Quotulatiousness

December 9, 2014

Colby Cosh on the recent “unprecedented” terror attacks

Filed under: Cancon, Europe, History, Politics — Tags: , , , , — Nicholas @ 00:03

In his latest Maclean’s article, Colby Cosh talks about the recent “freelance” terror attacks on Canadian soil and points out that no matter what the reporters say, they’re hardly “unprecedented”:

There has been much discussion about how to think of the type of freelance Islamist terrorist that has recently begun to belabour Canada. What labels and metaphors are appropriate for such an unprecedented phenomenon? I possess the secret: It is not unprecedented. This has been kept a secret only through some odd mischance, some failure of attention that is hard to explain.

I discovered the secret through reading about 19th-century history, particularly the years from the 1848 revolutions to the outbreak of the First World War in 1914. The key was Bismarck, the Prussian minister-president who unified Germany. If you want to learn about Bismarck, you will probably pick up a book by some historian of international relations, such as A.J.P. Taylor. That’s the right place to start. But it means you can read a lot about Bismarck before finding out about the time in May 1866 when a guy shot him.

Ferdinand Cohen-Blind, a Badenese student of pan-German sentiments, waylaid Bismarck with a pistol on the Unter den Linden. He fired five rounds. None missed. Three merely grazed his midsection, and two ricocheted off his ribs. He went home and ate a big lunch before letting himself be examined by a doctor.

[…]

The point is not that Bismarck was particularly hated, although he was. The point is that this period of European (and American) history was crawling with young, often solitary male terrorists, most of whom showed signs of mental disorder when caught and tried, and most of whom were attached to some prevailing utopian cause. They tended to be anarchists, nationalists or socialists, but the distinctions are not always clear, and were not thought particularly important. The 19th-century mind identified these young men as congenital conspirators. It emphasized what they had in common: social maladjustment, mania, an overwhelming sense of mission and, usually, a prior record of minor crimes.

In my Origins of WW1 series, I quoted from The War That Ended Peace (which I still heartily recommend):

Margaret MacMillan describes the typical members of the Young Bosnians, who were of a type that we probably recognize more readily now than at any time since 1914:

    [They] were mostly young Serb and Croat peasant boys who had left the countryside to study and work in the towns and cities of the Dual Monarchy and Serbia. While they had put on suits in place of their traditional dress and condemned the conservatism of their elders, they nevertheless found much in the modern world bewildering and disturbing. It is hard not to compare them to the extreme groups among Islamic fundamentalists such as Al Qaeda a century later. Like those later fanatics, the Young Bosnians were usually fiercely puritanical, despising such things as alcohol and sexual intercourse. They hated Austria-Hungary in part because they blamed it for corrupting its South Slav subjects. Few of the Young Bosnians had regular jobs. Rather they depended on handouts from their families, with whom they had usually quarreled. They shared their few possessions, slept on each other’s floors, and spent hours over a single cup of coffee in cheap cafés arguing about life and politics. They were idealistic, and passionately committed to liberating Bosnia from foreign rule and to building a new and fairer world. Strongly influenced by the great Russian revolutionaries and anarchists, the Young Bosnians believed that they could only achieve their goals through violence and, if necessary, the sacrifice of their own lives.

The “peaceful century” from the defeat of Napoleon to the outbreak of the First World War was far from peaceful — we only see it as such in contrast to the bloodbath of 1914-1918. And terrorists of a type we readily recognize from the front pages of the newspapers today were prefigured exactly by the anarchist revolutionaries of a century ago.

December 8, 2014

QotD: Talking about “rape culture”

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

So I am having a hard time getting my head around something. All week people have been calling me a “rape apologist” and “pro-rape.” I’m being constantly informed that I don’t understand “rape culture.” These often hysterical accusations tend to come from people who seem to understand rape culture the same way some people understand the geopolitics of Westeros or Middle Earth: They’ve studied it, they know every detail about it, they just seem to have forgotten it doesn’t exist.

Now, hold on. I certainly believe rape happens. And I definitely believe we have cultural problems that lead to date rape and other drunken barbarisms and sober atrocities. But the term “rape culture” suggests that there is a large and obvious belief system that condones and enables rape as an end in itself in America. This simply strikes me as an elaborate political lie intended to strengthen the hand of activists. There’s definitely lots that is wrong with our culture, particularly youth culture and specifically campus culture. Sybaritic, crapulent, hedonistic, decadent, bacchanalian: choose your adjectives.

What is most remarkable about our problems is that they seem to take people by surprise. For instance, it would be commonsense to our grandmothers that some drunk men will do bad things, particularly in a moral vacuum, and that women should take that into account. I constantly hear that instead of lecturing women about their behavior we should teach men not to rape. I totally, completely, 100 percent agree that we should teach men not to rape. The problem is we do that. A lot. Maybe we should do it more. We also teach people not to murder — another heinous crime. But murders happen too. That’s why we advise our kids to steer clear of certain neighborhoods at certain times and avoid certain behaviors. I’m not “pro-murder” if I tell my kid not to walk through the park at night and flash money around any more than I am pro-rape if I give her similar advice.

Of course, the problem is that feminists want to expunge any notion that women are gentler and fairer. This requires declaring war on chivalric standards for male conduct, which were once a great bulwark against caddish and rapacious behavior. Take away the notion that men should be protective of women and they will — surprise! — be less protective of women.

None of this means we’d all be better off with women in corsets on fainting couches. (I like strong, assertive women so much I married one. I’m also the son of one, and I’m trying to raise another.) But somehow feminists have gotten themselves into the position of adopting the adolescent male’s fantasy of consequence-and-obligation-free sex as an ideal for women. Uncivilized and morally uneducated men have, for millennia, wanted to treat women like sluts. And now feminists have embraced the word as a badge of honor. Call me an old-fogey, but I think that’s weird.

Jonah Goldberg, The Goldberg File, 2014-12-05.

December 6, 2014

Everyday life in “The Ghetto Archipelago”

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

At Reason, J.D. Tuccille reviews On the Run: Fugitive Life in an American City, by Alice Goffman:

The police presence in 6th Street is pervasive. Residents, young black men in particular, can expect to be frequently stopped, questioned, and searched. Many initial arrests are for drugs, often possession of marijuana. After that, as Goffman records, the system takes on a horrible logic of its own. Criminal records make employment hard to find, and recurring court dates devour time that might be devoted to work, job searches, or family responsibilities. Without regular income, court fees add up and may prove unpayable. Many of the people Goffman writes about are essentially constant low-level fugitives, hunted by police for missed appointments. Some end up committing additional crimes to pay their accumulating debts to the courts.

People living on the wrong side of the law are both dependent on and vulnerable to those around them. Goffman documents how chronic legal problems prevent young men from attending the births of their children or the funerals of their friends, since the authorities often monitor those occasions looking to make arrests. Those legal problems also provide opportunities for angry girlfriends and other acquaintances to avenge perceived wrongs with a simple phone call to the cops.

Neighborhoods heavily populated by young men on the run (usually in the most figurative sense, since their lives become circumscribed by familiar people and streets) also create business opportunities for those willing to serve their idiosyncratic needs. One memorable character in On the Run is Jevon, whose memory and ability at mimicry allow him to earn money impersonating men to their parole officers for curfew-checking phone calls. Another, Rakim, augments income from his passport photo business selling clean urine to men facing drug tests. Many local businesses-such as rental car lots and motels-have two price sheets, one for mainstream customers and one for those who have no credit cards or ID.

Identification itself is a commodity, with employees inside the Pennsylvania Department of Transportation selling drivers licenses-basically, new identities — for a substantial fee. (Other public employees, from court clerks to prison guards, also find it lucrative to sell favors and services.) “The level of social control that tough-on-crime policy envisions-particularly in a liberal state-is so extreme and difficult to implement,” Goffman writes, “that it has led to a flourishing black market to ease the pains of supervision.”

H/T to ESR who wrote:

Linked article explains why, though I’ve defended the shooting of Michael Brown as a prudent and ethical response to an imminent threat of deadly force, I’ve had little patience with those defending the Ferguson police in general either before or after the shooting.

Yes, the system oppresses people like the blacks in Ferguson, in a way that has little to do with “institutional racism” but everything to do with a vicious cycle of deteriorating ghetto culture coupled with perverse incentives on the police created by “tough on crime” laws.

How do I know? I’ve never been to Ferguson…but Philadelphia is my city. I used to live there, mere blocks from the ghetto archipelago. I’ve seen some of the overspill from what Goffman is writing about. She speaks truth, and we would do well to heed her.

November 22, 2014

Adrian Peterson talks to Tom Pelissero

Filed under: Football, Law, Media — Tags: , , , — Nicholas @ 12:00

Tom Pelissero was one of the best local reporters in the Minneapolis area when he worked the Minnesota Vikings beat for 1500ESPN. Earlier this year, he moved to USA Today, but still lives in Minnesota. Earlier this week, he talked with disgraced Vikings running back Adrian Peterson in an exclusive interview:

Adrian Peterson the football player will be back one day. He’s sure of it, even after the NFL suspended the Minnesota Vikings’ star running back Tuesday for at least the rest of the 2014 season after his no-contest plea to a misdemeanor reckless assault charge.

Peterson had expressed remorse for injuring his son and maintained he was disciplining him — with a “switch” from a tree — the way he was disciplined as a child. If Peterson meets the court’s requirements, no conviction will go on his record. But Peterson, a father of six children by six women, knows he faces a lifelong challenge to prove he’s not an absentee parent, not a child abuser, not any of the demons he’s been portrayed as since the incident.

“I won’t ever use a switch again,” Peterson said. “There’s different situations where a child needs to be disciplined as far as timeout, taking their toys away, making them take a nap. There’s so many different ways to discipline your kids.”

In the more than 90-minute phone interview — Peterson’s first extensive public remarks since his Sept. 11 indictment — he spoke with USA TODAY Sports on a wide variety of topics, including why he refused to attend a hearing with the NFL before Commissioner Roger Goodell suspended him as well as his future with the Minnesota Vikings.

“I would love to go back and play in Minnesota to get a feel and just see if my family still feels comfortable there,” Peterson said. “But if there’s word out that hey, they might release me, then so be it. I would feel good knowing that I’ve given everything I had in me.”

Regardless of his football future, Peterson wanted to make clear his main focus now is on repairing his relationship with his son and trying to make people understand that, contrary to Goodell’s remarks in handing down his ban, his remorse is real.

November 5, 2014

Adrian Peterson’s legal situation now clear … NFL disciplinary situation less so

Filed under: Football, Law — Tags: , , , , — Nicholas @ 07:04

Yesterday, Adrian Peterson agreed to a plea deal that would reduce the charges he faced from a felony to a misdemeanor (thereby also reducing the maximum punishment from jail time to a fine, probation, and community service). He pleaded no contest to the lesser charges and if he completes the probation without incident, he won’t have a criminal record. He will also be subject to random drug testing but no travel restrictions. Despite this, his situation with the NFL is still up in the air — he’s been on the commissioner’s exempt list since week two, getting paid but not being allowed to practice with the team — and the only way he’ll be allowed back on the field is after Roger Goodell decides on what league discipline is now called for.

October 23, 2014

Another quirk in the American justice system

Filed under: Law, Liberty, USA — Tags: , — Nicholas @ 07:06

In the Washington Post, Radley Balko explains how judges can convict you of crimes you were acquitted on or even crimes you were never charged with in the first place:

Most Americans probably believe that the government must first convict you of a crime before it can impose a sentence on you for that crime. This is incorrect: When federal prosecutors throw a bunch of charges at someone but the jury convicts on only some of those charges, a federal judge can still sentence the defendant on the charges for which he was acquitted. In fact, the judge can even consider crimes for which the defendant has never been charged.

Last week, the U.S. Supreme Court declined to hear Jones v. U.S., a case that would have addressed the issue. The National Law Journal summarizes the facts:

    [A] District of Columbia jury found Antwuan Ball, Desmond Thurston and Joseph Jones guilty in 2007 of selling between two and 11 grams of cocaine, relatively small amounts. They were acquitted on racketeering and other charges that they were part of an extensive narcotics conspiracy.

    Yet, when U.S. District Judge Richard Roberts sentenced the three, he said he “saw clear evidence of a drug conspiracy,” and sentenced Ball, Thurston and Jones to 18, 16 and 15 years in prison, respectively — four times higher than the highest sentences given for others who sold similar amounts of cocaine, according to filings with the Supreme Court.

There have been other cases like this, including at least two in which federal judges sentenced defendants for murders for which they were never even charged, never mind convicted. So not only can a judge sentence a defendant for crimes for which a jury acquitted, he can sentence a defendant for crimes for which prosecutors didn’t have enough evidence to charge.

October 1, 2014

Camille Paglia on universities’ inability to comprehend evil

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

In Time, Camille Paglia says that universities are unable to understand the real risks to young women on campus:

The gender ideology dominating academe denies that sex differences are rooted in biology and sees them instead as malleable fictions that can be revised at will. The assumption is that complaints and protests, enforced by sympathetic campus bureaucrats and government regulators, can and will fundamentally alter all men.

But extreme sex crimes like rape-murder emanate from a primitive level that even practical psychology no longer has a language for. Psychopathology, as in Richard von Krafft-Ebing’s grisly Psychopathia Sexualis (1886), was a central field in early psychoanalysis. But today’s therapy has morphed into happy talk, attitude adjustments, and pharmaceutical shortcuts.

There is a ritualistic symbolism at work in sex crime that most women do not grasp and therefore cannot arm themselves against. It is well-established that the visual faculties play a bigger role in male sexuality, which accounts for the greater male interest in pornography. The sexual stalker, who is often an alienated loser consumed with his own failures, is motivated by an atavistic hunting reflex. He is called a predator precisely because he turns his victims into prey.

Sex crime springs from fantasy, hallucination, delusion, and obsession. A random young woman becomes the scapegoat for a regressive rage against female sexual power: “You made me do this.” Academic clichés about the “commodification” of women under capitalism make little sense here: It is women’s superior biological status as magical life-creator that is profaned and annihilated by the barbarism of sex crime.

September 13, 2014

The latest NFL scandal

Filed under: Football, Law — Tags: , , , , — Nicholas @ 09:33

News broke yesterday that Minnesota Vikings star running back (and former NFL MVP) Adrian Peterson has been accused of reckless or negligent injury to a child. The team announced that Peterson would not play in this weekend’s home opener against the New England Patriots and that any inquiries should be directed to Peterson’s attorney rather than to the team.

Peterson has been the focus of charges before, and the team and the fans rallied around him and the charges were eventually dropped. This is different. This is not a confrontation with a rent-a-cop with delusions of authority. This is much more serious and, if true, shows Peterson in a very bad light indeed.

Jim Souhan expresses much the same feelings I have over the situation:

I hoped it wasn’t true. I hoped that if it turned out to be true, the child was uninjured.

Then I saw the alleged pictures.

I’ll use the words “alleged” and “if” a lot here, just in case Peterson is somehow being wrongly accused.

The pictures detail the wounds that Peterson allegedly inflicted on his 4-year-old son with a switch. The pictures are, allegedly, taken a week after the injuries. The pictures should turn the stomach of any human, and especially anyone who has worried over their child’s skinned knee with a Band-Aid and Neosporin.

If Peterson is guilty, this act would change everything.

I’ve always liked Peterson. I’ve never had reason not to.

For a star, Peterson is friendly and accessible. In terms of work ethic and on-field effort, he has never been anything less than admirable. His teammates like him. Vikings staffers like him.

None of that matters now. If Peterson took a piece of wood and whipped a 4-year-old until the child bled from large welts, he should never play for the Vikings again.

If the charges are true, Peterson will likely face a lengthy suspension. He is 29. By February, the Vikings were already due to begin asking themselves whether they could afford to pay an aging running back like a superstar.

If Peterson viciously beat a 4-year-old, the Vikings may have to consider cutting ties with a player who had a chance to be not only great but forever beloved.

If Peterson is guilty of child abuse, someone, somewhere in the NFL has to stop thinking about wins and losses and begin asking this question: “What kind of league do we want to be?’’

1500ESPN‘s Andrew Krammer and Phil Mackey have more, including quotations from the police report:

Minnesota Vikings running back Adrian Peterson has been indicted by a Montgomery County, Texas grand jury on charges of reckless or negligent injury to a child, his attorney Rusty Hardin confirmed in a statement to 1500ESPN.com.

Per the statement, Hardin confirmed the charges involve Peterson using a “switch” (a flexible tree branch) to spank his son, adding that Peterson “has cooperated fully with authorities and voluntarily testified before the grand jury for several hours.”

KARE 11 TV has reported an arrest warrant is out, and Peterson plans to travel to Houston to turn himself into authorities.

[…]

Peterson also allegedly said via text message to the child’s mother that he “felt bad after the fact when I notice the switch was wrapping around hitting I (sic) thigh” and also acknowledged the injury to the child’s scrotum in a text message, saying, “Got him in nuts once I noticed. But I felt so bad, n I’m all tearing that butt up when needed! I start putting them in timeout. N save the whooping for needed memories!”In further text messages, Peterson allegedly said, “Never do I go overboard! But all my kids will know, hey daddy has the biggie heart but don’t play no games when it comes to acting right.”

According to police reports, the child, however, had a slightly different story, telling authorities that “Daddy Peterson hit me on my face.” The child also expressed worry that Peterson would punch him in the face if the child reported the incident to authorities. He also said that he had been hit by a belt and that “there are a lot of belts in Daddy’s closet.” He added that Peterson put leaves in his mouth when he was being hit with the switch while his pants were down. The child told his mother that Peterson “likes belts and switches” and “has a whooping room.”

Peterson, when contacted by police, admitted that he had “whooped” his son on the backside with a switch as a form of punishment, and then, in fact, produced a switch similar to the one with which he hit the child. Peterson also admitted that he administered two different “whoopings” to his son during the visit to Texas, the other being a punishment for the 4-year-old scratching the face of a 5-year-old.

Update: USA Today‘s Tom Pelissero explains the situation both for the NFL and for the Vikings.

September 11, 2014

Roger Goodell’s dilemma

Filed under: Football, Law, Media — Tags: , , , — Nicholas @ 09:52

USA Today‘s Tom Pelissero updates the state of play in the Ray-Rice-is-a-terrible-human-being case:

The NFL has hired former FBI director Robert S. Mueller III to investigate the league’s pursuit and handling of evidence in the Ray Rice domestic violence case after a report Wednesday that a league executive received videotape evidence five months before it became public.

New York Giants owner John Mara and Pittsburgh Steelers owner Art Rooney will oversee the investigation, and the final report will be made public, according to league’s statement, which noted Commissioner Roger Goodell has pledged the full cooperation of NFL personnel and access to all league records.

The announcement came hours after the Associated Press published a report citing an unnamed law enforcement official who said he sent a tape of Rice punching his then-fiancée to an NFL executive long before the video surfaced on TMZ.com on Monday, leading to Rice’s release from the Baltimore Ravens and his indefinite suspension by the league.

The law enforcement official — speaking to the AP on condition of anonymity because of the ongoing investigation — also played the AP a 12-second voicemail from an NFL office number on April 9 confirming the video arrived. A female voice expresses thanks and says: “You’re right. It’s terrible.”

The NFL commissioner may have thought he’d put the Ray Rice issue behind him after the elevator video was released to the public, but now it’s being alleged that the league actually did get a copy of the video before Goodell suspended Rice for a token two-game stretch. Ace thinks this might have been Goodell’s reasoning for doing as he did:

Could that be Goodell’s spin? “I knew about it, but I had to protect a source”?

Although this spin won’t save Goodell, part of his thinking might have been this:

1. This punch is atrocious, a potentially lethal full-on boxer’s knockout punch.

2. However, the evidence of this is currently being withheld from the public by law.

3. Even though I know about this tape, I cannot use it as the basis for my decision, as it is in my hands illegally.

4. Further, I could not explain to the public, nor to the NFL Player’s union, the reasons for a severe punishment, because they would cry foul and cry “PC over-punishment!” unless they see this horror in real time, which I have seen, but they have not, and maybe never will.

I don’t know if that’s what they were thinking (assuming Goodell saw it, and frankly, I don’t know how he could not have seen it — This is his job; punishing a player for an infraction is not something you delegate to the branch office in Cincinnati like Lois Lerner did (wink, wink)), and I doubt this would cut much ice even it it were.

Even if Goodell didn’t think he could suspend Rice indefinitely absent the public unveiling of the tape — Two Game Suspension? When another guy just got a four game suspension for some minor substance abuse rap?

September 10, 2014

Katie Nolan – Why boycotting the NFL because of Ray Rice is not the answer

Filed under: Football, Law, Media — Tags: , , , — Nicholas @ 09:07

I haven’t watched the latest video of Ray Rice being an embarrassment to humankind, nor do I intend to. I think the NFL has made major errors in how they’ve handled the whole situation, and I don’t think it’s over yet, even with Rice out of football (because Rice is certainly not the only offender … he’s just the one we know the most about right now). Katie Nolan offers her insight into why the NFL still doesn’t understand how seriously they’ve fumbled this issue:

Update: USA Today‘s Christine Brennan reports on why the NFL did not act more strongly to the first video.

NFL Commissioner Roger Goodell said he never saw the elevator video of Ray Rice striking his then-fiancee until Monday morning, but when he did, he found it “sickening,” he told USA TODAY Sports in a telephone interview Tuesday evening.

He also said that Rice and his representatives told him a different story about what happened in the Atlantic City elevator than what he saw on the video. While he would not reveal those details, he called them “ambiguous.”

“There was no ambiguity when you saw that tape (Monday),” he said. “It was sickening. It was appalling. It was clear that it was not consistent with what they presented to us in the hearing and we needed to take the right step which is to indefinitely suspend him.”

Goodell said he and his staff saw the first video in February, the one in which Rice is seen dragging Janay Palmer’s listless body out of the elevator. They “suspected” there was another, and tried to obtain it.

“We asked for it on multiple occasions,” Goodell said. “We asked law enforcement and they were not willing to provide it. I think they were under some legal requirements not to provide it, as I understand it.”

A spokesman for the New Jersey state attorney general addressed on Tuesday the issue of why the video was not released to the NFL.

“It’s grand jury material. It would have been improper — in fact, illegal — for the Atlantic County Prosecutor’s Office to provide it to an outside/private/non law-enforcement entity,” Paul Loriquet said, according to ABC News.

September 5, 2014

Casting blame over Rotherham

At Samizdata, Perry de Havilland unflinchingly points the finger of blame:

The English ‘fascist‘ movement is a bit like a bowel movement, smelly but easily disposed of. In truth they are so trivial in terms of their support or intellectual influence that I cannot escape the notion they get as much publicity as they do primarily to keep them as a boogieman to be pointed at by their equally irrelevant confrères on the loony left.

The Rotherham scandal is not about comically half witted and pleasingly unphotogenic fascists (sorry Ed Temple). It is not about Islam or Pakistanis (sorry BNP, EDL et al.). It is not even about immigration (sorry UKIP). It is entirely about how the political culture pushed unfailingly by the BBC and Guardian (and the increasingly indistinguishable Telegraph and other formerly ‘Tory’ papers) for decades has so completely enervated British institutions along with all the mainstream political parties, that such thugs could not be dealt with. We do not need more laws, we have more than enough to deal with what happened. What we need is the preposterous culture of political correctness and its obsession with race to be flushed down the toilet.

So my caring sharing multicultural leftie chums… Rotherham? That is entirely down to you. Yes, YOU

September 1, 2014

Philadelphia’s growing addiction to civil forfeiture

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 09:25

In Forbes, Nick Sibilla explains how the city of Philadelphia uses the civil forfeiture laws to enrich city coffers and oppress the residents:

Chris Sourovelis has never had any trouble with the law or been accused of any crime. But that hasn’t stopped the City of Philadelphia from trying to take his home.

The Sourouvelis family, along with thousands of others in Philadelphia, is living a Kafkaesque nightmare: Their property is considered guilty; they must prove their innocence and the very prosecutors they’re fighting can profit from their misery. Now the Institute for Justice has filed a major class-action lawsuit to end these abuses of power.

Back in March, Chris’s son was caught selling $40 worth of drugs outside of the home. With no previous arrests or a prior record, a court ordered him to attend rehab. But the very day Sourovelis was driving his son to begin treatment, he got a frantic call from his wife. Without any prior notice, police evicted the Sourovelises and seized the house, using a little-known law known as “civil forfeiture.”

Law enforcement barred the family from living in their own home for over a week. The family could only return home if they banned their son from visiting and relinquished some of their constitutional rights. Adding to the cruel irony, their son has already completed rehab, ending his punishment by the city. “If this can happen to me and my family, it can happen to anybody,” Sourovelis said.

Under civil forfeiture, property owners do not have to be convicted of a crime, or even charged with one, to permanently lose their property. Instead, the government can forfeit a property if it’s found to “facilitate” a crime, no matter how tenuous the connection. So rather than sue the owner, in civil forfeiture proceedings, the government sues the property itself, leading to surreal case names like Commonwealth of Pennsylvania v. The Real Property and Improvements Known as 2544 N. Colorado St.

In other words, thanks to civil forfeiture, the government punishes innocent people for the crimes other people might have committed.

Update: As Eve Harris reminded me, civil forfeiture is not a US-only issue, and the police in British Columbia have been feeding cases to the province’s Civil Forfeiture Office (CFO) for further action even when no criminal charges are filed (and sometimes even when the police have violated Charter rights in the process). BC’s CFO was established in 2006 and since then has generated about $41 million in proceeds from civil forfeiture actions. Six other provinces also have civil forfeiture laws, but BC is leading the pack in the scale and scope of their activities. Eve also sent a link to a National Post article (which I can’t quote from without paying a licensing fee, which is why I rarely if ever link to that newspaper).

August 25, 2014

People (even men) respond rationally to external stimuli, eventually

Filed under: Media, USA — Tags: , , — Nicholas @ 10:11

In the wake of all the media attention given to the “epidemic of rape on campus”, male university students appear to be changing their behaviour:

Thanks to an increased focus on sexual assaults on college campuses – mostly due to an overblown statistic claiming 20 percent of college women have been sexually assaulted – young college men are starting to rethink how they talk to women.

At first glance that might seem like a good thing – men learning to be more respectful of women and not be so rapey – but that’s not what this is.

This is about men actually avoiding contact with women because they’re afraid a simple kiss or date could lead to a sexual assault accusation.

Bloomberg reporters John Lauerman and Jennifer Surane interviewed multiple men from colleges like Harvard and Stanford who expressed concern over what was once known as a “hook-up culture” but is now labeled by feminists as “rape culture.” The change in terminology ensures that all responsibility is placed on men, just because of their gender.

[…]

William Pollack, a Harvard Medical School psychologist, told the Bloomberg reporters about a patient who was kissing a girl during a party and began thinking about what would happen if things went further.

“‘I want to go to law school or medical school after this,’” the student said, according to Pollack. “‘I said to her, it’s been nice seeing you.’”

Pollack also noted that the media attention to campus sexual assault has led to a “witch-hunt” mentality.

“Most males would never do anything to harm a young woman,” Pollack told the Bloomberg reporters. But the current focus is “starting to scare the heck out of the wrong people.”

Like Clark Coey, who will be a freshman at East Carolina University in North Carolina this year. He’s worried that the definition of consent might not be clear exactly what it means.

The constantly changing expectations of what consent means and how it has to be communicated are going to be common issues in university culture going forward. No sensible male student is going to dare follow up on hints or suggestions of interest from a female student without explicit invitation … which most women are culturally disinclined to offer. And even that might not be enough to meet the standards of consent some university activists (and administrators) are demanding.

H/T to Amy Alkon who included a few comments that had been posted:

From the comments:

    thewlyno / Isaac T
    Remember, when men drink they are predators, when women drink they are unaccountable victims

Another:

    James Dean
    I also find it ironic that feminists who fought for female sexual choice, including the right to engage in drunken hookups, would now like to put the responsibility for the mutual drunken hookup entirely onto the male. He must now take into consideration not just what she wants now, but also what is really good for her in the long run, because in his drunken state he is better able to make decisions for her than she is in her drunken state. It is his job to recognize her vulnerability, to save her from her disinhibition, and to guide her with his greater wisdom into proper chastity. This used to be called patriarchy.

August 23, 2014

Pennsylvania police to destroy rare wine collection

Filed under: Law, USA, Wine — Tags: , , , — Nicholas @ 12:14

Michelle Minton tells the sad tale of a rare wine fan who got too greedy (as the state tells it) or a state that got too greedy (as Pennsylvania wine fans tell it):

In the fifth century BCE, famous Greek tragedian Euripides supposedly said, “where this no wine there is no love.” This certainly holds true in present day Pennsylvania, which has one of the nation’s strictest alcohol regulatory regimes. And according to Tom Wark, executive director for the American Wine Consumer Coalition, Pennsylvania is “the worst state to live in if you’re a wine lover.” In Philadelphia, one man surely isn’t feeling the brotherly love after police raided his home and seized 2,426 bottles of rare wine—with an estimated value of more than $125,000—that the police reportedly plan to “destroy.”

Arthur Goldman, a 50-year-old lawyer, alleged ran afoul of Pennsylvania’s archaic wine laws by purchasing and selling through unapproved channels. In Pennsylvania, one of ten states that doesn’t allow direct shipping of wine to consumers, the only place one can purchase wine is through state-owned liquor stores. For wine connoisseurs looking for a bottle unavailable for purchase in state stores, the only other option is to order their wine through one of the sanctioned “direct wine shippers” and have it sent to a state store. Of course, this adds a certain cost to the purchase (shipping charge, plus $4.50 handling, the state’s 18 percent Johnstown Flood tax, 6 percent sales tax, and an addition 2 percent Philadelphia tax). With an average shipping rate of $7 per bottle or $22 per case, this means that a typical $50 bottle of wine would end up costing $74. A case of that wine, which would have cost $600 could cost around $832 after jumping through the Pennsylvania Liquor Control Board’s hoops. Of course, Goldman was likely purchasing much rarer and more expensive wines—the tax and shipping costs, assuming the approved direct shipping companies had the wines he wanted—could have been astronomical.

Cops paint a picture of a sophisticated racket meant to make Goldman a lot of money, but his lawyer asserts it was more like a group of 15-20 wine connoisseurs for whom Goldman would procure bottles unavailable in the state, only charging them for his costs.

August 21, 2014

Ferguson authorities issue an average of “about 3 warrants and 1.5 cases per household”

Filed under: Law, USA — Tags: , , , — Nicholas @ 07:45

The relationship between the Ferguson police and the residents of the municipality seem to have been on a weird footing long before the current face-off, as Walter Olson points out:

Reading through this Newsweek article on the troubled relations between police and residents in Ferguson, Mo. before this month’s blowup, this passage jumped out at me:

    “Despite Ferguson’s relative poverty, fines and court fees comprise the second largest source of revenue for the city, a total of 2,635,400,” according to the ArchCity Defenders report. And in 2013, the Ferguson Municipal Court issued 24,532 arrest warrants and 12,018 cases, “or about 3 warrants and 1.5 cases per household.”

My first reaction – maybe yours too – was “is that a misprint?” Three arrest warrants per household in Ferguson last year?

Now let’s stipulate that some of those warrants were written against out-of-towners, especially in matters arising from traffic offenses, tickets being a key revenue source for many municipalities in St. Louis’s North County. Yet here’s a second statistic some will find surprising: while reported property-crime rates in Ferguson have run well above the national average for years, violent-crime rates have not. After a high period that lasted through 2008, they have declined steadily to a point where last year Ferguson had about the same rate of violent crime as the nation generally.

What seems clear at this point is that Ferguson – while in some ways a nicer and safer town than some have imagined – does suffer from a unusual degree of antagonism between police and residents, an antagonism that crucially involves race (the town is an extreme outlier in its now-famous extent of black underrepresentation in elected office) and yet has other vital dimensions as well.

Update: Alex Tabarrok says this is an example of the return of debtor’s prisons in modern America.

How does a stop for jaywalking turn into a homicide and how does that turn into an American town essentially coming under military control with snipers, tear gas, and a no-fly zone? We don’t yet know exactly what happened between the two individuals on the day in question but events like this don’t happen without a deeper context. Part of the context is the return of debtor’s prisons that I wrote about in 2012:

    Debtor’s prisons are supposed to be illegal in the United States but today poor people who fail to pay even small criminal justice fees are routinely being imprisoned. The problem has gotten worse recently because strapped states have dramatically increased the number of criminal justice fees….Failure to pay criminal justice fees can result in revocation of an individual’s drivers license, arrest and imprisonment. Individuals with revoked licenses who drive (say to work to earn money to pay their fees) and are apprehended can be further fined and imprisoned. Unpaid criminal justice debt also results in damaged credit reports and reduced housing and employment prospects. Furthermore, failure to pay fees can mean a violation of probation and parole terms which makes an individual ineligible for Federal programs such as food stamps, Temporary Assistance to Needy Family funds and Social Security Income for the elderly and disabled.

[…]

You don’t get $321 in fines and fees and 3 warrants per household from an about-average crime rate. You get numbers like this from bullshit arrests for jaywalking and constant “low level harassment involving traffic stops, court appearances, high fines, and the threat of jail for failure to pay.”

If you have money, for example, you can easily get a speeding ticket converted to a non-moving violation. But if you don’t have money it’s often the start of a downward spiral that is hard to pull out of

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