Quotulatiousness

September 26, 2013

Crony Capitalism and prison privatization

Filed under: Government, Law, USA — Tags: , , , , , — Nicholas @ 09:59

I’m generally in favour of moving economic activities out of the government sphere and into the competitive marketplace, but the privatization of prisons is a great example not of free enterprise but of crony capitalism run amok:

Private prisons are antithetical to a free people. Of all the functions a civilized society should relegate to the public sector, it’s abundantly clear incarceration should be at the very top of the list. Jailing individuals is a public cost that a society takes on in order to ensure there are consequences to breaking certain rules that have been deemed dangerous to the happiness and quality of life within a given population. However, the end goal of any civilized culture must be to try to keep these cost as low possible. This should be achieved by having as few people as possible incarcerated, which is most optimally achieved by reducing incidents of criminality within the population. Given incarceration is an undesirable (albeit necessary) part of any society, the idea is certainly not to incentivize increased incarceration by making it extremely profitable. This is a perverse incentive, and one that is strongly encouraged by the private prison industry to the detriment of society.

[…]

In the Public Interest describes itself as:

    A comprehensive resource center on privatization and responsible contracting. It is committed to equipping citizens, public officials, advocacy groups, and researchers with the information, ideas, and other resources they need to ensure that public contracts with private entities are transparent, fair, well-managed, and effectively monitored, and that those contracts meet the long-term needs of communities.

Their report explains how private prison companies insist that states embed “occupancy guarantees” into their contracts with the public sector. They estimate that at least 65% of all private prison contracts have such guarantees, and in some states, like Arizona, the guarantee is a shockingly high 100%. This leads to overcrowding in many instances, and sometimes violent offenders are placed in prisons set up for nonviolent offenses just to fill the quotas. In the event that the beds can’t be filled, the taxpayer makes up the difference to the private prison company. They win no matter what. It’s just more crony capitalism. Below are some highlights from this excellent report.

Major Findings

  • 65 percent of the private prison contracts ITPI received and analyzed included occupancy guarantees in the form of quotas or required payments for empty prison cells (a “low-crime tax”). These quotas and low-crime taxes put taxpayers on the hook for guaranteeing profits for private prison corporations.
  • Occupancy guarantee clauses in private prison contracts range between 80% and 100%, with 90% as the most frequent occupancy guarantee requirement.
  • Arizona, Louisiana, Oklahoma and Virginia are locked in contracts with the highest occupancy guarantee requirements, with all quotas requiring between 95% and 100% occupancy.

Update: On the topic of prison abuse, there’s an interesting post at Reason talking about the hidden-yet-pervasive practice of locking up children in solitary confinement “for their own protection”:

Solitary confinement was once a punishment reserved for the most-hardened, incorrigible criminals. Today, it is standard practice for tens of thousands of juveniles in prisons and jails across America. Far from being limited to the most violent offenders, solitary confinement is now used against perpetrators of minor crimes and children who are forced to await their trials in total isolation. Often, these stays are prolonged, lasting months or even years at a time.

Widely condemned as cruel and unusual punishment, long-term isolation for juveniles continues because it’s effectively hidden from the public. Research efforts by the American Civil Liberties Union and the Texas Criminal Justice Coalition have struggled to uncover even the most basic facts about how the United States punishes its most vulnerable inmates.

How can a practice be both widespread and hidden? State and federal governments have two effective ways to prevent the public from knowing how deep the problem goes.

The first has to do with the way prisons operate. Sealed off from most public scrutiny, and steeped in an insular culture of unaccountability, prisons are, by their very nature, excellent places to keep secrets. Even more concealed are the solitary-confinement cells, described by inmates as “prisons within prisons.” With loose record-keeping and different standards used by different states, it’s almost impossible to gather reliable nation-wide statistics.

The second method is to give the old, horrific punishment a new, unobjectionable name. Make the torture sound friendly, with fewer syllables and pleasant language. This way, even when abuse is discovered, it appears well-intentioned and humane.

So American prisons rarely punish children with prolonged solitary confinement. Instead, they administer seclusion and protective custody. Prison authorities don’t have to admit that “administrative segregation” is used to discipline children. Just the opposite, actually. It’s all being done “for their own protection.”

September 15, 2013

Why “Breaking Bad: Canada” is a ludicrous meme

Filed under: Government, Health, Media, USA — Tags: , , , , , — Nicholas @ 09:57

Megan McArdle is a fan of the TV show Breaking Bad, but she also is fairly well informed about the US healthcare system. This means that the idea that the TV show’s Canadian counterpart would look like this…

Breaking Bad Canada

…depends on the audience for the real TV show not actually knowing much about the US system.

The series starts with Walter White, a high school chemistry teacher in Albuquerque, New Mexico, who is diagnosed with lung cancer. His lousy health maintenance organization won’t cover a decent doctor, or treatment. So Walter is forced to turn to crime just to pay his medical bills and … whoa, wait a minute. You know who has excellent benefits, compared with basically everyone else in the country? Teachers, firefighters and cops. Maybe they’re overworked and underpaid, but the one thing that you cannot say about them is that they’re forced to endure shoestring health-care plans. According to the Internet, Albuquerque school district employees are eligible for

    Medical, Dental, Vision, Basic and Additional Life Insurance, Long Term Disability, Pre-tax Insurance Premium Plan (PIPP), Flexible Spending Accounts, Long Term Care Insurance, 403(b) and the 457(b) Deferred Compensation Plans.

That’s a generous package. Moreover, the Albuquerque school district self-insures, so any complaints about benefit levels should be directed at the city government, not your “lousy HMO.”

Later, after Walt’s actions accidentally result in the shooting of his brother-in-law, a Drug Enforcement Agency agent, Walt’s wife takes a bunch of the meth money to pay for Hank’s treatment. On his government salary, Hank can’t possibly afford the treatment he needs, because, of course, his lousy insurance policy won’t cover more than a few visits to the physical therapist … and whoa, we just went from “unrealistic” to “ludicrous.” You know who has even better benefits than employees enjoying a compensation package collectively bargained with a local government? Federal employees in a low-cost state such as New Mexico. Moreover, extra benefits are available to people injured in the line of duty.

In short, a number of key plot points hinge on the improbable assertion that people who actually enjoy some of the best health insurance in the country actually suffer some of the worst — so bad that we are expected to believe that Walt had no choice but to cook meth to cover the gaps. For an otherwise great show, this is incredibly silly.

September 8, 2013

Prince Andrew’s brief career as a burglar

Filed under: Britain — Tags: , — Nicholas @ 11:10

Red faces again for the security team at Buckingham Palace:

The incident came two days after a break-in at the Palace, which is said to have left Royal protection officers “jittery”.

Prince Andrew, 53, was walking in the garden when sources claim he was ordered to the ground and asked to identify himself. Scotland Yard say that no weapons were drawn during the incident.

A Palace source told the Sunday Express: “There is a high turnover of the police on duty at the Palace but you’d think anyone would know what Prince Andrew looks like.

“It’s fair to say that to describe the Duke as unhappy and the two officers as highly embarrassed is the biggest understatement of the century.”

Police are on high alert after the biggest security breach at the Palace in 30 years, in which a man managed to scale a 12ft fence, evade dozens of armed officers, and make his way into the state rooms last Monday.

September 1, 2013

America’s hidden (true) crime rate

Filed under: Government, Law, USA — Tags: , , — Nicholas @ 09:02

In a post from last year at n+1, Christopher Glazek explains why the official crime rate is failing to show the true level of violent crime in the United States:

According to government statistics, Americans are safer today than at any time in the last forty years. In 1990, there were 2,245 homicides in New York City. In 2010, there were 536, only 123 of which involved people who didn’t already know each other. The fear, once common, that walking around city parks late at night could get you mugged or murdered has been relegated to grandmothers; random murders, with few exceptions, simply don’t happen anymore.

When it comes to rape, the numbers look even better: from 1980 to 2005, the estimated number of sexual assaults in the US fell by 85 percent. Scholars attribute this stunning collapse to various factors, including advances in gender equality, the abortion of unwanted children, and the spread of internet pornography.

[…]

Statistics are notoriously slippery, but the figures that suggest that violence has been disappearing in the United States contain a blind spot so large that to cite them uncritically, as the major papers do, is to collude in an epic con. Uncounted in the official tallies are the hundreds of thousands of crimes that take place in the country’s prison system, a vast and growing residential network whose forsaken tenants increasingly bear the brunt of America’s propensity for anger and violence.

Crime has not fallen in the United States — it’s been shifted. Just as Wall Street connived with regulators to transfer financial risk from spendthrift banks to careless home buyers, so have federal, state, and local legislatures succeeded in rerouting criminal risk away from urban centers and concentrating it in a proliferating web of hyperhells. The statistics touting the country’s crime-reduction miracle, when juxtaposed with those documenting the quantity of rape and assault that takes place each year within the correctional system, are exposed as not merely a lie, or even a damn lie — but as the single most shameful lie in American life.

From 1980 to 2007, the number of prisoners held in the United States quadrupled to 2.3 million, with an additional 5 million on probation or parole. What Ayn Rand once called the “freest, noblest country in the history of the world” is now the most incarcerated, and the second-most incarcerated country in history, just barely edged out by Stalin’s Soviet Union. We’re used to hearing about the widening chasm between the haves and have-nots; we’re less accustomed to contemplating a more fundamental gap: the abyss that separates the fortunate majority, who control their own bodies, from the luckless minority, whose bodies are controlled, and defiled, by the state.

An amazing bit of information from the article is that the US government didn’t even bother collecting statistics about prison violence until 2011. They used the formal complaint rate as a proxy for the actual rate of crime committed behind bars. That was around 800 per year. When they actually started taking note, the more realistic number was produced:

In January, prodded in part by outrage over a series of articles in the New York Review of Books, the Justice Department finally released an estimate of the prevalence of sexual abuse in penitentiaries. The reliance on filed complaints appeared to understate the problem. For 2008, for example, the government had previously tallied 935 confirmed instances of sexual abuse. After asking around, and performing some calculations, the Justice Department came up with a new number: 216,000. That’s 216,000 victims, not instances. These victims are often assaulted multiple times over the course of the year. The Justice Department now seems to be saying that prison rape accounted for the majority of all rapes committed in the US in 2008, likely making the United States the first country in the history of the world to count more rapes for men than for women.

To some — especially on the right — prison rape is considered part of the expected punishment for crimes. Comedians have used the notion for jokes for decades. Perhaps now it’s time to consider that this is actually a state crime against humanity?

H/T to Marginal Revolution for the link.

August 24, 2013

Bradley Manning or Chelsea Manning

Filed under: Humour, Liberty, USA — Tags: , , , — Nicholas @ 09:34

In this week’s Goldberg File, Jonah Goldberg talks about Bradley Manning’s stated desire to transition to be Chelsea Manning:

What is the best time to announce that you want to be treated like a woman? Not wanting to be a woman myself, I can only speculate. But a few possibilities come to mind. First of all, if you are, in fact, a woman. Then there might be a whole panoply of times and situations when making such a request makes sense. Like when a bunch of steak-head dudes try to include you in their fart humor. Or when they challenge you to a chicken-wing-eating contest.

So I’m talking to you dudes right now. When would it make the most sense for a guy to ask to be treated like a woman? When you’re redeeming your coupon at a day spa, maybe? Certainly, if you’re the cowardly sort, when hostage-takers on your flight announce they will release the women and children. Maybe when you’re the only “man” in your Fifty Shades of Grey book club? Or perhaps when the testosterone in the air at BronyCon stings your nostrils. Again these are only guesses. And I’m just going out on a limb here — but my gut feeling is that one circumstance you can cross off your list, one moment when you don’t want to announce you want to be treated like a dame, is when you’re about to spend 35 years in a men’s prison.

Don’t get me wrong. Some dudes can pull it off. For example, this guy (Click it! It’s funny!). But Bradley Manning just doesn’t seem like the kind of fellah that could discriminate successfully among potential suitors and sundry other gentleman callers.

Let me be clear up front, if Bradley Manning wasn’t a treasonous buffoon who materially damaged the United States of America, I’d take it a little easier on him. In fact, I’m a little squishier on this stuff than Kevin Williamson is — and he’s a libertarian.

[…]

That said, I do think that such beliefs can be very, very strongly held. I also think that as we learn more about how humans develop in utero, gender-identity confusion can have a very hard-wired component. A man thinking he’s a woman — or thinking he was supposed to be born as a woman (or vice versa) — isn’t the same thing as dabbling in Marxism in college or thinking that Van Halen was better with Sammy Hagar. It is not purely a conscious choice or matter of taste. As such it deserves some sympathy, respect, and even a little social space.

But you know who else deserves space, sympathy, and respect? The majority of Americans who don’t think the factory installed their parts wrong. For instance, the push to make unisex bathrooms or let gender-confused girls use boy’s rooms and vice versa is quite simply madness.

The vast majority of Americans — straight, gay, black, white, young, old, Christian, Muslim, Jew, Jedi, and atheist — believe that the humans with the dangly bits should use the boys’ bathroom. And yet out in California, the DOJ just settled a suit saying that this very old arrangement must now be revised to accommodate a minority of one person.

Of course I believe in individual rights and liberties. I’ve always believed democracy without guaranteed individual rights is just a clever way to organize a mob (as I like to say, in a pure democracy, 51 percent of the people get to pee in the cornflakes of 49 percent of the people). But we’re talking about a civilization here, and in a civilization you don’t hold the entire culture hostage to the ever-changing whims and desires of a handful of people.

August 16, 2013

The one executive power that Obama doesn’t want to exercise – clemency

Filed under: Law, Liberty, USA — Tags: , , , , — Nicholas @ 09:21

Jacob Sullum on the remarkable lack of use of one executive power the US constitution clearly does grant to the president:

[U.S. attorney general Eric] Holder called upon Congress to reform mandatory minimum sentences and outlined steps the Justice Department will take in the meantime to avoid imposing “draconian” penalties on nonviolent, low-level drug offenders. He said his boss, President Barack Obama, shares his concern about mass incarceration and harsh sentences. But Holder neglected to mention that Obama has the power to free people who do not belong in prison — a power he has exercised just once during almost five years in office.

Article 2, Section 2 of the U.S. Constitution gives the president the unilateral, unreviewable authority to “grant reprieves and pardons for offenses against the United States.” So far Obama, who has not otherwise been shy about pushing executive power to the limit (and beyond), has granted 39 pardons, clearing the records of people who completed their sentences years ago, and one commutation, shortening the sentence of Eugenia Jennings, an Illinois woman who was convicted in 2001 of selling 13.9 grams of crack to a police informant. Obama cut her prison term from 22 years to 10, and she was released in December 2011.

That is an amazingly stingy clemency record for a supposedly enlightened and progressive man who before he was elected repeatedly described our justice system as excessively punitive. While running for president in 2008, Obama promised to “review drug sentences to see where we can be smarter on crime and reduce the blind and counterproductive sentencing of nonviolent offenders.” Yet he has granted commutations at a rate that makes Richard Nixon, who declared war on drugs and campaigned as a law-and-order candidate, look like a softie. Nixon granted 60 commutations, 7 percent of the 892 applications he received, during his 67 months in office, while Obama has granted one out of 8,126, or 0.01 percent, over 55 months.

In fact, according to numbers compiled by P.S. Ruckman Jr., a professor of political science at Rock Valley College in Rockford, Illinois, only three of Obama’s predecessors made less use of the clemency power (taking into account pardons as well as commutations) during their first terms: George Washington, who probably did not have many petitions to address during the first few years of the nation’s existence; William Henry Harrison, who died of pneumonia a month after taking office; and James Garfield, who was shot four months into his presidency and died that September.

August 14, 2013

QotD: Our Postmodern Angst

Filed under: History, Quotations, USA — Tags: , , , — Nicholas @ 00:02

Much has been written about Rachel Jeantel, routinely described as the prosecution’s “star witness” in the George Zimmerman trial, almost as if she were some sort of new-generation civil-rights icon. Jeantel has been variously praised by liberals for her street smarts, and lamented by conservatives as emblematic of the tragic detours of the Great Society. Both agree that in some sense she is a victim of the social forces that for decades now have been forging an underclass.

Perhaps — but from her testimony and her post-trial interviews for hire, we learned that Ms. Jeantel was confident and savvy about using electronic media while at the same time apparently illiterate, given that she could not read “cursive.” Yet whose fault is it that she preferred to post obscenities rather than scroll over to a book? Jeantel’s worldview appears anti-liberal to the core. She admitted that her original testimony under oath was not fully accurate: Trayvon Martin, we now learn, wanted to “whoop ass” and so threw the first blow against Zimmerman. Yet Jeantel did not say that at the trial; she was quite willing to see the defendant convicted on false testimony.

Jeantel was unapologetic about her use of “retarded” as a putdown, her preposterous homophobic accusations that George Zimmerman could have been some sort of crazed gay rapist, and her casual use of slurs like “bitch,” “nigga,” and “crazy ass cracker.” True, Jeantel is impoverished and no doubt “underserved” by a host of government agencies entrusted with providing support to the less well off. Yet by both past American and present global standards, she is not victimized in the sense of suffering hunger, unaddressed health problems, or lack of access to technology.

In today’s topsy-turvy world, we are to emphasize the untruth that Ms. Jeantel is poor in the Dickensian sense, while ignoring the truth that her matter-of-fact worldview is by contemporary liberal benchmarks homophobic, racist, and misogynistic — and entirely contrary to the race-blind meritocracy that a much poorer, much more heroic generation of civil-rights leaders once sacrificed for.

From 1619 to 1865, African-Americans in a large region of North America were enslaved. For the century following the Civil War, they were deprived in the South of civil rights that were supposed to be accorded citizens of the United States, and elsewhere were often subjected to insidious racism. In the last half-century, a vast private effort has sought to change the American psyche while a vast public one has used government resources to attempt to redress racist legacies. These are elemental issues of good and evil that are at the heart of the human experience and must continue to be addressed — but not in the manner of our era of psychodramatic trivialization.

Victor Davis Hanson, “Our Postmodern Angst”, National Review, 2013-08-13

August 11, 2013

The Fort Hood court-martial

Filed under: Law, Military, USA — Tags: , , — Nicholas @ 12:06

Mark Steyn on the trial of Major Hasan for “workplace violence”:

On December 7, 1941, the U.S. naval base at Pearl Harbor was attacked. Three years, eight months, and eight days later, the Japanese surrendered. These days, America’s military moves at a more leisurely pace. On November 5, 2009, another U.S. base, Fort Hood, was attacked — by one man standing on a table, screaming “Allahu akbar!” and opening fire. Three years, nine months, and one day later, his court-martial finally got under way.

[…]

He’s admirably upfront about who and what he is — a “Soldier of Allah,” as he put on his business card. On Tuesday, he admitted he was a traitor who had crossed over from “the bad side” (America’s) to “the good side” (Islam’s). He has renounced his U.S. citizenship and its effete protections such as workplace-violence disability leave. He professes loyalty to America’s enemies. He says, “I am the shooter.” He helpfully informs us that that’s his gun. In this week’s one-minute statement, he spoke more honestly and made more sense than Obama, Gates, Casey, the Armed Forces Court of Appeals, two judges, the prosecution and defense lawyers, and mountains of bureaucratic reports and media coverage put together.

But poor old Hasan can say “Yup, I did it” all he wants; what does he know?

Unlike the Zimmerman trial, Major Hasan’s has not excited the attention of the media. Yet it is far more symbolic of the state of America than the Trayvon Martin case, in which superannuated race hucksters attempted to impose a half-century-old moth-eaten Klan hood on a guy who’s a virtual one-man melting pot. The response to Nidal Hasan helps explain why, in Afghanistan and elsewhere, this war is being lost — because it cannot be won because, increasingly, it cannot even be acknowledged. Which helps explain why it now takes the U.S. military longer to prosecute a case of “workplace violence” than it did to win World War Two.

August 6, 2013

Get used to seeing the term “parallel construction”

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

From Zero Hedge:

Undated documents discovered by Reuters show that federal agents are trained to “recreate” the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial.

“I have never heard of anything like this at all,” is one law professor’s response to the fact that a secretive DEA unit is funneling wiretap, informant, and telephone database information to authorities across the nation in order to launch investigations of Americans (targeting common criminals, primarily drug dealers), “It is one thing to create special rules for national security, ordinary crime is entirely different. It sounds like they are phonying up investigations.”

Agents are instructed to use “normal investigative techniques to recreate the information provided by [the secret DEA source],” and as the documents reveal — “remember that the utilization of [data] cannot be revealed or discussed in any investigative function.”

Stunningly, after an arrest was made, agents then created a “parallel construction” to suggest the information secretly gathered was stumbled up during the course of the investigation — “It’s just like laundering money — you work it backwards to make it clean.” One recently retired federal gent noted, “It was an amazing tool; our big fear was that it wouldn’t stay secret.”

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 22, 2013

The latest revival of the anti-pornography crusade

Filed under: Media, Politics — Tags: , , , , — Nicholas @ 08:10

Laurie Penny explains why the renewed urge to blame pornography for social ills is misplaced:

We’ve been here before. The debate about the causes of sexual violence has been going on since the feminist porn wars of the 1980s, which were both more and less exciting than they sound and involved a great deal of shouting in draughty meeting rooms. The internet is the current culprit, but the arguments against explicit material are exactly the same as they were when the main smut delivery systems were rental videos and grubby mags. In 1981, the writer Ellen Willis noted that “if anti-porn feminists see pornography as a brutal exercise of predatory male sexuality, a form of (and incitement to) violence against women, the right also associates pornography with violence and with rampant male lust broken loose from the saving constraints of God and Family”. Today, the same social conservatives who are cutting child benefit and closing domestic violence shelters still borrow freely from feminist rhetoric about exploitation of women and children when it suits them.

The worst thing about this debate is that it turns a real-world, complex problem into a simple moral choice: porn is either good or bad, right or wrong, and not one shade of grey can be permitted, let alone 50. Having watched a great deal of pornography in the name of research and recreation, I can assure you that not all of it is violent, and indeed that almost any sexual taste, from the placid and petal-strewn to the eyebrow-raisingly reptilian, is catered to online for a modest fee. It is equally true that there is something traumatic about a lot of modern-day pornography, something repressed, violent and deeply involved with a particularly vengeful misogyny that has been on the rise only since women have become more economically independent over the past two generations. Some people like that sort of thing; others have grown up learning it as an erotic script, because sex is fundamentally a social idea. To say that dirty pictures are the problem in themselves, rather than a structure of violent misogyny and sexual control, is to confuse the medium with the message.

One of the most common retorts to the anti-porn alliance is that to campaign against online smut is to do something disgusting and decidedly post-watershed into the wind. The genie of unlimited filth has been let out of its dodgy bottle and no amount of legislation will stop us polishing our lamps.

That’s true, but it’s inadequate. After all, I spend my life, as an idealist and a feminist, arguing that vast, ambitious social change is not only possible but essential. Controlling the consumption of online pornography would require an enormous programme of state and corporate censorship, and the argument against this sort of socio-sexual state control should be not that it is unfeasible, but that it is monstrous. I do not want to live in a world where the government and a select few conservative feminists get to decide what we may and may not masturbate to, and use the bodies of murdered women or children as emotional pawns in that debate.

It is supremely difficult to achieve radical ends by conservative means. Feminists and everyone who seeks to end sexual violence should be very cautious when their immediate goals seem to line up neatly with those of social conservatives and state censors. I believe in a world where violence against women and children is not routine. After all, the idea of a world without sexism is no more unrealistic than getting rid of pornography — and a lot more fun.

It’s useful to keep in mind when claims about pornography being responsible for cases of sexual assault or rape … as the availability of porn on the internet has increased, incidences of violent sexual crimes have been decreasing in most countries. That little fact seems to get omitted when the accusations are being hurled.

Update: Simon Bisson says that the “key to cleaning up the internet is tackling the darknets, not letting censorship in by the back door”.

The latest proposals to lock down the UK internet in the name of preventing child pornography are at best a misunderstanding of how the dark side of the internet works, and at worst a basis for a censorship infrastructure that could make the Great Firewall of China look like a leaky sieve.

In an interview with the BBC, prime minister David Cameron proposed that search engines should block certain terms, warning users of the consequences of searching for those terms.

While that’s all very well, it’s an approach that’s not going to stop the real trade in illegal images — which never touches the big search engines, and hides behind encryption and custom-built networks that Peter Biddle and three other Microsoft engineers christened “darknets” in their 2002 paper. That flaw makes the proposals both misguided and dangerous, as the Open Rights Group notes in its considered response.

The problem facing anyone trying to block child porn or online drug dealing is that it doesn’t happen on the public internet. Online criminals know what they’re doing is illegal, and they’ll take complex precautions to hide their locations and the services.

[…]

While Silk Road is a publicly-known darknet site, there are many, many more that are only known to a small group of trusted individuals, bound together to secrecy in the knowledge that what they are doing is illegal. It’s on sites like those that illegal images and video are traded and shared, and bought and sold.

You won’t find them in the web space your ISP gives you, or through searches on Google or Bing. They’re squirreled away at the end of a DSL line somewhere well away from the jurisdiction of the UK government, in a country with loose regulations, and looser policing. Or worse still, they’re hosted in the fast flux DNS of a bot network, distributed across the unwitting PCs of hundreds or thousands of innocent users.

Stopping the web’s bad guys is not a matter of censoring the internet. That’s impossible. What’s needed instead is an international agreement on notice and take down for illegal content, and on shared intelligence about the servers and services criminals are using, with cooperation on shutting down botnets and cybercrime syndicates.

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 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 3, 2013

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.

June 25, 2013

Maybe crime doesn’t pay after all…

Filed under: Cancon, Law — Tags: , , , — Nicholas @ 08:39

680News reported on a Toronto Police drug investigation that ended up with 35 arrests on various charges. That sounds impressive until you get down to the summary of what contraband was confiscated in “Project Wanted”:

Thirteen grams of crack cocaine were seized, seven grams of marijuana, three grams of heroin, 34 grams of ecstasy. The total street value of the drugs was valued at $5,000. The police also seized $1,710.00.

Unless they managed to flush a huge amount of drugs before being arrested, you’d have to say that these people wouldn’t be listed as “drug kingpins”. And these are not amateurs, either:

Police also allege that the total number of convictions of those arrested is 723. The average number of convictions on each person’s criminal record is 20.

Twenty-seven of those arrested were on bail at the time the crimes were alleged to have happened. Nine were on probation.

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