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ilanaprincilus06

Half Of The Jury In The Chauvin Trial Is Nonwhite. That's Only Part Of The Story : Live... - 0 views

  • The jury chosen for the trial of former Minneapolis police officer Derek Chauvin, charged with murder in the death of George Floyd, is notable because it is significantly less white than Minneapolis itself.
  • three Black men, one Black woman and two jurors who identify as multiracial.
  • 50% of the panel that will vote on Chauvin's fate will be Black or multiracial.
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  • Hennepin County, where the trial is being held, is only 17% Black or multiracial, while it is 74% white.
  • The jury's racial makeup will assuage some of the concerns that activists and others had expressed as jury selection got underway two weeks ago.
  • An insufficiently diverse jury, they believed, would undercut people's faith in the legitimacy of a trial seen as a critical moment in the racial justice movement that Floyd's killing helped reenergize last spring.
  • Two of the Black men on the jury are not African Americans but, rather, Black immigrants. During questioning, they expressed the kind of moderate views on policing and race relations
  • None of the Black jurors ultimately chosen for the panel spoke extensively about personal experiences with racism or about having had overtly negative interactions with police. Several said they had a healthy respect for law enforcement.
  • The fate of Juror 76 highlighted a tension that often exists in jury selection, especially in cases in which issues of race loom large. The experiences that come with being Black in America are often enough to get jurors struck from a case
  • That did not seem to be the case during jury selection for the Chauvin trial. Several jurors who expressed at least some support for the movement were seated on the jury — a sign of progress, Chakravarti said.
  • On one hand, that the defense would strike people with negative views of police is understandable, given Nelson's responsibility to seat a jury favorable to his client.
  • She said his fate was a reminder that the jury selection process should be reformed to ensure more African Americans have a fair shot to serve on juries."We should start," she wrote, "by recognizing that their lived experiences with racism are not justification to excuse them."
manhefnawi

How Statistics Fool Juries | Mental Floss - 0 views

  • While my experience wasn't related to statistics, it was an issue of science which seemed like we should have been able to prove the right answer one way or another -- but we failed.
Emilio Ergueta

Snowden's leaks forced NSA reform on Congress. The US would still jail him | Trevor Tim... - 0 views

  • What the influential whistleblower revealed forced substantive changes to the surveillance state. But he may never be able to safely come hom
  • he catalyst for Congress’ historic vote on NSA reform on Tuesday – the same person who led to a federal court to rule that NSA mass surveillance of Americans was illegal – remains exiled from the United States and faces decades in jail.
  • it’s a shame that almost everyone nonetheless ignores the oppressive law under which Snowden was charged or the US government’s outrageous position in his case: that if he were to stand trial, he could not tell the jury what his whistleblowing has accomplished.
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  • The White House told reporters on Thursday that, despite the imminent passage of NSA reform, they still believe Edward Snowden still belongs in prison (presumably for life, given his potential charges), while at the same time, brazenly taking credit for the USA Freedom Act passing, saying that “historians” would consider it part of Obama’s “legacy.”
  • even those in Congress who were campaigning for stronger NSA reform than the bill that passed the Senate are afraid to directly credit Snowden and, in many cases, still condemn him. Some cling to the erroneous belief that Snowden should come back to the US if he’s really a whistleblower because he could “tell his story to a jury.”
  • Without Edward Snowden, there would be no debate about the mass surveillance of Americans by the NSA. The Second Circuit Court of Appeals would not have ruled such surveillance illegal, tech companies would not encrypt our phone calls and text messages, and Congress certainly would not have passed the USA Freedom Act - no matter how meager its reforms actually are
qkirkpatrick

How Will Brain Science Affect The Tsarnaev Trial? | Radio Boston - 0 views

  • Jury selection continues for the second week in the trial of accused Boston Marathon bomber, Dzhokhar Tsarnaev.
  • Later this week, the judge, prosecutors and defense attorneys are expected to question prospective jurors. They will ask about jurors’ backgrounds, their feelings about the death penalty and whether they already have an opinion about Tsarnaev.
  • . Some say brain science is likely to play a role in the trial, because courts are increasingly looking at what neuroscience tells us about adolescence and the developing brain.
  •  
    a radio broadcast talking about how the brain can affect a trial. Connects with how we talked about witnesses and memory.
Javier E

After the Fact - The New Yorker - 1 views

  • newish is the rhetoric of unreality, the insistence, chiefly by Democrats, that some politicians are incapable of perceiving the truth because they have an epistemological deficit: they no longer believe in evidence, or even in objective reality.
  • the past of proof is strange and, on its uncertain future, much in public life turns. In the end, it comes down to this: the history of truth is cockamamie, and lately it’s been getting cockamamier.
  • . Michael P. Lynch is a philosopher of truth. His fascinating new book, “The Internet of Us: Knowing More and Understanding Less in the Age of Big Data,” begins with a thought experiment: “Imagine a society where smartphones are miniaturized and hooked directly into a person’s brain.” As thought experiments go, this one isn’t much of a stretch. (“Eventually, you’ll have an implant,” Google’s Larry Page has promised, “where if you think about a fact it will just tell you the answer.”) Now imagine that, after living with these implants for generations, people grow to rely on them, to know what they know and forget how people used to learn—by observation, inquiry, and reason. Then picture this: overnight, an environmental disaster destroys so much of the planet’s electronic-communications grid that everyone’s implant crashes. It would be, Lynch says, as if the whole world had suddenly gone blind. There would be no immediate basis on which to establish the truth of a fact. No one would really know anything anymore, because no one would know how to know. I Google, therefore I am not.
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  • In England, the abolition of trial by ordeal led to the adoption of trial by jury for criminal cases. This required a new doctrine of evidence and a new method of inquiry, and led to what the historian Barbara Shapiro has called “the culture of fact”: the idea that an observed or witnessed act or thing—the substance, the matter, of fact—is the basis of truth and the only kind of evidence that’s admissible not only in court but also in other realms where truth is arbitrated. Between the thirteenth century and the nineteenth, the fact spread from law outward to science, history, and journalism.
  • Lynch isn’t terribly interested in how we got here. He begins at the arrival gate. But altering the flight plan would seem to require going back to the gate of departure.
  • Lynch thinks we are frighteningly close to this point: blind to proof, no longer able to know. After all, we’re already no longer able to agree about how to know. (See: climate change, above.)
  • Empiricists believed they had deduced a method by which they could discover a universe of truth: impartial, verifiable knowledge. But the movement of judgment from God to man wreaked epistemological havoc.
  • For the length of the eighteenth century and much of the nineteenth, truth seemed more knowable, but after that it got murkier. Somewhere in the middle of the twentieth century, fundamentalism and postmodernism, the religious right and the academic left, met up: either the only truth is the truth of the divine or there is no truth; for both, empiricism is an error.
  • That epistemological havoc has never ended: much of contemporary discourse and pretty much all of American politics is a dispute over evidence. An American Presidential debate has a lot more in common with trial by combat than with trial by jury,
  • came the Internet. The era of the fact is coming to an end: the place once held by “facts” is being taken over by “data.” This is making for more epistemological mayhem, not least because the collection and weighing of facts require investigation, discernment, and judgment, while the collection and analysis of data are outsourced to machines
  • “Most knowing now is Google-knowing—knowledge acquired online,”
  • We now only rarely discover facts, Lynch observes; instead, we download them.
  • “The Internet didn’t create this problem, but it is exaggerating it,”
  • nothing could be less well settled in the twenty-first century than whether people know what they know from faith or from facts, or whether anything, in the end, can really be said to be fully proved.
  • In his 2012 book, “In Praise of Reason,” Lynch identified three sources of skepticism about reason: the suspicion that all reasoning is rationalization, the idea that science is just another faith, and the notion that objectivity is an illusion. These ideas have a specific intellectual history, and none of them are on the wane.
  • Their consequences, he believes, are dire: “Without a common background of standards against which we measure what counts as a reliable source of information, or a reliable method of inquiry, and what doesn’t, we won’t be able to agree on the facts, let alone values.
  • When we Google-know, Lynch argues, we no longer take responsibility for our own beliefs, and we lack the capacity to see how bits of facts fit into a larger whole
  • Essentially, we forfeit our reason and, in a republic, our citizenship. You can see how this works every time you try to get to the bottom of a story by reading the news on your smartphone.
  • what you see when you Google “Polish workers” is a function of, among other things, your language, your location, and your personal Web history. Reason can’t defend itself. Neither can Google.
  • rump doesn’t reason. He’s a lot like that kid who stole my bat. He wants combat. Cruz’s appeal is to the judgment of God. “Father God, please . . . awaken the body of Christ, that we might pull back from the abyss,” he preached on the campaign trail. Rubio’s appeal is to Google.
  • Is there another appeal? People who care about civil society have two choices: find some epistemic principles other than empiricism on which everyone can agree or else find some method other than reason with which to defend empiricism
  • Lynch suspects that doing the first of these things is not possible, but that the second might be. He thinks the best defense of reason is a common practical and ethical commitment.
  • That, anyway, is what Alexander Hamilton meant in the Federalist Papers, when he explained that the United States is an act of empirical inquiry: “It seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force.”
peterconnelly

Johnny Depp, Amber Heard trial verdict - CNN - 0 views

  • (CNN)A jury has found both Amber Heard and Johnny Depp liable for defamation in their lawsuits against each other.
  • Depp sued Heard, his ex-wife, for defamation over a 2018 op-ed she wrote for The Washington Post in which she described herself as a "public figure representing domestic abuse." Though Depp was not named in the article, he claims it cost him lucrative acting roles. Heard countersued her ex-husband for defamation over statements Depp's attorney made about her abuse claims.
  • Heard kept her eyes down as the verdict was read. Depp was not present in court, but released a statement that said, in part, "the jury gave me my life back."
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  • "From the very beginning, the goal of bringing this case was to reveal the truth, regardless of the outcome. Speaking the truth was something that I owed to my children and to all those who have remained steadfast in their support of me," he said. "I feel at peace knowing I have finally accomplished that."
  • "The disappointment I feel today is beyond words. I'm heartbroken that the mountain of evidence still was not enough to stand up to the disproportionate power, influence, and sway of my ex-husband," Heard said.
  • In her testimony, Heard said that Depp was verbally and physically abusive during their relationship. She also accused Depp of sexual violence.
  • Depp claimed multiple times on the stand that he has never struck a woman, denied Heard's allegation of sexual battery and called himself a victim of domestic abuse by Heard, which she denies.
  • Heard had notably fewer vocal supporters than Depp in the entertainment business and in and around the courthouse.
Javier E

Lawsuit Against Fox Is Shaping Up to Be a Major First Amendment Case - The New York Times - 0 views

  • The case threatens a huge financial and reputational blow to Fox, by far the most powerful conservative media company in the country. But legal scholars say it also has the potential to deliver a powerful verdict on the kind of pervasive and pernicious falsehoods — and the people who spread them — that are undermining the country’s faith in democracy.
  • “We’re litigating history in a way: What is historical truth?” said Lee Levine, a noted First Amendment lawyer
  • “Here you’re taking very recent current events and going through a process which, at the end, is potentially going to declare what the correct version of history is.”
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  • The case has caused palpable unease at the Fox News Channel, said several people there,
  • Dominion is trying to build a case that aims straight at the top of the Fox media empire and the Murdochs. In court filings and depositions, Dominion lawyers have laid out how they plan to show that senior Fox executives hatched a plan after the election to lure back viewers who had switched to rival hard-right networks, which were initially more sympathetic than Fox was to Mr. Trump’s voter-fraud claims.
  • Libel law doesn’t protect lies. But it does leave room for the media to cover newsworthy figures who tell them. And Fox is arguing, in part, that’s what shields it from liability.
  • “The harm to Dominion from the lies told by Fox is unprecedented and irreparable because of how fervently millions of people believed them — and continue to believe them,”
  • For Dominion to convince a jury that Fox should be held liable for defamation and pay damages, it has to clear an extremely high legal bar known as the “actual malice” standard. Dominion must show either that people inside Fox knew what hosts and guests were saying about the election technology company was false, or that they effectively ignored information proving that the statements in question were wrong — which is known in legal terms as displaying a reckless disregard for the truth.
  • Dominion’s lawyers have focused some of their questioning in depositions on the decision-making hierarchy at Fox News, according to one person with direct knowledge of the case, showing a particular interest in what happened on election night inside the network in the hours after it projected Mr. Trump would lose Arizona.
  • Fox has also been searching for evidence that could, in effect, prove the Dominion conspiracy theories weren’t really conspiracy theories. Behind the scenes, Fox’s lawyers have pursued documents that would support numerous unfounded claims about Dominion, including its supposed connections to Hugo Chávez, the Venezuelan dictator who died in 2013, and software features that were ostensibly designed to make vote manipulation easier.
  • In one interview, Mr. Giuliani falsely claimed that Dominion was owned by a Venezuelan company with close ties to Mr. Chavez, and that it was formed “to fix elections.” (Dominion was founded in Canada in 2002 by a man who wanted to make it easier for blind people to vote.)
  • A spokesman for Dominion declined to comment. In its initial complaint, the company’s lawyers wrote that “The truth matters,” adding, “Lies have consequences.”
  • he hurdle Dominion must clear is whether it can persuade a jury to believe that people at Fox knew they were spreading lies.“Disseminating ‘The Big Lie’ isn’t enough,” said RonNell Andersen Jones, a law professor and First Amendment scholar at the University of Utah’s S.J. Quinney College of Law. “It has to be a knowing lie.”
simoneveale

Why We Remember So Many Things Wrong - The New Yorker - 1 views

  • Two and a half years after the event, she remembered it as if it were yesterday: the TV, the terrible news, the call home. She could say with absolute certainty that that’s precisely how it happened. Except, it turns out, none of what she remembered was accurate.
  • Neisser became fascinated by the concept of flashbulb memories—the times when a shocking, emotional event seems to leave a particularly vivid imprint on the mind.
  • Nicole Harsch, handed out a questionnaire about the event to the hundred and six students in their ten o’clock psychology 101 class, “Personality Development.” Where were the students when they heard the news? Whom were they with? What were they doing? The professor and his assistant carefully filed the responses away.
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  • two and a half years later, the questionnaire was given a second time to the same students.
  • It was then that R. T. recalled, with absolute confidence, her dorm-room experience.
  • She didn’t know any details of what had happened,
  • We don’t really remember an uneventful day the way that we remember a fight or a first kiss.
  • Her hope is to understand how, exactly, emotional memories behave at all stages of the remembering process: how we encode them, how we consolidate and store them, how we retrieve them.
  • When it comes to the central details of the event, like that the Challenger exploded, they are clearer and more accurate. But when it comes to peripheral details, they are worse. And our confidence in them, while almost always strong, is often misplaced.
  • Within the brain, memories are formed and consolidated largely due to the help of a small seahorse-like structure called the hippocampus; damage the hippocampus, and you damage the ability to form lasting recollections.
  • A key element of emotional-memory formation is the direct line of communication between the amygdala and the visual cortex.
  • Phelps has combined Neisser’s experiential approach with the neuroscience of emotional memory to explore how such memories work, and why they work the way they do.
  • Memory for the emotional scenes was significantly higher, and the vividness of the recollection was significantly greater.
  • hat is, if you were shocked when you saw animals, your memory of the earlier animals was also enhanced. And, more important, the effect only emerged after six or twenty-four hours: the memory needed time to consolidate.
  • o, if memory for events is strengthened at emotional times, why does everyone forget what they were doing when the Challenger exploded?
  • The strength of the central memory seems to make us confident of all of the details when we should only be confident of a few.
  • Our misplaced confidence in recalling dramatic events is troubling when we need to rely on a memory for something important—evidence in court, for instance
  • After reviewing the evidence, the committee made several concrete suggestions to changes in current procedures, including “blinded” eyewitness identification
  • standardized instructions to witnesses, along with extensive police training in vision and memory research as it relates to eyewitness testimony, videotaped identification, expert testimony early on in trials about the issues surrounding eyewitness reliability, and early and clear jury instruction on any prior identifications
anonymous

What Isn't for Sale? - Magazine - The Atlantic - 0 views

  • When we decide that certain goods may be bought and sold, we decide, at least implicitly, that it is appropriate to treat them as commodities, as instruments of profit and use. But not all goods are properly valued in this way. The most obvious example is human beings. Slavery was appalling because it treated human beings as a commodity, to be bought and sold at auction. Such treatment fails to value human beings as persons, worthy of dignity and respect; it sees them as instruments of gain and objects of use. Something similar can be said of other cherished goods and practices. We don’t allow children to be bought and sold, no matter how difficult the process of adoption can be or how willing impatient prospective parents might be. Even if the prospective buyers would treat the child responsibly, we worry that a market in children would express and promote the wrong way of valuing them. Children are properly regarded not as consumer goods but as beings worthy of love and care. Or consider the rights and obligations of citizenship. If you are called to jury duty, you can’t hire a substitute to take your place. Nor do we allow citizens to sell their votes, even though others might be eager to buy them. Why not? Because we believe that civic duties are not private property but public responsibilities. To outsource them is to demean them, to value them in the wrong way. These examples illustrate a broader point: some of the good things in life are degraded if turned into commodities. So to decide where the market belongs, and where it should be kept at a distance, we have to decide how to value the goods in question—health, education, family life, nature, art, civic duties, and so on. These are moral and political questions, not merely economic ones. To resolve them, we have to debate, case by case, the moral meaning of these goods, and the proper way of valuing them.
Javier E

Is the Universe a Simulation? - NYTimes.com - 0 views

  • Mathematical knowledge is unlike any other knowledge. Its truths are objective, necessary and timeless.
  • What kinds of things are mathematical entities and theorems, that they are knowable in this way? Do they exist somewhere, a set of immaterial objects in the enchanted gardens of the Platonic world, waiting to be discovered? Or are they mere creations of the human mind?
  • Many mathematicians, when pressed, admit to being Platonists. The great logician Kurt Gödel argued that mathematical concepts and ideas “form an objective reality of their own, which we cannot create or change, but only perceive and describe.” But if this is true, how do humans manage to access this hidden reality?
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  • We don’t know. But one fanciful possibility is that we live in a computer simulation based on the laws of mathematics — not in what we commonly take to be the real world. According to this theory, some highly advanced computer programmer of the future has devised this simulation, and we are unknowingly part of it. Thus when we discover a mathematical truth, we are simply discovering aspects of the code that the programmer used.
  • the Oxford philosopher Nick Bostrom has argued that we are more likely to be in such a simulation than not. If such simulations are possible in theory, he reasons, then eventually humans will create them — presumably many of them. If this is so, in time there will be many more simulated worlds than nonsimulated ones. Statistically speaking, therefore, we are more likely to be living in a simulated world than the real one.
  • The jury is still out on the simulation hypothesis. But even if it proves too far-fetched, the possibility of the Platonic nature of mathematical ideas remains — and may hold the key to understanding our own reality.
julia rhodes

False Memory: Did It Happen? | Psychology Today - 0 views

  • . As convincing as juries may find the testimony of witnesses, good prosecutors know that human memory is, more often than not, the least reliable source of evidence.
  • “We think parts of the brain used to actually perceive an object and to imagine an object overlap,” says Northwestern University scientist Kenneth Paller. “Thus, the vividly imagined event can leave a memory trace in the brain that’s very similar to that of an experienced event.”
  • How this process works is a research question of great interest to neuroscientists. This week, researchers affiliated with a project at MIT reported a giant step toward explaining how external stimuli can distort mental representations to produce brand new, seemingly accurate—but completely false—memories.
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  • The researchers studied a group of brain cells in the hippocampal region of the mouse brain. They found that they could create false associations between events and environments by artificially stimulating the neurons.
  • A member of the MIT team, Susumu Tonegawa, commented on the significance of the research in Science  magazine's weekly podcast:Independent of what is happening around you in the outside world, humans constantly have internal activity in the brain. So just like our mouse, it is quite possible we can associate what we happen to have in our mind with a bad or good high valence, online event. So, in other words, there could be a false association of what you have in your mind rather than what is happening to you, so this is a way we believe that at least some form of strong force memory observed in humans could be made. Because our study showed that the false memories and the genuine memories are based on very similar, almost identical, brain mechanisms, it is difficult for the false memory bearer to distinguish between them. So we can study this, because we have a mouse model now.
dpittenger

Is Facebook keeping you in a political bubble? | Science/AAAS | News - 0 views

  • Researchers call it the filter bubble: the personalized view of the Internet created through tech company algorithms.
  • For example, liberals and conservatives may rarely learn about issues that concern the other side simply because those issues never makes it into their news feeds. Over time, this could cause political polarization, because people are not exposed to topics and ideas from the opposite camp.
  • So on the question of whether Facebook is a force for good or ill for democracy, Aral says, "the jury is still out."
Javier E

Why Our Memory Fails Us - NYTimes.com - 1 views

  • how we all usually respond when our memory is challenged. We have an abstract understanding that people can remember the same event differently.
  • But when our own memories are challenged, we may neglect all this and instead respond emotionally, acting as though we must be right and everyone else must be wrong.
  • It’s no accident that Oprah Winfrey’s latest best seller is called “What I Know For Sure,” rather than “Some Things That Might Be True.”
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  • Our lack of appreciation for the fallibility of our own memories can lead to much bigger problems than a misattributed quote.
  • Memory failures that resemble Dr. Tyson’s mash-up of distinct experiences have led to false convictions, and even death sentences. Whose memories we believe and whose we disbelieve influence how we interpret controversial public events, as demonstrated most recently by the events in Ferguson, Mo.
  • , for false memories, higher confidence was associated with lower accuracy.
  • In general, if you have seen something before, your confidence that you have seen it and your accuracy in recalling it are linked: The more confident you are in your memory, the more likely you are to be right
  • . This fall the panel (which one of us, Daniel Simons, served on) released a comprehensive report that recommended procedures to minimize the chances of false memory and mistaken identification, including videotaping police lineups and improving jury instructions.
  • When we recall our own memories, we are not extracting a perfect record of our experiences and playing it back verbatim. Most people believe that memory works this way, but it doesn’t. Instead, we are effectively whispering a message from our past to our present, reconstructing it on the fly each time. We get a lot of details right, but when our memories change, we only “hear” the most recent version of the message, and we may assume that what we believe now is what we always believed.
  • Studies find that even our “flashbulb memories” of emotionally charged events can be distorted and inaccurate, but we cling to them with the greatest of confidence.
  • With each retrieval our memories can morph, and so can our confidence in them. This is why the National Academy of Sciences report strongly advised courts to rely on initial statements rather than courtroom proclamations:
  • In fact, the mere act of describing a person’s appearance can change how likely you are to pick him out of a lineup later. This finding, known as “verbal overshadowing,” had been controversial, but was recently verified in a collective effort by more than 30 separate research labs.
  • The science of memory distortion has become rigorous and reliable enough to help guide public policy. It should also guide our personal attitudes and actions.
  • It is just as misguided to conclude that someone who misremembers must be lying as it is to defend a false memory in the face of contradictory evidence. We should be more understanding of mistakes by others, and credit them when they admit they were wrong. We are all fabulists, and we must all get used to it.
  • Subliminal is a good book on this subject, as is Thinking, Fast and Slow. It is not merely that our memory is a game of telephone in which we garble the memory as we retrieve and re-store it. It appears to be a very useful part of existence, which has stayed with us or gotten stronger with evolution. There seems to be utility in forgetting, misremembering, and having memories coalesce with those of others in our social groups.
Javier E

Regulating Sex - The New York Times - 0 views

  • THIS is a strange moment for sex in America. We’ve detached it from pregnancy, matrimony and, in some circles, romance. At least, we no longer assume that intercourse signals the start of a relationship.
  • But the more casual sex becomes, the more we demand that our institutions and government police the line between what’s consensual and what isn’t. And we wonder how to define rape. Is it a violent assault or a violation of personal autonomy? Is a person guilty of sexual misconduct if he fails to get a clear “yes” through every step of seduction and consummation?
  • According to the doctrine of affirmative consent — the “yes means yes” rule — the answer is, well, yes, he is.
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  • if one person can think he’s hooking up while the other feels she’s being raped, it makes sense to have a law that eliminates the possibility of misunderstanding. “You shouldn’t be allowed to make the assumption that if you find someone lying on a bed, they’re free for sexual pleasure,”
  • About a quarter of all states, and the District of Columbia, now say sex isn’t legal without positive agreement,
  • And though most people think of “yes means yes” as strictly for college students, it is actually poised to become the law of the land.
  • Some new crimes outlined in the proposed code, for example, assume consent to be meaningless under conditions of unequal power. Consensual sex between professionals (therapists, lawyers and the like) and their patients and clients, for instance, would be a fourth-degree felony, punishable by significant time in prison.
  • Should we really put people in jail for not doing what most people aren’t doing? (Or at least, not yet?)
  • It’s one thing to teach college students to talk frankly about sex and not to have it without demonstrable pre-coital assent. Colleges are entitled to uphold their own standards of comportment, even if enforcement of that behavior is spotty or indifferent to the rights of the accused. It’s another thing to make sex a crime under conditions of poor communication.
  • Most people just aren’t very talkative during the delicate tango that precedes sex, and the re-education required to make them more forthcoming would be a very big project. Nor are people unerringly good at decoding sexual signals. If they were, we wouldn’t have romantic comedies.
  • “If there’s no social consensus about what the lines are,” says Nancy Gertner, a senior lecturer at Harvard Law School and a retired judge, then affirmative consent “has no business being in the criminal law.”
  • The example points to a trend evident both on campuses and in courts: the criminalization of what we think of as ordinary sex and of sex previously considered unsavory but not illegal.
  • But criminal law is a very powerful instrument for reshaping sexual mores.
  • most of these occupations already have codes of professional conduct, and victims also have recourse in the civil courts. Miscreants, she says, “should be drummed out of the profession or sued for malpractice.”
  • It’s important to remember that people convicted of sex crimes may not only go to jail, they can wind up on a sex-offender registry, with dire and lasting consequences.
  • We shouldn’t forget the harm done to American communities by the national passion for incarceration, either. In a letter to the American Law Institute, Ms. Smith listed several disturbing statistics: roughly one person in 100 behind bars, one in 31 under correctional supervision
  • the case for affirmative consent is “compelling,” he says. Mr. Schulhofer has argued that being raped is much worse than having to endure that awkward moment when one stops to confirm that one’s partner is happy to continue. Silence or inertia, often interpreted as agreement, may actually reflect confusion, drunkenness or “frozen fright,” a documented physiological response in which a person under sexual threat is paralyzed by terror
  • To critics who object that millions of people are having sex without getting unqualified assent and aren’t likely to change their ways, he’d reply that millions of people drive 65 miles per hour despite a 55-mile-per-hour speed limit, but the law still saves lives. As long as “people know what the rules of the road are,” he says, “the overwhelming majority will comply with them.”
  • He understands that the law will have to bring a light touch to the refashioning of sexual norms, which is why the current draft of the model code suggests classifying penetration without consent as a misdemeanor, a much lesser crime than a felony.
  • This may all sound reasonable, but even a misdemeanor conviction goes on the record as a sexual offense and can lead to registration
  • An affirmative consent standard also shifts the burden of proof from the accuser to the accused, which represents a real departure from the traditions of criminal law in the United States. Affirmative consent effectively means that the accused has to show that he got the go-ahead
  • if the law requires a “no,” then the jury will likely perceive any uncertainty about that “no” as a weakness in the prosecution’s case and not convict. But if the law requires a “yes,” then ambiguity will bolster the prosecutor’s argument: The guy didn’t get unequivocal consent, therefore he must be guilty of rape.
  • “It’s an unworkable standard,” says the Harvard law professor Jeannie C. Suk. “It’s only workable if we assume it’s not going to be enforced, by and large.” But that’s worrisome too. Selectively enforced laws have a nasty history of being used to harass people deemed to be undesirable, because of their politics, race or other reasons.
  • it’s probably just a matter of time before “yes means yes” becomes the law in most states. Ms. Suk told me that she and her colleagues have noticed a generational divide between them and their students. As undergraduates, they’re learning affirmative consent in their mandatory sexual-respect training sessions, and they come to “believe that this really is the best way to define consent, as positive agreement,” she says. When they graduate and enter the legal profession, they’ll probably reshape the law to reflect that belief.
  • Sex may become safer for some, but it will be a whole lot more anxiety-producing for others.
Javier E

The Last Cosby Defenders Throw In The Towel - 0 views

  • people treat sexual abuse differently than other crimes. Because the crime reveals icky things about our society and our continuing problem of gendered violence, a lot of people simply refuse to see it for what it is, either going into deep denial or holding accusations of rape to a much higher standard of evidence than they would any other crime.
  • The Cosby situation is a classic example of this. Public Policy Polling found, back in January, that despite the testimony of dozens of women, 41 percent of Americans remained unsure about Cosby’s guilt. Another 20 percent outright preferred to believe all those women were lying rather than admit that he probably did it. A minority of Americans—39 percent—were able to look at all these testimonials and accept the likely truth that he did it.
  • there’s a felony conviction in only 5 percent of rape cases. That is well beyond “innocent until proven guilty” and shows that eyewitness testimony is simply disregarded in rape cases to an extent that isn’t true in all other crimes. Fixing this situation requires everyone—not just cops and judges, but ordinary Americans who might sit a jury one day—to rethink our attitudes towards rape accusations.
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  • we should also learn to check that tendency to just immediately assume rape accusers are lying, a tendency that’s so out of control that many people believe or at least entertain the possibility that 30 women could somehow be conspiring to lie together for reasons unknown.
Emilio Ergueta

Hungarian Student Wins International Philosophy Olympiad - Hungary Today - 0 views

  • 17-year-old Hungarian student Iván Merker has won a shared gold medal at the 23rd International Philosophy Olympiad held in the Estonian city of Tartu, Henrik Farkas, leader of the Hungarian team and member of the Hungarian Society of Philosophy has disclosed.
  • Each year, two Hungarian students are invited to the International Philosophy Olympiad who have already proven their knowledge in the subject as finalists of a national competition for secondary school students and at the Hungarian qualifiers for the international event.
  • The jury evaluated the compositions based on five considerations: understanding of the subject, coherence, the ability to argue, originality and proficiency in the area.
Javier E

The Limits of Empathy - NYTimes.com - 0 views

  • People who are empathetic are more sensitive to the perspectives and sufferings of others. They are more likely to make compassionate moral judgments.
  • The problem comes when we try to turn feeling into action. Empathy makes you more aware of other people’s suffering, but it’s not clear it actually motivates you to take moral action or prevents you from taking immoral action. In the early days of the Holocaust, Nazi prison guards sometimes wept as they mowed down Jewish women and children, but they still did it.
  • These days empathy has become a shortcut. It has become a way to experience delicious moral emotions without confronting the weaknesses in our nature that prevent us from actually acting upon them
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  • “These studies suggest that empathy is not a major player when it comes to moral motivation. Its contribution is negligible in children, modest in adults, and nonexistent when costs are significant.” Other scholars have called empathy a “fragile flower,” easily crushed by self-concern.
  • empathy often leads people astray. It influences people to care more about cute victims than ugly victims. It leads to nepotism. It subverts justice; juries give lighter sentences to defendants that show sadness.
  • Empathy orients you toward moral action, but it doesn’t seem to help much when that action comes at a personal cost. You may feel a pang for the homeless guy on the other side of the street, but the odds are that you are not going to cross the street to give him a dollar.
  • It has become a way to experience the illusion of moral progress without having to do the nasty work of making moral judgments. In a culture that is inarticulate about moral categories and touchy about giving offense, teaching empathy is a safe way for schools and other institutions to seem virtuous without risking controversy or hurting anybody’s feelings.
  • People who actually perform pro-social action don’t only feel for those who are suffering, they feel compelled to act by a sense of duty. Their lives are structured by sacred codes.
  • Think of anybody you admire. They probably have some talent for fellow-feeling, but it is overshadowed by their sense of obligation to some religious, military, social or philosophic code. They would feel a sense of shame or guilt if they didn’t live up to the code. The code tells them when they deserve public admiration or dishonor.
  • The code isn’t just a set of rules. It’s a source of identity. It’s pursued with joy. It arouses the strongest emotions and attachments. Empathy is a sideshow. If you want to make the world a better place, help people debate, understand, reform, revere and enact their codes. Accept that codes conflict.
katherineharron

Central Park confrontation sends an ugly message (opinion) - CNN - 0 views

  • he story of Amy Cooper, the white woman who called the police on an African American man who was bird watching in Central Park and who asked her to leash her dog in accordance with park rules, is about racism, yes. But it's also about how racism is more than just whites' hostility toward people of color. Racism is more than a feeling; it's a system in which white people can and do exploit their own social positions, assumptions about their innocence, and the presumption that they're telling the truth.
  • That a black man has to rely on videotaped wrongdoing to be believed -- to protect himself from an agitated stranger advancing up on him, and to ultimately see something resembling justice
  • She refused to leash the dog, and, according to Christian Cooper's account on Facebook (where he posted a video of part of their encounter), he told her "Look, if you're going to do what you want, I'm going to do what I want, but you're not going to like it."
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  • Instead she stayed and would then escalate what Christian Cooper said had been a polite request into a conflict. That's an odd reaction for someone scared for her life.
  • Yet she walked toward him quickly, filling the video screen as she reaches toward his phone camera, with dog leash and her own phone in hand. He asked her to back away: "please don't come close to me," he said twice in a calm, firm voice.
  • "I'm going to tell them there's an African American man threatening my life." Christian Cooper responded, telling her to "please tell them whatever you like." And so she does: "There's a man, African American, he has a bicycle helmet," she said into her phone, her tone breathless and urgent. "He is recording me and threatening me and my dog."
  • "I'm being threatened by a man in the Ramble!" she cried into the phone. "Please send the cops immediately!"
  • Amy Cooper's decision to summon the police against a man who did nothing more than ask her to follow the rules reads as nothing short of a potential threat to his life.
  • She, a white woman (and she didn't have to even say that explicitly; she knew it would be grasped by whoever had answered the phone) would be seen as vulnerable and in need of protection, and her story would be believed on its face; he, a black man, would be seen as menacing and potentially dangerous, and his version of events would be doubted or disregarded.
  • Ahmaud Arbery, a black man in Georgia, was just out for a run last February when, authorities say, Gregory and Travis McMichael, two white men (one of them a former police officer, as it happened), grabbed their guns, chased him down, and shot him to death. They faced no criminal penalties and were simply let off the hook until a video emerged of their attack, and public outcry forced law enforcement to act. (The two have not been asked by a judge for a plea, and attorneys for the men have told reporters they committed no crimes, according to CNN reporting.) Without the video, the wheels of justice would likely never have even begun to turn.
  • We see again and again that African Americans who are victims of serious crimes need unimpeachable video evidence to be believed. Overwhelmingly, though, crimes are not caught on video. And even when they are, we have seen repeatedly that law enforcement often doesn't act until they are compelled by a huge public outcry. Without reliably fair law enforcement, there are simply few avenues for justice.
  • To be sure, it's easy to find legitimate criticism of Twitter "justice." But this only raises the more important question of why our formal mechanisms for justice are so often so inept at providing justice across racial lines -- why the very people and institutions we should be able to trust are instead often threats to the lives and safety of African Americans. When calling the cops is understood as a threat to a black person -- and sometimes even a threat to that person's life-- that's not just an indictment of the cop-caller, that's an indictment of the police, of prosecutors, of juries and of too many in a white American public willing to accept this reality.
  • Amy Cooper has issued an apology (she told CNN she wanted to "publicly apologize to everyone"), but in explaining her egregious actions, said "I'm not a racist. I did not mean to harm that man in any way." How do you not mean to harm someone when you call the police and falsely claim he is threatening you? "I think I was just scared," Amy Cooper said. "When you're alone in the Ramble, you don't know what's happening. It's not excusable, it's not defensible."
  • Her woe-is-me complaints are a bit hard to swallow given her own actions, which could have damaged or destroyed the life of an innocent man.
  • let's keep our eyes on the prize: a justice system that works, rather than one which so often accepts the word of white people at the expense of black lives and freedom.
tongoscar

Vagueness | The First Amendment Encyclopedia - 0 views

shared by tongoscar on 03 Nov 19 - No Cached
  • A law that defines a crime in vague terms is likely to raise due-process issues.
  • Vague laws raise problems with due process
  • a law is unconstitutionally vague when people “of common intelligence must necessarily guess at its meaning.”
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  • Thus, in overturning a California loitering law that required persons who wander or loiter on the streets to provide “credible and reliable” identification in Kolender v. Lawson (1983), the Supreme Court explained that “the void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory treatment.”
  • the requirement that every law clearly define and articulate “the right to be observed, and the wrongs to be eschewed. . . .”
  • These examples undoubtedly were known to early American commentators and jurists, who often reiterated the importance of clarity in criminal statutes. James Madison in Federalist No. 62 warns of the “calamitous” results if laws are “so incoherent that they cannot be understood. . . .” In an early federal court case, United States v. Sharp (1815), the Court argued that laws that “create crimes, ought to be so explicit in themselves, or by reference to some other standard, that all men, subject to their penalties, may know what acts it is their duty to avoid.”
  • Court has shown three reasons vague statutes are unconstitutional
  • First, due process requires that a law provide fair warning and provides a “persons of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly.”
  • Second, the law must provide “explicit standards” to law enforcement officials, judges, and juries so as to avoid “arbitrary and discriminatory application.”
  • Third, a vague statute can “inhibit the exercise” of First Amendment freedoms and may cause speakers to “steer far wider of the unlawful zone . . . than if the boundaries of the forbidden areas were clearly marked.”
manhefnawi

5 Criminals Who Claimed to Have Multiple Personalities | Mental Floss - 0 views

  • Psychiatrists have suggested that Milligan had as many as 24 personalities
  • The first jury to hear this case could not reach a consensus on the murder, and the prosecution eventually gave up those charges.
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