Author Archives: SHG

Crisis Averted or War Lost?

At the ideologically amorphous Niskanen Center, Columbia University economics Acadia University political science prof Jeffrey A. Sachs announced the good great news.

THE “CAMPUS FREE SPEECH CRISIS” ENDED LAST YEAR

How cool is that? Sure, Josh Blackman was the target of the children at CUNY law school, to prevent him from giving a talk about white supremacy free speech, but that’s CUNY and chances are they just hadn’t heard yet because they’re a little slow on the uptake, if you catch my drift.

Sachs proves his point using statistics, as that makes it empirical and everybody knows empiricism is the best ism. Protests are down. Disinvitations are down. The antifa hasn’t had to beat anyone with a bike lock on campus in a while. So there ya go. Continue reading →

Pi Beta Nanny

Like most myths, there’s a strong element of truth behind it. Fraternity parties were bacchanalias. The problem is that this was no mystery, and was precisely why people went to them. There would be drinking. There would be dancing. There would be sex, if you were lucky. Debauchery? It could happen.

The difference wasn’t that women were unaware of the fact that they were going into the lion’s den when they decided to try their hand at being Sigma Chi’s sweetheart, but that the sexual revolution was on, and if women wanted to drink, to get drunk, to have sex, so what? The fight wasn’t over sex or no sex, but the chauvinist belief in the virtue of the virgin.

If a woman chose to have sex, that was entirely her business. She was no more a slut than the guy. That, at the time, was the radical shift. Women with adult prerogative. Women with the right to do whatever the hell they wanted to do, even unmarried sex, without fear that she would be tainted in perpetuity as a harlot. It was revolutionary. It was long ago.* Continue reading →

The “Existential” Problem of Digital “Journalism”

Dead tree newspapers have been dying for years, but then who touches paper anymore? After all, we now have the internet, and all the news that fits to . . . oh wait. There’s infinite space online, so how can we not have an embarassment of riches in journalism?

There’s a curious thing that happens when some kid gets a job writing for a major soapbox. If some 23-year-old who graduated last year with a degree in humanities stopped you on the street and said, “Hey, do you want to spend ten minutes of your life listening to my opinions about issues in the news,” what are the chances you would? And yet, these are the people whose words you read. At Buzzfeed. At Huff Post. On most online media outlets.

Jimmy Olson is no longer the cub reporter, but your thought leader.  Continue reading →

Schadenfreude Is Not A Viable Legal Doctrine

When news broke of Roger Stone’s arrest, the place went nuts. The “place,” of course, was twitter and the teams braced themselves for war. Caught in the middle were criminal defense lawyers, as here was an FBI takedown of a high profile, and outlandish, Trump guy. Oh, Rachel was gonna be lit that night.

But it created a huge conflict between reality and partisanship, between what experienced criminal defense lawyers saw and what partisans wanted to see. It got bad. Quickly. At one point, Ken White twitted the obvious (at least it was obvious to the rational), albeit in somewhat tepid words.

The “stop questioning law enforcement or you’re pro-Trump” is really, really, really not a good look, and illustrates why criminal defense attorneys believe there is no party or “side” that is reliably in favor of defendants’ rights.

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Still Punitive After All These Years

It was 2016 when the 6th Circuit uttered the magic word that was never to be said. Sex offender registration was “punitive.” To be sure, this came as no epiphany to anyone remotely familiar with SORA, whether because they were on it, dealt with it or read anything modestly thoughtful about it. But that a federal circuit court said it? That was huge.

So, is SORA’s actual effect punitive? Many states confronting similar laws have said “yes.” See, e.g., Doe v. State, 111 A.3d 1077, 1100 (N.H. 2015); State v. Letalien, 985 A.2d 4, 26 (Me. 2009); Starkey v. Oklahoma Dep’t of Corr., 305 P.3d 1004 (Okla. 2013); Commonwealth v. Baker, 295 S.W.3d 437 (Ky. 2009); Doe v. State, 189 P.3d 999, 1017 (Alaska 2008). And we agree. (Emphasis added.)

Yet, two years after this decision, holding Michigan’s retroactive inclusion on the registry an unconstitutional ex post facto law, the problem is solved? Not quite. Continue reading →

The Reverse Cop Swagger

In 1989, when Darcel Clark was a line assistant in the Bronx District Attorney’s working narcotics, 16-year-old Huwe Burton was coerced into falsely confessing he killed his mother.

It was Jan. 3, 1989. Her son, Huwe Burton, then 16, said he found his mother murdered when he came home that evening, after having spent the day at school and then at his girlfriend’s house.

But two days later, after detectives had interrogated him for hours, Mr. Burton confessed to the police that he had stabbed his mother while high on crack during an argument. Police arrested him for murder.

Mr. Burton quickly recanted his statement, which was inconsistent with evidence at the scene. But a jury believed the confession and convicted him of murder. He served nearly 20 years in prison before being paroled in 2009.

Continue reading →

Short Take: But Jackie and Duke Lacrosse?

I was taken in by the story in Rolling Stone by Sabrina Erdely about Jackie’s rape at UVA.

I fell prey to confirmation bias, as was made painfully clear in a subsequent post by Richard Bradley, which asked whether Sabrina Rubin Erdely’s story of the gang rape of a University of Virginia freshman, identified only as Jackie, might be a lie.

At Reason, Robby Soave was not, which earned him this classic rejoinder at Jezebel.

‘Is the UVA Rape Story a Gigantic Hoax?’ Asks Idiot

That didn’t turn out well for its author, Anna Merlen, the same person who twitted for a Covington Catholic yearbook so she could dox the kid in the red hat. Lessons. How do they work?

Of course, the Jackie accusation was a hoax, a complete fabrication where Erdely was taken in because she wanted to believe, and Rolling Stone humiliated itself because how could it doubt such a truth? If you want to believe hard enough, you can. But back in 2014, there was still room for doubting voices to speak out, even if they had to endure people like Merlen calling them “idiots.”

And then there was Duke Lacrosse. KC Johnson chronicled that fiasco at Durham-in-Wonderland from start to finish. As with Jackie, there was no doubt whatsoever that these privileged white male lacrosse players raped a black woman. Who had the time to wait for a trial when the Group of 88, academics who not only condemned these students as rapists, but long after there was no doubt they were innocent, that prosecutor Mike Nifong was a lying, conniving dishonest worm, still clung to their narrative without regard to crime or guilt.

But the students were innocent. The charges were dropped. Every remotely rational person recognized the Duke Lacrosse scandal, like the UVA scandal, was a lie.

Of course, both the Duke and UVA hoaxes involved rapes, heinous and inflammatory crimes. It’s not at all surprising that passions would soar, that emotions would seize control, that critical scrutiny would be overcome.

These weren’t stories of equivocal rapes, the trendy sort of post-hoc regret or one-beer-wonders that have become the normal fare of college campus sex tribunals and sad traumatized tears. These were the real deal, hardcore forceful rapes. But for the fact that they never happened, they were awful.

So how is it possible that a kid in a MAGA hat, smirking, became so much more powerful than rape that it not only demanded instantaneous condemnation, but that once it became impossible to deny that the original video failed horribly to provide a serious view of what happened, so many people could not let go, could not admit confirmation bias, could not control their impulse to defend their outrage through any means necessary?

If we can’t manage to control our rush to condemnation, an understandable impulse in these days where nothing speaks worse of a person’s humanity than not being in the forefront of the mob, can we at least back off when the error of our ways becomes patent? Some could. Most couldn’t. Even now, they remain defiant in their contention that they are right, even if for the wrong reasons.

The questions appeared in the twitters from Jesse Singal, Robby Soave and others. There is a long stream of historic errors, going back to such glories as the Satanic Panic and Central Park Five, that have since been debunked despite the absolute certainty they were real. Is this possible now? If we can’t get past a kid who did nothing more than Smirk in the First Degree because he wore a MAGA hat, how will we ever overcome the lies and hoaxes that involve actual crimes, horrific offenses?

Who foretold the future better, Robby Soave or Cassie Delaney? Why bother to try a case if guilt or innocence no longer matters?

Trangender Policy And The Evil SCOTUS

Without explanation, the Supreme Court by a 5-4 split lifted two of three stays of Trump’s ban on trangender people serving in any capacity in the military.

The Supreme Court on Tuesday took a dramatic step toward reviving President Donald Trump’s ban on transgender troops.

Previously, lower courts had placed injunctions on the transgender ban, stopping the Trump administration from enforcing it.

On Tuesday, the Supreme Court put a hold on some of those injunctions. But because one lower court injunction was not part of the cases the Supreme Court put a hold on, the ban can’t be enforced just yet. It is likely, though, that soon the remaining injunction will be put on hold as well.

Continue reading →

The Courtroom of Babel

Trial lawyers tend to make friends with the court reporter. They sit there with us during the down time, with nothing in particular to do. So we chat. And we need them to get the transcript right, so it never hurts to be friendly with the people whose efforts serve your goals. We come to appreciate the difficulties of the job, from lawyers and judges talking over each other, as they can only get one person at a time, to mumbling, to using words with which they’re unfamiliar.

There are times in court when Qawi Abdul-Rahman, a Center City-based defense attorney, gets the sense that folks listening didn’t understand a piece of testimony.

“You get it all the time, truthfully,” Abdul-Rahman said. He’s been concerned that the true meaning of statements like “I don’t fool with them” glide past the ears of listeners who aren’t black. The unaware might think the speaker has a problem with someone. But saying this doesn’t necessarily imply hard feelings — it means the speaker isn’t really in someone’s circle.

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Covington Catholic: The Rebound

Mainstream media, to the extent such a beast still exists, got caught. Erik Wemple did a side by side comparison of the initial stories on the young, MAGA-hat-wearing, smirking (or not) Nick Sandmann who perpetrated the “facecrime” on Nathan Phillips, whose stories fluctuated with his veteran status. Then the story expanded, not to fill a void but to defend against the exposure of the media as defending its legitimacy in the face of failure.

The expanded video showed the interaction with a group that calls itself the Black Hebrew Israelites, which had nothing or something to do with what happened afterward. Then there was a shirtless kid. One of our new members of Congress saw them “taunting 5 Black men” which was about as bizarrely false as possible.

Then came the series of irrelevant revelations, designed not to address the original incident but to create a secondary means of salvaging the ruined dignity of those who needed to justify their abuse of a child. Continue reading →