Category Archives: Criminal Justice Reform

Hey FCKH8, I Have a Few ‘F-Bombs’ of My Own!

If you thought modern progressive feminists couldn’t be any more childish, you haven’t seen FCKH8’s latest viral video entitled: “F-Bombs for Feminism: Potty-Mouthed Princesses Use Bad Word for Good Cause.”

In the video (below), girls aged six to thirteen repeat progressive feminist bromides and talking points along with some F-bombs (as advertised) in an attempt to get this message to go viral (mission accomplished). As expected, the response by many is to be offended by having these ‘princesses’ use such foul language for any reason.

Personally, I think the whole thing is awful. I don’t like it when children are used for any cause foisted on children by adults, regardless of how noble the cause might be. It even turns my stomach a little when I see politicians use their own children in their campaign ads. It’s even more tacky to hear children speak about such things they most likely have no clue about. My daughter is pretty intelligent and the same age as some of these girls but I’m fairly sure she doesn’t even think about the ‘equal pay’ or ‘rape culture.’ Why should she? She’s nine years-old for crying out loud!*

So here’s the full uncensored version. If this is too much for your ears to handle, go here for the censored version.

Now, wasn’t that just precious!

More important than the shock value of elementary shool girls cursing like sailors…are the things these girls saying true? For the most part, no, these are the same old progressive feminist myths repackaged yet again. I’ve already dealt with the ‘equal pay for equal work’ nonsense here and here. You can also read this article 5 Feminist Myths that Will Not Die. I’ll let Julie Borowski take care of the rest as only Julie Borowski can – dropping her own F-bombs (Fact bombs, I should say) without actually cursing.

I have a few other F-bombs about gender disparities progressive feminists almost never bring up (and I’ll do so without exploiting any elementary age children to make my points):

A young man is required by law to sign up for Selective Service by his 18th birthday. In the event Congress decides to reinstate the draft, men exclusively are conscripted to risk life or limb for ‘his country.’ Also, of those who have died in all the U.S. wars (declared and undeclared) since the American Revolution, 99.99% were men. When men’s rights activists say that society has long decided that men are the ‘disposable gender’ this is one example of what they are talking about.

When young girls are circumcised we call it ‘genital mutilation’ and we are rightly scandalized by this barbaric practice. When baby boys have their genitals mutilated, we call it circumcision because either the boy should ‘look like his father’ or because some women prefer their partner to be circumcised. So much for ‘my body, my choice.’ And imagine the outrage if even one man said that because he preferred the look of a woman’s vagina without a clitorous, baby girls should have it removed?

When it comes to parenting and divorce, mothers get custody of the children roughly 84% of the time.

Let’s call this the gender ‘crime/time’ gap. For Similar crimes under similar circumstances, on average women serve 18.51 months vs. 51.52 months for men.

Since 1976, 15 women (2.9% of the executions) have been executed even though women are responsible for 10% of murders. While I am unapologetically opposed to the death penalty, as long as this barbaric practice is part of the system, this punishment should be an equal opportunity punishment without regard to sex, race, religion, economic or political status, or creed.

At least 3 states (California, Tennessee, and Kansas) require men to pay child support to his statutory rapist.

I could go on but I think I have made my point. There is inequality between the genders and both have their challenges. Personally, I would like to look at the individual rather than who is on ‘team penis’ or ‘team vagina.’ But first, we need to elevate the debate above the elementary school playground.

*This isn’t to suggest she isn’t already very opinionated or doesn’t care about important issues. That’s right, my daughter already has an issue she cares deeply about. Her issue: the alarming decline of the ‘big cat’ populations. According to National Geographic, there are as few as 3,000 tigers, 7,500 snow leopards, 10,000 cheetahs, and 30,000 lions left in the wild. I had no idea about this until my daughter started writing out a script she wanted to read over the intercom at her elementary school to collect money to help ‘save the big cats.’ I suggested that she should ask for donations to the local big cat sanctuary for her birthday instead of presents. Would you believe she was actually thrilled with this idea and followed through? I couldn’t be more proud of her. If she wanted to make a viral video about saving the big cats, I might make an exception to my ‘no kids’ rule because this is an issue that she actually cares about.

John Grisham Had A Point On Child Porn Punishments

John Grisham, a lawyer famous for his legal thrillers who has advocated for a more reasonable approach to crime sentencing and is on the Board of Directors for the Innocence Project, has caused a stir with his comments on some men who watch child porn:

“We have prisons now filled with guys my age. Sixty-year-old white men in prison who’ve never harmed anybody, would never touch a child,” he said in an exclusive interview to promote his latest novel Gray Mountain which is published next week.
“But they got online one night and started surfing around, probably had too much to drink or whatever, and pushed the wrong buttons, went too far and got into child porn.”

Mr. Grisham referred to a person he knew from law school who got himself in trouble regarding 16 year old girls:

“His drinking was out of control, and he went to a website. It was labelled ‘sixteen year old wannabee hookers or something like that’. And it said ’16-year-old girls’. So he went there. Downloaded some stuff – it was 16 year old girls who looked 30.

“He shouldn’t ’a done it. It was stupid, but it wasn’t 10-year-old boys. He didn’t touch anything. And God, a week later there was a knock on the door: ‘FBI!’ and it was sting set up by the Royal Canadian Mounted Police to catch people – sex offenders – and he went to prison for three years.”

“There’s so many of them now. There’s so many ‘sex offenders’ – that’s what they’re called – that they put them in the same prison. Like they’re a bunch of perverts, or something; thousands of ’em. We’ve gone nuts with this incarceration,” he added in his loft-office in Charlottesville, Virginia.

Reaction has been negative, and somewhat predictable. Think Progress was quick to condemn. Others have gone beyond condemnation and gone straight to calling for government intervention. Rosie O’Donnell has hinted that he should be targeted by the police:

(…) “Did John Grisham feel like these people needed a champion and he was it? I actually was horrified by what he said, as was most of the country because now he’s issued an apology… Nobody accidentally stumbles onto child pornography. If I were the police, I’d look at John Grisham’s hard drive right now.”

Despite the rage, Grisham has had defenders, including Radley Balko of the Washington Post:

Grisham certainly could have chosen his words better. But he isn’t wrong, and the invective he’s receiving right now is both misinformed and wildly over the top. There are Twitter users calling him a pervert, or for his home to be raided by the FBI. It isn’t all that different than suggesting that people who criticize the drug laws must be doing or selling drugs.

Take this quote out of context, and one could make Grisham look like he thinks the biggest problem with the criminal justice system is that old white guys are getting locked up for looking at child porn. But context is important. Grisham has spent a great deal of time, money, and influence advocating for criminal justice reform. He helped found the Mississippi Innocence Project, and sits on the board of directors for the Innocence Project in New York. He wrote a nonfiction book about a wrongful conviction, and helped another get published. He testified before Congress about the need for reforming the forensics system, addressing the problems he’s seen firsthand in Mississippi.

Grisham, feeling the heat, apologized:

Anyone who harms a child for profit or pleasure, or who in any way participates in child pornography—online or otherwise—should be punished to the fullest extent of the law.

My comments made two days ago during an interview with the British newspaper “The Telegraph” were in no way intended to show sympathy for those convicted of sex crimes, especially the sexual molestation of children. I can think of nothing more despicable.

I regret having made these comments, and apologize to all.

Even the “law school buddy” he was referencing, a Gulfport, MS personal injury lawyer named Michael Hollemann, has stated that he deserved his punishment:

Speaking to the Daily Mail, Mr Holleman, once one of Mississippi’s top criminal lawyers, said that did something illegal and it was right to have received punishment.

“I did something wrong and I don’t have a bit of resentment about the way I was treated,” he said.

“It’s illegal and should be punished. If it’s a crime, it’s a crime. There’s a violation of the right of privacy involved. There’s people now who, because of the internet, who are making child pornography so they can share it across the internet. There are good reasons for it to be illegal and punished.”

It’s important to note one thing: no one involved, including myself, is stating that downloading child pornography should not be punished. It should be, without a doubt. Plus, even Grisham admits he spoke poorly.

However, the larger context of Grisham’s overall point is one about inflexibility. In Hollemann’s case, he was looking at a site of women advertised as 16. It is illegal – in both the United States and Canada1, where the sting was conducted – to look at pornography involving anyone under 18. But the age of consent in many states is 16; that means that some states have determined that 16 year olds are mature enough to decide when they want to have sex. We currently sentence looking at a 17 year old – such as former porn star Traci Lords, as noted by Balko – as harshly as looking at children half that age, despite the fact that that 17 year old can enlist and fight in a war if they want.

Of course, Holleman was guilty of looking at a site that clearly advertised 16 year olds. There are no provisions in the law as it stands for looking at something that’s not advertised as such. There’s also no allowance for minors looking at minors (e.g.: sexting). This has allowed a few attorneys general to make grandstanding pledges to arrest and charge all of the kids involved in cases where sexting has gone wrong – such as images being leaked, be it maliciously or via hacks like the recent Snapchat hack – with either possession of or manufacturing child pornography.

In both cases, the issue isn’t just the threat of jail time, it’s being permanently branded with a scarlet letter via the databases created by Megan’s Law. The intent behind the law is noble, but the consequences have been people being branded as heinous sex criminals – forever limiting their ability to get and hold a job, travel, or even live peacefully – for accidentally downloading child pornography, or for sleeping with the wrong teenager in the wrong state who has the wrong father. The ends do not always justify the means.

On a troubling note at a societal level is the call for John Grisham to be raided by the FBI. The fact that such a call flaunts the very purpose of the First Amendment – that government cannot punish people for their opinions or statements – is flagrantly obvious, but many people would be willing to trample the Constitution If It Protects Just One Child™. It’s easy to laugh at Rosie O’Donnell because she’s Rosie O’Donnell, but any time someone gets busted for anything relating to child pornography, there’s an arms race of sorts to see who can think of the best way to punish the perp. Lifetime jail term! Chemical castration! Execution! Mob mentalities accomplish nothing.

This is a bipartisan issue as well. The left is generally concerned with protecting victims, while the right is generally concerned with removing society’s unfit, but they both agree that children must be protected. This is noble. But the calls to raid John Grisham show why it’s very hard to get moderation on this issue: any calls for such are perceived as the person in question proclaiming that child pornography is a wonderful thing, and to Hell with the kids. Nothing could be further from the truth, but it makes even agreeable goals such as fixing Megan’s Law or adding provisions for things such as sexting leaks virtually impossible to reach.

John Grisham wasn’t railing in favour of child porn, he was really coming out against mandatory minimum sentencing, which is consistent with his statements on this subject for years. We can’t shred the Constitution because it’s popular. In the meantime, I urge people who have the welfare of exploited children in mind to consider supporting or donating to the Rape, Abuse and Incest Network or to the Polaris Project.

1 – Canada’s federal age of consent laws – key here, draw a line between regular sexual activity – where the age of consent was raised from 14 to 16 in 2008 – and that which “exploits” the person in question, with listed examples being that of pornography, prostitution, or anyone in a position of trust, e.g. teachers, caretakers, coaches, etc. Source: Canadian Department of Justice.

Christopher Bowen covered the video games industry for eight years before moving onto politics and general interest. He is the Editor in Chief of Gaming Bus, and has worked for Diehard GameFan, Daily Games News, TalkingAboutGames.com and has freelanced elsewhere. He is a “liberaltarian” – a liberal libertarian. A network engineer by trade, he lives in Derby CT.

President Obama Appoints Drug War Opponent To Head DOJ’s Civil Rights Division

President Obama has appointed attorney Vanita Gupta to head the Department of Justice’s Civil Rights Division. What should be of interest is Ms. Gupta’s opposition to the Drug War and calls for prison reform.

Reason has more:

A drug-war denouncing, prison-reform crusading, longtime civil-rights attorney is President Obama’s new pick to head the Justice Department’s civil rights division. Venita Gupta, 39, will take over as acting assistant attorney general for civil rights next week, and the White House will likely propose making it permanent within the next few months, according to The Washington Post.

Gupta has called the drug war “disastrous”, the asset forfeiture program “broken”, and police militarization “out of control”. She supports marijuana decriminalization and eliminating mandatory minimum sentencing. “It’s time for states to end the costly criminalization of marijuana and recalibrate sentencing laws so that the punishment actually fits the crime as opposed to a politician’s reelection agenda,” she wrote in a September op-ed for CNN.

This is a positive step from an administration that has been all talk on drug policy. While it is unknown if Gupta supports legalization, even just moving towards an approach of decriminalization, eliminating mandatory minimums, and reining in police militarization and the asset forfeiture program would be a very big positive step for civil liberties.

There has been one positive to the Eric Holder Justice Department, which is that the Holder Justice Department has been relentless in launching civil rights investigations in response to police brutality committed by local law enforcement. Gupta’s record and previous writings show that she would be as aggressive in this role as her predecessor, which is a very good thing.

All in all, this is a very good appointment by the Obama Administration that should be praised by anyone concerned with civil liberties.

I’m one of the original co-founders of The Liberty Papers all the way back in 2005. Since then, I wound up doing this blogging thing professionally. Now I’m running the site now. You can find my other work at The Hayride.com and Rare. You can also find me over at the R Street Institute.

Performance Enhancing? Nope… normalizing… But don’t try to tell the DEA that

There’s a funny thing about my life… I’m not sure if this is comic, tragic, ironic or what…

I spent more than 10 years as a serious competitive powerlifter, football player, wrestler, and martial artist, and another few years as a just a hobbyist.

In that entire time, I never did a single “performance enhancing drug”… Never even tempted to do so.

Now I’m a broken down, fat, middle aged cripple… who the DEA looks at like I’m a drug dealer or abuser of “performance enhancing substances”… just to keep from getting fatter, more broken down, and more crippled.

I’m 8 years into the frank symptoms of chronic illness (which turned out to be a weird and rare kind of endocrine cancer, that almost killed me, and basically destroyed my endocrine system. I have been cancer free for almost 2 years now), and  I am now on damn near the exact combination of drugs that “juicers” would traditionally use for such things.

I take more testosterone every week than most steroid abusers would even think of… and I don’t cycle it, I take it constantly, deep muscle injection every week.

I take an aromatase inhibitor to keep all that testosterone from converting to estrogens and testosterone antagonists (and giving me all the nasty side effects that not cycling off testosterone injections give you). We’re experimenting with that one right now, but we may end up adding an estrogen/estradiol antagonist to the mix on top of the aromatase inhibitor.

By the by… those drugs are normally what they give to breast cancer and ovarian cancer patients. They actually say in the interaction warnings “do not take if you are a man”… unless of course you’re a man whose body is producing too much estrogen, or converting too much testosterone into estrogens and testosterone antagonists, and blocking his ability to produce and use testosterone properly. If you’re not one of those men, it dramatically increases the effect of testosterone (and other steroid hormones) on your body.

I’m on enough primary thyroid hormone to quite literally kill a normal person… in fact, not just “enough”, the amount I take is several times the lethal dosage. It’s still may not be enough for me. The doc just increased it today, and will probably increase it again in 6-12 weeks when we sort out the effects of the new meds. Sometimes athletes abuse thyroid hormones for weight loss, increased energy, and to boost other performance enhancing hormones naturally.

For allergies, and for inflammation pursuant to the endocrine issues, I take two different other steroidal medications (a glucocorticoid and a mineralcorticoid), which act as bronchodilators and anti-inflammatories.

To deal with some of the unfun and nasty side effects and after effects of the cancer (to improve metabolic function, energy, mental acuity etc…) I’m also taking enough creatine to put a normal person into kidney failure… For me, it actually makes my kidneys work better.

Because of the aftereffects of the cancer, the endocrine issues, and the side effects of the medications, I’m on megadoses of vitamins and minerals. I mean MEGADOSES.

Between all of those, my growth hormone production and DHEA production should be elevated through the roof… as if I was taking illegal supplementation of HGH. It’s not… because my endocrine system is so screwed up.

For my edema (another lovely endocrine side effect, which can be made worse by my meds), I take more diuretics than the most abusive wrestler, gymnast, or bodybuilder. I’ve lost 24lbs in 24 hours, and 48lbs in 7 days just from the pills.

For musculoskeletal pain and systemic inflammation, I’m on more and stronger anti-inflammatories than any athlete rehabbing after a major injury (I take 1000mg of etodolac twice a day). I also get periodic shots of antiinflammatory medications directly into my knees.

Those let me get out of bed and walk. Without them… I just don’t.

Between my normal blood chemistry, the damage the cancer did, and the side effects of medications, I’ve got polycythemia, and I’m a hyperclotter. I’m basically naturally blood doping.

To counter the aftereffects of the cancer and make the other meds work better (adrenal and pituitary support), I’m on enough stimulant medication (which is also a bronchodilator) to make the DEA look funny at my doctor… until he explains all of the above.

In fact, the DEA looks funny at several of the drugs I’m taking above. My doctors have had to explain to my pharmacists, and both have had to explain to the DEA… no, I’m not a drug dealer or abuser, I’m not a steroid abusing weight lifter… I’m just a guy who needs this stuff to live.

I should be taking actual pain killers too… I’ve got enough musculoskeletal  damage, neurological damage, and inflammation, that my baseline background pain is pretty substantial.

For those familiar with pain management, I live at about a 3-4 most days, with breakthrough to a 7 on good days, and 6 or 7 with breakthrough to 9 or 10 bad days.

That’s with the meds. Without… there are no good days. There’s just days I can get out of bed, and days I can’t.

I simply refuse to take painkillers. They don’t do a damn thing for me unless I take horse tranquilizer doses, and then they knock me out cold… or worse, leave me sami conscious and barely awake, but unable to think, or concentrate, or really actually sleep. Beside, I don’t like the other side effects.

I’ve learned just to live with the pain, and take what pain reduction I can get with my other medications.

And by the way… this is a MASSIVE REDUCTION of the stuff I used to be taking, during the cancer. My primary care physician and my endocrinologist are both alternative and integrative medicine believers who hate drugs, and only prescribe the absolute minimum necessary.

I’m not overmedicated… if I go off of any of them, or all of them, nothing gets better and it all gets worse. We’ve done differential testing, going off one at a time and seeing the impact then going back on, then varying dosages… I’m definitely not overmedicated.

If anything, there are some other medications that might help me more. We’re very slowly adding things in one at a time, so we can test and measure and adjust.

This isn’t overmedication…

This is what happens, when your endocrine system completely loses the ability to regulate itself. It’s trying to regulate through medication, what the body normally regulates naturally.

It’s what I need to live, and be functional.

The worst thing is though… because of DEA actions, regulations, guidelines, and investigations… Several of my medications, that I need to live, and be productive, and actually be ME?

They’re constantly short of them, or out of them entirely. Sometimes it’s every pharmacy within 30 miles.

They don’t stock them, they don’t stock the dosages I need, or they don’t stock enough to fill my scrips for a month.

I have to get hand written, signed scrips every month, I can’t get refills, and I can’t get more than a 30 days supply at once. If I’m caught with more than a 30 days supply, I can be charged with unlawful possession, and possession with intent to distribute.

I have to hand carry those scrips to the pharmacies, only for them to tell me that it might be a week, maybe two weeks, before they can fill the scrip; because the DEA production quota for that quarter had been exceeded, or the distributors orders were above the DEAs suspect threshold, or because they had sold out of all they could order for that month without the DEA investigating them, or because one scrip of mine was more than the DEA told that pharmacy they could keep in storage.

We won’t even get into what the drugs themselves cost, or what they would cost without the regulatory and compliance burden to deal with these issues.

…And god help me if I actually took the painkillers I should be taking.

All this… because the medications that I need to live and function… are sometimes abused by other people to “enhance their performance”.

… and somehow, some people still seem to think that the “drug war” is helping?

I am a cynically romantic optimistic pessimist. I am neither liberal, nor conservative. I am a (somewhat disgruntled) muscular minarchist… something like a constructive anarchist.

Basically what that means, is that I believe, all things being equal, responsible adults should be able to do whatever the hell they want to do, so long as nobody’s getting hurt, who isn’t paying extra

One Out of 25 Prisoners on Death Row is Innocent

Benjamin Franklin once argued: “It is better 100 guilty persons should escape than that one innocent person should suffer.” The purpose of courts as drafted in the Constitution was to minimize the occurrences innocent people from “suffering” via an adversarial system in which the accused is considered innocent until proven guilty to a jury of his or her peers.

Regardless of these lofty goals, the question must be asked: how well has this system worked?

If the standard is that of Franklin’s (i.e. less than 1%), then the idea that a rate of 1 in 25 death row convicts are likely innocent is clearly unacceptable. According to a study by the National Academy of Sciences, to the best the researchers were able to determine, this about what the rate is.

Pete Yost for the Associated Press reports:

From 1973 to 2004, 1.6 percent of those sentenced to death in the U.S. — 138 prisoners — were exonerated and released because of innocence.

But the great majority of innocent people who are sentenced to death are never identified and freed, says professor Samuel Gross of the University of Michigan Law School, the study’s lead author.

The difficulty in identifying innocent inmates stems from the fact that more than 60 percent of prisoners in death penalty cases ultimately are removed from death row and resentenced to life imprisonment. Once that happens, their cases no longer receive the exhaustive reviews that the legal system provides for those on death row.
[…]
Because of various assumptions, it might be best to use the margin of error in the study and say the innocence rate is probably between 2.8 percent and 5.2 percent, said University of South Carolina statistics professor John Grego, who wasn’t part of the study.
[…]
“The high rate of exoneration among death-sentenced defendants appears to be driven by the threat of execution,” says the study. “But most death-sentenced defendants are removed from death row and resentenced to life imprisonment, after which the likelihood of exoneration drops sharply.” The study estimates that if all defendants sentenced to death remained in that status, “at least 4.1 percent would be exonerated. We conclude that this is a conservative estimate of the proportion of false conviction among death sentences in the United States.”

I have to say that, even as a fierce opponent of the death penalty, I would have never guessed the number of innocent individuals on death row to be this high. I was horrified by the notion that 1 in 100 or even 1 in 1,000 such individuals could be killed by the state, but 1 in 25?

This brings me to my question for those who support state sanctioned killing: is this an acceptable error rate to you? How many innocent people are we willing to sacrifice in order to kill the most heinous of individuals? Based on this study, the current policy is that we are apparently at peace with the idea of killing 4 innocent people to kill 96 guilty.

This is a price that a free and just country should be unwilling to pay.

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