2/16/2008

The Law

Filed under: — site admin @ 5:18 pm
I don’t really know how hearings and all that actually work, (I guess I don’t watch enough Law & Order) but the area in chapter 4 that talks about giving the victim a voice rather than further victimizing them, made me think a little. As far as I knew, I thought we did allow them presence in the hearing, often called as witnesses, and even given a voice as to the sentencing. I don’t know if this is true, common, or relatively new to our justice system. But I’ve heard of cases where the parents of a murdered child do not want the death penalty for the perpatrator (for whatever reasons), then the judge can hear that statement before the sentencing is given. If anybody knows more specifically how the victim his heard (or not) in our court systems, I’m interested to hear it.

Who Decides What Is Criminal?

Filed under: — site admin @ 5:06 pm
I think the laws are incredibly complex and confusing (even taxation in our country needs to lose the loop holes and be more standardized…even if we kept it graduated). I honestly think one should be able to make a pamphlet which would cover the laws of the land. This would benefit for countries having it as well. One could pick up a pamphlet maybe 3-10 pages worth of print, possibly small, and sufficiently know what expectations are of you in that country. (Usually they are pretty practical about enforcement, but be careful how you dress in Afghanistan, don’t spit gum on the street in Singapore, and do not openly practice or discuss religious views in China.) At this point, I think we should remove two laws from the books at the state and federal level for every one law we now pass. This would make us get rid of dumb laws, and seriously consider, at some point, the worth of the new law. Freedom sure does have a lot of regulations. One should not have to be a lawyer, judge, or law enforcement agent to have a full understanding of the laws. We need to reduce the laws on the books to those we are willing to enforce, and those we are willing to teach in high school…just a thought.

I agree that abortion is killing…or that killing an unborn baby should have consequences similar to killing any other human being. I could see it being less of a sentence, but still something worthy of being considered as a crime.

I know I talk about guns, but the stats do show that it is generally not the people with concealed weapons permits or carry-permits who are killing each other in 11,000 per year droves in our country. But really, (and I’m a pretty big guy) what worries me about going to live in many other countries for a time is the high crime rates related to theft and burglaries…and as many crimes are committed against minorities in our country, the same is true for other countries. I, being the minority, and unfamiliar with the society, would be a likely victim of crime. And the one thing that might keep me from getting mugged, beaten, and stabbed by a group of such criminals, on the way home from work or wherever, would be the equalizer (a gun). My worry is that where crime is concerned, citizens like you and I, if ever presented with a violent situation outside of our homes, will most likely be bringing less than a knife to what may be a gunfight. At the Maverick downtown on North Temple I think it was, I saw a 12-14 year old male child dressed as a gangster with a gun sticking out of his pants. On redwood road I saw young male chilled (aged 16-18 years) riding a bike way too small for him, which caused me to stare a bit. (I was stopped at a red light) Then he got off the bike, raised his hands, shouted something I couldn’t hear, lifted his shirt to flash a gun at me. Neither could have possessed legally obtained concealed carry permits due to their ages. Both were probably associated with gangs. I did nothing to antagonize either, but those types of events make you think. I personally, if armed at the time, wouldn’t draw on either of them unless drawn upon first. I don’t like violence (except martial arts as an art form). But, I do think there would be a lot less violent crime if there were more guns on people’s hips. In Wyoming, just like cops here, citizens carry pistols or large revolvers on their hips. It makes me feel safe knowing that if I’m in trouble there is a guy in the store or a guy across the street who can help even against someone who has a gun.

I have a formal martial arts teacher who I just recently heard was jumped by three guys downtown (about a year ago, I haven’t seen him in 3 years). They had one knife between the three of them. He refused to give them his wallet, tried to defend himself (the guy is like 56), he spent a couple days in the hospital, got his jaw wired shut and two new sets of teeth. I’m sure he could have defended himself against any one of them, but not against three assailants, and that’s how criminals work, like cowards and with full force. Also, I’m pretty avid about the sense of victimology. I just want to make sure I’ve done my part in not being an easy target.

With regards to marijuana, I totally agree that it has brought more destruction on the streets than construction. My friends who smoke are just as dumb or just as smart as they were when they started it. I think it is a good recreational drug, like alcohol…except much mellower, with a lot less belligerence. However, it can be just as bad as alcohol on driving. I have never seen a high person drive well (although they always seem to think they do). I think it should be legalized for medicinal use at least, and might as well for recreational use. My grandmother likes to tell me how from the ages of 4-12 (1930s in Taos, New Mexico) she used to walk to the general store to buy marijuana for her mother.

2/15/2008

Paul Mooney: Analyzing White America (2002)

Filed under: — site admin @ 11:17 pm
Paul Mooney can be pretty funny. But, this show is presumptuous (including the title and the psychiatric sessions where he presumably has the power to help white people with their problems) with 90% anti-white humor which doesn’t come off as funny but just straight out racist (in the style Lenny Bruce). I felt like a black man might feel sitting in the corner watching White Supremacist rally. A little over dramatic sure, but the fact that his jokes were not based on facts, he said everything scathingly, and like he meant it, not as if his opinions were jokes. He wasn’t “telling it like it is". He was telling it how he sees it from his reactionary-racist view point. I give him credit though, because if I was a young black man in the 60s, I’d probably have had to put up with more injustice than most people of any race, in our country today do. That said, we all put up with the struggle of life and injustice every day. But not all of us give it a face, or a color as the case may be. For the sake of those desiring equality, he does not help the cause, just fuels the flames. Mooney tries to humorously fault black people for O.J. Simpson, white people for Columbine, a teacher having sex with a 12yr old. He insinuates America assumed 9/11 was the fault of a black person. The guy misses the mark all over the place in this bit. Furthermore, I have no taste for comic’s insecurities (like Michael Richards going nuts). If not everyone is laughing, it’s the comic’s job to make them laugh (or not care at least for the moment) What not to do is to insult the people who don’t laugh, or stereotype them as only having one reason for not liking a joke…a very stupid reason. Paul Mooney calls his audience “House Ni*gers” when he could use some fresh material.

“Patience for Profits”

Filed under: — site admin @ 4:28 pm

SMART MONEY, Feb 2008, p74-79, “Patience for Profits” by Reshma Kapadia

This article covers the financial work of John Rogers Jr., a man who beat the S&P 500 by 4% simply by sticking with the same reliable, though unpopular, stocks of Clorox and T. Rowe Price for 20 years. He made an average of 10% return per year. Rogers has since founded the Ariel Capital Management fund. This is a minority run and owned mutual fund, which has proven well through less popular, yet steady and profitable corporate stocks. He predicts his investments will not do so well during the recession or economic slump we are in now, but as people find their high risk and cyclical names going under, the market will shift back into his direction. Rogers has proven that playing the market is often more dangerous than taking an interest in health profits from healthy businesses.

2/14/2008

Women in Prison

Filed under: — site admin @ 9:37 pm
While they probably received more breaks, they didn’t have many rights, hadn’t fully integrated into society in the job force, and so weren’t required as much to provide financially for their families. Thanks to failed marriages, unwed pregnancies, and failed relationships in general (possibly the part of the males leaving or going to prison), women have to take care of their children by themselves. This leads to addictions for release, crime to make money (real work without education, doesn’t pay enough, and doesn’t allow for one to care for their children at the same time). Then the prisons fill up with women.

Equality is the reason women are increasingly filling up jails. Their problems and lifestyles are now matching those of men’s. I’m not saying men had it worse, but the responisibility of family survival used to be based on their efforts. Now, even children sometimes have to work (but that was how it was in farming anway).

I find great points to the idea that prison is a sign of failure of society. I think if we all thought of it this way, crime prevention techniques, higher investments in educational programs, and widespread family counseling would be very beneficial towards finding solutions. The COST of housing our prisoners in this country is INSANE. It would be a lot nicer if we could spend that money on habilitation (one theory is that we can’t rehabilitate someone who has never learned to live in accordance with society), than on prisons, and avoid whatever crime got them there in the first place.

I’m working with juveniles in a state run educational program for kids just getting out of the juvenile detention system. The goal is to let them know there is something out there for them other than crime. That education is the pathway. It’s really difficult, especially when their lives at home and at school are nothing but turmoil. But, I think if everyone thought of criminals as our own responsibility, our own problem, that our justice system would be a lot different.

Growing up, in response to news, I often heard from paternal figures (Dad, Grandfather, Church leaders, Uncles), “I say lock ‘em up and throw away the key.” Now, I selfishly think, I do not have the income to afford more taxes. But, like with health care, I think prevention is far more cost effective, and will get us better results if we thought of it as something to correct, rather than to toss out. (Not that it is easy or anything).

I think its more reflective of the social aspects of the justice system, than the system itself. One major thing (for the past 30 yrs rather than 50-60 yrs) is the War on Drugs. Drugs are highly prevalent since the early 70s, and now they are illegal. Some of those drugs are particularly common among females (meth-amphetamines).

Criminal Thought

Filed under: — site admin @ 9:22 pm
One thing discussed in another class of mine was B.F. Skinner’s (Behavioral Psychologist) theory of choice. When applied to the field of criminology, rewards and punishments are measured in ever single action we do, either consciously or subconsciously (sub probably in the case of being drugged). However, with most criminals, it is their specific interpretation of what they deem positives or negatives of certain activities. This can be as skewed as: Take that car for the night and make it to a party across town, or don’t go to the party downtown. If he wants to go to the party, the negative is not making it to the party; he doesn’t weigh the decision on the car theft itself, and the negative outcomes if caught. I think that case happens to some degree all the time, and really helps support the fact that our justice system is based on choice theory.

Relative Criminality

Filed under: — site admin @ 5:28 pm
I think this is really hard to set a standard on. There are some things where laws are set due to statistics and risk…measured like insurance companies do. The purpose is to get the desired results of more life, or more general happiness, or better percentages on crime rates or deaths for this and that reason. But, when it comes down to it, I think you have to decide on whether the law in place is to reduce physical harm, or to enforce morality, or to discourage a specific type of action, or is it simply there to create order, or even to exhibit the power of the state/government to flex authority.

In a discussion with someone the other day, they made the point that as far as the desire to pursue happiness in as much as one’s own pursuit does not harm another’s well being; a DUI is not a injury upon another person. The mistakes you make while driving intoxicated are the same mistakes people make every day while sober (more often while sober). Property damage in crashing, reckless driving, Killing willfully, negligently, or simply involuntarily, and exhibition driving, are all examples of infractions that can be done intoxicated or not. “K” pointed out that killing (she didn’t qualify what kind though -maybe on purpose) should have the same sentence for everyone. But “J” and “J” both point out the frustration at drunk drivers, who should be punished more strictly. “J” points out for the reason that DUIs are dangerous. So (on behalf of my friend’s view) the argument is being made from a risk/ insurance stance. But if it is danger we are worried about, shouldn’t the crime be the action that is problematic, rather than the device that leads to the action. Otherwise, cell phones, babies, radios, make-up checking in the mirrors, and “looking away for a split second” should all be heavily enforced as well. Those are dangerous, and cause deaths and “accidents” (or negligence) every day. Shouldn’t it be that people who crash should be heavily punished so that they are less likely to crash in the future, or are deterred from crashing by the heavy punishment which will come? The argument of course is that the drinking is the crime, but it is not the drinking that hurts people, it is the collision. The collision is the problem. And people with a record of collisions are at higher risk for future collisions. I think his argument has some merit, and that we do try to point fingers with our morals when trying to find the culprit for harmful events. His reason for this argument is that he and I both knew a girl who drives better intoxicated (out of care not to get pulled over or to crash) than she does sober…which is scary!!!

However, I’m with you guys, I’m against drunk driving. But, I am also against being pulled over without valid reasons. If someone is intoxicated and follows all traffic laws without problems, the car meets all regulations, then that should be the end of the story. I’m very against the 300 W downtown stopping of every vehicle on the street to do an alcohol test. However, I do think there needs to be a fast accessible way to report drunk driving, because we all see the reckless driving (drunk or not) whenever there is no Cop in sight.

On another note, I think it would be a horrible thing to have the states unify…unless their laws are unified by the people living in those states. I don’t like the idea of a monopoly…in business, in religion, or in government. IT’S NOT A GOOD IDEA. Because when all the power is in one place…which happens systematically through uniformity of laws among other things, power corrupts. Then, and especially with globalization of business and power, if there is nowhere left to go (no country, or state which will represent your values or your liberty) violent revolution will be inevitable.

I like the idea that we can be carry a gun in Utah and not necessarily be a criminal…as opposed to doing time for it in another state. I understand you probably just want the misdemeanors and felonies agreed upon to make things less difficult for travelers…and yes, more difficult for traveling criminals, but the same things that diversify our laws have allowed our country to stay great in some sense. I don’t think women should all be made to wear head dresses, cover their legs and arms, and be sentenced to life in prison for letting someone know she was raped. I like the idea that my country has laws different from other countries. And as long as the State buffer is there, I don’t have to worry about the Country unifying with the continent (unless NAFTA and G.W. have their way).

I know I’m a bit dramatic. But, historically, empires and nations collapse for similar reasons. I just don’t want ours to in this lifetime.