Category Archives: Justice System

A Skeptical Look at Kneeling During the National Anthem

By now, unless you live under a rock, you’ve no doubt seen the backlash of these tweets from Donald Trump.

But how did we get here?

Most know it started with former San Francisco quarterback Colin Kaepernick, who decided during the 2016 NFL preseason to kneel for the following reasons, as cited here on the NFL website.

I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color. To me, this is bigger than football and it would be selfish on my part to look the other way. There are bodies in the street and people getting paid leave and getting away with murder.

Colin Kaepernick

If you are reasonably familiar with the situation, and on social media, you’ve no doubt noticed most people have an opinion on one side or the other, and it’s nearly as heated and divided as religion and politics infamously are.

Since most opinions I’ve read are pretty passionate instead of objective, I felt it was worth exploring the subject from a skeptic’s point of view. As an issue, between Trump’s position and Kaepernick’s, it’s pretty complicated with a lot of facets worth considering individually.

If we start from the beginning, Kaepernick opted to do this in the wake of a number of police involved shootings of young “black” men, some of which, were unarmed. It appeared to be excessive force by many, and potentially even manslaughter or murder. Yet no charges against said officers were filed in the immediate aftermath. (I’m not aware of whether charges were filed later.)

I’ve written several times about police behaving poorly, and that this issue needs to be addressed far better than it is currently. I’ve also stated in my post “Analysis of Race and Perspectives of the #BlackLivesMatter Movement” (post also explains why I use white and black with quotations), that we as a nation have a lot of room to educate ourselves, and revise our long-held beliefs on racism.

While I believe the deliberately hateful racists, whether they be white-on-black or vice versa, are an incredibly small minority; many more biases are simply ingrained, and a product of conditioning versus a deliberate intention to demean someone.

Respectful discussions between the two sides can help overcome both, if we’re willing to have them. So I encourage all people, no matter what their skin tone may be, to be open to such discussions. It’s surely the only way tensions will improve.

But moving on from whether Colin has a point or not, let’s discuss his tactics, since they’ve now overshadowed his initial concern he was trying to bring awareness to, which for him, is almost assuredly a tragedy.

Is Kneeling Effective Towards His Goal?
SANTA CLARA, CA – OCTOBER 02: Colin Kaepernick #7 of the San Francisco 49ers kneels on the sideline during the anthem prior to the game against the Dallas Cowboys at Levi’s Stadium on October 2, 2016 in Santa Clara, California. (Photo by Thearon W. Henderson/Getty Images)

Since this started over a year ago, can we honestly say that racism has gotten any better?

It should be noted that it’s virtually impossible to quantify racism, but it is possible to quantify how many police shootings of unarmed black men who weren’t directly witnessed to have committed a crime.

Nonetheless, those parameters aren’t part of any FBI data I’ve seen. So there’s little way to determine if he’s been effective in reducing them.

As such, no claims one way or the other, can be considered anything other than speculation until that data is available. But I will say that it does seem like there have been fewer of these in the news since these protests began.

I think it’s also safe to say that racism is part of many discussions in a meaningful way at a number that’s probably as high as it has been since the civil rights movement.

The media’s coverage of Colin’s actions and their coverage of the police shootings which instigated his actions are largely to blame for this. So it is fair to say that he’s at least helped start the discussions that needed to happen, and are hopefully helping to achieve his end goal.

Are His Actions Congruent With His Goal

On this issue, I have to say I feel Colin missed his mark.

The U.S. flag is generally something that’s attributed to represent our nation, and also the men and women who served our military to defend it. But Colin never insinuated he was mad at those people.

He directed his anger at what he felt were several corrupt law enforcement officers, and the system that seemed to defend that.

So yes, he created awareness, but the people he offended doing it, were largely not the people he was mad at in the first place.

Is Colin Kaepernick a Racist

I cringe when anyone tries to make claims about what’s in someone’s heart. You just can’t know that. So you often have to take people at their word or their actions.

Colin Kaepernick with adoptive parents Rick and Teresa Kaepernick

I don’t recall seeing one instance where Colin said anything negative about Caucasians. It’s also important to note that Colin has a biological mother who is “white,” presumably a “black” father, and adoptive “white” parents who took him in and raised him.

The idea that he’s racist, seems pretty far-fetched, and not supported by any evidence I saw. But feel free to comment below, citing sources, if you’ve seen any statements he uttered against Caucasians in general.

Could He Have Chosen a Better Tactic?

Because Colin is famous, I believe he’d have done far more to improve these relations between the police and young urban minorities by doing community outreach with police. Maybe trying to start  a ride-along program with NFL stars, for instance.

Urging NFL players, especially those who were once urban minorities themselves, to go out with officers and start dialogues with them based on mutual respect between the police and many of the NFL players who were former at-risk kids themselves, would certainly help achieve his goal.

If police hear these stories from some of the NFL’s best, maybe it would make the officers see the young men in their community as potential greatness instead of potential criminal young men.

Community Outreach: Dajuan Howze, 13, battles for the ball against Pittsburgh Police officer Gino Perry while Zone 5 police commander Jason Lando waches. The officers played a pick up basketball game with local youth during the Homewood Community Day celebration.

I also believe that if a cop car rolls up in a bad neighborhood with a superstar like Colin riding along with them, it might incite those kids to get to know their local police; building better relationships in the process.

If you’re one of those kids, you’d love to meet an NFL star. And if you meet one thanks to a police officer who brought him to you, all of a sudden that police officer is more likely to be seen as a friend instead of a foe.

Is Colin Trying To Create Unity

On the face of it, a peaceful protest is certainly what Martin Luther King is famous for. And his kneeling is not that different from Rosa Parks sitting on a front bus seat.

Yet once Colin knelt, many took offense, and sadly didn’t see it that way, if that’s how he meant it.

Colin KaepernickIf he intended to be unifying however, wearing socks depicting police as pigs, all but ruined his message.

Even if he justifies it by saying that it was only directed at bad cops, I’ve heard multiple racist “white” people justify hateful speech by saying, “There’s black people, and then there’s n*****s”?

They assume because I’m white, I want to hear that nonsense. I assure you, I really REALLY don’t appreciate it. And I usually tell them so if I’m not in a position where I think I’ll be physically attacked for doing it. And Colin’s excuse for wearing those socks is pretty similar, in my opinion.

If rational people like me were apt to side with his peaceful protests, assuming he had nothing but the best intentions in his heart for all parties involved, this went a long way to burn that.

But nonetheless, I try to give him the benefit of the doubt that he was just angry, and did something ill-advised in his enraged state. Haven’t we all, in a moment of anger, said or done things we regret later?


Now let’s discuss Donald Trump’s actions.

Donald Trump Official Portrait

Love him or hate him, I think it’s fair to admit that Trump is open and honest about his opinions. His Twitter feed is laden with unrehearsed, unpolished, and uncensored opinions that clearly seem to be what he actually feels.

So let’s take a skeptical look at those.

Were Trump’s Tweets Divisive When We All Tend To Agree Unity is Needed?

Yes Trump’s comments were divisive. I frankly wish he’d just stop. But so were the people opting to kneel.

You cannot fairly condemn Trump for being divisive, if you won’t equally condemn the players who know it’s upsetting a very large portion of the country, without being hypocritical.

Should Trump Have Said What He Said and Tweeted What He Tweeted?

Trump is effectively two people. He’s a president, and an American citizen.

As president, I want him to be involved in Colin’s (and the NFL’s) actions absolutely zero.

Instead, I’d want to see him order the FBI to investigate police shootings to make sure local police aren’t effectively protecting their own during the investigations of officer shootings. Clearly, letting the San Francisco PD investigate one of their own is as big of a conflict of interest as one could imagine.

I’d also want federal prosecutors to handle any disciplinary actions, up to and including criminal trials.

As for Trump tweeting an official position on the kneeling, he should simply say it’s a private matter for the free market to sort out.

If it kills NFL ratings, then they’ll react accordingly. This is not the business of a government who’s first amendment guarantees free speech.

As an American citizen, he has a right to an opinion on anything, including this. In my opinion, he should have two different Twitter accounts: one for “the president” and one for “the citizen,” which he does (@POTUS and @realDonaldTrump). Then, keep his official positions on one, and his personal opinions on the other.

On this issue, he largely did exactly that. His @POTUS account retweeted the personal account’s tweet below, and that’s all I’ve found. The rest were on his personal account.

In general, I don’t feel Donald Trump has done a remotely admiral job at unifying a divided nation—quite the contrary. His business acumen is about winning, which means he’s often competitive by nature. That aggressiveness comes out in his behavior often, and I suspect it’s not likely to change.

He’s arguably the most divisive president in history, but it’s not like we didn’t know this prior to the election, and yet he still won. So this isn’t exactly an overpromise/underdeliver situation; no bait-and-switch transpired here.

But as much as I disagree with him on significant policy issues, I at least prefer his unfiltered nature. I find it far better than people who are polished and rehearsed yet come off as obviously fake. I’d just prefer to know instead of wonder where you stand, and whether you’re a person I wouldn’t like in real life or not.

Should The NFL/Team Owners Fire Players?


Well, the players work for the teams (franchises), not the NFL. The only people firing them will be the team owners.

The NFL has code-of-conduct policies, which they seem to strictly enforce. For instance, the Cowboys wanted to have a simple sticker in support of a slain officer, and the NFL specifically forbade it.

One can certainly argue that this is somewhat hypocritical to forbid a helmet like this, while allowing some other form of protest on the field, like kneeling for the national anthem.

But nonetheless, the NFL is a private company, and they have every right to be hypocrites if they so desire, and the free market will sort it out accordingly.

As for the teams, if they want to fire the players for representing their brand in a way that’s inconsistent with their team owner’s values, then they have a right to do so. One caveat though: only if they drafted a code-of-conduct clause is in the contract they have with that player, which specifically forbids such actions.

 


Now that we’ve covered the two actors in this play, let’s discuss the issue in general. Because there’s a lot of hypocritical and/or illogical behavior from the professional media and the John Q Pissed-Offs on social media.

Is This a Free Speech Issue?

This one’s pretty easy:

  • Is government stifling the action? – Free Speech Issue
  • Is private enterprise (NFL or team owners) stifling the action? – Not a Free Speech Issue

Since no one is proposing a law to prevent this, or that government intervene to stifle free speech, it’s not a free speech issue. It’s that simple. When such a law or government action is proposed, only then will it become a free speech issue.

Is It About Disrespecting The Flag

Many argue that it’s just a flag, and we shouldn’t get so worked up about it. But here’s the rub with that argument. 

Colin and his fellow kneelers aren’t attacking the idea that there’s too many stars and stripes on it, nor are they complaining the colors clash. They’re mad at a country that seems to allow racism and permit cops to kill “black” kids without recourse. The flag is just a representative icon of the country this occurs in, from their perspective.

Coincidentally, the people who are mad at disrespecting the flag aren’t really passionate about “the flag” either.

They’re passionate about all that the flag represents to them.

  • A country founded on liberty
  • A soldier who fought and died to protect them
  • A country they fought for if they are a soldier
  • The freedom it represents that they don’t have in other countries

That list goes on and on.

No different from you not caring about a piece of celluloid until there’s a picture of someone you love on it, the flag, as a piece of fabric, was never what anyone really cared about.

So when you make an argument that it’s “just a flag” to defend such actions, know that this argument isn’t relevant to this issue, since it wasn’t “just a flag” to either party. All sides would do well to understand that.

As a libertarian, I’m also fervent on the idea that thought-policing has absolutely no place in a free country. If it did, let’s be honest, Colin would be in jail, or worse, murdered by the state. Just ask many Iraqis who lived under the Hussein regime, North Koreans under the Kim Jong regime, or other dictator-run nations, who lost loved ones due to a government that didn’t take kindly to a lack of respect from its citizenry.

So to me, Colin should love America for the freedom it gives him to do these protests, and instead, direct his ire at the individual officers that commit heinous acts, a legal system that doesn’t seem to effectively prosecute them, and the racists who think it’s OK for officers to avoid prosecution for manslaughter of an innocent young man. Not the flag, and all the things that the flag represents to most Americans.

The Peaceful Protest

One of the most shining examples of hypocrisy in this is the people who lashed out at all the rioters after some of these controversial shooting (rightly so), and call for people to peacefully protest, then get mad at Colin and his peers for peacefully protesting.

They did what you asked, and they did it in a forum where they’d get the most attention for doing it. If the NFL allows it, you don’t have to agree with it, but you at least should give them credit for being peaceful, even if you agree with me that it’s misguided and ill-advised.

Again, we have to stop with all the hypocrisy.

Summary

All parties in this have good intentions, even if their tactics are heinous. Throughout all of it, most people are calling for unity and peace. So let’s do the things that have a proven record of achieving those goals.

I’m willing to have a respectful discussion, give benefit of the doubt to those with good intentions, even if they aren’t acting like it, and show respect to those I disagree with.

I’d also suggest instead of standing with Trump or Kaepernick, you form your own opinions, while being your own worst critic. Come to a conclusion that you think is fair to both sides, and be honest when it’s obvious you’re being hypocritical. You have no right to demand others be better if you refuse to be better yourself.

 

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Exploring the Hyperbole, Myths, and Inaccuracies of Gun Legislation Politics and Discourse

Gun laws are a pretty sensitive subject in America, regardless of which side of the issue you’re on. But it shouldn’t be.

Indeed they are our constitutional right, and I support that right whole-heartedly. But that doesn’t mean we can’t be fair, and debate respectfully on the subject with those who may hold a different view. After this last election, I hope we can all agree civility in political discourse has a lot of room for improvement.

People who argue with logic and reason, are far more likely to encourage more to side with them than people who insult, lie, yell, and behave anything but adult-like.

So with that being said, let’s break down a few of the common myths often bandied about regarding guns.

MYTH #1: They’re trying to take our guns

Any time Democrats propose new gun legislation, Republicans immediately go on the defensive and rile up the base by insinuating their opponents are trying to entirely disarm the populace.

Armalite AR-15
Armalite AR-15 Semi-Automatic Rifle

But the base is already on their side, there’s no need to get them riled up. Not to mention, it’s entirely dishonest, and most who do it already know that.

Not a single law was proposed in recent history to remove all guns from private citizens, nor did anyone propose repealing the second amendment. If you feel the need to lie about your opponent’s argument to defeat them, think about what that says about you. It says you’re incapable of winning your argument on its merits. When you do this, you’ve already lost the moral and logical high-ground.

The effort should be focused not on the straw man argument that “they’re trying to take our guns,” but instead on the specific regulation being proposed.

A large majority of Americans have a pretty shallow opinion of Congress. In April 2016, this Gallup poll shows that only 17% thought they were doing a good job, 79% however thought they were doing anything but.

President Barack Obama delivers a health care address to a joint session of Congress at the United States Capitol in Washington, D.C., Sept. 9, 2009. (Official White House Photo by Lawrence Jackson)
President Barack Obama delivers a health care address to a joint session of Congress at the United States Capitol in Washington, D.C., Sept. 9, 2009. (Official White House Photo by Lawrence Jackson)

This less than favorable opinion is often due to the constant infighting between the two parties, that is largely full of myths, hyperbole, misdirection, and occasionally bold-faced lies. Neither come off looking like professionals, or even reasonable people.

So the party that strives to be amenable to finding common ground, and deemed as the most civil and honest will win this fight.

The Republicans owned Congress at the time, so a 17% approval rating should be a clear message they’re missing their mark.

Most Democrat-proposed ideas are around more stringent background checks, or limiting certain types of weapons, the latter of which, I think is misguided, but I’ll save that for another time.

Both parties agree that guns shouldn’t be in the hands of violent felons, or those with a diagnosed mental disorder.Firearm sale

But the problem for Republicans often arrives when Democrats propose what might be reasonable background checks, the bill is only one page of such reasonable checks Republicans might be open to agreeing to, but then a myriad of other pages of pork-like special favors for their district or other provisions that have nothing to do with the issue at hand.

Republicans are just as guilty of doing the same on other issues, so no one party is innocent of this. But if both just stuck to passing simple single-item bills on the issues where they agree, they’d be far more effective and win over the American people.

The best tactic for Republicans would be to first loudly proclaim that they’re willing to look at effective background check legislation and pass the background check attributes both agree on. Propose counter legislation that includes those, and only those, and let the Democrats justify why they won’t vote for it.

Show that you’re willing to find common ground publicly, and emphatically, leaving the Democrats looking like the only ones not willing to work towards progress. If Democrats argue, “these provisions don’t go far enough,” Republicans can simply put it back on them by saying, “This is what we already agree on. So let’s pass this first, and if it doesn’t help, we can discuss further measures later.”

Myth #2: The Gun Show Exemption for Background Checks

Democrats often cite the gun show exemption to background checks as a big problem, and frankly, they’re partly right, even if they’re disingenuous in their presentation of the issue.

The fact is that gun dealers at gun shows do in-fact do background checks. However, if you’re a private person who has a .22 caliber pistol for instance, and you’d like to upgrade to a 9mm pistol, you can take it to the show with you, and if some other private person like you who’s there (not a dealer or vendor) has a 9mm but wants a .22, then you can legally make a private citizen trade. This is just like you would do if your neighbor decided they wanted to sell or trade with you, it just happens on the premises of a gun show.Gun Show

Instead of just shooting down every idea Democrats have, Republicans could admit that maybe there are things that could be done, that aren’t an undue burden on law abiding citizens, to help clean up this “loophole.”

It could be something as simple as having people fill out a background check upon entering the show, if they’re considering buying or trading, and let them shop to their heart’s content from there. If they don’t pass the test, there’s really no reason for them to enter the premises of a gun show in the first place.

While I’m not saying that’s the answer, things like that can certainly be deemed a reasonable measure to prevent guns getting into the wrong hands, and are at least worth discussing in earnest.

Myth #3: Guns are the biggest problem

This well put together bit of data, and rather insightful graphic from the math geniuses at 538 points out that there are approximately 33,000 gun deaths in America each year, and this number is often used to denounce guns in general. But let’s put that in perspective as well as break those numbers down.

As this image from the CDC document found here shows, in 2014, there were 2,626,418 deaths in the United States that year, making 33,000 just above 1.2% of the reasons for death attributable to guns.CDC Cause of Death info from 2014

By comparison, more than double died from diabetes, nearly three times as many from Alzheimer’s (which took my father last month), and nearly twenty times more died from heart disease.

As the 538 article also shows, nearly two-thirds of those gun deaths were suicides, and a small percentage were self defense, or police shootings of criminal suspects.

While I think we all agree suicides are tragic, as a libertarian, I believe that you own your own body, and have the right to end it whenever you like.

My own grandfather was quite ill when he shot himself, and having already lost my grandmother years earlier, he didn’t want to burn through what little he had saved for his kids by chasing a terminal disease. While you may not agree with it, that was his choice and you should respect it.

But no matter what side of suicide you are on, it cannot be fairly called an act of violence, nor the fault of a gun. So those acts should not be considered when discussing gun violence, and I think those with an anti-gun position should be fair when presenting such arguments, no not cite 33,000 number, but instead, the 10,000 or so that were potential murders or manslaughter, versus suicides and justifiable homicides.

All that being said, 10,000 wrongful deaths is still a large number of people, and is incredibly tragic. It is a small percentage, but certainly statistically significant, and Democrats have fair cause to want to do something to lessen that number. Even if we disagree on their proposed methodology, their altruistic intentions should be evident and respected.

Conclusion

These are three of many arguments from both sides that are the first that came to mind to me. But I’m sure you can think of many more.

The bottom line is that Democrats should know most Republicans don’t want to put guns in the hands of bad people. They just don’t want law-abiding citizens to have their rights violated and disagree on how to go about preventing it.

Republicans should know that most Democrats don’t want to disarm America, they want to prevent wrongful deaths, and they think less guns will achieve said goal.

Until both parties in congress, and the party-faithful voters who make their voices heard on social media learn to understand, then be understood, these immature and dishonest tactics will continue to ensure that America doesn’t advance in any meaningful and constructive way.

We’re all smart enough to know better, it’s time we acted like it.

Analysis of Race and Perspectives of the #BlackLivesMatter Movement

As police shootings of black men under dubious circumstances continue to make headlines, along with peaceful protests among several professional athletes, opinions on racism and the  #BlackLivesMatter movement abound.

Colin Kaepernick and Eric Reid kneel during the national anthem prior to the 49ers' season opener.(Photo: Thearon W. Henderson, Getty Images)
Colin Kaepernick and Eric Reid kneel during the national anthem prior to the 49ers’ season opener.(Photo: Thearon W. Henderson, Getty Images)

I do not have any affiliation with the group, and being Caucasian, cannot genuinely identify with their specific plight.

But I can apply some pretty basic critical thinking to understand their message, instead of dismissing it outright as divisive.

But before we get into the opinion portion, let’s take a look at the science and psychology of race and racism in general.

Genetics

First we must understand that there is no black or white gene. I think we all understand we’re not literally black and white. But moving past that, the term “black and white” supposes there is a binary system with only two options. But with the multitude of skin colors around the globe, this clearly isn’t the case.

As the Anthropology Department from the University of Alabama explains here, skin gets its color from three different molecules referred to as pigments.

  • Carotene: which is rather uncommon, and is typically only a factor if people overeat things with carotene in it—like carrots. It causes the skin to take on a yellowish shade.

    Carotene
    Carotene
  • Hemoglobin: This molecule is contained in our blood for facilitation of oxygenation of the blood. It takes on a reddish hue, unless you’re oxygen-deficient, in which case it will be purplish.

    hemoglobin
    Hemoglobin
  • Melanin: The component responsible for the “black” and “white” we refer to, is a severely dark brown color typically. The higher the concentration of this molecule in your skin, the darker your skin tone will be.

    Melanin
    Melanin

These three variables to one’s skin color have a default value they would inherit from their parents. But as you might expect, there are environmental factors that can change them such as the aforementioned carrot eating or tanning which increases melanin production. Since we’re talking about genetics, we’ll ignore the environmental factors for this post.

How the differences came about

As with most genetic traits, nature has selected for different skin tones too. This natural selection is almost entirely based on geographical location of our recent ancestors. And I say recent, because we’re all African in decent if we go back far enough.

Because of the tilt of the Earth’s axis, seasons are reversed depending on which side of the equator you’re on. For instance, winter in the northern hemisphere coincides with summer in the southern.motionsofsunandmoon2-axistilt1

But also, Earth’s path around the sun is elliptical—not a perfect circle. Therefore, those of us in the northern hemisphere are actually closest to the sun (perihelion) in January, and furthest from the sun (aphelion) in July—the difference being about 3%.

As a result, the Southern hemisphere being tilted towards the sun when they’re closer to it means the southern hemisphere’s summers will receive slightly more solar radiation than their northern counterparts.

In theory, this would mean the climate variation in the northern hemisphere would be less severe than in the southern hemisphere, but the increased water-surface to land-surface ratio of the southern hemisphere mitigates the variance for them, as explained in the video below.

These variances in solar radiation are the reason that skin tones lighten “about 8% per 10° of latitude in the Northern Hemisphere, and about 4% per 10° of latitude in the Southern Hemisphere” as you move further from the equator, because until quite recently in the history of mankind, thanks to the invention of boats, cars, and airplanes, traveling from one climate to another was quite the monumental task, and therefore rarely occurred.

Why nature selected for different skin tones

The excess melanin in one’s skin helps absorb ultraviolet (UV) radiation, protecting the skin from potential harm such as skin cancer. So people living closer to the equator, being exposed to more solar radiation, have better survived due to the protection melanin provides their skin.

However, solar radiation is the only natural way your body gets the vitamin D it needs, and that UV blocking melanin inhibits vitamin D’s production in the process. So those further from the equator would naturally select for lighter skin to maximize the vitamin D production from the lesser amount of solar radiation they receive.

This is why darker skinned people who live further from the equator can have an increased risk of vitamin D deficiency, and lighter skinned people located closer to the equator may suffer increased risk of skin cancer.

The reason this is important when discussing race, is to make the simple point that variances in our skin color, through natural selection from our ancestor’s environments, have dictated how dark our skin tone is based on how far our recent ancestors were from the equator. And any other reasoning one might attribute to our different skin tones is largely ignorant and false.

Mislabeling

While race is identified by skin color, it’s typically understood to be more about someone’s ancestry, than the actual color of their skin. But our desire to stick to a binary system of black and white, is entirely unfair to a large group of people who have mixed ancestry.

For instance, someone with a medium skin tone of mixed heritage is often just as closely related to someone referred to as black as they are to someone who is thought of as white, or any other different race. Therefore, referring to them as a light-skinned black person, wrongly puts them in one racial bucket when they really belong to both; or more correctly, a third bucket in between.

ANAHEIM, CA - JANUARY 21: Kultida Woods and Tiger Woods at the dedication of the statue honoring his father Earl Woods at the Tiger Woods Learning Center on January 21, 2008 in Anaheim, California. (Photo by Lester Cohen/WireImage)
ANAHEIM, CA – JANUARY 21: Kultida Woods and Tiger Woods at the dedication of the statue honoring his father Earl Woods at the Tiger Woods Learning Center on January 21, 2008 in Anaheim, California. (Photo by Lester Cohen/WireImage)

Tiger Woods for instance, is often referred to as being black, when his mother Kutilda Woods is actually Asian.

President Obama, also often referred to as black, has a Caucasian mother, Ann Dunham.

Ann Dunham - Barack Obama's mother
Ann Dunham – Barack Obama’s mother

The whole concept of race in general is simply a man-made construct held over from our ignorant past. We used it to differentiate ourselves from one another, long before we understood genetics or biological species.

As this Nature.com report shows, “approximately 85−90% of genetic variation is found within these continental groups,” referring to Africa, Asia, and Europe, “and only an additional 10−15% of variation is found between them.” This illustrates that our fundamental differences lie in things other than our skin color.

The Psychology

As you hopefully already know, humans are typically social in nature, sociopaths, also known as people with Antisocial Personality Disorder, make up a mere 4% of the population. This means the desire to bond with other people is ingrained in about 96% of us as a result.

One way people bond is by finding commonalities with each other.

Imagine the person next to you, talking to a friend, says they just “pahked the kah.” If you’re a Bostonian in Boston, this won’t even get your attention. But if you were a Bostonian in the UK for instance, you’ll almost assuredly at least say, “Hey, I’m from Boston too.”

This is because the two of you have something unique for the location you’re in, that you share, and therefore can bond over.

In that example, you had to overhear the person say it though. With race, you can plainly see that you share that trait with another from across the room, and therefore immediately make an instinctive connection with that person. This is fairly natural, and not an inherently hateful form of racism.

The Good, the Bad, and the UglyNAACP-Logo[1]

Racism can be good if it’s simply a way to bond with others as illustrated above. But also with cases like the NAACP, where segregating by race is simply a way to focus your efforts on helping those who are discriminated against, such as “colored” people (the C in NAACP) certainly were at the time the NAACP was founded.

But while individuals use racism to create strong bonds, it sadly has a more heinous side that’s often rooted in hate. Because just as we bond over our commonalities, an us-against-them mentality can kick in when two or more people are like each other and another party in the area is not.

The heinousness of hateful racism is so well-known and understood, that I really don’t care to go into that any further here. It’s an unpleasant topic, and there’s probably little I can say that would add anything new to the conversation anyway.

But it’s important to understand that some level of racism is instinctual and what an instinct actually is in the first place.ailmentangermanagement1

Instincts are things we do subconsciously and uncontrollably without thinking about them. For instance, imagine someone were yelling hateful and vile insults at you—you will have no control over your instinct to punch them. But because you’re a responsible adult,  and know violence should be avoided if possible, many of you will suppress that instinct.

Racism is not that different, and can only be suppressed through knowledge and understand of why we do it, and then a genuine desire to avoid acting on it maliciously.

Who’s A Racist?

Now moving on to the op-ed portion of this post. While I explained above why we are not in fact black or white, I will use the terms “black” and “white” going forward since the word black is in #BlackLivesMatter, and the terms are for the most part the social norm. It will help make this next part a little easier to read than using “light-skinned” or “dark-skinned.”

Let’s first state unequivocally, that racism isn’t exclusive to any one race. So while the discussion of people being racist is often assumed to be white-on-black, it can just as easily be black-on-white. It can oddly even be white-on-white (when white people attack others like them for their “white privilege” for instance), or black-on-black (when black people assume the worst from other black people but tend to be more trusting of whites).

I should also point out that it’s not just skin tone. I’ve met Japanese people who don’t like the Chinese, Brits who hate the French, Colombians who don’t like Mexicans…the list of racial animosity goes on endlessly.

So this problem isn’t uniquely black and white, and it certainly isn’t even uniquely American. It existed long before America did and will likely endure for as long as vastly different skin tones exist.

So when I talk about racism, I’m referring to all of it, not just white-on-black.

#BlackLivesMatter

Now  let’s get back to the #BlackLivesMatter movement. Once the #BLM movement started, it launched a lot of counter movements like #PoliceLivesMatter or the more generic #AllLivesMatter. At first, you can understand the opposition’s concern that #BlackLivesMatter seems to be segregating in nature, but I believe that entirely overlooks their underlying point.blm

As troubling as it is, when a news story airs about a police shooting of a suspect, there seems to be an improperly common sentiment among the media and the people. That if the victim is a black man, it is more likely to be justifiable homicide by the police than if the person who was shot were white. They are assuming the black man must have been engaged in criminal activity, where a white shooting victim more often gets the benefit of doubt.

While all people officially have equal rights under the law; these days, this perceptive double-standard on the presumed innocent of two people, solely based on the color of their skin, is the darker side of racism that still remains in the hearts and minds of far too many, despite many of them feeling they’re not racist in any way.

(Credit - Blavity.com)
(Credit – Blavity.com)

While I don’t believe most people, black or white, make a conscious effort to be racist, almost everyone will have some instinctual racial bias based on the psychology aspect mentioned above, and their own life experiences with people of a different race. The better those experience were, the less likely they are to be hatefully racist.

Honest Assessment

The next few times you see a police shooting of black and white civilians, see if your initial reactions to those shootings are the same; regardless of skin color.

Also, do the media portray both incidents equally? Do the public seem to have the same concerns or outrage on social media or around the office? Sadly, if I’m truly being honest with myself, I have to say they’re often not.

Where the #BLM Opposition Goes Wrong

So why do I think people are misguided when they think the #BLM movement are arguing other lives don’t matter? Because they didn’t specifically say that. It’s a straw man argument—one of the most common logical fallacies.

The opposition’s argument is that by saying #BlackLivesMatter, the #BLM people are arguing that white lives, police lives, et al., do not. But the #BLM movement is made up of three simple words and a hashtag. It says nothing about anyone else. So if you assume they’re saying non-black lives don’t matter, that’s a assumption you added yourself.

The predominance of people supporting the #BLM movement acknowledge wholeheartedly that all lives matter. Their argument is that the rest of the public don’t seem to value black lives. If the #BLM movement has any fundamental flaw, it’s poor phrasing. The simple addition of the word “Too” at the end of #BlackLivesMatter could have went a long way.

The Protests

While I don’t like the tactic of lashing out at our country, our flag, or our military as some professional athletes have chosen to do (I think community outreach programs, focusing on positive interaction, would better achieve their goal), we should also recognize that a peaceful and non-violent protest is exactly what most of us encouraged people to do when riots, vandalism, and looting by outraged people have broken out, and this is genuinely what those athlete’s are doing.

It’s easy to be mad at each other, but it’s better to be empathetic, and honest with ourselves that their concerns are often legitimate. Instead of getting angry, and pushing back, it’s not too much to ask to be skeptical of police who shoot someone.

Be A Skeptic, Even Of The Police

While the police by and large do a great job, and should always be given the utmost respect, on some occasions they exercise bad judgement, and in incredibly rare incidents, are would-be-felons willingly committing crimes.

If this weren’t true, there would be no Internal Affairs Bureau. So it is important to remember they’re not perfect, and may actually be the person in the wrong when they use their firearm against a civilian.

Pastor Terence Crutcher
Pastor Terence Crutcher

The shooting of pastor Terence Crutcher is one example of several, where many in the media and on social media initially assumed he had potentially done something to cause the officer to shoot him. That officer has since however been charged with first degree manslaughter, and Pastor Crutcher deserved the respect and outrage he sadly didn’t get from far too many people.

At the same time, it’s also important that the #BLM supporters wait for all the facts to come out when a black person is shot by police, because he may have indeed been engaged in a crime and was endangering others.

We should all let the facts come out, let the court system do it’s job, and if we’re not on the jury ourselves, try to accept the idea that the jury was given more evidence that’s credible and scientific, and therefore made a more educated decision than we could have.

Where the media often purposefully distort the facts for ratings, our legal system has safeguards to prevent such unfair biases in a court of law by excluding prejudicial evidence, and ensuring all witnesses can be cross-examined.

Synopsis

While you may not agree with the tactics of the #BLM movement and the peaceful protests of several black athletes, no fair person can argue there isn’t occasionally a double standard in TV and print media, social media, and public opinion as to how tragic the death of a black person is compared to anyone else.

If we want this racial divide to stop, we have to understand it, make an effort to change it, and more important than anything, exercise a little empathy and understanding for those on the other side of the issue.

Embrace that which makes us different—it makes us interesting to one another, it helps provide alternate perspectives, and most importantly from a science perspective, our diversity actually preserves our species (think of purebred animals which have much higher incidents of disease and genetic defect).

But know that the difference between any two of us, is basically the same, no matter what color we are, and therefore we should all have equal rights under the law, and equal rights to the presumption of innocence.

 

 

 

Justice Sotomayor: The Libertarian?

In December 2014, The Supreme Court heard arguments in the case Heien v. North Carolina. You can click on the link to read the entirety of the case if interested, but I’ll give you fairly brief synopsis here.

In 2010, a man named Maynor Vasquez was pulled over by police for having one of his two brake lights inoperative. Police observed his friend, Nicholas Heien sleeping in the back seat of the car. Thinking this behavior seemed a little odd, police fairly asked if they could search the car, and were given permission to do so.

Official Portrait of United States Supreme Court Justice Sonia Sotomayor Click for Biography
Official Portrait of United States Supreme Court Justice Sonia Sotomayor
Click for Biography

Upon the search, they discovered 54 grams of cocaine in the vehicle, then arrested and convicted Heien of two counts of trafficking, presumably due to the amount larger than one person’s normal usage.

Heien’s lawyer challenged the traffic stop as North Carolina law only requires you have a working brake light, not both of them. As such, council argued the police stopping Vasquez and Heien constituted an illegal stop, and the search was therefore the proverbial “fruit of the poisonous tree,” and should have been thrown out.

Eventually, certiorari was granted, and SCOTUS heard the case in 2014. The court ruled against Heien in an 8:1 decision—Sotomayor being the only dissenter.SCOTUS8-1

During oral arguments, Sotomayor asked the petitioner:

(You can click below for the entire oral arguments transcript)

“So how many citizens have been stopped for one brake light who are asked to have their car searched? And is that something that we as a society should be encouraging?”

It’s fairly common knowledge, that SCOTUS at that time was comprised of what most considered five right-leaning justices, and four left-leaning. Sotomayor being one of the left—as she was appointed by Obama.

The issue at hand was whether Heien’s Constitutional rights were violated by a search under the Fourth Amendment which reads:

“[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

While it is often believed that the left-leaning justices don’t often seem too concerned with the Constitution, if you listen to oral arguments long enough, you start to see both sides indeed heavily use the constitution for the basis of their arguments.

United States Supreme Court Justice Antonin Scalia 1960-2016
Justice Antonin Scalia 1960-2016

What’s often the case however, is that some are absolutists, and use the constitution strictly as it’s written.

The late Justice Antonin Scalia was among the most supportive of this notion. In an interview he stated that, “The only good Constitution is a dead Constitution. The problem with a living Constitution in a word is that somebody has to decide how it grows and when it is that new rights are – you know — come forth. And that’s an enormous responsibility in a democracy to place upon nine lawyers, or even 30 lawyers.”

However, other justices try to interpret what was intended when the Constitution or its amendments were written, instead of interpreting it solely by its verbiage—referring to the Constitution as a living document. Most notably, former Chief Justice William Rehnquist, who wrote this piece explaining his ideals.

United States Supreme Court Chief Justice William H. Rehnquist 1924-2005
United States Supreme Court Chief Justice William H. Rehnquist 1924-2005

This “Living Document” idea also means that they often try to modernize the Constitution in such a way as to essentially say, “If the framers knew what we know today, this is what they’d have written or done.”

Scalia (and I agree wholeheartedly) would argue that it is for congress to rewrite the Constitution through the amendment process, and that the “Living Constitution” concept is nothing less than legislating from the bench—blurring the lines of the separation of powers intended by creating the Judicial, Legislative, and Executive branches.

But nonetheless, Justice Sotomayor’s lone dissent, was clearly the only decision made with the Constitution in mind as written, almost stunningly not echoed by the late Justice Scalia and other conservative justices.

The United States Constitution
The United States Constitution

In today’s highly politicized society, we often wish to assume that partisan’s, including justices, are always on the side of their party, but every once in a while, you will find an ally in the most unlikely places, and on this particular issue, the only ally to liberty was Justice Sotomayor, recognizing that you cannot allow police to search someone’s car under a false pretense, and then allow prosecution to proceed accordingly.

I’m often pretty outspoken in my disdain for any politician who is consistently on the wrong side of liberty, but I’ve always said I worship ideals, not people. I just give people credit where it’s due, and attack when I believe it’s warranted. On this day, Justice Sotomayor was right, and she should be commended for it.

 

How To Improve Relations Between Police and Citizens

Unless you avoid the news at all costs, you’re fully aware of the shootings by police, killing two black citizens, Alton Sterling and Philano Castile, both under highly questionable circumstances.

Alton Sterling (Left), and Philando Castile (right)
Alton Sterling (Left), and Philando Castile (right)

Then Army reservist/Afghan war veteran Micah Xavier Johnson, so enraged by such shootings, murdered several police officers in Dallas in retaliation.

There can be no doubt, that tensions between the governed and the government are at levels that are bordering the animosity that triggered us to war for independence against Great Britain 240 years ago. But how did we get here, and how do we get out?

Facts versus Headlines

It’s fair to say that the media push narratives that get ratings. But while according to the FBI in 2014, most black and white people are killed by people of their own race—89% for the black community, and 82% for the white, they often push a narrative that a young black man is more likely to be killed by a white cop.

There were a total of 444 police shootings deemed justifiable homicide, by police in 2014. Pointing out those deemed justifiable homicide is important to the story, because the concern is that police aren’t prosecuted for such shootings. So for police not to be prosecuted, it means the shooting was deemed justifiable.

The FBI didn’t break them down by race, but even if they were all white cops shooting black victims, which they certainly aren’t, that’s still four times less than the 2,205 black-on-black murders in the same year, or the 2,488 white-on-white murders.fbi-logo-404553[1]

Let’s be clear about that statistic, though. It has little to do with living in violent communities, a narrative that is often asserted. The first clue is that white-on-white murders are very similar.

It actually has to do with people being four times as likely to be killed by someone they simply knew.

See this table from the FBI, also in 2014, which shows that 43% of the time people were killed by an acquaintance or family, compared to 11.5% by strangers. The rest are unknown, but since the dataset is somewhat large, we should reasonably assume that nearly 4:1 ratio would be true for the unknowns as well.

The Attitude Adjustment

We need to change the way we interact with each other.

The police were hired to protect our rights. If one pulls you over or otherwise interacts with you, remember that this person is potentially willing to die for you—treat them accordingly. A little compassion for police who do such a dangerous job would go a long way to improve the exchange you have with that officer.

Credit: inhauscreative Vetta Getty Images
Credit: inhauscreative Vetta Getty Images

But as always, it takes two to tango.

Police are trained to fear the worst and prepare for it in each interaction they have with the public. The most innocent traffic stop could be their last.

But preparing for the worst doesn’t excuse assuming the worst, nor treating them as if they’re the worst. If police want people to respect them, they must first show citizens the same respect they expect from them. If an officer didn’t specifically witness a citizen harming someone, they are innocent until proven guilty—it’s an officer’s duty to act accordingly.

Blame Legislators Versus The Police Where Appropriate

Whether you’re a Republican or a Democrat (libertarians already generally know this), when you try to socially engineer society by passing victimless crimes, you cause police to have to enforce those crimes—requiring more police.

This puts both police and citizens in harm’s way; increasing the odds of violent interactions between the two parties.SundayAlcohol[1]

Drugs, prostitution, blue laws, and other such victimless legislation which protect no one—yet risk many, are a huge part of the problem.

If you support passing a law, then you must be comfortable with the notion of putting a gun to the offender’s head and killing them yourself if they violate it. If you’re uncomfortable with this thought, then it’s pure hypocrisy to put police in the situation where they may have to do so in your name.

For instance, if your neighbor were smoking marijuana, would you walk next door, put a gun to their head and tell them to stop or you’ll kill them? Of course not. But if that same neighbor were raping a child, I suspect you’d feel quite differently. This is bad legislation versus good in a nutshell.

If we want to reduce senseless violence, we must first elect someone looking to undo all the senseless laws we’ve passed which trigger senseless violence. Then be sure they don’t pass new ones going forward.

Respect the Constitutiongun-and-the-constitution[1]

I’m in a state where concealed carry requires a permit. So this means I open carry when walking my dog at night, because I haven’t taken the course and applied for that license. I carry in case I get accosted by a miscreant. In so doing, I often worry I might get accosted by the police.

The current scenario is that if a busy-body citizen calls police to report me walking down the street carrying a gun, the police must investigate. They do this because we’ve allowed a litigious culture where police can be held liable for not investigating.

What should happen however is that the police should respond to the caller with, “Carrying a gun is every American’s right. Does he/she appear to be committing a crime? If not, there’s nothing for us to investigate.”

This may seem wrong at first, but the police would do this if you reported someone just driving a car down the street. Driving a car and carrying a gun are both perfectly legal actions that have an intrinsic danger if done so irresponsibly or maliciously. So while at first it may seem like a horrid analogy, they are almost exactly the same.

The reason it feels wrong is simple conditioning by anti-gun people who deem gun carriers as a threat, despite the fact everyone is a threat in some way, and gun carriers aren’t any more likely to harm someone. Most are responsible citizens exercising their 2nd amendment rights just as all of us exercise our 1st.

We then need to pass serious tort reform to preventing civil action against police who don’t investigate someone carrying a gun, on the off chance that person actually harms someone.

Better Community Outreach via Police Training

This proposal is a bit novel and controversial, and I admit it may have unintended consequences. But I like blue skies thinking, so I’ll propose it anyway just to get some creative juices flowing.

Much like we have food stamps to help the needy eat, I think police could use confiscated weapons that are normally destroyed, and start a program with impoverished citizens in bad neighborhoods to protect themselves by donating these weapons and giving classes on how to use them properly.

Of course those citizens would be screened properly for criminal backgrounds like they would for a gun purchase. And yes, it is possible one of those guns may be used in a crime later. But it’s also highly possible that those guns may save many lives of people too poor to buy one themselves, yet absolutely may need one as a result of living in a high crime area.oc_zps62e1c21e[1]

If every good citizen were armed, and prepared to defend themselves against a would-be criminal, we’d have a lot less would-be criminals.

Criminal prey on the weak, but it’s hard to call anyone packing heat, weak. Guns are the greatest equalizer mankind has every invented, turning a feeble grandmother into a Chuck Norris level threat.

Police Need To Eschew The Brotherhood Mentality

Being a Corvette owner, we tend to recognize each other—so much so, that nearly all of us wave at another Corvette owner driving past. Motorcyclists do this too. If you were from Boston, visiting California, and overhear the person next to you say he just “Pahked the Cah,” you’ll almost certainly strike up a conversation with him.

This is because people are hard-wired to bond with those they share commonalities with—it strengthens societal bonds. The easiest way to do this, is to bond over a unique common interest or trait. I say “unique,” because if you were both in Boston, you’d pay the same person no attention whatsoever.

Police know that their work is dangerous, so they form strong bonds among one another so they can be confident they’d have the other’s back, even if they don’t personally know each other—it’s a very natural phenomenon.

But they should be taught that this is a natural emotion, and that they should avoid following it blindly. Much like the placebo effect, while it’s natural, it can do far more harm than good if all skepticism is eschewed.

Violent Crime Rate comparison between general population UCR data and law enforcement population NPMSRP data. Click image for the full article
Violent Crime Rate comparison between general population UCR data and law enforcement population NPMSRP data.
Click image for the full article

This data shows that police are just as likely to commit criminal acts as the general public.

At first, you might think this seems odd, but the police are regular people, not superheroes.

We often hear stories of good Samaritans doing wonderful things. So being a good person isn’t unique to police, nor is being a criminal unique to the general public either.

The reason I say they need to eschew the brotherhood mentality is that police often defend other police who have clearly done unconscionable things.

While at first, a police officer might think defending their “brothers” is the honorable thing to do, but it’s absolutely not in their best interests.

When an officer commits a crime, they violate their sworn oath to uphold the law of the land, dishonoring their noble profession. But it also creates animosity with the public who feel as though police can operate above the law without repercussion.

This hatred and distrust often leads enraged citizens to act violently towards the police, because they feel it the only way justice will be served—putting good cops needlessly at risk, as evidenced by the aforementioned Micah Johnson.

Instead, if an officer is arrested or put on probation for a potential felonious act, police should distance themselves from that person entirely, and make it clear that if the person is found guilty, that person is no “brother” of mine.

They should also be quick to report any criminal acts among their ranks, and clean their own house unmercifully. They will never get the trust and respect of disenfranchised citizens otherwise.

And let’s be honest, if you are a police officer, are you really OK with one of your own committing a murder or unprovoked assault?

Drew Peterson should serve as a shining example of the harm that can come from this blind loyalty. His fellow officers failed to properly address allegations of abuse against Drew when his then wife Stacy Peterson reported him a multitude of times for serious domestic abuse.

Stacy Peterson
Stacy Peterson

It is almost certain that had his fellow officers taken Stacy’s complaints seriously, and treated Drew like any other violently abusive husband—investigating Drew in earnest, Stacy could very well be alive today, with Drew safely in jail where he belonged.

By all means, police should have each other’s backs, but never at the expense of what is right. A criminal is a criminal, whether they wear a badge or a wife-beater, they should be treated with the same prosecutorial mindset.

I could write an entirely separate post on the tactics police unions use to protect police in ways that harm the general public, and destroy the public’s trust in them. They should merely assign the accused a lawyer, and refrain from professing the person’s innocence or any other public statements until that officer is cleared of any wrongdoing.

But once convicted, their sentences should be as harsh as what would be applied to the general public (in my opinion harsher, since they swore to uphold those laws). The slap on the wrist sentence for an offense that would land us regular citizens in jail is surely one of the largest factors in eroding the relationship between the governed and the government.

America: Safety Second!

Your humble correspondent has many favorite pass-times. At the top of my list is autocross racing; a form of road racing for beginners—using their own cars to get the thrill of something like Formula 1, without the $100 million dollar budget, death-defying 200+ mph speeds, or the need to be the best driver in the world. See the video below for a short, but wonderful documentary on autocross. If you like motorsports, I encourage you to check out your local SCCA or NASA (not that NASA) club and check it out. It’s cheap yet awesome!

Before every event, they have a driver’s meeting where the person running the event (a volunteer) lays out the plans for the day, and the safety steward (also a volunteer) explains the rules of safety.

One of these officers from the events I went to, one Jon Beerman, would always say, “Safety second! If we put safety first, we wouldn’t be out here doing this in the first place.” Jon has a crazy fast Corvette, and if you know me or follow me on Twitter, you know I have a deep love for all things Corvette, so this makes Jon a well respected man in my book straight away.

Jon Beerman and his Corvette of Death
Jon Beerman and his Corvette of Death

All kidding aside, I always thought this was pretty insightful of him, but also, a great analogy for the American spirit. We were a country born out of a passion for freedom. The freedom to do something really dumb, adventurous, dangerous, and/or even crazy (as long as you don’t hurt anyone doing it). Why would you do such a thing? Why not?!

The crew from the Jackass movies, for instance, put their lives and limbs on the line, just to make a living entertaining us. Nothing they do is ever advisable, and certainly isn’t safe. But obviously they are doing what they love for a living, and those of us who find it entertaining are thankful they do. But if all we cared about was safety, nothing like that would ever exist. Thankfully, both the Jackasses and us viewers live a happier life, in some small part, because they do.

The Cast from Jackass
The Cast from Jackass

Yet these days, that concept seems to be lost on most Americans as we strive to put warning labels on everything, barricade our children into the house until they’re 18, pass laws to erase any ounce of danger in life (even if we’re only endangering ourselves), and generally destroy anything that is fun in the name of safety.

The whole point of freedom is the ability to do things that other people might not think you should do, but so long as you’re not hurting someone doing it, you should happily be able to do so with no impediment from government.

Whether it be currently legal activities like skydiving and/or road racing, or things currently illegal like using recreational drugs, gambling, hiring a prostitute, or all of the above. It’s your life, you should be free to live it as you see fit.

As with most all things, we’re dealing with a simple trade off. You can lead a riskier life you enjoy more, but may die younger as a result. Or you can lead a more sterile life, live longer, but be miserable doing so.

After reading that last paragraph, you’ve probably thought about it and picked one life or the other for yourself. But here’s the thing that you should really think about. Whichever you picked, you have no right to dictate that someone else pick the same for themselves.

If you opted to go the Evel Knievel route, great! Have fun and good luck. The funny thing about such daredevils, is that they rarely, if ever, try to force that lifestyle on you. Some of them do their shenanigans in public and risk the populace around them, which I would never condone—that’s criminal, violates the rights to life of others, and they rightfully should be locked up.

Evel Knievel Crash - Wembley Stadium
Evel Knievel Crash – Wembley Stadium

But at the opposite end of the spectrum, those who think risk-taking is always bad and avoid them at all costs, love to vote on legislation to ensure you lead their sanitized lifestyle.

It can be something as benign as a helmet or seat belt law, or as intrusive as the aforementioned drug, prostitution, or other vice laws.

If you know a few friends who like to sit around and get high; you know they rarely if ever, hurt anyone. So how is it the business of anyone else if they do that to themselves? I know it’s popular opinion among those who aren’t around such people, mostly based on folklore, that people who sell or use drugs are violent killers, but most are just trying to pay a few bills, and escape the miseries of life peacefully.

While Hollywood paints prostitution to be a crime ridden enterprise, the fact is that many of the consumers are just lonely guys, maybe not very attractive, who want to know what it’s like to be with a beautiful woman, and often treat the providers fairly respectfully.

Here’s where the illegality part becomes the problem. If the consumers are abusive, the laws against prostitution actually work against the victims, because they cannot call the police to help them without admitting they were engaging in prostitution.

Some areas stipulate police cannot check a person’s immigration status if that person calls the police to report a crime, because we want those people to report those crimes without fear of deportation. Yet somehow, if someone’s rights are violated during a vice encounter such as drugs or prostitution, now the same legislators don’t seem to care.

It’s rather hypocritical, quite immoral, and nearly unconstitutional to worry about the rights of someone who isn’t a citizen, yet care less about the rights of someone who is, just because they were engaging in behavior you think is wrong.

So I will always argue that America should be safety second, and enjoy your life to the fullest should be the resounding first.

 

 

 

A Skeptical Look At The Steven Avery Case

I, as most of you, was compelled by the Making a Murderer series on Netflix. The validity of the claims aside for a moment, it was certainly compelling TV, and Netflix deserves all credit for the entertainment value of it.

Also, like you, after watching it, I felt as though Avery and his nephew were wrongly convicted in both instances, not just the initial conviction of Avery we know was wrong.

Steven Avery: Making a Murderer on Netflix
Steven Avery: Making a Murderer on Netflix

But I’d ask you all to apply come critical thinking for a second.

Most of you who watched the documentary feel he’s innocent. I’d say a fair estimate is at least 11 out of 12 of you anyway.

Yet, in a court of law, where all the evidence was presented, 12 out of 12 people all came to the opposite conclusion and agreed Avery and his nephew were guilty beyond a reasonable doubt. Not the majority of them, but every single one of them. Such a large disparity cannot be explained away by a simple anomaly.

Clearly, they heard a different story than us Netflix viewers did. This story would be one where the prosecution and the defense presented their cases with equal opportunity.

I’m not saying a jury never gets it wrong, surely they do, and did in fact for his initial conviction. But let’s understand that the jury is made of people just like you and I. So if the majority of us think he’s innocent, yet all of them found him guilty, clearly we’re missing some info that the jury heard.

Here’s a link to some evidence that was left out of the documentary, in my opinion, somewhat shamefully if they intended to be fair. It paints a very different picture of Avery.Making A Murderer

Let’s also remember that the car was found on Avery’s property. If Avery is entirely innocent as he claims, and was framed by the police, when they found Halbach’s vehicle, instead of investigating her murder in earnest, they immediately opted instead to use the opportunity to plant the evidence at Avery’s place, hoping that someone would find it. It’s pretty far-fetched.

Either way, let’s explore another possibility that fits with all the evidence, not just the evidence supporting Avery’s innocence.

It is entirely possible that Avery is guilty, but prosecutors and police didn’t have enough evidence to convict him, and thus planted evidence to get that conviction they needed.

If this is true, this means both Avery and Manitowac county are villains.

By all means, it was an entertaining series which in my opinion shows that the Manitowac county government has some serious ethics issues. When libertarians like me try to convince the populace to stop growing government, it’s because government has corruption issues like this throughout. We understand that the only way to lessen government corruption is to lessen the size and scope of government itself.

But let’s not assume Avery is innocent based on a documentary with a clearly biased agenda. While I don’t argue they presented false information, it is obvious they ignored presenting information that paints Avery out in a bad light; specifically all the evidence that led to his ultimate conviction. As well as the evidence that shows he exhibited psychopathic and violent behavior.

Avery being guilty, and Manitowac County being corrupt are not mutually exclusive hypotheses. Keep in the back of your mind that it is entirely possible both are true. Watch the series, find it interesting. Look at other sources and find them interesting as well. But no one should be asserting that they know one or the other is true. Question everything, and enjoy the journey.