Quotulatiousness

March 29, 2010

Don’t talk back to the man, part XLVI

Filed under: Law, Liberty — Tags: , , , — Nicholas @ 17:08

Ken at the Popehat blog has a beef with part of the message in “10 Rules for Dealing with Police” from Flex Your Rights:

See, if your goal is not to be abused, wrongfully arrested, falsely accused, searched without probable cause, or proned out on the pavement because you irritated someone with a gun and a badge, then “don’t be mouthy to a cop” is excellent practical advice. But dammit, we shouldn’t have to give that advice. The concept that you should expect to be abused if you aren’t meek (or, to be more realistic, subservient) in dealing with public servants ought to be abhorrent to a society of free people. Courtesy is admirable, and unnecessary rudeness is not, but rudeness ought not be seen as inviting government employees to break the law. But the reality is that our society largely issues apologias for, not denunciations of, police abuse. The prevailing belief is that claims of abuse are about lawyers or crooks trying to game the system, that people accused of crimes generally committed them, and that cops are heroes of the sort who deserve the benefit of the doubt when their account of a roadside encounter differs from that of a citizen. Our society, for the most part, indulges cops in their expectation that citizens will be subservient. As a result, “don’t talk back to a cop” remains tragically apt practical advice.

Moreover, the truth of it is that many cops will interpret an assertion of your constitutional rights, however politely delivered, as a rude challenge. They are supported in that view by four decades of “law and order” talk that classifies constitutional rights as mere instrumentalities of crime, not as the rules by which we have chosen to live.

Shame on us if we put up with that.

H/T to Radley Balko for the link, who also offers a graphic example of what can happen when you don’t follow the helpful advice in the video:

Last week, a panel from the 9th U.S. Circuit Court of Appeals ruled that three Seattle police officers were justified in using a taser three times on a pregnant woman for resisting arrest. The woman had been pulled over for going 32 mph in a school zone. She insisted it was the car ahead of her that was speeding, and refused to sign the ticket. That’s when they tased her.

The problem is that under Washington law, (a) you aren’t required to sign a traffic ticket, (b) speeding isn’t an arrestable offense, and (c) you can’t be arrested for resisting an unlawful arrest.

So the woman was completely within her rights. Yet asserting those rights got her the business end of a stun gun. Three times. And two of the three federal appellate judges to hear the case see nothing wrong with that.

March 25, 2010

The Belgian version of “asking for it”

Filed under: Europe, Law — Tags: , , — Nicholas @ 00:34

A recent Belgian court decision is remarkable:

The crime victim, a businessman named only as Laurent, had been living in a suburb of Charleroi, in Belgium’s depressed French-speaking southern region of Wallonia.

He moved north after a series of violent attacks and robberies on his family but was taken to a local court because he had not paid back a grant to renovate his house in 1998.

It sounds fair that you’d be expected to repay a grant for renovations if you leave the area without good reason. I’d have said that these incidents would qualify for the “good reason” criterion:

In 2001, the victim was attacked and his BMW car was stolen. Shortly after it was recovered, armed men stormed his home and stole it a second time.

In 2006, his wife and children were threatened by armed raiders, who stormed his home at night and dragged him away in his pyjamas while his horrified family looked on.

He was later freed and dumped on a industrial estate as the thieves made off with another one of his cars, a Jaguar.

It might be questioned how someone who was able to own multiple expensive cars would be able to qualify for this kind of grant, but that’s a separate issue. But maybe not, as the presiding judge implied:

“It is perhaps not sensible to draw attention to oneself by driving a Jaguar and living in a big house, making an ostentatious display of one’s wealth in a poor and damaged region like Charleroi,” said the judge.

The businessman’s lawyer accused the civil court of supporting “hooligans”.

“In Charleroi, you must drive in a Trabant, wear a tracksuit and live in a slum to be safe from criminals and above reproach from judges,” said Clément de Clety

In other words, the judge really does think he was “asking for it”.

March 23, 2010

The Canadian “flavour” of free speech

Filed under: Cancon, Liberty — Tags: , , , , , — Nicholas @ 10:15

Marni Soupcoff hits the nail on the head with this observation:

Do Canadians understand freedom of expression? For several years, I’ve been arguing that the majority of them don’t — that despite freedom of speech’s prominent place in the Charter, they think it means the ability to say critical things provided these things don’t offend or upset anybody. Protest away, as long as you don’t actually rock the boat.

It’s part of that notorious “Canadian nice” thing: we’re so terribly afraid of offending someone that we’ve empowered the state to monitor and “correct” our speech and behaviour. We like the idea of free speech, but we also undercut the spirit by carving out exceptions to ensure that free speech is not free to offend or insult or demean the listener (or bystanders, or people totally unconnected to the conversation).

This is the genesis of our “hate speech” legislation, which legally defines certain kinds of speech as being so harmful that the use must be proscribed. We appear to fear the use of certain words and phrases as much as if they were literal clubs or bludgeons or some other kind of blunt instrument. In other words, we think it worse to hear offensive speech than to be physically threatened with bodily harm.

This is why the University of Ottawa’s François Houle not only felt it necessary to warn Ann Coulter about our draconian speech laws, but almost certainly felt that without such a warning, those laws were likely to be put into motion. The unspoken but hardly concealed subtext is that we recognize that Americans are more mature than Canadians: they can hear those horrible, horrible words without taking damage or harm.

What initially sounds like another example of Canadian smugness turns out to be an example of Canadian inferiority. Again.

March 19, 2010

QotD: The term “pirate” is too sexy

Filed under: Law, Media, Quotations — Tags: , , — Nicholas @ 23:56

After years of trying to cloud the public mind by calling it “piracy” instead of “unauthorised downloading,” key copyright industry reps are starting to realize that “piracy” actually sounds kind of cool. So now they’re lobbying for the even less intellectually rigorous term “theft,” which describes an entirely different offence, enumerated in an altogether different section of the lawbooks.

This has all the dishonesty of calling everything you don’t like “terrorism” (or as my friend Ian Brown says, it’s like rebranding jaywalking as “road rape”).

Cory Doctorow, “Entertainment industry sours on term ‘pirate’ — too sexy”, BoingBoing, 2010-03-18

March 18, 2010

Adding “ordinary” criminals to the sex offender registry

Filed under: Government, Law, Liberty, USA — Tags: , — Nicholas @ 08:00

The sex offender registry in most jurisdictions doesn’t work — at least, it doesn’t work to deter re-offence and it almost certainly doesn’t work to protect the public. What these registries do quite successfully, however, is to continue punishing the criminals long after they have served their sentences.

People who appear in these registries have a long list of prohibited activities, most frequently requiring them to stay a certain distance from schools (which often means there is little or no choice for where they can live, work, or travel, as the legallly mandated distance exceeds the average distance between schools). Ordinary ex-cons have great difficulty getting employment even in a growing economy, and the situation for identified “sex offenders” is close to impossible.

As a general rule, having your name added to the sex offender registry is as close to a life sentence as possible, but with no hope of parole and no hope of even a semblance of living a normal life.

Georgia apparently thinks this situation is not only fine, but they’d like to add non-sexual offenders to the registry too:

Georgia’s Supreme Court is upholding the government’s right to put non-sex offenders on the state’s sex-offender registry, highlighting a little-noticed (but growing) nationwide practice.

Atlanta criminal defense attorney Ann Marie Fitz estimated that perhaps thousands of convicts convicted of non-sexual crimes have been placed in sex-offender databases. Fitz represents a convict who was charged with false imprisonment when he was 18 for briefly detaining a 17-year-old girl during a soured drug deal. He unsuccessfully challenged his mandatory, lifelong sex-offender listing to the Georgia Supreme Court, which ruled against him Monday.

Under the Adam Walsh Child Protection and Safety Act of 2007, the states are required to have statutes demanding sex-offender registration for those convicted of kidnapping or falsely imprisoning minors. The Georgia court ruled that the plain meaning of “sex offender” was overridden by the state’s law.

If it’s your world view that criminals should never be forgiven for their transgressions, then this sort of deliberate act is understandable. It’s morally indefensible, but it’s understandable.

March 11, 2010

Reducing the over-mighty penalty kick in soccer

Filed under: Soccer — Tags: , — Nicholas @ 13:08

Andrew Potter makes a strong case for FIFA to address the disproportional effect of awarded penalty kicks in soccer games:

. . . the real problem is that it is the penalty shot itself which is unsportsmanlike. With a success rate of 85% it is already such a gross mismatch in the striker’s favour that I don’t see how much additional advantage is gained by permitting a bit of a fake-out; if anything, I suspect we’ll see the occasional embarrassment when a shot-taker pauses over the ball only to see the goalie standing calmly, waiting for a week one-legged kick from an out-faked faker.

But otherwise, I expect the penalty shot to continue to wreak havoc with the tactical nature of the game, for two reasons. First, because goals are so hard to come by in regular play, second, because a penalty shot has such a high success rate, and third, because one must be awarded for any direct foul inside the 18-yard box ­ the referee has no discretion here ­ it makes diving (or “simulation”) one of the most effective moves in the attacker’s arsenal. It doesn’t matter if you were hauled down from behind at the 8 yard line while on a breakway, or tripped by accident in the far corner of the box with your back to the goal, both get you a trip to the twelve-yard line for a pk, and what is pretty close to a free goal.

I can think of fewer rules in sport that have such an overwhelming impact on how the game is played, and play such a decisive role in determining the outcome of so many games. As such, I find the penalty kick in soccer one of the most unsportsmanlike elements in any sport. But maybe this is because I misunderstand the intent of the rule.

Back when I was still coaching youth soccer, we didn’t have too much trouble with penalties, but only because our games were played with only a single official. As soon as you add in a couple of assistant referees, the number of penalties awarded seemed to go up . . . because there was more chance that infractions would be noticed with the extra eyes on the game (and probably also a greater chance that diving would successfully draw a penalty, too).

March 10, 2010

Some things never change

Filed under: Humour, Law, Politics, Technology — Tags: , , , , — Nicholas @ 12:39

I was looking though some old postings and found this little gem, which is as true as ever:

It is a sad real-world fact that most legislators, when presented with something they do not understand, almost always attempt to ban it. This probably started with the first neolithic fire-tamer . . . who was probably beaten to death with sticks when the tribal shaman saw it. Senator Hatch is showing all the finely nuanced reactions of Ug the caveman here.

This was in reaction to Senator Orrin Hatch introducing a bill to make peer-to-peer file sharing illegal back in 2004.

March 9, 2010

Opening the door to arbitrary punishment

Filed under: Britain, Economics, Law, Liberty, Technology — Tags: , , , , , — Nicholas @ 07:33

Cory Doctorow talks about why the proposed “three strikes” internet ban is such a stupid idea:

March 4, 2010

The jokes just write themselves

Filed under: Law, Politics, USA — Tags: , , — Nicholas @ 08:59

By way of Kathy Shaidle’s blog, a court case that was custom-designed for certain political campaigns:

A 45-year-old woman, charged with ending a domestic dispute by killing her 26-year-old husband of five days, is a registered lobbyist for a group fighting domestic violence.

Arelisha Bridges was ordered held without bond in the Fulton County Jail. She is scheduled for a preliminary hearing later this month on charges of felony murder, murder, aggravated assault and possession of a firearm during the commission of a felony.

Officials said Bridges claimed she was unemployed. But records show she is a lobbyist for an organization called the National Declaration for Domestic Violence Order; its Web site says the group is pushing legislation to create a database of those convicted of sex crimes or domestic abuse.

And remember, guns don’t kill people: lobbyists for anti-domestic violence groups do.

March 2, 2010

Linking Olympic glory with jackbooted thugs?

Filed under: Cancon, Government, Sports — Tags: , , , — Nicholas @ 17:14

Frequent commenter “Lickmuffin” responded to the post entitled SWAT forces now spend more time doing non-SWAT policing with a long comment tying together the Olympics and the omnipresent SWAT teams:

I have to say that I really don’t understand your views here.
Olympic fascist spectacle: A-OK!
The actual functional trappings of a police state: Boo, hiss!
You can’t have one without the other. As the man said, you have to break a few skulls to make Olympic Gold. Or something like that.

Lickmuffin then provided an extended discussion on the same theme:

It’s quite simple, really: if you want to host the Olympics, and you want to have a succesful national Olympic team, you have to have armed-to-the teeth SWAT teams.

To fund the Olympics and Olympians, you need to have confiscatory tax rates.

When you have confiscatory tax rates, you’re going to have people trying to avoid the taxes.

Some of those people are going to engage in dodgy and risky behaviour, such as importing, growing, manufacturing or just generally dealing with narcotics.

Some of those people are going to use violence to protect their businesses.

To deal with those guys, you need heavily armed and specially trained police.

Just three degrees of separation there, really, but it works out to something like this:

Publicly funded Olympics = SWAT teams on every corner.

What do we tell people whose family members are killed in no-knock raids where the cops had the wrong address? “Sorry about that, but that snowboarding dude needed a gold medal.”

It’s ironic that the first snowboarder to win a medal for the sport — a Canadian — tested positive for weed.

It’s not ironic at all that the same dude wants to become a Liberal MP. Snowboard boots, jackboots — same thing, really.

It really does cover all the ground, doesn’t it? Just lacking the obligatory German rendering of SWAT as Sturmabteilung, and we’re golden, as they say.

SWAT forces now spend more time doing non-SWAT policing

Filed under: Bureaucracy, Law, USA — Tags: , , , , , — Nicholas @ 12:48

Or, more accurately, militarizing the sort of police activity that ordinary police officers would once have done:

. . . last year Maryland became the first state in the country to make every one of its police departments issue a report on how often and for what purpose they use their SWAT teams. The first reports from the legislation are in, and the results are disturbing.

Over the last six months of 2009, SWAT teams were deployed 804 times in the state of Maryland, or about 4.5 times per day. In Prince George’s County alone, with its 850,000 residents, a SWAT team was deployed about once per day. According to a Baltimore Sun analysis, 94 percent of the state’s SWAT deployments were used to serve search or arrest warrants, leaving just 6 percent in response to the kinds of barricades, bank robberies, hostage takings, and emergency situations for which SWAT teams were originally intended.

Worse even than those dreary numbers is the fact that more than half of the county’s SWAT deployments were for misdemeanors and nonserious felonies. That means more than 100 times last year Prince George’s County brought state-sanctioned violence to confront people suspected of nonviolent crimes. And that’s just one county in Maryland. These outrageous numbers should provide a long-overdue wake-up call to public officials about how far the pendulum has swung toward institutionalized police brutality against its citizenry, usually in the name of the drug war.

It’s easy to see how this happened, all over North America, not just in Maryland. Increasing perception of the dangers of the drug war fed the demand for more SWAT-type forces in more and more police departments. Once in place, extensively equipped and expensively trained, the police authorities needed to justify keeping these teams active and involved . . . that is, they couldn’t pay them to sit around waiting for a hostage-taking or a major drug bust. They needed those officers to be out doing things — preferably media-friendly “big” things.

Even in the most dangerous areas, there are only so many situations that rationally require the heavy hand of the fully-armed SWAT team, so the incentives were already in place to expand the role from the original (and relatively rare) combat-style deployment to other, less dangerous (but often more mediagenic) crime fighting.

Anyone in the army can tell you that even in wartime, the majority of soldiers don’t get shot at: they patrol, they train, they do various military and non-military activites. For policemen-as-combat-troops, there are even fewer chances to use all their expensive equipment and training. The temptation to use the SWAT team for less and less dangerous activities is overwhelming, which is why you get the lads and lasses in bullet-proof vests and army helmets appearing even for non-violent misdemeanor offenses.

The choices for law enforcement are not good: disband your SWAT team and run the risk of not having the resources on hand when you actually do need that kind of force, or stay the course, keep the SWAT team(s), and keep them busy so it doesn’t look like you’re wasting a big chunk of your annual budget on inessential services. The bureaucratic instinct is to avoid courses which carry a potential result that could reflect negatively on the organization — which is why you rarely hear about police departments giving up their SWAT teams.

March 1, 2010

UK Photographers . . . act now, or lose your rights

Filed under: Britain, Law, Liberty — Tags: , , , , — Nicholas @ 15:52

Philip Dunn has all the bad news, photography-wise:

Photographers to lose copyright protection of their work

This startling and outrageous proposal will become UK law if The Digital Economy Bill currently being pushed through Parliament is passed. This Bill is sponsored by the unelected Government Minister, Lord Mandelson.

Let’s look at the way this law will affect your copyright:

The idea that the author of a photograph has total rights over his or her own work — as laid out in International Law and The Copyright Act of 1988 — will be utterly ignored. If future, if you wish to retain any control over your work, you will have to register that work (and each version of it) with a new agency yet to be set up.

I had wondered where Lord Mandelson had picked up his “of Mordor” sobriquet. Now I know. Oh, and it gets even worse:

Photographers are to lose all effective rights to take photographs in public places.

Not content with taking away photographer’s copyright, another section of this Government is proposing sweeping changes to your freedom to take pictures in public places.

The Information Commissioner’s Office (ICO) has deemed that a photograph taken in a public place may now be considered to contain ‘private data’.

This means that if you take a picture in the street and there is a member of the public in the shot, that person has the right to demand either payment — if you wish to publish the image — or that you do not publish it. In fact, according to the ICO. There does not actually have to be an objection, it is up to the photographer to ‘judge’ whether the subject might object. Now work that one out if you can.

You may think this won’t affect you . . . but if you’ve got a camera in your cell phone or MP3 player, it’s going to have an impact. Contact your MP now and explain that you don’t approve of this drastic change in the law and try to get it tossed out before it becomes law.

February 17, 2010

“Not a single American consumer complained”

Filed under: Europe, France, USA, Wine — Tags: , — Nicholas @ 17:26

French wine merchants scam US wine importer:

A dozen French winemakers and traders have been found guilty of a massive scam to sell 18 million bottles of fake Pinot Noir to a leading US buyer.

The judge in Carcassonne, south-west France, said the producers and traders had severely damaged the reputation of the Langedoc region.

The 12 more than doubled profits passing off the wine to E and J Gallo under its Red Bicyclette brand.

The case came to light when French Customs noticed that the winemakers were selling more Pinot Noir to Gallo than was grown within the Langedoc region. Don’t feel sorry for the fraudsters: along with suspended sentences ranging from 1-6 months and fines from $2,000 to $156,000. The swindle netted over $10 million. It’s not clear whether they had to repay those profits.

We once had neighbours nearly this bad . . .

Filed under: Law, USA — Tags: — Nicholas @ 12:13

. . . and yes, there was a body, but that’s a different story. Solomon talks about the Alabama shooter, before she moved to Alabama:

By now you’ve heard all about the University of Alabama shooter, Amy Bishop, the shooting rampage, the old murder she got away with (the “cover-up” and the connection to now retiring Congressman Bill Delahunt), the letter bomb she likely sent…

Turns out I have a tenuous connection to this woman. You see she used to be the next door neighbor of a good friend of mine in Ipswich (a north shore Boston suburb) for a few years. At the time I used to hang out at his house quite a bit. This was one of those typical suburban neighborhoods with little traffic, lots of kids, smallish houses fairly close together without a lot of fences.

I remember when the previous neighbor moved out it wasn’t long before my friend started complaining. He had a deck in the back of his place that was effectively on the second floor making it very visible to the neighbor’s yard and house. So one day I go over to find that he had erected a wooden privacy fence on the side of the deck facing their yard — and only on that side. So I’m like, “Uhh…isn’t that a little uncomfortable. I mean it’s obvious you put that there just to block only those people.” He tells me he does…not…care. He doesn’t want to look at them, and he doesn’t want them to look. He hates them, as does the entire neighborhood.

Our bad neighbour issues weren’t quite as bad, although we did feel like we were escaping when we finally did move out. And we did have to provide emergency first aid to a severely wounded man who staggered to our front door one night (he eventually died, but not officially of his wounds from that incident). He’d been partying at our neighbour’s house, and an argument got out of hand. But, so far as I know, our bad neighbour didn’t leave a trail of multiple bodies . . .

February 11, 2010

QotD: Slandering and insulting Uzbekistan

Filed under: Asia, Law, Media, Quotations — Tags: , , , , , — Nicholas @ 17:02

Yesterday Uzbek photographer Umida Akhnedova was convicted of slandering and insulting her people. Her crime consisted of taking pictures, such as the one on the right, that government officials thought made Uzbekistan look bad. Among other things, The New York Times reports, Akhnedova was accused of “showing people with sour expressions or bowed heads, children in ragged clothing, old people begging for change or other images so dreary that, according to a panel of experts convened by the prosecutors, ‘a foreigner unfamiliar with Uzbekistan will conclude that this is a country where people live in the Middle Ages'” (a misleading impression, since the Spanish Inquisition never persecuted people for taking photographs). The government also charged that Akhnedova’s 2008 documentary about the Uzbek custom of verifying a bride’s virginity is “not in line with the requirements of ideology” and “promotes serious perversion in the young generation’s acceptance of cultural values.” Although her crime is punishable by up to three years in prison, the judge let her go, officially to celebrate the 18th anniversary of Uzbek independence but possibly also because the publicity surrounding the case was tarnishing Uzbekistan’s reputation (no mean feat).

Jacob Sullum, “One Frown Over the Line”, Hit and Run, 2010-02-11

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