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crime and punishment national politics & policies

Police Incentives Matter

“For every bullet the German police fired on duty in 2016, American police killed 10 people,” writes Jason Brennan for MarketWatch. “Even overwhelmingly white states like Wyoming and Montana imprison citizens at higher rates than authoritarian Cuba.”

What is going on here?

And by here I mean “these United States of America.”

Well, Brennan, who is the Robert J and Elizabeth Flanagan Family Professor of Strategy, Economics, Ethics, and Public Policy at Georgetown University’s McDonough School of Business, has an answer.

“What matters even more than black and white is green,” he writes, referencing the current protests and riots sparked by coverage of the George Floyd killing by Minneapolis police. “Fixing our criminal justice system means fixing the incentives.”

Professor Brennan points the finger at a number of federal programs:

  • The 1981 Military Cooperation with Law Enforcement Act “authorized and incentivized the U.S. armed forces to train police in military tactics” while the 1990 National Defense Authorization Act established a pipeline from the military industrial complex to local police forces.
  • The drug war set up police theft of private property via civil asset forfeiture, and encouraged federal drug warriors to share the loot with local police departments.
  • In many localities, direct election of prosecutors leads to campaign boasts about prosecution stats and long sentences, even when these policies make us less safe.

There’s a lot here to mull over, and you may not agree with everything Brennan argues, but the basic point is quite clear: “Even if we magically erased all racism overnight, the U.S. would still be harsh and violent” — and that because our politics has skewed incentives all wrong.

Getting rid of programs and laws that disincentivize good policing is a must.

This is Common Sense. I’m Paul Jacob.


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crime and punishment folly

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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crime and punishment ideological culture

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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Accountability crime and punishment

Minneapolis Burning

Minneapolis is up in smoke, after protests became rioting became looting became conflagrations became nightmare. At issue is the police killing of civilian George Floyd.

It was the biggest story in the news, this week, and you can see why. Watch the video of a white policeman with his knee on the neck of a black man, Mr. Floyd, as he pled for his life — as bystanders pled for his life.

It is harrowing.

Scott Adams notes that this became a race issue . . . in which everybody agrees that the police were in the wrong. The best kind of race issue?

Except it shouldn’t be merely a race issue. It should also be an issue of accountability. There are too many killings by police where the perpetrators face zero accountability. 

Jay Schweikert, a policy analyst with the Cato Institute’s Project on Criminal Justice, advocates a direct, practical approach for restoring police accountability: End what is known as “qualified immunity.” 

That’s where police and other public officials are held to a lesser legal standard when it comes to court cases charging them with violating our rights. This is the reason, argues Schweikert, that “members of law enforcement routinely get away with horrific misconduct.” 

There are several petitions currently pending before the U.S. Supreme Court that could lead to a legal reconsideration of the idea.* But without regard to any legal judgement, lawmakers in legislatures and citizens by petition can expressly repeal qualified immunity.

And should.

Without police accountability, what freedom is there?

This is Common Sense. I’m Paul Jacob.


* “[Q]ualified immunity is a legal doctrine that was invented from whole cloth by the Supreme Court,” Schweikert explains, “in open defiance of Congress’s decision to provide people with a federal remedy for the ‘deprivation of any right[]’ at the hands of a state actor.”

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crime and punishment general freedom too much government

Pocket Prohibition?

Should the FDA outlaw backpack pockets?

Trick question. 

Oh, you said “no”? 

Okay, not that tricky . . .

But a little tricky. The FDA doesn’t want to prohibit backpack pockets as such. Only backpack pockets that can hide vaping equipment, like an e-cigarette.

Such pockets could presumably also hold a pen, thermometer, stick of beef jerky, perhaps even a plastic straw or spindled dollar bill. The list of cacheable contraband is endless. But it’s the thoughtcrime that counts.

The FDA wants to deploy its power to regulate food and drugs to also bully makers of pockets and other things that facilitate peaceful actions of which FDA officials disapprove. For now the agency is sending stern letters to sellers of legal products. 

Tomorrow it may send SWAT teams.

“The FDA is especially disturbed by some of these new products being marketed to children and teens by promoting the ease with which they can be used to conceal product use,” frets Mitch Zeller, king of the FDA’s Center for Tobacco Products. (It’s not an emporium.)

Various products that could help a person vape furtively are on the FDA’s hit list. Many of these products never hurt a fly. Backpack pockets in particular are getting a bad rap. I’m a fan of backpack pockets and hope the production of every kind of backpack pocket will continue unabated.

So, regardless of any animus that certain functionaries may feel about the covert carrying of e-cigarettes, pencils, or swizzle sticks, let them leave backpack pockets alone.

This is Common Sense. I’m Paul Jacob.


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crime and punishment general freedom too much government

The Wisdom of Freedom

“Salon À la Mode owner Shelley Luther was sentenced to seven days in jail for criminal and civil contempt and a $7,000 fine,” the Dallas-Ft. Worth CBS affiliate reported Tuesday, “for defying Governor Greg Abbott’s stay-at-home rules.”

She dared to open her beauty salon . . . and tore up a county judge’s related and official-looking cease and desist order.

Another judge offered to spare her jail if she would confess that her “actions were selfish” and, the judge lectured, “putting your own interest ahead of those in the community in which you live.” Luther responded decisively: “Feeding my kids isn’t selfish.”

Calling for Luther’s “immediate release,” Attorney General Ken Paxton articulated smart policy: “The judge should not put people in jail like her who are just trying to make a living.”

That should be written in law — sans the “like her” part.

The agile Governor Abbott, the rule’s originator, ducked responsibility with “surely there are less restrictive means to achieving [public safety] than jailing a Texas mother.”

Then, governor, why the command

“I am modifying my executive orders,” Abbott declared yesterday, “to ensure confinement is not a punishment for violating an order.” 

The Lieutenant Governor paid her fine.

Shelley Luther was “free” — and on Fox News last night.

But have we learned anything? 

Why not provide the public with the best information available and allow people to make their own decisions? No orders. Businesspeople would be free to do what they think is best. At-risk folks would be free to be very careful. 

Obviously, governments can help. But best through persuasion, remembering they work for us

Free people.

This is Common Sense. I’m Paul Jacob.


Note: In The Wisdom of Crowds (2004), James Surowiecki posited that “a diverse collection of independently deciding individuals” can make complex decisions better than the experts. Exactly.

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