Showing posts with label Court judgements. Show all posts
Showing posts with label Court judgements. Show all posts

Monday, February 21, 2011

Wrongful incarceration in the USA - how many more?

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Incarceration is a senseless act. The only justification for incarcerating people is to protect members of the community. The role of prison is to rehabilitate people. If people are irredeemable, it is because:
1. Our understanding of psychology has not progressed to a state where people are healthy. This is not surprising given that psychology is only 100 years old, people still accept a lot of the crap Freud wrote, and people still believe in ghosts and gods.
2. Society did not act soon enough. The reality is that the system only starts taking an interest in people when they do something wrong. i.e. Until you break the law, the system ignores you, and after you breach the law, it dispenses with you. It is a sad society because there is utterly no objectivity involved. The laws are arbitrary, justice is under-resourced, and society so compartmentalised that it services only the majority which sustains and legitimatises its existence.

I want to draw your attention to this woman - Pamela Smart. She was convicted in the 1980s for the killing of her estranged husband. The situation is that she was at a low point, she was paradoxically mentoring kids through a self-esteem program. She befriends a 16yo boy, who given we have established that he had low self-esteem, was also a vulnerable member of society. The prosecution did a 'plea bargain' with the three boys involved, her boyfriend, another boy who supplied the gun, and they got off on a light '2nd degree' sentence by fingering her with a 'conspiracy to kill'. This is silly. They are out of prison, and she did not even push the trigger. There is no evidence to suggest she even knew about the murder. These boys today, 20 years later, have no reason to come clean, since their lighter sentence depends on now being honest. Listening to the 'taped conversations' there is critical evidence....there is only the flawed thinking in the jury. This is why juries ought not to be sentencing people. Critical thinking is a skill scarcely found in society, and yet ordinary members of society are able to convict - to sentence a person to life in prison - and we deny then another trial because the resources are not available. It costs $100,000 a year to keep a person in prison. This person has spent 20 years in jail for a short period of vulnerability. Visit the Pamela Smart website.

The timing of this trial was a period in which juries were not sequestered from public attention. The media at the time were all over this story. She was spurned by the media who referred to her as 'a black widow'. One can imagine all the self-righteous Christians spurning her from the stairs of the court house. Child molestation is not murder. Twenty years for the boys that really did it strikes me as too long as well; but what might they have learned from the system; that its practical to deceive the court, that lying is practical. So we have unjustly convicted a person, whilst rewarding three others for lying throughout their 20 years in prison. Who do you think has the greater probability of convicting - the three liars or the wrongfully convicted woman who has obtained a Masters degree, and remains a productive member of society 'in prison'. You might well argue that she is afforded a productive life in prison...why shouldn't she stay there. That is not your decision to make. Just as voting in a democracy for these unaccountable politicians to impose their silly, arbitrary laws upon others is not your right. That is tyranny. Democracy is legitimatised tyranny. The majority is usually wrong because they are the sheep that will follow the loudest whistle.

Irrespective of the fact that she was found guilt, she has since become a mentor for all those incarcerated in her prison facility. She has achieved two Masters degrees whilst in prison. She has the support of Dr Eleanor Pam as well as Oprah.
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Author
Andrew Sheldon

Saturday, January 01, 2011

Extortion in San Diego - govt vs govt

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Here is a case which highlights the inherent corruption and inefficiency of Western democracy. I am reminded of the Filipinos fighting for a parliamentary style democracy. A little research will show that parliamentary democracy is just as bad.
This case, reported in the San Diego Tribune, draws attention to a law suit by the San Diego Police Association against the City government. The problem with this case is that the attorney who advised the police association had a reasonable case, but it was always going to be a difficult case to win. It highlights the problem with justice in Western countries, that it is no better than the justice system in Communist countries. The difference is that we think we are free, and we preserve a pretense of justice.

The City of San Diego pay $58 million in legal fees in 2010. Most of the legal cases were considered 'frivolous'. Many people will take these comments at face value, but its a lot of political posturing. I don't think they were frivolous cases. I think they were important cases, handled by an abysmal legal-judicial system.

The case highlights a lot of problems:

1. The conflict of interest - government as law maker and executor, running the police. The police ought to be privatised and regulated by private regulators. Government ought to have no executive authority.
2. Monopoly extortion - You have two monopolies extorting wealth from each other, the problem for police is that a union is weaker than a government who makes the rules, and who merely passes its legal costs onto long-suffering taxpayers. There are no consequences for the government who merely needs to pass on costs to taxpayers. There is no effective competition against a bad system.
3. Arbitrarily law - which means prosecutors and judges have no way of knowing the outcome. Our justice system is a lottery. Will the judge go by the spirit of the law, or the word of the law? Such dilemmas highlight the contradictions in the system. We need to see an end to statutory law, and a return to simply common law, until that system can be refined. Common law is law based on principles, held in context. Statutory law is out of context, potentially unprincipled, and vulnerable to loopholes and corruption by bad decisions. It inherently leads to subjective law making. Once corruption enters, you will not root it out.

I think the attorney Petersen has a case because there is extortion involved. His problem is arguing that point when the whole system is based on extortion, and judges have rubber-stamped it. Arbitrary rule is the basis of our legislature. The reason why there are kickbacks of all sorts and dubious decision making is because decisions are not required to be reasonable. The reason they are not required to be reasonable is because they are not 'argued' or 'defended', they are imposed by extortion, using money, 'political numbers', not reasons. It does not help that our politicians have amalgamated into parties, they were once independent. The problem is that their interests are divided on arbitrary 'jurisdictional' grounds, as opposed to reasons or issues. Unless and until people are fighting for issues, where reason is the standard of value, you can rest assured that you will continue to see arbitrary, senseless decision-making and an endless expansion of waste. Taxes will continue to rise, and political middlemen will keep on passing on costs to the 'long suffering', psychologically repressed taxpayer.
The only solution is political reform. The most simplest reform would be a refinement to the Constitution of the USA, Australia, Britain requiring politicians to be reasonable, i.e. For reason to be the standard of value, and disclosure of arguments to be the basis of political discourse. It sounds simply enough, and it is. It would make a huge difference. It would not however be enough. The system needs an overhaul. I wish I could say philosophers are better today, but they are probably worse. The issue is not quality, so much as 'quantity of good' anything. Even science has turned into a popularity contest.
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Author
Andrew Sheldon

Wednesday, December 08, 2010

Dubious sex claims against WikiLeaks' Julian Assange

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The arrest warrants issued by Swedish authorities should not be recognised, and Britain should refuse extradiction for the following reasons:
1. The quality of the allegations of sexual harrassment
2. The expectation that Sweden will use the warrants as a means of delivering Assange to the US authorities.

When you look at the allegations of sexual harrassment, they have no merit. By that I mean they are assertions which a person could easily back out of. Rape is not so vague. These allegations are vague in respect to all alegations. They are a beat up. One need only look at the evidence and the context. Consider the following from this NZ Herald article:
1. The US authorities have a bad reputation of fabricating evidence to persecute people who disclose state secrets. I can cite 3 examples raised in the NZ Herald. In this case, they are acting through Swedish authorities. The women 'raped' are probably CIA operatives based in Sweden.
2. Apparently "one woman accused Assange of pinning her down and refusing to use a condom". Pinning someone down need not be coercive, and of course it need not occur, as its a matter of conjecture. An accusation that they can walk away from. He might have initially refused to use a condom, but eventually consented. Otherwise she probably would not have waited more than a month before making a charge of rape....by 2 women.
3. "That woman also accused of Assange of molesting her in a way "designed to violate her sexual integrity" several days later". What does this imply? For starters, what is 'sexual integrity'. Did he tight her tits off, and spit them across the room? And if she was coerced into something, why is she going back 3 days later.
4. "A second woman accused Assange of having sex with her without a condom while she was asleep at her Stockholm home". If she was asleep, how does she remember? She was accosted in bed? The implication is that he demanded using a condom the 2nd time, otherwise she would not have struck around for the first time. He must have run out? So he did the right thing the first time, but he was short a condom the 2nd. This might make sense, but are we to believe that he ran out of condoms with two different women, or this is just part of his sales pitch?
5. Most importantly, "both women only made the claims after finding out about each other's relationships with Assange". i.e. They thought they were special. i.e. Jilted CIA operatives. Nice story.

The idea of having 3 witnesses is supposed to place the issue 'beyond reasonable doubt'. Watch as these accusations disappear. This is the evil US empire at work. Manipulation and 'slight of hand'. I don't believe it. There is far more evidence to suggest that these are CIA operatives fabricating stories to get Assange extradited. Once he is on US soil, these 'witnesses' will slightly modify their stories.

I personally do not think the Swedish authorities are involved. I do think the witnesses are CIA operatives who have been told to get close to Assange because the CIA knew what they were doing, or knew that they intended to release information. The reason I know that is because Assange lacks intellectual integrity, so there are destined to be people within his organisation who are likely to be unhappy with his efforts. Of course, the CIA also have the power to intercept communications, but if Assange is paranoia, then they needed to get close to him because he was going to avoid communications which can be traced. This is why women from Aug 15th are only now making claims against him. This is when the CIA started tracking him.

In this context, the British authorities should not release Assange. If they do, the Swedish authorities ought not to extradite him either to the USA. Australia ought to be taking action as well, since there is no reason to think that Australia does not have a case either, and he is an Australian citizen. Do I expect the Australian government to act? No, they always cow-tow to US authority.

I do think WikiLeaks as acted with a lack of integrity insofar as the information they have released. There is a lack of integrity in the principles, and I dare say, this is because of their concrete, incoherent rationalisations they have made about the US. The way the US has behaved merely highlights the justification for some effort. I just think they could have executed their efforts better. But don't think for a moment that the US would have stopped short of pursuing this guy on the 'off-chance' he would be a 'principled guy'. They were always going to make an example out of him. That is how governments act - 'shock and awe' - fear is their methodology for getting you to do anything from paying tax, to stop speeding, to not disclosing information. This is the way they act. Whistleblowing is ok, so long as you don't 'blow on them'.
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Author
Andrew Sheldon

Monday, September 27, 2010

Stupid conviction against Google

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Here is a stupid conviction against Google and its CEO. A French court has ruled that Google was guilty of defamation because a boy who typed his name into the search engine was offered the word 'rapist' as a suggested search option. Google has vowed to appeal the conviction.
Clearly in order to be a defamatory comment the comment must be shared with others so that there is some impact; there must be some plausibility of causation; and there must be some discernible impact on the child. Any parent who came to know the child was exposed to the word has the power to manage how the child uses the site, and of course whether they are able to know the meaning of the word.
I ought to be confident that the conviction will be overturned....but there is no knowing in this world. Might this be a case of a judge or jury using the legal system to achieve what it purports to be desirable outcomes.
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Author
Andrew Sheldon

ConvinceMe.Net - Anyone up for a debate?