Category Archives: Human Rights

Third Police Officer Sentenced in Kathryn Johnston Case

(WSB Radio) A Fulton county judge came down hard on Atlanta police officer Arthur Tesler, giving him near the maximum for his role in the killing of Kathryn Johnston.

Judge Michael Johnson sentenced Tesler to 4 1/2 years in prison for lying to investigators. Tesler was part of the cover up of the botched drug raid at Johnston’s Neal Street home in November 2006.
The judge also sentenced Tesler to six months probation and ordered him to serve 450 hours of community service.

Atlanta police used a “no knock” warrant to raid the home of Johnston two days before Thanksgiving in 2006. During the raid the 92 year old woman was shot and killed by police.
Two other officers who were involved in the raid pleaded guilty to manslaughter charges and are serving time in prison.

Tesler, 42, was convicted Tuesday of making false statements.

One of the morals of this very tragic story is that just because a person has sworn an oath to “serve and protect” does not mean he or she will serve and protect the citizens of the community. All too often, the people who individuals like Officer Tesler serve and protect their fellow officers when they do wrong (in this case by lying to investigators and planting evidence)

Please understand that I’m not trying to paint all law enforcement officers with a broad brush. Most truly do serve the community honorably. I’m only trying to expose this fallacy that if a case is determined based on the sworn testimony of a suspect vs. the sworn testimony of a police officer that jurors ought to give the police officer’s testimony more weight. Jurors should always base their decisions on who they believe to be telling the truth as individuals as opposed their chosen professions*.
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Hey, At Least They’re Honest!

I found this little gem on reason.tv. On April 16, 2008 a group called Ad Hoc National Network to Stop Evictions and Foreclosures held a protest in Washington D.C.

What were they protesting? As the name of the organization suggests, Ad Hoc was advocating a freeze on all evictions in the U.S. Many of the Ad Hoc supporters wanted to go well beyond this, however. Some called for cancelling of all student loan debt, others called for “free” electricity, “free” healthcare, and “free” education. Still others ranted and raved about every real and imagined sin of the U.S. government (I half expected to see Rev. Wright in the video somewhere).

But don’t bother labeling these people as Marxists or Socialists; at least a few of the protesters who were interviewed readily embraced these philosophies and described themselves as such.

Why is this important? Isn’t this just a small group of extremists?

I wish that were the case. While most people we run into in our daily lives don’t call themselves Marxists or Socialists (they are probably clueless about these philosophies), many of them are calling for some of these very things. Supporters of Barack Obama, Hillary Clinton, Ralph Nader (who’s policy proposals are unsafe at any speed), and Mike Gravel (the faux libertarian) each support the Ad Hoc agenda, at least to some extent because their candidates support this agenda to some extent.

John McCain isn’t exactly someone who comes to my mind as a staunch defender of Capitalism either. McCain embraces this so-called “national greatness” philosophy where the individual should be willing to sacrifice himself for the “common good” of the country. McCain also criticized the Bush tax cuts as a tax cut for the rich* and pointed out that Mitt Romney’s background in business “chasing profits” was not as honorable as his lifetime service to his country.

One thing I can say about the Ad Hoc people, as insanely naïve as they are; at least they are honest about who they are. The same cannot be said about the top three candidates running for president.

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Menino’s Homeopathic Solution to Gun Violence

This week Boston’s Mayor Menino testified before the Congressional Task Force on Illegal Guns. He had this to say:

We share a common disdain for what we have seen happen in our cities, to our residents and to our police officers as a result of illegal guns. So, we signed a statement of principles and agreed to work together to take illegal guns out of our cities.

….

Fighting crime is a top priority for all mayors – and fighting crime means fighting illegal guns. The stakes could not be higher. Fatal shootings of police officers increased 33 percent last year. I know that every mayor in this country will do whatever it takes to protect the men and women who put their lives on the line to keep our cities safe.

So now, the voices of mayors are echoed by elected leaders and law enforcement officials from every part of America – and we’re making progress. Our numbers are growing, our mission could not be more timely and our message couldn’t be more clear: We need to stem the flow of illegal guns in our cities now.
Together, we will continue to work for common sense measures to fight illegal gun trafficking

His testimony was awfully short on the specifics on what problems “illegal guns” pose, other than claiming that they are behind an increase in shootings of police officers. Instead he lovingly details the growing number of government officials who are in favor of making the population increasingly dependent on them for protection.

In fact, the main complaint contained within his testimony seems to be that the work of the police is made more difficult by the prevalence of black marketeers importing guns illegally from areas where they can be legally manufactured and sold to ones where they cannot be legally imported and sold. But, his conclusions, that a Fugitive-Slave-Law style crackdown by the federal Government would somehow make the city of Boston safer is unbelievably wrong headed.

Assumption 1: A police monopoly on guns will make people safer:

This is, of course ridiculous. The police can take minutes or hours to respond to an attack in progress. The police are also under no legal obligation to respond at all. Restricting the supply of firearms makes defense of property increasingly expensive. While the wealthy can afford to hire security guards licensed by the state, or can convince political leaders to assign them special police details, those who are too poor, or lack political connections are left increasingly vulnerable.

Assumption 2: A reduction in the availability of guns will make criminals significantly less dangerous:

This is, again, ridiculous. The bank robbers who unsuccessfully attempted to rob a bank in California using AK-47’s are very rare exceptions to the rule that most crimes can be as easily committed with a knife as with a gun. A criminal carrying out an attack has the initiative; he chooses when and where he attacks and who his victim is. He is quite capable of altering his plans should the tools he has to work with be limited only to knives or base-ball bats. The ban makes the criminal more dangerous; firearms historically have favored defenders over attackers. There is a great deal of truth behind the saying God may have created men equal, but it was Samuel Colt who made ’em equal.

Assumption 3: A meaningful reduction in the availability of guns is even possible:

Total bans on any good in wide demand, such as alcohol or cocaine or salt will result in smuggling. Nothing save setting up checkpoints on every road into Massachusetts and searching every car carefully will keep guns from flowing into the state. Unlike cocaine or whiskey, a gun gives off no chemical traces of its presence. Tape it to the underside of a car, and you can get it through any checkpoint.

Furthermore, any clever person can build simple yet effective weapons given a rudimentary machine shop. Even if a total ban on imports was possible, the measures required to prevent machine shops from producing firearms in quantities sufficient for a crime wave would be unenforceable.

Mayor Menino cited a figure of ~<500 illegal guns being associated by police with various crimes. 7 smuggling rings, smuggling in 15 guns a month each could easily supply this sort of demand. Hell 20 machine shops could easily make 10 guns a month to produce over 2000 guns a year if need be.

Nor will Mayor Menino ever be able to get rid of gun manufacture all-together. The demand for legal guns for his police force is sufficient to ensure that factories will be churning out a large quantity of fire-arms. Some of these will be diverted into the black market as surely as nuclear missile guidance systems ending up in Taiwan.

“What is not seen”

Mayor Menino does not want to outlaw guns. Rather what he wants to do is outlaw anyone but the police from having them. He views the guns as making violence in the city worse and as a hazard to the police. But by focusing on the firearms he is avoiding the questions he really should be asking:

Why are people resolving disputes by shooting at each other? Why are the police being threatened?

The answer to these questions is not a pleasant one to the politicians of Boston or Massachusetts, so they avoid asking them.

The short answer is that by writing and enforcing draconian economic and moral laws such as onerous labor laws, blue laws and drug laws, the politicians of Massachusetts are making it difficult for people to live their lives legally. The police are not seen as benefactors but as yet another street gang preying on the weak. The lack of legal business opportunities drive people to seek illegal occupations. While some of these illegal occupations are honorable (drug dealing, prostitution), many are dishonorable (burglary, mugging).

When people view the police as an enemy, and the courts as a predatory system, they naturally ignore them for resolving disputes. When business ventures are illegal, the participants are much more likely to settle disputes violently than via a system of arbitration.

What Mayor Menino seeks to do is to isolate the people of Boston from alternatives to dealing with the police. In effect he is behaving like an abusive boy-friend who tries to isolate his girlfriend from other people. Rather than improving the relationship between the citizenry and the government, these attempts will only increase the gulf between them. Any crackdown on the illegal gun trade will inevitably harm innocent people who are either in the wrong place at the wrong time, or who are deprived of a means to defend themselves. It will empower criminals to more brazen acts of thievery and mayhem. It will, in effect worsen most of the engines that drive criminality.

Until he recognizes that the political policies he and his circle support which are the root cause of the violence directed by the people subject to his rule towards each other and towards the police, nothing good will come of his advocacy and his actions.

It is time for the political classes of Massachusetts to stop treating the citizenry as children at best and as beasts to be exploited at worst. If they were serious about reducing the level of violence and the misery in Boston they would stop wasting time on trying to shore up a monopoly on defensive services on behalf of the police, give up their expensive hoplohobia-mongering propaganda campaigns, and would instead focus their attention to eliminating the laws purposed for economic and social engineering.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.

Death Row Appeal Denied Despite Recanted Testimony of 7 Witnesses

ATLANTA (AP) The Georgia Supreme Court denied a new trial Monday for a death row inmate convicted of killing a Savannah police officer in 1989, even though several witnesses against him recanted their testimony.

Troy Davis, 39, was a day away from being put to death last July for the fatal shooting of 27-year-old Officer Mark MacPhail when the state Board of Pardons and Paroles issued a stay of execution.

MacPhail was shot twice after he rushed to help a homeless man who had been assaulted.

Davis appealed to the state Supreme Court, which ruled Monday in a 4-3 decision that a lower court did not err in refusing to grant Davis a new trial.

Writing for the majority, Justice Harold Melton said that the high court considered the core question of whether a jury presented with Davis’ allegedly new testimony would probably find him not guilty or give him a sentence other than death.

“Most of the witnesses to the crime who have allegedly recanted have merely stated that they now do not feel able to identify the shooter,” Melton wrote.

He added that one of the witness affidavits “might actually be read so as to confirm trial testimony that Davis was the shooter.”

“We simply cannot disregard the jury’s verdict in this case,” Melton wrote.

[…]

Davis’ lawyers say seven witnesses have recanted or contradicted their testimony that they saw Davis shoot the officer, saw him assault the homeless man or heard Davis confess to the slaying.

Three people who did not testify at trial have said in affidavits that another man, Sylvester Coles, confessed to killing the officer after Davis was convicted. After the shooting, Coles identified Davis as the killer.

This case is an example of why I have a problem with the death penalty. I have seen government on every level make too many mistakes for me to continue to hold the view that the government is competent enough to execute someone convicted of a death row offense. If a person serving a life sentence is wrongfully convicted but is later determined to be not guilty of the crime, at least the wrongfully convicted person can be set free. A person wrongfully executed cannot be resurrected.

Did Troy Davis kill Officer Mark MacPhail in 1989? I have no idea; this is the first I’ve heard of the case. I do, however, have a problem with the idea that 7 witnesses could recant their testimonies and a court could decide that such a development would not warrant a new trial. Justice Harold Melton says he believes that the witness affidavits “might” still identify Davis as the shooter.

Might?

This statement in itself is very chilling. Why guess what the new evidence might say; why not allow a new jury determine if Davis was the shooter based on the remaining forensic and circumstantial evidence? If the prosecution has a strong enough case they will not need the unreliable testimony.

Which leads me to another point: eyewitness testimony has been shown to be extremely unreliable. The Innocence Project has states the following regarding eyewitness misidentification:

Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in more than 75% of convictions overturned through DNA testing.

While eyewitness testimony can be persuasive evidence before a judge or jury, 30 years of strong social science research has proven that eyewitness identification is often unreliable. Research shows that the human mind is not like a tape recorder; we neither record events exactly as we see them, nor recall them like a tape that has been rewound. Instead, witness memory is like any other evidence at a crime scene; it must be preserved carefully and retrieved methodically, or it can be contaminated.

Think about it: have you ever witnessed a crime? I have. One night, I saw several young Hispanic males breaking into a vehicle in the parking lot of the apartment complex I was living in at the time. I got a very good look at the face of one of the criminals because he spotted me in my pickup. The man walked right up to my window, looked directly in my eyes, put his finger to his lips to tell me to keep quiet, and then left (I nodded “yes” because I knew I was outnumbered and didn’t know if any of them had weapons; this was a very frightening experience). Even though I got a very good look at one of them, I could not confidently pick this individual out of a lineup even if the lineup was an hour or so after the fact. No matter how hard I tried, I could not remember exactly what he looked like. I could offer a description of the man but I would not be able to make a positive I.D.

This experience forever changed what I thought about eyewitnesses. Most eyewitnesses are probably very certain they have identified the right person but are mistaken. If the prosecution’s case hinges solely on eyewitness testimony of complete strangers, the man should be set free. Unfortunately, it seems that the Georgia Supreme Court has forgotten that the burden of proof is on the state; not the other way around.

When is Armed Rebellion Appropriate?

Treason doth never prosper: what’s the reason? For if it prosper, none dare call it treason.

Ovid

One interesting question within political theory is the question of when armed rebellion against a government is justified. Most people that tackle this subject try to find some set of moral lines that a government must cross before it becomes illegitimate and thus armed rebellion becomes morally OK.

Being an anarchist I take a different tack. To me, since there is no such thing as a legitimate government and any organization that steals or commits acts of aggression against innocent people is behaving immorally, the question is one more of practicality than morality. The tax-man is another thief come to pick my pocket, and may morally be repelled with the same degree of violence directed toward any other thief. However, such violence may be unwise.

Victorious warriors win first and then go to war, while defeated warriors go to war first and then seek to win.

Sun-tzu – The Art of War

Anti-anarchist Political CartoonIn the late 19th century, as anarchism was coming into full flower, a significant faction of anarchists came to the conclusion that any government official, just like any extortionist or serial thief, could be attacked and even killed. They even encouraged such assassinations, reasoning that if government officials faced a high likelihood of death, they would quit their jobs, replacements would be hard to find and that the state would become paralyzed. They assassinated presidents and policemen, nobles and commoners. The “bomb throwing” anarchist had a major influence on history in the late 19th and early 20th centuries.

Far from weakening the state, their attacks strengthened it. Why? Because they did not consider the effect of their attacks on society as a whole. The vast majority of people didn’t think President McKinley was a gangster who needed killing. Rather they were horrified by the nihilistic abandon of the anarchists and terrified that such violence would be visited upon them. Rather than seeing the assassins’ targets as villains, the vast majority of people saw them as victims and the laws proposed to check the depredations of these anarchists were greeted with wide popular support.

The Palmer crackdowns of World War I, the laws suppressing political speech opposed to the war and government’s assumption of control over the economy were all justified as being necessary tools for government to protect the citizenry against the ‘anarchist threat’.

If fate means you to lose, give him a good fight anyhow.

William McFee

Soldier Shoots MotherOf course, just because a rebellion is doomed to failure does not mean that it should not be attempted. Take the brave Poles who fought heroically against the Germans in the Warsaw Ghetto. They had no chance of succeeding; the Germans had more artillery pieces than the Poles had bullets, yet with the exception of a handful of people like Mahatma Ghandi, most human beings would consider their rebellion and fight to the death to be honorable and praiseworthy.

So where do we draw the line? Why was President McKinley’s assassin wrong and Adolf Hitler’s would-be assassin right? Remember, the U.S. Army was happily slaughtering Philipinos and committing atrocities against civilian populations during the McKinley administration.

Photo of race riotTo me, the criterion that establishes the appropriateness of armed rebellion is the question of what impact the rebellion will have on society as a whole. Armed rebellion is rarely a good idea because it is very destructive to civil society. The violence expands as innocent people are harmed. People are forced to choose sides and choose reactively – driven to pick a side out of revenge or fear. Neighbor turns against neighbor, brother against brother, and the wounds of war are not easily healed. Often the victors establish a new more oppressive government to suppress their enemies than the one that was overthrown.

If we wish to live in a free society, then we must choose the actions that help bring about a free society. A free society is only possible when a preponderance of the people choose freedom, choosing not only to live peaceably with their fellows, but to leap to their neighbors’ defense when their neighbors are threatened. A free society is only possible if, when someone like Ron Reiner proposes to force people to send their children to his indoctrination centers and to force 1% of the population to pay for this operation, the idea is greeted with widespread derision and rejected out of hand. It means that people choose to respect their neighbors and they resist the impulse to loot their neighbors.

War is not its own end, except in some catastrophic slide into absolute damnation. It’s peace that’s wanted. Some better peace than the one you started with.

Lois McMaster Bujold, The Vor Game

Therefore, to muster an effective resistance, a person must choose a set of actions that help bring about a more peaceful society. Grabbing a rifle and shooting at those who oppress us as Carl Drega purported to do, no matter how tempting, is ultimately futile and counterproductive. Not only does it not attract people to one’s cause, but it provides the government with a opportunity to send out very persuasive propaganda to the effect that those who oppose the government are a menace to their neighbors and that the draconian measures that government officials take are needed to protect the citizenry from these dangerous non-conformists.

But we must also stand up against those who say that somehow this is all right, this is somehow a political act — people who say, I love my country, but I hate my government. These people, who do they think they are saying that their government has stamped out human freedom?

U.S. President Bill Clinton, Remarks at Emily’s List Event, May 1 1995

 

To create a free society, we must persuade our neighbors to seek freedom. We must persuade them to adopt our aims as their own. This is done through speech and writing, by setting a public example through acts of civil disobedience. Examples of these forms of resistance includes such steps as

  • Videotaping police operations and publishing them on youtube.
  • Inventing new technologies that make bad laws impossible to enforce.
  • Befriending law enforcement officers and persuading them to question the bad laws they enforce.
  • Organizing mass movements that publicize the pro-freedom cause.
  • Flouting unjust laws in a manner that elicits public contempt for them.


The Revolution was effected before the War commenced. The Revolution was in the minds and hearts of the people; a change in their religious sentiments of their duties and obligations. This radical change in the principles, opinions, sentiments, and affections of the people, was the real American Revolution.

John Adams

What is needed is a propaganda war, and these are the tools of the effective propagandist. Most people do have a rudimentary emotional sense of justice and the most effective forms of resistance are ones that evoke it. The goal is to have everyone, including government officials, rally to one’s cause.

Is violence never appropriate? Hardly. Violence is appropriate when both of the following conditions are met:

  1. Child killed in the bombing of the Alfred Murrah Federal BuildingThe violence must be proportionate to the aggression being resisted. The violence cannot be overly destructive or murderous. It must rather be at the minimum level to end whatever aggression one is defending against. Should the aggressor end his aggression and withdraw, the violence must end. This latter point is very important, since the only way a peaceful and freer society is going to happen is if the rebellion ends with the survivors willing to live peaceably with each other. And, of course, the violence cannot be aimed at innocent individuals. The picture to the right is not ‘collateral damage’ – it is murder!
  2. The violence will not make things worse. This requires that one of the following two conditions are met,
    1. The majority, or a sizeable minority of the populace supports the rebels’ aims but refuses to act out of fear. In the early 1920’s, as the Bolsheviks sought to establish control over the Russian empire, the GRU prosecuted a terror campaign against the citizenry. At any time of day there could be a knock on the door, or an agent seizing hold of a victim on the street or in their workplace. The victims would be bundled off to be tortured and, all to frequently, shot without even the pretense of a show trial to justify their murder. One Russian writer who witnessed this reign of terror commented that had one in ten households met the GRU agents with clubs and knives, it would have stopped the organization in its tracks. The GRU counted on fear and its ability to prevent its victims from acting in concert to enable their murderous campaign.
    2. When one faces certain death like the Poles facing deportation to Treblinka. In this case one has absolutely nothing to lose.

But if those criteria are not met, then violent rebellion is probably counterproductive and should be avoided. In the vast majority of cases, these criteria are simply not met.

I am an anarcho-capitalist living just west of Boston Massachussetts. I am married, have two children, and am trying to start my own computer consulting company.
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