July 31, 2011

What’s wrong with the world today…

Filed under: personal liberty by Victoria Liberty @ 2:04 pm

…is opinions like those expressed in this letter to the editor, which appeared in today’s Boston Globe:

“GREGORY BARISON’S letter suggesting that a responsible civilian gunner might have halted the slaughter in Norway is exactly, totally the wrong answer…Norwegian police are not normally armed; they should be to protect the public. Norwegian civilians are not armed and should not be. American civilians should not be armed, either. The credo we should seek to adopt is ‘arm the police, not the public;’ the irresponsible armed public is where the thousands of annual gun deaths in the US come from. Let’s grow up.”

Every statement in this letter is completely wrong. A state where the police are armed and the people are not is a state where the people are powerless to fight back if the government attempts to violate their rights, which, if this hypothetical government is anything like a typical government in today’s world, is a certainty. Additionally, it does not violate the rights of anyone for a person to be armed; therefore, no one has the right to say that other people “should not be armed.” It is each person’s decision whether to be armed or not. Personally, the more civilians that are armed, the safer and more free I would feel.

Also, I dislike when people write or say things like “let’s grow up,” because a person’s beliefs have nothing to do with their age. But if being grown up means calling for one’s own means of self-defense against government aggression to be taken away, I am proud to be childish and immature.

July 29, 2011

Yukari Miyamae talks about pat-downs

Filed under: privacy & security by Victoria Liberty @ 11:30 pm

Yukari Miyamae, who is facing charges for allegedly groping a TSA agent, gave an interview to the Boulder, Colorado, community radio station where she volunteers as a DJ. She explained her beliefs about airport security, how she felt during the “sexual assault” of the TSA agent, and her past which includes being kidnapped at the age of 7:

“I started this job in May and I’ve been subject to aggressive pat downs a few times…(where they are) grabbing my breast, grabbing all my sore sensitive area, from my side to the front of my body, to the inside of my thigh. I just suffer so much from being subject to a pat down…

“Hearing that I had no choice triggered my panic…I cannot remember all the details. I was in this space of desperation. My peripheral vision was shrinking. I see all these people surrounding me, including police officers with guns. All these people look taller than me…

“I felt the fear, I felt fear of being molested by these people…I cannot tolerate a stranger touching me.”

I would highly recommend reading the rest at TheDenverChannel.com.

July 27, 2011

Neil Entwistle and the Fourth Amendment

Filed under: law & crime by Victoria Liberty @ 8:00 am

Neil Entwistle

The case of Neil Entwistle presents a difficult dilemma. The crimes that he was convicted of in 2008 – the first-degree murders of his wife Rachel and 9-month-old daughter Lillian – are considered by many people to be among the worst crimes imaginable. But it is also true that police broke into his house with no warrant and no probable cause.

In his appellate brief, Entwistle, through his lawyer, Steven Maidman, argues that the search of his Hopkinton, Mass., house violated the Fourth Amendment to the Constitution, as well as Article 14 of the Massachusetts Declaration of Rights.

First a quick rundown of the facts: Rachel’s parents and best friend became concerned when she did not answer the door for a planned dinner. They notified the Hopkinton Police Department, and as a result officers used a Blockbuster card to break in through the locked door, walked through the house, looked in all the rooms, opened the mail, and turned on the digital camera. They failed to find the bodies of Rachel and her 9-month-old daughter Lillian, covered with blankets in their bed. When Rachel’s friends and family members became even more worried, the cops returned the next day, entered the house through the garage using the code that a neighbor gave them, and ultimately found the bodies.

I have to agree with team Entwistle that the police officers’ actions were wrong and violated the Constitution. As Entwistle’s appellate brief sets forth, “Searches and seizures inside a home without a warrant are presumptively unreasonable…But, the presumption of unreasonableness associated with the warrantless search of a home can be overcome when the police are faced with exigent circumstances.” Some examples of exigent circumstances would be a fire or if officers “have a reasonable basis to believe there may be someone inside who is injured or in imminent danger of physical harm.” Searching a home for evidence, however, does not fall under this category: “A warrantless entry to search for weapons or contraband is unconstitutional even when a felony has been committed and there is probable cause to believe that incriminating evidence will be found within.”

In Entwistle’s case, the police had no information that anyone was injured and saw no visible blood, fire, or property damage. Even though Neil, Rachel, and Lillian’s apparent disappearance was unusual and suspicious, there was no emergency that required the cops to break into the house on either of the two occasions. The second search, Entwistle’s lawyer writes, was by the officers’ own admissions for the sole purpose of looking for paperwork or other evidence that would help locate the Enwtistles. In short, “the federal and state constitutions have never permitted warrantless searches of homes by the police to rummage for paperwork or for other evidence that may help locate missing people.”

Although it is difficult and likely extremely unpopular to say so, I think Entwistle should be granted a new trial and the evidence seized as a result of the unconstitutional searches should be thrown out. The Bill of Rights safeguards the liberty and privacy of all people, including those who find themselves accused, truly or falsely, of horrible crimes. These fundamental rights cannot be suspended no matter how hated a person is or how guilty they may seem.

Read Entwistle’s appellate brief here (PDF).

July 26, 2011

Dominique Strauss-Kahn’s trial by media

Filed under: law & crime by Victoria Liberty @ 7:28 am

Dominique Strauss-Kahn

Photo by Philippe Grangeaud, via the Socialist Party on Flickr

The hotel maid who is accusing Dominique Strauss-Kahn of attempted rape, Nafissatou Diallo, revealed her side of events in interviews with Newsweek and ABC. “Because of him they call me a prostitute. I want him to go to jail,” she said, among other things.

Not for nothing, but because of her, Strauss-Kahn’s dream of becoming president of France seems to be over, he lost his job as director of the IMF, he has been brutally criticized  by journalists, columnists, and talking heads in every form of media, newspapers have run sensational and insulting front-page headlines about his private life and branded him “Le Perv” and “Pepe Le Pew,” he was thrown in jail, he and his wife have had to spend hundreds of thousands, if not millions of dollars on legal fees, guards, publicists, and private investigators, and his reputation has been irreparably damaged.

It seems that for various reasons – money, politics, disapproval of his personal life, or wanting to make a name for themselves – people have been attacking Strauss-Kahn from all directions. Just as he got some encouraging news when prosecutors acknowledged the flaws in their case, his French accuser, Tristane Banon, filed a claim against him for an alleged attempted rape eight years ago. Banon’s mother also claimed that she had sex with Strauss-Kahn, further sullying his reputation. Now the New York District Attorney’s office is trying to get Banon to testify in their case, which Banon’s lawyer, reversing himself, now says she’d be willing to do. Both accusers could pursue civil suits against Strauss-Kahn, which Diallo’s lawyer has said she plans to do. There is even the possibility that he could be prosecuted in France for the alleged events in New York!

My favorite thing in this new series of events is the response by Strauss-Kahn’s lawyers. They said in a statement:

“Ms. Diallo is the first accuser in history to conduct a media campaign to persuade a prosecutor to pursue charges against a person from whom she wants money. Her lawyers and public relations consultants have orchestrated an unprecedented number of media events and rallies to bring pressure on the prosecutors in this case after she had to admit her extraordinary efforts to mislead them. Her lawyers know that her claim for money suffers a fatal blow when the criminal charges are dismissed, as they must be.”

“This conduct by lawyers is unprofessional and it violates fundamental rules of professional conduct for lawyers. Its obvious purpose is to inflame public opinion against a defendant in a pending criminal case. The fact is, however, that the number of rallies, press conferences, and media events they have orchestrated is exceeded only by the number of lies and misstatements she has made to law enforcement, friends, medical professionals and reporters.”

“It is time for this unseemly circus to stop.”

Right on. It is not classy to try a criminal case in the media, as Diallo and her lawyers are doing. The District Attorney’s office should be allowed to make the decision about dropping the charges based solely on the evidence, without being pressured by public opinion.

July 23, 2011

Why Caylee’s Law is a bad idea

Filed under: law & crime by Victoria Liberty @ 10:31 pm

In the wake of Casey Anthony’s acquittal in the death of her 2-year-old daughter, Caylee, there have been proposals in numerous states and even the federal government to pass “Caylee’s Law.” The various versions of the law would make it illegal for parents not to report a child missing or dead within a specified time period. I tend to be skeptical of laws that are passed as a result of high-profile tragedies. The purpose of the law should be to define people’s basic rights and liberties. Since the rights that people should have do not change as a result of sensational trials, laws shouldn’t, either. And in my opinion, Caylee’s Law is no exception to this.

First of all, as Maia Szalavitz at Time points out, Caylee’s Law would be difficult to enforce. What if parents were trying for hours to resuscitate a drowned child and were so exhausted they didn’t think of reporting the death? What if parents and/or caretakers were confused about who was supposed to be minding the child? What if an older child or teen simply decided to go to the store on their own, or stay out later than their parents expected? Caylee’s law would make more work for hospitals which would have to report children’s deaths, as well as for police departments, which would have more missing child reports to investigate, most of which would not actually involve any danger to a child.

Speaking more philosophically, another problem with Caylee’s Law is that it would not criminalize an action, but merely the failure to take action. The law should only penalize taking actions that violate the rights of others, and failing to report your child’s death or disappearance, although it might come across as heartless or neglectful, does not rise to this level. You cannot predict every possible scenario that might occur in which a child dies or goes missing, so there is always a chance parents who fail to make a report have a good reason for doing so. People should not have the burden of proving that they didn’t do anything wrong when they didn’t actually do anything, but merely failed to act.

July 21, 2011

Why free birth control is unfair

Filed under: culture & social issues,health by Victoria Liberty @ 9:51 pm

In yesterday’s Globe, there were two stories that made me kind of mad, for reasons that are, in a strange way, related.

One was about a federal government panel’s recommendation to require all insurance plans to ”offer female patients free coverage of prescription birth control, breast-pump rentals, counseling for domestic violence, and annual wellness exams and HIV tests,” as well as ”screening for gestational diabetes in pregnant women; more sophisticated testing for a virus, known as HPV, that is associated with cervical cancer; annual counseling for sexually active women on sexually transmitted infections; and multiple visits to obtain preventive services if they cannot be provided in one annual examination.”

Supporters of these recommendations say that they will improve people’s health, prevent unintended pregnancies, and possibly prevent large expenses in the long run. But what people really need to think about is what is fair. None of these services will be truly free, of course. Requiring insurance companies to cover them with no co-pays or deductibles equals requiring everyone, regardless or whether or not they use them, to pay for them. This is simply not fair. Contrary to what many people seem to think, sex is not something that people need to live; it is an activity that people can choose to participate in, or not, just like playing sports, reading, blogging, or buying a house, for example. It is unfair for everyone to be required to subsidize some people’s choices.  These recommendations would force people who do not have sex (who may be a tiny minority but do exist) to pay higher insurance prices with no added benefits.

It is also worth mentioning that because the U.S. Preventive Services Task Force “has historically paid less attention to gender-specific recommendations, the law’s drafters required that the Department of Health and Human Services issue a supplementary list for women.” This is extremely sexist. Men and women should be treated equally in all respects, and giving women special treatment and attention is both unfair and insulting. Would men have to pay for contraception and STD treatment under the new recommendations, while women wouldn’t? That is precisely the kind of thing feminists should oppose.

The second article in the Globe that made me mad was Jeff Jacoby’s column arguing in favor of population growth. He writes that ”the birth of virtually any baby is cause to rejoice” because ”human beings…usually create more than they destroy” and “when human beings proliferate, the result isn’t less of everything to go around.” He quotes economist Bryan Caplan, who said, ”The world economy is not like a party where everyone splits a birthday cake; it is more like a potluck where everyone brings a dish.”

While possibly true about some things, for the world’s most important resources this is completely false. No matter how inventive, hardworking, and talented people may be, they cannot create more land, more water, more oil, or more coal. There is simply a finite amount of these things, and it is a mathematical fact that the more people there are, the less of these things each person will have. I have seen with my own eyes houses being torn down to make way for condominiums, more people packed into the same amount of space. The Earth is not merely full, as Thomas Freidman at the New York Times wrote, it is beyond full. Although Jacoby calls opposition to population growth a “persistent and popular superstition,” I believe it is unpopular but right. He may call people like me “churlish” and “misanthropic,” but he is the real misanthrope for wanting people to be condemned to a world with inadequate space, nutrition, and fuel.

This might seem like an odd pair of beliefs for one person to have: opposing making birth control free but also opposing population growth. But it really isn’t. I thought of two ways to solve the problem of overpopulation which may not be practical or popular, but which I believe are truly fair:

  1. Health insurance should only cover medical services that are necessary and that were not directly caused by a person’s own actions. Some of the things mentioned in the recommendations, such as domestic violence and STD counseling, are not exactly health services. Others, such as contraception and pregnancy-related services, are not needed to live, because the decision to have sex and/or have children is a choice. And others, like STD testing and treatment, are only needed as a result of certain decisions that people make. The purpose of insurance is to cover large, unexpected expenses. Covering things that are discretionary or that are predictable and preventable results of people’s actions, is unjust to all of the people who pay into the insurance pool.
  2. If making birth control more easily available is unfair, how can the world solve the problem of overpopulation? In my opinion, the best solution is simply to enact a tax on having babies. Creating a new person is not a fundamental right; it is a choice that has negative externalities because it reduces the available amount of land, water, and fuel. Internalizing this externality is a perfectly fair way to get the world’s population under control.

July 22 update: The L.A. Times has an op-ed about exactly this topic, arguing that population growth is a huge problem that the public and the media ignore. I really like most (but not all) of it; check it out!

Yukari Mihamae update

Filed under: privacy & security by Victoria Liberty @ 7:42 am

Here’s the latest on alleged TSA agent groper Yukari Mihamae (or Miyamae, I’m not sure which spelling she prefers). She will not face felony sexual abuse charges, which she was initially charged with, but she isn’t completely off the hook. The district attorney turned the case over to city prosecutors, who may prosecute her for a misdemeanor.

Her lawyer gave the following statement:

“Ms. Miyamae says she told TSA agents she wanted to be screened by the metal detector gate.

She did so out of concern for excessive radiation exposure from the full-body scanners, as she is a frequent business traveler.

Her request was denied. She was soon surrounded by TSA agents. One TSA agent, a tall woman, approached Ms. Miyamae, who is only five feet tall.

Ms. Miyamae felt panicked and experienced a volatile aversion to the TSA personnel violating her personal physical space.

She felt endangered and threatened based upon prior traumatizing security pat-downs, repugnance at the prospect of being touched again in such a violent and undignified manner, and instinctively pushed the female TSA agent away.”

In response to the public support her client has garnered, Mihamae’s lawyer says: ”"She sincerely appreciates the support…She was violated by all this and has been traumatized…She’s surprised by all this, but she is a strong woman. She feels the way the TSA treated her and others is not dignified.”

Support her on Facebook!

Sources: Daily Mail, USA Today, Fox NewsMaricopa County Attorney press release

Blogs and opinions: David Shapiro at the Honolulu Star Advertiser, Justin Tenuto at Rocket Lawyer, and Rich Abdill at the Miami New Times.

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