Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

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.
...

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.

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

Wednesday, November 30, 2011

The future of digital privacy and Constitutional rights

Doesn't look good: http://www.npr.org/2011/11/30/142714568/interpreting-the-constitution-in-the-digital-era

And clearly this professor isn't a paranoid and alarmist Chicken Little, when major mobile companies are not only monitoring your location 24/7, but recording ALL YOUR KEYSTROKES ALL THE TIME:

http://news.yahoo.com/smartphone-spying-204933867.html

When an external party tries to do this to us on our PCs, they call it malware (possibly illegal). When our mobile providers do it without our knowledge, they call it "enhancing the user experience."  I'm tired of these big data firms just telling us to "trust them" that they'll use all this info responsibly. And of course we can't expect the gov't to look after our interests on this issue, because they are way behind the tech curve, and the courts tend to side with the corporations and free speech argument. With data mining methods and tech tools only getting smarter and more ubiquitous, where are we headed?

Friday, June 4, 2010

Oscar Grant murder trial: setting up for another Rodney King?

http://www.kqed.org/epArchive/R201006040900
http://www.youtube.com/watch?v=bmJukcFzEX4
http://cbs5.com/local/BART.shooting.trial.2.1681755.html

You probably remember the shooting of Oscar Grant on New Year's Eve by BART policeman Johannes Mehserle that was caught on a number of cell phone cameras. The cop is accused of murder, but the trial was moved from Alameda to LA County due to possible protests, a biased jury pool, and possible harm/tampering of the courtroom participants. Mehserle is defended by Attorney Michael Rains, who has defended the police often in his career, and has also represented Barry Bonds.

The jury selection process has begun, with about 250 LA residents (about 1/4 of them being black) filling out a paper questionnaire to tease out prejudice regarding race, crime, and law enforcement. Although both sides have agreed on the list of questions, there may not be much live questioning. The judge plans to select the jury in a matter of two days or so and then jump into opening statements, when jury selection for similar high-profile murder cases has taken weeks. The assigned judge, Superior Court Judge Robert Perry, has a reputation for expediency and keeping to a tight schedule. So that is raising some eyebrows. But each side is permitted to excuse one judge-selected juror for any reason other than possible bias.

In addition, the matter of admissible evidence is puzzling. The California evidence code states that "character evidence" is inadmissible for a trial of this nature. Some of you on this email list have JDs, so please chime in with more explanations and corrections if I misrepresent anything. Basically, the victim's past conduct during similar events as the night in question can't be used to explain his behavior/intent. Grant has had 3 felony convictions, and had resisted arrest during a prior altercation when he was being similarly cuffed on the ground, and was then tased. The judge felt that it would be a denial of Mehserle's Constitutional rights to bar this evidence that may cast doubt on his guilt, so he decided to supersede CA law, which is unusual.

On the other hand, Mehserle's questionable background will most likely be inadmissible. Apparently he has used a taser properly on duty before, which would cast some doubt on the accidental firearm discharge defense. Mehserle is also under investigation for physical contact with a black suspect, but since that litigation is pending, it is also inadmissible. It's also strange that if Mehserle was innocent, why would he refuse to participate in the BART police internal investigation and resign a week after the incident? Mehserle was mostly silent after the event, and during his first questioning by internal affairs, he never mentioned any taser. His "I thought I was using my taser" defense only emerged two days after the event, possibly after being coached by attorneys. And there are points such as a taser weighs about half as much as a loaded sidearm, and also has bright yellow markings on it that pistols lack. Plus there are the bystander cell phone videos, which seem to show Mehserle looking at his holster before reaching for his gun, suggesting cognizant use of deadly force.

Regarding the cell phone video footage, the judge's ruling is troubling. In general, jurors can evaluate impartial video evidence themselves and decide the facts based on their perceptions. But for the Mehserle trial, the judge granted the defense's request to have a video analysis expert testify on the video. They argue that the poor quality of the footage requires a video expert to "decipher" the events in question. So in this case, the expert opinion will be telling the jury what he thinks is going on in the video. Will the jury trust their own instincts, or defer to the views of an expert called by the defense?

So if Mehserle is acquitted or charged with a lesser manslaughter conviction, there will be probably be a lot of anger and some violence from the black and minority communities in the Bay Area (though the trial seems to be of very little interest to LA residents). Of course the trial hasn't even begun yet, and who knows what Mehserle will say on the stand, but already a couple judge rulings seem to be favoring the defendant.

Wednesday, April 15, 2009

Bank hysteria misplaced, equal justice for all?


A couple points for thought:

1) Is the bank crisis mostly imaginary, due to people's hysteria and exploiting panic?

The comments below are from a CNBC banking analyst, made before the good news about Wells Fargo and Goldman Sachs came out.

http://seekerblog.com/archives/20090325/richard-bove-hysteria-about-banks-financial-condition/
In the last 3 months of 2008 depositors put $100 billion per month into new bank deposits - deposits which cost the banks half the interest rate of a year ago. 98% of loans are paying interest and principle. 97% of loans are also current. Home equity loans - most people think they are awful, no longer supported by real estate equity, etc. But the facts are that only 1.6% of home equity loans are non-performing. Almost all of the banks have positive cash flow - how can they go out of business given the cash flow. Exceptions are Citigroup and In Q1 - 2009 banks are going to show an operating profit. Loan losses are going to go up in credit cards and commercial real estate. But so far the loan losses are not enough to make the banks unprofitable. But note that in Q4 only .25% of CRE loans were in default (per the FDIC). That default rate is increasing.

The Financial Times and other economists don't seem to like the Obama-Geithner toxic asset plan either:
http://www.ft.com/cms/s/0/b3e99880-1991-11de-9d34-0000779fd2ac.html?nclick_check=1
http://www.nydailynews.com/opinions/2009/03/25/2009-03-25_the_new_geithner_plan_is_a_flop.html

2) Equal justice for all?
http://www.tcpjusticedenied.org/
A legal group recently conducted a very extensive analysis of indigent defense (court-appointed public defense for people who cannot afford any better) in all 50 states, in order to evaluate whether the Sixth Amendment ("In all criminal prosecutions, the accused shall have the assistance of counsel for his defense") is being carried out. Counsels do get assigned, but if they are unable to provide adequate defense (due to excessive workload, poor skills/resources, and other disadvantages vs. prosecutors), then what is the point? The actual report is attached.
"You should not have a better shot at justice, a better opportunity for an adequate defense, depending upon who arrests you in this country or where you were when you were arrested or what court system a defendant winds up in," [co-author] Tim Lewis said. "This is a basic constitutional right." [...] The report goes into detail about the wide range of ways public defender systems fail poor defendants. Sometimes people don't get lawyers at all. Other times they get a lawyer who is so overworked and underpaid that there's no way the accused can get a real defense. -NPR

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On the Geithner plan, yeah, it looks like a massive wealth transfer from my tax-paying pocket to a bunch of assholes in the finance industry. Steiglitz wrote a NYT editorial attacking it as ersatz capitalism a couple weeks ago: http://www.greenchange.org/article.php?id=4209

Krugman had a fairly interesting editorial last week as well about making banking boring: http://www.nytimes.com/2009/04/10/opinion/10krugman.html The essential argument is that too many smart people are spending too much time pushing money around, rather than actually going out and building something. There's been a huge amount of backlash from the hardcore finance propellerheads arguing Krugman's data, and I honestly don't know enough about it to evaluate the strength of his empirical claims. But I remember being at Stanford and seeing a depressingly large number of really smart people going off to push money around on the plate in finance, rather than going into an industry where they could actually build something useful (and let's not even get started on the consultants).

There's this guy who went back through historical records looking at the percentage of Harvard's graduating class of MBAs each year and correlating that number with the stock market. Essentially what he discovered is that the percentage is negatively correlated with the long-term performance of the US equity market. That is, when ~10% of HBS grads are going into finance, the stock market goes up. When ~30-40% of HBS grads are going into finance, the market's headed for a big correction. It was in the high 30's for each of 2006 and 2007, as the market headed towards the crash. Here's the historical reports: http://www.soiferconsulting.com/soifer_consulting_articles.htm And here's a somewhat tongue-in-cheek reporting about it: http://www.slate.com/id/2109982/ It makes an interesting argument for regulating finance to be a lot less interesting, forcing those big brains can go do something more useful.

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On the equal justice thing ...

First off, clearly the way indigent defense is handled in this country is shameful, and should be fixed. That said ..

I read over their recommendations for state and federal governments, and they all essentially seem to come down to "put more money into public defense." I think that's probably a reasonable thing to suggest, given the problems. But looking at their reporters and committee, the vast majority of whom seem to be deep in the legal profession, I can't help but wonder if this is really the most efficient way to solve this.

I'm not a lawyer, nor do I play one on tv, so I'm mostly full of it here. But it seems like some part of the reason that rich people get a better defense than poor people is because of the unbelievable complexity of the law. The advantage the rich have is not that they can actually bribe the court into a better settlement (I mean, ignoring the corruption cases, which are admittedly embarrassing but I think relatively unrepresentative of the overall problem). It's that they can hire a huge team of people to go through and look for loopholes: lawyers to look for weird holes in the law, investigators to look for weird holes in the evidentiary process (I heard that phrase on tv once!), etc.

Seems like the most efficient solution is to simplify the law. If these processes were easier to work through, without so many crazy holes and trapdoors and so forth, it might make it a lot easier to provide even representation to everyone. Some of that complexity is useful, but we need to start acknowledging as a nation that the complexity also has a huge adverse effect on our ability to build fairness. Admittedly, though, it would force a lot of lawyers to go find something useful to do with their big brains, so it seems unlikely we'll be seeing that recommendation from any lawyerly review panels.

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Thanks for the comments and I agree. Yes it would be good to kind of de-incentivize interest in the financial sector and creative investing. I mean, we'll always need fund managers, brokers, and such, but maybe in a more reasonable scale. What can we do though - salary limits? I think 900 people at Goldman Sachs had over $1M compensation last year. They are famous for high pay, so obviously debt-ridden Ivy League MBAers would want to go there (also it's the best place to try to take over the world). It would be better if we could attract more talent towards more tangible innovative pursuits, maybe even education. I guess it does take some creativity and intellect to play these futures markets and move debt around to make money. But yeah, it's clearly not real LABOR. I haven't had a chance to look at your links yet but the correlation is hilarious. Too bad we don't have enough data points to track how HBS US presidents affect the econ, but the first one doesn't look good.

Re: legal fairness - for some problems, throwing money at it can help a lot. Clearly we need to invest more in improving public defense. But if you're talking about re-writing the laws to make them less complex, it's a much bigger challenge than the tax code. Presidents have talked about de-mystifying the tax code for decades, but it's only gotten MORE complex. Heck the recent Obama stimulus bill created 300 changes to the tax code. So you are right that the privileged are better poised to exploit complexities and loopholes to their advantage, yet the long arm of the law comes down hard on lower-income recreational drug users or Earned Income Tax Credit abusers. But getting Congress to do anything large scale is obviously tough.

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Oh, so I guess in my excitement I missed explaining what I meant by limiting how interesting finance is and how many people get into it. I honestly don't believe that limiting pay really works ... it usually just forces people to get more creative about how they pay (like back when software firms didn't account for stock options as an expense, though clearly that was how they were paying their people). I think the fix is just more serious regulation of the finance industry: putting limits on how creative you can get with derivatives and related instruments, forcing these instruments to be standardized and over the counter, adding more restrictive capital requirements (and making the requirements counter-cyclical), forcing the markets to be more transparent, blah blah. Krugman's editorial is more detailed about it.

And yeah, I agree that you need more money in public defense. But when I see a report written by a bunch of lawyers which reaches the conclusion that the government should pay a lot more money to the legal profession, it sets off a big red siren in the back of my brain :)

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Yeah you're right about the compensation. Even with the "pay limits" imposed on bailed out bank execs, I am sure they are getting other forms of compensation. But just as people get creative about pay, they are doubly creative on derivatives and exotic investment schemes. It seems that the schemers are always one step (or many leaps) ahead of the regulators. But maybe after learning the lessons of this bubble, coupled with increased transparency & restrictions, it can only get better.

Sure lawyers griping about pay looks silly, but of course there is a wide range of pay in the legal profession. Public defenders right out of school get $45k, and 5 years exper. get $61k. Their associate DA opponents get at least $80k in most metro areas. A "general attorney" gets $99k on average in the private sector, and we know some can net much more. I suppose I should use the physician analogy - who would want to be a GP when a radiologist specialist can make 4X more money while maybe even less work? If we can't attract bright people to the dirtier, less glamorous jobs in law or medicine, then those areas will continue to underperform.

http://www.payscale.com/research/US/Job=Public_Defender/Salary
http://www.indeed.com/salary/Attorney.html

Thursday, November 6, 2008

Gay marriage


http://news.yahoo.com/s/time/20081106/us_time/whygaymarriagewasdefeatedincalifornia

Currently, only MA and CT legalize gay marriage, but many other states offer same-sex civil unions and domestic partnerships that cover most of what marriage is in the legal definition. After 18,000 gay marriages performed in CA this year, its status is now uncertain (but it will be argued in the courts for years). I guess after the slim passing of CA's Prop 8, gay rights groups are wondering WTF happened and if they are still living in "liberal CA" (just last week it looked like the prop would fail 44-49, but it passed 52-48). And in Florida (Miami has another large gay community), a similar measure passed by a whopping 62-38. In 2004, 11 states passed bans (some going further, banning any sort of same-sex legal union, not just marriage), even blue states like MI and OR. Arizona, not the most gay-friendly state, rejected a constitutional ban on gay marriage just 2 years ago, but this week changed its mind and passed one. Actually, AZ is the only state on record to have ever rejected a gay marriage ban by vote, so such initiatives have at least a 93% success rate in recent history.

I guess with a potentially larger black voter turnout for Obama (this has been debated in the press), it might have been tougher for gay marriage to pass, since blacks are the most anti-gay-rights voting group in America, and 70% voted pro-8. Obama, the most popular and visible politician in years, didn't really address gay rights in his campaign (maybe fearful of the backlash Kerry incurred, and opposed to gay marriage from his religious beliefs), which was dissapointing to gays. Confusingly, he has publicly opposed both gay marriage and Prop. 8. Maybe he doesn't believe in gay marriage, but doesn't think that constitutional amendments are the proper way of addressing the issue? Gov. Arnold also opposed it, while McCain supported it.

Maybe a lot of the "silent majority" living in rural or suburban areas, who may have been overlooked or avoided participating in the polls, also favored bans. Well, their loss in CA can't be chalked up to money, since the "No on 8" side spent almost double what the pro side did ($44M to $25M). It was the most expensive campaign ever for a social issue. While the "No on 8" side got huge donations from Hollywood and other gay/liberal elites, the "Yes" side was funded by religious groups and families concerned (justifiably or not) that legalized gay marriage would erode the traditional family model and confuse their children. Some also consider it an abomination. The Sacramento Bee reported on a blue-collar Mormon family in CA that gave its entire savings ($50,000, and amidst a bad economy) to the "Yes on 8" campaign, after much agonizing and prayer. That is half the amount that rich Brad Pitt gave to the other side. The Mormon and Catholic churches, as well as Dr. James Dobson's "Focus on the Family", were large donors too, and many Christian preachers discussed it in their sermons (either for or against).

Legally, pro-gay groups are challenging if it's fair to have popular votes decide whether to amend state constitutions to block a minority group from having various benefits/rights such as marriage. Because obviously a minority group doesn't have the numbers to represent itself in a vote. A positive facet of American democracy is protection of minority rights, but not at the expense of the majority's "greater good" of course. It's a tough balance that we have and will struggle with for decades, but it's much better than Saudi Arabia or Russia. The CA constitution and others prohibit any sort of discrimination based identity characteristics, so is this discrimination? I'm not going to debate whether marriage is a right, a religious institution, or whatever, but obviously it's a sensitive, divisive, and challenging issue.

Some gays feel especially persecuted in America, and think that they are much less accepted than other minority groups (even illegal immigrants). I find that bizarre and maybe inaccurate, since the majority of hate crimes reported by the FBI are still against blacks and Jews (only 15% against gays). Obviously some discrimination does occur, but are they victims any more than other groups? There have been some very high-profile sucides and murders involving gays which may affect perceptions. But there are also several gay mayors and other politicians starting with Harvey Milk in the 1970s (unfortunately assassinated), and most recently the first gay man elected to Congress. Gays have been successful in the entertainment industry (as well as most other industries besides sport and military), and gay media is everywhere and similarly prevalent versus women's, black, or Latino media. There is no obvious education gap with gays (no stats on this, just my feeling), and a smaller income disparity between gays and straights (12% less, according to a recent study in Canada), versus whites and blacks (40% less) and men and women (20% less). We're not the most tolerant society, but we are very gay-friendly compared to other nations. Of course this varies by state and community. Religion obviously confounds the situation, since many faiths oppose homosexuality to various degrees (since it's generally viewed as a sin), while others have gone out of their way to be accepting, even at their own peril. This has caused a major rift in the American Episcopal Church (that allows gay preachers and elected a gay bishop). Some members have threatened to leave the church and join the International Anglican Communion instead (who prohibit gay preachers and marriages).

What also makes the matter more politically complex and high-stakes in America is the vast amounts of cash infused by a new elite gay lobby (see link below). I guess they recognize that money = power in politics, and they can't go about their struggle in the old grassroots ways that MLK and Cesar Chavez did (marches, sit-ins, etc.). Or maybe money achieves results more expediently than those other methods? I guess it worked for the Right, so why not? They've injected millions into gay groups and political races across the nation, namely in NY where they hope to expand Dem representation in their legislature to legalize gay marriage.

http://www.time.com/time/politics/article/0,8599,1854884,00.html

From Time:
The Cabinet [a small, secretive, wealthy group of pro-gay advocates and political donors] is emblematic of a larger shift on the left since 2004 in the direction of big-money politics, a shift most clearly seen in Barack Obama's refusal of public financing for his campaign. The Cabinet is only one of several flush, members-only liberal groups that have formed since 2004, the most famous (and richest) being the Democracy Alliance, whose sponsors include billionaires George Soros, Peter Lewis (father of Cabinet member Jonathan) and Pat Stryker (sister of Cabinet member Jon).

That raises questions: What does a civil rights movement look like in an era of massive wealth? Can you still inspire a grass-roots movement when all the street troops know that the billionaires can just write bigger checks? And is it possible that the left has become a movement as coldly obsessed with money as it always assumed the right was?

But I am not sure if this "big money shadow movement" is the best way to gain more gay acceptance in the US. I think it may make some average people more suspicious and hostile to them, even if it does get more pro-gay people elected. Like some perceptions of Jews, I don't think it benefits gays if some believe that gay puppet masters are pulling the strings of their leaders to advance a "gay agenda". People will be less likely to accept gays if they feel that gays only care about their own community needs. If you only care about yourself and your kind, you may find that no one else will either. If gays want non-gays to treat them better and give them more equality, I think they have to be sensitive and considerate of non-gay sensibilities too, and many are - if not for decency then for survival. I know it's frustrating that gays may have to placate and bend over backwards to accommodate non-gays, but that is the curse of minority status. Plus the alternative is much worse. Instead of just proclaiming that gay marriage is their right and no one should stop them, they could demonstrate to others that gay marriage really isn't a threat to non-gay values, live and let live, etc. Then everyone gets what they want, right? It shouldn't be about "I can do this because it's legal, so too bad for you", because obviously people can change the laws to stop you. So why not send the lawyers home and instead focus on a social movement for coexistence and understanding? It won't be easy, but it's better than our current standoff. After the results in 2004 and this year, I just hope it's not too late for both sides to work together.

It's easier to make friends of enemies than fight enemies (not that gays and straights are enemies, but just as a metaphor). Sometimes you have to fight for your rights, and fight to the death, but hopefully things haven't gotten that desperate for gays. You can fight injustice by sitting down and talking too, and sometimes you have to give a little to get a lot. Obama succeeded where the "angry black man" failed, and I think the same has to be done in the gay community. Defiance and militant pride may accomplish some goals, but also do harm. You have to reach out, and empathy for others breeds empathy for oneself. I am not sure if gay advocacy groups are doing that with their opponents, or just preaching to the choir. The sobering result in CA should make them rethink their approach. I think minorities have success and get more of what they want when they attempt to integrate with the mainstream and merge their interests, while hopefully not losing their heritage and unique identity in the process. So then, it's not "us-versus-them", but "what's good for you is good for me too". This applies to illegal immigration, La Raza, and whatnot.

Like that famous anti-gay marriage commercial in CA where SF Mayor Gavin Newsome said, "[Gay marriage] is going to happen, whether you like it or not!" I think that turns off a lot of centrist or previously ambivalent people. Some people may not like gay marriage at first, but at least they are willing to talk about it and may be open to change. But if you approach a sensitive issue so dominantly and egocentrically, it may harden your audience's hearts and make them less receptive to compromise/understanding. Then you just shot yourself in the foot.

http://www.youtube.com/watch?v=4kKn5LNhNto