Quotulatiousness

March 30, 2010

Nanny state now working entrapment angle

Filed under: Britain, Bureaucracy, Law — Tags: , , , — Nicholas @ 12:04

They may be able to get methamphetamines with their breakfast cereal, but the nanny state is determined to ensure that they can’t buy goldfish:

Buying a goldfish at a pet shop used to be an innocent childhood pleasure.

But today an elderly pet shop owner told how she was entrapped into selling a goldfish to a 14-year-old schoolboy, then warned she could face jail.

She had breached a law introduced in 2006 which bans selling live fish to anyone under 16.

After a prosecution estimated to have cost taxpayers £20,0000, Joan Higgins, 66, a great-grandmother who has never been in trouble before, has been forced to wear a tag on her ankle like common criminal and given a seven-week curfew.

Her son, Mark, 47 was also handed a fine and ordered to carry out 120 hours unpaid work in the community.

The notorious criminals could face jail time if they’re brought up on similar charges in the future. The courts are doing everything they can to communicate the extreme seriousness of these crimes, and will stop at nothing to stamp out the evil goldfish sellers.

Apparently, the crime syndicate has been in operation for 28 years, concealing their evil, predatory behaviour behind such innocent-seeming activities as volunteering for PDSA (Peoples Dispensary for Sick Animals) and contributing food for the animals. The hardened criminal mastermind has been banned from contact with at-risk individuals like her own great-grandchildren and prevented from attending known criminal hang-outs like bingo halls and Rod Stewart concerts.

H/T to Kathy Shaidle for the link.

March 29, 2010

Don’t talk back to the man, part XLVI

Filed under: Law, Liberty — Tags: , , , — Nicholas @ 17:08

Ken at the Popehat blog has a beef with part of the message in “10 Rules for Dealing with Police” from Flex Your Rights:

See, if your goal is not to be abused, wrongfully arrested, falsely accused, searched without probable cause, or proned out on the pavement because you irritated someone with a gun and a badge, then “don’t be mouthy to a cop” is excellent practical advice. But dammit, we shouldn’t have to give that advice. The concept that you should expect to be abused if you aren’t meek (or, to be more realistic, subservient) in dealing with public servants ought to be abhorrent to a society of free people. Courtesy is admirable, and unnecessary rudeness is not, but rudeness ought not be seen as inviting government employees to break the law. But the reality is that our society largely issues apologias for, not denunciations of, police abuse. The prevailing belief is that claims of abuse are about lawyers or crooks trying to game the system, that people accused of crimes generally committed them, and that cops are heroes of the sort who deserve the benefit of the doubt when their account of a roadside encounter differs from that of a citizen. Our society, for the most part, indulges cops in their expectation that citizens will be subservient. As a result, “don’t talk back to a cop” remains tragically apt practical advice.

Moreover, the truth of it is that many cops will interpret an assertion of your constitutional rights, however politely delivered, as a rude challenge. They are supported in that view by four decades of “law and order” talk that classifies constitutional rights as mere instrumentalities of crime, not as the rules by which we have chosen to live.

Shame on us if we put up with that.

H/T to Radley Balko for the link, who also offers a graphic example of what can happen when you don’t follow the helpful advice in the video:

Last week, a panel from the 9th U.S. Circuit Court of Appeals ruled that three Seattle police officers were justified in using a taser three times on a pregnant woman for resisting arrest. The woman had been pulled over for going 32 mph in a school zone. She insisted it was the car ahead of her that was speeding, and refused to sign the ticket. That’s when they tased her.

The problem is that under Washington law, (a) you aren’t required to sign a traffic ticket, (b) speeding isn’t an arrestable offense, and (c) you can’t be arrested for resisting an unlawful arrest.

So the woman was completely within her rights. Yet asserting those rights got her the business end of a stun gun. Three times. And two of the three federal appellate judges to hear the case see nothing wrong with that.

March 26, 2010

Confusion over Quebec’s anti-burkha moves

Filed under: Cancon, Law, Liberty, Religion — Tags: , , , , — Nicholas @ 10:46

Even in the same newspaper, the conclusions are drawn based on the observer’s preferred worldview, rather than the facts of the case. In the National Post, here’s Barbara Kay’s ringing endorsement for a pro-equality outcome:

Chapeau, le Québec! That means, “Hats off to you, Quebec.”

With the announcement of Bill 94, barring the niqab in publicly funded spaces, Quebec has dared to tread where the other provinces, feet bolted to the floor in politically correct anguish, cannot bring themselves to go.

The new bill will proscribe face cover by anyone employed by the state, or anyone receiving services from the state. That covers all government departments and Crown corporations, and as well hospitals, schools, universities and daycares receiving provincial funding.

I can’t remember a time when Quebecers were more unified on a government initiative.

Also in the National Post, here’s Chris Selley doing his best Inigo Montoya imitation:

I’m not quite sure what Quebec’s new Bill 94 means, but I’m pretty sure it doesn’t mean what Premier Jean Charest and Immigration Minister Yolande James are saying it means.

Here’s Ms. James: “To work in the Quebec public service or to receive the services of the Quebec state, your face has to be uncovered.”

Here’s Mr. Charest: “Two words: Uncovered face. The principle is clear.”

And here’s Bill 94: “The general practice holds that a member of the staff of the administration of government . . . and a person to whom services are being rendered . . . will have their faces uncovered during the rendering of services.”

Huh? General practice? Oh: “When an accommodation involves a change to this practice, it must be refused if motives related to security, communication or identification justify it.”

So there will be accommodations, then? You sure wouldn’t have known it from Wednesday’s news conference.

All that being said, I can’t disagree with the sentiment later in Barbara Kay’s column:

Some of these women may, as in France, have adopted the niqab for ideological purposes (a serious problem in itself), but most niqab-wearing women are virtual prisoners, who have never known, and would be afraid (with reason) to exercise their “freedom of choice.”

For those confused liberals who instinctively hate the niqab but feel guilty about banning it, it will help them if they understand that the burka and niqab are not “worn,” but “borne.” The niqab is not an article of clothing; it is a tent-like piece of cloth supplemental to clothing. Full cover is worn as a reminder to the “bearer” that she is not free, and to remind the observer that the bearer is a possession, something less than a full human being.

Update: The National Post editorial board comes out against the Quebec bill:

Gender equality — a stated goal of Bill 94 — is a noble goal. But the law would go too far, using the state’s power to leverage a campaign of social engineering. As conservatives, we oppose such encroachments on individual liberties. But liberals, too, should understand the stakes at play here: The principle that government has no role in our wardrobes is the same one that excludes it from our bedrooms.

In the short term, the better approach is the one recently embarked upon by several Quebec schools, where administrators have common-sensically resolved the issue of what constitutes “reasonable accommodation” on a case-by-case basis. In the long term, moreover, we are convinced that legislation won’t be necessary at all: Muslim groups themselves increasingly are joining the chorus against the niqab, a welcome development that puts the lie to the notion that Canadian Muslims are uniformly backward in their attitudes toward women.

It would benefit women, Muslims, inter-faith relations and Canadian values alike if this unfortunate practice were extinguished voluntarily by the affected community itself rather than by heavy-handed state edict.

March 25, 2010

QotD: The all-conquering Commerce clause

Filed under: Government, Law, Liberty, Quotations, USA — Tags: , — Nicholas @ 16:50

. . . this kind of argument proves too much, since it means that everything people do or don’t do potentially qualifies as interstate commerce, once you consider substitution effects, secondary and tertiary consequences, and similar behavior by other people. If sleeping with the windows open or failing to purchase an air filter triggers people’s allergies and causes them to “purchase over-the-counter remedies,” it affects interstate commerce. By Balkin’s logic, Congress therefore could pass a law requiring everyone (or maybe just allergy sufferers) to close their windows at night or purchase air filters. Mandatory calisthenics, which would make the population fitter and thereby reduce health care costs, likewise should qualify as regulating interstate commerce, along with myriad other measures aimed at increasing health-promoting behavior or reducing health-compromising behavior: a national bed time, mandatory tooth brushing, a donut ban, a weight tax, etc.

And these are just the possibilities suggested by the government’s interest in health care. Add in the other five-sixths of the economy, and the Commerce Clause swallows pretty much everything, subject to specific limits such as those listed in the Bill of Rights. Hence Congress could not stop us from watching a particular TV show or playing a particular video game (which would violate the First Amendment), but it could prevent us from engaging in such sedentary activities for more than an hour a day in the name of improving our health and boosting our productivity, both of which would have consequences that ripple through the economy and have a cumulative effect on interstate commerce.

Jacob Sullum “Uninsured People Do Things, So They Should Be Punished”, Hit and Run, 2010-03-25

The Belgian version of “asking for it”

Filed under: Europe, Law — Tags: , , — Nicholas @ 00:34

A recent Belgian court decision is remarkable:

The crime victim, a businessman named only as Laurent, had been living in a suburb of Charleroi, in Belgium’s depressed French-speaking southern region of Wallonia.

He moved north after a series of violent attacks and robberies on his family but was taken to a local court because he had not paid back a grant to renovate his house in 1998.

It sounds fair that you’d be expected to repay a grant for renovations if you leave the area without good reason. I’d have said that these incidents would qualify for the “good reason” criterion:

In 2001, the victim was attacked and his BMW car was stolen. Shortly after it was recovered, armed men stormed his home and stole it a second time.

In 2006, his wife and children were threatened by armed raiders, who stormed his home at night and dragged him away in his pyjamas while his horrified family looked on.

He was later freed and dumped on a industrial estate as the thieves made off with another one of his cars, a Jaguar.

It might be questioned how someone who was able to own multiple expensive cars would be able to qualify for this kind of grant, but that’s a separate issue. But maybe not, as the presiding judge implied:

“It is perhaps not sensible to draw attention to oneself by driving a Jaguar and living in a big house, making an ostentatious display of one’s wealth in a poor and damaged region like Charleroi,” said the judge.

The businessman’s lawyer accused the civil court of supporting “hooligans”.

“In Charleroi, you must drive in a Trabant, wear a tracksuit and live in a slum to be safe from criminals and above reproach from judges,” said Clément de Clety

In other words, the judge really does think he was “asking for it”.

March 24, 2010

Using carbon dating to detect fake vintage wines

Filed under: Economics, Law, Technology, Wine — Tags: — Nicholas @ 13:22

Jon, my former virtual landlord, sent me this link on a subject I’ve blogged about before: detecting fakery and fraud in the fine and vintage wine market:

Up to 5% of fine wines are not from the year the label indicates, according to Australian researchers who have carbon dated some top dollar wines.

The team of researchers think “vintage fraud” is widespread, and have come up with a test that uses radioactive carbon isotopes left in the atmosphere by atomic bomb tests last century and a method used to date prehistoric objects to determine what year a wine comes from — its vintage.

[. . .]

“The problem goes beyond ordinary consumers being overcharged for a bottle of expensive wine from a famous winery with a great year listed on the label, that isn’t the right vintage year,” Jones said.

“Connoisseurs collect vintage wines and prices have soared with ‘investment wines’ selling for hundreds of thousands of dollars a case at auction,” he said.

I read Benjamin Wallace’s The Billionaire’s Vinegar which was rather an eye-opener about both the rare wine trade and the potential for fraud in that market (posts here and here). It’s nice to see that technology is coming to the rescue in cases where this kind of fraud is suspected.

March 22, 2010

QotD: American drug warriors will fight to the last Mexican civilian

Filed under: Americas, Law, Liberty, Quotations, USA — Tags: , , , , — Nicholas @ 18:08

The astonishing argument from U.S. drug warriors to the violence in Juárez to this point has been: the bloodshed means we’re winning. Or put another way, “If thousands of Mexican need to die to keep Americans from getting high, by golly I, American drug war official, am willing to step up and make that sacrifice.” Now that a few Americans have been killed too, that argument will get more difficult to make.

But as O’Grady writes, don’t expect that to lead to any common sense changes in policy. To this point, the Obama administration and the leadership in Congress have made it clear that the only acceptable drug policy in Mexico is more militarization, more force, and more American funding and weapons with which to do it. If thousands more Mexicans have to die on the front lines so America’s politicians can make it marginally more difficult for Americans to ingest mind-altering substances, so be it.

Radley Balko, “Mary O’Grady on Mexico’s Drug War”, The Agitator, 2010-03-22

Doubting the story about the runaway Prius

Filed under: Law, Media, Technology — Tags: , , , , — Nicholas @ 07:55

Michael Fumento looks at the public details about the “runaway” Prius:

Now let’s recap just one of my findings in the Forbes.com piece that the CHP report doesn’t deal with because it concerns later events.

The 911 dispatcher, as you can hear on the Web, repeatedly begs Sikes to either stop the engine with the ignition button or put the gear into neutral. Sikes refused to do either, later giving various bizarre reasons. “I was afraid to try to [reach] over there and put it in neutral, he told CNN. “I was holding onto the steering wheel with both hands — 94 miles an hour in a Toyota Prius is fast.”

Yet:

# We know Sikes spent most of the ride with a cell phone in one hand.

# Sikes claimed at a press conference that he reached under the dash and yanked on the floored accelerator. I’m thin with arms the average American length, but fell three inches short. Sikes almost certainly can’t do what he claims, but nobody’s asked him to repeat the motion. In any event, it can hardly be done with both hands on the wheel.

# Finally in the 2008 Prius the shift knob is mounted on the dash expressly to allow shifting by merely reaching out with a finger.

Just what exactly does it take to convince the press?

Personally, I found the timing of the event to be a little too perfect for a certain narrative: exactly as the Toyota CEO was being subjected to the Star Chamber treatment by US lawmakers. A few days before or after that, I might have been willing to believe it was a genuine event, rather than (as it certainly appears now) a staged hoax.

Full disclosure: I’ve owned several Toyota vehicles, currently including my own Tacoma pickup truck and (as of last Wednesday) Elizabeth’s Matrix sedan.

March 19, 2010

QotD: The term “pirate” is too sexy

Filed under: Law, Media, Quotations — Tags: , , — Nicholas @ 23:56

After years of trying to cloud the public mind by calling it “piracy” instead of “unauthorised downloading,” key copyright industry reps are starting to realize that “piracy” actually sounds kind of cool. So now they’re lobbying for the even less intellectually rigorous term “theft,” which describes an entirely different offence, enumerated in an altogether different section of the lawbooks.

This has all the dishonesty of calling everything you don’t like “terrorism” (or as my friend Ian Brown says, it’s like rebranding jaywalking as “road rape”).

Cory Doctorow, “Entertainment industry sours on term ‘pirate’ — too sexy”, BoingBoing, 2010-03-18

March 18, 2010

Adding “ordinary” criminals to the sex offender registry

Filed under: Government, Law, Liberty, USA — Tags: , — Nicholas @ 08:00

The sex offender registry in most jurisdictions doesn’t work — at least, it doesn’t work to deter re-offence and it almost certainly doesn’t work to protect the public. What these registries do quite successfully, however, is to continue punishing the criminals long after they have served their sentences.

People who appear in these registries have a long list of prohibited activities, most frequently requiring them to stay a certain distance from schools (which often means there is little or no choice for where they can live, work, or travel, as the legallly mandated distance exceeds the average distance between schools). Ordinary ex-cons have great difficulty getting employment even in a growing economy, and the situation for identified “sex offenders” is close to impossible.

As a general rule, having your name added to the sex offender registry is as close to a life sentence as possible, but with no hope of parole and no hope of even a semblance of living a normal life.

Georgia apparently thinks this situation is not only fine, but they’d like to add non-sexual offenders to the registry too:

Georgia’s Supreme Court is upholding the government’s right to put non-sex offenders on the state’s sex-offender registry, highlighting a little-noticed (but growing) nationwide practice.

Atlanta criminal defense attorney Ann Marie Fitz estimated that perhaps thousands of convicts convicted of non-sexual crimes have been placed in sex-offender databases. Fitz represents a convict who was charged with false imprisonment when he was 18 for briefly detaining a 17-year-old girl during a soured drug deal. He unsuccessfully challenged his mandatory, lifelong sex-offender listing to the Georgia Supreme Court, which ruled against him Monday.

Under the Adam Walsh Child Protection and Safety Act of 2007, the states are required to have statutes demanding sex-offender registration for those convicted of kidnapping or falsely imprisoning minors. The Georgia court ruled that the plain meaning of “sex offender” was overridden by the state’s law.

If it’s your world view that criminals should never be forgiven for their transgressions, then this sort of deliberate act is understandable. It’s morally indefensible, but it’s understandable.

March 15, 2010

QotD: Process matters

Filed under: Government, Law, Liberty, Politics, Quotations — Tags: , — Nicholas @ 12:50

Libertarians are process people, something that our political opponents find impossible to believe can be real, rather than disingenuous. So when I say that I think Lawrence v. Texas might be the right result morally but the wrong result legally, it must be that I secretly want sodomy to be illegal, or at the very least don’t care. Or when I am troubled by government intervening in the Chrysler bankruptcy process, it’s because I hate unions. And of course, when I am against post-hoc legal judgments against bankers or their bonuses, it’s just because I’m an apologist for rich people.

But to a libertarian, process matters. Having a good process is better than getting a good outcome, because a good process is one that maximizes your chances of getting good outcomes over time.

Megan McArdle, “The Process of Passing Health Care”, The Atlantic, 2009-12-22

March 11, 2010

Food follies: the pinNaCle of idiocy?

Filed under: Bureaucracy, Food, Health, Law — Tags: , , — Nicholas @ 13:15

The food police are after your salt:

Some New York City chefs and restaurant owners are taking aim at a bill introduced in the New York Legislature that, if passed, would ban the use of salt in restaurant cooking.

“No owner or operator of a restaurant in this state shall use salt in any form in the preparation of any food for consumption by customers of such restaurant, including food prepared to be consumed on the premises of such restaurant or off of such premises,” the bill, A. 10129, states in part.

The legislation, which Assemblyman Felix Ortiz, D-Brooklyn, introduced on March 5, would fine restaurants $1,000 for each violation.

I can only assume that Rep. Ortiz has no tastebuds, as the diet he’s prescribing would be bland, bland, bland. There’s also little chance that it’ll be passed into law, but you can consider it a shot across the bows of the restaurant trade . . . or a ranging round for the next salvo.

March 10, 2010

Some things never change

Filed under: Humour, Law, Politics, Technology — Tags: , , , , — Nicholas @ 12:39

I was looking though some old postings and found this little gem, which is as true as ever:

It is a sad real-world fact that most legislators, when presented with something they do not understand, almost always attempt to ban it. This probably started with the first neolithic fire-tamer . . . who was probably beaten to death with sticks when the tribal shaman saw it. Senator Hatch is showing all the finely nuanced reactions of Ug the caveman here.

This was in reaction to Senator Orrin Hatch introducing a bill to make peer-to-peer file sharing illegal back in 2004.

March 9, 2010

Opening the door to arbitrary punishment

Cory Doctorow talks about why the proposed “three strikes” internet ban is such a stupid idea:

If persuasion doesn’t work, raise the taxes

Filed under: Bureaucracy, Food, Law, USA — Tags: , , , — Nicholas @ 07:12

New York City is moving ahead in their war on junk food, with a new proposal to add a significant tax to the sales of carbonated pop:

[Mayor Michael Bloomberg] described the soda tax — equivalent to an extra eight pence on a can — as “a fix that just makes sense”, saving lives and cutting rising health care costs.

“An extra 12 cents on a can of soda would raise nearly $1 billion (£663 million), allowing us to keep community health services open and teachers in the classroom,” he said on his weekly radio programme on Sunday.

“And, at the same time, it would help us fight a major problem plaguing our children: obesity.”

David Paterson, the mayor of New York state, has already proposed a soda tax but it was dropped last year following a public outcry.

H/T to Chris Greaves for the link, who said “Let’s see now, prohibition didn’t work, so let’s try something different!”

Of course, the proposed tax would be very popular in some areas: all the retailers outside NYC who would be able to reap significant additional sales to New Yorkers who didn’t want to pay the sin tax.

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