Watch It While You Can
Monday, December 13th, 2010This is great.
This is great.
Over at Hit & Run, I’ve put up a long post debunking claims from the right that the ACLU has been silent on TSA abuses.
My column this week looks at how police use regulatory inspections as a guise to conduct warrantless criminal searches.
Longtime readers: The column includes an unfortunate update in the David Ruttenberg/Rack ‘n’ Roll Billiards case.
You always hear and see that phrase from right-leaning folks, typically when a white person, a Christian, or some other non-minority person is harmed in some way. I’m working on a column about why that criticism isn’t fair. But in researching it, I found a particularly nasty slagging of the organization that I thought I’d share with you. In the op-ed, published by a pretty prominent advocacy organization about one particular high-profile case, the authors write:
…we are horrified by the ACLU’s betrayal of political reality and plain common sense…
Long ago it defended the right of American neo-nazis to march through Skokie, a heavily Jewish suburb of Chicago.
The ACLU has also defended the right of such loathsome haters as the Ku Klux Klan to gather and speak….
Turning to the specific case their piece is about, the writers then argue that the ACLU’s position . . .
. . . is the equivalent not of guaranteeing individual Nazis the freedom to march, but instead of granting the Party itself the right to drive tanks down the street, guns ablazing.
It’s not the same as giving individual Klan members the right to hold a rally, but rather for the organization to do public lynchings as part of a terror campaign aimed at taking tangible power.
The writers also state that the authors of the First Amendment would be “horrified,” that the people the ACLU defended in this case are “anti-human,” and “the enemies of democracy.”
So take a guess where the op-ed appeared, and to which case the authors are reacting. Then check here to see how you did.
Jeff Tweedy and the great Mavis Staples perform “You Are Not Alone,” off Staples’ new Tweedy-produced album.
Michael Allison, the guy I wrote about in my Reason feature on cops and cameras who is facing 75 years in prison for recording police, a judge, and an employee in the court clerk’s office, is still in need of a good attorney. If you’re interested, drop me an email and I’ll put you in touch with him.
It’s a phrase that could describe so many of the things we cover here.
But in this case, it’s referring to this ninja squirrel.
A Happy Friday! list of criminal justice outrages…
Over at PJTV, Glenn “Instapundit” Reynolds interviews Evan Nappen, the attorney for New Jersey resident Brian Aitken. In August, Aitken began serving a seven year prison sentence firearms possession, even though he had purchased the guns legally, and made a concerted effort to comply with New Jersey law.
Read my column on Aitken’s case here.
Kevin Gozstola plays a litlte gotcha with Joe Lieberman. Here’s Lieberman advocating for a DOJ investigation and possible prosecution of the New York Times and other media outlets for publishing portions of the Wikileaks cables:
“And, again, why do you prosecute crimes? Because if you don’t–Well, first you do because that’s what our system of justice requires. Second, if you don’t prosecute people who commit crimes, others are going to do it soon and again.”
And here’s Joe Lieberman in 2009, explaining why he opposes any investigation of members of the Bush administration who endorsed and advocated torture:
We’re opening a door that’s going to make it hard for any administration in the future to get the kind of legal advice that it wants, let alone deal with people who are suspects that may have information in the war on terrorism…
Well, I mean, there’s no end to this if you go on…There is simply nothing to be gained from it and it is going to have a bad effect on every administration of any party that follows in the generations ahead.
Thanks to Matt I. in the comments for the pointer.
Yeah, I’ve been out of commission. My excuses: deadlines, a migraine, and last night’s Colts-Titans game. The good news is, the FDA has now approved Botox injections for migraines. Which means less pain for me, and I’ll get to keep my youthful, girlish glow.
Here are your morning links:
Among the 11 countries who will be boycotting the Nobel Peace Prize ceremony for Chinese dissident and human rights activist Liu Xiaobo: Iraq and Afghanistan.
Over at the Nashville blog, I’ve posted my interview with Marshall Chapman, Nashville’s foul-mouthed debutante, singer, actress, author, and part-time cultural historian.
My cover story from the January issue of Reason is now online.
NSFW, because of the profane.
Of all the crazy criminal justice stories I’ve reported on, linked to, and commented on here, this one could well be the craziest. A summary really doesn’t work. Just read. And behold.
My column this week is a round-up of the latest developments in the ever-strange saga of Steven Hayne and the Mississippi death investigations system.
Nashville’s News Channel 5 posts this headline:
Red Light Cameras Cut Down on Crashes
It’s referring to an article in the Clarksville Leaf Chronicle with this headline:
Red light cameras working in Clarksville, police chief says
But look at the actual numbers and it’s not at all clear that the cameras are “working,” at least if you believe “working” to mean “making the roads safer.” What’s clear is that local authorities want to give the impression that the cameras are preventing accidents, even if the numbers don’t bear that out. The police chief focuses on side-impact collisions, which fell from 72 in 2008 to 64 in 2009 after the cameras were installed. That’s a modest drop, and it wasn’t consistent across the city. For example, one intersection had four side-impact collisions in 2008, five in 2009, and has seen 11 already this year.
In fact, overall collisions are up at the intersections where Clarksville has installed red light cameras (a result we’ve seen nearly everywhere they’ve been installed). The city just chooses to ignore rear-impact collisions when evaluating the cameras. Those collisions increased from 138 in 2008, to 173 in 2009, to 169 through October of this year. It’s true that side-impact collisions are generally more dangerous than rear-impact collisions. But even taking that into consideration, it’s a bit of a stretch to say that a decrease of eight side-impact collisions coupled with an increase of 25 rear-impact collisions shows that the cameras are preventing accidents.
But there is one way that the cameras are working out quite well:
Clarksville’s red light camera program has already issued more than 10,000 tickets, bringing in about $1 million in revenue.
Interestingly, about $600,000 of that revenue goes to Redflex Traffic Systems, Inc., the company that manufactures and operates the cameras. And how’s this for a display of twisted incentives:
Buoyed by the program’s early results, police plan to expand the program to two other intersections, Highway 76-Interstate 24 and Fort Campbell Boulevard-Lafayette Road. Both are in the top 10 in number of accidents.
Ansley said they have to wait for Redflex’s approval, because any new intersections would have to be profitable for the company to cover the cost of the cameras.
So Redflex gets to dictate where the cameras go. Which means that if the cameras really are effective at preventing accidents and red light runners, as the intersections get safer, Redflex’s profit margins (and city revenues) get thinner. If I were a Redflex executive, I’d put the cameras at intersections where there’s lots of red-light running, but where cameras aren’t likely to be very effective at preventing it.
The best approach doesn’t bring in any revenue, for camera makers or city governments: Lengthening the duration yellow lights has proven to be much more effective at preventing accidents than cameras. Which of course is why several cities have been caught making intersections more dangerous by shortening yellow lights in order to generate more tickets.
President Obama finally ended his pardon drought last week. Only George Washington and George W. Bush went longer before issuing their first pardon. Obama granted nine pardons, but kept with the recent trend of granting pardons to the people least in need of one.
P.S. Ruckman, who runs the Pardon Power blog, isn’t impressed. Ruckman points out that the average time between the initial offense and last week’s pardons was more than 28 years. Six of the nine people Obama pardoned didn’t commit an offense that merited incarceration. The maximum prison sentence among the nine was two years. One of the nine was pardoned for defacing coins in 1964, an offense for which he was punished with probation and a $20 fine.
Like his predecessor, Obama has assumed and asserted a host of constitutionally questionable presidential powers since taking office, including the power of detain people indefinitely without trial, to render people over to other countries where they might be tortured, to assassinate U.S. citizens, and on the occasions he uses any of these powers, the power to keep it all secret from the public and the other branches of the federal government. And also like his predecessor, Obama at the same time has proven stingy—to the point of becoming a historical outlier—with one of the few powers the Constitution actually grants to him explicitly.
It’s worth noting that the questionable powers he guards zealously allow him to detain, torture, and kill, while the power he’s eschewing bestows mercy or, when used properly (and it usually isn’t), acknowledges the flaws in the federal government’s criminal justice system and the people victimized by them.