damage, and hence, that any criminal justice penalty for its use is an unnecessary affront. In fact, marijuana use does serious harm, and its legalization promises more use by the most vulnerable in communities like Angela Dawson’s Oliver neighborhood.

Personally, and I do realize this would shock Mr. Walters, I actually don’t care how damaging marijuana is to its users. Provided its users are of legal age and therefore are capable of consenting to its use, whether or not it is ‘damaging’ is of no relevance to me — consuming massive quantities of sugar is damaging, large amounts of fat is damaging, failure to exercise is damaging, drinking to excess is damaging — yet none of these are, or should be, illegal. Even if you prove the negative consequences of weed, it doesn’t matter — it is not the responsibility of the state to treat its citizens like children in need of mollycoddling and governmentally sponsored salvation and it certainly is neither the duty nor the purpose of the state to save us from the consequences of our own decisions.

March 27, 2015

Keeping people out of jail isn’t quite as easy as it seems

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

Megan McArdle is being a downer about the idea that if we just stop throwing people into jail for non-violent drug possession, it’ll make a big dent in the prison population:

De-incarceration is clearly an idea whose time has come. But doing it means thinking clearly about de-incarceration. And as I discovered when I went to a recent event on the topic, most of us in the media don’t.

We’re hampered by the rampant perception that all we need is to wise up and stop incarcerating people for simply possessing drugs, something many of us feel shouldn’t be a crime at all and certainly shouldn’t merit prison time. At the event I attended, someone who has actually studied the matter closely pointed out what experts know and most journalists apparently don’t: Relatively few people are in prison for simple possession or for other minor crimes. The shock in the room was palpable.

I wasn’t shocked, but not because I am somehow immune to this delusion. Rather, I had it stripped from me a few years back, when I went to Hawaii to report on its innovative probation program, Hawaii’s Opportunity Probation with Enforcement. HOPE has sharply reduced the number of people who “flunk” probation and end up with long prison terms. To study it, I sat in a courtroom for a week and actually watched how the process worked. I’ve written about it in my book, but here’s something I didn’t write about: how shocked I was by the composition of the docket. I’d been expecting a lot more simple possession — and a lot less robbery, assault, domestic violence and burglary.

Even the most dedicated anti-incarceration activist would call these “real” crimes, and they were numerous. Even the most dedicated advocate of drug legalization — such as, say, me — would have to admit that a large percentage, perhaps the majority, of the people who committed “real” crimes had some sort of a drug problem — not as in “smokes more weed than they really should” but as in “admitted to the judge that they had smoked crystal meth recently enough to flunk the drug test they were about to be required to take.”

February 16, 2015

Even if you do nothing, you can still be arrested for “resisting arrest”

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

We’ve seen examples of this before, but if the NYPD gets its way, the all-purpose charge of “resisting arrest” will become a felony offense:

The most half-baked “weapon” in any policeman’s arsenal should never be raised to the level of a felony. “Resisting arrest” is the charge brought when bad cops run out of better ideas. This truism runs through nearly every law enforcement agency in the country. When you take a look at videographers and photographers who have been arrested for exercising their First Amendment rights (and backed by a DOJ statement), you’ll see plenty of “resisting arrest” charges.

When a San Francisco public defender tried to head off a detective who wanted to question and photograph her client without her permission, she was arrested for “resisting arrest.”

When someone has been brutalized by the police, the words “resisting arrest” are repeated nearly as frequently as the mantra that accompanies every taser deployment and baton swing (“stop resisting”). Resisting arrest is a dodge that makes bad cops worse and marginal cops bad.

Turning resisting arrest into a felony shouldn’t happen anywhere. But perhaps especially not in New York City.

[…]

To turn this into a felony is to grant bad cops a longer leash — and allows them to do much more damage. Not only will the victims of excessive force have to deal with injuries and psychological trauma, they may also find their futures severely disrupted by a felony charge that will follow them around for years.

The protests following the clearing of the officer involved in Eric Garner’s death, followed shortly thereafter by the murder of two NYPD officers by a civilian, have turned the NYPD against the public. Bratton’s support of this abhorrent idea makes it clear he’s willing to put more power in the hands of his worst officers. However bad he feels the situation is now, this action will only make things worse. The answer lies in greater accountability from the NYPD, not additional punishments for members of the public.

January 12, 2015

The oldest game … as a video game

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

Elizabeth Nolan Brown on an interesting video game in development:

First, choose your city: Toronto, Vancouver, or Montréal. Next, decide whether avatar Andrea (Andréa, if you chose Montreal) will work on the streets, in a massage parlor, or as an escort. Then try to get screwed literally without being figuratively fucked by the cops—an ultimately no-win situation when it comes to The Oldest Game. Developed by a team of Canadian academics, the project is meant to highlight how the country’s new prostitution law, C-36, makes life more difficult and dangerous for Canadian sex workers.

The law, which took effect in December 2014, “continues to criminalize various aspects of sex work, often removing safeguards and strategies that place sex workers in dangerous situation, placing at risk the very vulnerable people the bill ostensibly exists to protect,” note the game’s creators.

    Through various encounters with clients, colleagues and law enforcement in three difference Canadian cities, players will experience how the legislation changes the way sex workers live and work, and play through the additional challenges sex workers will face when trying to remain safe.

Sandra Gabriele, a Concordia communications professor and one of the project’s co-leads, is interested in using games as a form of journalism.

Published on 10 Dec 2014

On December 6th 2014 (the National Day of Remembrance and Action on Violence Against Women in Canada), Bill C-36 officially came into force. Replacing Canada’s previous laws on sex work, which were struck down as unconstitutional on On December 20th, 2013, the new bill have drawn a great deal of criticism for placing sex workers at even greater risk than they faced under the old legislation. The Oldest Game, a newsgame about sex work developed at Concordia University in Montreal QC, demonstrates how Bill C-36 will impact the lives of sex workers in Canada. Developed by Lisa Lynch, Sandra Gabriele, Amanda Feder, Martin Desrosiers, Stephanie Goddard, Ben Spencer, Esther Splett and Natalie Zina Walschots. Follow is on Twitter at @The OldestGame and visit our website, http://www.theoldestgame.com !

October 21, 2014

A legal warning shot for Manga fans in England

Filed under: Britain,Law,Media — Tags: , , , — Nicholas @ 07:14

A man in Middlesbrough has been convicted of possessing illegal images of children … in his Manga collection. That is, cartoon drawings in the Japanese style called Manga. Gareth Lightfoot reports on the case for the Gazette:

A jobless animation fan has made legal history as he was convicted of having illegal pictures of cartoon children.

Robul Hoque, 39, is believed to be the first in the UK hauled before court over his collection of Japanese Manga or Anime-style images alone.

He admitted 10 counts of possessing prohibited images of children at Teesside Crown Court.

His barrister Richard Bennett said: “These are not what would be termed as paedophilic images. These are cartoons.”

And Mr Bennett revealed that such banned images were freely available on legitimate sites.

He said: “This case should serve as a warning to every Manga and Anime fan to be careful. It seems there are many thousands of people in this country, if they are less then careful, who may find themselves in that position too.”

Police found the images when they seized Hoque’s computer from his home on June 13, 2012, said prosecutor Harry Hadfield. He said officers found 288 still and 99 moving images, but none were of real people.

They were classified as prohibited images as they depicted young girls, some in school uniforms, some exposing themselves or taking part in sexual activity.

For obvious reasons, the newspaper article does not show any examples of the images in question, but Rob Beschizza warns you not to read his post at BoingBoing if you’re in England, as it does show an image that may or may not have been part of the investigation.

October 6, 2014

Last Week Tonight with John Oliver: Civil Forfeiture (HBO)

Filed under: Law,Liberty,USA — Tags: , , — Nicholas @ 16:47

Published on 5 Oct 2014

Did you know police can just take your stuff if they suspect it’s involved in a crime? They can!
It’s a shady process called “civil asset forfeiture,” and it would make for a weird episode of Law and Order.

H/T to Dave Trant for the link.

July 3, 2014

Jeremy Bentham’s “secret” writings

Filed under: Britain,History,Liberty,Media,Quotations — Tags: , , , — Nicholas @ 10:43

In the Guardian, Faramerz Dabhoiwala reviews a recent “discovery” that Jeremy Bentham, far from being an innocent about sexual matters (as portrayed by his disciple John Stuart Mill among others), had thought deeply on the topic and had written much. After his death, these writings were ignored for fear that they would discredit his wider body of work.

Bodily passion was not just a part of Bentham’s life: it was fundamental to his thought. After all, the maximisation of pleasure was the central aim of utilitarian ethics. In place of the traditional Christian stress on bodily restraint and discipline, Bentham sought, like many other 18th-century philosophers, to promote the benefits of economic consumption, the enjoyment of worldly appetites and the liberty of natural passions. This modern, enlightened view of the purpose of life spawned a revolution in sexual attitudes, and no European scholar of the time pursued its implications as thoroughly as Bentham. To think about sex, he noted in 1785, was to consider “the greatest, and perhaps the only real pleasures of mankind”: it must therefore be “the subject of greatest interest to mortal men”. Throughout his adult life, from the 1770s to the 1820s, he returned again and again to the topic. Over many hundreds of pages of private notes and treatises, he tried to strip away all the irrational and religious prohibitions that surrounded sexual activity.

Of all enjoyments, Bentham reasoned, sex was the most universal, the most easily accessible, the most intense, and the most copious — nothing was more conducive to happiness. An “all-comprehensive liberty for all modes of sexual gratification” would therefore be a huge, permanent benefit to humankind: if consenting adults were freed to do whatever they liked with their own bodies, “what calculation shall compute the aggregate mass of pleasure that may be brought into existence?”

The main impetus for Bentham’s obsession with sexual freedom was his society’s harsh persecution of homosexual men. Since about 1700, the increasing permissiveness towards what was seen as “natural” sex had led to a sharpened abhorrence across the western world of supposedly “unnatural” acts. Throughout Bentham’s lifetime, homosexuals were regularly executed in England, or had their lives ruined by the pillory, exile or public disgrace. He was appalled at this horrible prejudice. Sodomy, he argued, was not just harmless but evidently pleasurable to its participants. The mere fact that the custom was abhorrent to the majority of the community no more justified the persecution of sodomites than it did the killing of Jews, heretics, smokers, or people who ate oysters — “to destroy a man there should certainly be some better reason than mere dislike to his Taste, let that dislike be ever so strong”.

Though ultimately he never published his detailed arguments for sexual liberty for fear of the odium they would bring on his general philosophy, Bentham felt compelled to think them through in detail, to write about them repeatedly and to discuss them with his acquaintances. In one surviving letter to a friend, he joked that his rereading of the Bible had finally revealed that the sin for which God had punished the inhabitants of Sodom and Gomorrah was not in fact buggery, but the taking of snuff. He and his secretary had consequently taken a solemn oath to hide their snuff-pouches and nevermore to indulge “that anti-Christian and really unnatural practice” in front of one another. Meanwhile, they were now both happily free to enjoy “the liberty of taking in the churchyard or in the market place, or in any more or less public or retired spot with Man, Woman or Beast, the amusement till now supposed to be so unrighteous, but now discovered to be a matter of indifference”. Among those with whom Bentham discussed his arguments for sexual toleration were such influential thinkers and activists as William Godwin, Francis Place and James Mill (John Stuart Mill’s father). Bentham’s ultimate hope, “for the sake of the interests of humanity”, was that his private elaboration and advocacy of these views might contribute to their eventual free discussion and general acceptance. “At any rate,” he once explained, even if his writings could not be published in his own lifetime, “when I am dead mankind will be the better for it”.

April 17, 2014

Online illegal drug sales persist because they’re safer than other channels

Filed under: Britain,Law,Liberty — Tags: , , , , — Nicholas @ 07:34

At the Adam Smith Institute blog, Daniel Pryor discusses the reasons for “Silk Road” continuing despite police crackdowns:

Growing up in Essex has made me appreciate why purchasing illegal drugs online is a far more attractive option. I have experienced the catastrophic effects of drug prohibition first-hand, and it is part of the reason that the issue means a great deal to me. Friends and acquaintances have had terrible experiences due to contamination from unscrupulous dealers with little incentive to raise their drugs’ quality, and every reason to lace their products with harmful additives. The violence associated with buying and selling drugs in person has affected the lives of people close to me.

As a current university student, I now live in an environment populated by many people who use Silk Road regularly, and for a variety of purchases. From prescription-only ‘study drugs’ like modafinil to recreational marijuana and cocaine, fellow students’ experiences with drugs ordered from Silk Road have reinforced my beliefs in the benefits of legalisation. They have no need to worry about aggressive dealers and are more likely to receive safer drugs: meaning chances of an overdose and other health risks are substantially reduced.

Their motivations for using Silk Road rather than street dealers correlate with the Global Drug Survey’s findings. Over 60% of participants cited the quality of Silk Road’s drugs as being a reason for ordering, whilst a significant proportion also used the site as a way to avoid the potential violence of purchasing from the street. Given that payments are made in the highly volatile Bitcoin, it was also surprising to learn that lower prices were a motivation for more than a third of respondents.

April 12, 2014

Under-the-table money in college sports

Filed under: Football,Sports,USA — Tags: , , , — Nicholas @ 08:58

As I’ve said before, I don’t follow US college football — which is why the pre-draft churn of names and teams in NFL coverage moves me very little — so my knowledge of how the NCAA organizes and manages team sports is pretty low. I do know that a lot of university student athletes are given scholarships with many nasty strings attached which force them into emphasizing the sport over their education. The scholarships are tied to team performance, so that what should be a great opportunity for a kid to earn a degree that otherwise would be out-of-reach effectively turns into four years of indentured servitude, followed by non-graduation. The students are also forbidden to earn money from activities related to their sport (signing autographs for a fee or selling an old game jersey can get you thrown out of school). Gregg Easterbrook regularly points out that some “powerhouse” football schools have terrible graduation rates for their students: the players are used up and discarded and nobody cares that they leave college no better off — and in many cases much worse-off — than when they started.

That’s one of the reasons I’m fascinated with the drive to introduce unions at the college level: even if the students don’t end up with a salary, they should at least be able to count on their scholarship to keep them attending class regardless of the whims of their coaches.

However, if the allegations in this story are true, the situation is even murkier than I’d been lead to believe:

The Bag Man excuses himself to make a call outside, on his “other phone,” to arrange delivery of $500 in cash to a visiting recruit. The player is rated No. 1 at his position nationally and on his way into town. We’re sitting in a popular restaurant near campus almost a week before National Signing Day, talking about how to arrange cash payments for amateur athletes.

“Nah, there’s no way we’re landing him, but you still have to do it,” he says. “It looks good. It’s good for down the road. Same reason my wife reads Yelp. These kids talk to each other. It’s a waste of money, but they’re doing the same thing to our guys right now in [rival school’s town]. Cost of business.”

Technically, this conversation never happened, because I won’t reveal this man’s name or the player’s, or even the town I visited. Accordingly, all the other conversations I had with different bag men representing different SEC programs over a two-month span surrounding National Signing Day didn’t happen either.

Even when I asked for and received proof — in this case a phone call I watched him make to a number I independently verified, then a meeting in which I witnessed cash handed to an active SEC football player — it’s just cash changing hands. When things are done correctly, there’s no proof more substantial than one man’s word over another. That allows for plausible deniability, which is good enough for the coaches, administrators, conference officials, and network executives. And the man I officially didn’t speak with was emphatic that no one really understands how often and how well it almost always works.

[…]

This is the arrangement in high-stakes college football, though of course not every player is paid for. Providing cash and benefits to players is not a scandal or a scheme, merely a function. And when you start listening to the stories, you understand the function can never be stopped.

“Last week I got a call. We’ve got this JUCO transfer that had just got here. And he’s country poor. The [graduate assistant] calls me and tells me he’s watching the AFC Championship Game alone in the lobby of the Union because he doesn’t have a TV. Says he never owned one. Now, you can buy a Walmart TV for $50. What kid in college doesn’t have a TV? So I don’t give him any money. I just go dig out in my garage and find one of those old Vizios from five years back and leave it for him at the desk. I don’t view what I do as a crime, and I don’t give a shit if someone else does, honestly.”

“If we could take a vote for these kids to make a real salary every season, I would vote for it. $40,000 or something. Goes back to mama, buys them a car, lets them go live like normal people after they work their asses off for us. But let’s be honest, that ain’t gonna stop all this. If everyone gets $40,000, someone would still be trying to give ’em 40 extra on the side.”

This is how you become a college football bag man.

February 15, 2014

In one stroke, Connecticut becomes the state with the highest proportion of criminals

Filed under: Law,Liberty,USA — Tags: , , , — Nicholas @ 10:54

In a development that absolutely nobody could have seen coming, Connecticut has the highest known population of (technical) criminals in the United States:

In a massive display of civil disobedience, tens of thousands of state residents have refused to register what the left calls assault weapons, instantly making them criminals guilty of a felony.

The legacy of the Connecticut residents who used their privately owned firearms to help overthrow the tyrannical colonial rule of King George III, who probably considered their muskets the military-style assault weapon of the day, apparently lives on.

Connecticuters in the tens, perhaps hundreds, of thousands have refused to comply with a law, adopted after the December 2012 massacre at Sandy Hook Elementary School, requiring them to register what gun-control advocates consider assault weapons by the end of 2013.

As the Hartford Courant reports, as of Dec. 31 some 47,916 applications for assault weapons certificates had been received by state police. By some estimates, this represented as little as 15% of the rifles classified as assault weapons owned by Connecticut residents.

Estimates by people in the industry, including the Newtown-based National Shooting Sports Foundation, place the number as high as 350,000.

Update, 19 February: The editorial board of the Hartford Courant thinks that the solution to this problem is to just ignore the deadline or even scrap the law. No, wait, that’d be a sensible reaction. They actually want the state to round up the scofflaws en masse:

Some people actually tried to comply with the registration law, but missed the deadline. The state’s official position is that it will accept applications notarized on or before January 1, 2014 and postmarked by January 4. But, says Dora Schriro, Commissioner of the Department of Emergency Services and Public Protection, in a letter to lawmakers [PDF], anybody sufficiently law-abiding but foolish enough to miss that slightly extended grace period will have to surrender or otherwise get rid of their guns.

This, of course, is the eternally fulfilled fear of those who oppose registration of things governments don’t like — that allowing the government to know about them will result in their eventual confiscation. Such confiscation, despite assurances to the contrary, occurred in New York, California, and elsewhere. Connecticut has accomplished something special, though, by making “eventual” a synonym for “right now.”

You know who won’t have to surrender their weapons? People who quietly told the state to fuck off.

This successful example of mass defiance horrifies the editorial board of the Hartford Courant, which shudders at the sight of the masses not obeying an order that, history, tells us, never had a shot at wide compliance. According to them:

    It’s estimated that perhaps scores of thousands of Connecticut residents failed to register their military-style assault weapons with state police by Dec. 31….

    …the bottom line is that the state must try to enforce the law. Authorities should use the background check database as a way to find assault weapon purchasers who might not have registered those guns in compliance with the new law.

    A Class D felony calls for a maximum sentence of five years in prison and a $5,000 fine. Even much lesser penalties or probation would mar a heretofore clean record and could adversely affect, say, the ability to have a pistol permit.

    If you want to disobey the law, you should be prepared to face the consequences.

Such shock! Such outrage!

January 24, 2014

President Obama in hot water for not lying about marijuana

Filed under: Health,Politics,USA — Tags: , , , , — Nicholas @ 08:34

Politicians get into trouble for shading the truth, being “economical” with the truth, or just flat-out making shit up. It’s what politicians do. In this case, however, President Obama is taking flak because he didn’t lie:

Prohibitionists were outraged by President Obama’s recent observation that marijuana is safer than alcohol — not because it is not true but because it contradicts the central myth underlying public support for the war on drugs. According to that myth, certain psychoactive substances are so dangerous that they cannot be tolerated, and the government has scientifically identified them. In reality, the distinctions drawn by our drug laws are arbitrary, and marijuana is the clearest illustration of that fact.

“As has been well documented,” Obama told The New Yorker’s David Remnick in an interview published on Sunday, “I smoked pot as a kid, and I view it as a bad habit and a vice, not very different from the cigarettes that I smoked as a young person up through a big chunk of my adult life. I don’t think it is more dangerous than alcohol.” When Remnick pressed him to say whether marijuana is in fact less dangerous than alcohol, the president said yes, “in terms of its impact on the individual consumer.”

Judging from survey data, that is not a very controversial position. According to a recent CNN poll, 87 percent of Americans think marijuana is no more dangerous than alcohol, and 73 percent say it is less dangerous. Yet Obama’s statement does seem inconsistent with his administration’s stubborn defense of marijuana’s placement on Schedule I of the Controlled Substances Act, a category supposedly reserved for drugs with a high abuse potential that have no recognized medical value and cannot be used safely, even under a doctor’s supervision.

[…]

You can see why pot prohibitionists reacted with dismay to Obama’s comment — not because it was false but because it was true. As measured by acute toxicity, accident risk, and the long-term health effects of heavy consumption, marijuana is clearly safer than alcohol. That does not mean smoking pot poses no risks, or that drinking is so dangerous no one should ever do it. It simply means that the risks posed by alcohol are, on the whole, bigger than the risks posed by marijuana. So if our drug laws are supposed to be based on a clear-eyed evaluation of relative risks, some adjustment would seem to be in order.

January 22, 2014

Private prisons – crony capitalist palaces of injustice

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

The United States has seen a vast increase in the number of drug offenders (the majority of them non-violent) and a corresponding increase in the private prison industry. As Wendy McElroy explains, these are not free-market solutions to a government problem: they’re monuments to crony capitalism:

The United States leads the world, by a large margin, in the production of at least one thing: prisoners. We have 25 percent of the world’s inmates, but just 5 percent of the world’s population.

Where do they come from? Well, since the Anti-Drug Abuse Act of 1986, the number of American inmates has risen from approximately 300,000 to a currently estimated 2.3 million. This statistic points to the role of drug-related victimless “crime” in creating prisoners.

There are other sources. The “private prison complex” is a creation of crony capitalism through which privileged corporations are paid well for the “care” of inmates and for leasing out prison labor to other businesses.

Ten percent of American prisons are now “privately” operated, for-profit businesses. Between 1990 and 2010, the number of for-profit prisons rose 1600 percent, far outpacing the growth of public ones or the population at large. The likelihood of being arrested is already higher in America than anywhere else in the world. That likelihood will rise if the financial incentives to imprison more people continue or increase.

[…]

“Private” prisons are run by corporations to which government outsources the care of inmates. The corporation receives X tax dollars for each prisoner, quite apart from the actual cost of care. This builds in an incentive to skimp on services such as food and medical care. And, indeed, most prison contracts include a “low-crime tax” or “lock-up quota.” This system means taxpayers compensate the corporation for empty cells if the number of prisoners falls below a set quota. A recent report, “Criminal: How Lockup Quotas and ‘Low-Crime Taxes’ Guarantee Profits for Private Prison Corporations,” found the average “occupancy guarantee” to be 90 percent; in four states, it is between 95 percent and 100 percent. Thus the “private” prison is guaranteed a tax-funded profit.

[…]

The “private” prison industry is private in the same sense that crony capitalism is capitalist. Namely, not at all. It is the antithesis of a truly private industry that competes in the free market, does not accept tax funds, and cannot compel labor. By contrast, the “private” prisons enjoy a monopoly over a service that is created by laws and sentencing policies. They receive tax money and preferential treatment. They exploit captive labor through circumstances similar to plantation slavery.

November 12, 2013

Contacting the Boston Police public affairs office is now considered “intimidation”

Filed under: Law,Liberty,USA — Tags: , , , , — Nicholas @ 09:34

At Popehat, Ken White discusses the fascinating case of the public affairs office of the Boston Police department as a “victim” of “intimidation” from callers:

The story begins typically for Photography Is Not A Crime with a story about a Boston Police Department sergeant thuggishly assaulting a photographer recording a traffic stop. A PINAC fan and journalism student named Taylor Hardy called the Boston PD’s Bureau of Public Information on its public line to ask about the story. Hardy spoke with Angelene Richardson, a spokesperson for the Boston Police Department who provides information to the media and public. When Hardy published a recording of that call, the Boston Police Department arranged for him to be charged with wiretapping. Hardy claims that he informed Richardson that he was recording the call (though he did not successfully record that part of the conversation), apparently Richardson claims that he did not.

Even assuming that Hardy didn’t disclose that he was recording (and it would be foolish to take the BPD’s word on that), it’s very dubious policy for the government to charge a citizen with a crime for recording a call with a police department’s public information officer on the phone line the department identifies as its public information line. Any such communication can’t possibly be regarded as private. There may be constitutional problems with a wiretapping statute that allows prosecution of a citizen under those circumstances. But the BPP wasn’t done doubling down yet.

When Carlos Miller wrote about the wiretapping charges against Hardy, he encouraged readers to contact Richardson at her BDP telephone number and email address, which the BPD published online:

    Maybe we can call or email Richardson to persuade her to drop the charges against Hardy considering she should assume all her conversations with reporters are on the record unless otherwise stated.

In other words, Miller encouraged his readers to petition the government for a redress of grievances, as protected by the First Amendment.

The BPD has charged Miller with witness intimidation. The BPD also threatened any of Miller’s readers who contact the BPD:

    Detective Nick Moore also assured me he would do the same to any PINAC readers if they continue to contact departmental spokeswoman Angelene Richardson as they have been doing since yesterday.

    “I can go and get warrants for every person who called her,” he said during a telephone conversation earlier this evening. “It’s an annoyance. It’s an act of intimidation.”

Indeed — an act of intimidation is involved. But it’s an act of intimidation by the BPD, which is sending a clear message about how it will handle citizen dissent.

What a accomplishment: the Boston Police Department has discovered a way to make it a crime for citizens to contact the person it designates to talk to citizens.

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