Category Archives: Government Incompetence

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.

Facts Are Stubborn Things, Mr. Reid

Every individual who has told the press that they have had a bad experience with ObamaCare is either lying or are too stupid to know how to use the Internet. This is the latest line by Senate Majority Leader Harry Reid (D-NV), anyway. Perhaps it’s these kinds of accusations that gave one Colorado woman the presence of mind to record her phone call with the “Connect for Health Colorado” navigator due to her own problems with the website.

Rebecca Ryan of Fort Collins has a preexisting condition but until recently, she was covered by a different government healthcare plan called “Cover Colorado.” The reason for changing her plan? As it turns Cover Colorado did not meet the requirements of ObamaCare and some 14,000 plans were canceled as a result. Rebecca liked her healthcare plan but wasn’t able to keep it. Sen. Reid wants Americans to believe Rebecca is lying about this “horror story” but this is only the beginning of Rebecca’s experience so far with ObamaCare.

As it turned out, Rebecca could save $15 a month with the new plan with one little caveat: she would lose her doctor whom she has received care from for the last 9 years. If, however; Rebecca wants to keep seeing this doctor she can do so if she is willing to pay an additional $140 a month:

Rebecca: So, the lowest monthly premium is, um, way higher than I was paying before and I thought this was supposed to be lower.

Rep: Now this could be way higher if it’s a doctor, if you have a doctor that’s (??) in there. So, often, if you have a doctor that you work with, you can be picking plans that are higher, if that doctor is a more specialized doctor.

Rebecca: She’s just a general family doctor. She’s not specialized.

A few minutes later, Rebecca was looking for dental coverage but was having some trouble with the website. The navigator explained that she needed to remove the filters Rebecca had in place for her doctor (stupid citizen!):

Rebecca: Do I have to go through the whole filter thing again?

Rep: Is your doctor listed when you hit ‘Find a Dental Plan’?

Rebecca: I don’t know why she would be. She’s not a dentist.

Rep: But she was put in as a provider? (pause)

Rebecca: Ok, my hospital was listed too, so I removed them both [as search filters]. However, what if I want to keep her? I’ve been with her a long time, and I don’t want a different doctor.

Rep: If you want to keep her then you’re looking to pay the 515 dollars a month.

Rebecca: So they’re going to penalize me because I want to keep my doctor?

Rep: Yes.

There you have it Mr. Reid. One individual whose experience is that 1. she lost the healthcare plan she liked, 2. can keep her doctor if she wants to pay a higher price, and 3. had some difficulty with the website (I’ll leave it to the readers and you to decide if its the fault of Rebecca or the website).

And lest you believe, Mr. Reid; that Rebecca, the original reporter on this story, or I have taken this call out of context, please feel free to listen to the entire 24 minute conversation in the player below.

You see Mr. Reid, no amount of smearing of the groups which oppose ObamaCare, no amount of calling people liars, and no amount of repeating “billionaire Koch brothers” can change the objective fact that some people are now worse off than before ObamaCare. Perhaps many others will also record these phone calls to expose your lies. I’m quite confident that Rebecca Ryan of Fort Collins, Colorado is but one person being hurt by this boondoggle.

LAPD Officers Fire Shots at Innocent People; Taxpayers Punished

Remember the LAPD shooting incident that occurred during their manhunt for Christopher Dorner just over one year ago? The one in which eight LAPD officers fired 103 shots into a vehicle that kinda sorta looked like the one Dorner was believed to be driving but turned out to be two women delivering newspapers without making any threatening moves to justify using deadly force whatsoever?

Though fortunately, both women survived, these eight cops would surely be charged criminally or at the very least never be allowed to work for law enforcement ever again…right? Maybe, maybe not (I have read conflicting reports). Some may be terminated while others may be retrained.

But the very idea that these cops should ever be allowed to have a concealed carry weapons permit (CCW) let alone patrol the streets as police officers is absurd and irresponsible. As outrageous as this determination is, there was actually an effort to clear the officers of any wrongdoing (These cops were dealing with a very stressful situation, after all). Thankfully, Chief Charlie Beck told the Police Commission that the officers should be found in violation of LAPD policy (I should hope this would violate LAPD policy!) at the very least.

The victims of this shooting/attempted murder will be compensated at the tune of $4.2 million plus an additional $40,000 to replace the vehicle at taxpayer expense. Certainly this is the very least the City of Los Angeles could do.

Any time one of these events happen, I can’t help but wonder, what would happen to a normal person who behaved this way? What would be the reaction if eight individuals sans the government issued costumes fired shots into a vehicle because they were feeling threatened by someone and resulted in the exact same outcome?

I think it is very safe to say that all eight would be doing hard time at San Quentin and would be paying damages to the women with their own money. It’s also safe to say that none of the 8 would ever be allowed to own a firearm in the future or allowed to vote if they lived long enough to get out of prison.

And rightfully so.

The government issued costumes should not protect individuals from an irresponsible, criminal act such as this. But unless and until we hold local governments and local law enforcement accountable, these criminal acts will continue and we will continue to foot the bill.

BOOK REVIEW: The United States of Paranoia

Conspiracy theories are only believed by people on the fringe of American politics? Not so says Reason’s Jesse Walker in his latest book: The United States of Paranoia: A Conspiracy Theory. Walker argues quite the opposite in his opening chapter: “The Paranoid Style is American Politics”:

By the time this book is over, I should hope it will be clear that when I say virtually everyone is capable of paranoid thinking, I really do mean virtually everyone, including you, me, and the founding fathers. As the sixties scare about the radical Right demonstrates, it is even possible to be paranoid about paranoids. (p. 24)

For those who are hoping that this is another book in which the author’s goal is to prove or disprove any particular conspiracy theory, Walker makes is clear that this is not what this book is about (for the most part). He also makes a point to acknowledge that some conspiracies have been proven true (ex: Watergate among these, see Chapter 7 for more examples), “At the very moment you are reading this, someone somewhere is probably trying to bribe a politician. The world is filled with plots both petty and grand…” (p.21). Instead telling the reader what to believe, Walker tells a history about what people have believed on this continent from colonial times to now and how these beliefs have shaped the political debate and very the culture itself.

Among the earliest examples of American conspiracies shaping politics and culture resulted in the infamous Salem Witch Trials of the late 1600’s. According to the belief at the time, witches conspired together and with the Devil to bring evil to the land. Disease and other misfortunes the colonists suffered were believed to be the direct result of these alleged Satanic rituals. Men and women were accused, tried, and executed with little or no evidence. The legacy of Salem continues today. When some public official is accused with wrongdoing, credibly or not, the accused and his or her defenders inevitably will call the proceedings a “witch hunt.”

Soon after the colonies won their independence from Great Britain and became the United States of America, the citizenry turned its distrust of power inward. Who could be trusted to lead this new nation and how could the people keep another tyrant or a cabal of tyrants from taking control? As it turns out, many of these fears were quite legitimate. Not everyone was satisfied with the Articles of Confederation. There were actual conspiracies afoot to overthrow existing system under the AOC in which the several states had most of the power while the national government had little. An attempted military coup called the “Newburgh Conspiracy” was stopped when George Washington convinced his fellow soldiers that overthrowing the government by force was not the right way to go about changing the political system.

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As Painful As Possible, For As Many As Possible

I haven’t blogged about the shutdown, because, well, I haven’t blogged much about anything. Mea culpa.

I haven’t had time because I’m, quite frankly, not personally or professionally affected. Warren Meyer of Coyote Blog, however, is very personally AND professionally affected. Warren operates private concession operations that handle all on-site activities at parks, with a good portion of his business based upon federal parks.

These parks use no federal employees. They don’t require any federal dollars to operate. In fact, they pay rent to the federal government as part of the terms of their lease. So of all things, you’d think that the Feds would want them to remain open. In fact, in all previous shutdowns (including 1995 & 1996), they have remained open.

Not this time. They’ve been ordered to close.

I can’t do justice to all the coverage that already exists for this. While I assume many of my readers are also daily readers at Coyote Blog (and Popehat), I can’t be sure.

All of Warren’s post on this topic can be found here. Check them out, please. You will not be disappointed.

As it pertains to the shutdown, I have little patience for the Republicans here. The Republicans are playing a gambit they can’t win. The Dems are NOT going to defund or delay Obamacare. This is stupid on strategic and tactical levels. You can’t win and you’re going to damage your brand in the process. WTF are you thinking?!

But what I see from the Obama administration is wrong on many more levels. It seems that the administration’s tactic here is to screw as many people as possible, to make this as painful as possible, and then hope the blame rests only on the Republicans for what the administration has done. There is no reason to close these privately-operated parks. There’s no reason to throw people out of their homes because they rest on federal land. There’s no reason to close open-air memorials that don’t require human workers to operate. While I’m not sympathetic to Republican partisans, I have to say that naming the barriers that closed the World War II memorial “Barrycades” is quite smart.

I’m still filled with nothing but disgust for everyone in Washington. Both sides are angling for a “win”. I want to see both sides lose, dammit!

Unfortunately, I know that in Nov. 2014, lawmakers from both parties will probably enjoy >90% re-election rates. And people wonder why I say that democracy doesn’t work?

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