Quotulatiousness

July 16, 2014

New Zealand is considering breaking new legal ground in rape cases

Filed under: Law, Liberty — Tags: , , — Nicholas @ 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.

Rolling Stone is your top source for reliable, informative gun news

Filed under: Media, Technology, USA, Weapons — Tags: , , — Nicholas @ 08:10

The folks at Rolling Stone are concerned for your safety, so they’ve helpfully put together a primer on the five “most dangerous” guns in America. Because they love you, America:

Rolling Stone dangerous guns 3

Yes, we’re apparently talking about grenade launchers here. I didn’t even know grenade launchers were available to civilians. Awesome!

Rolling Stone dangerous guns 5

Wait, “the explosive that creates the energy to fire the gun occurs in the fixed shell of a shotgun rather than the metallic cartridge of a rifle”. Why would I expect the charge that propels the shot out of a shotgun to be ignited in a rifle cartridge? Is this some sort of magic that allows you to fire a different weapon than the one you’re holding? No wonder Rolling Stone thinks this is such a dangerous weapon!

H/T to Charles C. W. Cooke for the link.

Consistency in US foreign policy

Filed under: Government, Middle East, USA — Tags: , , , , — Nicholas @ 07:53

Nick Gillespie on why the shift from Bush-era policies in the Middle East and elsewhere to Obama-era policies wasn’t so much a shift as a continuation:

Obama’s foreign policy certainly hasn’t lacked for the use of force. It has, however, lacked for successes, as became clear during an unintentionally hilarious yet telling State Department press conference in May. State’s Jen Psaki said that, in her view, “the president doesn’t give himself enough credit for what he’s done around the world.”

“Credit for what?” one reporter interrupted. “I’m sorry, credit for what?” The others in the room started laughing.

Around the same time, NBC’s Richard Engel, who is not known as a staunch critic for the administration, was asked to name a few countries with which relations have improved under Obama. His reply? “I think you would be hard pressed to find that…I think the reason is our allies have become confused.”

First under Bush and now under Obama, the one constant in American foreign policy is a lack of any conceivable constraint on whatever the president deems expedient at any moment in time. This is disastrous, especially when it comes to military and covert actions, because it precludes any serious public discussion and prioritization.

That’s not just bad for the U.S. It’s also bad for our allies, who have no framework by which to structure their own actions and expectations. The president is allowed to both declare red lines and then to ignore them when they are crossed, to dispatch troops or planes or supplies according to whim. In all of this, Obama in no way represents a break from Bush, but perfect continuity.

As The Daily Beast’s Eli Lake wrote for Reason back in 2010, the roots of this particularly strident new sense of imperial power can be traced back to the authorization of use of military force (AUMF) signed into law just a few days after the 9/11 attacks.

“Just as President Bush said the 9/14 resolution gave him the wartime powers to detain, interrogate, capture, and kill terrorists all over the world,” wrote Lake, “so too does President Obama.” Until recently — and because of pushback from characters such as Rand Paul, his fellow Republican Sen. Mike Lee, and Democratic Sen. Ron Wyden — Congress has been especially deferential to all aspects of executive power when it comes to foreign policy and war-making.

The results are plain to see in the still-smoldering battlefields across the globe and the rapidly deteriorating situations in places as different as Ukraine, Egypt, and even the U.S. border with Mexico. When the executive branch has carte blanche to act however it wants, it can’t act effectively.

Free speech is so valuable that we need to designate special zones to contain it

Filed under: Bureaucracy, Liberty, USA — Tags: , , , , — Nicholas @ 07:34

Virginia Postrel on the (insane) view that colleges and universities need to create special free speech zones — and to actively censor students and teachers outside those boundaries:

The vague bans on “offensive” language and other “politically correct” measures that most people think of when they imagine college speech codes are increasingly being joined by quarantine policies that restrict all student speech, regardless of its content.

Speech-zone rules require students to ask permission to do such things as hand out leaflets, collect petition signatures, or give speeches; demand that students apply days or weeks in advance; and corral their activities in tiny areas of the campus, often away from the main pathways and quads. The rules aren’t about noise or crowds. They aren’t about disrupting classes. They’re about what you can do in public outdoor areas, and they apply even to just one or two people engaged in unobtrusive activities. They significantly infringe on students’ constitutionally protected speech.

But judging from some of the public response to the Citrus College case, a lot of people think that’s just fine. Debating national security issues, they seem to think, has no place at state colleges.

“The creation of the free-speech zones, and the enforcement of sound-level ordinances, was not to prevent free speech, but give religious or political speech a time, place, and manner that would allow speakers to address their messages to audiences on campuses without disrupting the other fundamental functions of the institutions,” wrote a retired physics professor commenting on a Chronicle of Higher Education report.

“Isn’t an institution of higher education’s primary function … the education/learning and safety of its students? Anything that is considered distracting or obstructive of the primary goals has to be managed. If some students disagree, they are welcome to attend a different college,” wrote a commenter on a public-radio discussion of the case. Another declared: “I welcome the free speech zones. On some campuses in California, you cannot walk from a classroom to the library without being bombarded by propaganda.”

A campus, in this view, should be like a shopping mall. If you’re going about your business, you shouldn’t be bothered by pamphleteers and petitioners. You should be protected against sermons and political rants. Confining controversial speech to a small area is no different from telling the guy selling sunglasses that he’s got to rent a kiosk.

QotD: Runnymede

Filed under: History, Quotations — Tags: , , — Nicholas @ 00:01

We went over to Magna Charta Island, and had a look at the stone which stands in the cottage there and on which the great Charter is said to have been signed; though, as to whether it really was signed there, or, as some say, on the other bank at “Runningmede,” I decline to commit myself. As far as my own personal opinion goes, however, I am inclined to give weight to the popular island theory. Certainly, had I been one of the Barons, at the time, I should have strongly urged upon my comrades the advisability of our getting such a slippery customer as King John on to the island, where there was less chance of surprises and tricks.

Jerome K. Jerome, Three Men in a Boat (to say nothing of the dog), 1889.

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