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crime and punishment ideological culture

Down Among the Non Sequiturs

There is a rule in respectable writing, particularly academic: don’t quote “down.”

This means that academics don’t cite newsletter writers as authorities, scientists don’t consult table-rappers as purveyors of relevant data, politicians don’t quote tweets.

But of course that’s all changed now, thanks to Trump.

Which perhaps excuses me to deal with a simple Facebook “meme” that I’ve seen shared around among progressives. It’s a deceptively simple question; the point in criticizing it is not to castigate the person who first posed it.

Here it is: “Why is murder an appropriate response to property damage, but property damage isn’t an appropriate response to murder?”

I confess: this really startled me. Not because it is hard to answer, but because what it says about discourse in our time.  

Note what is obviously wrong with it:

1. Murder is not an apt response to anything, for murder is unlawful and/or immoral killing. The premise is absurd.

2. Some people do indeed kill rioters and others who are attacking them or their property. This can be justified because self-defense is the basis of all our rights, and a violent attack doesn’t just fit into neat little “I’m only destroying your property” box. 

3. The proper response to murder, after the fact of some violent moment, is lawful arrest and trial, not killing. Self-defense is for moments of conflict. Some time after an illegal act? Then we proceed by the rule of law.

Of course, this little thought experiment was designed to justify riots.

It does not.

It justifies, really, only this episode of

Common Sense. I’m Paul Jacob.


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crime and punishment

Hearts United

“They shot my son seven times — seven times — like he didn’t matter,” explained a choked-up Jacob Blake, Sr., at a news conference after his son was shot and paralyzed by Kenosha police. “But my son matters. He’s a human being and he matters.”

On Sunday, Kenosha police were called to a domestic disturbance. Attending his three-year-old’s birthday party in the same neighborhood, Jacob Blake, Jr., was reportedly “trying to break up the argument” between two women. Police have provided scant details, but two cell-phone videos made public show Blake wrestling with police on the passenger side of his vehicle and then walking around to the driver’s side followed by police with their guns drawn. As Blake starts to get into the driver’s seat, an officer grabs Blake’s shirt and then fires seven shots at close range into his back. 

The Washington Post labeled it “the latest incident this summer to . . . divide a nation over the urgency of bringing fundamental change to law enforcement.” 

But we are not so divided. Not on criminal justice reform, which whopping majorities across all races and political parties fervently support. 

“The only response worthy of the moment is laws,” argued Rev. Al Sharpton. I’m with him. Let’s legally toss chokeholds, no-knock raids, qualified immunity, civil forfeiture, and police unions . . . along with their contracts hiding misconduct from the public.

Americans of all races are also united, not divided, in opposing the violence and destruction by rioters in Kenosha and Minneapolis and Portland and elsewhere. 

“As I was riding through the city, I noticed a lot of damage,” Blake’s mother, Julia Jackson, told the media. “It doesn’t reflect my son. Or my family. If Jacob knew what was going on . . . the violence and the destruction, he would be very unpleased.”

“Take a moment,” she urged, “and examine your heart.”

She continued, “Clearly, you can see by now that I have beautiful brown skin. But take a look at your hand and whatever shade it is, it is beautiful as well.”

In calling for healing, she declared, “I am not talking to just Caucasian people; I am talking to everyone.”

I hope everyone is listening.

This is Common Sense. I’m Paul Jacob.


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Common Sense crime and punishment general freedom ideological culture media and media people U.S. Constitution

The Mobs Attacked and Defended

It’s “mobocracy” — the riots in major cities around the nation, but especially in Portland, Oregon, where the president sent federal agents. Local police had stood back for weeks as Democratic politicians — such as Joe Biden — referred to the rioters as “peaceful protesters.” Even as the mobs lit fires in the streets, defaced property, and attempted to break into government buildings.

Buck Sexton, writing at The Hill, makes the obvious linkage between the “anarchists” and the “Democratic” Party. 

But Sexton doesn’t really answer the key questions: “Why are anarchists terrorizing Portland? What was the real purpose of the Seattle ‘Capital Hill Autonomous Zone’? Why were ‘Occupy City Hall’ protesters allowed to fight with police in lower Manhattan for a month, until officers cleared out their encampment on Wednesday?” Sexton rejects the official reasons give by the movements’ apparent leaders, but doesn’t go very far beyond Democratic Party attempts to leverage the riots.

Which may at least offer amusement. “The reason I am here tonight is to stand with you,” Portland Mayor Ted Wheeler assured the mob as he put on goggles. “So if they’re launching the tear gas against you, they’re launching the tear gas against me.” But that same night, his security detail “scuffled” with “protesters” and his own police department threatened to use tear gas and impact weapons on the incendiary horde.

Is this really about legitimate protest, as Biden insists?

Fighting federal fascism, as Democrats and many others insist?

Americans are all-in for criminal justice reform and the right to protest. Many, me included, have peacefully taken to the streets in recent weeks.

But there is nothing peaceful about assault, arson, property destruction.

And Democrats who aim to use the fracas to beat Trump in November may find that ‘playing with fire’ . . . burns. 

This is Common Sense. I’m Paul Jacob.


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crime and punishment Fourth Amendment rights

Cops vs. Mobs, Tyranny vs. Law?

“He was stuffed into what may have been a rental van operated by unmarked federal agents,” explained Cato Institute’s Patrick Eddington, “and taken to the federal courthouse, where he was interrogated without counsel. He wisely refused to answer questions and was then subsequently released without any kind of charges being filed.”

Eddington concluded: “I think most people would call that kidnapping.” 

The “he” — detained and questioned by federal agents* in Portland, Oregon — is Mark Pettibone. Whether the van was rented is irrelevant, nor do these agents or their vehicles require any marking.

And criminal suspects can lawfully be held for questioning. 

“So that we understand how police may remove someone from the streets,” Cato Daily Podcast host Caleb Brown adroitly offered, “we understand that they need to identify themselves. . . . that people who are placed under arrest retain certain rights to communicate with the outside world, to assert their ability to have a lawyer present for questioning.

“It seems that perhaps,” added Brown, “asking for a lawyer was the trigger here” resulting in Mr. Pettibone’s release.

Eddington agreed, but then announced that it “really does have the feel of Argentina or Chile in the 1970s, with the disappearances that took place. The only thing lacking was Mr. Pettibone being murdered by those agents.”

That is one big “only”!

“This is being done essentially to try to suppress protests in this country,” argued Eddington. “It has nothing to actually do with protecting monuments.” 

“We’re talking only about violent rioters,” Homeland Security Deputy Secretary Ken Cuccinelli told NPR. “We’re not talking about actual protesters. We’re not seeking to interfere at all with anyone peacefully expressing themselves — period, full stop.”

Following the rule of law means protecting peaceful protests. And welcoming an investigation into the federal role in Portland. More concerning than Mr. Pettibone’s detention is the continued use of so-called non-lethal weapons, which seriously injured a protester weeks ago.

But the rule of law also means protecting Portlanders and their property against violence and destruction. And welcoming an investigation into the state and local dereliction of duty in Portland. 

This is Common Sense. I’m Paul Jacob.


* The Department of Homeland Security acknowledged that agents with the CBP (Customs and Border Protection) were “cross designated to support FPS” (the Federal Protection Service) in Portland “because of the demand for more manpower in light of the violence.”

Note: Walter Olson, a senior fellow at The Cato Institute’s Robert A. Levy Center for Constitutional Studies and founder of the blog, Over​lawyered​.com, details what we know about the Portland controversy. 

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Qualified Backlash

Extreme forms of protest — that is, rioting, looting, and street violence, as well as chanting about killing people, carrying torches, and the like — don’t help the cause of those who engage in it.

You know it; I know it — but is it common knowledge?

So, as a contribution to the common wisdom of Homo (hopefully) sapiens politicus, let us stress the truth, which we can now back up with a study published in the Journal of Personality and Social Psychology. 

Eric W. Dolan, writing on PsyPost, explains that six experiments involving 3, 399 participants “assessed how different types of protest behaviors influenced support for a variety of progressive and conservative social causes, including the Black Lives Matter movement and the anti-abortion movement. They found that more extreme behaviors — such as the use of inflammatory rhetoric, blocking traffic, and vandalism — consistently resulted in reduced support for social movements.”

While “extreme protest behaviors” garner media attention, they turn away more people than they bring in.

“We found extreme anti-Trump protest actions actually led people to not only dislike the movement and support the cause less, but to be willing to support Trump more,” the researcher who talked to Dolan, said. “It was almost like a backlash.”

Almost?

Protest organizers have to understand that their enemies also know this backlash effect, and have incentives to corrupt peaceful protests by sparking extremism. Infiltrators from governments as well as opposing groups have been known to incite riots or cause destruction simply to discredit protests. 

While destruction and mayhem by some do not negate the crying, dying need for criminal justice reform,* the tragedy remains: violence does spoil good will.

And calling in federal troops, as the president threatens, discredits almost everything. What a mess.

This is Common Sense. I’m Paul Jacob.


* Much better than the turn to violence? Protest morphing into specific legislative and administrative reform. Ending “qualified immunity” for public officials, mentioned here Friday, and proposed by Representative Justin Amash (L-Mich.), would be a great start.

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Victimhood Conspiracy

When a purported Antifa group tweeted an “alert” on Sunday, instructing “Comrades” to “move into residential areas … the white hoods … and we take what’s ours,” tagging it “#BlacklivesMaters #F**kAmerica,” Twitter closed the account. 

Few would object. 

That was criminal incitement to riot, and worse.

But when Twitter, Facebook and YouTube remove client content for arguing things about the coronavirus that does not fit with government bodies’ officially approved information, something else is going on. 

Last week, President Donald Trump warned of the dangers to election integrity of switching to mail-in ballots. So Twitter flagged his tweet, implying it as non-factual.*

I am not going to defend the wisdom or legality of Trump’s threats — on Twitter or by executive order. But one characterization of the whole affair by Elizabeth Nolan Brown at Reason seems a . . . bit . . . off.

“The order relies heavily on conservatives’ victimhood conspiracy du jour: that social media companies are colluding to suppress conservative voices,” Ms. Brown wrote last Thursday. “It’s an objectively untrue viewpoint, as countless booted and suspended liberal, libertarian, and apolitical accounts can tell you.”

The fact that non-conservatives have been de-platformed does not actually work against the supposition that the social media outfits are colluding against conservatives. It remains a problem if conservative thought is suppressed along with libertarian and anything else heterodox. These companies do conspire to suppress opinions they do not like, and influencers they regard as dangerous.

To center-left establishment opinion.

These social media behemoths aim to defend their approved news and opinion against what they regard as “fake news.” Thereby suppressing free debate and inquiry.

Opposing Trump’s reaction does not require pretending that these companies’ policies are not deeply problematic.

Concern about open and robust debate is not a mere “victimhood conspiracy du jour.”

This is Common Sense. I’m Paul Jacob.


* How a prediction can be a factual matter is a bit odd. But let that slide, I guess.

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