Roberts: Don’t Leave Home with Two Phones on Your Person; Dems and White Males; Executions, Prison, and Sentencing Costs; and WS Quotes
– I have my own personal phone and also a business phone. I am also a straight up guy, former Marine Sergeant, Scout Leader, VP on a Planning Commission for the Township, etc. etc. etc. I travel a lot and I do get out and walk the streets of the cities I visit for exercise and out of sheer boredom from being cooped-up. More than likely I will carry both of my phones as someone could call me from overseas and my family may want to get a hold of me urgently. I separate business from family as the company already knows too much about my life. For a person to carry two phones on your belt, in your purse, or in your brief case; here is an interesting take on carrying them:
Police suggest those who carry two phones can be suspected of selling drugs. Chief Justice John Roberts, the pillar of court activism, says there may be reasonable cause for police officers to believe that people carrying two phones are also engaged in the sale of drugs. Huh? So, don’t leave your home with two phones on your person as Roberts just (almost) made it legal for the police to stop and question you while you are walking to the nearby Chop House or Ruth Cris’s restaurant to meet clients for dinner.
It is worth the read at Crooks and Liars:”The Supreme Court’s Real Technology Problem: It Thinks Carrying 2 Phones Means You’re A Drug Dealer” Originated at: parker higgins dot net; The Supreme Court’s real technology problem
– Do Dems really need White Males when there exists a growing Hispanic population? Digsby writes a snippet of her Salon article on Hullabaloo exploring the Democrats efforts to bring back the Southern White Male into the fold.
[I]f those conservative, white Southern male voters ever wake up to the fact that their enemies aren’t feminazis, African-Americans or Latinos and figure out just who it is who’s really keeping them down, I’m quite sure the Democrats would be proud to have them back in the fold. Until then Bubba’s going to be the heart and soul of the GOP. He’s their problem now.
HT: Can the Democrats finally stop chasing their (Southern male) white whale? and GOP’s white Southern men problem: Why they can’t hold Democrats down any longer
– From my literary dungeons or a little bit of Gonzo: “Your procedure would be prohibited if applied to cats and dogs,” Justice John Paul Stevens told a lawyer arguing for Florida. John Paul Stevens comment was made when this drug-induced-death procedure was in place for the execution of prisoners:
1. Barbiturates are injected into the person to anesthetize them. This in itself could be the delivering blow to life if delivered in a massive dose. Prison officials do not want to subject the witnesses and executioner to 30 minutes of waiting for death.
2. Pancuronium bromide is injected as a paralytic agent to keep the prisoner from twitching. It is not needed to cause death. It also makes it harder to tell if the prisoner is sufficiently anesthetized and in pain from the final dose.
3. Potassium Chloride is administered which causes a painful cardiac arrest if the prisoner is not sufficiently anesthetized. Dogs are no longer put to sleep using this method as it is painful. No precautions are taken to assure a prisoner is sufficiently anesthetized and much is done to prevent knowing such.
Since then many drug companies will not sell to the state governments as they get a bad rap for supplying drugs for execution. I can personally vouch for the potassium drip as twice I tolerated them in 2012 a week at a time. It burns as it goes up your arm. There is more to this argument against the death penalty.
And if they are innocent? From 1973 through 2003, 125 prisoners have been released from death row due to wrongful convictions. In 2003 alone, 10 prisoners were released. In 2000, Illinois Governor Ryan commuted the sentences for 167 inmates on death roll to natural life in prison. His reasoning was he could not be sure of whether the convictions were legitimate after releasing the 13th inmate from death roll due to wrongful conviction. 13 of 180 or ~7% error rate in Illinois. ~3800 inmates were on death row in 2000 and up till that point, 125 were released and exonerated for a percentage of ~3.2%. While not exact (it is probably higher), the 3.2% stands in defiance of Louisiana State Prosecutor Marquis and Supreme Court Justice Scalia’s claim of less than 1% being innocent and sentenced to death.
And what about the cost of housing them? Execution could be cheaper if we were to subvert the rights of prisoners during trial and on appeal to state and federal courts. A 2003 legislative audit in Kansas revealed total costs for the death penalty at 70% more than non-death sentence cases with a median cost of $1.26 million as opposed to $.74 million. Since 1995 when the death sentence was reinstated in NY, the cost for each of 5 people condemned, not executed yet, was ~$23 million per person for a total of $165 million. The Comptroller for the state of Tennessee audit revealed that death sentences cases increased costs by 48%. These are costs associated with the trial up till and including sentencing and not taking into account appeals.
“New Jersey taxpayers over the last 23 years have paid more than a quarter billion dollars on a capital punishment system that has executed no one.” 197 capital cases, 60 convictions, 50 overturned, and no executions carried out since 1983. Average cost = ~$25 million/conviction.
And then we have the botched executions. “technician looked at Lockett’s arms, legs, feet and neck before ultimately placing the IV in Lockett’s groin area five minutes before the blinds were lifted, Patton wrote in a timeline sent to the governor. The area with the IV was covered by a sheet so that witnesses couldn’t see his groin, blocking their view of the vein where the needle was inserted.
After Lockett said he had no last words, the execution began. They administered the drug midazolam, which is meant to induce unconsciousness. Ten minutes later, they announced that he was unconscious. “This is the first execution I’ve covered that they’ve made a point of pronouncing someone unconscious before they pronounce him dead,’ Branstetter said.
Three minutes later, ‘he violent reaction’ began, she said. First, she saw his foot kick. Then his body bucked, he clenched his jaw and he began rolling his head from side to side, trying to lift his head up, grimacing and clenching his teeth. ‘He mumbled some things we didn’t understand,’ Branstetter said. ‘The only thing I could make out was when he said ‘man.’
It looked like he was trying to get up, she said.
‘He looked like he was in pain to me,’ Branstetter said. ‘How much pain, nobody knows but him.'” What it was like watching the botched Oklahoma execution
There is no living hell like being confined for the rest of your natural life in a level 4 prison with 4-8 hours out and the rest of your time in a cell. In a level 5 prison, the shower comes to you and you have 1 hour out by yourself.
– Were they Wrong?
“Both give rise to a systematic aversion to government regulation of private economic activity. For him, recognition that the workings of such markets sometimes destroy asset values, jobs, or even entire industries is still not ground for interference in the economy in the aggregate, or with individual transactions to which two or more private parties voluntarily agree.”
In a “state of shocked disbelief,” the maestro of the US economy testified to Congress that he also “contributed” to the economy’s recent downfall; but, but, he did not cause it. He testified that “he made a mistake in believing that banks operating in their own self interest would also protect their shareholder and depositor’s interests.”
Waxman (soon to Retire) “My Question for you is simple. Were you wrong?; “Well partially,” the former Fed Chairman answered. Even as billions of dollars are pumped into the economy to maintain liquidity and prevent the nation and the world from plunging into a depression, Greenspan will not admit his turning a blind eye to Derivatives, telling the world to look elsewhere to invest, and keeping Fed interest rates at 1% for too long as he led the largest economy of the world off a cliff. Hard to belief this testimony and his philosophy, it is ok to have these types of recessions as long as there is no regulation to prevent them from occurring as a result of this market.
Some Comments from some of the characters who helped bring about this crisis:
“Greenspan shot back that CFTC regulation was superfluous; existing laws were enough.’Regulation of derivatives transactions that are privately negotiated by professionals is unnecessary,’ he said. ‘Regulation that serves no useful purpose hinders the efficiency of markets to enlarge standards of living.'”
Senator Gramm opened a June 21, 2000 hearing calling for ‘regulatory relief:’ “ ‘I think we would do well to remember the Lincoln adage that to ask a society to live under old and outmoded laws — and I think you could say the same about regulation — is like asking a man to wear the same clothes he wore when he was a boy.'”
“Levitt’s thoughts: ‘In fairness, while Summers and Rubin and I certainly gave in to this, we were not in the same camp as the Fed,’ he said.’The Fed was really adamantly opposed to any form of regulation whatsoever. I guess if I had to do it over again, I certainly would have pushed for some way to give greater transparency to products which turned out to be injurious to our markets.'”
“Goldschmid, the former SEC commissioner and the agency’s general counsel under Levitt: ‘In hindsight, there’s no question that we would have been better off if we had been regulating derivatives — and had a clearinghouse for it.'”
“On Sept. 26, 2008 SEC Chairman Christopher Cox shut down the program. Cox, a longtime champion of deregulation, said in a statement posted on the SEC’s Web site, ‘the last six months have made it abundantly clear that voluntary regulation does not work.’”
“cast the shadow of regulatory uncertainty over an otherwise thriving market, raising risks for the stability and competitiveness of American derivative trading.” Summers testifying in front of Congress on the memo coming from the Cassandra of the coming crisis Brooksley Born. Congress placed a 6 month moratorium on the CFTC’s powers to regulate derivatives. Brooksley resigned June 1999.
More at another time.
Run,
As to cell phones, etc., the SCt justices in question are obviously out to lunch and have been confined to their ivory towers too long.
As to the death penalty, have you noticed that it’s principally bible belters in favor. I get the impression that they don’t trust Jesus/God to do a good job of judging so they need to make sure it’s done right.
As to Greenspan, et al., the proof’s in the pudding, isn’t it?
JackD:
I had to stop somewhere in posting what I did. The imprisonment rate is 1/13 in Georgia, 1/36 in Missouri, and 1/88 in New Hampshire. The Death Penalty runs in the same manner with Texas, Virginia, Oklahoma and other southern states leading the eye-for-an-eye punishment. There is no evidence the death penalty is a deterrent to crime. Its another post I have to write some day and I have all of the relevant supporting docs available. Just need the urge.
Run. Great stuff!
For about four separate posts. How could anyone focus a response on all this? Without seeming to ignore “the most important point”.
By my count we got “Cell Phones”, “Southern White Males”, “Botched Executions” and “Maestro Greenspan: Asshole”. Not that I disagree on anything but where would I start to comment here?
Oops sorry, my third cell phone is ringing, guess I’ll have to take this up later.
Bruce:
I like reading Russo and Thompson. Since I stayed in upstate NY for a couple of years, I would visit the towns Russo would write about such as North Bath/Gloversville in “Nobody’s Fool.” I also went to Utica to look for the old stadium the Utica Blue Sox played in as written by Kahn “Good Enough to Dream.” A little bit of Sully in me. Frank Baum came from Chittenago, NY and as you enter the town from the east on 5 you will pass a dancing scarecrow sign citing his residency. The Erie Canal landing of the 2nd canal is there as well as the 1st canal and the 3rd and still operational canal besides Chittenago Falls which is about as high as Niagara. My wife of 40+ years said I fit in this part of the country as I would be stomping around the area in the woods and hills exploring. My father’s family hales from western NY having migrated from eastern NY. Much of the land Cornell sits on came from them. It is an interesting area of the country except this is the home of really white people. In Summer, there was a discernible difference between myself and them in coloring.
I was coming home from Arizona and before I left home I grabbed a couple of books to read going back and forth. I finished up Gwynne’s “Empire of the Summer Moon” about the Commaches and started reading Thompson’s “Songs of the Doomed” Gonzo Papers Volume 3 a first edition I had obtained some yearly previously. I like the way Thompson writes.
What you are reading today is from a collection of posts I had written over the last 14 years when I started on Slate’s The Fray and Best of the Fray. JackD and Bev were there with me and from time to time you will see others drop by to read our eclectic approach to economics or as the astute would say “Eclecticism.” I am no that quick and it takes me time to compose. I have to finish up one I started a while back and get that up next week.
Yves has a pretty good read here: http://www.nakedcapitalism.com/2014/05/empire-decline-city-city-town-town.html by Peter Van Buren. It talks about decaying towns in the US. I tried posting there; but, I think I made a mistake somehow as it did not materialize.
Peter Van Buren also talks about Camp Lejeune as being a gated community in NC. What he describes is not the Camp Lejeune I remember with the brick barracks; the blue panel trucks pulling up to them in the lunch/evening selling cardboard pizzas, Royal Crown soda, peanuts and moon pies. When I left the west coast, I was based out of Lejeune and would make that jump to Cuba with 8th Marines or swoop up to NYC to visit my gf who lived between my aunts and cousins. Gated community? I do not thinks so although it was neatly kept and no one was running around with live ammo except for MPs or your rifles as they were in the armory. There was a polluted water issue at Lejeune which I found out about after applying for VA benefits for when I am destitute. It seems trichloroethylene got into the water supply. I suffer no ill effects from it. The Commissary I went to was not what he describes.
As far as pay, my $420/month as a sergeant e-5 in 1971 did not go far and it was enough to get me up to NYC once and still have enough to launder clothes for the month. I do not doubt there is waste in the military; but at the enlisted levels and for what we did, it was not enough and you can see the evidence of it on The Wall. There is no amount of retirement or money that can pay for that.
Wow, lots of stuff here.
I too carry two cell phones when I travel, mostly because of my mistrust of technology, and the assumption no one will steal my $7 flip phone.
I don;t look like a drug dealer or a Marine, mostly like a boring accountant. There is a funny story about getting stopped by an Ohio State Highway Patrol drug interdiction unit. Wow, were they disappointed.
(And Run thank you for your service.)
Scout leader, now that I can relate to. June 3rd makes 50 years for me.
On another note I have a professional acquaintance with Ziva Branstetter of the Tulsa World, she is a very fine health care reporter and a very fine reporter in general.
And finally to agree with Bruce, this is a lot of stuff for one post.
STR:
It always bothers me when people thank me for my service. Former State Senator Garcia also thanked me for it. As a result, I do not say much about it. My one cousins was a Master Gunnery Sergeant an another cousin flew F4s (I always chide him as fighting the war from 5,000 feet while we slugged it out much closer). If you really want to thank someone, thank the people like Timothy Gilson who did not come back and are on the Wall. They are the reasons for my being here today. They gave far more than I did.
You must be up for the Silver Beaver award in Scouting? Unless, you have it already. I used to teach survival and Pioneering as my dad used to rig rope scaffolds. He taught me all the knots in the world and how to splice rope besides tuckpointing and bricklaying. My old scoutmaster taught me how to shoot which became valuable to me when I enlisted in 68. I almost broke the range record at Ebsen range. Scouts brought a lot of fun and I taught my sons what I know as well as my daughter.
I get a little nervous when cops take an aggressive approach. There is no need for it and neither do I look like a drug dealer or even a Marine now. I do my wing chun do to keep momentum and maintain; but, I am a far cry from when I was throwing a couple of hundred lbs into the air or running 10k. My heart kind of slowed me down a bit. There is a lot of abuse going on except with their own and the courts will not believe you if you bring it forward. There is more to this.
Like I explained to Bruce, this is just a collection of new and old posts with still relevant facts suitable for a Saturday morning.
well, the part i picked up on was the “looks like a duck…” standard for “probable cause.” kind of like “driving while black.”
fact is, sadly, that humans as just about capable of stimulus-response reasoning. only the courts are supposed to be better than that… and to require the police to be better than that.
unless, of course, they have an agenda.
coberly:
Like JackD (attorney) said, SCOTUS lives a privileged life and are far removed from us.
Run:
I don’t have a Silver Beaver, I have tried to avoid it, just a conscience thing about other people doing more than I do. We all have some hangup or another. I do have some other awards but the only one I really acknowledge is my Eagle Scout knot.
Speaking of, one of the young men who mentored me toward my Eagle award is somewhere in the Central Highlands, and of course on the wall in DC. Damn shame.
(My own enlistment in the Army was delayed due to a recruiter transfer, and then a knee mashed in a construction accident while I waited. I would have been Radar O’Reilly in the flesh. Probably saved the country by keeping me out!)
I have lots of problems with overly aggressive police, the war on drugs and the prison system in general. Don;t have the time or the knowledge to do much about it though.
STR:
I never made it past Star although my sons did Eagle and Life. Yea you are right, there are some more devoted to it than I was ever. I just filled a gap from time to time and did the surrogate dad thing once and a while.
Run,
I will stop at the Wall very soon.
Always remember!
ilsm:
Never been and never will go. Too painful. My kids would bring home tracings of the names from The Wall of young men I served with then. Look up Lance Corporal Timothy Gilson for me.
Bruce, for heaven’s sake! You’d better have bail money handy!
Gotta run now. My neighbor–a warehouse systems something-or-other manager, who’s constantly complaining about having to carry TWO FRIGGIN’ PHONES in his pocket because his company insists that everyone use the company-issued one with all the important phone numbers on it–is being frisked this very minute on his front lawn. He was using one of his phones when the other one fell out of his pocket as he was mowing the lawn, just as–wouldn’t you know it?–a squad car was driving by. I better make sure he’s been read his full Miranda rights.
JackD, “As to cell phones, etc., the SCt justices in question are obviously out to lunch and have been confined to their ivory towers too long.”
I think you give them too much credit. Being out to lunch on some aspect of the subject implies that it is ignorance that leads to the final decision, a decision that is likely to be flawed. These people, and Roberts is only one of a group, are not ignorant fools. Not for the most part at least. I think it far more likely that the decision of the case has already been formed in mind and now those minds are building the basis upon which their flawed ideas are supported. The reactionary findings of this activist court are too consistent to be the result of being out to lunch.
Run,
Count me in the group that’s not a big fan of “thank you for your service.” This past Veteran’s Day, I posted the following on my FB page. Hope you don’t mind my putting it up here. It seems late enough in the conversation, and I don’t mean to hijack your thread:
So Today Is Veteran’s Day
I’m a vet, but don’t thank me. What? No really don’t thank me. I’m still here, mostly intact and still breathing. I remember the first time that I saw a dead veteran. Local boy named Mick Wick. Couldn’t have been more than 19 maybe 20. He was laid out at the local funeral home. You could only see the innocent face and his torso in the casket. The rest of him was somewhere in a field or rice paddy in Viet Nam. My memory isn’t what it once was. I think I was about 16 at the time. And what did I do when I turned 18? I joined the Air Force. Perhaps somewhat for selfish reasons, maybe as a sense of giving something back to my country. My dad, a Marine, was not happy with my choice. He’d seen it all before, and though he was as patriotic a vet as I ever knew, he also knew that what was going on at the time in Viet Nam, was not a good idea. He marched in all the Memorial Day Parades, was a member of the Marine Corp. League and buried in his Dress Blues. (Semper Fi, old man.)
Me, I was fortunate not to have had to experience the carnage and destruction first hand. I went in in ’71, and the “war”, was winding down. But, I did get to see the empty souls of vets that came back, and were just biding their time till discharge. Innocence and futures lost in a place where we couldn’t even tell who the hell the “enemy” was. I think abut my boyhood friend, Bobby, Hatcher Rothe, still to this day struggling with the psychological scars of having seen it first hand. Gone is the memories of childhood and the days when we’d take his little red row boat, wheel it down to the East River, and motor across to the Bronx and up the channel. (Bailing water out of that boat we had no business being in.) We were young and naive, and so we thought, youthfully invincible. Bobby was a kid that made me a bike that when you sat on it, you were about six feet off the ground. Turned the frame upside down, put to long pieces of pipe in the neck and the seat and a steering wheel on the front for steerage. (He says he has a picture of it somewhere in a long forgotten box of something somewhere. Go find it Bob, and think of when life was less complicated.) He got me a job at a print shop in Williamsburgh where he set Linotype and I spent a lot of time in the bathroom with porno magazines that the old timers let us “look” at. Innocence of youth….. Thanks Bobby.
I’m not one for flag waving, singing of patriotic songs or mindlessly pledging allegiance to the Flag. That’s not to say that I don’t think we should be respectful and honor our veterans. I do think it’s important and meaningful to remember the fallen, the shatter lives and memories of those that served. I think that quiet reflection and observance works better for me. And I respect those that show their gratitude in ways that I don’t.
So, if you happen upon a stranger standing on the road asking to help a homeless vet, give him a hand up, not a hand out. Maybe he’s not a homeless vet, so what? He’s a fellow human being, down on his luck, maybe of his own making, but still one of us.
Happy Veterans Day? I never understood what’s “happy” about it. That’s all I’ve got.
I am a peacetime Vet, post-Vietnam 1977-1981. Never expected to get much out of it, I was grateful enough to have a job with Uncle Sam, and like most first-termers left the Service without a tear. But also with an Honorable Discharge and no ‘Dead Time’
Flash forward to 2011. Things went bad for me and it turned out that under fairly new legislation I was newly eligible for VA Medical, and then VA Homeless Assistance, and then something called VRAP that has me back in college and living in a Student Co-op in a pretty sweet situation. All due to the fact that I couldn’t get hired anywhere in Seattle back in 1977.
So I kind of owe the VA everything. And get profoundly embarrassed at “Thank you for your Service”. Hmm, I go sent to Electronics School and then spent three years in mostly air-conditioned spaces on ships barely sustained by the four hot meals a day the Navy serves. Let’s just say that when I go the the VA clinic and see those last WWII Guys still showing the effects of that bad afternoon at Guadalcanal or that kid who spent a tour in Kandahar and came back missing a limb or eye I don’t feel too deserving of that “Thank You”.
Now I was in a Navy Combat rate a time when the Cold War wasn’t all that damn cold and was prepared to defend my ship and country. But still just having been a ‘Veteran’ doesn’t entitle me to some special respect. It was just something that you did. A good thing to do well, but not a automatic entitlement to a Hero Badge. In my view every American should have access to the same health care I have. Whether or not they spent a few years in the late 70s riding a ship around the Pacific.
Bruce
setting aside the hero medal, I think anyone who was willing to sign up knowing the risks, or who got drafted, willing or not, deserves the “benefits.”
those who actually saw combat deserve something more… consideration for what they went through if nothing else.
and they… we… deserve a government where “for your country” means something better than “for Haliburton”, and “service” does not include systematic abuse of the people we are “saving.”
Dale thanks. But of the first five iconic job opportunities in the NW in 1977 which one was more dangerous:
Crab fishing
Logging
Building airplanes
Tug boating
Joining the Navy to to an Electronics Tech
Risks?
At my suggestion, SCOTUSblog links in its Roundup this morning to Crooks and Liars’ cross-post of Parker Higgins’ terrific post, and quotes a key line from that post. So, thanks, Bill! Today’s Roundup is at http://www.scotusblog.com/2014/05/monday-round-up-215/#more-209545.
SCOTUSblog’s Roundup is terrific, because unlike How Appealing and every other law blog, it doesn’t limit its links to commentary and analysis to law profs, big-name attorneys, and legal-issues journalists. Last month I posted a post here that discusses the refusal of the Supreme Court to provide a press credential SCOTUSblog or Amy Howe, and the weird decision by the Senate Press Gallery to deny a press credential to them after having earlier issued a one-year temporary one. In that post, I joked that I thought the problem was that SCOTUSblog links not only to the the big-name folks’ articles and blog posts but also to blog posts of the likes of me.
But, really, I’m not so sure it’s a joke. Now that they linked today to Crooks and Liars (and also today to my post from Friday about Scalia’s already-infamous dissent in EPA v. EMA Homer City Generation, which I updated on Saturday to include a terrific, detailed explanation of the cse and the statutory subsection at issue), I’ll be especially interested to see the result of their appeal, which I believe will be considered sometime this month.