Quotulatiousness

July 30, 2013

The return of “lawful access”

Filed under: Cancon, Law, Liberty, Media, Technology — Tags: , , , , — Nicholas @ 07:56

Michael Geist on the Canadian implications of some information that was published in a Buzzfeed article about a Utah ISP and the NSA’s installation of a “little black box” in their network:

The article describes how a Foreign Intelligence Service Act (FISA) warrant allowed the NSA to monitor the activities of an ISP subscriber by inserting surveillance equipment directly within the ISP’s network. The experience in Utah appears to have been replicated in many other Internet and technology companies, who face secret court orders to install equipment on their systems.

The U.S. experience should raise some alarm bells in Canada, since the now defeated lawful access bill envisioned similar legal powers. Section 14(4) of the bill provided:

    The Minister may provide the telecommunications service provider with any equipment or other thing that the Minister considers the service provider needs to comply with an order made under this section.

That provision would have given the government the power to decide what specific surveillance equipment must be installed on private ISP and telecom networks by allowing it to simply take over the ISP or telecom network and install its own equipment. This is no small thing: it literally means that law enforcement (including CSIS) would have had the power to ultimately determine not only surveillance capabilities but the surveillance equipment itself.

While Bill C-30 is now dead, the government may be ready resurrect elements of it. Earlier this month, a cyber-bullying report included recommendations that are lifted straight from the lawful access package.

July 26, 2013

BC Premier highlights antiquated inter-provincial trade rules with wine

Filed under: Cancon, Law, Wine — Tags: , , , — Nicholas @ 08:22

The rules governing inter-provincial trade in wine date back to the Prohibition era. BC’s Christy Clark would like to see the rules brought into this century:

British Columbia Premier Christy Clark brought a case of her province’s wine to the heart of Ontario’s vine land.

Clark presented the vintages to her dozen provincial and territorial colleagues in a bid to lower trade barriers.

Even though Ottawa eased interprovincial rules surrounding wine last year, it is still illegal for Ontarians to buy wine in bulk directly from B.C. vineyards.

To get around that, Clark’s six-person entourage brought two bottles apiece to have a full case for the premiers at their annual Council of the Federation gathering.

I linked to an item on this issue by Michael Pinkus earlier this year.

July 24, 2013

In spite of all the overheated rhetoric, there’s good news about race and crime in the US

Filed under: Law, Media, USA — Tags: , , — Nicholas @ 09:58

Radley Balko looks behind the scripted talking points to get at the actual data they’re ignoring:

Civil rights leaders and progressive activists have cited Zimmerman’s acquittal and the proliferation of robust self-defense laws as evidence of a “war on black men” — or, similarly, that it’s now “open season on black men.” Meanwhile, Zimmerman supporters and many on the political right have used the case to bring up old discussions of black-on-black murders in places like Chicago, and to argue that violence in black America is spiraling out of control. Both positions are cynical, and both tend to pit black and white America against one another.

But both are also wrong on the facts.

First, about the alleged “war on black men.” The argument here is that laws like Florida’s “Stand Your Ground” are encouraging white vigilantism, and moving white people to shoot and kill black people at the slightest provocation. But there just isn’t any data to support the contention. Black homicides have been falling since the mid-1990s (as have all homicides). Moreover, according to a 2005 Bureau of Justice Statistics report, more than 90 percent of black murder victims are killed by other black people. And if we look at interracial murder, there are about twice as many black-on-white murders as the other way around, and that ratio has held steady for decades.

However, it also isn’t true that black America is growing increasingly violent. Again, black homicides, like all homicides, are in a steep, 20-year decline. In fact, the rates at which blacks both commit and are victims of homicide have shown sharper declines than those of whites. It’s true that Chicago has had an unusually violent last few years, but this is an anomaly among big American cities. The 2012 murder rate in Washington, D.C., for example, hit a 50-year low. Violent crime in New York and Los Angeles is also falling to levels we haven’t seen in decades.

[…]

To get to the more sensational conclusion, the article considers interracial homicide as a percentage of total homicides. And indeed, measured that way the “rate” of interracial murder has gone up. But it’s an odd way to measure. The vast, vast majority of murders are intraracial. And, as noted, those murders have been dropping considerably. The interracial murder rate has been dropping, too. According to the Scripps Howard review, the raw number of black-on-white and white-on-black murders combined was about the same in 2010 as it was in the early 1980s. But the United States population has grown considerably in that time, from 227 million in 1980, to 315 million today. So if you measure it the way all other crime is measured, the interracial murder rate has dropped, not increased.

July 23, 2013

San Francisco TV station tries using DMCA to hide embarrassing clip

Filed under: Law, Media, USA — Tags: , , , , , — Nicholas @ 09:16

At Wired, David Kravets reports on San Francisco’s KTVU and their attempt to hide the newscast where they “identified” the pilot and crew of Asiana flight 214:

While many of the videos of the segment were still live on Google-owned YouTube, the reason why the Fox affiliate has been demanding their removal doesn’t concern copyright.

“The accidental mistake we made was insensitive and offensive. By now, most people have seen it. At this point, continuing to show the video is also insensitive and offensive, especially to the many in our Asian community who were offended. Consistent with our apology, we are carrying through on our responsibility to minimize the thoughtless repetition of the video by others,” the station’s general manager and vice president, Tom Raponi, told Mediabistro today.

More than 180 were injured and three were killed July 6 when the Boeing 777 slammed on the tarmac.

Under the Digital Millennium Copyright Act, owners of websites where the content is user-generated are obligated to remove copyrighted material at the rights holder’s request, or face the same potential penalties as the uploader. A successful copyright lawsuit carries damages as high as $150,000 per violation.

The rights of the mentally handicapped

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 08:35

In the Washington Post, Theresa Vargas covers the struggles of Margaret Jean “Jenny” Hatch, who is fighting a court case to be allowed to take greater control of her own fate.

It wasn’t her turn to talk, but early on during a hearing that will determine the limits of her independence, Margaret Jean Hatch stood up in a Newport News courtroom and cut the judge off in mid-sentence.

“I don’t need guardianship,” she declared. “I don’t want it.”

“Remove her from the courtroom,” the judge demanded.

“Judge, she’s very upset with this,” the woman’s attorney began.

“Don’t do it,” Hatch pleaded.

Hatch, a diminutive blonde known as “Jenny,” learned to read at the age of 6, has volunteered on political campaigns (always for Republicans) and once, after finding a job she wanted, showed up repeatedly until she got it. She also has Down syndrome, an IQ of 52 and tends to shower affection on strangers as well as friends.

The details of Jenny Hatch’s life have come under scrutiny in a complicated guardianship case that is pitting her wishes against those of her parents and testing the rights of adults with disabilities to choose how they live. The 29-year-old wants to move in with friends and continue the life she had, working at a thrift shop and riding her bike everywhere. Her parents want her to remain in a group home, supervised and protected.

H/T to Tyler Cowen, who writes:

On the basis of what I can glean from this article, I vote for Jenny […]

This is a much-neglected issue, and not just for Down Syndrome individuals. At a time when Edward Snowden, drones, and Gitmo are leading many people to reexamine many civil liberties issues, this one ought to be put on the table as well. It needs its Radley Balko. Ask yourself a simple question: if you don’t require guardianship, and yet have been placed under the legal guardianship of another, practically speaking how strong are your rights? What chances of amendment or redress do you really have and in the meantime how can you represent yourself?

Update, 6 August: The Washington Post reports on the outcome of the case.

In a victory for the rights of adults with disabilities, a judge declared Friday that a 29-year-old woman with Down syndrome can live the life she wants, rejecting a guardianship request from her parents that would have allowed them to keep her in a group home against her will.

The ruling thrilled Jenny Hatch and her supporters, who included some of the country’s most prominent disability advocates.

“Oh my God,” Hatch said over and over again, shedding tears. “I’m so happy to go home today. I deserve it. It’s over. My God, it’s over.”

[…]

Legally, Hatch’s case came down to two questions: Was she an incapacitated adult in need of a guardian, and, if so, who would best serve in that role — her mother and stepfather, or Morris and Talbert?

But for national experts on the rights of people with disabilities, several of whom testified on Hatch’s behalf, the case was about much more. It was about an individual’s right to choose how to live and the government’s progress in providing the help needed to integrate even those with the most profound needs into the community.

In the end, Newport News Circuit Court Judge David F. Pugh said he believed that Hatch, who has an IQ of about 50, needed a guardian to help her make decisions but that he had also taken into account her preferences. He designated Morris and Talbert her temporary guardians for the next year, with the goal of ultimately helping her achieve more independence.

July 22, 2013

When is an “arrest” not really an arrest?

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

Answer: when you try to sue them for false arrest:

The Portland police and City Attorney are making an argument in federal court this month that gives another glimpse into the increasing claims of authority of police in our society. Scott Miller was stopped for jaywalking by Officer Dean Halley in 2010 and admitted that he committed the common violation of pedestrians. The officer however proceeded to handcuff him, tell him “you’re under arrest,” throw him into the back of a cruiser and then drove him a block away. He was in custody for about 30 minutes, but Deputy City Attorney William Manlove is arguing that citizens cannot sue because such acts do not constitute an actual arrest. They are something between a chat and custody, but not an arrest for purposes of legal action.

So, according to Portland, this constitutes just being detained and is effectively beyond any challenge of a citizen. In other words, police can routinely handcuff citizens, lock them in court and even tell them that they are under arrest without being subject to accountability for wrongful arrests.

Deputy City Attorney William Manlove insists that when Miller briefly jaywalked one morning while trying to catch a bus, he could be detained and handcuffed but not treated as an arrested person despite the express statement of the officer. It is an argument that would allow officers virtually unchecked authority in handcuffing citizens and holding them. It is the perfect authoritarian loophole and the city Portland wants to help establish it for future cases.

When Officer Friendly roughs you up, searches your car, and detains you for an indeterminate period of time, in no way does that imply that your rights have been infringed, citizen. Move along … nothing to see here.

July 21, 2013

Sad tale of whiskey theft

Filed under: Law, USA — Tags: , , — Nicholas @ 13:46

It puzzles me why the alleged thief didn’t just sell the stuff and buy (far cheaper) modern booze with the proceeds.

The owner of an historic inn in Pittsburgh has brought charges against a former tenant she says was supposed safeguard 50 bottles of vintage whiskey valued at more than $100,000 but drank it all instead.

The owner of the South Broadway Manor Bed and Breakfast, Patricia Hill, found 104 bottles of Old Farm Pure Rye Whiskey when she bought the historic mansion and converted it into a bed and breakfast. It had originally belonged to Pittsburgh businessman J.P. Brennan.

The whiskey had been distilled in 1912 and given to Brennan in 1918, she told ABC News affiliate WTAE.

“There were four cases, 52 bottles, manufactured by an old distillery here in the Township that went out of business many years ago,” Barry Pritts, chief of police in Scottdale, Pa., said today.

He said the bottles had been made and sold before Prohibition and then passed down.

H/T to Doug Mataconis for the link.

July 20, 2013

UK government inches closer to giving posthumous pardon to Alan Turing

Filed under: Britain, History, Law, WW2 — Tags: , , — Nicholas @ 09:50

In the Guardian, Nicholas Watt updates the news on a private member’s bill that would give Alan Turing a pardon:

Alan Turing, the Enigma codebreaker who took his own life after being convicted of gross indecency under anti-homosexuality legislation, is to be given a posthumous pardon.

The government signalled on Friday that it is prepared to support a backbench bill that would pardon Turing, who died from cyanide poisoning at the age of 41 in 1954 after he was subjected to “chemical castration”.

Lord Ahmad of Wimbledon, a government whip, told peers that the government would table the third reading of the Alan Turing (statutory pardon) bill at the end of October if no amendments are made. “If nobody tables an amendment to this bill, its supporters can be assured that it will have speedy passage to the House of Commons,” Ahmad said.

The announcement marks a change of heart by the government, which declined last year to grant pardons to the 49,000 gay men, now dead, who were convicted under the 1885 Criminal Law Amendment Act. They include Oscar Wilde.

Update: On the other hand, Matt Ridley thinks that there’s a major problem with this approach.

That Turing deserved an apology in his lifetime for this appalling treatment is not in doubt. What will be debated tomorrow is whether a posthumous pardon from today’s Government is right, or may be a further insult to his memory. After all, the word pardon implies that his crime is still a crime, which it is not, and it will do nothing for the victim (especially since he was an atheist), and do nothing to untarnish his reputation, which history has already fully untarnished. Also it could be unfair to other, less famous convicted gay men and may even seem to rewrite history rather than leaving it starkly to reproach us. By rights, Turing should be pardoning the Government, but that’s not possible.

So it is not easy to judge if a pardon is the right thing. For my part, I think a greater matter is at issue — whether we have done enough to recognise Turing’s scientific reputation and how we put that right. It becomes clearer by the day that, irrespective of his tragic end and even of his secret war service, he ranks for the momentous nature of his achievements with the likes of Francis Crick and Albert Einstein in the 20th-century scientific pantheon. This was not just a moderately good scientist made famous by persecution; this was the author of a really big idea.

[…]

When the war broke out, Turing’s genius proved as practical as it had been ethereal in the 1930s. His crucial contributions to three successive computing innovations at Bletchley Park — the “bombe” machines for replicating the settings of the German Enigma encryption machine, the later cracking of the naval Enigma machine enabling U-boat traffic to be read, and finally the Colossus computer that broke the Germans’ “tunny” cipher machine — provided Churchill with the famous “ultra” decrypts that almost certainly shortened the war and saved millions of lives in battlefields, ships and camps.

For this he was appointed OBE, but secrecy shrouded his work until long after his death, so he wasn’t known to be a hero, let alone the man who saved so many lives. He moved to what would become GCHQ, but in the paranoid days after Burgess and Maclean fled east, his homosexuality conviction categorised him as a security risk.

“A man walks down the street in that hat, people know he’s not afraid of anything” – except copyright lawyers

Filed under: Law, Media — Tags: , , , , — Nicholas @ 08:41

At TechHive, Leah Yamshon talks about the fuzzy edge of law in the fan community:

Undying devotion to your favorite TV show can lead to much worse than a sedentary life parked on the couch. For Stephanie Lucas, it threw her right in the middle of an intellectual-property lawsuit: In March she was hit with a cease-and-desist order from 20th Century Fox Television.

Her actionable offense? She was selling a knitted hat inspired by a Fox TV show on Etsy.

Lucas is a member of the Firefly fan community, a group dedicated to Joss Whedon’s short-lived “space western” series that originally aired on Fox. “I’m absolutely in love with this show and its characters,” Lucas says. And thus her shop features one special item dedicated to her fellow Browncoats (a nickname for the Independence fighters in Firefly, and now for the fans themselves).

[…]

The Etsy market is full of unofficial, handmade hats.

The Etsy market is full of unofficial, handmade hats.

Fans who had been knitting these hats for years were now screwed, thanks to Fox’s claim that they broke the law after the official version debuted. But which law?

“Merchandising rights is a monster that has grown without any proper legal backing,” says Madhavi Sunder, a professor of law currently at University of California, Berkeley, with a specialty in intellectual property and culture. “Under traditional copyright law, the exclusive right to make these goods is not there,” she says. The U.S. Supreme Court has made no rulings in regard to merchandising rights, so intellectual-property violations have to be considered on a case-by-case basis.

Intellectual property is protected under both trademark and copyright, but the two concepts are different: Trademark protects names, terms, and symbols used to identify an original work or brand, and copyright protects the creative work itself. According to U.S. copyright law, the only groups with the right to distribute works based on an original creation are copyright holders. So, technically, only the original story creators are allowed to make pieces featuring images and concepts for which they hold the copyright.

July 17, 2013

Nonsense on stilts – Civil libertarians “caused” 9/11, so we have to curtail civil liberties

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 13:02

While some pro-surveillance folks may be content to hint that the world is a far more dangerous place if we don’t let the NSA have access to everyone’s electronic communications, there are others willing to go a lot further:

    And so, when a law enforcement task force of the FBI found out in August of 2001 that al Qaeda had sent two dangerous operatives to the United States, it did … nothing. It was told to stand down; it could not go looking for the two al Qaeda operatives because it was on the wrong side of the wall. I believe that FBI task force would have found the hijackers — who weren’t hiding — and that the attacks could have been stopped if not for a combination of bad judgment by the FISA court (whose minimization rules were later thrown out on appeal) and a climate in which national security concerns were discounted by civil liberties advocates on both sides of the aisle.

Got that? Anyone advocating for basic civil liberties is to blame for 9/11. Holy fuck. This kind of thinking is about as anti-American as I can think of. As we’ve discussed, protecting civil liberties is at the core of the American way of life. “Give me liberty or give me death” is the phrase that Patrick Henry chose, and apparently Stewart Baker believes the American motto should be “you’re all going to die if you fight for civil liberties!” Shameful.

[…]

    Forty years later, though, we’re still finding problems with this experiment. One of them is that law changes slowly while technology changes quickly. That usually means Congress has to change the law frequently to keep up. But in the context of intelligence, it’s often hard to explain why the law needs to be changed, let alone to write meaningful limits on collection without telling our intelligence targets a lot about our collection techniques. A freewheeling and prolonged debate — and does Congress have any other kind? — will give them enough time and knowledge to move their communications away from technologies we’ve mastered and into technologies that thwart us. The result won’t be intelligence under law; it will be law without intelligence.

Basically, shut up with the debate, just let us go back to spying on fucking everyone. If we actually have to “debate” and “protect the Constitution,” some “bad guys” might talk without us knowing about it. And then we’ll all die.

[…]

He then tries to flip the whole thing around and argue that supporters of civil liberties are actually anti-technology, because they’re trying to limit the government’s use of technology. That’s ridiculous, since many of the loudest supporters of civil liberties come from the tech and innovation communities. No one thinks the government shouldn’t make efficient use of technology — but that’s very different from saying it’s okay for the government to either convince or force companies to cough up all sorts of private data on everyone or risk the wrath of the US government. That’s not a fair fight. The government has the power to compel people and companies to do things that they would not do otherwise, though I guess an extreme authoritarian like Baker either doesn’t realize this or doesn’t see it as a problem.

At the end, he makes a bunch of claims about how it’s the US government’s job to “protect” everyone — though I’d like to see where that’s laid out in the Constitution. As mentioned above, he makes some valid points that other countries are just as bad, if not worse, but that’s hardly a compelling argument, because that just allows others to flip it around, and claim that the US has no moral high ground, since it’s ignoring the civil liberties of the public — something that Baker notes he directly supports in this testimony — for some vague and impossible promises of “safety.”

July 16, 2013

The authoritarian wing of the same-sex marriage campaign

Filed under: Law, Liberty, Religion, USA — Tags: , , , , — Nicholas @ 10:28

A. Barton Hinkle wonders if gay couples can live and let live:

It was a great day when the Supreme Court struck down the federal Defense of Marriage Act and threw out a California case that could have undermined gay marriage in the Golden State. On that day, gay and lesbian citizens won something profoundly important: acknowledgment of the right to live as they choose, without interference from others who think they know better.

Now the question is: Will gay and lesbian citizens acknowledge that everybody else has the same right? Some certainly will. But others are challenging the notion – and thereby undermining the case for their own hard-won victory.

David Mullins and Charlie Craig, for instance. The gay Colorado couple have filed a discrimination complaint against the owners of Masterpiece Cakeshop, who declined for religious reasons to make them a wedding cake. The Colorado attorney general’s office has taken their side. So, regrettably, has the ACLU.

And they have company: Similar complaints have been brought against bakeries in Oregon, Indianapolis, and Iowa; a Hawaiian bed-and-breakfast; a Vermont inn; a Washington florist; a Kentucky T-shirt company; and more. As gay marriage gains ground, cases such as these likely will flourish.

As they do, they will lend credence to the otherwise ludicrous assertion by social conservatives that there is a “homosexual agenda.” It will remain absurd to suggest gay people are trying to turn straight people gay. Changing other people’s sexual orientation has always been a conservative project, not a liberal one. But it will cease being absurd to suggest that requests for tolerance are actually demands for approval – and that those who claim to celebrate diversity actually insist upon ideological uniformity.

QotD: American justice

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

The defining characteristic of English law is its distribution of power between prosecutor, judge, and jury. This delicate balance has been utterly corrupted in the United States to the point where today at the federal level there is a conviction rate of over 90 percent — which would impress Mubarak and the House of Saud, if not quite, yet, Kim Jong Un. American prosecutors have an unhealthy and disreputable addiction to what I called, at the conclusion of the trial of my old boss Conrad Black six years ago, “countless counts.” In Conrad’s case, he was charged originally with 17 crimes, three of which were dropped by the opening of the trial and another halfway through, leaving 13 for the jury, nine of which they found the defendant not guilty of, bringing it down to four, one of which the Supreme Court ruled unconstitutional and the remaining three of which they vacated, only to have two of them reinstated by the lower appeals court. In other words, the prosecution lost 88 percent of the case, but the 12 percent they won was enough to destroy Conrad Black’s life.

Multiple charges tend, through sheer weight of numbers, to favor a result in which the jury convict on some and acquit on others and then tell themselves that they’ve reached a “moderate” “compromise” as befits the reasonable persons they assuredly are. It is, of course, not reasonable. Indeed, the notion of a “compromise” between conviction and acquittal is a dagger at the heart of justice. It’s the repugnant “plea bargain” in reverse, but this time to bargain with the jury: Okay, we threw the book at him and it went nowhere, so why don’t we all agree to settle? In Sanford, the state’s second closing “argument” to the strange, shrunken semi-jury of strikingly unrepresentative peers — facts, shmacts, who really knows? vote with your hearts — brilliantly dispenses with the need for a “case” at all.

Mark Steyn, “A Dagger at the Heart of Justice”, National Review, 2013-07-15

July 14, 2013

The Zimmerman trial

Filed under: Law, Media, USA — Tags: , , , , — Nicholas @ 10:21

I haven’t written anything about the Zimmerman trial in Florida, and (I just checked) haven’t linked to anything about it either. I don’t watch TV, so I managed to avoid the round-the-clock coverage on US networks, too. As a result, I’m less surprised at the jury’s decision than a lot of people seem to be. For my fellow (in this case) low-information readers, Doug Mataconis wraps up the trial:

… I really don’t see the kind of instant trial analysis that was occurring on each of the cable networks covering the case to be of any value. Indeed, I think that kind of analysis tends to cloud the way that viewers see the case because, unlike the jurors, they are being exposed not just to what unfolds when the camera shows witness testimony but also what they analysts, both pro-defense and pro-prosecution, are telling them. The feeling was reinforced as I watched this case being discussed on social media over the past three weeks and it became apparent to me that many people had already made up their minds about Zimmerman’s guilt or innocence and were viewing the case accordingly. Rulings that Judge Debra Nelson, the presiding Judge, made that were in favor of one side or the others were viewed as being part of some conspiracy. Even when she denied the Defense’s Motion for Judgment of Acquittal at the end of the State’s case, something that happens in pretty much every criminal case given that Judges are loathe to take a case out of a jury’s hands unless there’s simply no evidence to support guilt, it was seen by Zimmerman supporters as a sign that he was the victim of a judicial set-up.

Now, while I didn’t watch all of the trial, I have watched portions of it, and read about day-to-day events elsewhere to form some basic impressions. Based on that, I’ve got to say that I don’t find this outcome surprising. From the beginning, my general impression was that the prosecution’s case was weak, especially for 2nd Degree Murder, which I never thought was an appropriate charge to begin with since they never seemed to be able to prove the intent element of that crime. Indeed, several of the witnesses that the State called, from police investigators to at least two of the neighbors that acted in response to signs of a struggle outside their homes that fateful night, seemed to be more helpful to Zimmerman’s self-defense claim than they were to establishing the elements of either the primary charge of 2nd Degree Murder or the lesser included offense of Manslaughter. Additionally, the prosecutors chose to put into evidence several statements that Zimmerman had voluntarily given to the Sanford Police Department about the incident that night, including a video he participated in the day after the incident in which he walked through his version of what happened the night before with investigating detectives. While there were some minor inconsistencies between several of these statements, none of those inconsistencies seemed extreme enough to doubt his credibility and all of them were consistent with the basic outline of his story that Martin attacked him first, they ended up on the ground with Martin punching him, and that he only ended up shooting Martin when he thought his life was in jeopardy. Additionally, several of the State’s witnesses just seemed to hurt their case — including their so-called “star” witness Rachel Jeantel, who was on the phone with Martin moments before his encounter with Zimmerman, and Medical Examiner Shiping Bao, whose testimony came across very badly compared to the expert that the Defense had hired, Dr. Vincent Di Maio, a nationally recognized pathologist.

In the end, as always, it was the state’s burden to prove that George Zimmerman was guilty of the charges against him beyond a reasonable doubt. By the time the case came to an end, there seemed to be a general consensus among observers that they had not done so, most certainly not with regard to 2nd Degree Murder and that the odds of getting a Manslaughter conviction seemed to slip away as well. Although I had assumed for a long time that Zimmerman would have to take the stand in his defense in order to fully be able to relate the self-defense theory to the jury, that proved to not be necessary are at all thanks largely to the fact that the prosecution had put all of Zimmerman’s previous statements to law enforcement into evidence. So, it was no surprise when he told the Judge shortly before the defense rested that he would not be testifying. There really wasn’t any need for him to do so and, in terms of the risks of cross-examination, the risks were far too great. Instead, his attorneys put on a defense that poked holes in the remaining parts of the state’s case. Additionally, while both sides put on strong closing statements, defense attorney Mark O’Mara’s was a tutorial in the touchstone of criminal defense attorneys, reasonable doubt, and it was obviously enough to convince the jury. Adding all of that together, we had a case where the state simply failed to meet its burden notwithstanding being represented by a trio of attorneys who were quite skilled, and quite passionate in presentation of the case the were given.

Update: An actual Florida lawyer asks for the media to do a few simple things:

3. HLN, get rid of Nancy Grace and Jane Velez-Mitchell. They are not legal commentators helping the public understand our important, essential, and treasured criminal justice system. Neither are many of their guests who should never be asked back. There are 95,000 lawyers in Florida, there is no reason a lawyer from another state who doesn’t know Florida law needs to be on daily telling everyone “I don’t practice in Florida, I don’t know Florida law” just because they can yell. Their daily display of drama may be what you believe to be the “First Amendment,” but it is also pathetic, and making people dumber and angrier.

4. CNN needs to send Sonny Hostin and Gloria Allred packing. First of all Piers Morgan, this is a criminal trial in Florida. Why is the only guest you continue to have on is someone from California that doesn’t practice criminal law and is known for representing, at press conferences, women victims? What could she possibly have to offer about this case?

And CNN, especially Anderson Cooper, get rid of Sonny Hostin. This woman was a prosecution shill from the beginning of this trial, struggling to say anything positive about the defense. Last night, after the verdict, she said “justice took the day off.” She wasn’t there to provide commentary, she was shilling for the state. She should have disclosed from the beginning that she desperately wanted a conviction, that way it would have been easier to listen to her biased commentary. She’s terrible and should never be asked to appear in the media again when there is an important trial.

5. The media, especially TV, needs to start vetting their guests. I know these are lawyers with agents, but they’ve never been in a criminal courtroom, or at least not since they spent a year as a prosecutor in 1978. Can you not find lawyers that actually know what they are talking about? Piers Morgan is asking Gloria Allred what she would do in opening in the Zimmerman case? I have a better question, Gloria, when is the last time you gave an opening statement, in any case?

July 13, 2013

Same Sex Marriage in America: What Now?

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:20

The Supreme Court’s decisions on same sex marriage are just the beginning of a long process of determining what roles marriage will play in the legal environment of states and the country. Walter Olson and Ilya Shapiro detail some of the implications of the rulings.

July 11, 2013

Police militarization at a faster pace

Filed under: Government, Law, USA — Tags: , , , , — Nicholas @ 10:05

Radley Balko on seven ways the Obama administration has enabled further militarization of the police:

There were signs that President Barack Obama might rein in the mass militarization of America’s police forces after he won the White House. Policing is primarily a local issue, overseen by local authorities. But beginning in the late 1960s with President Richard Nixon, the federal government began instituting policies that gave federal authorities more power to fight the drug trade, and to lure state and local policymakers into the anti-crime agenda of the administration in charge. These policies got a boost during Ronald Reagan’s presidency, and then another during President Bill Clinton’s years. Under President George W. Bush, all of those anti-drug policies continued, but were supplemented by new war on terrorism endeavors — yet more efforts to make America’s cops look, act and fight like soldiers.

But Obama might have been different. This, after all, was the man who, as a candidate for the U.S. Senate in 2004, declared the war on drugs an utter failure. As Reason magazine’s Jacob Sullum wrote in a 2011 critique of Obama’s drug policy:

    Obama stood apart from hard-line prohibitionists even when he began running for president. In 2007 and 2008, he bemoaned America’s high incarceration rate, warned that the racially disproportionate impact of drug prohibition undermines legal equality, advocated a “public health” approach to drugs emphasizing treatment and training instead of prison, repeatedly indicated that he would take a more tolerant position regarding medical marijuana than George W. Bush, and criticized the Bush administration for twisting science to support policy — a tendency that is nowhere more blatant than in the government’s arbitrary distinctions among psychoactive substances.

Indeed, in his first interview after taking office, Obama’s drug czar, Gil Kerlikowske, said that the administration would be toning down the martial rhetoric that had dominated federal drug policy since the Nixon years. “Regardless of how you try to explain to people it’s a ‘war on drugs’ or a ‘war on a product,’ people see a war as a war on them,” Kerlikowske told The Wall Street Journal. “We’re not at war with people in this country.”

This was an notable break from previous administrations. Rhetoric does matter, and for a generation in the U.S., cops had incessantly been told that they were in a war with drug offenders — this, in a country where about half the adult population admits to having smoked marijuana.

Unfortunately, while not insignificant, the change in rhetoric has largely been only that. The Obama administration may no longer call it a “war,” but there’s no question that the White House is continuing to fight one. Here’s a quick rundown of where and how Obama’s policies have perpetuated the garrison state

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