Arbitrary Legality Makes Bad Laws

Recently, out of curiosity, I scanned the daily jail log for Curry County. I had never done so before and probably won’t do it again. Afterward, I felt guilty and was ashamed of myself.

I learned something interesting, though. Half of the people — five out of 10 — booked into the jail that particular day weren’t even accused of having done anything wrong; only things that have been arbitrarily declared illegal.

What’s the difference?

An act that violates an individual’s life, liberty, or property is wrong; a real crime, whether or not the law considers it a crime. These acts are wrong in and of themselves. The Latin term for this is “mala in se.”

Those booked into the jail that day and accused of having actually harmed someone were claimed to have either harmed others physically or to have violated someone’s property rights. Your main responsibility as a human is to respect the rights of others, so I have no sympathy for anyone who chooses to violate others.

This is assuming they actually did what they are accused of, which isn’t necessarily a reasonable assumption to make these days.

The other half of those jailed weren’t even suspected of harming anyone. The only justification for caging them was that they had offended the government in some way. Either they refused to identify themselves to a government employee, didn’t have the required permission papers, had forbidden substances, or tried to avoid being apprehended and kidnapped by an armed government employee. This makes these inmates political prisoners, not criminals. Even if I believed in punishment and imprisonment instead of justice, I wouldn’t believe these people deserved it. They are the real crime victims.

I understand why government would like for you and me to think of those things as crimes, but they aren’t They can’t be. Instead, these acts are “crimes” only because someone wrote legislation designating them so — a made-up rule with no ethical foundation. “Crimes” only because government employees say so. The Latin term for these acts is “mala prohibita.”

If you get aroused by punishing others, you probably don’t care. “It’s the LAW! It has to be obeyed,” you might insist.

Still, if you want your laws to be respected, you’ll first need to make them respectable. A good beginning is to get rid of all those laws based on nothing but the empty opinions of politicians.

This would eliminate all of your counterfeit mala prohibita “laws.”

Open This Content

Policing the Public Schools: How Schools Are Becoming Even More Like Prisons

In his book, Free To Learn, Boston College psychology professor Peter Gray makes the connection between school and prison. He writes: “Everyone who has ever been to school knows that school is prison, but almost nobody beyond school age says it is. It’s not polite.” It’s a prison in that young people are compelled to attend school by law, are unable to voluntarily leave, are told what to do and when, and are required to consume a standardized curriculum.

As if schooling was not already jail-like enough, adding armed police officers to the mix confirms the metaphor. In public schools across the country, police officers are increasingly present, costing taxpayers millions of dollars for a vague notion of safety. In fact, some estimates suggest that over two-thirds of high school students currently attend a school with a police officer on site.

Increased School Security

While some school districts, particularly urban ones, have had school safety officers present for a while now, concern about school shootings is driving an increase in numbers. Tennessee, for instance, is dedicating $50 million to put a police officer in every school, reaching beyond populated districts into rural communities. The Tennessee bill received bipartisan support and was signed into law by the governor this month, joining the ranks of other states that are implementing similar policies.

After the horrific Parkland school shooting in Florida last year that left 17 people dead, the state legislature mandated an armed guard in every public school. Nevermind that Parkland actually had an armed guard at its school who didn’t enter the school to engage the gunman during the shooting. He subsequently resigned.

Armed guards and police officers at schools are no guarantee of school safety and, in fact, may cause more harm than good. Northeastern University criminology professor James Alan Fox explains in his recent USA Today commentary: “Transforming schools into armed camps does more to elevate fear than alleviate it.” He adds that while school shootings are devastating, they are incredibly rare. “Although the sense of safety of schools has been shaken,” says Fox, “it is important not to view such occurrences as the ‘new normal,’ as some have suggested.”

Over-Criminalizing Students

Rather than deterring mass shootings, armed guards at schools often end up over-criminalizing students. Some studies have suggested that police presence at schools leads to more arrests for non-violent crimes and does not improve student behavior. These arrests and other extreme disciplinary measures can thrust children into the criminal justice system at a very early age, helping to fuel what is known as the “school-to-prison pipeline.” Often, it is poor and minority children who are fed into this pipeline by school personnel at startling rates and at young ages, making it difficult to ultimately escape the path to prison. In 2016, for example, 50,000 preschoolers were suspended or expelled from school, with black preschoolers expelled or suspended at twice the rate of their peers.

Prison-like schools may be just the latest factor prompting more parents to opt-out of public schools altogether. How similar to prison do schools need to become before it’s polite to call them what they really are?An article in this week’s Seattle Times explains that more black families in the Seattle area are choosing to homeschool their children, at least partly due to the over-criminalization of black children in Seattle schools, where they are six times more likely to be expelled than white children. Other areas are seeing similar upsurges in homeschooling.

In Tennessee, the most recent state to pass the universal school police officer law, public school enrollment rose by less than 1 percent between 2012 and 2017. According to data I obtained from the Tennessee Department of Education, the number of homeschoolers nearly doubled during that same time frame, from 4,614 homeschoolers in 2012 to 8,843 in 2017.

Parents may be increasingly choosing education freedom over force for their children. That is, when they can choose. In their just-released study, Corey DeAngelis and Martin Lueken find that school choice improves school safety. They write: “We find that private and public charter school leaders tend to be more likely to report ‘never’ having safety problems at their schools than traditional public school leaders.” Providing more choice mechanisms that enable parents to opt-out of assigned district schools could ensure school safety better than armed guards and locked classrooms.

How similar to prison do schools need to become before it’s polite to call them what they really are?

Open This Content

Pardoning Assange Would be the First Step Back Toward Rule of Law

On April 11, the ongoing saga of journalist and transparency activist Julian Assange took a dangerous turn.  Ecuador’s president, Lenin Moreno, revoked his asylum in that country’s London embassy. British police immediately arrested him — supposedly pursuant to his “crime” of jumping bail on an invalid arrest warrant in an investigation since dropped without charges but, as they admitted shortly thereafter,  actually with the intent of turning him over to US prosecutors on bogus “hacking” allegations.

The US political class has been after Assange for nearly a decade.

In 2010 WikiLeaks, the journalism/transparency service he founded, released information revealing US war crimes in Iraq and Afghanistan, as well as State Department cables exposing — among other things — Hillary Clinton’s attempts to have American diplomats plant bugs in the offices of their UN counterparts (Clinton, at one point, tried to raise the possibility of having him murdered for embarrassing her so).

In 2016, WikiLeaks released Democratic National Committee emails — provided by an as yet unidentified whistleblower — exposing the DNC’s attempts to rig the Democratic presidential primaries in Clinton’s favor.

At no point has Assange been credibly accused of a crime. He’s a journalist. People provide him with information. He publishes that information. That’s an activity clearly and unambiguously protected by the First Amendment.

Even if Assange was a US citizen, and even if his activities had taken place in territory under US jurisdiction, there’s simply no criminal case to be made against him.

So they’re manufacturing one out of whole cloth, accusing him of “hacking” by asserting that he assisted Chelsea Manning with the technical process of getting the 2010 information to WikiLeaks.

But once again: Assange is not a US citizen, nor at the time of his alleged actions was he anywhere that would have placed him under the jurisdiction of the United States.

Even if he did what he’s accused of doing, the current state of affairs is the equivalent of the city government of Chicago asking Norway to extradite a French citizen on charges of not cutting the grass at his villa in Italy to the specifications of Chicago’s ordinance on the subject.

There are certainly criminal charges worth pursuing here.

The US Department of Justice should appoint a special counsel to probe the Assange affair with an eye toward firing, seeking the disbarment of, and prosecuting (for violations of US Code Title 18, Sections 241, Conspiracy Against Rights, and 242, Violation of Rights Under Color of Law) the DoJ bureaucrats who hatched this malicious prosecution.

The first step in the process, though, is for US president Donald Trump to pardon Julian Assange for all alleged violations of US law on or prior to April 11, 2019.

Assange is a hero. Time to stop treating him like a criminal.

Open This Content

Pro-Crime People

You can’t be pro-police and anti-crime. If you say you are, you’re lying.

I see this delusion all the time. People support the largest organized crime gang in existence– the Blue Line Gang— and pretend it’s because they hate crime. That makes no sense whatsoever.

If you are pro-police you are pro-crime.

Sure, maybe you choose to be violated by the members of this crime gang instead of being violated by the members of a competing crime gang, but I don’t see that as a plus.

Freelance gang members are generally seen as fair game during any attack. Shoot one and you might not be punished.

But shoot a Blue Line Gangster in self-defense and the power and violence of the government religion will be brought down on you.

People who support police are supporting crime. Much worse crime than that supported by any other crime supporters. When they claim otherwise they have zero credibility.

Speaking of the religion of government, have you seen this powerful video?

Open This Content

Reflections on The Sopranos

I just finished re-watching the entirety of The Sopranos, HBO’s classic Mafia drama. I saw it season-by-season when it originally aired (1999-2007), and I still hew to the allegedly philistine view that the ending was not only bad, but insulting. Overall, though the show’s reputation is well-deserved. Here are the top social science insights I take away. (minor spoilers)

1. Human motivation is overdetermined. For any important action, people usually have several plausible reasons, and pinpointing the marginal factor is nigh impossible. Thus, does Tony kill Ralph because he believes Ralph torched their racehorse? Because Ralph denied doing so? Because Tony had stolen Ralph’s girlfriend, and didn’t believe Ralph was OK with it? Or was it all because Tony never forgave Ralph for murdering his own pregnant girlfriend a season earlier?

2. Humans are unbelievably petty. By providing readers with an array of credible motives, the show leads us to think that small grievances at least occasionally cause massive reactions. When Paulie murders his mother’s elderly frenemy, for example, it seems hard to avoid the conclusion that he wouldn’t have done so if the frenemy hadn’t tried to wrongfully appropriate his mother’s dinner rolls. Similarly, Carmela doesn’t try to divorce Tony because he’s a serial adulterer or brutal criminal. She’s known both for years.  Instead, she tries to divorce him because Irina, Tony’s ex-girlfriend, calls Carmela’s home to tattle that Tony slept with Irina’s one-legged cousin.

3. Out of sight, out of mind. In The Sopranos, criminals and non-criminals routinely interact. The non-criminals would have to be fools not to realize that the criminals aren’t merely violent, but murderous. Still, as long as the non-criminals do not witness the violence with their own eyes, they barely care. Even when they discover details that would lead any reasonable person to conclude that the horrifying had happened, they look the other way. Thus, everyone except Adriana’s mother gets over her disappearance (murder, actually) with minimal cognitive dissonance. Never mind that her boyfriend was a junkie who repeatedly beat her; Adriana must have just decided out of the blue to leave New Jersey and never talk to her family or friends again.

4. A disciplined organized crime family can act with near-impunity. It’s easy to catch the typical murderer because the typical murderer murders someone he personally wants to murder. A crime family, however, can handily re-allocate its crimes so everyone lacks a personal motive for the crimes he personally commits. Criss cross! When Adriana tries to get Chrissy into witness protection, he doesn’t murder her. Instead, he tells Tony, who delegates the job to Silvio.

5. Organized crime families are not, in fact, disciplined. Criminals are overwhelmingly impulsive, macro males. So even though they have a great social technology for manufacturing ironclad alibis, they routinely fail to use it. Early in the series, Chrissy shoots a random baker in the foot in broad daylight. A great way to get caught… but Chrissy felt slighted, so he shot anyway. Ralphie beats his pregnant girlfriend to death in the Bing parking lot because she insulted his manhood.

6. Hedonic adaptation is mighty. The leading criminals on the show aren’t just filthy rich; they’re very popular with the ladies. Yet these criminals almost never count their blessings or stop to smell the flowers. Instead, they’re deeply bitter – and constantly on the edge of throwing temper tantrums. The wives of the leading criminals objectively have even less to complain about; they enjoy their husbands’ riches without ever facing the danger and brutality of acquiring those riches. Even so, the mob wives spend their days complaining and feeling sorry for themselves. Carmela, Tony’s wife, is the clearest case. Her main happy minutes come when she unwraps new jewels and furs. The rest of the time, she’s crinkling her nose with crankiness.

7. Rooting for the bad guy is easy… as long as he’s got charisma. If you neutrally described the typical Sopranos episode, almost anyone hypothetical juror would hand down centuries of jail time.  As you watch, however, righteous verdicts are far from your mind. Why? Because the criminals have amusing personalities. My family’s personal favorite is Paulie “Walnuts” Gaultieri; we can’t stop quoting this scene:

Paulie: As far as f***n’ bears are concerned, I say, get rid of them all. They had their turn, and now we got ours. That’s why dinosaurs don’t exist no more.

Dancer: Wasn’t it a meteor?

Paulie: They’re all meat eaters.

Chris: Meteor, me-te-or.

How can we feel such affection for a sadistic killer like Paulie?  Because he’s hilarious, and we’re in no danger.  Oh, and how he loves his mother!

8. Psychiatric language is largely a set of excuses and power-plays.  The Sopranos addresses anxiety, depression, ADHD, addiction, sociopathy, Borderline Personality Disorder, and much more.  Yet in virtually every case, it acknowledges that there is, to quote psychiatrists’ psychiatrist Elliot Kupferberg, a reasonable “pre-therapeutic” take on the same situation.  Yes, you can say that addicts are helpless victims of a “disease.”  But you can also say that addicts are people who willfully place their own self-destructive habits over family harmony.  Indeed, The Sopranos standardly insinuates that psychiatric language mostly boils down to Social Desirability BiasIf a character has ADHD, he’s sick and needs help; only a monster would growl, “Man up and work harder.”  But as the plot plays out, attentive viewers will notice that it’s the no-nonsense approach that fits the facts and improves behavior.  Even psychiatrist Dr. Melfi reverts to old-fashioned theories of personal responsibility when she exits her office; if you cross her, she’ll lash out no matter what psychiatric labels you carry.

The only clear-cut exception to this psychiatric skepticism is Uncle Junior’s dementia.  Even here, he starts out as a faker, feigning dementia to delay his trial.  By the end of the show, however, Junior’s run out of money – and can’t remember where he stashed his emergency funds.  Indeed, he barely knows who he is anymore.  The lesson: Dementia, unlike the other mental problems characters face, is a hard constraint rather than an exotic preference.

9. Despite ubiquitous ambiguity, right and wrong is fairly obvious if you calm down and detach yourself from your society. In season 3, a lone righteous character, psychiatrist Dr. Krakower, sees through a web of wrong-doing and lame excuses in a matter of minutes.  Carmela Soprano goes to Krakower for help, and he delivers The Moral Answers.  Highlights from one of the greatest scenes of all time:

Carmela: […] [Tony’s] a good man, a good father.

Krakower: You tell me he’s a depressed criminal. Prone to anger. Serially unfaithful. Is that your definition of a good man?

Carmela: I thought psychiatrists weren’t supposed to be judgmental.

Krakower: Many patients want to be excused for their current predicament. Because of events that occurred in their childhood. That’s what psychiatry has become in America. Visit any shopping mall or ethnic pride parade. Witness the results.

Carmela: What we say in here stays in here, right?

Krakower: By ethical code and by law.

Carmela: His crimes. They are, uh, organized crimes.

Krakower: The mafia.

Carmela: Oh so, so what? So what? He betrays me every week with these whores.

Krakower: Probably the least of his misdeeds.  You can leave now, or you can you stay and hear what I have to say.

Carmela: Well, you’re gonna charge the same anyway.

Krakower: I won’t take your money.

Carmela: That’s a new one.

Krakower: You must trust your initial impulse and consider leaving him. You’ll never be able to feel good about yourself. You’ll never be able to quell the feelings of guilt and shame that you talked about. As long as you’re his accomplice.

[…]

Carmela: So . . . You think I need to define my boundaries more clearly. Keep a certain distance. Not internalize my–

Krakower: What did I just say?

Carmela: Leave him.

Krakower: Take only the children, or what’s left of them, and go.

[…]

Carmela: I’d have to, uh, get a lawyer. Find an apartment. Arrange for child support.

Krakower: You’re not listening. I am not charging you because I won’t take blood money. And you can’t either. One thing you can never say, that you haven’t been told.

10. Dylan Matthews and Tyler Cowen notwithstanding, the Columbus Day episode was hilarious and wise.  The veneration of this murderous slaver isn’t just shameful; it exposes the shameful essence of identity politics of every description.  And what better vessels for these truisms than a gang of self-righteously aggrieved mafiosi?

Open This Content

Words Poorly Used #140 — Corporatism

In its worst misuse, “corporatism” is given as a synonym for capitalism.  Corporatism is made of fictions, while capitalism is a natural economic occurrence.  Corporatism is the case where statism is used to control purely natural market activities.  When well-meaning people complain about the excesses of capitalism, they are usually resenting the dodging of responsibility, legislatively by the state-licensed corporation or illegally by the marauder.

In free markets, where individual actors make economic choices, interchange will be optimized — both parties will approach satisfaction with the transaction because that was their intent on entering the engagement.  One or both parties may be dissatisfied, to some degree, with some outcomes.  This is a critical point.  The partners in the transaction may realize that dissatisfaction is part of the risk of free exchange, or a partner may feel that she needs help from some authority, some corporate protection from the state.  The alternative may be that an aggrieved party will violate laws to seek adjustment.  When this type of crime is organized we have another form of corporatism — Might makes right.

The capitalist, however, underwrites risk.  She understands that her best interests are served by the risk management that is typical of her field of endeavor.  The finest example of risk management is in maintaining cordial, voluntary exchange.

— Kilgore Forelle

Open This Content