Static on the Line?

Static Phone Line


Yesterday, I received a phone call from a Fresno County Sheriff’s Deputy.

The stated purpose of the call was to follow up on whether or not I am a threat about which the Sheriff’s Department should be concerned. The unstated purpose appeared to be “evidence gathering.”

For what, I don’t know. I would have thought my “Overlords” post would have clarified to anyone who misread the post that started this mess that I am not a threat. At least, it would have clarified it as well as anything I could say during the phone call would.

What concerns me is that, once law enforcement sets their minds to a particular conclusion, nothing — no evidence, no personal statement, no historical data — seems to have much of an impact. What constitutes “investigation” and “follow up” too often is: “I came up with this idea, and then I kept looking for something to prove I was right.”

I want to keep this as short as possible — a man whose judgment I trust more than my own has suggested 500 words or less — so let me get right to the point:

I did not threaten anyone. However much some may wish to interpret my words to mean something different than I meant them when I wrote them, that wish, and your interpretation, does not inform my intent.

Furthermore, I am not currently, nor do I plan to become, a threat to anyone, if by “threat” one means “intending to inflict evil, injury, or damage” in any way that would be illegal in the State of California, or under federal law.

Nor do I intend to encourage anyone else to become a threat to anyone, using that same definition.

No interpretation of the words that I wrote is contrary to what I just said in the block-quote above, unless you add something that I did not include.

If you believe differently, then you are mistaken. One of the unfortunate things about blog-writing is that, to keep things short, you can’t always include all the detailed background to your statements that you might wish. My views on our society, how it does law, who administers the law and how, and whether or not we achieve our stated goals, among other things, are nuanced; they are not black-and-white. I am also a colorful and often deliberately provocative writer. But what I wrote the other day did not say – because I did not intend it to say — that anyone should physically harm any law enforcement officer, or anyone else. 

It is perhaps unfortunate that in the same post, I wrote that gang members should stop fighting and killing each other and should fight (but, notably, not “kill”) those who keep them down. It is also unfortunate that English readers no longer understand the use of the subjunctive “if.”

Since my “Overlords” post was apparently not clear enough, I tried to make this clear during yesterday’s phone call.

Hopefully, there was no static on the line.


A New Kind of System

Angry Officers


Scott Greenfield may not be blogging anymore, but he’s still a good resource for keeping up with things.1

“If you or I did that to somebody on the outside, you’d be sitting in jail talking to (an attorney)” Arcesi said.

But, as I mentioned in yesterday’s post, those responsible for enforcing our laws take a different approach when it comes to their own behaviors.  [Read more...]


Endnotes:
  1. Yes, the original tweet came from Radley Balko, who I also follow, but I wouldn’t have seen it without Scott’s tweet. []

Overreaction as a Societal Ill


If I walk up to you and slap you in the face because your music is too loud and I can’t think, or because you’re acting carelessly and have damaged some of my property, or nearly knocked me down, several things may happen.  First off, in perhaps the “best case” scenario, I’m likely to be arrested.  In a worst case scenario, I may be shot and killed.  In almost no scenario that I can imagine will you thank me for bringing the problem to your attention.  Nor are you likely to modify your behavior because I slapped your face.

Yet every day we — collectively, as a society — slap others around and expect to change behaviors, even if we don’t necessarily expect our victims to thank us for bringing the fact that we think they have (or are) a problem to their attention.

[Read more...]


The Great Train Wreck of the Republic


Cops lie.

If you haven’t the moral courage to hear that and consider what should be done about it, then go somewhere else: you’re not going to be happy reading this blog post.  (Be sure to stay away from Injustice Everywhere, too.)

[Read more...]


Foreclosures & The Rule of Law


During a momentary escape from a brief I’m trying to complete before the end of today, I ran across an article on the Pennsylvania Litigation Blog about a sheriff who has become a hero to some because he won’t conduct auctions on foreclosed homes as the law requires.

The article itself was basically just a reprint of one that was supposed to appear in the Wall Street Journal on June 6, 2008.  It was a user comment that struck me more and inspired this post.

I don’t normally write about non-criminal law issues, but since this involved a sheriff picking and choosing what duties to perform, it seemed an acceptable fit here.

The commenter praised the sheriff because even though what the sheriff did was “against the law,” it was the morally right thing to do.  At least, it was the morally right thing to do in that commenter’s opinion.

I disagree.  At least I think I disagree.  (Keep reading!)

[Read more...]


Seeing What We Want to See


Concerning the difficulty of researching and writing historical ethnographies, the anthropologist Gananath Obeyesekere, states:

[I]t ought to make us self-conscious about our vulnerability.  And the fact that we are not on very solid ground also ought to make us ethically and politically sensitive when we write about other cultures.  In historical ethnography, it should alert us to several acute methodological problems when we deal with archival and documentary material written before modern ethnography even got off the ground.  …  “Any ontology we use to ground the human sciences must ultimately be based on ‘faith’ since any ontology of even minimal significance must derive from a variety of sources, including the scholar’s religious and cultural heritage; and any ontology that we employ can never be final since the very historicity of our being prevents that.”  (Gananath Obeyesekere,The Apotheosis of Captain Cook: European Mythmaking in the Pacific (1997) 200.)

Well, what’s that got to do with criminal law?

[Read more...]


Hold Up There, Pardner!


I thought I’d mentioned the town of Tenaha, Texas before, so this story looked familiar to me.  A link sent by Bunny Chafowitz, however, makes the story look fresh so maybe it’s just my imagination.

Police in Tenaha are accused of committing — quite literally — highway robbery.

[Read more...]


Uniformed Criminals


It’s a wonder to me why anyone these days would believe a police officer’s account of anything.

The Fresno Bee the other day contained several stories concerning what is increasingly nothing more than a gang of uniformed criminals. The first story I remember concerned a Marysville police officer who stopped a woman for driving without a seatbelt. Apparently, the officer suspected that the woman was hiding the seatbelt in her ass, because he authorized another officer to strip her and do a body cavity search. Right there. On the side of the road. While cars were going by. So far, I’ve been unable to verify whether the officer actually said, “Constitution schmonstitution, check her ass for hidden seatbelts!”

But this is just one such story.

[Read more...]