Showing posts with label justice. Show all posts
Showing posts with label justice. Show all posts

Saturday, October 31, 2015

Chinese investors and techies inflating global real estate

I know we're probably tired of the cliched lamenting over "the good old days", but this NYT piece by a CA author describes the boom-and-bust cycle of "CA dreaming" since the Gold Rush. One generation feels like the prevailing dream is dead, but then a new dream comes to take its place.

But what about now, as our state is more constrained than ever (economically, environmentally, maybe culturally)? The inclusive middle class, environmentally-sustainable (if it ever was) CA dream seems to be in jeopardy now, replaced by the "tech dream" that only a small subset of wealthy folks can enjoy, and constant environmental crises (that the rich can mostly insulate themselves from). Of course the top earners in medicine, entertainment, finance, etc. can still partake in the dream; contrary to media hype, tech is only like 10-15% of CA's workforce and GDP. But we don't need CA to be a bunch of high-end condos, yoga studios, "$20 burger" foodie joints, plus the old suburban infrastructure (golf courses, Costcos, 5BR McMansions) grandfathered in - when the tech yuppies want to leave SF to get more space. There's more to CA than that, otherwise what's the point of paying the high prices to experience it?
Top schools ostensibly lead to top salaries, which lets your kids afford to live in the top school districts later and continue your legacy. But why is there such inequality in public schools that creates real estate bubbles in the neighborhoods near the best schools? What kind of "free society" do we have when some schools have metal detectors and 1990s computers, and some schools are like this?

I don't mean to be like "woe is me, my life is so hard." I'm not happy with some aspects of my situation, but I'm trying to keep perspective. What's scary is a big % of Americans have it much tougher, in CA and elsewhere. So what is the solution? Clearly it doesn't have to be this way, and there are many "mid-cap" cities that have a great rep for affordability, quality of life, and good jobs/schools (SLC, Raleigh-Durham, Denver, etc.). They make it work without being socialist. But it's just a shame that CA, the most populous and most economically important state, is becoming an exclusive country club with an entrance fee of $300K household income. "This land is your/my land," remember? Can't we do a better job sharing and making things easier for those with fewer resources (especially as our resources are further strained by environmental problems and gov't failures)?

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I foresee housing and land as a large problem in the future, more so than now.  People want to live near where they work.  And culture and food and art follows the places where people live and have money.  So desirable living areas will always be clumpy.  California just happens to be very desirable for a variety of reasons so I can't see a way to get these problems resolved.  And ultimately there will be a distribution of incomes available to people in these areas.  People have a very hard time voting in poor people into their neighborhoods by mandate and capitalism won't provide for them when demand exceeds supply.  Not sure I have any solutions but to say that your (and my) situation is in some objective sense terrific.  To be able to, but not easily, afford to live in a world city, raise a family, take vacations, you are a global elite.  But as you noted, locally you are a B- so it is hard to feel as good as you should.  I think if you consider only asian households you are more like a C+ haha.

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Yeah that is true, but I think a common complaint is that the high prices are forcing out the "traditional" artists and culturalists from SF, so all you have left are the wealthy consumers and capitalists.

An over the top documentary about it from Pelosi's daughter: Alexandra Pelosi on RT w Bill Maher -- Destructio…: http://youtu.be/ksTRKwCDCLM

Haha in Asian households, B- = whipping and C+ = sent to foster care!

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http://m.sfgate.com/news/article/Million-Dollar-Shack-documentary-Bay-Area-housing-6582122.php

First time I heard of the "ghost house" term referring to empty homes
that investors just bought to park their cash, but didn't bother to
rent out. You can guess where most of the investors are from. I wonder
what % of prime BA cities' housing stocks are affected. Probably
small, but enough to affect prices.

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This apparently has been going on in certain neighborhoods in London and other world cities for a while.  A product of Chinese money disallowed from buying stocks and the poor bond returns.  Can't blame them for finding the opportunity but it is hurting the locals.

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Agreed, it's legal, but it's making the median home price in Vancouver rise to $1.5MM (c'mon, Vanc. is nice but not that nice). According to that video, it's happening all over the Pac. Rim (NZ, AUS, SEA, SoCal), and I guess the desirable parts of Europe too (I guess Russians, Saudis, Emiratis, etc. are doing the same, but there are fewer such buyers).

This seems to be another global consequence of China's social-economic policies. Unlike the US, where ~50% of households own some stock (which is still way too low considering the ROI), for China it's like under 20% - maybe this is driven by the unproven (some might say corrupt) nature of their markets, and the cultural tendencies of Chinese to put their savings in cash or physical assets. So if retirement was more secure in China (better kids:parent ratio, more functional equities markets, gov't safety net), maybe there would be less demand for foreign property. And if Chinese are using illicit funds to buy real estate, then I also fault Beijing for not enforcing the laws and regs to make that harder to pull off. And I also fault parties in the US for not checking where the foreign buyers' funds came from. As you know, to get approved for a mortgage we practically have to sacrifice our firstborn, but it's all-cash home purchase, no questions asked.

But I assume that only the wealthiest 10% of Chinese have the funds to buy overseas real estate anyway - though 10% of China is still a shitload of buyers. This is offensive and I'm just joking, but sometimes I miss the '80s when the US and Western Europe were the only rich nations, and Japan was the only rising economic power to worry about. :)

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I think in China the basic idea is that land is something you can physically own and see with your own eyes. Chinese people (well people everywhere, but maybe moreso in China) feel that it isn't too hard to be an amateur expert in property prices - that you can beat the market basically. Finally, property prices are perceived to be relatively stable compared to other forms of investment.
Compare that with stocks, where who knows how to value anything. Stock markets in China are basically thought of as gambling markets (actually not too far off....), whereas property investment is the slow and steady, tried and true investment strategy. Everyone understands (or thinks they understand) real estate markets. Understanding stock markets is not something that the average Chinese person has much experience in.

Additionally, for very wealthy Chinese there is the idea that you want a property (or perhaps multiple) overseas where you can escape if things get bad in China. The Chinese don't like pollution any more than we do and most realize that overseas places are a lot nicer than most cities in China.

Finally, getting permission to convert money into foreign currency is a lot easier if you're buying property than if you're buying stocks.

Of course, the smart strategy would be to invest in low-cost index funds in a Vanguard coop account, but I guess Vanguard's marketing team hasn't made too many inroads in China yet :-P

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These days it seems that very little in the Chinese economy is slow and steady :P - they had a major RE bubble too with levels of speculation likely exceeding those of US-CAN. I could sympathize if the average Chinese person doesn't have a lot of good options for capital gains to save for their retirement, but I assume that it's the top 10% who are the ones buying most of the foreign property (i.e. the average Chinese can't pay $1.5MM cash for a CA condo).

I don't know if funds/pensions are very popular in China, but that overcomes the investor ignorance problem. Most Westerners have no idea about equities too, but at least they leave it in the hands of pros and pay them a commission (this strategy only screws them every decade or so with a widespread financial crisis :). And as you said, you can lower risk by diversifying (equities tend to outperform REITs and most single properties in the long term).

So there is a difference between a justifiable need for financial security, and greed. I am not sure what category most Chinese overseas RE buyers are, maybe both, but probably skews towards greed. That is legal but unfortunate in my book. And of course the same can be said of domestic speculators.

There is some harm in speculators manipulating the price of securities or silver. But then again, most people aren't paid directly from capital gains (except pensioners and rich fund mgrs). But if people are inflating the prices of life necessities, like oil, water, and housing - then it's a bigger deal. Like when oil rose to $120+ a barrel, some were saying that this wasn't the speculators' fault - it was just normal supply and demand. Maybe so, but it's pretty hard to precisely pin down causality in market price, which is of course an aggregation of many factors. But huge inflation in inelastic goods tends to hurt many but only benefit few.

Bottom line, I wish people would at least buy homes with the intent to use them, or make them available to those who need them. I understand that not all of us are "entitled" to an affordable picket-fence place with a 5 mile commute. It would be nice, but there is always going to be inequality in housing. Though I think we are at pretty bad levels in most of the economic centers of the world.

BTW - if you made it to the end of that YT video, you saw that horrendous quote from the real estate mogul d-bag with the Rolls. Something like, "I think a Googler working hard is more deserving of a home in Si Valley than someone who happened to grow up here. Just get more education if you want it." Yeah, as if the issue is that cut and dried. Hard work and edu is all you need to be a millionaire in CA, sure. It doesn't need further comment - but you are all welcome to vent. :)


Wednesday, August 5, 2015

Black lives matter vs. All lives matter is a false debate

Maybe this is a microcosm of the overall race impasse in America. Blacks and minorities want equal treatment as guaranteed by our Constitution (not to mention human decency). They are not calling for special treatment. Even the arguments in support of slavery reparations are not excessive and have plenty of precedent.

However, I think some whites dislike the race debate because (1) no one likes feeling blamed as the bad guy, or enjoying an unfair latent advantage (especially in a nation of "self-made" individualistic success), and (2) they get turned off by what they view as blacks/minorities already getting special treatment (welfare, immigration amnesty, affirmative action, political correctness, etc.) and wanting more. Of course the evidence suggests that such an attitude is misguided, and ignores the obvious facts that some minorities have worse outcomes for health/wealth/edu/incarceration/etc. vs. whites even when you control for other variables.

So "black lives matter" can be misinterpreted as "blacks are more important." Which is of course not the point of the moment, and not what the supporters believe. The whole genesis of the moment is the fact that blacks are treated as second-class (or worse) by many measures in the US, are fed up about it, and want to raise awareness. I don't think that is unreasonable. But then you get the white privilege backlash (no, only "we" are allowed to be special!), and they criticize the movement by saying "shouldn't all lives matter?" Yes, they should! But you're not doing it, and the victims are disproportionately the poor and darker skinned. So when those lives get equal respect (validated by actions and data), then the "black lives" folks will gladly disband I think.

I guess it is related to whites' "fear of blacks" again. Fear of them getting more power (even equal power is a threat), uprising, and taking over (hence no traction on slavery reparations). Obama in the WH was bad enough. Why can't they be meek and respectful like the Charleston blacks after the shooting? Well some civil rights folks have criticized the Charleston response as conditioned by decades of southern blacks' fixation with needing to please whites and be accepted by them (even though they never will).

But here is another example of the empathy deficit. Would the critics of "black lives matter" just quietly accept it when their communities get raw deal after raw deal (or unpunished murder after murder)? Of course not. Obama gets elected and you get the Tea Party movement (sure other factors contributed like the Recession, but you know what I mean). You get armed standoffs like with the supporters of Cliven Bundy in NV (but the white cops didn't send in storm troopers and tanks to break them up). So why is it OK for "marginalized" whites to stand up for their rights (even violently), but not OK when blacks do it - and do it mostly peacefully (and they have way more legit grievances to protest about)?

I guess even the ability to assemble and protest in America is not equally guaranteed and free of bias.

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Maybe you heard that FNC wants BLM classified as a hate group (after a couple recent high-profile attacks on cops that may have been linked to anger over Ferguson/Baltimore/etc.). I know FNC doesn't speak for all of White America, and they are intentionally provocative, but their hostile overreaction to BLM kind of validates American bias and why BLM is actually needed. Good job, Fox.

https://www.facebook.com/HuffingtonPost/videos/10153332388156130/

Let's remember that demographically, it's highly likely that more cop killers are white than minority, and not motivated by politics (I couldn't find data on cop killers' races though). And statistically, being a cop in the US is still safer than the average job. Being a cop in the US is still safer than being a young black man in the US. At least a cop can fight back against attackers, wears Kevlar, and is backed by the law.

http://www.theguardian.com/us-news/2015/jun/10/the-counted-500-people-killed-by-police-2015

Thursday, April 30, 2015

More police killings of black men

This stuff is literally happening EVERY WEEK in the US. Imagine if minority people were killing a white millionaire (or a cute Jonbenet Ramsey-ish white baby girl) every week - what would the public and gov't reaction be? All people are created equal with the same unalienable rights under the Constitution and our creator, right?

Senior citizen volunteer sheriff tries to taze suspect in cuffs (you guessed it, an unarmed urban African American male), but kills him with his sidearm instead (a la Oscar Grant). Pleads not guilty to manslaughter and judge grants him permission to leave the country for a Bahamas vacation. I am sure a Cripp accused of manslaughter would get similar treatment. How did the geezer become a deputy participating in a sting when he should have been playing bingo at the Senior Center instead? He donated vehicles to the Tulsa Sheriff's Office and is likely rich.

https://www.youtube.com/watch?v=ee0o4zZobZg
http://www.foxnews.com/us/2015/04/21/oklahoma-reserve-deputy-pleads-not-guilty-in-fatal-shooting/

6 Baltimore cops are suspended after they put an asthmatic suspect (and yes, another unarmed urban African American male) in their van to go to the station, and when he got out, he had a major spinal injury (cause unclear, and he died in the hospital a few days later). He told police that he was having trouble breathing, but they didn't call any medical staff. Like with Darren Wilson, the cops are now the only ones alive who know what really happened. No camera in the van.

http://www.npr.org/blogs/thetwo-way/2015/04/22/401436003/former-baltimore-police-head-sees-sliver-of-hope-in-freddie-gray-case

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Economist has some data on police use of deadly force. The FBI reports that US cops kill over 400 people a year (justifiable cases, and it is on the rise since the '90s), but it is voluntary self-reporting, so the true # is probably higher. In comparison, usually less than 50 cops are killed by gunfire/year (less than the # cops killed in vehicle incidents). Cops in Japan+UK+Germany (cumulatively about the same pop. as the US) kill less than 20 people/year.

http://www.economist.com/news/united-states/21636044-americas-police-kill-too-many-people-some-forces-are-showing-how-smarter-less?fsrc=scn/fb/te/pe/ed/dontshoot

http://articles.latimes.com/2013/dec/30/nation/la-na-nn-police-deaths-20131230

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The BAL DA is pressing charges (murder, manslaughter) against the 6 officers who were present when Gray suffered his lethal spinal injury. She also declared that Gray's arrest was illegal.

http://www.npr.org/blogs/thetwo-way/2015/05/01/403496063/freddie-gray-update-new-speculation-on-his-death-and-peaceful-protests?utm_source=facebook.com&utm_medium=social&utm_campaign=npr&utm_term=nprnews&utm_content=20150501

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Apparently, it's not just black/brown victims of police violence and stupidity. A fairly non-threatening drunk woman on St. Patrick's Day was taken into custody by BART police and taken to Santa Rita jail. There was footage of the cops slamming her to the floor (or letting her fall hard). They said that they were "guiding" her to the ground. The victim was seriously injured, and is a model so the damage to her face was significant and she is suing. But a review board cleared the officers.

http://abc7news.com/news/bart-officer-cleared-in-takedown-of-woman-at-east-bay-jail/684535/
Here are some conservative responses to the Baltimore unrest:
  • Rush said the cops should be commended for the 18 times they arrested Gray in the past (for minor drug offenses) and DIDN'T KILL HIM. Yes, they deserve a medal for their restraint.
  • Cruz said it's Obama's fault for inflaming racial tensions. Yeah, by being a successful half-black man who won't pretend racial injustice is over, he's more to blame than the cops that do the beating and shooting.
  • A TX Congressman Flores blames Baltimore on gay marriage and the deterioration of family values.
As you can see, Baltimore is attributed to just about everything except police dysfunction and racial/economic injustice. The sad thing is, if you gave some conservatives truth serum, they would probably say that the BAL tragedy is due to the inherent faults of black people (maybe not in so many words).

Wednesday, April 22, 2015

More police-related killings of unarmed black men in custody

This stuff is literally happening EVERY WEEK in the US. Imagine if minority people were killing a white millionaire (or a cute Jonbenet Ramsey-ish white baby girl) every week - what would the public and gov't reaction be? All people are created equal with the same unalienable rights under the Constitution and our creator, right?
Senior citizen volunteer sheriff tries to taze suspect in cuffs (you guessed it, an unarmed urban African American male), but kills him with his sidearm instead (a la Oscar Grant). Pleads not guilty to manslaughter and judge grants him permission to leave the country for a Bahamas vacation. I am sure a Cripp accused of manslaughter would get similar treatment. How did the geezer become a deputy participating in a sting when he should have been playing bingo at the Senior Center instead? He donated vehicles to the Tulsa Sheriff's Office and is likely rich.

https://www.youtube.com/watch?v=ee0o4zZobZg
http://www.foxnews.com/us/2015/04/21/oklahoma-reserve-deputy-pleads-not-guilty-in-fatal-shooting/
6 Baltimore cops are suspended after they put an asthmatic suspect (and yes, another unarmed urban African American male) in their van to go to the station, and when he got out, he died of a spinal injury (cause unclear). He told police that he was having trouble breathing, but they didn't call any medical staff. Like with Darren Wilson, the cops are now the only ones alive who know what really happened. No camera in the van.

http://www.npr.org/blogs/thetwo-way/2015/04/22/401436003/former-baltimore-police-head-sees-sliver-of-hope-in-freddie-gray-case

Tuesday, January 6, 2015

The police's persecution complex

Oh for F sakes, the hits just keep on coming. Don't blame me for the spam, blame them. ;)

http://news.yahoo.com/police-union-pushes-for-cops-to-be-included-in-federal-hate-crimes-law-183729328.html

So now the cops want violence against them to be classified as hate crimes. And of course the violence that they perpetrate on others (who disproportionately happen to be brown/black) are not. I don't know the full history, but I think hate crimes laws were created (on top of regular criminal laws) as an extra deterrent against such bias-driven crimes.

But there is already a ton of deterrent to violent crimes against cops: (a) angry cops will kill you with great prejudice (remember Dorner), and may kill you first before you have the chance to shoot them, (b) cops have a lot of protection and weapons, (c) the justice system will already come down on you like a ton of bricks (and maybe your family too). So I don't think the extra risk of a hate crime conviction on top of that will affect anyone's behavior.

You know what will stop people from attacking cops? Cops behaving better. It's not the only way, but it's probably the most impactful one, and one that they can control without asking the Feds to change the laws (which is slow and uncertain).  

“Enough is enough! It’s time for Congress to do something to protect the men and women who protect us,” Chuck Canterbury, the president of the [police] union, said in a statement Monday. The group has long lobbied for harsher punishment for those who harm law enforcement officers.
Ah, so now the cops are the ones saying "enough is enough"? That's pretty insulting, since that slogan was recently used by the victims of cop violence (that greatly outnumber cop deaths)?

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This is so dumb on so many levels I don't know where to begin. I did some cursory research on the typical punishment for killing a cop, and (correct me if I'm wrong) but it appears that in most states this is punish-able basically by only a life sentence or death penalty. Hate crime laws tend to "only" add 5-10 years to sentences, so I don't really get the point of this.

But this also speaks to what police/police apologists don't get about this whole conversation. If you kill a cop, you get punished. I know in the more recent case the guy shot himself, but people don't get to kill cops and walk away scot-free. Cops on the other hand, as we have seen, kill people in unjust situations and receive no punishment or even the slightest bit of accountability. The delicate flowers that cops have turned into when it comes to any sort of criticism is crazy.

Quick thing on hate crime laws: my understanding is that they are applied to crimes that affect communities, not just the person injured/murdered/whatever. For example, if it's determined that a gay person was murdered for being gay, that's classified as a hate crime because that sends a threatening message to the whole gay community, not just the person killed. So based on my understanding, it's even more than just an extra deterrent against bias driven crimes.

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Some statistics from the Bureau of Labor and Statistics 2012.

Law Enforcement Workers:   97 deaths, 30 from homicide, the rest from roadway accidents and slips & trips
Supervisors, Sales workers: 100 deaths, 46 from homicide, the rest from roadway accidents and slips & trips

Police apparently kill at least ~400 people per year in the US.  About 100 of those black.  This is excluding justifiable homicide and unreported killings.  

Law enforcement is not in the top 10 most dangerous occupations.  And it is worse if you include compensation for the risk since police are relatively well compensated (compared to say, fisherman or agriculture workers).

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Agreed with both of you.

Yeah being a cop is statistically a better-than-average job for fatality risk. And as you said, they get huge risk comp in the form of earlier retirement (after 15-20 years I think), generous pensions (except broke places like San Jose and Detroit), and a lot of time off (to "de-stress" - I guess that is good for public safety). I hate to sound so harsh, but they are acting like "cry babies" as D alluded to. It's sadly getting to be like the police are a separate society/class with their own interests and rules. In no job should you have to put up with being shot at, but cops were not conscripted into the force - they volunteered with eyes open. OTOH, the uneducated poor more-or-less have no choice but to join the armed forces.

As D said, try to kill a cop or actually kill a cop, you are finished. Get beaten or killed by a cop, he probably won't be affected much, or he might get "early retirement" if there is enough media attention.

This is probably too expensive and controversial to implement, but why should cops have a monopoly on law enforcement? Even in wars, the US hires allies and mercs. Should we be able to pay for private professional security to keep the peace, as well as protect us from and watch the cops? I guess the rich can and already do have that, but the most at-risk communities can't afford it.  

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"Law Enforcement Workers:   97 deaths, 30 from homicide, the rest from roadway accidents and slips & trips
Supervisors, Sales workers: 100 deaths, 46 from homicide, the rest from roadway accidents and slips & trips

Police apparently kill at least ~400 people per year in the US.  About 100 of those black.  This is excluding justifiable homicide and unreported killings.  "


I want to emphasize that last part, because the more people look into it the more it seems that there is a significant number of unreported killings, the very idea of which is insane to me.


Two separate sections from that last article:

"The biggest thing I've taken away from this project is something I'll never be able to prove, but I'm convinced to my core: The lack of such a database is intentional. No government—not the federal government, and not the thousands of municipalities that give their police forces license to use deadly force—wants you to know how many people it kills and why.
It's the only conclusion that can be drawn from the evidence. What evidence? In attempting to collect this information, I was lied to and delayed by the FBI, even when I was only trying to find out the addresses of police departments to make public records requests. The government collects millions of bits of data annually about law enforcement in its Uniform Crime Report, but it doesn't collect information about the most consequential act a law enforcer can do.
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This is the most most heinous thing I've learned in my two years compiling Fatal Encounters. You know who dies in the most population-dense areas? Black men. You know who dies in the least population dense areas? Mentally ill men. It's not to say there aren't dangerous and desperate criminals killed across the line. But African-Americans and the mentally ill people make up a huge percentage of people killed by police.
And if you want to get down to nut-cuttin' time, across the board, it's poor people who are killed by police. (And by the way, around 96 percent of people killed by police are men.)"

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Yeah I don't think it would work out well - look at the case of private prisons in the US:


https://www.aclu.org/prisoners-rights/private-prisons

I'm not sure what the answer is either. But overseas generally cops are a lot better behaved than in the US. Part of it I think is the training culture. They are trained as and are seen as a customer service job, not a paramilitary job where you occasionally have to talk to the plebs, and have much more oversight: http://www.quora.com/How-do-UK-police-compare-to-US-police

I know everyone is for states rights or whatever, but I honestly think they ought to federalize police or at least turn it over to the states and increase the professionalism of the police force.

Another aspect to look at is that if you give officers the option of deadly force, some will resort to it as a first resort rather than a last resort. They did a study where solo cops were much less likely to get into firefights with the bad guys and wait for backup than when cops went together, as one officer alone is more cautious. Likewise, when things get rough in the field (say a crazy guy that isn't listening to commands reaches into his pants), if you have a gun some will use it. Result: crazy guy dead because he was pulling a toothbrush out. A good cop would assess the situation, try to reason with him, and defuse it. Rambo cops will just shoot and claim they felt threatened (which is the bar for use of deadly force).

I'd think that increased professionalism, breaking down of old boy cop networks (in the UK they rotate police, for example), and tighter control over implements of deadly force would be really helpful here.

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I guess when the public is dependent on some sort of paid entity with little oversight (whether it be for a ride home or law enforcement), corruption and abuse are bound to occur. For the more recent police killing in STL (of an armed black teen this time), I think the cop had a body cam but it wasn't on. I don't understand why the officer should have the ability to control the camera - that defeats the purpose.

That is a good initiative about compiling shooting data. If Waze & its users can track all the car accidents in the US, then the crowd should be able to do the same for shootings (that usually attract onlookers, unless it's a corrupt cover-up killing). I agree with you that the lack of transparency is likely deliberate. Just as the gun lobby has blocked most efforts to create a national gun registry/database/etc. Ironically the cops are against the gun lobby on that issue, but likely engage in the same practices when it suits them. 

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I totally agree with you about the private prisons (and also mercs) - but remember that those "service providers" were hired because the gov't orgs were not equipped to do the job on their own. They were called in as spare capacity. But for the "private cops", they would be a hedge or alternative to the public cops. And since they would be hired by the community, they could be fired at any time. Of course all this sounds wonderful and perfectly smooth on paper, like libertarianism in general. :)

Ah - I forgot to make a joke about M's comments on mercs: Blackstone and Treadrock... "Treadstone" was the illegal CIA program in the "Bourne" movies, and BlackRock are the guys who have all our retirement cash. :) Blackwater are the corrupt mercs from Iraq, but they have been renamed to Xe, and then Academi (gotta love rebranding).

I agree about the rush to deadly force - when you have a hammer, everything looks like a nail. Of course cops aren't shooting indiscriminately into crowds (usually), but they are empowered (and probably encouraged) to forgo de-escalation and end conflicts with guns. I guess a similar pathology to the stand-your-ground and mass-shootings phenomena in the US. So it comes back to the 2nd Amendment issue - fewer guns on the street and better regs will reduce the violence potential of the public. That in turn will likely make the cops less paranoid and trigger happy, or even justify patrolmen to be unarmed and backed up by armed specialists for hostile situations (like the UK). Maybe the gutting of public services and budget cuts are also contributing to this problem. Cops are the last ones to endure cuts, but they have had them. Now maybe more patrolmen have to go on duty solo. I would be curious to know what % of questionable cop shootings occurred when the cop was solo (but as we now know, stats are hard to come by).

A major reform is needed; I think the cop-first mentality and culture is too deeply ingrained that small changes won't help (esp. if they turn off their body cams). New training, hiring criteria, and oversight are needed - but who is going to write those laws? Any change-oriented candidate would get a lot of heat from the cop lobby, and his/her opponent would get their contributions.

I agree with you about federalizing the cops, since smaller police forces have poorer training/oversight, and likely contribute disproportionately to misconduct problems. Standardizing the police would create a lot of efficiencies (and sharing of best practices, etc.), but the states rights crowd would raise hell as you said.

Also agreed about changing the mentality from occupying army to service provider. Very few people complain about FDs, and there is much less misconduct. The PDs that have the best rep with the public (even among minorities), fewer violent incidents, and have shown the most reforms/improvements, all have robust community outreach programs. But currently they are recruiting and giving badges to macho/meathead/blindly loyal types, not empathetic/thoughtful/fair types.

http://www.kqed.org/a/forum/R201412230900

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It seems like somehow police have been lumped in with the military as a must support or no chance of political office entity.  On the radio this morning Ryan seacrest (don't judge me!) Was complaining that there was crazy pressure to wear some "I support the police" hat during his new years eve show.  And subsequent death threats when he didn't.  If even seacrest thinks it is overboard imagine what your everyday douchebag must think.


And if you were an app maker, Waze for cop shootings would be a great release about now.  Now we just need a catchy name.  Raze?  hYelp?  


I'm hopeful that mandatory body cameras help and Los Angeles is implementing them which might help on the national level.

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That's an interesting observation. I think it's very offensive (and undemocratic) for special interest groups to "pressure" the general public to show support for them - lest we be labeled as unpatriotic, soft on crime, etc. "If you're not with us, you're against us." That is another form of intolerant bullying. If you are so great, you don't need to convince anyone with slogans and shirts. It reminds me of a dictator's thugs forcing the citizens at gunpoint to come out and cheer at the dictator's parade, when they all actually hate his guts.

Already the cops get disproportionate support, resources, and political power. They want our love and admiration too? During the War on Terror, I didn't like those bumper stickers that said something like "USMC, thank me for protecting your freedom." My freedom was in pretty good shape without you shooting and bombing anyone. I didn't ask you to go over there, and I do show my thanks by paying taxes and doing other civic duties (incl. protesting when some leaders want to send soldiers to fight unnecessarily).

Cops mostly take evidence after crimes occurred, harass suspicious looking people, and enforce traffic laws. They rarely "prevent crime", except for the deterrent effect of their presence. It's not like Batman swooping in to thwart a bank robbery. So for the cops to imply that they are heroes tirelessly watching over the helpless masses, and keeping the rapists/murderers at bay, is getting it twisted. Violent crime has been on the decline in the US for the past 60 years or more, and policing may not be even a top 3 driver of that (more like economics and other social forces). But still, our gun violence rates are much worse than the EU and east Asia, but as we've discussed, it's concentrated on mostly poor minorities and not the rich (or the cops). If the police go out of their way to protect those folks with the least power, and who are the most at risk, then I would give them props. But they mostly just leave those "animals" to their own devices, keep the riffraff caged in prisons/ghettos and away from the suburbs and malls.

Yeah for all of the LAPD's past sins (and they still have many lingering problems), they have shown a lot of leadership in reforms like community policing, hiring and promoting minorities/women, and the use of some technologies.

Tuesday, November 25, 2014

Ferguson grand jury decision and police use of force with blacks

This was a pretty good panel discussion about the Ferguson decision. To be clear, based on how our laws are written, what evidence was available, and how our justice system "works", Zimmerman and Mesherle were not guilty, and there was not enough here to indict Wilson. Whether that is right or acceptable is another story.

No one really expected an indictment of Wilson, however there was some concern about how the process unfolded: the prosecutor seemed to focus on the officer's perspective, the prosecutor's dad was a cop killed by a black suspect (and didn't recuse himself), Brown's family was not called to testify (but Wilson was - highly unusual), the convenience store crime footage was released, and AG Holder was indirectly involved. There is also the over-arching issue of the proximity between law enforcement and the DA's office, and whether impartial oversight of alleged police misconduct is possible. Was this g. jury just a "show trial" as justice theater, to go through the motions when no one really wanted to investigate Wilson. And maybe Wilson in fact broke no laws.

We've spoken about these issues before, but obviously if police were not armed (like in the UK, Norway, and many other places), that precludes the risk of violent altercations. We know that's not going to happen, so maybe police resources could be allocated to community outreach and rules-of-engagement/de-escalation policy analysis and training rather than ridiculous military exercises that they will never (or should never) use domestically. And instead of buying tanks and sniper rifles, maybe law enforcement could invest in officer and vehicle cameras - which have been shown to deter violence and misconduct from both officers and public. Convictions were possible in the Rodney King case because of footage, otherwise we all probably believe that the verdict would have been different.

There are "ambiguous" cases where an officer can rightfully shoot or not shoot - it's up to their discretion. The data show that when the suspect is black or brown, shooting is a lot more likely outcome. Assuming that minority suspects are no more dangerous than white suspects, this may be a manifestation of traditional racism, lack of sensitivity training, and/or unconscious fear (particularly of large black urban men). Ferguson's police force is under 10% black, yet the community is 2/3 black. Why was the actual white cop-killer in PA apprehended with little harm to him (and maybe no shots fired), but kids, mentally challenged, and unarmed/poorly armed minorities are beaten to a pulp or shot 10 times?

Would white America think it was OK if the tables were turned? Imagine if blacks were 60% of the population, had all the wealth/power (and Obama would still be president because he's half white), and most of the guns. Would they be OK with young white man after young white man (unarmed) killed by black cops or black neighborhood watchmen, with no convictions or even indictments? And all of this met the letter of the law?

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Maybe there has been some sensationalism and race baiting by the media and others over Ferguson, but this crap isn't much better:


I guess Wilson is on his PR tour, and lucky for him he's the only one left alive to tell the world what happened that day. He took a punch from Brown, and then "feared for his life". He is 6'4" 210 lbs, but he said he was like a boy vs. "Hulk Hogan" - that's how big that "man" was (Brown was 6'4" 292 lbs). Either Wilson's stupid or melodramatic, but it's pretty hard to die from one or two punches. He was in a motor vehicle. If he feared for his life, why not just hit the gas and escape (assuming the car was running)? Only when he went for his gun did it become a "life and death" struggle. During his grand jury testimony (when he was not subject to cross-examination), he said Brown was a "demon". Is that to evoke sympathy and/or an admission of his hysteria?

Wilson's recounting of the incident could be accurate, but it's quite peculiar. I don't know their stories, but I believe that Brown did not have a history of violence, erratic behavior, or aggression. I am not sure about Wilson's record on duty. But the way Wilson described Brown, the kid seemed to be crazy. I'm not saying it's impossible, but why would a teen, when ordered by a cop authority figure to get off the road and then approach the patrol car, suddenly attack the armed officer without provocation? It's like Trayvon - did he suddenly just decide to kill an adult stranger on a whim? Then instead of finishing Wilson off in close quarters, somehow the hulk-demon Brown ends up 35-40 feet away from the police car, turns around, and charges back at Wilson - ostensibly with intent to kill (even though the kid already passed up an easier opportunity to kill Wilson)? At that point, Wilson said that the thought in his mind was, "Legally can I shoot this guy? I have to." If he was attacked by a "demon" and fearing for his life before, it's not likely that Wilson could be so conscientious and analytical in that moment. This makes me really suspicious of his version of events.

Wilson repeated that he has a clear conscience because he followed his training to the letter and did nothing wrong. To me, that's like Bush saying that he can't think of a mistake he made as president. Honest people can always admit they could have done something better - it doesn't require deep introspection and intellect. And if you are truly in the right, that doesn't mean that you are not allowed to be sub-perfect. Any time someone kills someone else, something obviously went wrong. But for Wilson to be so sure and culpability-free, that suggests he is on the defensive and hiding something. Maybe he is (rightfully) worried that if he is open and contrite, his words will be twisted and turned against him. He is not out of the legal woods yet. However, I don't think it's very persuasive to neutrals or skeptics when you show very little to no empathy or remorse, and just keep maintaining that you did everything right and you are actually the victim.

Wilson is the professional peace officer with the firearm and the training. He has the power of life and death, not Brown. Maybe he wielded that power in accordance with the laws of the land, but don't tell us that all this was 100% unavoidable and 100% of the blame is on Brown. Is conflict ever so black and white?

"Is there anything you could have done differently that would have [avoided the killing]?"
"No."
"Nothing?"
"No."

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When you speak of intellect and police, please keep this in mind:


Bottom line:  They're smart enough to know their own limits, which makes them feel inferior.  Give him a gun and that inferiority goes away.  The police are poorly trained and intellectually ill-equipped to do a job like policing.  Police (in a civilized society) need to read a situation and determine the way to de-escalate it to protect everyone, not just themselves.  Instead, they exacerbate and intimidate.
If Brown was a 'demon', a police officer should know how to deal with them.  You cannot tell me that Brown wouldn't understand that if he punched a cop in the face, he'd be killed.    Every black child is told that he is perceived as a threat in society just because the color of his/her skin.  It is the 'talk' black parents have to have with their kids in order to hope they might not land in jail or get killed. 
Once again, it's bullshit cop story and because the american society is so racist, they believe it.
How long ago did we watch Rodney King get beaten?  Same as it ever was.  

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Yeah, "the talk" is a good point; most black American men know not to do anything remotely aggressive towards the cops. Yet Wilson admitted to firing his gun 12 times at the unarmed Brown. As you said, I am pretty sure Wilson did/said something offensive to provoke Brown, who responded like a testosterone-fueled teen might, and then Wilson probably escalated because he felt that his petty ego/authority was challenge and he wanted to put this punk in his place. Like Jack Reacher said, people join the armed forces either because they're legacy, unable to get a better job, or want to legally kill people. I think some people become cops because they have inferiority complexes and want to wave the gun/badge around and intimidate (like Denzel's depiction in Training Day).

Maybe I'm way off base about Wilson, but I know this applies to some cops over the years based on the long record of misconduct and corruption (and those are only the cases that saw the light of day). Teachers and gov't workers get blasted by the right all the time, but they always apologize for the cops. They are all supposed to be public servants, but yes, there are structural and psychological reasons why they may put their own interests over the public's at times. But when cops do that, people can get hurt and justice suffers.

The way Wilson, Zimmerman, and some in right-wing media/politics describe, young black men are a ticking time bomb of primal rage that can't be reasoned with. That is racism to me, with tragic effects. Same thing with some Muslims - they are accused of embracing a culture of martyrdom and death. "We love life and freedom, they hate it." They're barely human, so they need to be caged and killed like dogs. So sure, when a psychotic 300 lb black guy wants to tear you limb-from-limb, of course you regretfully have to protect yourself with deadly force. Poor Wilson. I acknowledge that some blacks and Muslims fit these descriptions, but the vast majority don't. And plenty of whites exhibit this behavior and worse (the majority of mass murderers in US history were white men, often educated and not that poor). So we're profiling all wrong. But maybe the error stems from, and is reinforcement of, the centuries-old stereotypes about white man's burden and black savages.

One thing I also wanted to comment on was the criticism over the rioting and looting in black neighborhoods in the wake of Ferguson, Rodney King, Watts, Katrina, etc. This is somehow validation for conservatives that blacks are the problem. I am not condoning the behavior, but when people are given no better outlets for redress, and day-after-day subject to mistreatment and negativity all around, they are going to react poorly during times of strife. It is not inherent to blacks - it is what happens when you marginalize people and leave them with no hope/future. The discrimination, harassment, and violence (economic violence too) that some black people face (often from non-blacks) are significant disadvantages that others often dismiss because they haven't experienced it themselves. I also think Obama was too dismissive and unsympathetic of the protesters' perspective in Ferguson (esp. compared to Trayvon), but I assume he is being extra cautious so as to not get blamed/associated with the racial anger/violence.

Friday, July 4, 2014

Hobby Lobby ruling and contraception

Considering the Court's makeup, it was expected. It won't help the GOP win over more young women. I guess corporations continue to enjoy most individual rights but avoid many of the responsibilities/punishments.

"Approving some religious claims while deeming others unworthy of accommodation could be 'perceived as favoring one religion over another,' the very 'risk the [Constitution's] Establishment Clause was designed to preclude."

-Ginsburg dissenting opinion

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I suppose it's not surprising, but it still sucks. Ginsburg wrote a great dissent though, for whatever that's worth. 

What's funny about the ruling is that the prevailing opinion seems to want to restrict the ruling, by applying it only to "closely-held corporations with strong religious beliefs" but that can still apply to a significant number of companies with numerous employees. For example, the Mars corporation would qualify, especially because there is no test to be administered for "strong religious beliefs" so any company can essentially claim they have those. The funny bit (to me anyway) is that I get the impression that they thought there were being restrained in their conservatism with this ruling. As if they were saying "no no it's not all corporations who can deny you birth control coverage, just these certain ones!"

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I get his once we assume their freedom if religion was infringed RFRA says the gov must attempt to accommodate.

But how is the offer of health insurance that includes birth control legally distinguished from a paycheck that pays for an abortion?  Aren't both compensation which are offered at the discretion of the employer? 

I think I saw it mentioned somewhere that hobby lobby covered birth control etc prior to the aca apparently without issue.

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I actually had the same thought about their paychecks. Ginsburg had a great line about how if it's against someone's religion then I guess they don't have to follow any laws they don't want to.

Which pulls out some of Ginsburg's greatest hits on this ruling.

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Thx for the comments and links, guys. Yeah as you said, the majority opinion claimed that they were being really restrictive as to which org's this ruling could apply to, but really the language was anything but. NPR estimates that 90% of businesses are "closely held" (employing >50% of our workforce),  as in 5 or fewer individuals own more than half the firm value (IRS definition). Maybe this is an example why political appointees/Beltway lifers without much experience in the "real world" may not be the best candidates for a lifetime SC appointment where US society is literally at their mercy. And the ACA already exempted religious nonprofits and small businesses from covering contraception, so that is millions more Americans.




http://ocsotc.org/


In school I worked on a business case (similar to the link above) advocating that oral contraception should be available over-the-counter. It's really a no-brainer, and that's how it works in Catholic Mexico and other nations. This has been discussed for years, but the understaffed and political football FDA has yet to act. "Plan B" (the morning-after pill) is available no-questions-asked after a pharmacist consultation, but it's more expensive and doesn't reduce menstrual symptoms (also I believe there is some controversy as to what age range it is available to). Now, women can only get the pill after a yearly or quarterly visit to their OB-GYN, and awkward pelvic exams are often mandated prior to giving out an Rx. This is obviously time consuming and expensive, esp. if the patient doesn't have coverage.




Sure, I can imagine that drug companies may lose $ if the pill goes OTC and is subject to generic competition and market price pressures (like most other products!), and I guess OB-GYNs may stand to lose business too (some legitimately care and it's their medical opinion that regular exams are the best thing for their patients - so they need to link it to the pill Rx in order to get women to comply). But most major health org's worldwide say the OTC pill is an overwhelming improvement with very little downside (except for right wing Christian ire I suppose). And we are just talking about decades-old, well-validated, super-safe, cheap basic hormone pills. The fancy next-gen stuff can still be Rx for consumers who want it. Unintended pregnancies and menstrual symptoms are a huge cost on societies, and disproportionately affect women. So is that the problem - women have most of the responsibility and incur the suffering, but the men are writing the laws and enjoying the pleasure of sex without the consequences? Since there is practically zero medical/sociological/economic evidence to support the restriction of contraceptives, I can only assume that this is another manifestation of the "war on women". Conservatives claim to love freedom and liberty, but have this fixation to try to control female behavior. It's really bizarre. Maybe we can take them at their word and it's all about religious values and "morality". If so, then why don't they pony up and pay more taxes to help all the unintended mothers raise those kids? The US is probably the most hostile developed economy for working mothers - so how about changing those laws and norms first, and then you can restrict contraception coverage as much as you want.  


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For the 4th, here is a disturbing story that hasn't got much coverage: the US accepts non-citizens into its Armed Forces (often with the "promise" of citizenship at honorable discharge), but if those vets are caught in a crime (even a petty one like DUI or financial fraud) - the laws of the land require automatic deportation. Maybe deportation is justified for some crimes, but there has to be exceptions or at least a review process for non-citizen vets who served faithfully for years and got caught in one mistake. It's like the penal system in general - how can we claim to be civilized people, yet we judge and label criminals by the worst moment of their lives? Someone could be a productive worker and loving parent, son, brother, and neighbor for 99% of his life, but once they are in prison, they are henceforth known as "robber" or "drug user".

https://www.youtube.com/watch?v=N6rjCvgRkq0

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And lastly, on the lighter side of things, the Daily Show mocks bourgeois liberals for their stupidity/narrow-mindedness too!

http://www.huffingtonpost.com/2014/06/13/google-glass-daily-show_n_5491565.html
 

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

Monday, June 10, 2013

Snowden's interview with the Guardian on PRISM

Here is the transcript of the leaker (Snowden) interview with Greenwald: http://www.policymic.com/articles/47355/edward-snowden-interview-transcript-full-text-read-the-guardian-s-entire-interview-with-the-man-who-leaked-prism/612597

This quote from Snowden was most salient to me:

"Because even if you're not doing anything wrong you're being watched and recorded. And the storage capability of these systems increases every year consistently by orders of magnitude to where it's getting to the point where you don't have to have done anything wrong. You simply have to eventually fall under suspicion from somebody even by a wrong call. And then they can use this system to go back in time and scrutinize every decision you've ever made, every friend you've ever discussed something with. And attack you on that basis to sort to derive suspicion from an innocent life and paint anyone in the context of a wrongdoer."

In this context, it's very much a civil rights issue. Contrary to the gov't claims, Snowden says that the NSA-CIA is definitely snooping on domestic traffic and US citizens, not just foreigners suspected of terrorism by court order. But what if in the future the gov't focuses on other/more crimes? Contrary to our 1st Amend. right to free association, what if by accident you are at the wrong place at the wrong time or mistaken for a suspect (i.e. Ted Kennedy on the no-fly list)? Then the gov't has access to all your past telco and online history, and through the lens of presumed suspicion, may be able to use that data out of context to build a narrative that paints you in a very negative light. Because as we all know, if we cherry-pick various online actions from anyone, we can make a case that person X holds extreme beliefs, is mentally unstable, and could be a danger to the nation (think McCarthy meets Big Data). And the drone program makes it even more disturbing. Supposedly no US citizen can be secretly sentenced to death on US soil. But what if we travel overseas, and we are mis-identified as a terror plotter? Whoops, our bad! What impartial party is checking the data and findings before the final call? The investigator/prosecutor can't be an unbiased auditor too. And of course the suspect doesn't get to present his/her side of the case until it's too late. Heck even with our developed legal system, we erroneously incriminate, incarcerate, or even kill innocent Americans each year. So I have real concerns about judging people in secret using only "hearsay" online data.

We know gov'ts have agendas and may unfairly target certain people/groups (i.e. IRS scandal that we discussed). Therefore how can we trust them to manage these secret, sensitive, expansive data tools responsibly and ethically, with no one to play Devil's Advocate and defend those under suspicion (even people that "seem guilty")? I work in data analysis, and mistakes/wrong conclusions happen ALL THE TIME among pretty smart people. Humans want to confirm their own beliefs, and will massage/filter data and their own reasoning to get there. Like the problems in scientific research, to be truly rigorous you should use data to find all the ways your theory could be wrong, not the other way around. Databases are not perfect either, even Google's. What if a digit is switched here and there (i.e. Rogoff's "coding errors"), showing that you regularly call Pakistan instead of Paris? You can't perform QC on every data point of material, and a program of PRISM's scale is probably producing terabytes of data every day.

Frankly all these concerns can also be applied to the tech-telco companies that are the custodians of our data, and we have no choice but trust them (that is another debate for another day). Though at least with those firms, we do have channels for legal redress if they wrong us (even though it's very hard to subpoena evidence and beat their crack legal teams). Companies have messed up, apologized, and changed their practices (Google pulling out of Mainland China, Facebook terms of use, etc.). With orgs like the NSA and CIA, there is no oversight and redress, despite claims of "Congressional monitoring." The spooks show Congress only what they want them to see.

Friday, September 30, 2011

Drone strike appears to have killed al-Awlaki

http://news.yahoo.com/us-officials-us-attack-yemen-kills-al-awlaki-130835684.html

I guess it's good for US national security that this man is dead, but what is to stop another similarly dangerous individual from taking his place and even doing a better job?

It is disconcerting that the US gov't can sanction the assassination of a US citizen living legally in another nation where we have no official military jurisdiction. All the "evidence" against this person is classified (actually he has not even been officially charged with any crime!), so we just have to go on the hate sermons he has released online and his alleged ties to the underpants bomber and Ft. Hood shooter. No due process, no explicit attempt to apprehend him, and it wasn't an interdiction to stop him from imminently harming others. Just shoot to kill, and the order came from a C-in-C who used to be a ConLaw professor.

Plenty of US citizens have committed treasonous behavior over the years (and yet our nation still stands), but Washington did not issue kill orders for them. In fact some of them today live comfortably and have radio/TV programs. I guess this shows Americans that under some set of conditions, our gov't can unilaterally and spontaneously murder us. But probably not being an extremist Muslim reduces our chances.

Wednesday, July 6, 2011

DSK released

http://news.yahoo.com/strauss-kahn-free-house-arrest-charges-stand-154714378.html


I can't believe these idiot prosecutors who just accept accuser testimony without due diligence. Like Duke Lacrosse or Kobe, they are so hungry to win a big celebrity conviction (and move out of the shitty DA office to politics or a corporate job) that they're not doing their jobs. Confirmation bias - just like the "sources" we used to justify the Iraq War. Or in the case of Ted Stevens, maybe they had a case but they muck up the evidence and procedure so badly that they blow it. Maybe the accuser is telling the truth despite questions about her personal issues, but if the DA doesn't have enough of a case to convince a jury or push for a plea bargain, why destroy someone's career and possibly your own?

I find it interesting that the French public pretty much never waivered in its support for DSK through all this, while in the US accused pretty much equals guilty in the media. By some accounts, socialist DSK was doing a good job at the IMF with the European debt crisis, and was slated to replace the unpopular conservative Sarkozy in the next French election. He may still have a chance, but this fiasco cost him his job and maybe future office. To me it seems similar to the Eliot Spitzer mess, a brash leftist politician taken down by dubious scandal. Sure both men are womanizers and have some personal failings. But other forces might have been at work to bring about their public downfalls.

http://www.client9themovie.com/
 
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http://www.nytimes.com/2011/07/05/opinion/05nocera.html?src=me&ref=general
 
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I think the NYT author has some good points and I know my DSK email was more on the knee-jerk side. I do respect the DA for coming clean with doubts about the accuser early, rather than dragging on. I assume the NYC DA must be one of the best in the country, so they probably weigh their decisions heavily, especially concerning suspects of high profile. But I don't think America's history with Roman Polanski is relevant to the DSK case. Maybe if DSK was a criminal and was able to flee, it would be very hard to bring him to justice. But Americans like Kissinger and maybe some of the Bushies have been accused of war crimes by other nations, and we haven't allowed them to be extradited either. We should expect nations to protect their own, but that shouldn't make us rush our justice system decisions. I believe that even if DSK fled, if the US presented a compelling case to France, some arrangement for trial could be reached. Rape is still illegal in France, unlike their gray area concerning sex with minors. And sorry to be vulgar, but bruises and semen on clothes can occur in casual, consensual sex as well.


I don't agree with the author's comments about classism and such in the 2 countries. The poor in France generally have better access to social services than those in America. Of course both nations struggle with immigrant and Muslim issues, and US Muslims are flourishing in comparison (but the demographics of Muslim immigrants in America are vastly different than those in France - education, economic circumstances, etc.). Despite America's reputation, social mobility is higher in France and other EU nations(http://news.bbc.co.uk/2/hi/americas/8162616.stm), and the US has plenty of problems with wealth inequality and class as we know (http://www.nytimes.com/pages/national/class/index.html). Although the justice system often favors the rich over the poor (or corporations over normal people, as we've seen in the Roberts Court), I fear that cases like DSK's (if decided in favor of the accuser) may encourage other lower-income, desperate people to entrap or fraud rich people in their vices, in order to get a settlement. Maybe they deserve it, but it opens up another can of worms for justice.

Wednesday, January 27, 2010

How the bail bonds industry is scamming us

‘We [bail bondsmen are] tenacious; we do our job," Spath says. "People should not just be released from jail and get a free ride. I mean, this is the way the system's got to work."

http://www.npr.org/templates/story/story.php?storyId=122725771&ps=rs

In addition to overcrowding in state or federal prisons, county jails are also bursting at the seams due to many petty-theft offenders (shoplifting and bureaucratic violations, not GTA or anything violent) stuck there due to our idiotic bail system. 0.5M Americans have paid their pennance and are still behind bars only because they can't afford their bail payments, sometimes as low as $50. That is 2/3 of the total jail population. But the legal system mandates that authorities keep them there, even at great expense to taxpayers (>$1k to house each person per month, which adds up to $9B nationally per year in a recession). Some counties are spending 1/4 of their budgets on jails. Apart from the wasted taxes, imagine the lost economic productivity and human costs from all these incarcerated people. Now that surplus inmates are even forced to live in storage closets (many US jails were built during John Dillinger times), governments are responding to the crisis, not by reforming the bail process, but by building new costly mega jails.

I am no expert, but it seems defendants are required to post bail before their release from jail as collateral to guarantee they will show up to court later (and then maybe get reimbursed). Historically, those released on their own recognizance usually don't flee and do appear at trial. It is not legally required, but bail bondsmen often push their services on people as bail intermediaries. Like shady mortgage brokers, they are mostly useless middle-men who somehow have justified their parasitic cut to the powers that be. If you thought Blackwater was bad in Iraq, commercial bail bondsmen are often lowlifes with less than 20 hours of official training (some states don't even require bondsmen be certified). Only Illinois, Kentucky, Oregon, Wisconsin (fairly progressive states) prohibit for-profit commercial bondsmen, and their court systems provide the service instead.

Why prohibit commercial bondsmen? Because it's an outright scam. Inmates typically pay a nonrefundable fee (10% of bail amount + possible extra penalties) to bondsmen to win their release. If the person pays the bail back and shows up for trial, everything is rosy and the bond agency makes easy money as a loan shark. If the person flees, rarely are they caught by the bondsmen's bounty hunters (contrary to that stupid reality TV show). They are mostly caught by county sheriffs enforcing the warrant and working on the taxpayer dime. Bond companies are only required to pay back 5% of the bail to the courts if a customer flees, and many are way behind on their repayments (bondsmen owe CA $150M in back fees as one example). They're supposed to pay the full bail amount as punishment for letting their guy slip away, but it isn't enforced. So even Las Vegas would be jealous of a virtually risk-free business where a 10% fee is collected up front and at worst they have to give back half of it to the court under rare circumstances, and much later on. What is their overhead for this "vital" service - a few minimum-wage paper-pushers? Find desperate people, and you'll find vultures preying on them.

As an alternative, there is pretrial release, where prescreened poor people don't post bail but wear an ankle transponder so they can be tracked as they maintain their jobs and take care of their families. Escapes are rare as well, and tracking costs 3-5% the price of keeping that person behind bars. These programs were set up by county officials who benefit from the bondsmen lobby's campaign funding and favors, so the marginalized programs often remain local, understaffed, underfunded, and unable to meet the demand for the service from qualifying inmates. Of course the other option is to post bail with your own cash (like Madoff did). But many lower-income uneducated people aren't aware of this, and the courts don't bother to inform them, so the bond sharks step in.

In one Florida county (Broward), pretrial reduced their unconstitutionally overcrowded jail population to a manageable level, and saved the county $20M in one year. Defendants were showing up to court as they should. Everyone was happy but the bondsmen. So they hired a lobbyist and invested $23k to sway the county commissioners and mayor. Later the commission inexplicably called a surprise session to scrutinize what seemed to be a very successful program. They sharply narrowed the eligibility criteria for pretrial, and cut funding just 2 years after they voted to double it. Other bondsmen took notice and are trying similar strategies in their counties. They claim that they are patriots who want to keep Americans secure and save us money, just like Blackwater said. Yes, I'm so glad that the guy who forgot to renew his car registration is locked up so he doesn't terrorize my family, and he only regains freedom by paying blood ransom to the bondsmen.