Quotulatiousness

July 3, 2013

Kathy Shaidle’s “Dispatch from Canada”

Filed under: Cancon, Economics, USA — Tags: , , , , , — Nicholas @ 09:21

Kathy will be writing a weekly column for our American friends, updating them with whatever’s up here in the Great White North. Given how little actually ever happens in Canada, it might be just a weather report or the latest style change for Justin Trudeau’s hair. However, to start it off, yesterday’s column attempted to correct a few common notions about Canada:

Because a lot of what you think you know about Canada is probably decades out of date.

As investment bigwig and journalist Theo Caldwell recently noted:

    But Canada is far from American stereotypes of socialism, centralization and obeisance, at least in relative terms. By almost any measure, Canada is a freer country than the U.S.A.

    Economically, the contrast is stark, for those who care to see. While folks reflexively state that Canadian taxes are higher than those of the United States, corporate and personal rates are lower up north.

How much lower are those corporate taxes? Canada ranks 6th lowest out of 185 nations. America came in at a shocking 69th place.

Believe it or not, Canada’s average household net worth is higher than America’s.

We also have lower unemployment, and our economy is holding steady, thanks in part to our ingenious refusal to give mortgages to welfare bums.

We have fewer divorces, fewer traffic fatalities, and way fewer tornadoes.

We’re skinnier, too. (Seriously: your restaurant portions are freakishly huge.)

But what about “the American Dream”?

According to one (Canadian) economist, “a son born to a poor father in the U.S. is twice as likely to remain poor throughout his life than if he had been born in Canada.”

[. . .]

We’ve got our flaws too, of course.

We literally have no abortion law, which means it’s easier to get one than a gun, even at the nine-month mark.

There’s no death penalty. And try getting an MRI, unless you’re a cat.

Our cops are increasingly corrupt, if not downright fascist. (Don’t be fooled by the propaganda about the noble, virtuous Mountie…)

We have this unelected Senate thing (long story) and a dorky constitution, especially compared to yours.

And don’t get me started on Quebec.

The most blatant display of “one law for the rich, one law for the poor”

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 07:54

Reason‘s Mike Riggs points out the most amazing part of the Aaron Hernandez case:

Let me paint the scene for you: It’s broad daylight out. A group of six Massachusetts State Police officers in suits and ties approach Hernandez’s North Attleborough mansion from the front. Three of them walk up the steps of his porch, and — with their guns holstered — knock on the door. After roughly 50 seconds of knocking and doorbell-ringing, a shirtless Hernandez opens the door and lets six suited staties, plus a cop in uniform, come inside. As one officer starts to cuff Hernandez right there in the foyer, another officer closes the door, presumably to provide Hernandez with some privacy. A few seconds later, Hernandez — now with a tee-shirt pulled over his handcuffed arms and torso — is led outside to a cop car, where officers gently lower him into the back seat and put on his seatbelt.

No battering ram. No flashbangs. No paramilitary gear. I was shocked.

Compare and contrast this arrest — for homicide — with this arrest first reported by Radley Balko:

In 2011, a SWAT team conducted a midnight raid on Stamps’ home in Framingham looking for a couple of small-time crack dealers. In the chaos and cloud of adrenaline that results from knocking down someone’s door and flooding his home with men dressed like soldiers, an officer shot Stamps in the neck, killing him. The city’s chief of police would later say that Stamps was “tragically and fatally struck by a bullet which was discharged from a SWAT officer’s rifle”; as if guns fire themselves.

When police eventually found who they were looking for — not Stamps, but his stepson and the stepson’s cousin — neither of them was armed. Nor did police find any firearms in the house.

It almost sounds backwards, doesn’t it? Killing an unarmed senior citizen in the process of arresting two unarmed kids holding a couple hundred bucks and some crack, while sending guys in their Sunday best to bring in a man allegedly involved in not just one violent, gang-related murder, but three?

[. . .]

This trend isn’t limited to Massachusetts. Across the country, poor people experience an entirely different criminal justice system — from arrest to prosecution — than the wealthy. Oftentimes, this means blacks are treated more harshly than whites and that the people who sell illegal drugs for money are treated differently than bankers who launder that money.

While football fans are free to care about whatever they want, the most shocking aspect of the Hernandez case isn’t that an incredible athlete killed anywhere from one to three people, it’s that the location of his home and the name of his employer bought him courtesies that poor, nonviolent offenders committing consensual crimes seldom experience.

Update: The Hernandez case gets even more weird:

Investigators in the Aaron Hernandez murder case were prepared to interview a Bristol man who was killed early Sunday when he crashed a car registered to his father-in-law, the former New England Patriot tight end’s uncle.

Multiple law enforcement sources said Massachusetts investigators were interested in speaking with Thaddeus Singleton III, 33, because he was associated with Hernandez. Singleton, who records show has served time in state prisons on various drug-related convictions dating to the mid-1990s, was killed when the car he was driving shot 100 feet through the air and hit the Farmington Country Club 6 feet off the ground.

Maybe this is something new in Nissan automotive technology, but it’s a rare vehicle that can shoot 100 feet through the air and impact a building six feet up? Impressive.

July 2, 2013

Reason.tv – Up in My Grill: 4th of July Rap (featuring Remy)

Filed under: Government, Humour, USA — Tags: , , — Nicholas @ 14:18

Ain’t no party like a nanny state party.

Song written and performed by Remy. Video produced by Meredith Bragg. About 1:20 minutes.

June 30, 2013

The Observer has an embarrassing day

Filed under: Britain, Media, USA — Tags: , , , — Nicholas @ 10:56

In his Forbes column, Tim Worstall gleefully recounts the steps in a publishing cock-up by The Observer:

It looks like The Guardian/Observer* has managed to get itself mightily stung over a revelation about PRISM and the NSA. Which is all very amusing given the paper’s part in the Glenn Greenwald/Edward Snowden revelations. But what turns it into an absolute joy is that, while the news originally came from someone with, hmm, rather “out there” views, the actual information itself seems to be roughly true. And yet they’ve still taken the piece down.

The story starts here, at a site called The Privacy Surgeon. The site does an interview with an ex-NSA guy called Wayne Madsen. In which he claims that there are various European and other countries that cooperate with the NSA in the collection and then dissemination of information picked up from the monitoring of communications.

[. . .]

So, The Guardian/Observer has published a piece using allegations made by someone we’d already be predisposed to think of as being less than entirely correct in his descriptions of the real world. And, as a result, they’ve taken the piece down:

    This article has been taken down pending an investigation.

So far so good, just as in any other walk of life you think you’ve made a mistake you try to correct it. Just as Mother always told you you should. The slightly unfortunate thing is that the Sunday papers in the UK print quite early on the Saturday evening. Thus we get this front page of the physical paper:

Observer front page 20130630

The paper is now running as its front page a story that it has already retracted online. This is something of an “Ooops!” moment and as such one to be treasured as an example of the fallibility of both human beings and organisations that contain them.

However, the story really gets even better than this.

Steps towards a police state

Filed under: Government, Liberty, Media, USA — Tags: , , , , , , — Nicholas @ 10:38

Rick Falkvinge thinks that the United States is at the point of no return as far as civil liberties are concerned:

While this may seem a trivial observation, it is critical in this context: people tend to be focused on what affects them in the here and now. While some people can connect the dots and follow the line with their eyes into the future, the vast majority of people don’t bother with something that doesn’t affect them directly, personally, and in the present. In 1932, families were still skating in the park in Berlin on weekends. All that nasty stuff was theoretical, rumored, and somewhere else. People who look ahead and try to sound the alarm bell tend to be regarded as tinfoil hats, eccentric, and nuts.

One of the first things that happens past the point of no return into a police state is the persecution of reporters. As a society is closing down, those persecuted first are those with the audience and an interest in reporting the worrying trends that society seems to be closing. This is the proverbial canary in the coal mine. This is the alarm bell. Once that happens, get out of the mine.

An event horizon is a term from astrophysics. It is the edge of a black hole – so the event horizon appears like a black sphere, if you like. Nothing, not even light, can escape from within the event horizon – hence the term black hole. But if you were traveling through space, in direction of the black hole (which may be as large as an entire solar system), then you would notice absolutely nothing as you crossed the event horizon. You would pass a point of no return, and register not a single thing while doing so. The analogy is depressingly apt.

I’ve written before that I believe that the U.S. is lost to encroaching totalitarianism, which it will likely endure for a number of years before it collapses under its own weight (as all empires do sooner or later). With Edward Snowden being hunted relentlessly across the globe for leaking evidence of systematic abuse of power, Glenn Greenwald – who published Snowden’s leaks – was recently criticized for aiding and abetting the leak itself. This is a key choice of words, for aiding and abetting a crime is itself a crime – the wording suggested that the reporter who published evidence of abuse of power is himself a criminal.

June 29, 2013

1948 and the “Black Friday” of cryptanalysis

Filed under: Books, History, Technology, USA — Tags: , , , — Nicholas @ 09:05

In Salon, Andrew Leonard looks at the early years of the NSA:

On Oct. 29, 1948, the Soviet Union suddenly changed all its ciphers and codes. What later became known as “Black Friday” delivered a huge shock to the two U.S. intelligence agencies that had conducted the bulk of American code-breaking efforts during World War II and its immediate aftermath. Before Black Friday, the Army’s SIS and the Navy’s OP-20-G complacently assumed that they had acquired the keys to most of the world’s encrypted communications. But with a flip of the switch the U.S. was once again in the dark — just as the Cold War was heating up.

“One of the gravest crises in the history of American cryptanalysis,” writes historian Colin Burke, led directly to the 1949 merging of the SIS and OP-20-G into the Armed Forces Security Agency. Three years later, another bureaucratic shuffle transformed the AFSA into the National Security Agency. A sense of panic induced by the “Soviets’ A-Bomb, the Berlin Blockade, the forming of the satellite bloc in Eastern Europe, the fall of China, and the Korean War” — all of which “were not predicted” by the intelligence agencies — encouraged the U.S. government to authorize the NSA to spend tens of millions of dollars on computer research, in the hope that technological advances would help crack the new Soviet codes.

Colin Burke is the author of It Wasn’t All Magic: The Early Struggle to Automate Cryptanalysis, 1930s-1960s. Burke completed his history in 1994, but until last week, his volume of crypto-geekery had only a handful of readers. Part of a series produced by the NSA’s Center for Cryptological History, It Wasn’t All Magic was considered classified material until May 2013, and was only made available online on June 24.

Nice timing! With the NSA currently occupying its highest public profile in living memory, a look back at its early history is quite instructive. It is useful to be reminded that the mandate to spy and surveil and break codes was absolutely critical to the early growth and evolution of computer technology. Some things never change: The immense effort required to crack German and Japanese codes during World War II are an early example of the intimidating challenges posed by what we now call “big data.”

It’s actually quite surprising that it took the Soviets until 1948 to change their codes: from 1942 or so, Britain and the US were sharing their Enigma decryptions of top-secret German messages with the Soviet Union. Even if the information was provided without the original text, the Soviets were fully aware that this was the fruit of decryption, not human spy reports. At the end of World War 2, that Anglo-American expertise would obviously have been redeployed to other ends … and reading Soviet message traffic clearly would be one of the more interesting sources of data.

June 28, 2013

Ecuador responds to US diplomatic pressure by abandoning trade agreement

Filed under: Americas, Politics, USA — Tags: , , , — Nicholas @ 08:17

This is either political grandstanding for foreign audiences or a shrewd attempt to gain some positive domestic points:

One of the points that many people have made concerning most countries in the world is that they’re loathe to challenge the US on many things, even when they’re in the right, because they’re so reliant on the US for trade. The US regularly lords this fact over countries in seeking to get its way. In fact, US officials had been very strongly suggesting to Ecuador that if it decides to take in Ed Snowden and grant him asylum, that there could be consequences for trade under the Andean Trade Preference Act that both countries are signed to, but which needs to be renewed next month. Specifically, US politicians suggested that they might not allow the renewal if Ecuador granted asylum.

In response, Ecuador has taken a stand: saying that it’s breaking the trade agreement upfront as it doesn’t appreciate the attempt by the US to blackmail it in this matter.

[. . .]

As the article notes, some of this is surely political. It is a bit of a populist move by the government, and many suspected that the trade agreement was unlikely to be renewed anyway by the US, so in some ways this is an attempt to get out in front of that story and pull something of a “you can’t fire me, I quit!” move. Still, it highlights, once again, the way the US bullies smaller countries, and how that can backfire.

June 27, 2013

Progress and regress in the pursuit of care for the mentally ill

Filed under: Government, Health, History, USA — Tags: , , — Nicholas @ 13:32

In City Journal, James Panero looks at the history of treatment of the mentally ill in America:

If it’s true that “men moralise among ruins,” as Benjamin Disraeli wrote, the ruins of America’s nineteenth-century mental institutions should invite some serious reflection. Built between 1850 and 1900, these crumbling edifices speak to our onetime dedication to caring for the mentally ill. Almost all were designed on the Kirkbride Plan, named for Pennsylvania physician Thomas Story Kirkbride, author of an influential treatise on the role of architecture and landscape in treating mental disorders. Even in their dilapidated state, it’s possible to see how the buildings, which followed a method of care called the “moral treatment,” gave the mentally ill a calming refuge from the gutters, jails, and almshouses that had been the default custodians of society’s “lunatics.”

Unfortunately, in the middle of the twentieth century, as asylums became grossly overcrowded and invasive treatments aroused public concern, the moral treatment came to seem immoral. The eventual result was the process known as deinstitutionalization, which steadily ejected patients from the asylums. Instead of liberating the mentally ill, however, deinstitutionalization left them — like the asylums that once sheltered them — in ruins. Many of today’s mentally ill have returned to pre-Kirkbride conditions and live on society’s margins, either sleeping on the streets or drifting among prisons, jails, welfare hotels, and outpatient facilities. As their diseases go untreated, they do significant harm to themselves and their families. Some go further, terrorizing communities with disorder and violence. Our failure to care for them recalls the inhumane era that preceded the rise of the state institutions. The time has come for new facilities and a new moral treatment.

[. . .]

At a time when the medical science of mental illness was in its infancy, the Kirkbride Plan created alternative, protected worlds for patients. It echoed many of today’s more holistic approaches to treatment by encouraging patients to participate in social activities, games, and crafts. Kirkbride institutions often sported their own baseball diamonds, golf courses, bakeries, bowling alleys, ice cream shops, dairy farms, gardens, and stages for plays and other performances.

But in the twentieth century, a shadow fell over the Kirkbride asylums, as doctors there began using more invasive procedures. The Austrian psychiatrist Manfred Sakel introduced insulin shock therapy, now known as insulin coma therapy, in the 1930s. Electroshock therapy arrived from Italy soon after. Both treatments induced seizures to alter brain chemistry in patients with depression and schizophrenia. In 1949, the Portuguese neuropsychiatrist Egas Moniz won a Nobel Prize for developing the frontal lobotomy, which he had invented in 1935. Walter Freeman, a clinical neurologist in Washington, D.C., further popularized the treatment through his own outpatient procedure, which came to be known as the transorbital, or “ice-pick,” lobotomy.

June 26, 2013

Buh-bye, DOMA

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 12:59

I was away from my computer for about an hour this morning and when I came back online, my Twitter feed had exploded with news and opinion links about the US Supreme Court striking down the Defence of Marriage Act. While I’m delighted with the result (check my posts tagged Same Sex Marriage if you’re curious), it’s interesting to watch the reactions on all sides of the issue.

June 25, 2013

“You cannot have a functioning democratic republic when the laws are so voluminous no one can know what the law is”

Filed under: Law, Liberty, Politics, USA — Tags: , , , — Nicholas @ 08:28

I really did think they were kidding about needing to pass the law to be able to find out what was in it, but this appears to be the way US laws are made nowadays:

When a bill is amended in a sneaky manner, as this one has been, no responsible senator could just read 100 new pages. The amendments are interspersed thoughout the bill — it’s not like you could sit and read them as a unit, even if you had the time. Since the proponents are clearly trying to pull a fast one, prudence, as Senator Cruz pointed out, would dictate rereading every line of text, old and new, to search for insertions — and, indeed, news reports indicate that numerous new buy-offs and pot-sweeteners have been inserted.

But there is a larger point: no “important legislation” should be 100 pages long, much less 1,200 (or the even more mind-boggling girth of monstrosities like Obamacare). The United States Constitution is about 4,500 words long — outfits like Cato and Heritage publish it in small pamphlets that can be read in a few minutes. Nowadays, not only are the bills so gargantuan that no one could conceivably master them and predict their consequences; each page produces even more pages of regulations. They can’t even be lifted, much less digested.

You cannot have a functioning democratic republic when the laws are so voluminous no one can know what the law is. And that is especially the case when (a) the rationale for passing new laws — according to “reform” proponents like Senator Marco Rubio and Rep. Paul Ryan — is that we don’t enforce the laws currently on the books; (b) key parts of legislation consist of commitments to do what previously enacted law already commands; and (c) the president, notwithstanding his oath to take care that the laws are faithfully executed, claims the power to refrain from enforcing whatever laws he disapproves of. Washington has made a farce of the legislative process and of the once proud boast that we are ”a nation of laws not men.”

June 24, 2013

Read an excerpt from Rise of the Warrior Cop by Radley Balko

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

There is an excerpt from the book Rise of the Warrior Cop in the July issue of the ABA Journal:

Are cops constitutional?

In a 2001 article for the Seton Hall Constitutional Law Journal, the legal scholar and civil liberties activist Roger Roots posed just that question. Roots, a fairly radical libertarian, believes that the U.S. Constitution doesn’t allow for police as they exist today. At the very least, he argues, police departments, powers and practices today violate the document’s spirit and intent. “Under the criminal justice model known to the framers, professional police officers were unknown,” Roots writes.

The founders and their contemporaries would probably have seen even the early-19th-century police forces as a standing army, and a particularly odious one at that. Just before the American Revolution, it wasn’t the stationing of British troops in the colonies that irked patriots in Boston and Virginia; it was England’s decision to use the troops for everyday law enforcement. This wariness of standing armies was born of experience and a study of history — early American statesmen like Madison, Washington and Adams were well-versed in the history of such armies in Europe, especially in ancient Rome.

If even the earliest attempts at centralized police forces would have alarmed the founders, today’s policing would have terrified them. Today in America SWAT teams violently smash into private homes more than 100 times per day. The vast majority of these raids are to enforce laws against consensual crimes. In many cities, police departments have given up the traditional blue uniforms for “battle dress uniforms” modeled after soldier attire.

Police departments across the country now sport armored personnel carriers designed for use on a battlefield. Some have helicopters, tanks and Humvees. They carry military-grade weapons. Most of this equipment comes from the military itself. Many SWAT teams today are trained by current and former personnel from special forces units like the Navy SEALs or Army Rangers. National Guard helicopters now routinely swoop through rural areas in search of pot plants and, when they find something, send gun-toting troops dressed for battle rappelling down to chop and confiscate the contraband. But it isn’t just drugs. Aggressive, SWAT-style tactics are now used to raid neighborhood poker games, doctors’ offices, bars and restaurants, and head shops — despite the fact that the targets of these raids pose little threat to anyone. This sort of force was once reserved as the last option to defuse a dangerous situation. It’s increasingly used as the first option to apprehend people who aren’t dangerous at all.

June 23, 2013

Two remarkable press releases on the Snowden case

Filed under: China, Government, Law, Russia, USA — Tags: , , , , , — Nicholas @ 10:46

First, here’s the official Hong Kong government’s statement:

Mr Edward Snowden left Hong Kong today (June 23) on his own accord for a third country through a lawful and normal channel.

The US Government earlier on made a request to the HKSAR Government for the issue of a provisional warrant of arrest against Mr Snowden. Since the documents provided by the US Government did not fully comply with the legal requirements under Hong Kong law, the HKSAR Government has requested the US Government to provide additional information so that the Department of Justice could consider whether the US Government’s request can meet the relevant legal conditions. As the HKSAR Government has yet to have sufficient information to process the request for provisional warrant of arrest, there is no legal basis to restrict Mr Snowden from leaving Hong Kong.

The HKSAR Government has already informed the US Government of Mr Snowden’s departure.

Meanwhile, the HKSAR Government has formally written to the US Government requesting clarification on earlier reports about the hacking of computer systems in Hong Kong by US government agencies. The HKSAR Government will continue to follow up on the matter so as to protect the legal rights of the people of Hong Kong.

And here’s a statement from Wikileaks:

Mr Edward Snowden, the American whistleblower who exposed evidence of a global surveillance regime conducted by US and UK intelligence agencies, has left Hong Kong legally. He is bound for a democratic nation via a safe route for the purposes of asylum, and is being escorted by diplomats and legal advisors from WikiLeaks.

Mr Snowden requested that WikiLeaks use its legal expertise and experience to secure his safety. Once Mr Snowden arrives at his final destination his request will be formally processed.

Former Spanish Judge Mr Baltasar Garzon, legal director of Wikileaks and lawyer for Julian Assange has made the following statement:

“The WikiLeaks legal team and I are interested in preserving Mr Snowden’s rights and protecting him as a person. What is being done to Mr Snowden and to Mr Julian Assange — for making or facilitating disclosures in the public interest — is an assault against the people”.

To the vast amusement of many commentators, the reported route out of Hong Kong leads to Russia, with other stopping points including Cuba and Venezuela. It’s like a free press/civil liberties tour of the planet!

June 22, 2013

US charges against Snowden were filed on June 14th

Filed under: China, Government, Law, USA — Tags: , , , , — Nicholas @ 09:10

It apparently takes a week for the US government to publicize that it has laid charges…

Federal prosecutors filed espionage charges against alleged National Security Agency leaker Edward Snowden, officials familiar with the process said. Authorities have also begun the process of getting Snowden back to the United States to stand trial.

The charges were filed June 14 under seal in federal court in Alexandria, Va. — and only disclosed Friday.

Snowden has been charged with three violations: theft of government property and two offenses under the espionage statutes, specifically giving national defense information to someone without a security clearance and revealing classified information about “communications intelligence.”

Each of the charges carries a maximum of 10 years in prison.

Snowden, who is a former employee of defense contractor Booz Allen Hamilton, leaked details about far-reaching Internet and phone surveillance programs to The Guardian and The Washington Post earlier this month. He revealed his identity while in Hong Kong, where it is believed he is still hiding.

It’s not clear whether the extradition will be straightforward:

Andy Tsang, Hong Kong’s police commissioner, said that if an extradition request was sent from a country that had a “mutual legal assistance agreement” with Hong Kong, its government would “handle it in accordance with current Hong Kong laws and systems.”

Simon Young, a professor at Hong Kong University’s faculty of law, suggested it was unclear whether Snowden would win or lose any attempt to fight extradition.

He said theft was listed in the U.S.-Hong Kong extradition treaty. “There is an offence listed in the treaty of unlawful handling of property, but this raises the question as to whether information is property and the answer is not clear,” he said in an email.

Interesting – and probably inevitable – legal wrinkle for the NSA

Filed under: Law, Liberty, Technology, USA — Tags: , , , — Nicholas @ 08:58

At Outside the Beltway, Doug Mataconis links to an interesting article:

It’s only been a few weeks since we learned to true scope of the National Security Agency’s data mining of the phone records of American citizens, but already lawyers in civil and criminal cases across the country are seeing the database as a potential discovery goldmine:

    The National Security Agency has spent years demanding that companies turn over their data. Now, the spy agency finds the shoe is on the other foot. A defendant in a Florida murder trial says telephone records collected by the NSA as part of its surveillance programs hold evidence that would help prove his innocence, and his lawyer has demanded that prosecutors produce those records. On Wednesday, the federal government filed a motion saying it would refuse, citing national security. But experts say the novel legal argument could encourage other lawyers to fight for access to the newly disclosed NSA surveillance database.

    “What’s good for the goose is good for the gander, I guess,” said George Washington University privacy law expert Dan Solove. “In a way, it’s kind of ironic.”

    Defendant Terrance Brown is accused of participating in the 2010 murder of a Brinks security truck driver. Brown maintains his innocence, and claims cellphone location records would show he wasn’t at the scene of the crime. Brown’s cellphone provider — MetroPCS — couldn’t produce those records during discovery because it had deleted the data already.

    On seeing the story in the Guardian indicating that Verizon had been ordered to turn over millions of calling records to the NSA last month, Brown’s lawyer had a novel idea: Make the NSA produce the records.

[. . .]

This particular criminal case is, of course, on where the Federal Government is a party to the case as a prosecutor. As such, the Judge must weight not simply the government’s argument that the information requested is classified and thus should not be disclosed, but also the question of whether the prosecution has a duty to turn over the evidence to the Defendant. As a general rule, the prosecution must turn over any evidence that is potentially exclupatory or which tend to call some aspect of the prosecution’s theory of the case into doubt. The rules for what must be turned over vary from state to state, and the Federal Courts have their own rules, but they all generally follow the principles set down by Brady v. Maryland, which established the general rule that Defendants are entitled to be provided with exculpatory evidence that prosecution may have against them.

Of more interest, though, is the likely hood that attorneys may try to gain access to this NSA metadata in cases where the Federal Government is not involved, such as state court criminal proceedings or even civil matters such as divorces

June 21, 2013

How many laws have you broken today?

Filed under: Law, Liberty, USA — Tags: , , — Nicholas @ 10:09

Alex Tabarrok on the changes to US criminal law over the years: No One is Innocent.

I broke the law yesterday and again today and I will probably break the law tomorrow. Don’t mistake me, I have done nothing wrong. I don’t even know what laws I have broken. Nevertheless, I am reasonably confident that I have broken some laws, rules, or regulations recently because its hard for anyone to live today without breaking the law. Doubt me? Have you ever thrown out some junk mail that came to your house but was addressed to someone else? That’s a violation of federal law punishable by up to 5 years in prison.

Harvey Silverglate argues that a typical American commits three felonies a day. I think that number is too high but it is easy to violate the law without intent or knowledge. Most crimes used to be based on the common law and ancient understandings of wrong (murder, assault, theft and so on) but today there are thousands of federal criminal laws that bear no relation to common law or common understanding.

[. . .]

If someone tracked you for a year are you confident that they would find no evidence of a crime? Remember, under the common law, mens rea, criminal intent, was a standard requirement for criminal prosecution but today that is typically no longer the case especially under federal criminal law .

Faced with the evidence of an non-intentional crime, most prosecutors, of course, would use their discretion and not threaten imprisonment. Evidence and discretion, however, are precisely the point. Today, no one is innocent and thus our freedom is maintained only by the high cost of evidence and the prosecutor’s discretion.

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