Category Archives: Uncategorized

Why Wouldn’t Ramos’ Unanimous Jury Requirement Be Retroactive?

When I first learned that Louisiana and Oregon allowed juries to return non-unanimous verdicts of guilty, I was shocked. It seemed inconceivable. After all, what was the point of a jury of twelve good men and true if not to reach agreement? It was simply so ingrained in my head that the alternative, a verdict of 11 and one or ten and two seemed ridiculous. Obviously not.

The Sixth Amendment to the United States Constitution states that a defendant is entitled to an impartial jury. We refer to it as a jury of one’s peers, although that language appears nowhere in the amendment. Nor does it say that the verdict of that impartial jury must be unanimous. But the federal government required jury unanimity. These, however, were states, and states are entitled to make their own rules of criminal procedure unless the Supreme Court holds that the constraints of the federal Constitution applies to them as well. Continue reading →

A Champion’s Tale

They encircled him, dressed in their former Jeopardy! contestants’ robes. They pointed their index finger at him and began to chant: Sinner, sinner, sinner.

They possessed a breadth of knowledge, state capitals and mountain ranges, song lyrics and literary references. And they believed with all their heart and soul that they were the good ones, which made their cause not merely just, but beyond reproach. Continue reading →

The Sound of Uniqueness

Some very smart people, and Harvard prawf Cass Sunstein, offer a counterpoint to our current obsession with bias, and tacitly with adoration of empiricism. They call it “noise.”

Society has devoted a lot of attention to the problem of bias — and rightly so. But when it comes to mistaken judgments and unfortunate decisions, there is another type of error that attracts far less attention: noise.

To see the difference between bias and noise, consider your bathroom scale. If on average the readings it gives are too high (or too low), the scale is biased. If it shows different readings when you step on it several times in quick succession, the scale is noisy. (Cheap scales are likely to be both biased and noisy.) While bias is the average of errors, noise is their variability.

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Short Take: The Pronouns of Semiconductors

You’re probably a big fan of Taiwan Semiconductor Manufacturing Company, right? What, the name isn’t familiar? But its microchips are, without which a great many of your devices would cease to function. Sure, we have Intel, but TSMC makes smaller, more complex microchips, and far more of them. Maybe you’ve never heard of the name, but you can’t live without them.

The supply chain for cutting-edge chips like those made by Taiwan Semiconductor Manufacturing Company is no better. Producing the newest five- or seven-nanometer chip requires billions of dollars in investment in specialized factories and a highly skilled labor force. As a result, there are relatively few facilities that make them. If one of these factories goes offline, as the Samsung operation in Austin, Texas, did for weeks after the Texas grid failure, there might be no other factory able to step in.

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Outrage Monkeys

It was soon after my son graduated from college and moved out west to work in a start-up where the second round before Y Combinator was mere months away, and they weren’t ready with a working prototype. It was exciting and heady to be involved in a start up, even if I thought the idea they were working on was dumb. After all, a lot of dumb ideas seemed to succeed, even if only for the purpose of being bought out later and killed.

Millions were being thrown at kids with dreams and no life or management skills. and my son was going to be Employee 1 at a start up run by and a tech-smart narcissistic child who was simultaneously unpleasant and irresponsible. But my son was excited at the prospect of creating something that never existed, and why not? That was when I read Antonio (@antoniogm) García Martínez’s book Chaos Monkeys. Continue reading →

But For Video: Intercept’s “Wide Angle” Smear

Remember the video of Antifa in Portland smashing the windows of the Democratic Party office? Well, it definitely happened, but you shouldn’t believe it happened because it was captured by video taken by the right wing #Riot Squad. It wasn’t fake video. It was absolutely real video. But it was bad video and the Intercept can prove it.

On the air, Ingraham attributed the destruction to “antifa thugs,” using the right-wing shorthand that lumps everyone with left-of-center politics into one undifferentiated mass. Rosas, who was standing in front of a Circle-A — a symbol for anarchism, not anti-fascism — that had been spray-painted beside the ruined front door of the Democratic Party office, made no effort to correct her. Continue reading →

Short Take: Fulton County District Attorney Tested

Robert Long murdered eight people in Atlanta, six of whom were Asian women. If convicted, he will not be breathing free air ever again. But that wasn’t good enough for Fani Willis, District Attorney of Fulton County who ran for office as a progressive prosecutor against the death penalty.

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The Word: Punch

Among the great many flagrant failings of the woke is violence. It was once about punching Nazis, but has metastasized since into justified violence against anyone who doesn’t share their religion. But it’s unfair to chalk up the provocation faced by 27-year-old Corey Pujols, the manager of a Dunkin’ (formerly Donuts) when a 77-year-old angry customer pushed his button. Twice.

A Dunkin’ employee faces a manslaughter charge after punching a customer who then fell, hit his head and later died, police say.

The single punch that led to the arrest of 27-year-old Corey Pujols was thrown May 4 at the Dunkin’ store in the Marathon gas station at 410 S 50th St., just south of the Lee Roy Selmon Expressway, according to an arrest report. Pujols told police the man called him a racial slur.

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