Quotulatiousness

October 22, 2012

Warren Ellis on celebrity license and the price of silence

Filed under: Britain, Media — Tags: , , , — Nicholas @ 09:20

In his weekly Vice column, Warren Ellis explains how celebrities like Jimmy Savile can set things up to get away with awful things:

My drinking companion had, I think, just finished telling me about this — unless that was someone else, some other time, because, hey, drunk — and, after another drink, said, “and then there’s Jimmy Savile.”

Jimmy Savile, later Sir Jimmy Savile, was a radio DJ, television personality and tireless charity worker, raising many millions for causes like the storied children’s ward at Stoke Mandeville hospital. He was still best known for his TV show Jim’ll Fix It, where he made dreams come true for kids all over the country.

“Jim’ll fuck it,” said this person I was with. “Jimmy Savile’s a nonce.” If you had the misfortune to grow up outside God’s Own Country, “nonce” is a term for paedophile.

“Bullshit,” I said. “Jimmy Savile’s been around forever. He would have gotten caught. Radio 1 Roadshows? Doing Top Of The Pops on TV since the dawn of fucking time?”

“What do you think the price of silence is?”

“What? How could he not get caught? He looks like a nutter. Dripping in gold chains, long silver hair, shiny tracksuits, gurning at cameras with his ‘now then, now then’ like he’s a fucking glam rock Yorkshire miner? Bollocks.”

Update:

October 15, 2012

A “violence tax” that would only fall on the non-violent

Filed under: Law, USA — Tags: , , , , — Nicholas @ 10:40

Steve Chapman on a recent proposal that will penalize the non-violent for violence in their community:

For urban politicians, gun control is like the bar in Cheers — a place of refuge they can seek out whenever things aren’t going well. Things aren’t going well on the crime front in Chicago, with homicides up 25 percent this year. So what else can our elected leaders do but promise action against guns?

Action against the possession and use of guns by violent felons would be a good idea, but the proposal offered by Cook County Board President Toni Preckwinkle is something else: a penalty on nonviolent citizens who bear no blame for the carnage.

Preckwinkle suggested a tax on sales of firearms and ammunition, with the goal of defraying the costs that gunshots create for the county hospital and jail. Her spokesperson couldn’t say what the tax rate would be or how much revenue it would yield but said the fee would be “consistent with our commitment to pursuing violence reduction in the city and in the county.”

[. . .]

The levy was dubbed a “violence tax,” which is exactly what it isn’t. It would not target criminals who have malice in mind, but would fall entirely on the law-abiding.

Anyone convicted of a felony, after all, is ineligible for an Illinois Firearm Owner’s Card, which is legally required to buy guns or bullets. Under federal law, felons are barred from owning guns. So ex-con gang members would not pay the tax, because they make all their purchases in the illegal market. It would hit only those gun owners who have used their firearms responsibly.

October 10, 2012

Defending the rights of the accused (even when the accused are “clearly guilty”)

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 10:41

Ken White doesn’t like the way the criminal justice system is criticized on the basis of “feelings”, rather than the facts. In a recent case that the media has reported on as a travesty of justice, he defends the process by which the decision was reached.

Blogger “Gideon” writes at A Public Defender and is, in fact, a public defender. That is to say, Gideon works every day under lousy conditions, inadequate funding, and impossible odds to provide a vigorous defense to people accused of crimes who can’t afford a lawyer — people who, absent vigorous representation, will be ground up by the system, guilty or innocent. God bless Gideon for that. Gideon has been waging a lonely battle to explain what Fourtin v. Connecticut actually means.

As Gideon explains at length […], prosecutors made the strange and probably incompetent tactical decision to charge Fourtin under an infrequently used subsection of the Connecticut rape statute, a subsection that only applies to sexual assault of someone who is “physically helpless.” What the Supreme Court of Connecticut found was not that “if a severely handicapped person could resist but doesn’t, its not rape.” What the Court found was that this victim — who, though severely handicapped, could move and resist — was not “physically helpless” within the meaning of the statute, which is narrowly confined to people who are “unconscious or for some other reason physically unable to communicate lack of consent.” The Court found that the evidence showed that the victim could communicate lack of consent, and thus wasn’t “physically helpless” under the statute. The Court also repeatedly criticized the prosecutor’s decision to charge the case under this particular statute (rather than, for instance, under another subsection that could have applied because the victim was so mentally impaired that she was “unable to consent to such sexual intercourse”), and failure to offer evidence of state’s latecoming theories under this statute.

I’m outraged that the prosecution made a lousy and seemingly inexplicable call. I’m outraged that someone who sexually assaulted a profoundly handicapped woman goes free because of incompetence. But I’m not outraged that the state has to prove that you’re guilty of the specific crime you’re charged with to put you in prison. That’s fundamental to due process. “Well, hell, he didn’t do what he’s charged with, but he did something else awful” is tyrannical. I’m more afraid of the state’s ability to make it up as they go along in a criminal case than I am of criminals going free. As a criminal defense attorney, I know that it would be impossible to defend clients if the government could throw on their case and then ask the judge to find a statute that fits, instead of charging defendants with a specific crime and then proving that crime. As Gideon points out, the Sixth Amendment gives you the right “to be informed of the nature and cause of the accusation” against you. “You’re a criminal, we’ll figure out what statute you violated after we see how the evidence turns out at trial” is not due process.

October 5, 2012

Apparently only Christians go to prison in Canada

Filed under: Cancon, Law, Religion — Tags: , , — Nicholas @ 10:29

At least, that’s the most charitable interpretation of this move by the federal government:

The federal government is cancelling the contracts of non-Christian chaplains at federal prisons, CBC News has learned.

Inmates of other faiths, such as Muslims, Sikhs, Buddhists and Jews, will be expected to turn to Christian prison chaplains for religious counsel and guidance, according to the office of Public Safety Minister Vic Toews, who is also responsible for Canada’s penitentiaries.

Toews made headlines in September when he ordered the cancellation of a tender issued for a Wiccan priest for federal prisons in B.C.

Toews said he wasn’t convinced part-time chaplains from other religions were an appropriate use of taxpayer money and that he would review the policy.

In an email to CBC News, Toews’ office says that as a result of the review, the part-time non-Christian chaplains will be let go and the remaining full-time chaplains in prisons will now provide interfaith services and counselling to all inmates.

According to the report, 57% of inmates are Christian. I smell a charter challenge to this ruling.

October 4, 2012

Claim: more women die of domestic violence than cancer

Filed under: Law, USA — Tags: , — Nicholas @ 12:43

A friend of mine posted this claim on Twitter earlier today and it struck me as being incredibly unlikely. A quick Google search turns up the following numbers for causes of death in the United States in 2009 (total 2,437,163):

  • Heart disease: 599,413
  • Cancer: 567,628
  • Chronic lower respiratory diseases: 137,353
  • Stroke (cerebrovascular diseases): 128,842
  • Accidents (unintentional injuries): 118,021
  • Alzheimer’s disease: 79,003
  • Diabetes: 68,705
  • Influenza and Pneumonia: 53,692
  • Nephritis, nephrotic syndrome, and nephrosis: 48,935
  • Intentional self-harm (suicide): 36,909

If we assume that exactly half the reported deaths from cancer are women, that says 283,814 women died of various forms of cancer in 2009. How does that stack up against the murder statistics (which would include domestic violence along with all other killings)?

13,636

One of these numbers is not like the other (and of the reported 13,636 homicides, 77% of the victims were male).

This is not to diminish the dangers of domestic violence, but throwing out numbers as my friend did doesn’t actually help the situation.

October 3, 2012

“The stereotype is so strong, that when you look at the actual data, you’re shocked”

Filed under: Cancon, Law — Tags: , , — Nicholas @ 09:26

In the National Post, Tom Blackwell finds the common stereotype on domestic violence at variance with the facts:

Conventional wisdom suggests that women usually kill their spouses in self defence or as a final, desperate reaction to chronic battery, the burning-bed syndrome that is sometimes cited as a defence in murder trials. A new Canadian study, however, suggests that barely a quarter of husband-killers are victims of domestic abuse, less than half suffer from any identified psychological problem, and fewer still have had trouble with police.

[. . .]

To Don Dutton, a UBC psychology professor who has examined domestic violence for decades, the results of the new study are no surprise, despite what he called an erroneous understanding of “intimate-partner” assault that continues to prevail in society.

“We’ve got a stereoptye about domestic violence … that the oppressor or perpetrator is the male and when female violence happens, it’s a reaction against male violence,” he said. “The stereotype is so strong, that when you look at the actual data, you’re shocked.”

Prof. Dutton, author of the book Rethinking Domestic Violence, suggested that such assumptions evolved from the feminist view that family violence was a socio-political act of “patriarchal men suppressing women.” He argues instead that personality disorders in both male and female offenders better explain family violence than do social norms.

Prof. Dutton, not involved in the Quebec research, cited a number of studies in the United States that concluded the most common type of domestic violence was not abuse of women by men, but “bilateral” violence where both spouses hurt each other with similar severity.

September 19, 2012

Jacob Sullum on the legacy of Thomas Szasz

Filed under: Health, Law, Liberty — Tags: , , , — Nicholas @ 08:48

Jacob Sullum‘s post on the influence the late Thomas Szasz had and continues to have:

The idea that psychiatry became scientifically rigorous soon after Szasz first likened it to alchemy and astrology is hard to take seriously. After all, it was not until 1973 that the American Psychiatric Association (APA) stopped calling homosexuality a mental disorder.

More often, psychiatry has expanded its domain. Today it encompasses myriad sins and foibles, including smoking, overeating, gambling, shoplifting, sexual promiscuity, pederasty, rambunctiousness, inattentiveness, social awkwardness, anxiety, sadness, and political extremism. If it can be described, it can be diagnosed, but only if the APA says so.

[. . .]

For more than half a century, Szasz stubbornly highlighted the hazards of joining such a fuzzy, subjective concept with the force of law through involuntary treatment, the insanity defense, and other psychiatrically informed policies.

Consider “sexually violent predators,” who are convicted and imprisoned based on the premise that they could have restrained themselves but failed to do so, then committed to mental hospitals after completing their sentences based on the premise that they suffer from irresistible urges and therefore pose an intolerable threat to public safety. From a Szaszian perspective, this incoherent theory is a cover for what is really going on: the retroactive enhancement of duly imposed sentences by politicians who decided certain criminals were getting off too lightly — a policy so plainly contrary to due process and the rule of law that it had to be dressed up in quasi-medical, pseudoscientific justifications.

Szasz specialized in puncturing such pretensions. He relentlessly attacked the “therapeutic state,” the unhealthy alliance of medicine and government that blesses all sorts of unjustified limits on liberty, ranging from the mandatory prescription system to laws against suicide.

September 18, 2012

Jaywalking in LA County: a capital offence

Filed under: Law, Liberty, USA — Tags: , , , — Nicholas @ 11:06

A very disturbing story at the Simple Justice blog:

Jonathan Cuevas was a jaywalker. That’s right, a jaywalker. And jaywalking is an offense. This means that those who are of the view that the simple solution to whatever stems from the commission of an offense is, by definition, justified. After all, Cuevas chose to jaywalk. He chose to commit the offense. So he has no one to blame for his killing than himself.

And if this is what you think, then you have lost any shred of humanity.

[. . .]

The gun is a red herring. Notwithstanding the fact that the video fails to show anything remotely suggesting that Cuevas pulled it on the unnamed deputy, and despite the absurdity of such a claim, he was shot, again and again, in the back as he ran away. There is no theory to explain an officer in fear from a person’s back as he ran away. This, of course, didn’t stop the police from asserting with absolute certainty that it happened.

Yet, there is not only a lack of focus on what is clearly shown in the video, but the possibility that it was wrong to execute Jonathan Cuevas for the heinous offense of jaywalking was dismissed because the police and district attorney “investigated.” After all, if they investigated and decided that this was a righteous shoot, what more is there to say?

September 3, 2012

The great maple syrup heist must have been an inside job

Filed under: Business, Cancon, Food — Tags: , , , — Nicholas @ 10:02

The first time I heard about Quebec’s strategic maple syrup reserve was when someone made off with a quarter of the province’s sweet, sticky liquid:

On Friday, news broke that thieves had stolen $30 million dollars worth of Quebec’s strategic maple syrup reserves. Much as the United States keeps a stock of extra oil buried in underground salt caverns to use in case of a geopolitical emergency, the Federation of Quebec Maple Syrup Producers has been managing warehouses full of surplus sweetener since 2000. The crooks seem to have made off with more than a quarter of the province’s backup supply.

[. . .]

But harvesting maple is a fickle business, and that makes expanding the industry tricky. The trees need cold nights and mildly warm days to yield sap, meaning production can vary greatly year to year based on the weather. That’s a potential problem for the big syrup buyers, whether they’re bottlers or large food companies that make cookies or cereal. Quaker can’t pour a bunch of time and money into developing a maple-and-brown-sugar-flavored version of Life, only to find out it won’t be able to get enough of its ingredients, or that they’ll have to pay through the nose for each liter of syrup.

H/T to Nicholas Packwood for the link.

August 29, 2012

Brendan O’Neill on the rape debate

Filed under: Britain, Law, Politics — Tags: , , — Nicholas @ 09:09

Always willing to take a contrarian stand, Brendan O’Neill refutes the very common meme:

In the words of Salma Yaqoob of Galloway’s Respect party, “rape occurs when a woman has not consented to sex”. Or in the widely reported phrasing of a spokesperson for Rape Crisis, “Sex without consent is rape”.

This sounds correct. It seems simple yet right to assert that if a woman has not consented to sex, then rape has occurred.

But it is wrong. More than that, the idea that all “non-consensual sex is rape”, as Galloway himself has now said in his clarification of his defence of Assange, represents a dangerous rewriting of what rape really means.

Feminists always focus on the state of mind of the woman or women involved in an alleged rape and disregard the state of mind of the man.

This is a terrible error, because in order for rape to have occurred, it is not enough to prove that the woman did not consent; we must also surely prove that the man knows she did not consent, or was utterly reckless as to the question of her consent, and carried on regardless.

That is, rape must involve an intention on the part of the man to commit rape. The man must have a guilty mind — or what is referred to in law as mens rea — in the sense that he knows he is committing rape. In leaving out this key component of rape, feminists are not only undermining the meaning and gravity of this crime — they are also displaying a cavalier disregard for some of the key democratic principles of the modern legal system.

August 20, 2012

Why scam artists will never miss a meal

Filed under: Business, Economics — Tags: , — Nicholas @ 15:59

Megan McArdle on the perpetual lure of getting something for nothing:

…fraudsters and Ponzi schemers do not succeed at their scams merely because we let them. Recent financial frauds have big dollar signs attached, but at their heart, they’re often not much different from Nigerian email scams or a three-card monte game. They work best when they let the mark believe he’s getting away with something — often something illegal, or at least dishonest. It’s an old saw that “you can’t cheat an honest man,” but it’s mostly true. We are most vulnerable to Ponzi schemes and other confidence tricks when we start to believe that we can cheat the universe — that we can get something for nothing. The best con men succeed mostly because we are so desperate to believe them.

Even spectacular cases of financial fraud usually turn out to be remarkably banal in their execution. Embezzling grotesque sums rarely seems to require dazzling financial wizardry; all it takes is some basic clerical skills and a willingness to deceive.

After Peregrine Financial imploded last July, the firm’s president, Russell Wasendorf, confessed in a note related to a botched suicide attempt how he had misappropriated what seems to be more than half of his clients’ funds. The fraud was breathtaking in its audacity, and its simplicity: Wasendorf had been intercepting the bank statements and counterfeiting new ones using Photoshop and Excel. When auditors and regulators started confirming balances with banks, Wasendorf opened a P.O. box and put the address on the fake bank statements. When regulators started looking at online banking statements, he learned to fake those, too.

Bernie Madoff’s strategy wasn’t much more technically sophisticated than Wasendorf’s. And yet it seems to have been going on since at least the late 1980s, in large part because Madoff’s investors wanted an essentially guaranteed return of more than three times the annual rate of U.S. economic growth. They wanted, in short, to make quite a lot of money without working.

August 10, 2012

Drink some rainwater, go to jail

Filed under: Environment, Law, Liberty, USA — Tags: , , , — Nicholas @ 11:09

A 1925 law still applies in Oregon:

You just can’t make this stuff up. A man in Oregon is currently in jail serving a thirty day term – along with a $1500 fine – for collecting rainwater and snow melt on his own property for drinking and household use. You think I’m kidding? I’m not.

    Gary Harrington, the Oregon man convicted of collecting rainwater and snow runoff on his rural property surrendered Wednesday morning to begin serving his 30-day, jail sentence in Medford, Ore.

    “I’m sacrificing my liberty so we can stand up as a country and stand for our liberty,” Harrington told a small crowd of people gathered outside of the Jackson County (Ore.) Jail.

H/T to Jon, my former virtual landlord, who said “This is just a little weird […] But does the fact that I can see the point of the law — preventing people from messing with a watershed area, I guess — mean that I’ve consumed the nanny state kool-aid?”.

July 19, 2012

Multiculturalism and suttee in the Raj

Filed under: Britain, History, India, Law, Religion — Tags: , , , — Nicholas @ 10:30

ESR on a famous incident in British India in the 1840s:

The first lesson is for the various sorts who call themselves “multiculturalists” and “moral relativists”. Napier showed us that these ostensibly liberating doctrines actually translate into “might makes right” — that, in the absence of a common normative ethical framework, disputes about “custom” will be won by the tribe with the most ability and will to use force.

The second lesson is for people who, having noticed than relativism and multiculturism are a road to ruination and blood, then argue that we must fall back on religion as the only possible source of truly universal ethical norms (If God is dead, is anything permissible?). Notice that the would-be widow-burners are priests? The “custom” they are arguing for is exactly their bid in the game of if-you-accept-my-religious-premises.

Napier, in promising those priests a hanging, says nothing of any religious counter-conviction of his own. And it would make no difference to the lesson if he had — except, perhaps, to underline the point that religion is just another form of tribal particularism and thus fundamentally unable to lift us away from the bloody muck of might-makes-right.

July 18, 2012

Toronto’s gun problem

Filed under: Cancon, Media — Tags: , , , , , — Nicholas @ 13:41

No, not a problem with guns per se, but a problem with the image of guns. Jonathan Kay tries to do a quick psycho-analysis of Toronto’s issue here:

The primary tragedy of urban gun violence is, of course, that it kills people — including 14-year-old Shyanne Charles and 23-year-old Joshua Yasay, who were slain in Scarborough this week. A secondary ill effect is that it produces paralyzing anxiety in millions of otherwise unaffected people, largely thanks to sensationalistic media reporting that encourages the idea we are all inhabiting some kind of anything-goes “war zone.” As I’ve written before, gun violence in Toronto is largely confined to a small set of areas, and a small set of social and criminal contexts. For the average citizen, the chance of suicide or death-by-domestic-battery is much, much higher than the chance of becoming collateral damage in a gang killing.

But it’s not hard to figure out why scared housewives are canceling their zoo trips when the Toronto Star is blaring out headlines like “Mass shooting on Danzig puts the lie to Toronto’s ‘safe city’ mantra.”

Combine that headline with the lurid, disturbingly blood-fixated Rosie DiManno column that sits under those words, and a clear message emerges: Torontonians have been living in a dream world, going about their parenting and work lives in blissful ignorance of the warring gangs who are probably just around the corner, ready to march up the street, spraying the whole area with machine gun fire. Even the lemur isn’t safe: They’ll probably shoot him, too.

As I’ve noted, Chicago — a city with a population close to Toronto’s 2.6-million — witnesses about 10 times as many murders every year as Hogtown. And as Marni Soupcoff wrote earlier this week, tiny Detroit has had 184 murders this year, compared to Toronto’s 28. To repeat what’s been written: Among the American cities that witnessed more murders than Toronto in 2011 were Nashville (pop. 616,000), Tulsa, Okla (pop. 393,000), and Stockton, Cal. (292,000). In per-capita terms, Toronto has a substantially smaller homicide problem than Winnipeg and Edmonton.

And one must remember that Toronto has a unique view of itself and its role in the world:

Another factor is Toronto’s bizarrely inflated view of itself as a civic nirvana, to which the rest of the world is constantly gazing as a sort of Light Unto Cities. When anything bad happens, we naturally assume that the entire planet is gasping in horror and disappointment. In 2010, for instance, when a few dozen windows got broken at the G20 Summit here, Canadian journalists truly believed that the news would make banner headlines on other continents — and that we would have a “black eye” that would last for generations.

Regarding the shootings in Scarborough, this Reddit item is worth reading.

Update: Margaret Wente in the Globe and Mail:

… In certain neighbourhoods, a war is on. It’s a war against peace and order waged by the forces of social disintegration. It’s the same war that killed Jane Creba in 2005, two people at the Eaton Centre last month and dozens of other victims who happened to be in the wrong place at the wrong time. The single most significant root cause is not guns or crummy housing or racism or inadequate policing or lenient sentencing or lack of jobs or insufficient social programs. It is family and community breakdown. Most especially, it’s absent fathers.

Social programs are essential. But all the social programs in the world can’t make up for family disintegration.

[. . .]

Family disintegration is not a racial problem. It is an underclass problem. The evidence is plain that children born to unmarried women – of whatever race – do much worse than children with two married parents. They’re less likely to succeed in school and more likely to turn to violence (boys) and promiscuity (girls). The easiest way for them to feel like someone is to grab a gun or have a baby.

So by all means, let’s redevelop public housing, strengthen our policing, hire more youth workers, launch more employment programs, start more basketball programs, help young mothers finish school and teach them how to read to their kids. It makes us feel good to focus on these things because they are things we can actually do something about, and maybe they will make a difference. But let’s not kid ourselves: They’re Band-Aid solutions.

We have a million euphemisms for what’s gone wrong in our so-called “priority” neighbourhoods, a splendidly euphemistic term that has replaced “at-risk,” “disadvantaged,” “underprivileged” and “poor.” By now, it should be obvious that material poverty is not the problem – not when every kid in a priority neighbourhood has a cellphone and a flat-screen TV. Their poverty is of a different, more corrosive kind: a poverty of expectations, role models, structure, consistency, discipline and support.

Even our euphemisms have euphemisms these days. They do nothing to solve the problem, but they allow the problem to be discussed at such a distance from reality that the lack of solution is generally hidden from view.

Until the next shooting.

July 9, 2012

Adrian Peterson on his arrest, sort of

Filed under: Football, Law, Liberty, Quotations, USA — Tags: , , , , , — Nicholas @ 08:06

The first word directly from Adrian Peterson after his arrest in Houston this weekend:

H/T to Christopher Gates at the Daily Norseman.

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