Monday, July 29, 2013

Intolerance, the GOP, and "Christian" values

I totally missed this one, and shame on you all for not bring it up either. J/K :)

"The Newsroom" mentioned this in tonight's episode. Apparently at one of the forgettable and often pathetic 2011 GOP primary debates hosted by FNC, they aired a clip of a soldier serving in Iraq who just came out as gay on YouTube and asked the candidates if they would roll back the progress that gay and lesbian soldiers have made. Loud boos came from the audience, and not a single candidate had the courage (not even courage, but minimum human decency) to support that soldier - who was taking a major risk - and chastise members of the crowd who were disrespectful. At least in 2008 McCain had the decency to correct the people who were spouting Obama lies/hate/fear (much to his political peril among some conservatives, unfortunately). The question was directed at major bigot Santorum, who blah blahed a little about how sexuality has no place in the military (and he got cheers for that). Just like how racism is no longer a problem in the US, and abstinence is the best way to fight AIDS.

http://www.youtube.com/watch?v=3c-Ijky95dc

I guess during that summer of GOP debates, there were also regrettable crowd reactions like cheers for TX's prolific executions and letting the sick uninsured die. But for the "pro-military" party, I can't believe how they handled the gay soldier issue. He had to hide who he was, and probably endure a lot of homophobic conversation weekly, just to live through 120 degree heat and get shot at/blown up. All that because he cared enough to serve the US in the armed forces. And I think this was the first time in a long time that the entire GOP field had not served in uniform at all. So yeah, they have every right to pass judgment and hang that soldier out to dry.

http://www.youtube.com/watch?v=2xT1iMvTwYI
http://www.youtube.com/watch?v=irx_QXsJiao

Well, after the repeal of DADT and various state and federal court rulings, one could argue that the LGBT crowd got the "last laugh" and are on a winning streak vs. the old, hateful ways of a certain wing of the GOP. Obviously there's a long way to go before sexual orientation discrimination is no longer an issue, but we have to hold people accountable when they are exhibiting shameful behaviors. I don't think Romney's trouncing has done anything to reverse the undercurrents of bigotry that exist in some of the GOP, and frankly I don't know what will. But for those who believe that homosexuality is a sin, a choice, a disease, a deviant lifestyle, etc... how is this for thought?

There are plenty more damaging and even deadly transgressions discussed in the Bible that we should probably address before we try to eradicate homosexuality from society. For those who are so against gays and the "sin" that they represent - are they just as intolerant and vociferously opposed to the rampant selfishness and greed that has caused great suffering and even deaths worldwide during the recession? Are they similarly protesting the brutality and violence of our penal system and foreign policies? And will they also boo those who show a total lack of Christian compassion for the poor, the sick, and the mistreated (and may even contribute to their pain)? Fight those fights first, because as far as I know Jesus didn't bring up homosexuality even once in all the Gospels. And if he did, I really doubt it was in the context of booing them.

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Come on, that's just LIBERAL MEDIA talk. The right and honorable Mr. Rick Santorum totally would have condemned those boos...if he had heard them.

"I condemn the people who booed that gay soldier. That soldier is serving our country. I thank him for his service to our country. I’m sure he’s doing an excellent job; I hope he is safe and I hope he returns safely and does his mission well.
I have to admit I seriously did not hear those boos. Had I heard them, I certainly would have commented on them. But, as you know, when you’re in that sort of environment, you’re sort of focused on the question and formulating you answer, and I just didn’t hear those couple of boos that were out there. But certainly had I, I would've said, “Don’t do that. This man is serving our country and we are to thank him for his service.”

I mean, you could barely even hear those boos, how could he have known they were booing? Or what exactly they were booing? Maybe they were booing something else.:
"Kelly brings up an excellent point, sharing that it was unclear whether those booing were doing so because of the soldier, or the content of his question"

Because if that was the case, then it would have been totally okay right?

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Haha thx. Gotta love the excuse machine. That's kind of amazing that 10 candidates + the moderator didn't hear anything from what seemed to be dozens/hundreds of booers in the crowd. They were just too dialed in! They presumably heard the question (which they were concentrating on) and the video... so putting 2 and 2 together, could they at least acknowledge that soldier's patriotic service and legit concerns, apart from the issue of crowd boos? They acted like that man didn't even exist, and Kelly was giving them a hypothetical question. Humanizing an issue with an actual personal example makes it harder to blanket stereotype and hate (kudos to Google and Fox for that I guess). I guess that's debating for dummies 101 though: when you don't like the question or direction of the discussion, just pretend it never happened and talk about what you want to talk about.

At least in 2008 McCain had the decency to respectfully and diplomatically correct people who were spouting Obama lies/hate/fear (much to his political peril among some conservatives, unfortunately). And McCain was a fogey probably going deaf and senile at the time. He heard the boos and did the right thing. 

http://www.youtube.com/watch?v=3c-Ijky95dc

Friday, July 19, 2013

Obama comments about race and the Zimmerman Martin case

"I just ask people to consider, if Trayvon Martin was of age and armed, could he have stood his ground on that sidewalk? And do we actually think that he would have been justified in shooting Mr. Zimmerman, who had followed him in a car, because he felt threatened? And if the answer to that question is at least ambiguous, then it seems to me that we might want to examine those kinds of laws," - POTUS (I said it first :)

Obama said it would be useful ‘‘to examine some state and local laws to see if they are designed in such a way that they may encourage the kinds of confrontation’’ that led to Martin’s death. He questioned whether a law that sends the message that someone who is armed ‘‘has the right to use those firearms even if there is a way for them to exit from a situation’’ really promotes peace and security. -boston.com

THERE YOU GO! THAT'S THE OBAMA WE KNOW HE CAN BE! Use the bully pulpit and tell the country what it needs to hear (and what it isn't getting from other leaders and the media). He doesn't have to be tough or shocking, because truth and decency are on his side (unlike the drones-PRISM issues). Now if only he could do this with Congress and the Pentagon.

http://www.theatlantic.com/politics/archive/2013/04/has-president-obama-done-enough-for-black-americans/274699/
http://www.boston.com/news/nation/2013/07/19/obama-says-martin-could-have-been-years-ago/8ZsgQWShtvkRA8ZC7NbnTK/singlepage.html

I was about to call out No-Drama Obama for cowardice for being the first minority president who seemed to be avoiding comment on the Zimmerman case (though he is conscientious, and probably wanted to let things simmer down a week after the verdict before commenting). He didn't event spend 24 hrs in Africa during his first term (and that was for the Cairo speech with a predominantly Arab audience), despite a massive outpouring of love (and need) from that continent. For how much Obama discussed his identity in his books, now he tends to duck race, unless he has to diffuse controversy over Rev. Wright or Prof. Gates. And in those situations, he shone - so why not talk about race more (within reason)? I think America wants it and needs it, and he is the right messenger for it. With so much political hostility and economic uncertainty, maybe race is the best medium for Obama to fulfill his promise to bring America together - and part of that involves letting go of bitterness, misinformation, and defensiveness, to start replacing pain with understanding. Only the most douchebag conservatives would cry "race baiting," which is ironic because I think they are some of the biggest bigots in politics and the most opposed to reconciliation.

Obama hasn't really done much that particularly benefits minorities during his time in office, apart from the Dream Act mostly meant for Latinos. Since blacks already vote overwhelmingly Democrat, could they be taken for granted, even by Obama? Martin is the biggest racial crisis of his presidency, so I was glad to hear his presidential and candid comments today. The goal was clear and necessary: provide context and explain to mainstream America why the black community is so upset over the case (they're not just hotheaded rioters, but this is the latest preventable tragedy in a long sad history of highly targeted prejudice). Show them what it's like to be a young black man, feared and under suspicion (and maybe harassed/attacked) even though you're doing nothing wrong. Life is a lot harder and crappier when many signs around you are telling you that you are inferior, scary, and even evil. Though it's sad that we need Obama and the gravitas of his person/office to communicate this to America. This should not be breaking news, unless you have your head in the sand. But that is the first step towards reconciliation and harmony, empathy/acknowledgement for others, even if it's hard to do - freaking obvious but sadly lacking in much of society. We can't keep using our racist past as a crutch/excuse/cop-out, but we can't sweep it under the rug either. So we can't worsen matters, and increase the risk of another ugly incident to set us back, with stupid policies and false beliefs.


On Real Time, Maher mentioned some stats that in the history of SYG in all the states that have it, a white defendant is >300% more likely to be found not guilty for shooting a black person vs. a white person (I know the context of each case could be different). A Tampa study of 200 SYG trials in Florida found that the defense worked 73% of the time when the victim was black. His guest said that 70% of the US prisons and 90% of NYC stop-and-frisk targets are non-white, yet the overall US population is 72% white. So that touches on the profiling and equal justice for all issues.


http://www.mediaite.com/tv/maher-battles-gopers-on-obamas-speech-unless-people-see-burning-crosses-they-think-racisms-over/

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Also, I heard about half of the rebroadcast Commonwealth Club program below with Jon Alter about his book on Obama's first term and the Obama-Romney election, The Center Holds. I'd like to hear the whole thing later, but he brought up a good point for progressives to remember when we are disappointed with Obama. We have every right to be disappointed, but imagine if Romney won (kind of a false choice I know, since we would hope for and deserve better selection). Like with Carter and Reagan, Romney could have taken credit for the economic recovery started under Obama. Regardless of who sat in the White House in 2013, the deficit was going to shrink (by hundreds of billions), the markets were going to rise, and unemployment/housing numbers were going to improve. It is likely that Romney-Ryan would have repealed Obamacare, rolled back a lot of regulations, gave huge tax breaks to the rich, and implemented many parts of the draconian Ryan budget early in their term. In typical fashion, they would have taken credit for the positive economic signals, attributing them to their pro-business, anti-socialist "reforms". Of course in the fact-based world, that narrative is a joke. But those ultra-libertarian, 1% skewed policies could have gained national traction and a foothold in DC. In Alter's words, "Progressive ideas would have been set back for a generation." Not progressive ideas actually, but the commonly-accepted (by the 99% at least) beliefs that it is good for America that we care for the old/needy, have a fair playing field, and keep the US a nation of, by, and for the people - not the plutocrats.

http://www.commonwealthclub.org/events/2013-06-18/jonathan-alter-obama-presidency


Jonathan Alter: The Obama Presidency


Bloomberg View columnist and author Jonathan Alter uses his unmatched access and deep knowledge of politics and history to produce an unparalleled account of America at the crossroads. Peering behind the curtain at the White House and the presidential campaigns with exclusive reporting and rare historical insight, Alter reveals the twists, turns and high-stake political decisions of the Obama presidency. Alter also examines Obama's adversaries, providing fresh details about the Koch brothers, Grover Norquist, Roger Ailes and the "online haters" who suffer from what Alter calls "Obama Derangement Syndrome." Alter goes inside what he calls the GOP "clown car" primaries as well as Obama's disastrous preparation for the first debate. The program also meets Obama's analytics geeks working out of "The Cave," and the man who secretly videotaped Mitt Romney's infamous comments on the "47 percent." The conversation is moderated by Joe Tuman, professor of legal and political communications at San Francisco State University, and political analyst for CBS 5 Television.

 
Fri, Jul 19, 2013 -- 8:00pm

Tuesday, July 16, 2013

Immigration reform bill, amnesty, and path to citizenship

I am really intrigued by the whole illegal immigrant bill and associated debate going on right now.  There seems to be a lot of effort and general support from dems to provide amnesty or a path to citizenship for illegal immigrants.  I also see opposition to reporting those here illegally as part of booking them for other crimes.  What i never hear is the justification for amnesty or the justification for not considering someones immigration status when booked for other crimes.


To me I get that there is a human rights aspect to this.  A family moves here with a 1 year old child illegally, child grows up here for 10+ years, does it really make sense to deport him back to wherever?  Is breaking up that family ok?  On the other hand I think of the analogy of someone struggling to feed their family breaking into a home and robbing them.  He uses that money to feed his children, raise them right, and send them off to college.  But if he is caught after all that time, he still owes the money back.  He still stole it.  What legal or moral right does he have to any of it?  Sure it isn't his families fault he got the money illegally but tough cookies he broke the law.  

So what exactly is the argument for giving those currently here illegally citizenship?  Is it similar to the drug war where making something illegal doesn't solve any problems and creates new ones to boot?  What do we say to those who are still in the waiting line for the legal option?

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Thx for your thoughts. I am not aware of the fine print, but I also agree that the Dems' push for a path to citizenship is a bit excessive. I mean, Reagan gave the last amnesty with very few strings attached, so the GOP don't really have much credibility to be hard on the Dems - though to be fair Reagan would not really be identified as a Repub. today on many issues/practices. Citizenship is a pretty big deal (and as you said the legit line is very long), and for sure not many of the illegal immigrants currently here would qualify or see it through if it were law tomorrow. But still, it may send the wrong message. I would be OK with giving them work permit/legal resident status instead as the ultimate goal. Why should there be a path to citizenship specifically vs. residency status? I didn't see really compelling arguments for that online. Maybe the rationale for granting citizenship is kind of ideological: as you said these folks have demonstrated "American-ness" in every other way possible, so why not out of respect grant it to them after paying some fines? Or as the GOP says, maybe it's a hand-out to win Latino votes.

I would disagree regarding your burglary analogy. In that case, the thief is hurting an innocent private citizen and taking something from them. For illegal immigration, in most cases it is a "victimless crime" where no one is harmed and in fact many Americans may benefit without even realizing it. Of course that immigrant (if amnestied) may be "taking a spot away" from someone in line who played by the rules. And if that immigrant got some gov't assistance, that is fewer resources for others in need. But in general I think immigrants contribute more to the US than they take.

Did you know that you can also buy your way to a green card? Doesn't that also disadvantage the immigrants who are waiting patiently but can't afford a $0.5M-1M fast-pass?
For individuals booked with a crime, depending on the severity I guess it's valid to ask for immigration status and deport/imprison bad offenders. But I think the big problem was in states like AZ, they passed profiling laws where authorities could ask anyone they wanted for proof of citizenship on the spot. And of course they tend to ask people who look a certain way.

Tangentially, Maher commented that the GOP's insistence to "militarize" the southern border (Border Surge) as a prerequisite for imm. reform is a direct consequences of our draw-down in the War on Terror. Many contractors are going to be assed-out, so they need to replenish their revenue with more ludicrous spending on high-tech hardware and troops (in this case B. Patrol agents) we don't really need. Supposedly in the Senate bill there are specific provisions for the purchase of certain tactical systems from certain companies. In total the Surge would be $38B in additional spending - advocated by the austerity-or-bust party. For scale, all food stamps spending in the US in 2010 was $64B.

http://www.washingtonpost.com/politics/immigration-deal-would-boost-defense-manufacturers/2013/07/01/d1c115e4-df63-11e2-b2d4-ea6d8f477a01_story.html?hpid=z1
http://www.huffingtonpost.com/2011/05/13/10-states-with-the-greatest-food-stamps_n_860233.html

Also an interesting side-note about drones: I thought they would be a lot cheaper than manned craft. But according to "The Newsroom", an F-16 is about $500M while a Predator is about $300M - not much savings! Well if you include the pilot training and future care costs, maybe that's another $5M to the manned craft bill? How the hell can an oversized RC propeller plane (that is lower tech, can be hacked, and is slower than an F-16), cost 3/5 as much!?!

Sunday, July 14, 2013

The Zimmerman jury may have gotten it right, but now what?

Most of us probably believe that it was wrong for Zimmerman to confront Martin in the way he did, and it was a tragedy that the boy died. But in terms of a conviction, unfortunately there just wasn't enough there to prove the strict definitions of 2nd degree murder and/or manslaughter. It's not like he killed Martin outright... he first put himself in dangerous proximity, and escalated into some sort of verbal and physical altercation. He's misguided and showing poor judgment, but not a murderer. Obviously he is a child killer, and yet a hero to many.

What about the trial's greater implications? Our culture, racial policies, and gun laws were not on trial - but they are still open issues for debate. Obviously after Oscar Grant, Martin, and many other examples, I assume the black community and many other Americans are tired of seeing young, lower income, unarmed people of color getting beaten or killed, while the lighter-skinned, gun-toting perpetrator is acquitted or given little punishment (in their opinion). Anger is high and some may want to lash out violently. On the other side, Zimmerman and his supporters may expect that. These folks probably favor concealed-carry, stand-your-ground, unrestricted 2nd amendment, and other legal provisions that enable firearms to be lawfully used for more self defense and vigilante scenarios. So they may want to carry their weapons more often, and may be even more paranoid when confronted by others whose appearance scares them. That's a volatile combination of circumstances.

We discussed this a bit before, but as you'd expect I find such laws that enabled Zimmerman to legally create the tragic situation in Sanford fairly outrageous. We know almost any adult can purchase a gun in America with next to no "qualifications". And in states like FL, you can easily get a permit (if you even need a permit) to carry your gun loaded in public - as long as you are not intoxicated, brandishing it so others feel threatened, etc. Americans get buy guns easily and have loaded guns almost everywhere in a variety of situations - thereby increasing the likelihood that a Sanford type killing, an outright crime, or an accident occurs.

Adding SYG to that, in incidents where conflict ensures and the shooter feels in danger, he/she can use deadly force as self defense and be legally justified. Premeditated malice and aggression aside, it barely matters how you got into the mess (especially when evidence is sketchy, if it's even relevant/admissible), as long as you can prove you were under attack - you have "a license to kill". Does that mean any moron can start shit with anyone else, and when they get in over their head and things go south, they can "kill their way out of trouble?" What if 2 armed people get into a fight? Whoever shoots first under threat will be the "winner". So will that incentive people in those states to be even more hasty and trigger-happy?

http://www.theatlanticwire.com/national/2012/03/23-other-states-have-stand-your-ground-laws-too/50226/

FL and 23 other states have some sort of SYG. They are basically every state below the Mason-Dixon, plus IL, WA, NV, OR. Maybe the best way for blacks and concerned citizens to "have their revenge" against the system and our gun-happy, conflict-happy culture is to boycott. Move out of those states, don't do business with them, don't contribute tax dollars to them. If enough people do it, leaders will start to get the picture and maybe change the laws/norms. Plus, with all the non-pistoleros leaving those communities, the only people left will be the Zimmerman types. It will be more likely that they get into armed altercations with each other, thereby reducing the pro-gun population and creating a lot of negative press for the gun/vigilante/self defense crowd. Because maybe that is the only thing that will really move the debate - when a non-poor, fair-skinned, pro-gun shooter kills a non-poor, fair-skinned, pro-gun victim. Unfortunately it seems that dead black people piled up to the ceiling (forgive my crudeness, but just look at the Chicago and Oakland cases) is not enough to get America and its lawmakers to care.

Or another option is, "if you can't beat em, join em". Zimmerman opponents can start acting like him. Imagine if Martin was an adult and went through the necessary steps to carry in public. Once Zimm. was following him and starting stuff, he could have just killed Zimm. and the trial would have been inverted. It would have been even easier to argue self defense since Zimm. was armed, was the instigator, and his prior 911 call showed prejudice and intent to confront aggressively. With Mark O'Mara, the gun lobby, AND the NAACP defending Martin, no way he would be convicted (unless the FL justice system is truly racist). Maybe that is what is needed, legally armed black people fighting back and killing gun-toting racial profilers who mess with them? Obviously I'm being facetious here, but my point is: look at what these laws and culture could lead to. A nation where almost everybody has the legal authority to be armed in public (with ever more deadly weapons), and use those arms to lawfully kill in an increasing multitude of situations, is not a freer or better society. It's goddam Tombstone. And it won't make your suburb any safer, it won't protect your kids from a deranged school shooter (who likely outguns and outcrazies you), and it won't defeat Al Qaeda or our tyrannical socialist gov't.

So yeah, I would advocate the boycott approach before the Tombstone approach.

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For the record, they also compared SYG to Tombstone - but I called it first. ;) They also showed footage of Zimm's brother discussing how George would have to look over his shoulder for the rest of his life because people may want to take matters into their own hands. It was pathetic that the brother didn't grasp the irony.


Also, CNN aired an interview with one of the anonymous jurors (who already landed a book deal, but it got cancelled after her interview aired since it seemed wrong to profit from what some see as a blatant injustice), a married middle-aged white female gun owner. http://www.youtube.com/watch?v=vvrpp4SODBE
http://www.npr.org/2013/07/16/202566703/juror-b-37-speaks-out-about-zimmerman-verdict

When asked if race played a role in Zimm's actions, the juror said that, "[it wouldn't have mattered to Zimm if Trayvon was] Spanish, white, Asian..." Do we want to trust the verdict in a racially-charged trial to a person who can't even articulate the major ethnic groups? Heck, as the defense joked, the main criterion for juror eligibility was a lack of prior knowledge of the incident. This was the case with previous high-profile trials as well, but that's kind of scary that the court has to select the most un-informed and apathetic among the juror pool. The interviewed juror also admitted that she did not follow the judge's orders when coming to a verdict. The judge ruled to disregard the lead investigator's (Chris Serrino, sp?) testimony that he felt Zimm was truthful, yet the juror said that quote made "a big impression" on her decision because of Serrino's experience. Justice definitely served. Lastly, the juror said that of the 6 women, 2 initially believed Zimm to be guilty of manslaughter, but eventually were persuaded to join the acquit crowd (1 of the 6 abstained or still supported manslaughter). You'd think that harassing and brandishing a firearm to an unarmed minor on a public street would break some sort of US law.

Like the Ted Stevens and OJ trials, I'm getting tired of prosecutors wetting the bed. Trying to make a name for themselves or under external pressure, they over-reach with big charges that may not have enough evidence to support them. And then they totally botch the execution too. How can they agree to a jury of all women and all having common ethnicity with the defendant, but not the victim? How can they not prepare their witnesses better (the defense basically turned them over), and not put Zimm on the stand himself? I am fairly ignorant about legal matters, so I'm sure other factors were at play, but I'd like to see an explanation or expert evaluation of their decision/performance. Just not from a juror's book deal.


I think this trial did produce a conviction on US society. We are guilty of tolerating and perpetrating a culture of hostility, fearful stereotyping & over-reactions, shoot first, and "violence solves problems" that will continue to result in civil rights violations, misunderstandings, and tragedies (if not actual crimes).

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From all objective legal accounts this couldn't have gone any other way.  The judge instructed them that Z was within his legal rights, per Florida state law, to follow Martin, approach him, etc.  And once a scuffle ensued if he felt threatened it would not be manslaughter to use his weapon.  Florida does not require you to retreat as part of a self defense act.  Given no other witnesses to the activity, relatively poor circumstantial evidence, etc how could someone not have a reasonable doubt that this was a legal act as opposed to manslaughter?  Are we saying there is NO reasonable doubt that Z started the fight?

 
And the ethnicity thing is killing me.  So all the women were half hispanic?  Is there some evidence somewhere that this was motivated by race?  Zim has previously stood up in city council to berate a white officer whose son attacked a black homeless man.  Not a particularly racist thing to do.  Profiling sure, i'll grant that, but those aren't the same thing.  

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I agree with you about the verdict - it's pretty much a slam-dunk actually, and the prosecution were morons for trying to pin him with murder 2. By the strict interpretation of the law, he was not guilty. I am not sure how the verdict would have changed in NY or CA. I never said that Z was a racist and I do think his actions were motivated mostly by a "civic duty" to protect his community from crime. But from a jury standpoint, it's hard to believe that race played zero role in their decision making process, even though the lawyers did their best to avoid the issue. Humans have biases, so if we can't remove them, at least we should balance them out and cancel them out. I'm not saying the jury was all racist either, but we tend to relate better to people who are similar to us. Isn't that why it's rare to have a very homogeneous jury? I don't know why it was only 6 instead of 12 people (maybe FL law?), but I think a mixture of backgrounds is often good to avoid tunnel vision and groupthink. Despite the racial makeup of the jury, 2 of them were initially favoring manslaughter for Z anyway, but were persuaded to change.

You'd think that harassing and brandishing a firearm to an unarmed minor on a public street would break some sort of US law (or it should, right?). I guess this trial did produce a conviction of US society. We are guilty of tolerating and perpetrating a culture of hysterical hostility, fearful stereotyping & over-reactions, shoot first, my gun is my freedom, and "violence solves problems" that will continue to result in civil rights violations, misunderstandings, and tragedies (if not actual crimes). 

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Listen to the 911 call and tell me about harassing him.  And no one has any factual reports that he pulled his gun anytime but the last minute as far as i know.  


He would be guilty for sure in ca or ny or any of the more narrowly defined self defense law states.


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I have not been following the case closely, but while Martin was on the phone with his friend, couldn't you hear him say [presumably to Z], "Why are you following me?" That could suggest there was harassment (and who knows what else happened that wasn't caught on tape?). 

Based on Z's initial 911 call and his motivation for being a "watchman", I think we can assume that he prejudged Martin and confronted him with the intent to run him out of the neighborhood (ostensibly to thwart a crime), possibly by intimidation/threat.

I wasn't a witness obviously, but I find it doubtful that Martin would just suddenly attack an adult stranger who approached/followed him on a dark night. So I think it's plausible that Z did something to scare/provoke Martin, and made the teen feel the need to react and "defend himself" first. But that's the problem with fighting... how do you differentiate between attack and defense, because a punch is a punch? Even straddling and pummeling a person could be defensive, if the purpose was to prevent the person on the bottom from drawing a deadly weapon.

There are "good Samaritan" laws to prevent people trying to help in a volatile situation from getting sued later if they accidentally did harm. But I think there are limits to that protection, like gross negligence voids it. I would hope that SYG laws have limits too - if the shooter puts him/herself in a bad situation and escalates it (if that can be proven), then he/she is no longer covered. Otherwise the law incentivizes violent confrontation, regardless of intent. What if I went into Little Havana with a loudspeaker and started to yell pro-Castro slogans? Assuming people took enough offense to approach me with demonstrable intent to physically harm, I can just shoot them legally? I am not an expert in SYG so maybe there are such common sense limits.


And just when you thought things couldn't get any more effed up in FL, this is another case where a jury (racial composition unknown) found a woman defendant ineligible for SYG protection. She is a PhD, mother of 3, with no prior record, and black. She previously took out a restraining order against her husband for abuse. During their latest alleged altercation, she retrieved a gun in her home and fired a warning shot (according to her) into the ceiling to keep him away. But the court decided that she could not prove she was in imminent danger, so instead she was sentenced to 20 YEARS. I am not sure what the charge was, possibly attempted murder of the husband and/or child endangerment (since their kids were present). This is because FL has mandatory minimum sentences for crimes involving guns (10 years if you have a gun, 20 if you fire it). Some have alleged that mandatory minimum sentences are immoral and maybe racist. So I guess FL enables "lawful" gun owners to have a lot of leeway, but throws the book at gun "criminals". Based on circumstance, economics, etc., one of those populations is predominantly darker skinned and poorer.

http://www.dailymail.co.uk/news/article-2143313/Abused-Florida-wife-sentenced-20-YEARS-firing-warning-shot-husband-Stand-Your-Ground-defence-fails.html

Saturday, July 13, 2013

Cultural elitism, racial stereotypes, yellow journalism and the Asiana SFO crash

By now you've probably seen this: look what the morons at channel 2 KTVU did after the SFO crash. Doing local TV news proud! We've already discussed how the media is so hungry to break the next turn of events that their critical thinking and vetting go down the tubes (even for bigger outlets like CNN).

So that was a case of improper due diligence, but what is below is real racism (or at least ignorant, ethnocentric poor reasoning) IMO.

http://www.theatlanticwire.com/national/2013/07/malcolm-gladwells-cockpit-culture-theory-everywhere-after-asiana-crash/67058/

...could the fact that the pilots were Korean have anything to do with their behavior leading up to the crash? -The Atlantic

Non-experts just love to opine and speculate about foreign things, but they fail to realize that their efforts are not benefiting the conversation, not fixing the problem, and possibly lead to negative consequences for others. This Ohlheiser at The Atlantic is unfairly putting words in Gladwell's mouth regarding the somewhat inane question, "Did 'Korean culture' contribute to the Asiana crash?" In the past, Gladwell wrote a book chapter about Korean Air describing how they turned around from being one of the least safe carriers in the '90s (ostensibly because of Korean culture) to one of the best today. First, as if either Gladwell or Ohlheiser can properly define what Korean culture is, if that is even possible. And second, Korea follows some Confucian traditions shared by many other East Asian nations (some of which may be "deference to authority/elder figures, not speaking up about problems out of respect to save face, etc."). Does that mean JAL and Singapore and Cathay are also disasters waiting to happen? To me it all stinks of prejudice and cultural elitism - oh if those slant-eyes only acted like us, then maybe they wouldn't have crashed!

There is bad assumption on top of bad assumption here, with little to no official evidence released by authorities yet. Was the cause primarily pilot error? If so, did the rookie make the mistake because he was inexperienced (and his co-pilots weren't correcting him because of cultural norms, even at the risk of their own lives), or maybe because he deferred to the bad instructions of his superior without question? Because there are literally dozens of other speculative explanations, all of them supported by the same amount of data - zilch. It's a pointless exercise in gossip, but one that some love to undertake.

"I can understand why my Outliers chapter has been of interest, given how central cockpit communication issues are in plane crashes," Gladwell told The Atlantic Wire in an email, adding, "My sense is that we should wait for the full report on the crash before drawing any conclusions about its cause." - MG (well Ohlheiser, and CNN too, decided not to wait)

Gladwell of all people should respect the significance of outliers, even if The Atlantic doesn't. Air crashes are by nature outliers, or there wouldn't be a civilian air travel industry. You simulate the SFO crash conditions with the same flight crew (and wipe their memory each time), and they may only crash 1% of the time. Same if you test all Korean pilots, or all Asian pilots. Journalists often want to smoke out stories where none exist, so they imprint or imagine interesting patterns and narratives inappropriately. Sometime, shit just happens and race/culture have nothing to do with it. That may not be a sexy headline, but I thought they were in the facts business.

Ohlheiser makes a cop-out at the end of her story, saying that there "isn't enough evidence" (duh) to implicate deference as possibly contributing to the crash, but just raising the offensive question on such a public forum is the harmful act - not necessarily determining whether the controversial theory holds water. I am against the censorship of opinions (no matter how silly), but responsible, thoughtful free speech is preferred. Forgive me here, but all this is almost as bad as saying, "While there is no evidence and it's almost impossible to prove, could it be that Bernie Madoff's Jewishness contributed to his greedy and scamming actions?" No one would dare pose that question, much less try to argue for it, without expecting to be labeled an ignorant racist. But against Asians it's fine?

You can't just label all of Korean culture as deferential and poor-communicating. Could Samsung and Hyundai have succeeded against cutthroat competition (including competition from low power-distance companies) with those behaviors? In fact, Samsung is know for bucking that Asian stereotype and promoting some junior staff (who may or may not be foreign-born) who outperform the old Korean guys. That's more of a meritocracy than many US firms. And it's not like Asiana is some podunk outfit or reckless carrier. According to British industry research firm Skytrax (and reported by ABC), Asiana was rated the BEST airline in 2010. The top 10 list was mostly Asian and Mideast carriers ("deferential", Eastern cultures), and no low power-distance Western carrier made the top list (unless you count Quantas and New Zealand).

http://abcnews.go.com/Travel/worlds-best-airlines-fly-carriers-amazing-flights/story?id=10731548&page=2#.UeHPaW2eRNg

What the media may fail to acknowledge is that SFO is one of the worst designed and least safe airports in the US, according to Travel & Leisure. It is built on landfill in a very windy, foggy part of the SF Bay, and it's 2 main runways are very close to each other and totally parallel, with secondary runways crossing them mid-way. There were 55 "incidents" from 2006-2010. SFO was also ranked the 2nd worst airport in 2013 for flight delays, and their ATC has a reputation for being crappy (as partly evidenced by their on-time record).

With the airport’s crossing runways and so many flights impacted by fog and other weather delays, SFO administrators have long advocated a complete realignment of its runways into a safer configuration. This involves extending the airfield into the bay—a plan vehemently opposed by Bay Area environmentalists and windsurfing enthusiasts. - T&L

http://www.travelandleisure.com/articles/tls-most-dangerous-us-airports/5
http://www.news10.net/news10picks/slideshows/specials/243745/339/The-5-worst-airports-in-the-country-for-flight-delays

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I wrote to the author Ohlheiser about my issues with her story, and to be fair here is her reply and my reply.

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I appreciate your thoughts on my piece, but I am worried that you may have misread my intentions. The first line you quote from me, "could the fact that the pilots were Korean have anything to do with their behavior leading up to the crash?" was, I thought pretty clearly, a paraphrase of a question I believe to be erroneous that has been raised widely in the media over the past few days. I wrote (citing a press conference in which this subject was raised, as a result of already existing speculation among many journalists): 

"the conversation turned to a media speculation meme that's been bubbling about the deadly incident for about 24 hours: could the fact that the pilots were Korean have anything to do with their behavior leading up to the crash? " 

In my article, I linked to multiple outlets who asked this question without any hint of self-awareness, prompting me to ask Gladwell for his thoughts on the use of his essay to raise this question, in my opinion, absurdly prematurely.

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Thank you, Ms./Mrs. Ohleiser.

Sorry I don't watch TV news much because I feel it is of such low value, so I was not aware how much they have already posited the question. I agree that you were not the first nor the most blatant carrier of the message. But I have respect for The Atlantic from my past experience, and I hoped that you would not further add visibility to the silly story, even if you were subtly trying to criticize or shed light on it.

Maybe this would not be possible for you, but I would have liked to see you explicitly call out the other outlets for even raising the question without much evidence from the incident. And if they bothered to do some actual journalism before blabbering out speculations, the pre-existing body of knowledge suggests that their "theory" is unlikely to be true anyway. For me, it's not good enough to just say the media outlets are rushing to judgment (it's for-profit TV news after all, we should expect that). We have to hold them to account when their judgments exhibit such absurd reasoning, bias, and ignorance - even if arguably supported by Gladwell's past writing (applicability to the current SFO crash is questionable, as Gladwell also noted). We know that TV news can take things out of context to support the opinions that they wanted all along.

I have not yet read Outliers, but I generally respect Gladwell's work. As he intimated, I am not sure how the specific circumstances and conclusions of the Korea Air story can be used to explain other seemingly related (but we can't be sure yet) incidents like the Asiana crash - isn't it likely that Asiana mgmt. has also carefully studied the Korea Air case? There are instances of deferential, one-way communicating, high power-distance org's succeeding, as well as cases of low power-distance, free-communicating org's failing miserably. How do you make judgments and generalizations then? It depends on circumstances. Unless there are some controlled experiments and/or rigorous research, I am not sure how much we can scientifically and fairly attribute deference to successes or failures during unusual events.

"We don't know" is a fair (and optimal) response in many cases. Better than ridiculous snap judgments anyway.

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My piece was intended to add some context to what was a very, very, visible question over the past week. In other words, to explain why several outlets and cable channels ran long segments or articles rehashing the theory in the first place, and to push back with that context on why it wasn't really smart reasoning to undergo — the line of mine you call a "cop out," was, in fact, my point, that the outlets using Gladwell's theory here had no evidence to support it.  

For your further reference, here area  few examples of outlets raising this question without a critical eye (I think I linked to some or all of these in the piece) 


and a good debunking (which, sadly, I missed while writing my piece, as it's kind of buried in a larger analysis of the crash itself): http://www.slate.com/articles/news_and_politics/transport/2013/07/asiana_airlines_crash_stop_blaming_sfo_s_runways_and_korea_s_pilots_for.2.html  

Thanks again for reaching out, and I appreciate your engaged criticism here. 

To your second point: I am not equipped to do an analytical, evidence-based take on the veracity of Gladwell's theory itself, which is precisely why I refrained from doing so in my piece. However, you may find this very thoroughly argued critical take, published after my quick response to the speculation, interesting: http://askakorean.blogspot.hk/2013/07/culturalism-gladwell-and-airplane.html  

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I am embarrassed that I misinterpreted your purpose so badly (my fault for scanning hastily). However, I construed your comments about Asiana being a "much smaller" airline than Korean Air, and citing their 2 previous crashes, as comments intended to cast doubt whether Asiana was above the problems that Korean Air experienced and learned from - and therefore the deference explanation may still be valid. Maybe for balance and to avoid misunderstandings, you could have provided context that Asiana is in fact a highly rated airline with a very good safety record - as I expect many Americans have never heard of Asiana prior to this month and may make incorrect assumptions about them considering the recent media coverage and the single data point of the SFO crash.

You did describe how the deference theory was spreading like wildfire with little to no evidence, and you included Gladwell's quotes to show that he does not think such speculation is useful at this time, nor does he really support using the older Korean Air story to explain the current Asiana crash. But maybe to drive the point home, you could have cited some previous gaffes, such as the right wing media-propagated rumor that Iraq was behind 9/11 leading to a scarily high % of Americans still believing it today, in order to remind your readers of the dangers of jumping to conclusions (or even making casual prejudiced speculation) without sufficient proof.

Thanks again and best wishes with your work.

Wednesday, July 10, 2013

The biggest civil rights violation you've never heard of

http://www.npr.org/2013/07/10/200644779/history-professor-kept-mexican-repatriation-alive
http://public.csusm.edu/frame004/history.html

"If we were rid of the aliens who have entered this country illegally since 1921, stealing in as burglars might enter our homes, our present employment problem would shrink to the proportions of a relatively flat spot in business." - J Quinn, LA Supervisor

CA and the US southwest have historically had a higher % of Latino residents due to proximity to Mexico and former Spanish-Mexican sovereignty. Since the first days the US settled the West, we have been importing cheap Mexican laborers. Some of those people had children here who were born US citizens, supposedly with full legal rights on paper. They didn't sneak in here... they were asked to come here and had families in accordance with US laws. They helped Americans survive and prosper, despite often being treated inferior.

The "Mexican Repatriation" under Hoover during the Depression was an outrageous response by a desperate nation to keep "American jobs in the hands of REAL Americans." Where have we heard that before? As if getting rid of Mexicans would have ended the Depression - it probably would have exacerbated it! Next there was the illusion of immigrants "sucking America dry" and living off the gov't teat. People of Mexican descent were only 12% of the welfare rolls, consuming on average $20/month of gov't assistance (and that assistance was passed on in the form of consumer spending, often to white businesses). Yet deporting them cost taxpayers $68/family. So what were we gaining? Some of the people we kicked out were taxpayers and "job creators" too.

During 1929-1944, over 2M people were deported under this program, and 1.2M of them (60%) were US CITIZENS. It's not like they got rid of all Latinos, so in some cases families were broken up in the indiscriminate dragnet and never reunited (like ICE's rounding up of illegals today). The social climate was so hostile to Latinos that many of them voluntarily left the US too, at the rate of 10K/month in 1931. Similar to the Chinese Exclusion Act, the Latinos who weren't rounded up were often blocked or intimidated away from gov't services and employment. So if US society wasn't letting them make a living, is it any wonder why some of them ended up on welfare? A self-fulfilling racist prophecy. The "we're getting rid of criminal Mexicans" myth was pervasive, but it was likely that more crimes were being committed against Latinos than by Latinos at that time (Latinos rarely reported crimes against them to authorities, and witnesses would rarely stick their necks out for them).

The program explicitly targeted Latinos, and I am sure they were dispossessed of their legal property like what happened to the interned Japanese-Americans (we often forget that they were US citizens too). It is a tragedy of our education system that me as a US-born citizen didn't learn of this until I was 34. Speaking of Japanese Internment, some speculate that the Mexican Repatriation was a "warm up" and learning experience for the US gov't so they were more able to efficiently handle the Japanese-Americans.

After what happened during the Depression, it is an amazing display of grace and forgiveness that Latinos still want to live here, especially when they have had to put up with similar shit over the decades (physical laborer and domestic worker abuse, prop 187, border fence, Arizona law, the Tea Party, etc.).

And here is the official US gov't response:

In February 2005, California State Senator Joseph Dunn (D-Garden Grove) introduced Senate Bill 670 to apologize for the "unconstitutional removal and coerced migration" of Californians during the Great Depression. Before "The Apology Act for the 1930s Mexican Repatriation Program" was passed on February 22, it had twice been vetoed by Governors Arnold Schwarzenegger and Gray Davis. - C Frame, CSUSM

They were supposed to erect a plaque commemorating this tragedy, but so far nothing has been done.