Category: Justice

More Evidence on Lead and Crime

No Comments

Remember the red barns?

Do you know why they were red?

Because iron oxide (rust) was the only pigment readily available in many rural areas.

It was mixed with locally produced linseed oil, and then applied.

In the late 1800s, this changed with the building of the railroads, and changes in in both transportation and paints, allowed the use of white paint.

It allowed other pigments to be distributed, and the red barn became the white barn through the use of white lead (Lead oxide, these days white pigment is most commonly titanium dioxide) which appears to have created a surge in murders in rural areas:

Here’s a fascinating little anecdote about lead and crime from a recent paper by Rick Nevin. It shouldn’t be taken as proof of anything, but it’s certainly an intriguing little historical tidbit about the association between lead exposure and increases in crime rates.

Here’s the background. Homicides increased dramatically between 1900-11, but most of that appears to be the result of increased rural homicides, not urban homicides. If lead exposure is part of the reason, it would mean that rural areas were exposed to increasing levels of lead about 20 years earlier, around 1880 or so. But why? Nevin suggests that the answer to this question starts with another question: Why are barns red?

Professional painters in the 1800s prepared house paint by mixing linseed oil with white lead paste. About 90% of Americans lived in rural areas in the mid-1800s, and subsistence farmers could make linseed (flaxseed) oil, but few had access to white lead, so they mixed linseed oil with red rust to kill fungi that trapped moisture and increased wood decay. Red barns are still a tradition in most USA farming regions but white barns are the norm along the path of the old National Road. Why?

….The reason the red barn tradition never took root along that path is likely because the National Road made freight, including white lead, accessible to nearby farmers. USA lead output was a relatively stable 1000 to 2000 tons per year from 1801-1825, but lead output was 15,000 to 30,000 tons per year from the mid-1830s through the mid-1860s after the completion of the National Road.

….The first American patent for “ready-mixed” paint was filed in 1867; railroads built almost 120,000 track miles from 1850 to 1900; and Sears Roebuck and other mail-order catalogs combined volume buying, railroad transport, and rural free parcel post delivery to provide economical rural access to a wide variety of products in the 1890s.

The murder arrest rate in large cities was more than seven times the national homicide rate from 1900-1904 because lead paint in the 1870s was available in large cities but unavailable in most rural areas. The early-1900s convergence in rural and urban murder rates was presaged by a late-1800s convergence in rural and urban lead paint exposure.

In short, lead paint simply wasn’t available in most rural areas before the 1880s except in very narrow corridors with good transportation. You can see this in the prevalence of white barns along the National Road. Then, starting in the 1880s, revolutions in both rail transport and mail order distribution made economical lead paint available almost everywhere—including rural areas. A couple of decades later, homicide rates had skyrocketed in rural areas and had nearly caught up to urban murder rates.

(Emphasis original)

I live in a white barn area, Maryland.  In fact, there is a lot of a lot of painted white brick here too.

It would explain why different police and law enforcement policies all achieved similar success in crime reduction in the 1990s.

Lead became a mainstream additive to commercial gasoline in the mid 1930s, and 25 years later we saw a spike in violent crime.

Lead became widely used in rural communities in paint in the 1870s, and 25 years later, we saw a spike in violent crime.

Lead was reduced in gasoline in the early 1970s, and banned in paint, and 25 years later, we see a drop in violent crime across the country, and different tactics used by law enforcement agencies appear to have (at best) minimal effects on this.

I think that the ink spilled over things like broken windows policing and community policing are more an attempt to take credit where none is due than anything else.

Rachel Maddow is Wrong, and the Senate Republicans are Right

No Comments

She ascribes the delays in her nomination purely to animus on the part of Republicans.

While I agree that the bulk of the opposition is driven by hatred and political expedience, but we also need to look at what the Republicans are actually saying, and the history of the Obama administration’s approach to corruption in the finance industry.

The stated reason given by Republicans to oppose Lynch is her role in what is clearly a laughable settlement with HSBC over money laundering and tax evasion, and I would argue that Obama’s selection of Ms. Lynch is likely to have been driven (at least in part) by her cozy relationship with the Banksters.

It is clear that Barack Obama is determined not to have a meaningful accounting of Wall Street criminality:

Senate Republicans are seizing on the global tax scandal engulfing HSBC to delay the confirmation of Loretta Lynch, Barack Obama’s nominee for attorney general, the Guardian can reveal.

The Republican chairman of the Senate judiciary committee, Chuck Grassley, was on Friday preparing a fresh tranche of questions for Lynch about the huge cache of leaked data showing how HSBC’s subsidiary helped conceal billions of dollars from domestic tax authorities.

Grassley and another Republican senator are planning to investigate whether Lynch could have done more to stand up to the world’s second largest bank.

Lynch negotiated a controversial settlement with HSBC in 2012, after the bank admitted to facilitating money-laundering by Mexican drug cartels and helping clients evade US sanctions.

Now there are questions over why she did not also pursue HSBC over evidence that its Swiss arm helped US taxpayers hide their assets.

The secret bank files – obtained and examined in detail this week in a series of reports by the Guardian, CBS 60 Minutes and other media outlets – reveal that HSBC’s Swiss arm colluded with some high net-worth individuals to hide their assets from tax authorities across the world.

The new data, leaked by a whistleblower, was obtained by French tax authorities and shared with the US government in 2010, raising questions over why the Department of Justice has yet to take action against HSBC in the US.

It’s a legitimate question, particularly since HSBC’s acts have been egregious enough to lead Swiss law enforcement to raid HSBC.

Considering the degree to which secrecy, and tax evasion, have been central to the business of Swiss banking, the fact that they have initiated a criminal investigation, and that the US Department of Justice has not, is telling.

It should be noted that Lynch claimed that she did not have sufficient evidence for criminal prosecutions, but as Empty Wheel notes, “Sure, she and her prosecutors were unable to find the evidence in Carl Levin’s gift-wrapped case. But trust her, she seems to be saying, she might one day see fit to charge some warm bodies with fraud if she’s confirmed.”

Note that there are now allegations that HSBC gave material support to terrorists.

Muck Fyhrvold

No Comments

Intellectual Ventures, the patent troll founded Nathan Myhrvold, has won its first patent suit, but it appears to be a Pyrrhic victory, with a small award, and a denial of ongoing royalty payments:

More than four years after it launched its first waves of lawsuits, the world’s biggest “patent troll” has won its first victory in a jury trial.

Late Friday, a Delaware jury ordered Symantec to pay $17 million to Intellectual Ventures, the Washington-based “invention marketplace” created by ex-Microsoft CTO Nathan Myhrvold, which boasts more than 30,000 patent assets.

In its verdict [PDF], the jury found that Symantec had infringed two US patents, numbered 5,987,610 and 6,073,142. A third patent, 6,460,050, was found to be not infringed.

The complaint [PDF], filed in 2010, accuses Symantec’s Brightmail Gateway and Web Gateway of infringing the ‘142 patent. That patent was filed in 1997 by Utah’s Park City Group and essentially describes a system for distributing e-mail according to a set of predetermined “business rules.”

The ‘610 patent originated with Ameritech, later bought by AT&T. The ‘050 patent was filed in 1999 by two columnists for computer magazine InfoWorld, Brooks Talley and Mark Pace.

While jurors sided with Intellectual Ventures, they awarded the patent holder less than six percent of the $299 million its lawyers sought, according to a Symantec spokesperson. The verdict form indicates the company was also asking for ongoing royalty payments, which the jury rejected.

“We are pleased the verdict came back for substantially less than the amount that Intellectual Ventures was seeking, and are considering our options to reduce the damages even further,” the spokesperson said via e-mail.

In a statement, IV expressed gratitude to the jury for upholding the patents’ validity. “We remain committed to defending inventor rights and protecting the interests of our investors and customers,” said IV’s head of litigation, Melissa Finocchio.

Admittedly, it was Symantec that won, and I really hate their software, I always felt that their Norton AV was worse than the viruses that it was protecting against, but this is clearly a victory, albeit not a complete one, against the patent trolls.

Unfortunately, on appeal, it goes to the Patent Court (the United States Court of Appeals for the Federal Circuit) who would slap a patent on a rainy day, (in fact that court literally did allow for a patent on a rainy day) and my guess would be that they would not be a friendly venue for Symantec.

Floriduh!

No Comments
The Leg passed a law banning juvenile sexting, and it appears that in so doing, they effectively legalized sexting:

The Florida legislature is commonly considered to be one of the stupidest law-making bodies in the United States, and for good reason. Who can forget the time the state’s fine representatives inadvertently banned all computers and smartphones? Or the time the legislature unintentionally outlawed sex? Now, however, the Sunshine State’s legislators may have outdone themselves: In an effort to outlaw sexting between teenagers, Florida accidentally legalized it.

Here’s the sorry story of the state’s latest legal mishap: In 2011, the legislature passed a “sexting” statute barring minors from sending images of nudity (their own or somebody else’s) to other minors. The first offense would qualify as only a civil infraction; minors who violated the law would merely have to perform court-ordered community service or pay a $60 fine. The second and third offenses, however, would qualify as misdemeanors, while the fourth offense would qualify as a felony.

Under this law, Florida prosecutors thought they had a slam-dunk case when they brought charges against a minor who texted a picture of her own vagina to a classmate because she was “bored.” But the state quickly ran into a problem: Florida law doesn’t give any court jurisdiction of civil infractions by juveniles—as opposed to criminal infractions—and the sexting statute doesn’t grant any court this kind of jurisdiction. Accordingly, no court in the state currently has legal authority to hear a case involving minors sexting. The prosecutors attempting to prosecute the sexting teen got their case thrown out of court, a decision an appeals court later affirmed.

The upshot of this misadventure in statute-drafting is that Florida’s sexting law is completely unenforceable. Thanks to the statute’s layered structure, the more serious penalties for sexting can only come after a minor has been convicted of his first offense. But because that first offense is a civil infraction—and because no court can hear civil cases involving minors—it is legally impossible for any minor to be charged with that first offense. As a result, there simply cannot be a second, third, or fourth offense. Sexting between teens—even sexting images of a minor’s nude body—is now functionally legal in Florida.

Of course, the bigger picture, that Florida wanted to make this a crime for a child to send pix of their own naughty bits, and in some cases, make it a felony, is the really stupid part.

Seriously.

Isn’t there already enough overcrowding in prisons without criminalize victimless teen stupidity?

H/t Tech Dirt.

I Think that the US Attorney Just Painted a Target on Hizzonner Cuomo

No Comments

With the indictment of Sheldon Silver, it is clear that the US Attorney is going to be turn over some rocks in Albany, but it now sounds as if he is drawing a bead on Governor Cuomo and the Senate Majority Leader Dean Skelos:

One day after charging one of New York’s leading lawmakers with exploiting his office to obtain millions of dollars in kickbacks and bribes, the United States attorney for the Southern District of New York delivered a stinging condemnation of the culture of corruption in Albany and said the system was set up to breed misdeeds.

The prosecutor, Preet Bharara, speaking at the New York Law School on Friday, castigated how deal-making has long been done in Albany — by “three men in a room” (the governor, the State Assembly speaker and the State Senate majority leader), who work in secret and without accountability to decide most vital issues.

For decades, state government has essentially been controlled by the three leaders. When they emerge from their private meetings, issues are usually settled, with no cause for public debate.

Mr. Bharara said this structure could lead to the kind of corruption outlined in the criminal complaint unveiled on Thursday against Sheldon Silver, a Manhattan Democrat who has been the Assembly speaker for two decades.

If the charges are proved true, he said, then “at least one of the proverbial three men in a room is compromised.”

If that is the case, he said, “then how can we trust that anything that gets decided in Albany is on the level

By concentrating power in the hands of so few, he said, good people are discouraged from running for office because they know they will have little influence on important matters.

“If you are one of the three people in the room, you have all the power and everyone knows it,” he said.

There is no need to brook dissent, encourage debate or explain yourself. “If you are one of the three men in the room you keep people in the dark because you can,” he said.

Mr. Bharara seemed to revel in mocking Albany and ridiculed the very concept of “three men in a room.”

………

As an example of such thinking, he cited the former leader of the State Senate who instructed his members to deliver their public disclosure forms by hand rather than mailing them so as to avoid any possible federal mail fraud charges — the unspoken assumption being that lawmakers might have lied on those forms.

………

But he urged voters to get angry, to demand change. “My hope is that in bringing the case,” he said, “there will be reform.”

“That almost happened with the Moreland Commission,” Mr. Bharara said, referring to the anticorruption panel established by Gov. Andrew M. Cuomo that was looking at lawmakers’ behavior when the governor shut it down. “But it turned out to be a little bit fleeting.”

It sounds to me like he’s looking at Cuomo very closely.

Inside Baseball, but it is the Supreme Court

No Comments

Like many other courts, the Supreme Court can also mete out discipline against misbehaving lawyers who are/were before it.

The court has now decide to make the disciplinary docket public:

Beginning on February 1, the Supreme Court will publicly disclose documents on actions it is considering or taking to discipline lawyers who are members of its bar, a process long shielded in privacy, the Court announced on Tuesday. Currently, that file is treated as confidential, although final disciplinary actions are made public along with regular orders on pending cases. In the new arrangement, attorneys involved in a case may ask to keep their response confidential, in whole or in part.

 Under the new disclosure policy, the Court’s announcement made clear, public availability of that docket will be the general rule. It will apply to documents filed after February 1. But if there are reasons to keep an attorney’s response confidential, that will be considered on a case-by-case basis, if sought by the lawyer involved. Typically, a lawyer is notified that potential disciplinary action is being considered by way of a “show cause” order, to which the lawyer then has a chance to respond and to argue against a disciplinary order.

 One of the Court’s most noteworthy disciplinary cases now unfolding involves a “show cause” order issued on December 8, involving a Washington, D.C., attorney, Howard Neil Shipley. The order told him to respond within forty days on why he should not be sanctioned for his handling of a specific petition for review. There was no explanation of why that document may have involved a breach of either the Court’s rules or ethical rules. The petition at issue was rambling and, at several points, nearly incoherent. There was an indication that a non-lawyer may have had a central role in its drafting.

The reason that this is significant is that it is highly likely that this change in policy will work it way down to lower courts, and the law “profession” is sorely in need of sunlight on issues of ethics, which is typically handled ways that serve members of the state bars more than the interest of their clients.

The filing in question was in Sigram Schindler Beteiligungsgesellschaft MBH v. Lee, (copy and paste is your friend) a patent case, and it appears that the filing was basically gibberish.

Someone on/around SCOTUS has decided that there is a significant possibility that much of the brief was written by the holder of one of the patents at issue, and that Mr. Shipley simply put his name on it without any meaningful review.

Still, it’s kind of weird.

Yes, That Military Rape Problem is Being Handled………

No Comments

That’s why the Army put a rapist in charge of prosecuting rapes:

A former Army prosecutor has been sentenced to 20 years imprisonment after being convicted of several sexual assault charges, including rape and forcible sodomy, against multiple victims.

 A court-martial panel on Monday found Maj. Erik J. Burris guilty of two specifications of rape, four specifications of assault, forcible sodomy, and disobeying an officer, Fort Bragg said in a statement.

He was found not guilty of other sodomy and assault charges.

Burris had been serving as the chief of justice for the 82nd Airborne Division when the allegations against him came to light, a Fort Bragg spokeswoman told BuzzFeed News.

(Emphasis mine)

Seriously, you need to take this out of the chain of command.

Well, Now We Know Why Andrew Cuomo Killed his Corruption Comission

No Comments
Sheldon Silver who has been speaker of the New York State Assembly, has been indicted by the Feds on corruption charges:

His power unbending, his whims often unexplained, Sheldon Silver, in his two decades as speaker of the State Assembly, became a seemingly indestructible presence at the nucleus of the New York political world, a steady advocate for liberal causes and a master tactician in Albany’s closed and entrenched way of governance.

But Mr. Silver’s arrest on Thursday on corruption charges has thrown into question that arrangement, in which the governor and the leaders of the two chambers of the Legislature privately decide the most crucial policies of the state. It is a potentially seismic shift in power whose reverberations may be felt throughout the state, from the speaker’s home district on the Lower East Side of Manhattan to the grounds of the State Capitol.

Until now, Albany lawmakers accustomed to what prosecutors called a “show-me-the-money culture” have taken comfort in knowing that their most powerful figure was unassailable — untouched despite years of inquiries, suspicions and rumors of impropriety.

It appears that the crux of the matter is that Silver was paid large sums by his law firm for work which either did not justify the payments, or for which he did no work.

In essence, he is accused of using this law firm to launder bribes.

Here is hoping that he sees the writing on the walls, and starts singing like a canary.

Clearing out the cesspool in Albany would be a good thing.

Not Enough………

No Comments

The SEC has fined Standard & Poor’s ratings agency and banned them from rating mortgage backed (MBS) securities for a year:

Financial companies are still paying the price for the crisis of 2009, as Standard & Poor’s showed when it agreed on Wednesday to pay the US government and two states more than $77m to settle charges that it inflated its ratings of mortgage-backed securities.

In its first enforcement action against a major rating agency, the Securities and Exchange Commission accused S&P of fraudulent misconduct, saying the company loosened standards on its ratings to drum up business in recent years.

The agreement requires S&P to pay more than $58m to the SEC, $12m to New York and $7m to Massachusetts.

As part of its agreement with the SEC, Standard & Poor’s Ratings Services, a division of McGraw Hill Financial, will take a “timeout” from rating certain types of mortgage-backed securities for a year.

“These settlements involve findings of intentional fraud in 2011 and 2012, well after the financial crisis,” said Andrew Ceresney, director of the SEC’s enforcement division, on a call with reporters. “The financial crisis may be behind us, but these cases are an important reminder that the race-to-the-bottom behavior exists even though the financial crisis has ended.”

S&P said in a statement that it did not admit or deny any of the charges.

It’s likely the first in a line of settlements between S&P and government agencies. In 2013, the Justice Department and attorneys general from other states filed civil lawsuits against the company for misrepresenting risks in the years leading up to the financial crisis.

“This is the first time a major credit rating agency has been subject to a timeout,” Ceresney said. “It’s unprecedented.”

It is only unprecedented because the Obama administration has been so deferential to the banksters.

It’s chump change for them, and they are a (relatively) small player in the MBS ratings game, so they will be crying to the bank.

What should have happened is a criminal indictment, which would have been immediately followed by an Arthur Andersen style implosion.

That would make the banksters sit up and notice.

Finally, Eric Holder Does Something Meaningful About Law Enforcement Overreach

No Comments

Eric Holder has massively curtailed the asset forfeiture program:

Attorney General Eric H. Holder Jr. on Friday barred local and state police from using federal law to seize cash, cars and other property without warrants or criminal charges.

Holder’s action represents the most sweeping check on police power to confiscate personal property since the seizures began three decades ago as part of the war on drugs.

Since 2008, thousands of local and state police agencies have made more than 55,000 seizures of cash and property worth $3 billion under a civil asset forfeiture program at the Justice Department called Equitable Sharing.

The program has enabled local and state police to make seizures and then have them “adopted” by federal agencies, which share in the proceeds. It allowed police departments and drug task forces to keep up to 80 percent of the proceeds of adopted seizures, with the rest going to federal agencies.

“With this new policy, effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons,” Holder said in a statement.

Any actions to curtail a procedure that can only be described as enforcement under the color of law is a good thing.

It it both corrupt and corrupting.

It Couldn’t Happen to a More Deserving Genocidal Monster

No Comments

The attempted genocide suit against Scott Lively, one of the architects of Uganda’s “Kill the Gays” bill, will be allowed to go forward:

Most of us go our entire lives without ever standing trial for crimes against humanity. Then again, most of us aren’t notorious bigot Pastor Scott Lively, whose life work seems to be to ask the question: “How can I make gay people miserable across the world?”

In the United States Lively’s homophobic messages are largely ignored, and in recent years he has had to endure various setbacks at the state and federal level as equality makes historic gains. Undeterred, Lively has sought out foreign lands where his particular brand of ruthless anti-gay ideas are more accepted. In Uganda, he found a home away from home. During a Christian “workshop” in the African nation he managed to become one of the principal architects behind some of the most retrograde anti-gay legislation on the planet.

………

Unfortunately for Lively, orchestrating genocide in another country is kind of frowned upon, and in 2012 a lawsuit was filed against Lively in federal court in Massachusetts for crimes against humanity. This week, the First Circuit Court of Appeals denied Lively’s final request to have it dismissed because, well, the whole genocide thing.

Lets be clear:  This is not criminal charges.  This is a civil suit under the Alien Tort Statute, but the judge has allowed discovery to proceed, and this should detail the full extent of Mr. Lively’s perfidy.

He has been protesting that he actually recommended against jailing (and in earlier versions executing) the LGBT community in Uganda, but I am certain that discovery will show that he was actively advocating for genocide.

Here’s hoping that he is left bankrupt and broken by this.

Cue Antonin “Fat Tony” Scalia’s Poo Flinging

No Comments

Now that there has finally been a split between the Federal Districts, the Supreme Court has agreed to hear a same-sex marriage ruling:

Taking on a historic constitutional challenge with wide cultural impact, the Supreme Court on Friday afternoon agreed to hear four new cases on same-sex marriage. The Court said it would rule on the power of the states to ban same-sex marriages and to refuse to recognize such marriages performed in another state. A total of two-and-a-half hours was allocated for the hearings, likely in the April sitting. A final ruling is expected by early next summer, probably in late June.

The Court fashioned the specific questions it is prepared to answer, but they closely tracked the two core constitutional issues that have led to a lengthy string of lower-court rulings striking down state bans. As of now, same-sex marriages are allowed in thirty-six states, with bans remaining in the other fourteen but all are under court challenge.

Although the Court said explicitly that it was limiting review to the two basic issues, along the way the Justices may have to consider what constitutional tests they are going to apply to state bans, and what weight to give to policies that states will claim to justify one or the other of the bans.

In a part of the order that was not entirely clear, the Court instructed lawyers to limit their written and oral arguments to the specific issues they had raised in taking the cases to the Court. That apparently meant that couples seeking to marry can only raise that issue, and couples seeking official recognition of their existing marriages can only argue that question.

I think that Scotus will rule in a way generally favorable to gay marriage, they would have taken the appeal last fall otherwise, but I do expect Scalia to be at his trollish worst, both at the oral arguments, and in his dissent or (God forbid) assent.

What the F%$#ing F%$#?

No Comments

Police Detained, and Child Protective Services opened an investigation on the family, because the parents allowed their children to walk home from the park:

It was a one-mile walk home from a Silver Spring park on Georgia Avenue on a Saturday afternoon. But what the parents saw as a moment of independence for their 10-year-old son and 6-year-old daughter, they say authorities viewed much differently.

Danielle and Alexander Meitiv say they are being investigated for neglect for the Dec. 20 trek — in a case they say reflects a clash of ideas about how safe the world is and whether parents are free to make their own choices about raising their children.

“We wouldn’t have let them do it if we didn’t think they were ready for it,” Danielle said.

………

On Dec. 20, Alexander agreed to let the children, Rafi and Dvora, walk from Woodside Park to their home, a mile south, in an area the family says the children know well.

The children made it about halfway.

Police picked up the children near the Discovery building, the family said, after someone reported seeing them.

………

The more lasting issue has been with Montgomery County Child Protective Services, he said, which showed up a couple of hours after the police left.

Mary Anderson, a spokeswoman for CPS, said she could not comment on cases but that neglect investigations typically focus on questions of whether there has been a failure to provide proper care and supervision.

In such investigations, she said, CPS may look for guidance to a state law about leaving children unattended, which says children younger than 8 must be left with a reliable person who is at least 13 years old. The law covers dwellings, enclosures and vehicles.

This is nuts.

Notwithstanding the , “It bleeds, it leads,” standards of local news coverage, children have literally never been safer from stranger abduction, and crime rates are at a decades long low, but the ginned up child abduction mythology of the early 1980s keeps the general public, as well as law enforcement and the social services bureaucracy, in a state of acute paranoia.

Quote of the Day

No Comments

Lee Hamilton (former Congressman and former 911 commission co-chairman) calls for a complete end of torture, driven by improved Congressional oversight.

He believes that the reputational and social damage is such that it cannot be justified.

Lambert Strether at Naked Capitalism, while lauding Hamilton’s call for and end to torture, notes that the fact that the former congressman is suggesting weak tea when specifically eschews prosecutions:

Kudos, but who would be stupid enough to believe us if we said we had? There is only one way to do that, and that’s to put the torturers on trial, and convict them.

He’s right.

Until we prosecute the worst of the torturers, and pull the security clearances of the rest, the senior staff of our state security apparatus will be populated by those torturers, any promise of better behavior is simply not credible.

So, Now I’m Thanking Richard Nixon and Pierre Elliot Trudeau ……… Odd History

No Comments

It turns out that the surge, and subsequent drop, in crime in Canada also appears to be an artifact of lead exposure:

I’m happy to see lead at least get a shout out. Unless I’ve missed something, this might actually be the first time the New York Times has ever mentioned childhood lead exposure as a possible explanation for the decline in violent crime. Progress!

But while Eckholm is right to say that none of the other factors he mentions can explain a decline in violent crime that happened all over the world, he’s wrong to include lead in that list. It’s the one explanation that does have the potential to explain a worldwide drop in crime levels. In particular, the chart on the right shows the use of gasoline lead in Canada, which peaked in the mid-70s and then began dropping as catalytic converters became more common. Leaded gasoline was banned for good in 1990, and is now virtually gone with a few minor exceptions for specialized vehicles.

So what happened? As Zimring says, Canada saw a substantial decrease in violent crime that started about 20 years after lead emissions began to drop, which is exactly what you’d expect. I calculated the numbers for Canada’s biggest cities back when I was researching my lead-crime piece, and crime was down from its peak values everywhere: 31 percent in Montreal, 36 percent in Edmonton, 40 percent in Toronto and Vancouver, and 53 percent in Ottawa. CompStat and broken windows and American drug laws can’t explain that.

It is almost certain that lead exposure is a significant factor the rise and fall of crime world wide, and given the wide variations in techniques used by law enforcement, it is likely the most significant factor in the rise and fall of crime worldwide.

Given the clearly racist assumptions of broken windows policing, and the even more clearly racist subtext of America’s fascination with incarceration, it’s not surprising that the law enforcement establishment has studiously avoided looking at lead’s effects on crime.

Racially biased law enforcement philosophies, particularly when it generates more money for law enforcement and incarceration is a feature of, and not a bug in, our society.

Obama Wants More Dead Aaron Swartzes

No Comments

At the State of the Union address, Obama will announce plans to increase penalties and increase the penalties and broaden the scope of the already over-broad Computer Fraud and Abuse Act (CFPA):

The Obama administration, currently engaged in a war of words with North Korea over the recent hacking of Sony Pictures Entertainment, is calling on Congress to increase prison sentences for hackers and to expand the definition of hacking.

During next week’s State of the Union address, the president is set to publicly urge increased prison time and other changes to the Computer Fraud and Abuse Act—the statute that was used to prosecute Internet activist Aaron Swartz before he committed suicide in 2013.

The Obama administration, currently engaged in a war of words with North Korea over the recent hacking of Sony Pictures Entertainment, is calling on Congress to increase prison sentences for hackers and to expand the definition of hacking.

During next week’s State of the Union address, the president is set to publicly urge increased prison time and other changes to the Computer Fraud and Abuse Act—the statute that was used to prosecute Internet activist Aaron Swartz before he committed suicide in 2013.

………

Among other things, penalties under Obama’s plan would increase from a maximum five-year penalty to 10 years for pure hacking acts, like circumventing a technological barrier. What’s more, the law would expand the definition of what “exceeds authorized access” means. A hacker would exceed authorization when accessing information “for a purpose that the accesser knows is not authorized by the computer owner.”

So, under Obama’s proposal, if you browse Facebook on a work computer, that’s 10 years in the slam.

Note that Aaron Swartz was driven to suicide by an abusive prosecution using the current (far less broad and far less punitive) version of the CFPA.

The CFPA is already a petri dish for overzealous prosecution, and Obama wants to make it worse.

Seriously, has there been a single case where Obama has not chosen the most authoritarian option?

Live By the Self Aggrandizing Leak, Die by the Self Aggrandizing Leak

No Comments

It looks like the Obama is finally going after a leaker who isn’t a whistle blower, David Petraeus:

The F.B.I. and Justice Department prosecutors have recommended bringing felony charges against David H. Petraeus, contending that he provided classified information to a lover while he was director of the C.I.A., officials said, and leaving Attorney General Eric H. Holder Jr. to decide whether to seek an indictment that could send the pre-eminent military officer of his generation to prison.

The Justice Department investigation stems from an affair Mr. Petraeus had with Paula Broadwell, an Army Reserve officer who was writing his biography, and focuses on whether he gave her access to his C.I.A. email account and other highly classified information.

F.B.I. agents discovered classified documents on her computer after Mr. Petraeus resigned from the C.I.A. in 2012 when the affair became public.

………

But investigators concluded that, whether or not the disclosure harmed national security, it amounted to a significant security breach in the office of one of the nation’s most trusted intelligence leaders. They recommended that Mr. Petraeus face charges, saying lower-ranking officials had been prosecuted for far less.

Of course, his indiscretions with Ms. Broadwell, are only a part of the unauthorized releases that he blithely made:

………

Panetta revealed the name of the Navy SEAL unit ground commander who carried out the Osama bin Laden raid. He did so at a 2011 awards ceremony attended by the filmmaker of “Zero Dark Thirty,” a Hollywood movie that glorified the bin Laden operation and torture, and was widely criticized as agitprop the government helped make. Panetta also disclosed “secret” and “top secret” classified information on the same occasion. Petraeus gave his lover and biographer, Paula Broadwell, access to his CIA email account and other highly classified information, some of which was found on her computer.

Of course, it is all up to Eric “Place” Holder to whether to pull the trigger on the prosecution, and given HIS record on prosecuting the rich and powerful, I’m not holding my breath.

This is the 2nd Most Schandenfreude I’ve Felt Today

No Comments

The judge overseeing the corruption case against Bob McDonnell has denied his motion to remain free while he appeals:

A federal judge on Tuesday denied former Virginia governor Bob McDonnell’s request to remain free while he appeals his corruption convictions, which means he could begin his two-year prison sentence by 9 February.

US district judge James Spencer in Richmond denied the request, unpersuaded by arguments from McDonnell’s lawyers before his 6 January sentencing. Prosecutors had opposed the request.

On Monday, McDonnell’s attorneys had reiterated the request and argued that the appeal could take almost as long as the sentence itself. They also said the appeal would raise substantial questions, including whether the government’s interpretation of an “official act” is correct.

But in his Tuesday decision, Spencer said it’s not a “close question” that justifies release pending appeal. He also noted that he previously concluded that “substantial evidence supports the jury’s finding of a quid and fairly specific, related quo”. And he dismissed arguments raising concerns over the jury selection process and deliberations.

One would hope that some time in the slam will give him a broader view of the diverse tapestry, but I rather imagine, like the Humbug from Norton Juster’s masterpiece The Phantom Tollbooth, he will, “Swim all day in the Sea of Knowledge and not get wet.”

I could be wrong about his possibility of finding perspective or perhaps enlightenment in prison, but I do not expect this to happen.

Still, the fact that he is less than a month from going into the slam provides me a bit of (admittedly cruel) perverse satisfaction.

So I Guess, Occassionally, You Actually Get Charged for Committing Murder on Camera

No Comments

The Albuquerque DA has has charged two police officers with murder in the shooting of a homeless man:

Declaring that “I have a job to do and I’m doing it,” District Attorney Kari Brandenburg said her office was filing murder charges against two Albuquerque police officers in the shooting of a mentally ill homeless camper in the Sandia foothills last spring in a case captured on a police video that shocked the nation.

The charges filed Monday against officer Dominique Perez and recently retired Detective Keith Sandy appear to be the first against an APD officer for an on-duty fatal shooting in at least 50 years. Both men are charged with an open count of murder for the March 2014 shooting death of James Boyd following a four-hour standoff.

Brandenburg said Perez and Sandy would not be booked into jail until after a preliminary hearing is held to determine if there is enough evidence for either of them to stand trial on any of three charges – first-degree murder, second-degree murder or voluntary manslaughter.

………

Boyd, 36, had been camping in a restricted area of open space in Albuquerque’s foothills when he was told to leave by Open Space officers. Boyd, who had a history of mental illness and run-ins with police, refused and brandished at least one of the two small knives he carried during the standoff with police.

More officers were called to the scene, with more than 20 present at one point.

Officer Perez’s helmet-mounted camera captured the final moments of the standoff, when Boyd appeared to be complying with commands to leave. As he bent down to gather his belongings, an officer throws a flash-bang grenade at his feet. Another officer sends a police dog at Boyd, who pulls the knives out of his pockets again.

As he appears to turn away from the officers, Sandy and Perez fire three rounds apiece from assault-style rifles, striking Boyd in the back. Officers continue to yell at him to drop the knives.

“Please don’t hurt me anymore. I can’t move,” Boyd says as he lies on the ground.

Officers fire bean-bag rounds at him as he’s on the ground, then let loose a police dog, which grabs his leg and shakes it. He doesn’t move. Officers then approach and cuff him.

Boyd, who suffered from paranoid schizophrenia, died the next day at the hospital.

All caught on tape.

And it only took 10 months.

I am still dubious that this will result in anything resembling a vigorous prosecution, because rather unsurprisingly, she appears to do this under duress, as her earlier actions indicate:

In spring 2012, Brandenburg and District Court judges agreed that she would temporarily stop using the “investigative grand juries” after Journal stories made the inner workings of those proceedings public.

In January 2013, Brandenburg announced her intention to resume using the special grand juries to review police shootings, but state District Court judges put a halt to that.

Attorneys for victims’ families have called the investigative grand jury process a “sham” in court filings.

In halting the “investigative grand juries,” the judges told Brandenburg “that the appearance of a lack of impartiality is impossible to avoid, especially given that the procedure is used only for police officers and specifically limited to officer-involved shootings.”

Journal stories about the internal workings of the grand juries showed that grand jurors were provided instructions on different versions of justified shootings, but no criminal statutes; prosecutors met with officers to review testimony; and prosecutors asked officers leading questions.

And she wanted to reinstate that system.

So, I do not expect a conviction, or a meaningful plea deal.

We Have a New Definition of Chutzpah

No Comments

Obviously, the classic definition, the story of a boy who killed his parents, and then asked for mercy as an orphan remains the front runner, but the fact that Freedom Industries is asking for prosecutors to recuse themselves because they were among the 300,000 people whose water they poisoned:

A federal judge will take up whether the U.S. Attorney’s office can prosecute cases against former Freedom Industries executives or if a conflict of interest exists.

U.S. District Judge Thomas Johnston is scheduled to hear disqualification requests from former Freedom President Gary Southern and former company executive Dennis Farrell in a 1:30 p.m. hearing today.

Both Southern and Farrell have asked the federal judge to disqualify U.S. Attorney Booth Goodwin’s office from the case, saying there is a conflict of interest because the prosecutor’s employees were affected by last January’s chemical leak, which affected 300,000 people in nine counties.

Farrell’s motion only took issue with Goodwin’s office but Southern’s motion also sought to disqualify “agents and investigators” working with the office.

“The conflict of interest is real: the U.S. Attorney, his assistants, investigators and office staff were actual victims of the crimes charged against Mr. Farrell,” Farrell’s motion said. “Of equal or perhaps greater gravity, husbands, wives and children of the prosecutors and staff of the (U.S. Attorney’s office) also were, and allegedly may continue to be, actual victims of the crimes charged.”

In a previous filing, Goodwin said no one in his office has a personal or financial stake in the outcome of this case. He said no one on the prosecution team is an “actual victim” because the general public is the victim in Clean Water Act violations. He also said no one on his staff is a claimant in the class action lawsuits or in the Freedom bankruptcy case.

Seriously?

Because they are arguing that because they contaminated the water for half the f%$#ing state of West Virginia, no one should be allowed to prosecute them?

Seriously?

I guess that it is proof of the old adage, “If you have the facts on your side, pound the facts. If you have the law on your side, pound the law. If you have neither on your side, pound the table.”