Quotulatiousness

July 8, 2012

Apparently in Texas you can be arrested merely for “resisting arrest”

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

In what must be the worst kind of news for Minnesota Vikings fans, star running back Adrian Peterson was arrested early Saturday morning for … resisting arrest. ProFootballTalk has the report:

A source with knowledge of the situation tells PFT that the incident culminating in Peterson’s arrest was captured by one or more surveillance cameras. Multiple persons also witnessed the event.

According to the source, Peterson, his girlfriend, and some family members were at a nightclub in Houston. At closing time, a group of police officers entered the club, and they began instructing the remaining patrons to leave.

Peterson wanted to get some water before he left, but an officer told Peterson that he needed to leave. Some words apparently were exchanged, but Peterson eventually walked to the exit with one of the club’s bouncers.

It’s believed that one of the officers then jumped on Peterson’s back from behind and tried to take him down. (Key word: “tried.”) Other officers then joined the fray and completed the arrest.

Peterson was charged with resisting arrest, which implies he was being arrested for something else. He is charged for now with no other crime.

I was under the vague impression that to be charged with “resisting arrest” you’d have to already be wanted by the police for doing something that warranted arrest. Based on the initial reports, it doesn’t sound like Peterson did anything before he was arrested to justify arresting him … unless it’s a case of a police officer deciding that he’d been disrespected. We’ll have to wait until more of the information becomes available.

Update: Contrasting with the initial report, Dan Zinski of The Viking Age says Peterson was “heavily intoxicated” at the time:

More on Adrian’s incident, and this isn’t flattering. The general manager of the club where Adrian Peterson was arrested after allegedly pushing an off-duty cop has told website TMZ that the running back was “heavily intoxicated” at the time of the incident. A police report says Peterson became belligerent after he and his companions were told the leave the bar, and ended up being subdued by three officers.

Live at Bayou Place general manager Daniel Maher says Peterson tried to order one last drink after being told to leave, and after being denied, tried to intimidate the bartender into giving him the drink anyway. It was at this point that Maher himself intervened, but Peterson refused to listen to him. The off-duty cop then broke in and was shoved by Peterson, leading to the Viking being hauled in for a misdemeanor A count of resisting arrest.

Update the second: At Viking Update, John Holler provides a bit of background (which may or may not be relevant to this particular case, but is interesting anyway):

The interesting aspect of the Peterson incident is that the only charge he was hit with was resisting arrest. He wasn’t charged with assaulting an officer. Had he actually shoved a policeman to the point that he “stumbled,” it would seem logical that charges of assaulting of an officer would also have been leveled. Therein lies the need to hear both sides of the story.

I come from a different perspective than most on this type of subject. I have been involved with “bouncer dust-ups” on the wrong side. Yet, three of my best friends are or were cops. I could accurately be accused of being “cop-friendly.” Of the numbers saved in my phone, a half-dozen of them are cops. When they’re “moonlighting,” it’s a night off for them. The odds of them getting shot as the result of a meth-addled domestic abuse call are out of the question. In those situations, they are truly “in charge.” And they like it that way.

When a bouncer (cop or otherwise) is working “his turf,” he can be aggressive. Very aggressive. As tenuous as life is in the NFL, the reality is that “hired muscle” at a nightclub can’t lose if he gets in a dust-up with a drunken patron. Whether an off-duty policeman, a local college football player or just a big guy who casts an imposing shadow, “security” at a big-time nightclub is expected to quell all problems — exceptions not allowed.

In order to do so, off-duty cops (trust me when I tell you that they’re never truly off-duty) aren’t going to take any guff from anyone. They have the experience. They have the sobriety advantage.

If the Peterson matter actually goes to court — the smart money would say that only a hard-core prosecutor would push the case — it will be destroyed by competent legal representation on Peterson’s behalf.

June 12, 2012

Stop worrying about the approaching police state: it’s already here

Filed under: Law, Liberty, Media, USA — Tags: , , , , — Nicholas @ 13:18

I saw Twitter updates about this, but I assumed it was an Onion story that someone didn’t recognize as being from a parody news site. I was wrong:

The police state is not only here — it is being welcomed with open arms.

Exhibit A: In Aurora, Colorado, police searching for suspected bank robbers locked down an entire intersection, dragooned 40 random motorists out of their cars at gunpoint, handcuffed them and “asked” for permission to search their vehicles. [. . .]

Naturally, no one refused permission.

The action itself is startling: 40 people, guilty of nothing more than proximity, of being in the same general area where a suspected criminal might also be, are literally pulled from their vehicles, shackled and detained for more than two hours — even after it was obvious they were guilty of no crime at all.

Even more startling, however, than these over-the-top tactics is the fact that (apparently) every one of these 40 innocent people complied without a peep of protest. Not one said: “I’m sorry officer, but unless I’ve committed a crime I’d like to be free to go about my business.” Not one said, “I do not consent to any searches.”

None put up a fuss when the cuffs came out.

One woman interviewed by ABC News clucked happily: “Yeah, we all got cuffed (laugh) until they figured out who did what.” No doubt this woman will not object when a gang of armed men kicks in her door, invades her home and holds her family at gunpoint until they figure out who did what. After all, there are criminals about. They could be anywhere. Which means, anything is justified.

In the words of one ABC News blogger, “Sounds like the police did their job — and did it exceptionally well!” And another: “I think the police did a great job in an unusual circumstance and protected the people of the city from a dangerous criminal. Those people should praise the police, not sue them!”

It’s amazing that none of these people who were the victims of an insane amount of police overreaction seem to feel that the police did anything wrong. There must not be a civil liberty equivalent of the ambulance-chasing lawyer.

June 2, 2012

The end of a weird week in Canadian journalism

Filed under: Cancon, Media — Tags: , , , , , , — Nicholas @ 10:26

David Akin on all the unusual happenings over the past week:

I suspect Alex felt that way because he and his staff had to deal with a) the ongoing battle between students and Premier Jean Charest b) a grisly murder that forced police in Montreal to issue an international warrant for kitten-killing gay porn star Luka Magnotta c) a freak rain storm that put 70 mm of water on the ground in 30 minutes pretty much flooding most of downtown Montreal for an afternoon. But enough of that, let’s get to God using a bear to deliver God’s own brand of justice [. . .]

“The corpse of a man eaten by a B.C. bear was that of a convicted killer, officials have confirmed.”

[. . .]

“46 mm of rain in half an hour floods Montreal.”

[. . .]

On Friday, heavy rain would contribute to flooding which would end up flooding and shutting down Toronto’s Union Station on Friday causing commuter chaos

[. . .]

The Montreal flash floods occurred as Quebec Premier Jean Charest was trying to broker a deal with post-secondary students who have been “on strike” for more than 3 months because they don’t want to pay an extra $350 or so a year in tuition — over five years. Charest has been over-patient. The students have been, as they say on St. Urbain Street, “stiff-necked”. So the two sides met and then talks broke down.

All that, plus the kitten-killing, body dismembering fugitive porn star…

May 25, 2012

Ottawa assault and robbery victim spent 75 days behind bars after 911 call

Filed under: Cancon, Law — Tags: , , — Nicholas @ 08:57

The Ottawa police have promised an investigation into this weird miscarriage of justice:

Ottawa police are investigating how an elderly victim of a vicious attack in his home ended up spending 75 days in jail after calling 911 for help.

Marian Andrzejewski, 74, called 911 after two men broke into his Ottawa apartment in October 2010, robbed him and punched him repeatedly.

But instead of getting help, Andrzejewski was scolded by the dispatcher when he struggled to communicate in broken English and ended up in handcuffs himself when police finally arrived.

H/T to Mike Brock for the link.

May 21, 2012

Obama’s drug warrior stance would have destroyed the life of a young Obama if he’d been caught

Filed under: Law, Liberty, USA — Tags: , , , , , , — Nicholas @ 11:07

What troubles me about this… I think it’s beyond hypocrisy. I think it’s something to do with class. A lot of people have accused Obama of class warfare, but in the wrong direction. I believe this is Obama chortling with Jimmy Fallon about lower class people. Do we believe, even for a second, that if Obama had been busted for marijuana — under the laws that he condones — would his life have been better? If Obama had been caught with the marijuana that he says he uses, and ‘maybe a little blow’… if he had been busted under his laws, he would have done hard f*cking time. And if he had done time in prison, time in federal prison, time for his ‘weed’ and ‘a little blow,’ he would not be President of the United States of America. He would not have gone to his fancy-a** college, he would not have sold books that sold millions and millions of copies and made millions and millions of dollars, he would not have a beautiful, smart wife, he would not have a great job. He would have been in f*cking prison, and it’s not a god damn joke. People who smoke marijuana must be set free. It is insane to lock people up.

Partial transcript from the Huffington Post.

May 18, 2012

Conservative arguments for legalization of marijuana

Filed under: Cancon, Economics, Law, Liberty — Tags: , , , — Nicholas @ 00:02

Frances Woolley at the Worthwhile Canadian Initiative blog:

Milton Friedman — Nobel Laureate in Economics and adviser to Ronald Reagan — supported legalizing and taxing marijuana. Stephen Easton’s classic paper advocating marijuana legalization was published by the Fraser Institute. Why do so many right-leaning economists favour marijuana legalization?

Conservative economists typically believe that a person is a best judge of what is in his or her own interests. From this premise it follows that the government should not try to constrain or influence people’s behaviour. Yes, marijuana use has well-documented negative side effects, from memory loss to male breast growth. Yet if fully informed individuals decide that these personal costs are worth accepting for the benefits that marijuana use brings, the government should respect that choice. As Willie Nelson says “I smoke pot and it is none of the government’s business.”

[. . .]

Another reason for conservatives to favour legalization and taxation of marijuana is that they do not like paying taxes. Criminalization costs. According to a 2005 US study, legalization would save state and local governments $5.3 billion annually in reduced enforcement costs, while the federal government would gain another $2.4 billion federally. Locking up people for possession of a small amount of marijuana is a waste of resources, and good fiscal conservatives deplore waste.Taxing marijuana would be a money-maker: $6.2 billion annually, if marijuana were taxed at rates similar to those on alcohol and tobacco, according to this same 2005 report.Those revenues could be used to reduce deficits, or fund reductions in the taxes paid by conservative economists.

Conservatives have lots of good reasons to favour legalization. The people who should be fighting legalization are the small scale growers: little family-run organic pot farms wouldn’t stand a chance against industrial scale agri-business.

May 4, 2012

Conrad Black is now, in Margaret Atwood’s words, “a very informed and outspoken commentator on prison reform”

Filed under: Cancon, Law, Media, USA — Tags: , , , — Nicholas @ 00:09

Margaret Wente on the return of Conrad Black:

Margaret Atwood is delighted that Conrad Black is coming back to Canada. “He has a lot to say and contribute,” she e-mailed from New York on Wednesday. But she thinks the Harper government may not be delighted. Lord Black, she notes, “is now a very informed and outspoken commentator on prison reform, and does not think the government’s expensive mega-jails plan will work.”

Believe it or not, Ms. Atwood and Lord Black have become BFF. When Payback, her book on debt, came out in 2008, he gave it a favourable review from his jail cell. She likes his book too. “Conrad Black’s A Matter of Principle is a fascinating, erudite, & defiant prison memoir — must-read for lawyers, politicos, & gossips alike!” she tweeted after it came out last fall. Lord Black even made a guest appearance in the new documentary based on her book. At the premiere, she declared that he is “a new and different kind of Conrad.”

[. . .]

During his 37 months as a guest of the U.S. Federal Bureau of Prisons, Lord Black experienced several jailhouse conversions. Most notably, he became an impassioned advocate for prison reform. U.S. prisons, he argues, are full of millions of innocent, near-innocent, impoverished, unlucky wretches who are victims of “the carceral state.” He is convinced that the war on drugs is an abject failure, and he has called the Harper government’s crime policies “sadistic and malicious.” Not even Mr. Mulcair went that far.

Lord Black has also fallen out of love with the United States, a nation he once idolized. “Its greatness survives, certainly, despite chronic misgovernment, but my affection for it has faded,” he has written. Last fall he wrote that after his release, “I will leave the United States forever, all passion spent.” He has also rekindled a genuine appreciation for Canada, a nation he harshly criticized for years. The rapacious capitalism he once celebrated is less attractive to him now. He seems to have developed — dare I say it? — a social conscience.

April 23, 2012

Yet another New Orleans Saints scandal

Filed under: Football — Tags: , , , — Nicholas @ 15:21

A new report at the ESPN website:

The U.S. Attorney’s Office in the Eastern District of Louisiana was told Friday that New Orleans Saints general manager Mickey Loomis had an electronic device in his Superdome suite that had been secretly re-wired to enable him to eavesdrop on visiting coaching staffs for nearly three NFL seasons, “Outside the Lines” has learned.

Sources familiar with Saints game-day operations told “Outside the Lines” that Loomis, who faces an eight-game suspension from the NFL for his role in the recent bounty scandal, had the ability to secretly listen for most of the 2002 season, his first as general manager of the Saints, and all of the 2003 and 2004 seasons. The sources spoke with “Outside the Lines” under the condition of anonymity because of fear of reprisals from members of the Saints organization.

[. . .]

Under Article No. 9 of the Constitution and Bylaws of the NFL, which lists “Prohibited Conduct,” the league specifically bans the use of “…videotape machines, telephone tapping or bugging devices, or any other form of electronic device that might aid a team during the playing of a game.”

“That would be a stupendous advantage if you had that,” said Rick Venturi, who was the team’s defensive coordinator during the period the sources said Loomis could eavesdrop on opposing coaches.

“That’s shocking,” Venturi said, when told of the allegations. “I can tell you if we did it, nobody told me about it. … Nobody ever helped me during a game.”

April 21, 2012

Lazy reporting, ignorance, and an agenda to advance: Breivik and computer gaming

Filed under: Gaming, Media — Tags: , , , — Nicholas @ 00:05

John Walker points out how many headline writers and reporters seem to be gleefully eager to pin Breivik’s horrific crimes on computer games:

It’s pretty relevant to note much of what the killer said in his opening statements, in which he described secret societies, battles for purity, global conspiracy, and refused to recognise the jurisdiction of the courts. Very few press outlets took his comments at face value nor reported them as fact, strangely enough, but rather pointed out that he was either mad, or trying to appear mad. Now he has told the courts that he played World Of Warcraft for apparently 16 hours a day for a year, and saw Modern Warfare 2 as a police-shooting simulator, and not only is the press at large taking it as fact, but most are twisting Breivik’s words to their own interests. Something has gone very wrong when the horror of his actions is being used to fuel irrelevant agenda.

Yesterday Britain’s Daily Telegraph spoke to Oslo University professor of sociology, Thomas Hylland Eriksen, who believes that one factor that “hasn’t sufficiently been taken into account” was Breivik’s so-called “fascination” with World Of Warcraft. Because Breivik likes order and doesn’t like chaos, erm, something something, it’s gaming’s fault.

[. . .]

Then comes Modern Warfare. This he told the courts he played between November 2010 and February 2011, and described it as “a simple war simulator”. He explained that it was helpful for learning about “aiming systems”, and then described in some detail how he had used the game to practice killing policemen.

So, well, an immediate thought. That’s not what Modern Warfare is, or lets you do. The scripted corridors, nor the multiplayer, offer no useful practice for any such actions, and don’t allow you to simulate practising killing policemen in the manner Breivik describes. There is of course the infamous No Russian airport level, in which you play as an undercover agent with terrorists, and are able to shoot (or not shoot) civilians and policemen, but I think it’s unreasonable to suggest that it offers what Breivik claims. Of course there are many other shooters out that that would let you create your own specific scenarios, attempt to rehearse escaping from armed forces, and so on. But Breivik, in keeping with much else of his rhetoric, doesn’t make much sense here. It is very unfortunate that while a sceptical press has been enjoying picking over his comments about being a member of the Knights Templar, and disproving them, they see no need to question his remarks on using Call Of Duty as a simulator for combating armed police in real life. Instead here it’s assumed he’s being honest and clear-headed. It’s also important to note that Breivik’s memoir makes it clear that he only played MW2 after he had entirely planned the attacks, and it was in no way influential on his decision to kill anyone.

April 18, 2012

Why do we even bother calling them “life sentences”?

Filed under: Cancon, Government, Law — Tags: , — Nicholas @ 09:13

According to a recent Globe and Mail article, among the civil service jobs at risk in the government’s cutbacks are 26 convicted murderers who’ve been paroled and are paid to minister to another 2,280 paroled murderers (numbers from the 2010-11 report).

The Globe and Mail has learned that one of the many federal programs that will be cut in its entirety is LifeLine, a program aimed at helping people with life sentences — or “lifers” — successfully re-integrate into society once they’ve been paroled.

At a starting salary of about $38,000, the program hires and trains successfully-paroled lifers to mentor other lifers who are still incarcerated or who have been recently released on parole.

[. . .]

Under the Criminal Code, offenders serving a life sentence for murder may be considered for parole after serving 15 years of their sentences. Offenders serving life sentences for first-degree murder can be eligible for day parole after 22 years and full parole after 25 years.

April 8, 2012

Sexual humiliation as a tool of political control

Filed under: Government, Law, Liberty, USA — Tags: , , , , — Nicholas @ 10:15

Writing in the Guardian, Naomi Wolf discusses the ways the US government has incorporated sexual humiliation into their toolkit for dealing with both prisoners and innocent people:

In a five-four ruling this week, the supreme court decided that anyone can be strip-searched upon arrest for any offense, however minor, at any time. This horror show ruling joins two recent horror show laws: the NDAA, which lets anyone be arrested forever at any time, and HR 347, the “trespass bill”, which gives you a 10-year sentence for protesting anywhere near someone with secret service protection. These criminalizations of being human follow, of course, the mini-uprising of the Occupy movement.

Is American strip-searching benign? The man who had brought the initial suit, Albert Florence, described having been told to “turn around. Squat and cough. Spread your cheeks.” He said he felt humiliated: “It made me feel like less of a man.”

[. . .]

Believe me: you don’t want the state having the power to strip your clothes off. History shows that the use of forced nudity by a state that is descending into fascism is powerfully effective in controlling and subduing populations.

The political use of forced nudity by anti-democratic regimes is long established. Forcing people to undress is the first step in breaking down their sense of individuality and dignity and reinforcing their powerlessness. Enslaved women were sold naked on the blocks in the American south, and adolescent male slaves served young white ladies at table in the south, while they themselves were naked: their invisible humiliation was a trope for their emasculation. Jewish prisoners herded into concentration camps were stripped of clothing and photographed naked, as iconic images of that Holocaust reiterated.

[. . .]

The most terrifying phrase of all in the decision is justice Kennedy’s striking use of the term “detainees” for “United States citizens under arrest”. Some members of Occupy who were arrested in Los Angeles also reported having been referred to by police as such. Justice Kennedy’s new use of what looks like a deliberate activation of that phrase is illuminating.

Ten years of association have given “detainee” the synonymous meaning in America as those to whom no rights apply — especially in prison. It has been long in use in America, habituating us to link it with a condition in which random Muslims far away may be stripped by the American state of any rights. Now the term — with its associations of “those to whom anything may be done” — is being deployed systematically in the direction of … any old American citizen.

March 31, 2012

Botched investigation into GCHQ staff member’s mysterious death

Filed under: Britain, Government, Science, Technology — Tags: , , , — Nicholas @ 09:17

This sounds particularly bad:

Forensic investigators have apologized for the bungling of the inquiry into the mysterious death of a codebreaker employed by the Government Communications Headquarters (GCHQ).

In August 2010, Gareth Williams, described as a mathematical genius by his peers and employed at GCHQ since leaving university, was found dead in his flat in London. Williams, who had recently qualified for deployment with MI6 — Britain’s version of the CIA — was found naked and partially decomposed in a sports bag that had been locked from the outside and placed in the bath.

In the pre-inquest hearing on Friday, the court heard that the investigation into Williams’ death had been botched from the start. LGS Forensics said that DNA found on Mr Williams’ body was investigated, but later turned out to have been transferred there from one of the forensic scientists investigating the death, and a search of the apartment turned up no clues as to his death.

March 25, 2012

There are more than ten reasons to oppose bill C-10

Filed under: Cancon, Law, Liberty, Politics — Tags: , , — Nicholas @ 00:05

But I guess we have to start somewhere. Trinda L. Ernst has an article in the Toronto Star which compiles the top ten reasons to oppose the Conservatives’ most recent “tough on crime” bill:

Bill C-10 is titled The Safe Streets and Communities Act — an ironic name, considering that Canada already has some of the safest streets and communities in the world and a declining crime rate. This bill will do nothing to improve that state of affairs but, through its overreach and overreaction to imaginary problems, Bill C-10 could easily make it worse. It could eventually create the very problems it’s supposed to solve.

Bill C-10 will require new prisons; mandate incarceration for minor, non-violent offences; justify poor treatment of inmates and make their reintegration into society more difficult. Texas and California, among other jurisdictions, have already started down this road before changing course, realizing it cost too much and made their justice system worse. Canada is poised to repeat their mistake.

[. . .]

Canadians deserve accurate information about Bill C-10, its costs and its effects. This bill will change our country’s entire approach to crime at every stage of the justice system. It represents a huge step backwards; rather than prioritizing public safety, it emphasizes retribution above all else. It’s an approach that will make us less safe, less secure, and ultimately, less Canadian.

H/T to Bren McKenna for sending me the link.

March 22, 2012

More on the New Orleans Saints

Filed under: Football — Tags: , , , — Nicholas @ 09:30

“Skol Girl” writes at Daily Norseman on the less obvious victims of the bounty program defensive coordinator Gregg Williams ran:

A few years back a close friend of mine was working in France and she said that one of the business metaphors frequently used to try to encourage a sense of working together was American football. She said the French business people used American football as a metaphor because they felt it was one of the best examples of nothing getting accomplished truly on one’s own. Even the most novice football fan would probably agree, nobody in American football carries the show single-handedly. Just as a combination of players can help a single player make a play, so too can a single player undo the work of everyone else on the field.

Well, in New Orleans, the defense just tainted and, basically, undid everything that the other players on the team worked for during that Championship* season. Drew Brees may have had nothing to do with the bounties, heck, he might not have even known about the bounty program, but his legacy as a player has the same asterisk next to it that Darren “X Marks the Spot” Sharper has.

A lot of players talking about what they miss after they retire from football say they miss the camaraderie of the locker room. That’s one of the reasons Brett Favre gave for returning to the Vikings in 2010 after the pounding he took during that NFC Championship game against the Saints. But the non-bounty program players on the Saints have to be feeling like their comrades just dinged them in the nuts.

The same goes for the Saints’ fans. In 2006 New Orleans was still fresh from the devastation of Hurricane Katrina when the Saints brought Drew Brees in from sunny San Diego. Brees and Payton had a great connection that produced some great on-field play and it gave Saints fans something to enjoy, something good to identify with–the sense that their team was coming back swinging just like they were. The team might not have originated all the messianic overtones that went along with choosing to stay in the rebuilding city, but they certainly benefited from them. So did the NFL, which loved and promoted the inspirational storyline that mirrored the Saints journey with that of the damaged, but recovering, city.

March 21, 2012

NFL hands down punishments in Saints’ bounty hunting scandal

Filed under: Football — Tags: , , , , — Nicholas @ 13:56

The NFL has finally announced what penalties it will assess against the New Orleans Saints and individual coaches for the bounty scheme the team ran (individual penalties against players who took part have not yet been disclosed):

  • Saints’ head coach Sean Payton is suspended without pay from NFL activities for one year.
  • Former Saints’ defensive coordinator Gregg Williams is suspended without pay indefinitely. The NFL will review his case after the 2012 season. This will also hurt the St. Louis Rams who hired Williams this season.
  • General manager Mickey Loomis is suspended without pay for eight games.
  • Assistant head coach Joe Vitt is suspended without pay for six games.
  • Loss of the Saints’ second-round draft pick in both 2012 and 2013.
  • A $500,000 fine on the club.

The penalties for the 22 or more individual players are apparently being held until the NFL Players Association can complete its own investigation into the scheme.

Earlier posts on this issue here and here.

Update: As several people have pointed out, this has a commonality with a lot of political scandals, in that the original sin is compounded by the cover-up attempts. It’s pretty much a certainty that this wasn’t the only bounty program in the league, and the penalty would likely have been much less if the Saints hadn’t worked so hard — as an organization — to cover it up after the initial accusation was made.

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