Author Archives: Stephen Littau

A Thought Experiment: Fraternity Initiation Gone Horribly Wrong

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I would like to conduct a little thought experiment.

It seems that quite a few people have very strong opinions about the Freddie Gray case in Baltimore. Some of you see this as a race issue, others as a police issue (cops either almost always have halos or devil horns), and a few see this as the human tragedy it truly is. Some believe that there simply isn’t enough proof to bring charges against the six police officers. They are being railroaded and overcharged some say (I would like to point out that overcharging non-cops and railroading non-cops in the justice system is an everyday occurrence). I would like to remove these variables and see if we come up with a different conclusion if we change the actors.

Let’s say that instead of six cops putting Freddie Gray in a paddy wagon its six fraternity brothers (of any race you wish, but let’s say they are all of the same race…use your imagination) from the (fill in the blank) chapter doing an initiation. At this point in the story, our analogue for Freddie Gray is a pledge who wants to join this fraternity. Let’s call him Jim.

Are you with me so far?

Now that we know who the actors are let’s continue…

Several of the fraternity brothers find Jim and start the initiation process. They put Jim in hand cuffs and call the rest of the fraternity brothers who eventually pull up in a van. As they begin to put Jim in the van, he begins to panic.

“I can’t breathe, I need my inhaler!” Jim says.

The fraternity brothers ignore Jim’s concerns and proceed to put him in the back of the van.
animal_house
Jim sits on a bench with both his hands and feet cuffed but not restrained in a seat belt. The van peels out down the road. Jim is bouncing around the van. Whatever else happened inside the van remains unclear. Did the fraternity brothers get a little too rough with him? What caused Jim’s neck injury? Was his injuries sustained just from bouncing around with his hands and feet bound?

We don’t know for sure.

The driver stops the van and checks in on Jim. Clearly, Jim appears to be hurt but the driver offers no medical attention, shrugs, and returns to the driver’s seat.

After driving a few more blocks, the van stops to pick up a second fraternity pledge. Jim, no longer really “into” being a pledge says at least twice that he needs to be taken to a hospital or at the very least, dropped off. Jim is having difficulty breathing. The driver again ignores Jim’s pleas and obvious medical needs.

What happens next remains controversial. Some news outlets say the other pledge witness Jim trying to injure himself! A day or two later, the person claiming to be the other pledge says that he was being misquoted and said that Jim did not try to injure himself. Even more news stories claimed that the original story was true and the second story was false.Dr. David Samadi writing an article for The New York Daily News writes that an injury of that type being self-inflicted is “highly unlikely.”

After driving around a bit more the van stops again. Jim is on the floor and unresponsive but the frat brothers again decide not to take him to a hospital or offer any kind of assistance. Still bound at his hands and feet and still not secured in a seat belt, the van makes its way to the frat house.
IN_Delta_House_Exterior
When the van finally stops at the frat house, the driver notices that Jim isn’t breathing. The frat brothers finally come to terms with just how dire the situation is and dial 911.

Jim is transported to the hospital via ambulance. About a week later, Jim dies of injuries to his spine.

In the autopsy report, the cause of death is ruled a homicide.

In the weeks that followed Jim’s death, there were all sorts of rumors about his character. He had been arrested several times – mostly drug offenses. Stories on social media also claimed that Jim had sustained the spine injuries in a car accident prior to the fraternity initiation and had a surgery to repair the damage (this story turned out to be false but many people still believe it to be true). Furthermore, the toxicology report revealed that Jim had heroin and marijuana in his system.

Now that these variables are a little different, is there anyone out there who is going to tell me that in such a scenario these six frat brothers would not receive at least some of the following charges?

-Manslaughter by vehicle (gross negligence on the part of the driver – 10 years)

-Manslaughter by vehicle (criminal negligence on the part of the driver – 3 years)

-False imprisonment (the remaining five frat brothers – 1 count each)

-Manslaughter (1 count for each frat brother)

Based on these findings by the DA, would you say these frat brothers are being over charged? Should they be charged at all? Jim was alive and well before the frat brothers picked him up. Now he is dead. Something happened while he was under the control of the frat brothers.

And what about Jim’s arrest record? (Note: arrests are not the same as convictions) What about the toxicology report showing heroin and marijuana in his system? Assuming this is true, does this somehow absolve the frat brothers of any wrong doing, at least partially? If so how?

Final question: is your conclusion to the above scenario similar to the real life Freddie Gray case? If not, why not?

As to other ancillary comments about the protests, riots, or other cases…post those elsewhere as they are not relevant to this discussion.

Quote of the Day: Baltimore 2015 Edition

what ifI’ve been thinking quite a bit about the situation in Baltimore and the very state of our culture. This Facebook status update I came across yesterday is very worthy of repeating here.

I really wish people would stop posting Freddie Gray’s criminal record, as if that makes him deserving of having his spine broken while in police custody, killing him. You can’t claim to be a supporter of constitutional rights, yet care nothing of Freddie Gray’s rights. This brother was no less deserving of his life than any white collar criminal. I don’t support rioting & looting, but I also won’t support those who think his life was worth less than the next person, or that he got what he deserved. He was the victim in this case, and his record is irrelevant… – Talitha McEachin

Agreed. Unless Freddie Gray presented a presented a threat to the lives of the police officers while he was in custody*, the police had no right to use the force they used that ultimately ended his life. Whether he was arrested one time or a thousand has nothing to do with how Gray was treated.

*Of course at this point, we don’t really know what happened while Gray was in custody. This is yet another argument for the notion that each and every moment the police are interacting with a suspect that these interactions should be recorded and made available (eventually) to the public. There’s simply no excuse for this not to be the policy of every police department in 2015.

A Little Tax Day Humor from Remy

LYRICS:
Make them pay four months of earnings (oh, that’s a good one)
Have them look for lost receipts (ooh, I like it!)
They’ll have about as much fun
as their last colonoscopy
People everywhere will get ripped off…
the paper version of the Apple Watch

And we’ll dance all night, it’s the best code ever
Some folks pay a lot, others they pay never
And you’ll get tax breaks if you’re really clever
It’ll take so long, it’s the best code ever
They’ll be like “oh, oh no”
We’ll be like “yeah, yeah, yeah.”
We’ll be like “awww.”

You may have heard that all your info
on our systems can be hacked with ease
But rest assured if they don’t get them
they’ll be in the care of folks like these
Yes historians will all agree
among the greatest works in history

And we’ll dance all night, it’s the best code ever
Some folks pay a lot, others they pay never
and if you don’t comply you’ll go to jail, however
Why would you not file? It’s the best code ever
They’ll be like “Oh, oh no”
We’ll be like “yeah, yeah, yeah”

Quote of the Day: Jason Pye on the Smarter Sentencing Act

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Jason Pye, former contributor to The Liberty Papers and current Director of Justice Reform at FreedomWorks posted an article yesterday for Rare Liberty about some promising political developments in the area of criminal justice reform. Perhaps one of the most promising of these developments at the federal level is a bill being considered is S.502 – The Smarter Sentencing Act.

Jason explains why he believes this reform is a step in the right direction:

With federal prison spending booming, an unlikely bipartisan alliance has emerged to bring many of these successful state-level reforms to the federal justice system. Sens. Mike Lee (R-Utah), Ted Cruz (R-Texas), and Rand Paul (R-Ky.) have joined with Dick Durbin (D-Ill.), Cory Booker (D-N.J.), and Sheldon Whitehouse (D-R.I.) to reform federal mandatory minimums – a one-size-fits-all, congressionally mandated approach to sentencing.

[…]

The Smarter Sentencing Act would expand the federal “safety valve” – an exception to federal mandatory minimum sentences for low-level nonviolent offenders with little or no criminal history – and cuts in half mandatory minimum sentences for nonviolent offenders. This more rational approach to sentencing will reduce costs on already overburdened taxpayers. The nonpartisan Congressional Budget Office estimated a net $3 billion cost-savings over a decade. The Justice Department believes the bill will save an eye-popping $24 billion over 20 years.

The benefits of the Smarter Sentencing Act may not end with the fiscal savings. It could also reverse the damage done by federal mandatory minimum sentences in certain communities, which, as Lee recently explained, “have paid a high cost for the stiff sentences that mandatory minimums require.”

5 Memes that Need to Die

Internet memes – what would social networks look like without them? We all “like” some, share, and laugh at the most clever ones (others…not so much). Memes are a simple way to communicate to your social network your opinion on various issues from issues as serious as war and peace to more innocuous issues like which way is the proper way to install a roll of toilet paper (I’m an anarchist on that question). Not everyone has the time to write lengthy blog posts about these issues but almost everyone has enough time to click “share.” Like blog posts do, sometimes, these memes open up great discussions or debates (but often devolve into childish nonsense…sadly).

There are a few memes that are so incredibly inane that you will wish there was a “dislike” or “this is so stupid” button option when it crosses your news feed. The following are 5 memes which deserve to die by way of a logical response. These are numbered but not intended to be in any particular order as they all just need to die.

1. Those Dastardly Koch Brothers
Koch

For some reason, people on the Left have a huge hate on for the Koch brothers. If we are to believe the above meme, the Koch brothers are so rich and powerful that they could single-handedly fire 17 or more congressmen. Apparently, its only a few wealthy individuals and/or multinational corporations which advocate Right-wing ideas who lobby in Washington or contribute to campaigns and form super PACs.

According to Opensecrets.org, Koch Industries ranked #14 in the 2014 election cycle and #50 all time. To put the remaining contributors into perspective in the 2014 election cycle, 29 of the top 50 corporations donated most or all their money to Democrat/liberal campaigns while 9 donated most or all their money to Republican/conservative campaigns (the remaining 12 donated more or less evenly to both though some certainly leaned more one way or the other).

Of course, dividing these campaigns into “liberal” and “conservative” is itself, problematic. David Koch is more of a libertarian (small “L” to be sure) than a conservative. He supports many of the same causes that progressives do such as cutting military spending, being anti-war, supporting gay rights, and ending the war on (some) drugs. Apparently being socially liberal isn’t good enough; being fiscally conservatives make the Koch brothers the spawn of Satan.

The underlying complaint here is that there is too much money in politics. I have a very simple and practical solution: if you don’t like money in politics, get politics out of money. If those in congress only did what they were constitutionally permitted to do there would be little or no reason to lobby at all.

2. Drug Test Everyone on Welfare
drug test
I have to admit that I was a little more sympathetic to the notion of drug testing people receiving welfare when I first heard it being proposed. After all, when you take money from taxpayers who are earning and paying for your basic necessities of life, do you not at least have the obligation to prove you aren’t blowing the money getting high instead of looking for work?

While this is a great idea as a principle, it turns out its a terrible idea in the real world. If the idea of drug testing is to save money, then the problem is – it doesn’t. Florida had this law (before it was struck down by a federal judge) and the results were quite interesting. Of 4,086 people who were tested for drugs, a whopping 108 tested positive. The costs of requiring the welfare recipients to take the drug tests cost more that what it saved from rejecting the 2.6% who failed. Other states which have tried this experiment had similar results.

I think its very important for those of us who dislike the welfare state remember that its not just the poor who receive it. There are parasites whose entire existence is made possible only through wealth redistribution but there is more than one class of parasite. If the true reason behind drug testing is to humiliate those receiving a government check (because we now understand that it isn’t to save money) then we should ask the board members and CEOs of all the major corporations receiving corporate welfare and bailouts to stand in line to fill the cup up to the line as well.
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