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katieb0305

Richmond, California: Paying kids not to kill - CNN.com - 0 views

  • But this is no ordinary group. The mentor is an ex-con working for the city. The teens are suspected of the worst types of crimes but haven't faced prosecution, for lack of evidence. The mentor's job: Get them to put down their guns, stop their violent ways and transform their lives beyond the streets.
  • Fueled by gang violence, neighborhood rivalries and large-scale unemployment among black youth, the violence led to 47 homicides in Richmond in 2007
  • The next year, Boggan saw the killings drop to 27 -- a 40% decline -- as he began his strategy of hiring reformed ex-cons and sending them into the most violent neighborhoods to keep the peace.
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  • And so Operation Peacemaker was born. Loosely based on an academic fellowship, the ONS program invites some of the most hardened youth into the fold: often teenage boys suspected of violent crimes but whom authorities don't have enough evidence to charge criminally.
  • They are hooked up with mentors -- the reformed criminals-turned-city workers -- who offer advice, guidance and support to get jobs. If the fellows show good behavior after six months, they can earn a stipend of up to $1,000 a month.
  • In the media, the fellowship is often dubbed "cash for criminals," which makes Boggan's eyes roll. He laughs because, although it's true, the program is so much more. And it's predicated on the most basic of human elements: "We harass them with love and kindness."
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.
  • But criminal law is a very powerful instrument for reshaping sexual mores.
  • 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.
  • 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.
  • 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 Triumph of Obama's Long Game - 0 views

  • Speaking of ideology versus reality, there is, it seems to me, a parallel on the left. That is the current attempt to deny the profound natural differences between men and women, and to assert, with a straight and usually angry face, that gender is in no way rooted in sex, and that sex is in no way rooted in biology.
  • This unscientific product of misandrist feminism and confused transgenderism is striding through the culture, and close to no one in the elite is prepared to resist it.
  • And so we have the establishment of gender-neutral birth certificates in Canada; and, in England, that lovely old phrase, “Ladies and Gentlemen,” is being removed from announcements on the Tube
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  • We have dozens of new pronouns in colleges (for all those genders that have suddenly sprung into existence), and biological males competing in all-female high-school athletic teams (guess who wins at track).
  • Worse, we have constant admonitions against those who actually conform, as most human beings always have, to the general gender rule.
  • We have gone from rightly defending the minority to wrongly problematizing the majority. It should surprise no one that, at some point, the majority will find all of this, as Josh Barro recently explained, “annoying.”
  • I say this as someone happily in the minority — and who believes strongly in the right to subvert or adapt traditional gender roles.
  • But you can’t subvert something that you simultaneously argue doesn’t exist.
  • the core contradiction of ideological transgenderism. By severing the link between sex and gender completely, it abolishes the core natural framework without which the transgender experience makes no sense at all.
  • It’s also a subtle, if unintentional, attack on homosexuality. Most homosexuals are strongly attached to their own gender and attracted to traditional, natural expressions of it. That’s what makes us gay, for heaven’s sake. And that’s one reason the entire notion of a common “LGBT” identity is so misleading. How can a single identity comprise both the abolition of gender and at the same time its celebration?
  • Exceptions, in other words, need a rule to exist. Abolish gender’s roots in biology and sex — and you abolish gay people and transgender people as well.
  • I’m not in favor of boycotting Israel when we don’t boycott, say, Saudi Arabia. But seriously: making it illegal?
  • Transgender people exist and should be treated with absolutely the same human respect, decency, and civil equality as anyone else. But they don’t disprove traditional notions of gender as such — which have existed in all times, places, and cultures in human history and prehistory, and are rooted deeply in evolutionary biology and reproductive strategy.
  • Intersex people exist and, in my view, should not be genitally altered or “fixed” without their adult consent. But they do not somehow negate the overwhelming majority who have no such gender or sexual ambiguity.
  • the entire society does not need to be overhauled in order to make gay or trans experience central to it. Inclusion, yes. Revolution, no.
  • The added problem with this war on nature is the backlash it inevitably incurs. There’s a reason so many working-class men find it hard to vote for Democrats any more. And there’s a reason why a majority of white women last year voted for a man who boasted of sexual assault if the alternative was a triumph for contemporary left-feminism.
  • You can’t assault the core identity of most people’s lives and then expect them to vote for you. As a Trump supporter in Colorado just told a reporter from The New Yorker: “I’ve never been this emotionally invested in a political leader in my life. The more they hate him, the more I want him to succeed. Because what they hate about him is what they hate about me.”
  • One of the features you most associate with creeping authoritarianism is the criminalization of certain political positions. Is anything more anathema to a liberal democracy? If Trump were to suggest it, can you imagine the reaction?
  • And yet it’s apparently fine with a hefty plurality of the Senate and House. I’m referring to the remarkable bill introduced into the Congress earlier this year — with 237 sponsors and co-sponsors in the House and 43 in the Senate — which the ACLU and the Intercept have just brought to light. It’s a remarkably bipartisan effort, backed by Chuck Schumer and Ted Cruz, among many solid Trump-resisting Democrats and hard-line Republicans.
  • it would actually impose civil and criminal penalties on American citizens for backing or joining any international boycott of Israel because of its settlement activities. There are even penalties for simply inquiring about such a boycott. And they’re not messing around. The minimum civil penalty would be $250,000 and the maximum criminal penalty $1 million and 20 years in prison. Up to 20 years in prison for opposing the policies of a foreign government and doing something about it!
  • Yes, there’s a range of gender expression among those of the same sex. But it’s still tethered among most to the forces of chromosomes and hormones that make us irreducibly male and female. Nature can be interpreted; it can even be played with; but it cannot be abolished. After all, how can you be “queer” if there is no such thing as “normal”?
  • Every now and again, you just have to sit back and admire the extraordinary skills of the Greater Israel lobby. You’ve never heard of this bill, and I hadn’t either. But that is partly the point. AIPAC doesn’t want the attention — writers who notice this attempted assault on a free society will be tarred as anti-Semites (go ahead, it wouldn’t be the first time) and politicians who resist it will see their careers suddenly stalled.
  • pointing out this special interest’s distortion of democracy is not the equivalent of bigotry. It’s simply a defense of our democratic way of life.
kushnerha

BBC - Future - The secret "anti-languages" you're not supposed to know - 2 views

  • speak an English “anti-language”. Since at least Tudor times, secret argots have been used in the underworld of prisoners, escaped slaves and criminal gangs as a way of confusing and befuddling the authorities.Thieves’ Cant, Polari, and Gobbledygook (yes, it’s a real form of slang) are just a few of the examples from the past – but anti-languages are mercurial beasts that are forever evolving into new and more vibrant forms.
  • A modern anti-language could very well be spoken on the street outside your house. Unless you yourself are a member of the “anti-society”, the strange terms would sound like nonsense. Yet those words may have nevertheless influenced your swear words, the comedy you enjoy and the music on your iPod – without you even realising the shady interactions that shaped them.
  • One of the first detailed records of an anti-language comes from a 16th Century magistrate called Thomas Harman. Standing at his front door, he offered food and money to passing beggars in return for nothing more than words. “He would say 'either I throw you in prison or you give me your Cant,'”
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  • “Slang may not represent us at our best, or our most admirable, but it represents us as human beings with anger, fear, self-aggrandisement, and our obsession with sex and bodily parts.”
  • This clever, playful use of metaphor would come to define anti-languages for Halliday. As you could see from the dialogue between the two Elizabethan ruffians, the strange, nonsensical words render a sentence almost impossible to comprehend for outsiders, and the more terms you have, the harder it is for an outsider to learn the code. It is the reason that selling words to the police can be heavily punished among underworld gangs.
  • All borrow the grammar of the mother language but replace words (“London”, “purse”, “money”, “alehouse”) with another, elliptical term (“Rome”, “bounge”, “lower”, “bowsing ken”). Often, the anti-language may employ dozens of terms that have blossomed from a single concept – a feature known as “over-lexicalisation”. Halliday points to at least 20 terms that Elizabethan criminals used to describe fellow thieves, for instance
  • Similarly, the Kolkata underworld had 41 words for police and more than 20 for bomb. Each anti-society may have its own way of generating new terms; often the terms are playful metaphors (such as “bawdy basket”), but they can also be formed from existing words by swapping around or inserting syllables – “face” might become “ecaf”, for instance.
  • striking similarities in the patois spoken by all three underground groups and the ways it shaped their interactions.
  • “The better you are, the higher the status between those users,” explains Martin Montgomery, author of An Introduction to Language and Society.
  • Halliday doubted that secrecy was the only motive for building an anti-language, though; he found that it also helps define a hierarchy within the “anti-society”. Among the Polish prisoners, refusing to speak the lingo could denigrate you to the lowest possible rung of the social ladder, the so-called “suckers”.
  • The concept of an anti-language throws light on many of the vibrant slangs at the edges of society, from Cockney rhyming slang and Victorian “Gobbledygook” to the “Mobspeak” of the Mafia and “Boobslang” found uniquely in New Zealand prisons. The breadth and range of the terms can be astonishing; a lexicography of Boobslang reaches more than 200 pages, with 3,000 entries covering many areas of life.
  • Consider Polari. Incorporating elements of criminal cants, the gypsy Romani language, and Italian words, it was eventually adopted by the gay community of early 20th Century Britain, when homosexuality was still illegal. (Taking a “vada” at a “bona omi” for instance, means take a look at the good-looking man). Dropping an innocent term into a conversation would have been a way of identifying another gay man, without the risk of incriminating yourself among people who were not in the know.
  • His success is a startling illustration of the power of an anti-language to subvert – using the establishment's prudish "Auntie"  to broadcast shocking scenes of gay culture, two years before the Sexual Offences Act decriminalised homosexuality. The show may have only got the green light thanks to the fact that the radio commissioners either didn’t understand the connotations
  • the song Girl Loves Me on David Bowie’s latest album was written as a combination of Polari and Nadsat, the fictional anti-language in Anthony Burgess’s A Clockwork Orange.
  • Montgomery thinks we can see a similar process in the lyrics of hip-hop music. As with the other anti-languages, you can witness the blossoming of words for the illegal activities that might accompany gang culture. “There are so many words for firearm, for different kinds of drug, for money,”
  • Again, the imaginitive terms lend themselve to artistic use. “There’s quite often a playful element you elaborate new terms for old,” Montgomery says. “To use broccoli as a word for a drug – you take a word from the mainstream and convert it to new use and it has semi-humorous twist to it.”
  • He thinks that the web will only encourage the creation of slang that share some of the qualities of anti-languages; you just need to look at the rich online vocabulary that has emerged to describe prostitution;
  • new, metaphorical forms of speech will also proliferate in areas threatened by state censorship; already, you can see a dozen euphemisms flourishing in place of every term that is blocked from a search engine or social network.  If we can learn anything from this rich history of criminal cants, it is the enormous resilience of human expression in the face of oppression.
Javier E

The Benefits of 'Binocularity' - NYTimes.com - 0 views

  • Will advances in neuroscience move reasonable people to abandon the idea that criminals deserve to be punished?
  • if the idea of deserving punishment depends upon the idea that criminals freely choose their actions, and if neuroscience reveals that free choice is an illusion, then we can see that the idea of deserving punishment is nonsense
  • “new neuroscience will undermine people’s common sense, libertarian conception of free will and the retributivist thinking that depends on it, both of which have heretofore been shielded by the inaccessibility of sophisticated thinking about the mind and its neural basis.”
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  • when university students learn about “the neural basis of behavior” — quite simply, the brain activity underlying human actions —they become less supportive of the idea that criminals deserve to be punished.
  • To see what is right — and wrong — with the notion that neuroscience will transform our idea of just deserts, and, more generally, our idea of what it means to be human, it can help to step back and consider
  • British philosopher Jonathan Glover. He said that if we want to understand what sorts of beings we are in depth, we need to achieve a sort of intellectual “binocularity.”
  • Glover was saying that, just as we need two eyes that integrate slightly different information about one scene to achieve visual depth perception, being able see ourselves though two fundamentally different lenses, and integrate those two sources of information, can give us a greater depth of understanding of ourselves.
  • Through one lens we see that we are “subjects” (we act) who have minds and can have the experience of making free choices. Through the other we see that we are “objects” or bodies (we are acted upon), and that our experiences or movements are determined by an infinitely long chain of natural and social forces.
  • intellectual binocularity itself is not easy to achieve. While visual binocularity comes naturally, intellectual binocularity requires effort. In fact — and this is one source of the trouble we so often have when we try to talk about the sorts of beings we are — we can’t actually achieve perfect binocular understanding.
  • We can’t actually see ourselves as subjects and as objects at the same time any more than we can see Wittgenstein’s famous duck-rabbit figure as a duck and as a rabbit at once. Rather, we have to accept the necessity of oscillating between the lenses or ways of seeing, fully aware that, not only are we unable to use both at once, but that there is no algorithm for knowing when to use which.
  • When I said in the beginning that there’s something right about the reasoning of those researchers who reject the idea that our choices are “spontaneous” and not determined by prior events, I was referring to their rejection of the idea that our choices are rooted in some God-given, extra-natural, bodyless stuff.
  • My complaint is that they slip from making the reasonable claim that such extra-natural stuff is an illusion to speaking in ways that suggest that free will is an illusion, full stop. To suggest that our experience of choosing is wholly an illusion is as unhelpful as to suggest that, to explain the emergence of that experience, we need to appeal to extra-natural phenomena.
  • Using either lens alone can lead to pernicious mistakes. When we use only the subject lens, we are prone to a sort of inhumanity where we ignore the reality of the natural and social forces that bear down on all of us to make our choices.
  • When we use only the object lens, however, we are prone to a different, but equally noxious sort of inhumanity, where we fail to appreciate the reality of the experience of making choices freely and of knowing that we can deserve punishment — or praise.
carolinewren

How Media Bias Is Killing Black America - The Root - 0 views

  • leads to both the erasure and criminalization of marginalized communities, has had dire consequences for both the psyches and lived experiences of black people in the United States since at least the 18th century,
  • “This is the press, an irresponsible press,” he said. “It will make the criminal look like he’s the victim and make the victim look like he’s the criminal. If you aren’t careful, the newspapers will have you hating the people who are being oppressed and loving the people who are doing the oppressing.”
  • Many studies have tackled implicit racial bias in law enforcement, health care and the legal field. In recent years, the phrase has become a buzzword used to broadly frame bigotry and racism as something so entrenched that some people aren’t aware that they subconsciously harbor racist feelings, associating black skin with negative behavior
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  • their “conditioning has been conditioned,” and marginalized groups are often left to pick up the pieces in the wake of brutality and/or neglect by those in positions of power, trust and influence.
  • tackles media bias (pdf) and how it indiscriminately pathologizes communities of color for mass consumption.
  • “Implicit bias impacts the way black communities are treated across practically all sectors of life in America, from courtrooms to doctors’ offices,
  • “The media is no different, whether it be the use of pejorative terms like ‘thug’ and ‘animal’ to describe protesters in Ferguson and Baltimore, or the widespread overreporting of crime stories involving black suspects in New York City.”
  • Media bias not only negatively impacts black America’s relationship with law enforcement and the judicial system (pdf) but also extends to how African Americans are perceived in society at large.
  • “Television newsrooms are nearly 80 percent white, according to the Radio and Television News Directors Association, while radio newsrooms are 92 percent white,”
  • “The percentage of minority journalists has remained between 12 and 14 percent for more than a decade.”
  • This lays the groundwork for an intrinsically racist media structure that, according to The Atlantic’s Riva Gold, means “news organizations are losing their ability to empower, represent, and—especially in cases where language ability is crucial—even to report on minority populations in their communities.”
tongoscar

Violence in Mexico peaks as cartels fight over drugs and avocados - Los Angeles Times - 0 views

  • Mexico’s multibillion-dollar avocado industry, headquartered in Michoacan state, has become a prime target for cartels,
  • More than a dozen criminal groups are battling for control of the avocado trade in and around the city of Uruapan,
  • After seizing control of the forest in March, the Viagras announced a tax on residents who owned avocado trees, charging $250 a hectare in “protection fees.”
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  • Homicides are at an all-time high in Mexico, which has long been home to the world’s most powerful and violent narcotics traffickers. Yet much of the killing today has little to do with drugs.
  • In Mexico City, bar owners in upscale neighborhoods must pay taxes to a local gang, while on the nation’s highways, cargo robberies have risen more than 75% since 2016.
  • Compared with drug trafficking, a complex venture that requires managing contacts across the hemisphere, these new criminal enterprises are more like local businesses. The bar to entry is far lower.
  • Mexican forces, with strong U.S. support, focused on capturing or killing cartel leaders. But that strategy backfired as the big cartels fractured into smaller and nimbler organizations that sought criminal opportunity wherever they could find it.
  • Security has become so tenuous that in June a group of avocado producers bought ads in several national newspapers warning of an “irreparable impact” to the industry unless officials address the problem.
  • In August, the U.S. Department of Agriculture temporarily suspended its avocado inspection program in a town near Uruapan after threats to some of its employees.
Javier E

The Psychopath Makeover - The Chronicle Review - The Chronicle of Higher Education - 0 views

  • The eminent criminal psychologist and creator of the widely used Psychopathy Checklist paused before answering. "I think, in general, yes, society is becoming more psychopathic," he said. "I mean, there's stuff going on nowadays that we wouldn't have seen 20, even 10 years ago. Kids are becoming anesthetized to normal sexual behavior by early exposure to pornography on the Internet. Rent-a-friend sites are getting more popular on the Web, because folks are either too busy or too techy to make real ones. ... The recent hike in female criminality is particularly revealing. And don't even get me started on Wall Street."
  • in a survey that has so far tested 14,000 volunteers, Sara Konrath and her team at the University of Michigan's Institute for Social Research has found that college students' self-reported empathy levels (as measured by the Interpersonal Reactivity Index, a standardized questionnaire containing such items as "I often have tender, concerned feelings for people less fortunate than me" and "I try to look at everybody's side of a disagreement before I make a decision") have been in steady decline over the past three decades—since the inauguration of the scale, in fact, back in 1979. A particularly pronounced slump has been observed over the past 10 years. "College kids today are about 40 percent lower in empathy than their counterparts of 20 or 30 years ago," Konrath reports.
  • Imagining, it would seem, really does make it so. Whenever we read a story, our level of engagement is such that we "mentally simulate each new situation encountered in a narrative," according to one of the researchers, Nicole Speer. Our brains then interweave these newly encountered situations with knowledge and experience gleaned from our own lives to create an organic mosaic of dynamic mental syntheses.
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  • during this same period, students' self-reported narcissism levels have shot through the roof. "Many people see the current group of college students, sometimes called 'Generation Me,' " Konrath continues, "as one of the most self-centered, narcissistic, competitive, confident, and individualistic in recent history."
  • Reading a book carves brand-new neural pathways into the ancient cortical bedrock of our brains. It transforms the way we see the world—makes us, as Nicholas Carr puts it in his recent essay, "The Dreams of Readers," "more alert to the inner lives of others." We become vampires without being bitten—in other words, more empathic. Books make us see in a way that casual immersion in the Internet, and the quicksilver virtual world it offers, doesn't.
  • if society really is becoming more psychopathic, it's not all doom and gloom. In the right context, certain psychopathic characteristics can actually be very constructive. A neurosurgeon I spoke with (who rated high on the psychopathic spectrum) described the mind-set he enters before taking on a difficult operation as "an intoxication that sharpens rather than dulls the senses." In fact, in any kind of crisis, the most effective individuals are often those who stay calm—who are able to respond to the exigencies of the moment while at the same time maintaining the requisite degree of detachment.
  • mental toughness isn't the only characteristic that Special Forces soldiers have in common with psychopaths. There's also fearlessness.
  • I ask Andy whether he ever felt any regret over anything he'd done. Over the lives he'd taken on his numerous secret missions around the world. "No," he replies matter-of-factly, his arctic-blue eyes showing not the slightest trace of emotion. "You seriously don't think twice about it. When you're in a hostile situation, the primary objective is to pull the trigger before the other guy pulls the trigger. And when you pull it, you move on. Simple as that. Why stand there, dwelling on what you've done? Go down that route and chances are the last thing that goes through your head will be a bullet from an M16. "The regiment's motto is 'Who Dares Wins.' But sometimes it can be shortened to 'F--- It.' "
  • one of the things that we know about psychopaths is that the light switches of their brains aren't wired up in quite the same way as the rest of ours are—and that one area particularly affected is the amygdala, a peanut-size structure located right at the center of the circuit board. The amygdala is the brain's emotion-control tower. It polices our emotional airspace and is responsible for the way we feel about things. But in psychopaths, a section of this airspace, the part that corresponds to fear, is empty.
  • Turn down the signals to the amygdala, of course, and you're well on the way to giving someone a psychopath makeover. Indeed, Liane Young and her team in Boston have since kicked things up a notch and demonstrated that applying TMS to the right temporoparietal junction—a neural ZIP code within that neighborhood—has significant effects not just on lying ability but also on moral-reasoning ability: in particular, ascribing intentionality to others' actions.
  • at an undisclosed moment sometime within the next 60 seconds, the image you see at the present time will change, and images of a different nature will appear on the screen. These images will be violent. And nauseating. And of a graphic and disturbing nature. "As you view these images, changes in your heart rate, skin conductance, and EEG activity will be monitored and compared with the resting levels that are currently being recorded
  • "OK," says Nick. "Let's get the show on the road." He disappears behind us, leaving Andy and me merrily soaking up the incontinence ad. Results reveal later that, at this point, as we wait for something to happen, our physiological output readings are actually pretty similar. Our pulse rates are significantly higher than our normal resting levels, in anticipation of what's to come. But with the change of scene, an override switch flips somewhere in Andy's brain. And the ice-cold Special Forces soldier suddenly swings into action. As vivid, florid images of dismemberment, mutilation, torture, and execution flash up on the screen in front of us (so vivid, in fact, that Andy later confesses to actually being able to "smell" the blood: a "kind of sickly-sweet smell that you never, ever forget"), accompanied not by the ambient spa music of before but by blaring sirens and hissing white noise, his physiological readings start slipping into reverse. His pulse rate begins to slow. His GSR begins to drop, his EEG to quickly and dramatically attenuate. In fact, by the time the show is over, all three of Andy's physiological output measures are pooling below his baseline.
  • Nick has seen nothing like it. "It's almost as if he was gearing himself up for the challenge," he says. "And then, when the challenge eventually presented itself, his brain suddenly responded by injecting liquid nitrogen into his veins. Suddenly implemented a blanket neural cull of all surplus feral emotion. Suddenly locked down into a hypnotically deep code red of extreme and ruthless focus." He shakes his head, nonplused. "If I hadn't recorded those readings myself, I'm not sure I would have believed them," he continues. "OK, I've never tested Special Forces before. And maybe you'd expect a slight attenuation in response. But this guy was in total and utter control of the situation. So tuned in, it looked like he'd completely tuned out."
  • My physiological output readings, in contrast, went through the roof. Exactly like Andy's, they were well above baseline as I'd waited for the carnage to commence. But that's where the similarity ended. Rather than go down in the heat of battle, in the midst of the blood and guts, mine had appreciated exponentially. "At least it shows that the equipment is working properly," comments Nick. "And that you're a normal human being."
  • TMS can't penetrate far enough into the brain to reach the emotion and moral-reasoning precincts directly. But by damping down or turning up the regions of the cerebral cortex that have links with such areas, it can simulate the effects of deeper, more incursive influence.
  • Before the experiment, I'd been curious about the time scale: how long it would take me to begin to feel the rush. Now I had the answer: about 10 to 15 minutes. The same amount of time, I guess, that it would take most people to get a buzz out of a beer or a glass of wine.
  • The effects aren't entirely dissimilar. An easy, airy confidence. A transcendental loosening of inhibition. The inchoate stirrings of a subjective moral swagger: the encroaching, and somehow strangely spiritual, realization that hell, who gives a s---, anyway? There is, however, one notable exception. One glaring, unmistakable difference between this and the effects of alcohol. That's the lack of attendant sluggishness. The enhancement of attentional acuity and sharpness. An insuperable feeling of heightened, polished awareness. Sure, my conscience certainly feels like it's on ice, and my anxieties drowned with a half-dozen shots of transcranial magnetic Jack Daniel's. But, at the same time, my whole way of being feels as if it's been sumptuously spring-cleaned with light. My soul, or whatever you want to call it, immersed in a spiritual dishwasher.
  • So this, I think to myself, is how it feels to be a psychopath. To cruise through life knowing that no matter what you say or do, guilt, remorse, shame, pity, fear—all those familiar, everyday warning signals that might normally light up on your psychological dashboard—no longer trouble you.
  • I suddenly get a flash of insight. We talk about gender. We talk about class. We talk about color. And intelligence. And creed. But the most fundamental difference between one individual and another must surely be that of the presence, or absence, of conscience. Conscience is what hurts when everything else feels good. But what if it's as tough as old boots? What if one's conscience has an infinite, unlimited pain threshold and doesn't bat an eye when others are screaming in agony?
Javier E

Michael Bloomberg: 6 ways to stop gun madness - 0 views

  • For more than a decade, both parties in Washington have mostly looked the other way when mass shootings occur. And they have mostly ignored the 34 victims who are murdered with guns every single day.
  • prohibit the manufacture and sale of the military-style assault weapons and high-capacity ammunition clips that have been used in too many mass shootings, including in Newtown. The previous ban on assault weapons expired in 2004. While President George W. Bush supported reinstating it, Congress never acted. The time has plainly come.
  • fix the broken background check system. Currently, nearly half of all gun sales in the U.S. are conducted without a background check. Criminals, the mentally ill, minors and domestic abusers are all prohibited from purchasing guns, but they all can do so as easily as attending a gun show or going online.
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  • fill the vacancy at the top of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), which has been without a director for six years.
  • make gun trafficking a felony. Gun rights advocates agree that penalties for illegal use and possession of guns should be stiffened -- and so should penalties on those who are engaged in gun trafficking.
  • requires the federal government to compel states to submit all necessary records on felons, domestic abusers, the seriously mentally ill and others to the background check system.
  • step up its prosecution of gun criminals who try to buy guns. In 2009, 71,000 people who had been convicted of gun crimes tried to buy guns by lying on their background checks. Yet the federal government prosecuted only 77 of those cases.
  • crack down on rogue gun dealers.
  • . If President Obama and Congress fail to lead, 48,000 Americans will be killed with guns over the next four years.
sandrine_h

Top court says evidence from hypnosis not reliable - Canada - CBC News - 0 views

  • The Supreme Court of Canada ruled Thursday that evidence obtained through hypnosis should not be used in criminal cases because testimony based on such evidence is not "sufficiently reliable" in a court of law.
  • evidence obtained through hypnosis has been used byCanadian courtsfor nearly 30 years.
  • the technique of hypnosis and its impact on human memory are not understood well enough for post-hypnosis testimony to be sufficiently reliable in a court of law
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  • hypnosis can, in certain circumstances, result in the distortion of memory.
  • Initially, the neighbour told police she saw Trochym on the afternoon of Thursday, Oct. 15, 1992,but after she underwent hypnosis at the request of police, she remembered she sawthe accusedleave on Wednesday afternoon.
  • In its ruling, the court said the dangers posed by problems with the evidence could deprive an accused of a fair trial.
  • But dissenting judges, in their reasons, expressed concern about the majority ruling in which hypnosis is described as a "novel science" and "hypnotically refreshed memories" are now consideredinadmissible as evidence. "This ignores the fact that the technique has been used in Canada for almost 30 years, and has been employed in Canadian criminal investigations to assist in memory retrieval of both Crown and defence witnesses for a similar amount of time," they wrote. "Hypnosis is not new science, nor is its use in forensic investigation new."
Javier E

Revelations That Ikea Spied on Its Employees Stir Outrage in France - NYTimes.com - 0 views

  • kea’s investigations were conducted for various reasons, including the vetting of job applicants, efforts to build cases against employees accused of wrongdoing, and even attempts to undermine the arguments of consumers bringing complaints against the company. The going rate charged by the private investigators was 80 to 180 euros, or $110 to $247, per inquiry, court documents show. Between 2002 and 2012, the finance department of Ikea France approved more than €475,000 in invoices from investigators.
  • the spying cases occurred in a country that, in the digital age, has elevated privacy to a level nearly equal to the national trinity of Liberté, Égalité and Fraternité.
  • Very little of the surveillance yielded information Ikea was able to use against the targets of the data sweeps. But court documents indicate that investigators suspect that Ikea may have occasionally used knowledge of personal information to quell workplace grievances or to prompt a resignation.
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  • Last month, the company’s current chief, Stefan Vanoverbeke, and financial director, Dariusz Rychert, were questioned along with Mr. Baillot for 48 hours by the judicial police before being placed under formal investigation. That set in motion a process in which the next step, if it comes, would be the filing of criminal charges.
  • In transcripts of police interviews, Mr. Paris and his colleagues in the risk management department acknowledged receiving frequent requests from Ikea store managers across France for criminal background checks, driving records and vehicle registrations — though only a fraction of those inquiries uncovered a notable offense. Usually the requests were limited to one or two people after a theft or a complaint of harassment among employees. But sometimes lists containing dozens of names of employees or job applicants were submitted for vetting, and then forwarded to one of a handful of trusted private investigators for processing.
Javier E

Specs that see right through you - tech - 05 July 2011 - New Scientist - 0 views

  • a number of "social X-ray specs" that are set to transform how we interact with each other. By sensing emotions that we would otherwise miss, these technologies can thwart disastrous social gaffes and help us understand each other better.
  • In conversation, we pantomime certain emotions that act as social lubricants. We unconsciously nod to signal that we are following the other person's train of thought, for example, or squint a bit to indicate that we are losing track. Many of these signals can be misinterpreted - sometimes because different cultures have their own specific signals.
  • n 2005, she enlisted Simon Baron-Cohen, also at Cambridge, to help her identify a set of more relevant emotional facial states. They settled on six: thinking, agreeing, concentrating, interested - and, of course, the confused and disagreeing expressions
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  • More often, we fail to spot them altogether. D
  • To create this lexicon, they hired actors to mime the expressions, then asked volunteers to describe their meaning, taking the majority response as the accurate one.
  • The camera tracks 24 "feature points" on your conversation partner's face, and software developed by Picard analyses their myriad micro-expressions, how often they appear and for how long. It then compares that data with its bank of known expressions (see diagram).
  • Eventually, she thinks the system could be incorporated into a pair of augmented-reality glasses, which would overlay computer graphics onto the scene in front of the wearer.
  • the average person only managed to interpret, correctly, 54 per cent of Baron-Cohen's expressions on real, non-acted faces. This suggested to them that most people - not just those with autism - could use some help sensing the mood of people they are talking to.
  • set up a company called Affectiva, based in Waltham, Massachusetts, which is selling their expression recognition software. Their customers include companies that, for example, want to measure how people feel about their adverts or movie.
  • it's hard to fool the machine for long
  • In addition to facial expressions, we radiate a panoply of involuntary "honest signals", a term identified by MIT Media Lab researcher Alex Pentland in the early 2000s to describe the social signals that we use to augment our language. They include body language such as gesture mirroring, and cues such as variations in the tone and pitch of the voice. We do respond to these cues, but often not consciously. If we were more aware of them in others and ourselves, then we would have a fuller picture of the social reality around us, and be able to react more deliberately.
  • develop a small electronic badge that hangs around the neck. Its audio sensors record how aggressive the wearer is being, the pitch, volume and clip of their voice, and other factors. They called it the "jerk-o-meter".
  • it helped people realise when they were being either obnoxious or unduly self-effacing.
  • y the end of the experiment, all the dots had gravitated towards more or less the same size and colour. Simply being able to see their role in a group made people behave differently, and caused the group dynamics to become more even. The entire group's emotional intelligence had increased (
  • Some of our body's responses during a conversation are not designed for broadcast to another person - but it's possible to monitor those too. Your temperature and skin conductance can also reveal secrets about your emotional state, and Picard can tap them with a glove-like device called the Q Sensor. In response to stresses, good or bad, our skin becomes clammy, increasing its conductance, and the Q Sensor picks this up.
  • Physiological responses can now even be tracked remotely, in principle without your consent. Last year, Picard and one of her graduate students showed that it was possible to measure heart rate without any surface contact with the body. They used software linked to an ordinary webcam to read information about heart rate, blood pressure and skin temperature based on, among other things, colour changes in the subject's face
  • In Rio de Janeiro and Sao Paolo, police officers can decide whether someone is a criminal just by looking at them. Their glasses scan the features of a face, and match them against a database of criminal mugshots. A red light blinks if there's a match.
  • Thad Starner at Georgia Institute of Technology in Atlanta wears a small device he has built that looks like a monocle. It can retrieve video, audio or text snippets of past conversations with people he has spoken with, and even provide real-time links between past chats and topics he is currently discussing.
  • The US military has built a radar-imaging device that can see through walls to capture 3D images of people and objects beyond.
Javier E

Why Trump's 'animals' remark should make everyone angry - The Washington Post - 0 views

  • why did so many people get so angry when President Trump said “These are animals” in response to a remark about a gang called MS-13?
  • Obviously, because he wasn’t just stating a simple fact; he was using those words to demote those people from the human race.
  • And by the transitive property, to demote immigrants from the empathy and consideration that decent people extend to other human beings.
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  • there is a plausible reading of Trump’s words that refers to the gang, or similar criminals, not to immigrants in general. But in light of Trump’s history, that surface reading isn’t enough.
  • the “animals” controversy illustrates a broader truth: It’s a common human failing to characterize outgroups by the worst examples we can find while dismissing our own bad apples as isolated minorities who have nothing to do with the rest of us.
  • It’s instructive to compare Trump’s harsh language about immigrant “animals” with his response to a direct question about a different group of people behaving badly. After white nationalists staged marches in Charlottesville, culminating in a death, Trump was at pains to distinguish the Nazis from the “people in that group that were there to innocently protest.”
  • He’s less careful when immigrants are involved. Immigrants actually have a lower crime rate than native-born Americans , yet Trump sure seems to spend an awful lot of time talking about the small fraction who are criminals.
  • in the succeeding days, he has seemed obsessed with repeating the word “animals” every time the social media storm threatened to die down.
  • Consider how conservatives feel, for example, when the left focuses disproportionate energy on the tiny portion of the population that belongs to the alt-right or to white-nationalist groups.
  • Or consider the lingering indignation over Barack Obama’s suggestion that in some small towns in the Midwest and Pennsylvania, where the economy has been devastated by de-industrialization, some people “get bitter, they cling to guns or religion or antipathy to people who aren’t like them.”
  • Obama wasn’t making an abstract observation about human psychology; he was implying that while Democrats come to their views through thoughtful reflection, the Republican rubes simply react to environmental stimulus, like amoebas.
anonymous

Opinion | How to Fix the Debate Over Guns - The New York Times - 0 views

  • We can find real solutions to gun violence if we recognize the trauma it causes.
  • In the span of a week, two acts of public violence have stolen the lives of 18 people and provided a stark reminder of the mass gun violence that characterized the pre-Covid United States
  • Gun violence did not go away during 2020. Gun homicides jumped 25 percent from the year before, apparently fueled in part by a rise in intimate partner violence
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  • In the U.S., people often reach for more guns as a response to mass shootings and in anticipation of needing a method of home protection, but also — as we saw in 2020 and into 2021 — in response to presidential elections, political unrest and mass-scale infectious disease.
  • Gun violence entails immediate physical trauma, but it also elicits forms of trauma that can ricochet far beyond its initial target
  • If we understand trauma as social, psychological and physical responses to experiences that cannot be assimilated into an individual’s existing understandings of themselves and the world around them, then gun trauma goes far beyond
  • Having someone taken through gun violence, surviving gun violence oneself, even hearing gunshots tears at our basic sense of safety, of security and of self
  • Research has found that surviving or being exposed to gun violence survival is associated with an increased risk of symptoms linked with PTSD (including anxiety and depression) in both urban and rural contexts, short-term decreases in reading ability, vocabulary, and impulse control, unemployment and substance use and even shifts in friendship formation
  • While gun trauma most certainly shapes the aftermath of shootings, it also shapes our day-to-day decisions and sensibilities far beyond specific acts of gun violence
  • Policies that purport to end the trauma of gun violence by increasing the punitive surveillance of individuals with mental illness, increasing police presence and surveillance of students at schools, or bringing more people into contact with the criminal justice system may ultimately create more, if different, trauma.
  • This trauma-violence cycle cannot break itself — but certainly has the power to break us.
  • Gun trauma is implicated in how guns harm us, why we turn to guns, and — to the extent that we depend on punitive criminal justice approaches to address it — how we attempt to solve the problem of gun violence.
  • We must dismantle this trauma-violence cycle, and the first step is centering gun trauma within the gun debate and addressing gun violence
  • what this might look like: the Community Justice Action Fund and Revolve Impact’s By Design campaign, which aims to “change the conversation” on gun violence by elevating leaders of color to “interrupt systems of violence and ultimately build power for communities most impacted by gun violence”
  • Approaching guns from the perspective of trauma will require some imagination — and some courage
aprossi

Kevin Seefried, seen carrying Confederate flag inside Capitol during riot, arrested - CNN - 0 views

  • Man carrying Confederate flag inside the US Capitol during riot arrested, identified as Kevin Seefried
  • The FBI has arrested Kevin Seefried, seen carrying a Confederate flag inside Capitol Hill, according to a federal criminal complaint.
  • Seefried had been a focus of the FBI's efforts to get the public to help them identify riot participants. The complaint identifies him as the man seen in the photos, widely circulated online, carrying a large Confederate flag inside the US Capitol during the January 6 siege.
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  • Kevin Seefried told the FBI he had brought the Confederate flag with him to Washington from his home in Delaware, where he normally displays it outside.
  • Seefried was charged with knowingly entering or remaining in any restricted building or grounds without lawful authority, and violent entry and disorderly conduct on Capitol grounds.
  • Some people who stormed the Capitol have already come forward or have been identified by CNN and other news organizations. Many face criminal charges, and some have lost or left their jobs because of their participation.
clairemann

How a Global Ecocide Law Could Hold Polluters to Account | Time - 0 views

  • When a Nigerian judge ruled in 2005 that Shell’s practice of gas flaring in the Niger Delta was a violation of citizens’ constitutional rights to life and dignity, Nnimmo Bassey, a local environmental activist, was thrilled.
  • “For the first time, a court of competence has boldly declared that Shell, Chevron and the other oil corporations have been engaged in illegal activities here for decades,” Bassey said on Nov. 14, 2005, the day the Federal High Court of Nigeria announced the ruling. “We expect this judgement to be respected and that for once the oil corporations will accept the truth and bring their sinful flaring activities to a halt.”
  • “Shell could ignore [the case] because it wasn’t in the international media but if it had gone to the ICC, it would have gotten global attention and shareholders would have known what the company was doing,” he says. “If we had had an ecocide law, things would have turned out differently.”
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  • Yet the judgement was not respected. A United Nations report published six years later found that Shell had not followed its own procedures regarding the maintenance of oilfield infrastructure. Today, Shell is still gas flaring in the Niger Delta.
  • The word “ecocide” is an umbrella term for all forms of environmental destruction from deforestation to greenhouse gas emissions.
  • Although there are questions about whether the ICC as an institution has the teeth to prosecute any crimes, Bassey and other activists believe the law will act as a powerful deterrent against future forms of environmental destruction. “We will not get different outcomes in cases of exploitation and marginalization unless we reimagine the laws that govern us,” Bassey says.
  • In December 2020, lawyers from around the world gathered to begin drafting a legal definition of ecocide.
  • The term ecocide first rose to the public consciousness in 1972, when Olof Palme, the premier of Sweden, used the term at a United Nations environmental conference in Stockholm to describe the environmental damage caused by the Vietnam War. At the conference, an ecocide convention was proposed but never came to pass.
  • “My recollection is that there was just no political support for it,” says Philippe Sands, who was involved in drafting the preamble of the Rome Statute in 1998 (and who would go on to co-chair the expert panel formed in 2020 to draft a legal definition of ecocide). Environmental destruction, Sands says, was not on the public’s consciousness.
  • Environmental advocates believe an ecocide law at the ICC would be groundbreaking. While some countries have national laws on environmental harm, there is no international criminal law that explicitly imposes penalties on individuals responsible for environmental destruction. If adopted, experts say there are three main areas where an ecocide law would make a difference.
  • The first is the symbolic impact of having the ICC elevate environmental destruction to the same level as genocidal crimes
  • The second area where this law could make a difference is by setting a legal precedent, creating a bandwagon effect where international law could prompt changes in national criminal laws, as countries look to signal their environmental commitment to others.
  • The third way an ecocide law could be useful is by prosecuting environmental crimes that fall outside of national jurisdictions.
jmfinizio

Kevin Seefried, seen carrying Confederate flag inside Capitol during riot, arrested - CNN - 0 views

  • The FBI has arrested Kevin Seefried, seen carrying a Confederate flag inside Capitol Hill, according to a federal criminal complaint.
  • Seefried had been a focus of the FBI's efforts to get the public to help them identify riot participants.
  • Kevin Seefried told the FBI he had brought the Confederate flag with him to Washington from his home in Delaware,
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  • Many face criminal charges, and some have lost or left their jobs because of their participation.
jmfinizio

Capitol riot investigation: 275 cases are open, US prosecutors say - CNNPolitics - 0 views

  • US investigators have opened up 275 criminal cases and charged roughly 98 individuals in connection to last week's pro-Donald Trump riot at the US Capitol,
  • they are focused on rounding up the most violent offenders.
  • Some of the individuals who breached the Capitol intended to "capture and assassinate elected officials,"
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  • Law enforcement officials did not deny they are investigating allegations that Capitol Police and lawmakers were involved in the riot.
  • "we don't have any direct evidence of kill-capture teams,"
  • Some of the pro-Trump rioters who rampaged the Capitol were heard screaming "where's Mike Pence" and seen on video shouting "hang Mike Pence"
  • Authorities are investigating a growing number of current law enforcement officers who allegedly participated in the riots.
  • , if you are conducting or engaged in criminal activity, we will charge you and you will be arrested,"
  • Prosecutors have noted in court filings how several charged defendants have already spoken to investigators about the riot and how many have posted about their experience or footage they took of the riots on social media.
ilanaprincilus06

'Hidden Brain': How Psychology Was Misused In Teen's Murder Case : NPR - 1 views

  • dubious psychological techniques were used to put a teenager behind bars for life. These flawed ideas may still be at play in other criminal cases.
  • but in the '70s, hypnosis seemed like a powerful tool to use in criminal investigations. So when police found Jeffrey Boyajian's body slumped against a dumpster in 1979, they relied on hypnosis to find suspects.
  • This idea that you can pluck a memory from your mind and then use hypnosis to zoom in on it like a sports replay runs counter to what researchers now know about how the mind works.
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  • Memory does not work like that. It does not work like a video camera or a DVR.
  • hypnosis-induced testimony is problematic.
  • If your goal is to get people to get to their - to the actual memory for the actual scene in question, if they didn't encode it at the time, it's probably not there to be retrieved.
  • The judge felt Clay should not be treated as a child. This decision was based in part on the outcome of a Rorschach test where a person is asked to look at an inkblot and describe what he sees.
  • They're not listening to the truth. They don't accept the truth. And when I was growing up, they had this notions about kids should be seen and not heard. And I was being seen, but I was not being heard.
  • the Justice Department's manual for federal prosecutors says that, in rare cases, forensic hypnosis can aid investigations.
  • according to the National Registry of Exonerations, there have been at least 10 cases of wrongful conviction that involve hypnosis. Clay would still be in prison today, but a few years ago, he was granted parole and Lisa Kavanaugh helped get his conviction thrown out.
  • Fred Clay's codefendant, James Watson, is still serving out his sentence. Watson's guilty verdict was based in part on the same problematic eyewitness testimonies that put Clay in prison. Watson is now seeking to have his conviction overturned. Shankar Vedantam, NPR News.
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.”
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