Category Archive 'Justice'
26 Apr 2021
Last night, as soon as I pasted in the URL for this John Derbyshire post on the Derek Chauvin verdict and hit POST, instantly, up popped a “THIS VIOLATES FACEBOOK COMMUNITY STANDARDS AND CANNNOT BE POSTED” notice.
Well, I have a work around: the URL to my post quoting Derbyshire will upload.
The jury’s verdict itself was absurd. Derek Chauvin did nothing wrong. The best case here was made by retired lawyer Harold Cameron over at Revolver News a week before the verdict came out:
When Floyd continued resisting arrest after being placed in handcuffs, Chauvin didn’t beat him with a baton. He didn’t taze him. He didn’t put in him a chokehold. He put one knee on what the prosecution is now optimistically calling Floyd’s “neck area” and waited for the ambulance to come save Floyd’s life … The worst that could be said is that he didn’t simply let Floyd go because he was still complaining about being unable to breath, just as he had been since the beginning of the encounter. The state’s case so far boils down to a collection of experts equating that to murder.
[ Derek Chauvin Did Nothing Wrong, April 13, 2021]
Hamilton also reminds us of the size discrepancy between Chauvin, who weighs a slight 140 lbs., and Floyd, 230 lbs. and all pepped up on chemical stimulants. If you have ever been involved in a close-quarters struggle for physical mastery with another adult, you’re impressed that Chauvin managed to subdue Floyd.
In the famous kneeling video, Chauvin has a look of being somewhat pleased with himself. I would have been, too.
Aside from that look of muted pride, I thought from the beginning, and still think, that Chauvin did not at all have the appearance of someone who was aware he was doing something wrong.
Come on: If you are doing something grossly wrong, something that might end another person’s life, you know you are, and it will show.
Chauvin’s entire affect in that video was of someone who’s done an unpleasant job, and believes he’s done it rather well.
How does that square with the charges as presented? Following the verdict, Jared Taylor just referred readers to Judge Peter Cahill’s instructions to the jury before they deliberated [Read: Judge’s instructions to Derek Chauvin trial jurors, Washington Post, April 19, 2021]
He quoted several phrases taken from those instructions, which Judge Cahill in turn took from the statutes under which Chauvin was charged, and asked:
Did the prosecution really prove beyond a reasonable doubt that Mr. Chauvin “intentionally inflicted substantial bodily harm”? That he was “perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life”? That he “consciously [took] chances of causing death or great bodily harm”? Was this “[un]reasonable force in the line of duty in effecting a lawful arrest or preventing an escape from custody”?
Jared, ever the punctilious gentleman and scholar, added: “I wasn’t in the courtroom, so I can’t answer these questions …”
But he knows perfectly well, of course, that they answer themselves: No, absolutely not.
So, to quote from Lady Ann, another virgin has been tossed into the volcano to appease the hungry god.
01 Oct 2018
Victor Davis Hanson sees the old American norms transformed in the Kavanaugh process, and he sees all this as a major milestone on the road of American decline.
The Kavanaugh confirmation hearings and their endless sequelae have ended up as an epitaph for a spent culture for which its remedies are felt to be worse than its diseases. Think 338 B.C., A.D. 476, 1453, or 1939.
The coordinated effort to destroy Brett Kavanaughâ€™s nomination to the U.S. Supreme Court required the systematic refutation of the entire notion of Western jurisprudence by senators and much of the American legal establishment. And there was no hesitation in doing just that on the part of Senate Democrats, the #MeToo movement, and the press. And I write this at a moment in which conservatives and Republicans still control the majority of governorships, state legislatures, the U.S. Senate, the House of Representatives, the Supreme Court and the presidencyâ€”a reminder that culture so often is far more powerful than politics.
So, here we were to be left with a new legal and cultural standard in adjudicating future disagreements and disputes, an utterly anti-Western standard quite befitting for our new relativist age:
The veracity of accusations will hinge on the particular identity, emotions, and ideology of the accuser;
Evidence, or lack of it, will be tangential, given the supposed unimpeachable motives of the ideologically correct accuser;
The burden of proof and evidence will rest with the accused to disprove the preordained assumption of guilt;
Hearsay will be a valuable narrative and constitute legitimate evidence;
Truth is not universal, but individualized. Fordâ€™s â€œtruthâ€ is as valid as the â€œTruth,â€ given that competing narratives are adjudicated only by access to power. Ford is a victim, therefore her truth trumps â€œtheirâ€ truth based on evidence and testimony.
Questionable and inconsistent testimony are proof of trauma and therefore exactitude; recalling an accusation to someone is proof that the action in the accusation took place.
Statutes of limitations do not exist; any allegation of decades prior is as valid as any in the present. All of us are subject at any moment to unsubstantiated accusations from decades past that will destroy lives.
Assertion of an alleged crime is unimpeachable proof. Recall of where, when, why, and how it took place is irrelevant.
Individual accusations will always be subservient to cosmic causes; individuals are irrelevant if they do not serve ideological aims. All accusations fit universal stereotypes whose rules of finding guilt or innocence trump those of individual cases.
The accuser establishes the conditions under which charges are investigated; the accused nods assent.
Our cultural traditions are being insidiously rewritten in this new Dark Age. We know now that Euripidesâ€™s Phaedra should have been believed, as a female accuser of rape. Perhaps university presses can either reissue properly corrected editions or ban the Hippolytus entirely. No doubt we will ban Racineâ€™s PhÃ¨dre as well. Harper Leeâ€™s Tom Robinson deserved his fate because his female accuser should have been believedâ€”and perhaps To Kill a Mockingbird should be rewritten as well. In our time, we have finally and only now belatedly realized that Tawana Brawleyâ€™s voice was stifled.
VDH is not wrong.
06 Jul 2016
Rod Dreher seems to need a double Bourbon.
It is somehow comforting to find that oneâ€™s pitch-black cynicism is vindicated. I did not believe that official Washington would indict Hillary Clinton, not in a presidential election year, and not when sheâ€™s the only thing standing between Donald Trump and the White House.
The thought of four more years of those people, the Clintons, in the White House, with all their sleaziness, their drama, their sense of entitlement â€” itâ€™s sick-making. What a country. What a year.
Hillary Clinton is the democrat party’s best chance of keeping its grip on the presidency for another four years. Did anyone really think that Mr. Comey was going to seek her indictment?
This is the same James Comey, who initiated the Plamegame investigation that tarnished the Bush Administration, convicted Vice Presidential Chief of Staff Scooter Libby of perjury and obstruction of justice and got him sentenced to 30 months in prison, a $250,000 fine, two years of supervised release, and 400 hours of community service. George W. Bush magnanimously commuted the prison time, but Libby lost his license to practice law and his reputation.
Valerie Plame, of course, really had used her CIA position to arrange for her hubbie Joe Wilson to be selected to go to Niger in 2002 to inquire about attempts to purchase yellowcake uranium for nuclear bomb-making by Saddam Hussein. Wilson came home and wrote an editorial in the Times in July, attacking the Bush Administration, and concluding that “it was highly doubtful that any such transaction had ever taken place.” in 2008, 550 tons of non-existent yellowcake uranium was sold by the new Iraqi government, acting under US supervision, to Canada’s Cameco Corporation.
Madame Wilson’s identity and CIA employment in the Directorate of Analysis was actually disclosed by Deputy Secretary of State (Colin Powell associate and Bush Foreign Policy opponent) Richard Armitage. That Armitage was the leaker was known to Plamegame prosecutor Patrick Fitzgerald (appointed by Comey) in 2003, but that did not prevent him from proceeding with four years of unnecessary witch-hunting or from convicting Libby in 2007.
And, so we see how Justice operates in the United States in the 21st Century. They’ll investigate and hunt you down and convict you of something, whatever the facts, whatever it takes, if you are a Conservative Republican whom they do not like. But if your last name is Clinton, whatever you do will fall outside the scope of prosecutorial discretion.
03 Apr 2016
Trumpkins have recently been much praising Trumplestiltskin for his sticking by Corey Lewandowski, his campaign manager who is currently beset by (apparently false) battery accusations.
All this caused another anecdote to surface, proving that, if Donald stands by innocent employees now, he was not always that way.
27 Jul 2011
Students at Yale and Harvard don’t get single rooms as nice as the rooms at Norway’s maximum security Halden Prison
Norwegian Justice and Anders Breivik
30 Aug 2010
The late Ken Rex McElroy
After 30 years, David Baird, prosecuting attorney of Nodoway County, Missouri, is retiring after being defeated 1,356 votes to 1,381 votes, a margin of 25 ballots, in the democrat party primary.
The famous town bully shooting in Skidmore which took place within months of Mr. Baird first assuming office remains unsolved to this day.
Kansas City Star:
Ken Rex McElroy, 47, was a big, burly man with bushy sideburns, cold eyes and an ever-present gun. He was the Skidmore bully. On July 10, 1981, on a hot summer morning in a fed-up town, he was shot to death in plain view of 30 to 40 people who gathered around his Chevrolet pickup outside a beer joint on Main Street.
Killed instantly by rifle bullets, his foot pushed the accelerator to the floor. The engine roared. Like something in literature, no one shut it off. They just walked away.
Except for McElroyâ€™s wife, nobody told who did it. Investigators and grand juries heard the same thing time and time again: â€œI heard shooting and got down. Didnâ€™t see a thing.â€
Apparently, McElroy was mean enough to unite a town of plain, good folks to do murder. He had terrorized Skidmore for years. He allegedly stole livestock, burned houses, chased women, preyed upon young girls â€” and threatened a bullet or buckshot for anyone who got in his way.
Baird could never charge anyone.
Despite being a democrat, it sounds like Mr. Baird was a responsible prosecutor. Let’s hope his successor continues to follow his example.
McElroy’s pickup truck
12 Jul 2010
76-year-old Roman Polanski is now again a free man.
European civilization and rationality, for once, triumphed over American mobocracy and barbarism when the Swiss Ministry of Justice took a technical route to dismiss the US request for extradition of internationally-renowned director Roman Polanski.
The Swiss had asked to examine American records establishing whether a previous plea arrangement for an observation period of confinement in a psychiatric unit had been accepted by both sides and subsequently reneged upon by a press-conscious judge. The Los Angeles district attorney’s office refused to supply the relevant records, which tends to suggest strongly that they would have confirmed the reality of the alleged plea bargain arrangement. So, the clever Swiss, noting that the records could prove that Polanski had already actually served his sentence making the extradition request invalid ruled that the extradition request was incomplete and consequently defective, and deserved to be dismissed.
US justice in this matter was, by comparison, politically-motivated featuring, in 1977 and now, public officials posing as champions of the people in the midst of a firestorm of gossip, innuendo, and public misunderstanding whipped up by an opportunistic press. The Swiss tried to do justice. The Americans tried to score points with the mob. I applaud the Swiss.
New York Times story
Previous Polanski coverage.