Wednesday, December 7, 2011

In Praise of Julian Heicklen

 

What??  You've never heard of Julian Heicklen??  I thought everybody had heard of Julian Heicklen!!

Julian Heicklen is a retired Penn State professor just recently arrested in downtown Manhattan for jury tampering.  Right out there in public.  In front of God and everybody.  Right in front of the federal courthouse.

Julian was arrested for passing out flyers, some of his own making, others provided to him by FIJA, The Fully-Informed Jury Association.

FIJA has as their mission and goal to inform everyone who might ever become a member of a jury of their natural right to judge both the law and the facts concerning the case at hand.  And here you thought the jury only got to decide whether the perp did it or not, didn't you?  Nope.  You also get to decide whether the perp was justified in doing whatever was done.  This tradition has a long and colorful history.  It is mentioned in the Magna Carta (1215 AD) as one of those rights the people can invoke against the King.

The Salem Witch Trials ended when prosecutors suffered 62 consecutive acquittals by juries that were tired of seeing their grandmothers burned at the stake, hung, drawn-and-quartered, and ducked in the local pond until they drowned.

John Peter Zenger, publisher of the New York Weekly Journal, walked out of court a free man when a 1735 jury decided that printing the truth could never be considered 'libel', even if it embarrassed the Colonial Governor.  This case was the precedent for our own First Amendment.

Prosecutors similarly gave up prosecuting fugitive slaves after one Northern jury after another refused to send people to jail just for helping slaves escape.

If you get called for jury duty these days, you will be asked to swear an oath that you will administer the law as the judge explains it.  You swear that you won't give a hoot about whether or not the law is good, bad, or indifferent, and that you will convict the defendant for violating a bad law exactly as you would convict for violating a good law.

Did you miss that?  If Congress passes a law saying all Presbyterians have to move to Kansas and Nebraska — (they wouldn't, but let's just say they did) — you will send that Presbyterian to jail for the crime of 'living in Texas'.

"That's silly," I hear you say,  "Congress would never pass a law like that!"  Oh, yeah?  How about...  The USA PATRIOT Act that wipes out the Fourth Amendment (among other things)?  How about the new National Defense Authorization Act that purports to allow the Army to arrest U.S. citizens on U.S. soil without a warrant and hold them indefinitely without trial merely on someone's accusation that they are a 'terrorist'?  Recall that during the Second World War, President Roosevelt ordered all Japanese-Americans interned (in 'concentration camps').  Given those examples, how far are we away from "packin' all them Jews into boxcars"?

The judge has no authority to require that oath, and you have no obligation to answer it truthfully.

So Julian is defending himself (he is acting as an attorney pro se) because he will likely raise some or all of these points at trial, and a licensed attorney who did so would very likely be disbarred.  Acting pro se also has another advantage:  what's the judge going to do to Heicklen?  Throw him in jail for 'contempt'?  He's already in jail.

The prosecutor, one Rebecca Mermelstein, also has something of a problem.  She's going to have to explain to a jury that Professor Heicklen committed a crime by espousing his opinion in public and that the First Amendment doesn't cover what he did.  She's going to have to explain that if the law ever requires Jews to wear an armband with a yellow Star of David, she, Rebecca Mermelstein, will encourage all her family to comply and will prosecute any of them who don't.  Oh, dear.

If the judge, Jack Weinstein, tries to suppress questioning along those lines he may find himself in a similarly uncomfortable position.

Along the way, the jury's historical power to acquit even in the face of evidence of guilt will garner more publicity than FIJA has ever been able to get on its own.  The Law of Unintended Consequences strikes again!

Until the 20th century, it was fairly common for judges to instruct juries that they had virtually unlimited power — to acquit.  If the prosecutor brings a charge of 2nd-degree manslaughter, the jury cannot bump that charge to 1st-degree murder, but a charge of 1st-degree murder can be softened to something lesser.  Similarly, a jury may decide

  • this is a good law and he violated it — guilty, go to jail
  • he violated the law, but I don't think the law was ever intended to apply in a case like this — not guilty
  • I'm not going to let you enforce this obscene law in this jurisdiction — not guilty;  I don't care whether he did it or not.

Even when the jury brings in a 'guilty' verdict, the judge can still issue a JNOV (judgment non obstante veredicto), a judgement notwithstanding the verdict, and acquit, but the judge cannot overrule a 'not guilty' verdict.  Further, if the jury says 'guilty', the accused may appeal.  If the jury says 'not guilty', it's 'game over' — the prosecution cannot appeal unless there has been a demonstrable failure of the system.  The whole process is biased in favor of 'not guilty'.

Professor Heicklen's trial is going to be very interesting.  Keep your eyes peeled.

 

Tuesday, November 29, 2011

Appreciating the Heavens

 

Since acquiring a dog...  about four years ago this week, as a matter of fact...  Norene and I have been paying more attention to what's above us.  That's because Riqui's (officially 'Suncatcher's Periquita') last walk of the day happens between 10:30pm and 11:30pm.  We have started to pay more attention to things like 'summer constellations' and 'winter constellations' and phases of the moon (because we can walk the golf course's cart paths from about half-moon through full-moon and for a few days after).

The moon rises about 50 minutes later every day.  Because the moon's cycle is about 28 days (more or less), it rises 1/28th of a day later each day.  There are 1,440 minutes in a day, and 1/28th of that is 51 minutes and 20-some-odd seconds.  Seven days' worth of that is 358+ minutes — pretty close to 6 hours.  At 'new moon', the moon rises just around dawn.  Half-moon (first quarter) is seven days later and has the moon rising around noon.  At full-moon, the moon rises near sunset — the sun and moon are on opposite sides of the Earth.  That's what makes the moon 'full'.  From full moon on, the moon rises closer to sunrise than to sunset.  Last quarter has the moon rising around midnight.

The stars are a different matter.  The stars make a complete circuit (360 degrees) over the course of a year — 365 days — close enough for government work.  The stars rise 1/360th of a day earlier each day.  That comes out to about four minutes (plus or minus).  Thirty days times four minutes is 120 minutes, two hours, 1/12 of a day, and one sign of the zodiac.

Over the course of a year, someone who looks up at the sky about the same time every night will watch the sky gradually change as the moon and the constellations creep across the firmament.

I recommend it highly.

 

Tuesday, November 22, 2011

Letters to the Editor


I'm an inveterate letter-writer.  I rap out snarlygrams to the St.Petersburg Times on a regular basis... or did.  They tend not to print my letters anymore.  I suspect I pissed Martin Dyckman off once too often and have been banned in perpetuity.  On the rare occasion they do print a letter, they invariably send it through the editorial meat-grinder first so that any point I might have been trying to make gets lost on the cutting room floor.

I think I'll just publish them here.

 

09/02/2006

Subject: Price of Freedom?

A letter-writer Thursday cites the Alamo, the battleship Maine, Pearl Harbor, and 9/11 as "the price of freedom".  This writer badly needs a lesson in history.

In 1836, Texians (don't forget the "i") seceded from Mexico, and became an independent nation for 9 years before joining the United States.

The battleship Maine was destroyed by an explosion in a coal bunker, but it was a great excuse for us to grab some territory.  No sabotage was involved.

It is now well-documented that FDR knew of the attack on Pearl Harbor in advance and declined to warn our sailors there because he wanted us in that war;  this is much closer to "treason" or "accessory to murder" than it is to "price of freedom".  Any infamy that day came from 1600 Pennsylvania Avenue.

I suspect that the next 10 or 20 years will also give us a different perspective on 9/11.

 

10/02/2006

Subject: It --does-- matter!

A letter-writer Saturday (Iraq has to be fixed) asserts:  "[everyone] knows[s] the war in Iraq should never have been started.  That doesn't matter anymore."

It certainly does matter, because if we come to believe that it doesn't matter, then it will happen again, although it is difficult to see how that might be worse than the present situation.

Legislation just passed by our Congress cancels habeas corpus and fundamental procedural rights of due process that stretch back to the Magna Carta.  Federal grand-jury indictments for terrorism are no longer necessary.  Under the new law, criminal prosecutions for terrorism can now be handled by the military, which is part of the executive branch of government, rather than by the judicial branch.  There will no longer be any right to a jury trial in which the jury consists of ordinary citizens.  Military personnel will decide the guilt or innocence of the accused and, unlike in federal-court proceedings, will be permitted to rely on hearsay evidence and evidence acquired by torture to convict the defendant.  Right to counsel will be limited.  There will no longer be a right to a speedy and public trial.  Military judges, not independent federal judges, will preside over the proceedings.  The military will be free to inflict cruel and unusual punishments on those judged to be terrorists, and being a citizen will not save you because anyone can be labelled a 'terrorist'.  In fact, this letter might get me thrown in jail, next to the editors of the StPetersburg Times for printing it.

Until we decide that such things do matter and introduce our presidents and generals to a breathtaking new use for hemp, we can no longer call ourselves 'the land of the free'.  This nation of sheep has at last begotten a government of wolves.

 

02/14/2007

Subject: No guns allowed

The shooting at a Salt Lake City mall occurred in a place posted as "No guns allowed".  All the shoppers were unarmed because they were all law-abiding citizens...  all except one.

The next time someone says "oh, we can't allow guns here...  they're so dangerous!"  point them at the Trolley Square Mall in SLC.  All the disarmed shoppers were lambs before the slaughter until an off-duty police officer from some other city stepped up to the plate.

Except for Trolley Square's "No guns allowed" policy, some of those shoppers might still be alive.

 

03/30/2007

Subject: Kangaroo conviction

Interesting, the case of David Hicks, former kangaroo-skinner, now convicted terrorist:  in order to be convicted, he had to 'prove' his guilt to the military tribunal.  Funny, I always thought that was the prosecution's job!  Lucky for them they managed to get a "voluntary" confession out of him.

Part of his 'plea-deal' is that he also promises never to say that he was mistreated at Camp X-Ray.  I guess we'll never have to face hearing him suggest it was a case of "confess or stay here forever".

For those of you who say it can't happen here, it has now happened here.

 

04/15/2007

Subject: Virginia Tech

Those who say we can't do anything to prevent horrific events such as happened Monday at Virginia Tech are just plain wrong.

Virginia Tech is a "gun-free zone".  A student who brings a firearm onto school grounds risks expulsion or suspension.  Those who wish to actually graduate from college won't risk expulsion, so they go unarmed.  It is they who become victims when a nut-case decides to make headlines.

We will never see the end of mass-slayings until we get past the bizarre notion that rendering law-abiding citizens 'prey' makes them safer.  By all means, keep guns out of the hands of criminals, but let's not delude ourselves into thinking it's possible to disarm everyone and thus prevent the next outrage.  That sort of utopian delusion just sets us up by inviting us to remain unprepared.

It's time for us to grow up and face reality.  Not all guns take lives;  some of them save lives.

 

09/02/2007

Subject: Florida's Early Primary

The Democratic and Republican parties are treating Florida's primary as if they were paying the bill for it.  Here's news for them:  they're not.

If they want control over the conduct and the timing of Florida's primaries, let them get out their checkbooks.  I'm sure the taxpayers of Florida will gladly allow them full control over all aspects of the primary process — for a small fee.

 

09/30/2007

Subject: Private roads are dead end for Florida

The Times' objection to private roads in Florida is that "motorists would get stuck with the bills", but who gets stuck with the bills for state-owned roads?  Answer:  everybody!

Has the Times forgotten so soon the collapse of the I-35 bridge in Minneapolis?  It wasn't even two months ago!  That state-owned bridge on that state-owned highway collapsed because of poor maintenance.  I wonder what kind of maintenance a private owner would have done on that bridge given the choice of "revenue if it stays up" and "lawsuits if it comes down"?  Of course, the state doesn't have to worry about lawsuits because of their sovereign immunity.  That's why they can afford to skimp on maintenance.

So...  which would you prefer:  higher bridge tolls or higher death tolls?

 

10/09/2007

Subject: WI officer shot self 3 times?

The AP report on the berzerk WI deputy who killed six and himself reports that he "shot himself in the head three times with a pistol".

If he was that bad a shot, how did he manage to kill six people?

It seems far more likely that the AR-15 he was carrying  (a true assault rifle, unlike those available to ordinary people)  was set to '3-shot-burst' and that he shot himself, not with his .40 caliber pistol, but with the AR-15 machinegun the police department issued to him.

And you think  we  can't be trusted with those things??

 

07/19/2008

Subject: Guns in homes

I find it disturbing that the Times would publish yet another diatribe from yet another uninformed ideologue.  I refer, of course, to  "Guns in our homes put children at risk"  by Peter Gorski (7/19 Opinion).  Even more disturbing is that you positioned it right next to an article on Hubert Humphrey who, were he alive today, would be writing an angry letter to the Times.

Gorski, a pediatrician, tries to make us believe that accidental shootings of children are "all too common".  With 300 million firearms in the hands of 80 million gun owners, "all too common" would mean a million dead children each year.  Next to that, 5,000 deaths  (if that number is actually true)  is statistically insignificant.  In fact, Gorski here includes "children" up through age 24, many of whom are killed in drug-related turf wars — hardly 'accidents'.

Then Gorski points out that private handguns did not prevent the events of 9/11.  Well, duhhh!  Anyone who brought a gun to carry on those planes was arrested before they got to the gate.  How stupid does Gorski think we are?  (Don't answer that.)

Studies that Gorski doesn't cite suggest that private handguns prevent between 400,000 and 2,500,000 violent crimes each year, and almost none of them involved a loud noise — or a newspaper article, or a police report.  Gorski is trying to convince us to save those 5,000 "children" but let those 2.5 million violent crimes be completed successfully.  Remind me not to take my kids to him for medical care;  this doctor doesn't understand 'triage'.

Gorski calls gun prohibition  "the one fail-safe solution", ignoring its unintended consequences.  What would Hubert Humphrey say?  “Certainly one of the chief guarantees of freedom under any government, no matter how popular and respected, is the right of citizens to keep and bear arms....  The right of citizens to bear arms is just one guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America but which historically has proven to be always possible.”  That's what Humprey said.

"Hubert's generation has largely disappeared", David Shribman says in the article next to Gorski's tripe.  Indeed.

 

02/22/2009

Subject: re: Guess which ones carry guns (Opinions, 2/22/09)

Within the week, the (Memphis TN) Commercial Appeal posted a searchable database of all Tennessee concealed handgun licensees on the debatable assumption that the people of Tennessee had a right to know who among them was armed.  The law in that state allows news organizations to acquire the complete list, but the C/A's abuse of that 'loophole' is about to result in TN closing off all access.  The law here is just the opposite and the Times is upset that they cannot bleat far-and-wide the names, addresses, phone numbers, and birthdates of Florida's armed law abiding citizens because timid Floridians are in such great danger from them.

The canard that everyone else is much less safe because of armed law-abiding citizens (ALCs) is a patent falsehood which would have become as apparent to you as it is to everyone else had you done any research at all on the topic.  You would easily have discovered, for instance, that where such records are kept they indicate that ALCs are among the safest of weapons carriers.  You could have published that fact rather than the hoplophobic editorial you did publish.

You would have discovered that ALCs are 5.7 times less likely to be arrested for violent acts than is the general public, and that they are 13.5 times less likely to be arrested for anything than is the general public.  Note, by the way, that these are arrests, not convictions.  Tell me again how dangerous ALCs are?

As for the nonsense that ALCs are less-well-trained than the police, you would have discovered that 11% of police shootings involve the death of an "innocent bystander" but only 2% of ALC shootings.  The typical police officer goes to the range when it's time to 'qualify' and shoots (maybe) 100 rounds.  Your typical ALC uses thousands (plural) of rounds each year, and I know some who use tens of thousands.  Tell me again how much danger Floridians are in?

The people of Florida are at no time safer than when they are sitting next to an ALC, and the more ALCs there are, the less anxious criminals are to ply their trade.  Far from whining that you can't tell who's carrying and who isn't, you should be lobbying the legislature to make range time mandatory for all Floridians.

Of course, then crime would plummet and what would you have to write about?  I see your dilemma.

 

11/14/2010

Subject: "Vouchers only for the faithful" (11/14)

Robyn Blumner makes a fairly obvious error when she criticizes  "Vouchers only for the faithful" (11/14).  She assumes that tax money is the rightful property of the state.  Perhaps in some other system of government it is.  Our system is founded on the notion that only people have rights.  Governments have powers which are granted to them by the people via documents known as 'constitutions'.

In the case at issue, the people of the state of Arizona acting through their legislature made it possible for citizens to specify how much of their taxes will be routed to certain schools not part of the 'public school system'.  Given the uniformly ghastly performance of those public schools, it's not difficult to see why Arizonans might be amenable to alternatives.

We have a federal system.  Certain tasks are delegated to the federal government.  Others are delegated to state governments.  For that latter group, we are supposed to have up to 50 potentially unique solutions to common problems, a schema known as 'massively-parallel trial-and-error'.  When there are 50 different ways to fund schools (for instance), we would shortly discover that one state was doing it very well, others good but not great, and still others poorly.  Over time the poorer models would be discarded for better ones.  This is called 'improvement'.

Opinions such as are found in  "Vouchers only for the faithful"  operate to ensure a static, one-size-fits-all model with no chance for experimentation and no chance for improvement.  It begs us to cling to the status quo as if it were the only worthwhile option.  It is a call for nationwide stagnation and a school system that will never get any better.

 

05/18/2011

Subject: Safer streets

Sunday's lead editorial,  "Clear path to creating safer streets",  contains so many errors of fact it is difficult to know where to begin addressing them.  Perhaps the easiest error to dispel is that presented last:  "Nine of ten firearms confiscated [in Mexico] came from the United States".

In fact, only a very small portion of the firearms confiscated in Mexico are traced at all.  The vast majority of them are modern machine guns and are not available for sale here.  A goodly portion of those are M-16s and M-4s which do, in fact, come from the United States, but they originate with Pentagon purchase orders, not a clandestine sale at a gun show.  They wind up in the hands of the cartels because Mexican soldiers go AWOL with their government-issued machine gun.  Mexico wouldn't bother tracing those;  they know where they came from.

So, if twenty percent of seized guns are traced and ninety percent of those originated here, what is the net percentage?  Then ask how many of those guns were seized simply because Jose Seis-pack may not have guns at all in Mexico.  There, every gun is a crime gun, including those in the hands of the policia.

I highly recommend you do some research.  Start at http://gunfacts.info/ .  It will help you adhere to your mission statement.

 

Tuesday, November 1, 2011

Memories of days in black and white



Eureka!

Out there on YouTube I found days... no, WEEKS of episodes from "Have Gun, Will Travel" (1957 ff), all well beyond their copyright date.

Just thought you'd like to know...




Monday, August 22, 2011

Le Petit Chateau

 

We just got back from a three-week, 3,600 mile road trip: Niagara Falls, Monteal, and Quebec (city).  I have to say: if I knew Quebec was going to be that much fun, I would have gone there directly and spent my whole vacation just wandering through its Old World-style streets.  Alas, we only had three days.

On the first night, we had cheese fondue at Le Petit Chateau, 5 Rue St-Louis, right next to the Chateau Frontenac.  It was so good we went back there the second night just to make sure it wasn't a fluke.  Nope, the second was as good as the first, and we had chocolate fondue for dessert.  The third night in Quebec, we weren't in a fondue mood, so we had crepes en casserole there instead.  Unbelievably good.

Given the normally high prices found in Canada and the painful 13% tax on nearly everything, it was a relief to find a restaurant so good that we could ignore the cost.  I recommend it unreservedly.

 

Sunday, August 14, 2011

Governments can't manage economies

 

I had an interesting conversation a few nights ago with a Canadian waiter who is an economist on the side.  He tried to tell me what's wrong with the economy.  I felt sure he was missing something important: he thinks governments can manage their economies.  There is no evidence to support this position.

The greatest selling point for free-market economics is that government does such a poor job at managing the economy.  It does such a poor job that it's fair to say that they simply don't manage it, and since the economy is so important (everyone tells us) the fact they don't manage it must mean that they can't.  The free market is left as the only plausible alternative.

The current economic mess is nothing more than an excellent example of what happens when you let demagogues hold the reins of power: they run the system into the ground.  The United States is simply one facet on a multifaceted jewel.  In Europe, the PIIGS (Portugal, Italy, Ireland, Greece, and Spain) are on the verge of toppling because their economies are so flimsy.  France's economy is so-so.  Germany is the 'last man standing' and is unwilling to auto-da-fe in order to keep the others afloat.

How did we get here?  Especially, if you think governments actually can manage economies, you have a lot of explaining to do.

Now, there is the possibility that the free market might do a poorer job than government, although how it might be worse than this, economies world-wide on the verge of cataclysmic depression, is hard to imagine.

In the United States, the Federal Reserve was originally touted as the cure for the instability of the business cycle.  Fourteen years after its creation, we had the Crash of '29 followed briskly by a depression that reached around the world.  By that time, the 'free market' was a fading memory.

No, there is no credible evidence that governments can manage economies.

 

Friday, June 10, 2011

A Head Full of Misinformation

 

I had an interesting conversation the other day with a man I'll just call 'Richard'.  I was hawking my book, "Tipping Point", when he mentioned something he had heard or read just recently.  "Did you know," he asked, "that people on the 'terrorist watch list' can't fly on an airplane, but they can still buy guns?"  He was referring, I think, to a recent video from a California nut-turned-Jihadi exhorting American Muslims to hop on down to the nearest gun show and get a (machine) gun with no background check.

Where do you start if you are to turn back all the erroneous information Richard is now carrying around in his head?

In the first place, machine guns and similar weaponry (grenades, etc.) are and have been heavily regulated since 1934, and no one can get such stuff at gun shows or any other place without a thorough-going FBI background check lasting not just days, but months, during which the FBI will talk to people you've forgotten you ever knew.

Secondly, there is the issue of 'due process' which everyone glosses over so readily.  Recall that people on the 'terrorist watch list' are merely suspected, and we have no idea what it is they are suspected of, nor do we know how they got on the TWL, and (as we know from Ted Kennedy's experience) it can be damned difficult to get off that TWL once you're on.  Lots of people have the authority to put your name on the list;  almost no one has the authority (or the inclination) to take it off.  After all, it's not their name that's on the list.  Why should they be concerned?

Beyond that, if the government has something more than 'suspicion', the process is: arrest, arraignment, trial, verdict.  If the government has nothing more than mere suspicion, how is that an adequate basis for denying a person rights?  Perhaps we ought to expand the 'no guns' prohibition to 'no medical treatment' (better if they just die from their wounds, right?) and 'no shopping' (who knows what they might buy?  This suspected terrorist might be another McGyver).

If this train of thought makes you question the morality of having a 'terrorist watch list', then my day is complete.