Quotulatiousness

December 23, 2011

What is justice?

Filed under: Government, Law, Liberty, USA — Tags: , , — Nicholas @ 12:19

We may not be able to fully answer that question, but I think Scott Greenfield has a good case for what isn’t justice:

Whenever a motion is made for a bill of particulars in the Southern District of New York, the government’s response is the same: It would unduly prejudice the government to be required to disclose allegations of fact that would enable the defendant to know the specific conduct that forms the basis of the charge against him. And the court agrees.

You know, telling the defense what exactly it says the defendant did that was criminal would indeed prejudice the government. It would give the defense half a chance to prepare its defense. Well, maybe only a third of a chance, but at least a chance. Level the playing field, if only a bit? Prejudice.

But when it comes to prosecuting “enemy combatants,” the ante is upped. Way upped. Not only is the risk of individual failure at stake, but the reputation of a government that’s come to depend on a population who believes, with their every breath, that it can be trusted to ignore every safeguard around which are concept of a legal system is based, and still be fair. The integrity of the outcome must be trusted, and yet the conviction of those denied their rights must be assured.

What to do? It’s not enough to deny the defense access to the evidence against the defendant. No, not the puny refusal to provide a bill of particulars, but wholesale denial of “state secrets.” Still, a criminal defense lawyer gets used to thinking fast, working on the fly. We don’t enjoy the luxury of depositions, document demands, the absolute necessities of civil practice where lawyers whine about not being allowed to use a proctoscope at least five years in advance of trial. We prepare for surprises because we have no choice. We deal with the unknowns, because that’s our job.

Bad enough? Nope, read the rest of the post to find out just what little similarity to actual justice is in operation for those accused of being “enemy combatants”.

December 21, 2011

Barbara Kay: Spousal abuse is remarkably gender-balanced

Filed under: Cancon, Law, Media — Tags: , , , , — Nicholas @ 10:18

Everyone knows the old myth about a spike in wife-beating after major sporting events (most frequently referenced is the Superbowl, but the same factoid is trotted out about every “big game”). Barbara Kay reveals the awkward truth that nearly half of all spousal abuse is by female partners:

One of first-wave feminism’s great achievements in the 1970s was to end the denial surrounding wife abuse in even the “best” homes. Resources for abused women proliferated. Traditional social, judicial and political attitudes toward violence against women were cleansed and reconstructed along feminist-designed lines.

But then a funny thing happened. The closet from which abuse victims were emerging had, everyone assumed, been filled with women. But honest researchers were surprised by the results of their own objective inquiries. They were all finding, independently, that intimate partner violence (IPV) is mostly bidirectional.

But by then the IPV domain was awash in heavily politicized stakeholders. Even peer-reviewed community-based studies providing politically incorrect conclusions were cut off at the pass, their researchers’ names passed over for task force appointments and the writing of training manuals for the judiciary. Neither were internal whistle-blowers suffered gladly. Erin Pizzey, who opened the first refuge for battered women in England in 1971, was “disappeared” from the feminist movement when she revealed what she learned in her own shelter: She committed a heresy by asking women about their own violence, and they told her.

[. . .]

(While the CDC survey does not reference Canadian data, our IPV statistics vary significantly from the U.S.’s in certain respects. “Minor” wife assault rates as measured on the commonly employed Conflict Tactics Scale are identical, but “severe violence” rates in Canada fall as the violence ratchets up. For “kicking” and “hitting,” Canadian rates were 80% of the American rate; for “beat up,” they were 25%; and for “threatened with or used a gun/knife,” they were only 17%.)

By now there is no excuse for the failure of governments at all levels to follow through on — or at least acknowledge — the settled science of bilateral violence. Yet just last week the Justice Institute of British Columbia issued a lengthy report on “Domestic Violence Prevention and Reduction,” and sure enough, it defines domestic violence as “intimate partner violence against women,” recommending only that government work “to bridge gaps in the services and systems designed to protect women and children.”

One area where the majority of abusers are female is child abuse: women are much more likely to batter their children than men.

December 15, 2011

Grim, crime-wracked, post-apocalyptic Toronto ranks … 52nd most dangerous in Canada

Filed under: Cancon, Law, Liberty — Tags: , , , , — Nicholas @ 09:29

Everyone in Canada knows that Toronto is a cess-pit of crime where the oppressed citizenry huddle in fear, while idyllic Victoria is a benign, peaceful enclave of happiness. But what we know just ain’t so:

Toronto ranks 52nd among cities and towns in the country for the label “most dangerous” according to Maclean’s. Victoria, BC? Far from being a peaceful place, ranks second in the country after Prince George, BC. In fact, BC has four of the top ten dangerous cities, while Ontario’s most dangerous place, Belleville, clocks in at number 11.

December 14, 2011

“‘They’ve been very draconian,’ Gingrich said, meaning it as a compliment”

Filed under: Liberty, Politics, USA — Tags: , , , , , — Nicholas @ 09:54

Jacob Sullum on the GOP’s current front-runner for the 2012 presidential nomination:

The first time Newt Gingrich disgusted me was in 1995, when the freshly installed speaker of the House proposed the death penalty for drug smugglers. Fifteen years later, I had a similar response when Gingrich demanded government action to stop Muslims from building a mosque near the site of the World Trade Center.

From the perspective of someone who wants to minimize the role of government in every aspect of our lives, Gingrich is bad in the ways conservatives tend to be bad—and then some. At the same time, he is generally not good in the ways conservatives tend to be good, which makes me wonder why anyone would prefer him to Mitt Romney as a presidential candidate.

Gingrich’s bloodthirsty enthusiasm for the never-ending, always-failing war on drugs is especially appalling because he casually dismissed his own pot smoking as “a sign that we were alive and in graduate school in that era.” Last month he expressed admiration for Singapore’s drug policy, which includes forcible testing of suspected drug users, long prison sentences for possession, and mandatory execution of anyone caught with more than a specified amount. “They’ve been very draconian,” Gingrich said, meaning it as a compliment.

November 16, 2011

Will Penn State cancel its football program?

Filed under: Education, Football, Law, Media — Tags: , , , , , — Nicholas @ 12:11

Given that they generated $50 million in profits from a $70 million revenue stream, the “smart money” is betting against:

If the Allegations Are True, Penn State Should End Its Football Program: Next week, Penn State plays Ohio State in a battle of scandal-plagued programs. The thought of these two facing off ought to send chills through the NCAA, any alum of either school, and anyone who loves college sports. Penn State and Ohio State seem determined to convince America that big-college athletics is beyond redemption. Just bear in mind: What Penn State is accused of is 10,000 times worse than what Ohio State did.

At Penn State, one of two must be the case: Either the accusations are false or they are true. If false, then Penn State, Joe Paterno and all others implicated deserve their honor back. If the grand jury presentment is true, we have barely scratched the surface of Penn State’s disgrace.

If the charges are true, not only did the Penn State football program allow its facilities to be used for the abuse of children, Penn State athletic officials and academic administrators were more concerned with preserving their money and power than with stopping future molestation. (The grand jury found the Penn State administrators’ explanations for inaction “not credible.”) If the charges are true, the phrases “Penn State” and “Joe Paterno” forever will be synonymous with the word “shame.”

[. . .]

Joe Nocera of The New York Times notes, “In 2009, Penn State football generated a staggering $50 million in profit on $70 million in revenue, according to figures compiled by the Department of Education. Protecting those profits is the real core value of college football.”

If Penn State’s trustees and new administration really cared about shame at the school, the remainder of the football season would have been canceled. Their actions suggest that what Penn State’s trustees and new administration really care about is making the public think honor has been restored, in order to keep the money flowing.

If the charges are shown to be true, the way Penn State could prove contrition, and recover perspective, would be to end its football program. Penn State is talking about contrition, but talk is cheap. Ending the Nittany Lions’ football program would prove contrition.

November 10, 2011

John Scalzi on the Penn State child rape cover-up

Filed under: Bureaucracy, Education, Football, Law — Tags: , , , , , — Nicholas @ 12:02

In four points, John Scalzi walks us through what should have happened at Penn State when the first incident was discovered:

1. When, as an adult, you come come across another adult raping a small child, you should a) do everything in your power to rescue that child from the rapist, b) call the police the moment it is practicable.

2. If your adult son calls you to tell you that he just saw another adult raping a small child, but then left that small child with the rapist, and then asks you what he should do, you should a) tell him to get off the phone with you and call the police immediately, b) call the police yourself and make a report, c) at the appropriate time in the future ask your adult son why the fuck he did not try to save that kid.

3. If your underling comes to you to report that he saw another man, also your underling, raping a small child, but then left that small child with the rapist, you should a) call the police immediately, b) alert your own superiors, c) immediately suspend the alleged rapist underling from his job responsibilities pending a full investigation, d) at the appropriate time in the future ask that first underling why the fuck he did not try to save that kid.

4. When, as the officials of an organization, you are approached by an underling who tells you that one of his people saw another of his people raping a small child at the organization, in organization property, you should a) call the police immediately, b) immediately suspend the alleged rapist from his job responsibilities if the immediate supervisor has not already done so, c) when called to a grand jury to testify on the matter, avoid perjuring yourself. At no time should you decide that the best way to handle the situation is to simply tell the alleged rapist not to bring small children onto organization property anymore.

For “organization”, feel free to substitute “Catholic church” for “Penn State University” as required.

November 9, 2011

Penn State’s problem

Filed under: Bureaucracy, Education, Football, Law — Tags: , , , , , , — Nicholas @ 12:55

Russ from Winterset loses his temper over the truly disturbing way Penn State is handling their child rape issues allegations:

So Joe Paterno is going to retire at the end of the season?

Whiskey? Tango? Foxtrot? Does Joe think he is going to be carried off the MISS PIGGY field to the BEAKER cheers of the DR. BUNSEN HONEYDEW crowd after leading Penn STADLER State to another GONZO bowl game? FOZZIE BEAR that noise. He should have the common DR. TEETH & THE ELECTRIC MAYHEM decency to slink out the back door of the coaching offices in shame like John SAM THE EAGLE Edwards leaving a session of a Federal RIZZO THE RAT Grand Jury.

That moderation expressed in my first update? KERMIT that. If Joe JANIS THE BASS PLAYER Paterno is allowed to coach another ANIMAL football game at Penn RALPH THE DOG State University, every WALDORF fan in the stadium who so much as smiles when their BERT team scores their first ERNIE touchdown can go Suck The Barbed Cock of Satan as far as I’m concerned.

BIG BIRD! Now I’m pissed.

And when you come back with the “look at all he’s done for the community” card, tell me this. How many other kids have been raped since 2002 because JoePa and the other jackasses at Penn State didn’t think it was necessary to get the police involved in this situation? Ten? Five? Even one? Is that a fair trade for all that Joe Paterno has done for his community?

If it’s not quite clear from context, he “replace[d] all but one of my f-bombs in the original draft of the post with the names of Muppet Characters”

November 4, 2011

The Kangaroo Family Court

Filed under: Law, USA — Tags: , , , , — Nicholas @ 11:15

The headline says it all: “Sexual Assault Victim Must Pay Her Attacker Spousal Support”

A San Diego judge ordered Crystal Harris to pay $1,000 a month in spousal support to her ex-husband — just as soon as he finishes up his six year prison sentence for sexually assaulting her. As 10News reports, “The entire assault was caught on tape and what it captured was enough to convict Shawn Harris of a felony — forced oral copulation.”

So why is a victim being forced to pay her attacker? According to Judge Gregory Pollock, it’s because Crystal Harris brought home six figures worth of bacon while Shawn Harris was unemployed.

    “I can’t look at a 12-year marriage where one side is making $400 a month, the other side is making over $11,000 and say no spousal support,” Pollock said in court. “That would be an abuse of discretion.”

It sounds like a miscarriage of justice, but the law is written so that it only excludes attempted murderers from the right to receive spousal support. Another case of a bad law forcing a bad judgement (or a judge unwilling to exercise his discretion in a case that cries out for it).

October 25, 2011

Another example of a manual transmission being a good anti-theft device

Filed under: Cancon, Law — Tags: , — Nicholas @ 00:04

This is one of those crime stories that tends to provoke laughter:

RCMP Cpl. Craig Douglass said Monday that Morgan allegedly jumped into the idling Corvette just as the owner was putting away a charger used to revive the sports car’s dead battery.

The owner watched in disbelief as the suspect rolled up the power windows, locked the power doors and promptly stalled the vehicle.

“Unfortunately for the (suspect), he was not good with a standard transmission and stalled the Corvette when he attempted to reverse out of the driveway,” Douglass said.

[. . .]

As police arrived, Morgan was attempting to exit the vehicle after allegedly smashing the driver side window with his screw driver — apparently for no good reason.

“As it turns out, all the suspect would have had to do was manually slide the door lock to the side and the door would have opened,” Douglass said.

October 21, 2011

Incentives matter, police edition

Filed under: Law, Liberty — Tags: , , , , , , , — Nicholas @ 10:00

Jonathan Blanks explains that the incentives provided to police officers clearly do influence their behaviour:

Last week, former undercover police officer Stephen Anderson told the New York State Supreme Court that planting drugs on innocent people was so common that it didn’t even register emotionally to him. The story is starting to get traction in the media as an egregious example of police corruption, but it’s notable only because of the admission to the practice in open court. Each year, there are hundreds of cases in which police officers are caught stealing, using, selling, or planting drugs or pocketing the proceeds from drug busts. Despite the obligatory PR protestations that any given instance of corruption is an isolated case, the systemic, legal, social, and economic incentives in every law enforcement agency in America combine to make police corruption virtually inevitable. And with no other category of crimes are these incentives stronger than with drug crimes.

Anderson testified that drugs would be seized from suspects at a given bust, divided, and then used again as evidence against other people on site (or at a time later) who had nothing to do with the initial arrest. This was, in part, due to established drug arrest quotas the officers needed to meet. As public servants, police departments face the same budgetary pressures as any other government entity and thus their officers are required to meet certain benchmarks set by the powers that be. Added to the normal budgetary justification, however, many police officers are in the position to confiscate cash and property that can be sold at auction thanks to civil asset forfeiture laws. Many departments across the country keep a percentage or the entirety of forfeiture proceeds, so pressure to maintain a certain level of drug arrests is something straight out of Public Choice: 101.

October 19, 2011

Selley: Milewski is right on Tories’ “tough on crime” policies

Filed under: Cancon, Law, Media — Tags: , , — Nicholas @ 12:03

Chris Selley can’t be accused of being a Terry Milewski fan, but he does agree with Milewski’s message:

The CBC recently sent Terry Milewski to Texas, the blood and guts state, where he asked conservative politicians and various experts what they thought of building more prisons, and filling them up, as a means of driving down crime. “Don’t,” was the basic answer. “It doesn’t work. That’s why we’re doing the opposite.”

It was a nice piece on a serious policy issue. It reminded us that the federal government seems to consider crime legislation inside a hermetically sealed chamber. But for that very reason, nothing any journalist says is likely to make any difference. If contrary evidence carried any weight in Cabinet, the omnibus tough-on-crime bill, C-10, wouldn’t be before Parliament. The fact that elites recoil at its provisions and spew champagne out of their noses is a feature, not a bug.

And, if I may briefly adopt the voice of a partisan blogger, the mainstream media would denounce the law of gravity if it somehow helped the Liberals (or the NDP, depending what day it is). The CBC, in the memorable words of Citizenship and Immigration Minister Jason Kenney, “lies all the time.” And Mr. Milewski, as we all know, chairs the left-wing media conspiracy.

This is not an ideal policy-making environment. But I’m going to try to change minds on a single, narrow, easily fixable issue: Mandatory minimum sentences for non-serious crimes. I can’t see any level on which they are supportable.

Four year sentence for . . . posting an idiotic suggestion to Facebook

Filed under: Britain, Law, Liberty — Tags: , , , , , — Nicholas @ 08:54

Patrick Hayes attempts to point out that the sentence imposed on Facebook idiot Jordan Blackshaw is both disproportional and a clear and present danger to free speech rights in Britain:

Did you know that all it took for people to trash their own neighbourhoods this summer, such was the ‘collective insanity’ then gripping the UK, was for someone to suggest they do so on Facebook? A few words saying something like ‘let’s have a riot’ and, hey presto, off people went to have a riot.

This didn’t happen, of course. But it is a view of last August’s riots that seems to provide the rationale behind the sentencing of 20-year-old Jordan Blackshaw. This was the man, lest we forget, who on 9 August set up a Facebook ‘event’ entitled ‘Smash Down in Northwich town’. This hardly inspiring suggestion involved would-be rioters meeting up for said ‘smash down’ outside a local McDonald’s.

In explaining why Blackshaw was to receive a four-year jail sentence for doing nothing more than publishing words online, the judge claimed that ‘this happened at a time when collective insanity gripped the nation’. Blackshaw’s conduct, he continued, ‘was quite disgraceful and the title of the message you posted on Facebook chills the blood’. Yesterday, Blackshaw’s appeal against the harsh sentencing, alongside that of another ‘Facebook rioter’, was rejected by the Crown Court.

So, how many people responded to Blackshaw’s online suggestion during this period of ‘collective insanity’? The answer is one: Blackshaw himself. (He was immediately arrested). In fact, only nine of his 147 Facebook friends even responded online. Yet the reason for this collective no-show, at least as far as the judge was concerned, was ‘the prompt and efficient actions of police’ who eventually took Blackshaw’s Facebook page offline.

October 14, 2011

Jonathan Turley: “President Obama is a perfect nightmare when it comes to civil liberties”

Filed under: Government, Liberty, USA — Tags: , , , , — Nicholas @ 09:18

In an interview at NPR, Jonathan Turley explains that while President Bush was bad news for civil liberties, President Obama has been even worse:

It is a strong language, but I think civil libertarians are coming to grips with what is really a building disaster for our movement, and it’s been a rather difficult process. You know, I have a large civil liberties blog, and there’s a lot of soul-searching among civil libertarians about what exactly happened. But we are engaging in a sense of collective denial when we deal with President Obama.

[. . .]

And I think that’s part of the purpose of this column, is to address the fact that President Obama is a perfect nightmare when it comes to civil liberties. He not only adopted most of President Bush’s policies in the civil liberties areas when it comes to terrorism, but he actually expanded on them. He outdid George Bush.

And they range. His position on torture and refusing to have people investigated or prosecuted for torture, on privacy lawsuits. He pushed aggressively for the dismissal of dozens of lawsuits brought by private interest organizations. He’s for immunity for people who engaged in warrantless surveillance. He has fought standing for people even to be able to get courts to review his programs, much like George Bush. He kept military tribunals and the authority to make the discretionary choice of sending some people to a real court, some people to a military tribunal. He has asserted the right to kill U.S. citizens based solely on his own discretion, that he believes them to be a threat to the country.

His administration has, once again, as with the Bush administration, cited secret law, that — and including a case of assassinating citizens — a law that we’re not allowed to see, but we have to trust them.

[. . .]

They just have a very difficult time opposing a man who’s an icon and has made history — the first black president, but also the guy that replaced George Bush. And the result is something akin to the Stockholm syndrome, where you’ve got this identification with your captor. I mean, the Democratic Party is split, civil libertarians are split, and the Democratic Party itself is now viewed by most of libertarians as very hostile toward civil liberties.

Senators and members of the House, it turns out, were aware of many of these abuses and never informed people.

October 12, 2011

“There is no off-the-shelf exam [that can] detect sociopathic killers”

Filed under: Cancon, Law, Military — Tags: , , — Nicholas @ 12:55

Michael Friscolanti explains how former Colonel Russell Williams managed to avoid coming to the attention of the police for so long:

An elite officer who piloted prime ministers and the Queen—and oversaw the country’s largest air force base—was doubling as a depraved sexual predator who somehow managed to ascend the ranks without a whiff of suspicion. Grasping for an explanation, the Canadian Forces launched an “immediate review” of the way candidates are selected for senior command positions—and whether enhanced psychological testing might have revealed the real Russ Williams.

The answer, sadly, is no. Among hundreds of pages of internal military documents, obtained by Maclean’s under the Access to Information Act, is a draft version of that review. It confirms what leading experts have long maintained: there is no off-the-shelf exam that employers, armed forces or otherwise, can use to detect sociopathic killers. “Given the recent events in CFB Trenton, it is natural for the CF to question whether or not the organization could have identified a sexual sadist or predicted that an individual would become a serial sexual murderer,” the report says. But that “would be unrealistic to expect.”

Every recruit is subject to various levels of screening, including a criminal records check and an aptitude test. Members also undergo an annual evaluation that assesses past performance and potential for promotion. To be considered for senior command (colonels in the army and air force; captains in the navy), an officer’s file must be “thoroughly reviewed” and endorsed by a board of superiors who examine “personal characteristics, demonstrated leadership ability, education and professional development.” Nothing in Williams’s file, an impeccable 23-year career, offered the slightest hint of his alter ego.

October 3, 2011

Ban violent video games? Expect more crime as a result

Filed under: Gaming, Law, Liberty — Tags: , — Nicholas @ 12:11

Caleb Cox explains why:

While there’s no end of detractors claiming that violent videogames cause aggressive, often criminal behaviour, some refreshing research has now insisted that the opposite is true.

The report, entitled Understanding the Effects of Violent Video Games on Violent Crime, says while “there is evidence that violent videogames cause aggression in a laboratory setting, there is no evidence that [they] cause violence or crime [in society]”.

Written by Benjamin Engelstätter from the Centre for European Economic Research, Scott Cunningham from Baylor University in Texas, and Michael Ward from the University of Texas, the paper essentially asserts that because gamers are too busy gaming, they’re unable to cause much trouble in the real world. No shizzle, Sherlocks.

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