Category Archives: Human Rights

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.

Jewish Registration: Truth or Anti-Russian Propaganda?

It seems that the world is yet another step closer to World War III as reports have circulated the globe that Eastern Ukrainians loyal to Russia are now requiring Jews to register and pay a special tax. Even Secretary of State John Kerry has made pronouncements condemning these actions.

But what if this registration story isn’t true but merely anti-Russian propaganda?

According to The Times of Israel, the pro-Russian separatists are denying any such attempts to force Jews to register or pay a special tax:

Pro-Russian separatists from Donetsk in eastern Ukraine denied any involvement in the circulation of flyers calling on Jews to register with separatists and pay special taxes.

The flyers were official-looking documents that carried what was presented as Pushilin’s signature, but the news site tvrain.ru on Wednesday quoted Pushilin as denying any connection to the flyers, calling them a provocation.

[…]

On Tuesday, the news website novosti.dn.ua reported that the flyers were handed out that day by three unidentified men in balaclava masks carrying a flag of the Russian Federation.

According to the report, the men distributed the flyers next to a local synagogue. The website quoted unnamed sources from the local Jewish community as saying that the flyers were an attempt to provoke a conflict and blame the attack on the separatists.

Is this really what is going on, some sort of false flag operation on the part of those opposed to Russia so that the U.S. and others will take a harder line?

I think it’s very possible and even plausible. In war, propaganda is an important weapon and practically all governments and revolutionaries use it (you know, to win “hearts and minds” and discourage the enemy). The truth is that I don’t feel like I can trust anything news related coming out of that part of the world. Even though Putin is not necessarily a great person, and even though the Russian government is corrupt, does not necessarily mean that every piece of news that makes Russia or the Russian separatists look bad is true.

Hat Tip: Antiwar.com

The own goal of Okcupid

The ousting of Brendan Eich from his post as CEO of the Mozilla Foundation is seen by many as a blow against intolerance. It is in fact the opposite, and if gay rights groups expand such ‘outings’ as a tool to suppress opposition, they risk deepening the antagonism and resistance by people who view them as a threat to our culture.

Let us start by examining Eich.  Eich is a well regarded software developer, one of the numerous people whose brilliant inventions have made the Internet the powerful, revolutionary tool it is.  In 1995, he was hired by Netscape to produce a tool for an upcoming release.  Rather than producing the limited implementation that his bosses had envisioned, Eich invented a new scripting language, now known as Javascript.  Javascript allowed local browsers to execute code to control browser behavior.  It revolutionized the Internet; rather than browsing through static web pages served by an overworked server, it allowed a website to push logic such as form validation to a user’s computer, allowing web pages to become dynamic entities that interacted with a user.  Javascript continues to be actively developed and is used universally to this day. Anyone who spends more than a few hours on the Internet a week is almost certain to benefit from it, and thus is the beneficiary of Eich’s wonderful invention.

Given his nearly two decades of experience in maintaining and improving a critical piece of the Internet infrastructure, Eich was a logical choice to lead the Mozilla foundation.  The flagship product of this non-profit is the Firefox browser, which traces its lineage to the Netscape browser, and Eich had been one of the people who had shepherded the project as it grew like a phoenix from the ashes of a defunct company.

Now let us turn to the OKcupid complaint that was served to people using Firefox.

Mozilla’s new CEO, Brendan Eich, is an opponent of equal rights for gay couples. We would therefore prefer that our users not use Mozilla software to access OkCupid.

Politics is normally not the business of a website, and we all know there’s a lot more wrong with the world than misguided CEOs. So you might wonder why we’re asserting ourselves today. This is why: we’ve devoted the last ten years to bringing people—all people—together. If individuals like Mr. Eich had their way, then roughly 8% of the relationships we’ve worked so hard to bring about would be illegal. Equality for gay relationships is personally important to many of us here at OkCupid. But it’s professionally important to the entire company. OkCupid is for creating love. Those who seek to deny love and instead enforce misery, shame, and frustration are our enemies, and we wish them nothing but failure.

If you want to keep using Firefox, the link at the bottom will take you through to the site.

However, we urge you to consider different software for accessing OkCupid.

Now, let us be clear: the complaint against Eich had nothing to do with his job. Firefox was not an anti-gay software platform.  In fact, I doubt that it’s codebase contains any logic pertaining to sexual orientation.

The Mozzilla Foundation produces open source tools that allow people to publish informsation and communicate with each other via the Internet.  If anything the Mozilla Foundation has and will continue to help members of marginalized groups or groups that are discriminated against to connect with and support each other.

That wasn’t going to change with Eich at the helm.

So, OKCupid wasn’t upset at the way Eich was doing his job, they wanted to fire him because they hated that he had once supported a political movement they hated. They wanted nothing but failure for him.

But what was his crime?  The political movement he had given $1,000 to that lost in the courts.  Proposition 8 cratered.  Completely.  And with changing demographics, it will be decades before something like it has a chance of winning at the polls and being upheld by the courts.

In short what the senior officers of OKCupid were hoping to do was to intimidate the opponents of gay marriage into silence.  Rather than being gracious victors who foster peace, they wished to continue fighting.  And in doing so, they will only embolden their opponents in the culture war to fight harder.

Most of the opponents of gay marriage fear the cultural upheaval that would result from such a massive change to an institution that they see as the foundation of society.  The way to get them to accept the change is by showing them that the inclusion of homosexual relationships in the set of legally sanctioned unions will not destroy society, that their lives will continue, their communities prosper, and their children will be allowed to grow to realize their potential.

Attempting to destroy their livelihoods and drive them out of civil society will go against that goal.  Persecuting them will only harden their hearts against those who persecute them.   OK Cupid did not strike a blow for tolerance.  Rather, they flamed the fires of intolerance, and who knows what those flames will consume should those fires burn out of control.

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.

The Problem With Freedom…

Here’s the problem with supporting liberty and freedom… You have to support peoples liberty and freedom to be assholes and idiots.

I think discriminating against gays or blacks or anyone else for some arbitrary characteristic that doesn’t harm you is fucking idiotic, and proof that you are a total asshole.

However, I think you should be free to associate with, or exclude, anyone you want to from your private property, or private business.

Why?

Because that’s what freedom of conscience, and true property rights are.

The right to associate with those you wish, and not associate with those you do not, is inherent to freedom of conscience.

The right of exclusion IS one of the three fundamental rights of private property (the others being the rights to use and dispose of the property as you see fit, and the right to the outputs, proceeds, and benefits accrued on or by the property).

Arbitrary discrimination by private businesses is wrong, stupid, offensive, and just bad business.

But it shouldn’t be illegal.

Note: At least not for truly private businesses.

There is an argument to be made that public corporations, because of the legal protections they receive from the government, and their “public ownership” through equities; should not be allowed to discriminate. Some even argue that by obtaining a business license, a business can be prohibited from discrimination.

Unless such prohibition is written into the law for licensure of these businesses, or for the foundation and governance of a company, I disagree with this argument (and I have issues with the concept of making anti-discrimination part of the law, again on the grounds above), but there is at least a basis for it.

Oh and for those of you who think this is just about gays… it applies equally to guns. I think that businesses that exclude lawful bearers of arms from their premises are idiots, and that it’s bad business… but its THEIR property, and they have the right to exclude me if they want to.

The GOVERNMENT should NEVER be allowed to discriminate, nor should any public utility, or any organization with a lawful monopoly. Any organization with which interaction is mandatory, or their power over you is involuntary, can never be allowed to discriminate.

Private individuals, and private property though, can never be prohibited from doing so… at least if we value and wish to preserve freedom and liberty (and in this country, frequently and unfortunately, we do not).

Freedom of conscience though, is a wonderful thing… They get to discriminate. Guess what, so do you. You can choose not to patronize their business. You can organize all your friends… and the entire world if everyone else is so inclined… to not patronize that business.

That’s freedom for ya…

Oh and by the by, these laws currently proceeding in several states explicitly legally authorizing business to refuse to serve people on the basis of their sexual orientation, are part of the blowback I predicted would result from the current strategy many in the gay rights movement have of “suing our way to normalcy”…

“Dammit, if they don’t want to make my same sex wedding cake, I’ll SUE”.

Or worse “We’ll get married in Massachusetts, and then move to Kansas and sue for them to recognize our marriage”.

Many lied saying that would never happen. Many more well intentioned supporters honestly believed the lie, and repeated it.

When I raise this issue with my liberal friends, they often say that I am being ridiculous.

It HAS been happening, from the first legally recognized same sex marriages in this country.

It’s a bad strategy, and it has and will continue to backfire.

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

Liberty Rock: “Spike in My Veins” by Korn

This is a great, important, video. I hope you will enjoy this. I have some additional thoughts about this video and this subject posted here.

We are the ones taking all the pain
Falling on our faces
They don’t care anyway
Anyway, now
You’re the one that makes me feel like I’m alive
You’re the one that pushes me all the time
All the time, now

We are hard and grey
Always fate, to do what they say
Calling me deranged
Feeling power, I must take its place some way

Never gonna run away
Seeking out the path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

We are the ones reaching out in vain
Trying to solve our problems
They won’t go away, go away now
You’re the one that makes me feel like I’m alive
You’re the one that pushes me all the time
All the time, now

We are hard and grey
Always fate to do what they say
Calling me deranged
Feeling power, I must take its place some way

Never gonna run away
Seeking out my path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins

Never gonna run away
Seeking out my path
But the pain always gets in the way
Slowly watch me die
I’m insane, so dangerous
Don’t you dare get in my way
Throwing in the towel
Got me strained, so betrayed
Get the fuck out of my way
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Pounding all these spikes in my veins
Looking at my thoughts, I take my time
Pounding all these spikes in my veins

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