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Category: law and order

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Yet more prisoners

In the February 8, 2010 issue of National Law Journal, it is reported that the United States currently has 380,000 people in custody, even though they haven’t been charged with crimes.

They are immigrants, confined to a sprawling network of more than 270 jails and prisons for weeks or months while proceedings to determine whether they’ll be allowed to remain in the country are pending.

The article indicates that concerns are being raised that many of these facilities are substandard, that medical care is lacking and that the prisoners have limited access to legal counsel.

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Climate: OJ and the Haystack

Climate: OJ and the Haystack

Why Climate Change Denial Is Like the O.J. Trial is an interesting article. The essence is that the climate denialists are using the same techniques as the OJ defense team: Find anything resembling a needle in a vast haystack of data, then claim that the presence of the needle casts doubt on the character of the haystack itself.

Because there is an overwhelming pile of evidence in support of anthropogenic global warming, there are bound to be occasional pieces of data that can appear to contradict the mass of affirmative information. The pile is overwhelming, especially to non-scientists. Therefore few have the patience to understand the whole thing.

Those who want to spin the counter argument claim that, because the two sides are both represented, therefore the issue is in doubt. And, as in the OJ trial, if there is cause for doubt, then no action is to be taken.

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The dangerous prisoners of Guantanamo

How dangerous are the most dangerous prisoners of Guantanamo? If you listened to the Bush Administration, you’d think that they were all hardened killers. But guess what happens when a real-life judge looks only at the government’s evidence regarding those the government hasn’t released willingly? Glenn Greenwald reviews recent information from the Washington Post:

Federal judges, acting under a landmark 2008 Supreme Court ruling that grants Guantanamo Bay detainees the right to challenge their confinements, have ordered the government to free 32 prisoners and backed the detention of nine others. In their opinions, the judges have gutted allegations and questioned the reliability of statements by the prisoners during interrogations and by the informants. Even when ruling for the government, the judges have not always endorsed the Justice Department’s case. . . .

This, of course, is a national travesty. Considering only the government’s evidence, judges have ordered the release of 32 out of 41 of the detainees. This is not an indication that the judges have been lenient; they are the same career federal judges who run the United States District Courts. Rather, these shocking statistics show that there is no meaningful evidence that most of the longest imprisoned detainees are guilty of anything at all. Consider also that the U.S. released most of the detainees a long time ago because even the U.S. admitted that it had no evidence of wrongdoing in most of these cases:

Since October 7, 2001, when the current war in Afghanistan began, 775 detainees have been brought to Guantánamo. Of these, approximately 420 have been released without charge. In January 2009, approximately 245 detainees remained. . . Of those still incarcerated, U.S. officials said they intend to eventually put 60 to 80 on trial and free the rest.

It’s a beautiful system, isn’t it? Imprison and vilify hundreds of innocent people, distributing their images to garner public support for a needless series of military occupations. More and more, I think of the U.S. as primarily a warmonger society. The evidence just keeps pouring in from every direction.

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The type of damage caused by media violence

The type of damage caused by media violence

Media Education Foundation has released a new video: The Mean World. This documentary studies the work of communications scholar George Gerbner, who carefully studied media violence for four decades.

What is the effect of media violence? It doesn’t seem to make most of those who watch it engage in violent acts. Rather, viewing repeated acts of violence is “likely to make us more scared of violence being done to us.”

Gerbner’s team repeatedly determined that “commercial media have eclipsed religion, art, oral traditions, and the family as the great story-telling engine of our time.” As Gerbner noted, a small handful of commercial conglomerates have global marketing formula that are imposed on the people in Hollywood [who are told] put in more action. Cut out complicated solutions. Apply this formula because it travels well in the global market. These are formulas that need no translation, that are image-driven, that speak action in any language . . . and the leading element of this formula is violence.”

This tidal wave of highly choreographed violence is unprecedented, and it is being pumped into every home. Most children now see 8,000 murders by the end of elementary school. Gerber holds that this violence is so dangerous because it has become routine.

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The Politics of War Crimes

The Politics of War Crimes

I sometimes can’t shake the feeling that everything is wrong. Down is up, wrong is right, war is peace, and lies are truth.

Take, for example, the issue of torture. We as a society have regressed to the point where we find it acceptable to use torture. We use it explicitly, openly, without any concern for the consequences. Of course, some of the consequences (like increasing terrorism) are inevitable, whether we choose to be concerned with them or not. But that’s really beside the point– the simple point that I am amazed by right now is that we torture people. That, and the fact that it’s not a major controversy. The Land of the Free, the Home of the Brave, with tyranny and torture for all.

Since the usual arguments against our torture policy have proven ineffective, I want to elaborate a bit. The usual arguments involve questions of efficacy– that is, whether torture is effective or not. (It’s not). In fact, the CIA officer who argued that waterboarding was so effective that it cracked hardcore terrorists the first time (and within 30 seconds!) has now recanted his story. When he came out with the story of how waterboarding worked so well, he was called the “Man of the Hour”, but now hardly anyone is mentioning that it was all lies. Go figure that a CIA guy would lie to his own countrymen, right? In any case, the issue of waterboarding, or any of the various “enhanced interrogation techniques“, is a red herring. The truth is that we are engaged in far worse abuses.

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Police chiefs, judges and prosecutors explain why the “war on drugs” is immoral

This video by LEAP (Law Enforcement Against Prohibition) is well worth watching, especially by those who claim to support the “War on Drugs.” The many hundreds of law enforcement officials who belong to LEAP agree that what we have is not a “War on Drugs,” but prohibition, rampant social destruction and corruption.

But won’t people start using a lot more drugs if they are legalized? Not likely, based on the “Holland effect”: Legalizing marijuana in The Netherlands has lessened its appeal: Per-capita consumption is only half what it is in the United States. “They have succeeded in making marijuana boring,” according to James Gray, an Orange County Superior Court judge for 20 years.

Check out the 12-minute mark of the above video for shocking statistics on institutionalized racism.

As one of the police officers states, legalization is not about promoting drugs. It’s about stopping the violence. Once we legalize, then we can go about our work to discourage the destructive use of drugs, just like we did with cigarettes. 50% percent of adult smokers have given up that habit in the past ten years thanks to education. We cut the use of nicotine in half without telling our police to kick down doors and slap handcuffs onto smokers.

Judge Gray indicates that ending the “war on drugs” is the “single most important thing we could do” to improve our urban neighborhoods.

What is the war on drugs? According to one of the speakers in the above video, it’s “sixty nine billion dollars per year down the rat hole.” I agree. The “War on Drugs” should be renamed the “Inject Violence Into Neighborhoods Project.” It is immoral and senseless. And finally, there is good reason to believe that the momentum has changed (based on many things, including Denver’s legalization of marijuana). Large numbers of Americans are starting to question this insane “War.”

Judge Gray makes the point that legalizing marijuana is NOT condoning it. In the following talk (Oct 28, 2009), he gives a long litany of additional reasons for regulating and controlling marijuana. The biggest reason for legalizing is the the present system endangers children:

For much more important information, see the home page of LEAP.

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Can you tolerate NAMBLA?

image courtesty of the Federal Art Project, via Wikimedia Commons

You think you’re open-minded? What if the North American Man-Boy Love Association wanted to distribute a newsletter in your town? What if they wanted to hold a local parade celebrating pederasty?

I am currently studying social psychology in graduate school, and I’m particularly interested in political psychology. One of my present research interests is political tolerance. “Political tolerance” refers to individuals’ willingness to extend equal civil liberties to unpopular groups.

When political scientists and psychologists measure political tolerance, they often probe individuals for their ability to withstand the most offensive, outlandish groups and speech possible. For example, a liberal-minded person may be asked whether they would be willing to allow a rally for the Klu Klux Klan or some extremist, militaristic group. Paradoxically, a truly tolerant person must be willing to allow racially intolerant speech.

Political tolerance plays a cornerstone role in functioning democracies (at least, we think so). If voters can strip away the civil liberties of disliked political groups, those liberties lay on precarious ground indeed. If we cannot tolerate the words of anarchists or members of the Westboro Baptist Church, then we do not really believe in the boundlessness of speech at all.

Academics say as much. In reality, voters are not so tolerant.

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Report thousands of crimes?  Go to prison.  Commit thousands of crimes? No problem.

Report thousands of crimes? Go to prison. Commit thousands of crimes? No problem.

Check out this incredible display of hypocrisy vividly demonstrating the raw power of money. It’s a story about Bradley Birkenfeld published at DemocracyNow by Amy Goodman. Birkenfeld was a banker for the Swiss giant UBS. In 2007, he “blew the whistle on the biggest tax evasion scheme in US history.” He is preparing to head to prison tomorrow to begin serving a forty-month federal sentence. The written record is clear that Birkenfeld provided inside information to the U.S. Senate, to the IRS and the Justice Department demonstrating that more than 19,000 Americans have been hiding vast amounts of financial assets in secret UBS Swiss accounts.

None of these tax cheats–they have all cheated the U.S. government out of substantial tax revenue–is spending any time in jail. Who are these tax cheats who hid more than $20 billion from the U.S. government in secret Swiss accounts? Their names have not been disclosed according to Stephen Kohn, Birkenfeld’s attorney:

[T]hey’re all very rich people, very powerful people. They could be judges. They could be senators. They’re all rich. They’re all probably very powerful in their local communities. How guilty were they? . . . Every year they checked a box that was a lie on their tax form that permitted them to hide millions and millions in assets. Each time they checked that box, they committed a felony. So if they were doing it for fifteen, twenty years, these are large felonies.

But wasn’t there a possibility that these wealthy American tax cheats could have gotten caught without Birkenfeld’s efforts? After all, weren’t these rich tax cheats receiving bank statements from an big overseas bank? Nope. That “problem” was taken care of by a special arrangement between the bank and each of its tax cheat customers. According to Stephen Kohn:

They also had this thing called “mail hold.” The Swiss bank would never send them a letter, so no one could ever track it down. It was personal between that millionaire cheater and the bank. And all of their mail would be held in a secret vault. So when they traveled to Switzerland, they could sit and open all their mail, all their receipts, all their statements, and then shred them when they were done looking at them. In other words, the bank was actively facilitating the fraud, but each client was actively engaged. And these were not small frauds. These were major frauds by millionaires and billionaires. And right now, the American people don’t know who they were. Think of that. Fourteen thousand multimillionaires and, we know, billionaires had illegal accounts for years. They hold positions of authority in the United States. And the Justice Department has essentially given cover to every single one of them.

But wait! Why is Birkenfeld going to prison? Well, U.S. authorities have accused him of helping his own billionaire client hide assets–a man named Igor Olenicoff. Olenicoff ended up getting probation while Birkenfeld is going to spend four years in the slammer.

All of this goes to show you that there are some mighty powerful unwritten laws here in the United States. We are a country of two versions of justice, one for the rich and another for the poor. What kind of justice do the poor get? Consider another example: 750,000 people are arrested for possession of marijuana every year, the equivalent to the entire population of South Dakota. At the same time, large monied pharmaceutical companies crank out expensive drugs that mimic virtually every street drug out there, perfectly legally and in many cases financed by the U.S. Medicare system.

Yes, there are two versions of justice here in the U.S. It reminds me of that famous quote by Anatole France:

The law, in its majestic equality, forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.

Anyone, rich or poor, who wants to cheat the U.S. government by stashing their possessions in an overseas bank account is welcome to do so. But if you cheat the government out of food stamps, God help you. Anyone who wants to produce mind-altering medication by starting their own pharmaceutical company is allowed to do so under the law. But if you grow marijuana at home, you’ll face the full weight of the law.

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Use behavior-profiling, not racial profiling

Many in the political right wing are advocating for more racial profiling, or at least cultural profiling. Think Progress explains why these approaches don’t work and why we should instead use behavior profiling.

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South Africa’s rape problem

Until I read this BBC article, I had no idea the extent to which South Africa has a problem with rape. One out of every four girls in South Africa will be raped before she gets to be 16 years of age:

It is a fact that a woman born in South Africa has a greater chance of being raped, than learning how to read . . . The majority of the victims are 12 years old or younger. Many of the perpetrators are themselves children . . . Sexual violence pervades society, with one of the highest reported rates of rape in the world, and an alarmingly high incidence of domestic violence and child abuse.

The article indicates that many of the rape victims are babies. It is an utterly horrible situation.

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Border Incident

You may have heard about this by now. Biologist and science fiction writer Peter Watts was stopped on his way back into Canada by border guards. He’d been helping a friend in the United States move and he was returning. He was flagged to the side and the guards fell on his vehicle. He stepped out to ask what was going on, was told to get back in his vehicle, and when he asked again for the reason for the search, he was pepper sprayed, beaten, thrown in a lock-up overnight, and the next day sent into a winter storm on foot in shirtsleeves, all his personal property confiscated pending arraignment on charges of assaulting a federal officer.

In his own words:

Along some other timeline, I did not get out of the car to ask what was going on. I did not repeat that question when refused an answer and told to get back into the vehicle. In that other timeline I was not punched in the face, pepper-sprayed, shit-kicked, handcuffed, thrown wet and half-naked into a holding cell for three fucking hours, thrown into an even colder jail cell overnight, arraigned, and charged with assaulting a federal officer, all without access to legal representation (although they did try to get me to waive my Miranda rights. Twice.). Nor was I finally dumped across the border in shirtsleeves: computer seized, flash drive confiscated, even my fucking paper notepad withheld until they could find someone among their number literate enough to distinguish between handwritten notes on story ideas and, I suppose, nefarious terrorist plots. I was not left without my jacket in the face of Ontario’s first winter storm, after all buses and intercity shuttles had shut down for the night.

In some other universe I am warm and content and not looking at spending two years in jail for the crime of having been punched in the face.

Here is a post on his behalf.

A legal defense fund is being built by the writing community as you read this.

The first thing, I admit, that occurred to me when I heard about it was a kind of reflexive “well, he must’ve said something,” the kind of self apology for representatives of my government that springs automatically to mind. Because none of us want to believe that thugs and bullies work for us.

I dismissed that idea. Watts is the least likely individual to provoke such a response.

[more . . . ]

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Medical marijuana is coming to DC

Law Enforcement Against Prohibition is reporting that Congress is giving the OK to medical marijuana in Washington DC.

Who is LEAP?

A group of police and judges who want to legalize drugs pointed to new FBI numbers released today as evidence that the “war on drugs” is a failure that can never be won. The data, from the FBI’s “Crime in the United States” report, shows that in 2008 there were 1,702,537 arrests for drug law violations, or one drug arrest every 18 seconds.

“In our current economic climate, we simply cannot afford to keep arresting more than three people every minute in the failed ‘war on drugs,’” said Jack Cole, a retired undercover narcotics detective who now heads the group Law Enforcement Against Prohibition (LEAP). “Plus, if we legalized and taxed drug sales, we could actually create new revenue in addition to the money we’d save from ending the cruel policy of arresting users.”

LEAP’s motto is that while drug use is bad, “The War on Drugs is Worse.”

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Local Economic Activism on the Rise

Local Economic Activism on the Rise

Last night someone let a breeze into my house. When we got home, the furnace was at redline as it vainly tried to keep the thermostat warm. The radiators were dangerously hot. And I was pretty sure that I didn’t leave my cookbooks strewn across the pantry floor on a layer of shattered Victorian art glass.

The responding officer mentioned that the holiday season is a hot time for those who use this method to encourage people to buy more stuff. Our neighborhood email newsgroup has had more buzz than usual about burglaries and car theft. One sign of a weak economy is a rise in material crimes. The poor become more desperate while the rich take shorter tropical vacations and drive last year’s Lexus.

These guys were in a studied hurry. They opened and dumped drawers, flipped mattresses, and opened every door. As near as I can tell, my super-zoom camera and new laptop computer were the only really significant items taken. Plus several hundred dollars, mostly in state quarters and other change. They found and collected the power supply and carry case for my laptop, each in a different location. I miss my vintage laptop bag more than the much pricier laptop. It was a classic Targus backpack that has been getting favorable comments for 14 years. I haven’t seen another quite like it since the year I bought it.

Fortunately, we were away with all our credit cards and my smaller (but now favored) camera. It appears that some jewelry of little economic value is also missing, and an older camera. And a set of house keys. Changing the locks is easy. But not having keys didn’t seem to slow them last night.