Category Civil Liberties

Don’t let the rules of evidence get in the way of a guilty verdict, not when you can change the rules

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Did I grow up on another planet?  Was my education about the basics of a criminal trial, or even just the nature of plain old fairness, totally alien?  Apparently so, when I read what the Texas Legislature is up to…

We here in the Texas state senate are voting to change a rule of evidence in criminal trials.  Now, this wouldn’t be for every criminal trial, just a special kind of case, one where the defendant is accused of rape or sexual assault.  Y’see, people accused of rape or sexual assault—not convicted or admitted rapists, mind you, but accused rapists—they are so clearly evil (evident by the fact that they have been accused) that we think our good God-fearing prosecutors deserve a little help inflaming the passions of connecting with the jury.

This bill would make it legal in rape and sexual assault cases for the state to present evidence to a jury—after the judge hears the evidence outside the presence of the jury and decides that it is relevant—that at some time in the past there had been similar allegations of rape or sexual assault made against this same defendant.  Now, we’re not talking about telling the jury about a person’s record of criminal convictions during the punishment phase of the trial, after they already found the guy guilty of the new charge; that’s already in the law.  No, we mean telling the jury before they reach a verdict in this case about any time in the past when the same defendant was ever even accused of a similar crime.

Now, just to be clear: we’re not saying the jury should know that this guy was once arrested, or indicted, or tried on a similar charge; that’s OK and all, but we mean we want it to be OK for the jury that hasn’t yet decided if this scumbag’s defendant’s guilty of this crime to be told if he was ever accused of any similar crime—doesn’t matter if he was never arrested, or indicted, or tried on the previous accusation.

You and I both know that there’s some of them whiny types (folks who came here from New York City, probably) who’d say we’re ignoring fundamental rights and revving up some kind of witch hunt, but they just don’t understand how we do things here in Texas, is all.  We’re putting this together to go with a new package of laws we think’ll be good for Texas, stuff like:

Not getting all spun up about $27 billion in state budget “challenges” and starting the session off with having Governor Haircut declare that things like mandatory pre-abortion sonograms and outlawing sanctuary cities and demanding Congress pass a balanced budget amendment are emergencies, and need to go to the head of the legislative line; and

Making sure we get our money’s worth out of our lazy-ass liberal college professors by putting a premium on productivity and emphasizing more time in the classroom, not that egg-headed research they’re so keen on; and

Seeing to it that the long-suffering public servants in the Legislature get the treatment they deserve and can carry their concealed handguns in places like bars and amusement parks, places where we already decided it wouldn’t be safe to have everyone packing.

Any questions?  Well, thanks for your attention.

These are my favorite stories about the Texas Legislature:

There was a “typo” when they wrote the state constitution back in 1876—they didn’t mean to have the legislature in session for 140 days every two years, they meant for it to be two days every 140 years.

In the 1970s the mayor of Austin, who was noted for an irreverent sense of humor, was holding his weekly news conference and a reporter idly mentioned, “Well, the Legislature’s coming back to town soon.”  The mayor’s immediate response: “Lock up the kids and dogs!”

This is history we’re seeing

Pat Ryan 4 Comments

First Tunisia; then Egypt; then Yemen and Bahrain and Iran, and now Libya, where the country’s ambassador to the UN  has broken with the government, and Qaddafi has ordered the military to attack the people but two fighter pilots flew to Malta and asked for political asylum rather than attack the protesters in Tripoli.

This is just stunning to see: across a part of the world that we Americans just assume has given in to the rule of kings and despots, people are standing up for themselves.  They’re not demanding an Islamic theocracy—they’ve taken to the streets to claim their right to self determination.  Outstanding!

I don’t know if any or all of these popular uprisings will succeed; I don’t know how far the rulers will go to keep their grip on power and privilege.  (I don’t know what the literati of 18th century Europe thought of the first reports of rebellion by the British colonists in the Americas, either.)

But I have a feeling…I think that by this time next year, we’ll see more than a couple of new democratic governments in northern Africa and the Middle East.  We’re witnessing a new birth of liberty, right where we’d have never bet we see it.

Yea, Egypt!

Pat Ryan 10 Comments

It is rare, indeed, to witness an important moment in world history: I’m old enough that I saw man’s first step on the moon, 63404977I saw the Berlin Wall fall (both on TV…thank you, TV), and today my old friend let me see an historic triumph of freedom and peaceful resistance to oppression in Egypt.   It’s an important reminder to us cynics to everyone about the power of ideas, and of the human spirit.  And like Gandhi and King and others taught, it shows that monumental change can be gained without resorting to violence.  How’s that taste, Al Qaeda?

I don’t know what’s going to happen next, but neither do the wingnuts who are certain that Muslim fundamentalists will soon be in power in Cairo.  Any assertion that Muslims, as a group, would rather live in a theocracy than a democracy is just flat wrong—as groups, Muslims and non-Muslims prefer democracy, and in virtually identical percentages.  Did hundreds of thousands of Muslims peacefully fill the streets of Cairo around the clock for the last three weeks to get out from under a secular dictator so they can submit to the whims of religious zealots?

Today the military is in charge in Egypt, and while on its surface “military assuming power from civilians” does seem to be the definition of “coup” this doesn’t feel that way.  It was the police that pushed back against the demonstrators in Cairo, but the army kept things from blowing up and seemed to be on the side of the people instead of the president.  The military leadership gives me the impression that even if they weren’t eager to see Mubarak go, they were smart enough to see that he couldn’t stay.  (And props to the protesters themselves for their patience and restraint after the disappointment of Mubarak’s Thursday speech when he said he wasn’t leaving; any other response might have forced the military to take another course.)

We shall see what comes next.  In the meantime, the old reliable Explainer at Slate has a very good list of answers to some nuts and bolts questions about what’s going on in Egypt.

“We are better than this; we must do better”

Pat Ryan 10 Comments

I knew it:  I knew right away that whether or not there was any evidence that the person who shot Congresswoman Gabrielle Giffords was motivated by the loudmouths on radio and TV, that some of those loudmouths would be blaming the others for inciting political violence.  And I was right…I also predicted the sun would rise in the east this morning.

405992-giffordsMore than two days after the fact and there is no evidence (of which I’m aware) that the man who shot Giffords and 19 [1/12, authorities have revised the figure to] 18 others was persuaded to lethal levels of violence by radio and TV stars; short of his declaration that “so-and-so said it was the right thing to do,” I don’t see that there ever will be.  So let’s leave that alone.

Starting with Sheriff Clarence Dupnik at Saturday’s news conference, there has been a lot of ink spilled calling for restraint, for throttling back the vitriol that fuels so much of the political discussion in our halls of government and our radio and television studios.  It is worth considering to what extent the personal viciousness—and the attendant self-satisfied smugness—of the professional politicians and the paid-to-be-controversial “opinion hosts” has created an environment where consideration of physical violence becomes less theoretical.

I’ve written about the tone of modern political discussion, which is clearly not intended to appeal to the intellect but to rouse the emotions and appeal to paranoia.  And I’m troubled by how successful those messengers and their messages are.

Sure, I’d like to see more restraint and less accusation in political speech, but I know that real world politics isn’t an academic debate.  And I agree with Jack Shafer’s insistence that there be no government-imposed restriction on political speech—the First Amendment makes clear that is not allowed.  (Check my We the People page for a collection of quotations on free expression.)

But I wish there was more self-control when it comes to speech intended to demonize political opponents: to say not just that someone’s position or opinion is wrong, but that those people are evil, or hostile to American ideals and virtues, because of what they believe.  Disagree with me?  Fine; argue my conclusion, dispute my facts, prove me wrong, ridicule my reasoning, do so with vigor; but to respond that my disagreement with your point of view is evidence of imbecility or treason is not a rebuttal.  It’s a sign of the weakness of your position; it’s a sign that you have nothing to say.

One of the more touching observances of a moment of silence for the victims of the shootings in Tucson came this morning from Giffords’ brother-in-law: NASA astronaut Scott Kelly, the current commander of the International Space Station.  (Full disclosure—I work at NASA Johnson Space Center and am acquainted with both Scott Kelly and his brother Mark Kelly, Giffords’ husband.)  The good stuff starts 1:27 into the clip–

We have a unique vantage point here aboard the International Space Station.  As I look out the window I see a very beautiful planet that seems very inviting and peaceful; unfortunately, it is not.  These days we are constantly reminded of the unspeakable acts of violence and damage we can inflict upon one another, not just with our actions but also with our irresponsible words.  We are better than this; we must do better.  The crew of ISS Expedition 26 and the flight control centers around the world would like to observe a moment of silence in honor of all the victims, which include my sister-in-law Gabrielle Giffords, a caring and dedicated public servant.  Please join me and the rest of the Expedition 26 crew in a moment of silence.

Invasion of the body scanners

Pat Ryan 1 Comment

I like to think I don’t take a back seat to anyone when it comes to defense of civil liberties—I was against the Big Brother-y Patriot Act before it was cool—but I don’t get all the fuss about body scanners in airports.

I’ve been able to mostly ignore the uproar about the Transportation Security Administration’s airport security measures because, well, I’m pretty good at ignore.  But I couldn’t look away from a series of posts by Padre Steve, a guy I find to be a pretty entertaining read, on the existential threat to liberty from our surrendering freedoms in the name of security.  Admittedly, I was hooked by his extended reference to an episode of “Star Trek: The Next Generation” to illustrate the problem.

With respect to Padre Steve and the others who have suffered indignities at the hands of an idiotic TSA employee, I’m not convinced.  It seems likely to me that when one man pithily proclaimed “don’t touch my junk,” that was all that was necessary for the news media—the people with too little judgment and too much space to fill—to rev up the hysteria generator; Howard Kurtz does a good job surveying the landscape of the freak-out over pat-downs.

I’ll posit that we all agree that commercial air travel is not a right but a public accommodation justifiably subject to regulation in the interests of safety—would you get on a plane today if there was no screening of passengers or baggage?  We can debate the appropriateness of the screening measures that are being used, but that’s just details.  And in the meantime, there’s always the train or the bus.

Most experts believe the full-body scanners do not pose a serious health risk for the vast majority of travelers.  As to the complaint that they’re too invasive, because someone will see a black-and-white x-ray depiction of your naked body—

body scan image

Oh, yeah…verrry sexy.

I don’t think that’s too much to ask for the sake of better collective security, and certainly not when considered against the alternative of an all-over hands-on greeting from the TSA.  All in all, the scan seems a reasonable security tactic in a world where religious fanatics convince poor lemmings to stuff their shoes and underwear with explosives to strike a blow against people they don’t know who’ve never harmed them.

But in the spirit of the holiday, I will say I am thankful for the comedy (click the pic):

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