For those of you who don’t have HBO and are unfamiliar with Last Week Tonight With John Oliver (very much in the same vein as The Daily Show only uncensored) the segment below is a must watch. While John Oliver is certainly of the Left, he definitely has a libertarian streak on social and criminal justice issues. In this segment, Oliver takes on the travesty known as mandatory minimum sentences (i.e. zero tolerance policies with even more severe consequences).
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.
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.
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.
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.
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.
I’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.
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
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
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. » Read more
On May 28th, 2014 around 3:00 a.m. in Habersham County, Georgia a SWAT team raided a house the police believed to be occupied by Wanis Thonetheva, an alleged drug dealer. In the chaos of the raid instead were four children and up to four adults. The youngest of the children, 19 month-old “Bou Bou” Phonesavanh was burned and permanently disfigured from a flash-bang grenade which set the play pen he was sleeping in ablaze.
No drugs or contraband of any kind was found in the home. Also absent from the residence was the man they were looking for.
Bou Bou was taken to Grady Memorial Hospital in Atlanta where he was put into a medically induced coma. Doctors were not sure if the toddler would ever wake up but fortunately, he did.
This is not by any means, the end of the Phonesavanh family’s problems with Bou Bou’s medical expenses around $1.6 million and surgeries into adulthood. These expenses, by the way, that will not be paid by the county or the departments responsible for severely injuring this child.
In the aftermath of this botched SWAT raid, several Georgia legislators are looking to reform the use of “no-knock” raids. Sen. Vincent Fort (D-Atlanta) introduced a bill he’s calling “Bou Bou’s Law” which would require a slightly higher standard for no-knock raids than required by SCOTUS. Bou Bou’s Law would require “the affidavit or testimony supporting such warrant establishes by probable cause that if an officer were to knock and announce identity and purpose before entry, such act of knocking and announcing would likely pose a significant and imminent danger to human life or imminent danger of evidence being destroyed.”
In the House, Rep. Kevin Tanner (R-Dawsonville) introduced a similar bill which would go even further by requiring that no-knock raids be conducted between the hours of 6 a.m. and 10 p.m. unless the judge issuing the warrant “expressly authorizes” another time. Tanner’s bill also requires that each department keep records of each raid which would be compiled with all the other records around the state into an annual report which would be sent to the Governor, Lieutenant Governor, and the Speaker of the House.
While these are laudable reforms which I would hope would pass any state legislature, these reforms do not go nearly far enough. Several of the articles I read in preparing this post had titles like “No Knock Warrants Could be a Thing of the Past.” In reading over these bills, I’m not quite that optimistic. As Jacob Sullum pointed out at Reason, its not at all clear that Bou Bou’s Law would have prevented the raid from happening. The police at the time thought their suspect was probably armed; it probably wouldn’t take much to convince a judge to issue the no-knock warrant.
As I took another look at Rep. Tanner’s bill, I saw no language that would restrict the hours of the standard knock and announce raids. His bill seems incredibly vague to my lay reading “all necessary and reasonable force may be used to effect an entry into any building or property or part thereof to execute such search warrant if, after verbal notice or an attempt in good faith to give verbal notice by the officer directed to execute the same of his or her authority and purpose”.
Its human nature to stretch and bend language in such a way that is favorable to one’s objectives. I can imagine the police “interpreting” this law to mean they could gently knock on the door at 3 a.m., speaking in a barely audible voice “Police, search warrant open up,” counting 1 Mississippi, 2 Mississippi, 3 Mississippi, CRASH!
There is some concern by those who think that even these modest reforms put the police in unnecessary danger – police lives matter. I’m of the opinion that ALL lives matter and propose some (admittedly) radical ideas as to how and when SWAT tactics and/or police searches should be used to protect the life and liberty of all concerned:
– If the reason for a surprise raid on a residence is that the evidence could be quickly flushed down a toilet or easily destroyed by other means, then this isn’t enough reason for such a raid in the first place. A couple of ounces of any drug flushed down a toilet is not sufficient reason to put the lives of those in the residence or the police at risk.
– SWAT should not be used at all unless its an active shooter situation, a hostage situation, or credible reason to believe there will be active, armed resistance to the search. Unless there is a very real clear and present danger, leave your military grade toys at the station.
– Each and every police officer involved in the search wears a camera (preferably on the head to have a true POV). All video from the search would be made available to the suspect’s defense attorney.
– The police departments involved are responsible for any and all “collateral damage” to life and property. In the event an innocent life is taken, the individual officer(s) responsible should be treated as anyone else who takes a life. Investigation/prosecution would be conducted by an independent investigators and prosecutors.
– Absolutely no raids or searches of any kind between 9 p.m. and 9 a.m. (though stakeouts and other activity which does not require interaction with the suspect(s) during these hours is permissible).
I’m sure that some if not all of these ideas are too radical for many lawmakers. If we really believe that “all lives matter”, however; these proposals should be thoughtfully considered.
If you would like to make a small donation to help pay Bou Bou’s medical expenses, go to this GoFundMe page which has raised nearly $43k so far.