Eric Garner, Cigarettes, and Overcriminalization

This beautifully written, erudite piece by George F. Will is the best thing I've read so far about the Eric Garner case.  Excerpts:

Garner died at the dangerous intersection of something wise, known as “broken windows” policing, and something worse than foolish: decades of overcriminalization. The policing applies the wisdom that where signs of disorder, such as broken windows, proliferate and persist, a general diminution of restraint and good comportment takes hold. So, because minor infractions are, cumulatively, not minor, police should not be lackadaisical about offenses such as jumping over subway turnstiles.

Overcriminalization has become a national plague. And when more and more behaviors are criminalized, there are more and more occasions for police, who embody the state’s monopoly on legitimate violence, and who fully participate in humanity’s flaws, to make mistakes.

[. . .]

Garner lived in part by illegally selling single cigarettes untaxed by New York jurisdictions. He lived in a progressive state and city that, being ravenous for revenue and determined to save smokers from themselves, have raised to $5.85 the combined taxes on a pack of cigarettes. To the surprise of no sentient being, this has created a black market in cigarettes that are bought in states that tax them much less. Garner died in a state that has a Cigarette Strike Force.

[. . .]

The scandal of mass incarceration is partly produced by the frivolity of the political class, which uses the multiplication of criminal offenses as a form of moral exhibitionism. This, like Eric Garner’s death, is a pebble in the mountain of evidence that American government is increasingly characterized by an ugly and sometimes lethal irresponsibility.

Is There Such a Thing as Racial Profiling?

One of the tactics of leftists is to manipulate and misuse language for their own purposes.  Thus they make up words and phrases and hijack existing ones. 'Islamophobe' is an example of the former, 'disenfranchise' an example of the latter.    'Racial profiling' is a second example of the former.  It is a meaningless phrase apart from its use as a semantic bludgeon.  Race is an element in a profile; it cannot be a profile.  A profile cannot consist of just one characteristic.  I can profile you, but it makes no sense racially to profile you.  Apparel is an element in a profile; it cannot be a profile.  I can profile you, but it makes no sense sartorially to profile you.

Let's think about this.

I profile you if I subsume you under a profile.  A profile is a list of several descriptors.  You fit the profile if you satisfy all or most of the descriptors.  Here is an example of a profile:

1. Race:  black
2. Age: 16-21 years
3. Sex: male
4. Apparel: wearing a hoodie, with the hood pulled up over the head
5. Demeanor: sullen, alienated
6. Behavior: walking aimlessly, trespassing, cutting across yards, looking into windows and garages, hostile and disrespectful when questioned; uses racial epithets such as 'creepy-assed cracker.'
7. Physical condition: robust, muscular
8. Location:  place where numerous burglaries and home invasions had occurred, the perpetrators being black
9. Resident status: not a resident.

Now suppose I spot someone who fits the above profile.  Would I have reason to be suspicious of him?  Of course.  As suspicious as if the fellow were of Italian extraction but fit the profile mutatis mutandis.  But that's not my point.  My point is that I have not racially profiled the individual; I have profiled him, with race being one element in the profile.

Blacks are more criminally prone than whites.*  But that fact means little by itself.  It becomes important only in conjunction with the other characteristics.  An 80-year-old black female is no threat to anyone.  But someone who fits all or most of the above descriptors is someone I am justified in being suspicious of.

There is no such thing as racial profiling.  The phrase is pure obfuscation manufactured by liberals to  forward their destructive agenda.  The leftist script requires that race be injected into everything.  Hence 'profiling' becomes 'racial profiling.'  If you are a conservative and you use the phrase, you are foolish, as foolish as if you were to use the phrase 'social justice.'  Social justice is not justice.  But that's a separate post. 

I wrote and posted the above in July of last year.  This morning I find in The New Yorker a piece entitled  No Such Thing as Racial Profiling.  It is just awful and shows the level to which our elite publications are sinking.  It is not worth my time to rebut, but I will direct my readers to the author's comments on the R. Giuliani quotation. Get out your logical scalpels. 

Addendum.  There is also the liberal-left tendency to drop qualifiers.  Thus 'male' in 'male chauvinism' is dropped, and 'chauvinism' comes to mean male chauvinism, which is precisely what it doesn't mean.    So one can expect the following to happen.  'Racial' in 'racial profiling' will be dropped, and 'profiling' will come to mean racial profiling, which, in reality, means nothing. 

___________________

* See here:

Any candid debate on race and criminality in this country would have to start with the fact that blacks commit an astoundingly disproportionate number of crimes. African-Americans constitute about 13% of the population, yet between 1976 and 2005 blacks committed more than half of all murders in the U.S. The black arrest rate for most offenses—including robbery, aggravated assault and property crimes—is typically two to three times their representation in the population. [. . .]

"High rates of black violence in the late twentieth century are a matter of historical fact, not bigoted imagination," wrote the late Harvard Law professor William Stuntz in "The Collapse of American Criminal Justice." "The trends reached their peak not in the land of Jim Crow but in the more civilized North, and not in the age of segregation but in the decades that saw the rise of civil rights for African Americans—and of African American control of city governments."

The Deep Meaning of Ferguson: The End of the Rule of Law

Ferguson is of course just one instance.  But it is emblematic.  As usual, Victor Davis Hanson gets it right:

In the Ferguson disaster, the law was the greatest casualty. Civilization cannot long work if youths strong-arm shop owners and take what they want. Or walk down the middle of highways high on illicit drugs. Or attack police officers and seek to grab their weapons. Or fail to obey an officer’s command to halt. Or deliberately give false testimonies to authorities. Or riot, burn, and loot. Or, in the more abstract sense, simply ignore the legal findings of a grand jury; or, in critical legal theory fashion, seek to dismiss the authority of the law because it is not deemed useful to some preconceived theory of social justice. Do that and society crumbles.

In our cynicism we accept, to avoid further unrest, that no government agency will in six months prosecute the looters and burners, or charge with perjury those who brazenly lied in their depositions to authorities, or charge the companion of Michael Brown with an accessory role in strong-arm robbery, or charge the stepfather of Michael Brown for using a bullhorn to incite a crowd to riot and loot and burn. We accept that because legality is becoming an abstraction, as it is in most parts of the world outside the U.S. where politics makes the law fluid and transient.

Nor can a government maintain legitimacy when it presides over lawlessness. The president of the United States on over 20 occasions insisted that it would be illegal, dictatorial, and unconstitutional to contravene federal immigration law — at least when to do so was politically inexpedient. When it was not, he did just that. Now we enter the Orwellian world of a videotaped president repeatedly warning that what he would soon do would be in fact illegal. Has a U.S. president ever so frequently and fervently warned the country about the likes of himself?

Read it all.

‘Spengler’ on the Criminal Rights Movement

David P. Goldman talks sense about Ferguson and the liberal-left threat to civil society and the rule of law:

The argument of what now might be termed a “criminals’ rights movement” is that the police should not have the right to use force against felons whose crimes do not reach a certain threshold. What that threshold might be seems clear from the repeated characterization of Brown as an “unarmed black teenager.” Unless violent felons use deadly weapons, it appears, the police should not be allowed to use force.

To restate the “civil rights” argument in a clearer way: Young black men are disproportionately imprisoned. One in three black men have gone to prison at some time in their life. According to the ACLU, one in fifteen black men are incarcerated, vs. one in 106 white men. That by itself is proof of racism; the fact that these individuals were individually prosecuted for individual crimes has no bearing on the matter. All that matters is the outcome. Because the behavior of young black men is not likely to change, what must change is the way that society recognizes crime itself. The answer is to remove stigma of crime attached to certain behavior, for example, physical altercations, petty theft, and drug-dealing on a certain scale. The former civil rights movement no longer focuses its attention on supposedly ameliorative social spending, for example, preschool programs for minority children, although these remain somewhere down the list in the litany of demands. What energizes and motivates the movement is the demand that society redefine deviancy to exclude certain classes of violent as well as non-violent felonies.

The logic  of the criminals’ rights movement is as clear as it is crazy: Because the outcome of the criminal justice system disproportionately penalizes African-Americans, the solution is to decriminalize behavior that all civilized countries have suppressed and punished since the dawn of history.  Because felonious behavior is so widespread and the causes of it so intractable, the criminals’ rights movement insists, society “cannot afford to recognize” criminal behavior below a certain threshold.

If America were to accept this logic, civil society would come to an end. The state would abandon its monopoly of violence to street rule. Large parts of America would come to resemble the gang-ruled, lawless streets of Central America, where violent pathology has overwhelmed the state’s capacity to control it, creating in turn a nightmare for America’s enforcement of its own immigration law.

Self-Control and Respect for Authority

If Michael Brown of Ferguson, Missouri fame had been properly brought up to have self-control and to respect authority he might be alive today.  Police have the authority to issue commands in certain circumstances as when people are violating laws by, say, walking in the street.  Cops are often rude and arrogant.  No doubt about it.  But you still must obey their lawful commands even if rudely barked. Here is where self-control and respect for authority come in.  If Brown had possessed self control, he would have kept a lid on his feelings and would have refrained from stupidly initiating an altercation with an armed officer of the law.  Apart from questions of morality and legality, fighting with cops is almost always a highly imprudent thing to do.  And if Brown had been properly brought up, he would have known that in a situation like this he had a duty to submit to the cop's legitimate authority.  What's more, it was imprudence on stilts for Brown to act as he did right after stealing from a convenience store and roughing up the proprietor.  

Similar lessons may be gleaned from the fateful encounter of Trayvon Martin with George Zimmerman. The case is worth revisiting.

One 'take-away' is the importance of self-control.  If Martin had been taught, or rather had learned, to control himself he would most likely be alive today.  But he didn't control himself.  He blew his cool when questioned about his trespassing in a gated community on a rainy night, cutting across lawns, looking into people's houses.  He punched a man in the face and broke his nose, then jumped on him, pinned him down, and told him that he was going to die that night.  So, naturally, the man defended himself against the deadly attack with deadly force.  What George Zimmerman did was both morally and legally permissible.  If some strapping youth is pounding your head into the pavement, you are about to suffer "grave bodily harm" if not death.  What we have here is clearly a case of self-defense. 

Does race enter into this?  In one way it does. Blacks as a group have a rather more emotional nature than whites as a group.  (If you deny this, you have never lived in a black neighborhood or worked with blacks, as I have.)  So, while self-control is important for all,  the early inculcation of self-control is even more important for blacks. Otherwise, the case  has nothing to do with race.  It has to do with a man's defending himself against a thuggish attack. 

Hard looks, hateful looks, suspicious looks — we all get them from time to time, but they are not justifications for launching a physical assault on the looker.  The same goes for harsh words. 

If you want to be successful you must learn to control yourself. You must learn to control your thoughts, your words, and your behavior.  You must learn to keep a tight rein on your feelings. Before leaving your house, you must remind yourself that you are likely to meet offensive people.  Rehearse your Stoic and other maxims so that you will be ready should the vexatious and worse heave into view.  

Unfortunately, too many liberals in positions of authority have abdicated when it comes to moral education.  For example, they refuse to enforce discipline in classrooms.  They refuse to teach morality.  They tolerate bad behavior.  They abdicate their authority when they refuse to teach respect for authority.  So liberals, as usual, are part of the problem. 

But that is to put it too mildly.  There is no decency on the Left, no wisdom, and, increasingly, no sanity.  For example, the crazy comparison of Trayvon Martin with Emmett Till.  But perhaps I should put the point disjunctively: you are either crazy if you make that comparison, or moral scum. You are moral scum if you wittingly make a statement that is highly inflammatory and yet absurdly false.

Had enough yet?  If not, read this and this.

Related:  Trayvon Martin Was No Emmett Till

Ferguson

I have been asked my opinion.  But before opining it would be better to wait until we know or at least have a clearer idea of what exactly transpired between Michael Brown, the 18-year-old black male, and the white police officer Darren Wilson. We know that Brown is dead and that the officer hit him with five or so rounds. (And we know that it was the shooting that caused the death.)

And we know that prior to the shooting, Brown stole some tobacco products (cigarillos in one account, Swisher Sweet cigars in another) from a convenience store, roughing up the proprietor on the way out.

The theft is not something that Wilson could have known about prior to the shooting, and even if he did know about it, that would not justify his use of deadly force against the shoplifter.  Obviously.

So those are the main facts as I understand the case.  I need to know more to say more, except for two comments:

1.  Al Sharpton's claim that the release of the store video was a 'smear' of Brown is absurd on the face of it.  One cannot smear someone with facts. To smear is to slander.  It is to damage, or attempt to damage, a person's reputation by making false accusations. Sharpton is employing the often effective leftist tactic of linguistic hijacking.  A semantic vehicle with a clear meaning is 'hijacked' and piloted to some leftist destination.   The truth about a person can be damaging to his reputation.  But if you cannot distinguish between damaging truths and damaging falsehoods, then you are as willfully stupid as the race hustler Sharpton.

2. The governor of Missouri, Jay Nixon, called for "a vigorous prosecution"  in the case and to "do everything we can to achieve justice for [Brown's] family." These statements sink to a Sharptonian level of (willful?) stupidity.  For one thing, Wilson cannot be prosecuted for the killing of Brown until it has been determined that Wilson should be charged in the killing of Brown.  

That Wilson killed Brown is a fact.  But that he should be charged with a crime in the killing is a separate question.  Only after a charge has been lodged can the judicial process begin with prosecution and defense.

Second, talk of achieving justice for Brown's family  not only presupposes that Wilson has been indicted, it begs the question of his guilt: it assumes he is guilty of a crime.  More fundamentally, talk of achieving justice for one party alone makes no sense.  The aim of criminal proceeding is to arrive at a just outcome for both parties.

Suppose Wilson is indicted and tried.  Either he is found guilty or found not guilty of the charge or charges brought against him.  If he is found guilty, and is in fact guilty, then there is justice for both the perpetrator and the victim and his family  If he is found not guilty, and he is in fact not guilty, then the same: there is justice for both the perpetrator and the victim and his family.  Therefore, to speak of achieving justice for one of the parties alone makes no  sense.

People don't understand this because they think that the victim or his family must be somehow compensated for his or their loss.  But that is not the purpose of a criminal trial.  It is too bad that the young black man died, but the purpose of a criminal trial is not to assuage the pain of such a loss.  The purpose is simply to determine whether a person charged with a crime is guilty of it.

‘The Punishment Must Fit the Crime’

In my various defenses of capital punishment (see Crime and Punishment category) I often invoke the principle that the punishment must fit the crime.  To my surprise, there are people who confuse this  principle, label it PFC, with some barbaric version of the lex talionis, the law of the talion, which could be summed up as 'An eye for an eye, a tooth for a tooth.'  The existence of this confusion only goes to show that one can rarely be too clear, especially in a dumbed-down society in which large numbers of people cannot think in moral categories.  Recently I received the following from a reader:

If your argument is that the punishment must fit the crime, what about cases of extreme cruelty (Ted Bundy, e.g.)? Should the state have tortured him? Of course not, that would be inhumane. What makes this different from the death penalty?

This question shows a confusion of PFC with the 'eye for an eye' principle.  Everything I have written on the  topic of capital punishment assumes the correctness of Amendment VIII to the magnificent  U. S. Constitution: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments imposed." (emphasis added).

The exact extension of 'cruel and unusual punishments' is open to some reasonable debate.  But I should hope that we would all agree that drawing and quartering, burning at the stake, crucifixion, the gouging out of eyes, and disembowelment are cruel and unusual.  And here in the West we would add to the list the stoning of adulterers, the cutting off the hands of thieves, the flogging of women for receiving a kiss on the cheek from a stranger, and genital mutilation. 

So PFC does not require the state-sanctioned gouging out of the eye of the eye-gouger, or the raping of the rapist, or the torturing of Ted Bundy, or the poisoning by anti-freeze of the woman who disposes of her husband via anti-freeze cocktails.  ("Try this, sweetie, it's a new margarita recipe I found on the Internet!")

PFC is a  principle of proportionality.  The idea is that justice demands that the gravity of the punishment match or be  proportional to the gravity of the crime.  Obviously, a punishment can 'fit' a crime in this sense without the punishment being an act of the same type as that of the crime.  Suppose a man rapes a woman, is caught, tried, convicted, and sentenced to a night in jail and a $50 fine.  That would be a travesty of justice because of its violation of PFC.  The punishment does not fit the crime: it is far too lenient.  But sentencing the rapist to death by lethal injection would also violate PFC: the punishment is too stringent.

Now consider the case of the man Clayton Lockett — a liberal would refer to him as a 'gentleman' — who brutally raped and murdered a girl, a murder that involved burying her alive.  His execution was 'botched' because ". . . lethal injection has becoming increasingly difficult after European pharmaceutical companies stopped exporting drug compounds used for the death penalty in line with the EU outlawing of executions . . . ." Death is surely the fitting punishment for such a heinous deed. If you deny that, then you are violating PFC.

But if death is the appropriate punishment in a case like this, it does not follow that the miscreant ought to be brutally raped, tortured, and then buried alive.  That would be 'cruel and unusual.'  Death by firing squad or electric chair would not be cruel and unusual.

Now either you see that or you don't.  If you don't, then I pronounce you morally obtuse.  You cannot think in moral categories.  You do not understand what justice requires.

Related issue. Suppose you believe that we either are or have immortal souls.  Would you still have good reason to consider murder a grave moral breach?  See Souls and Murder.

Capital Punishment and the Difference between Conservatives and Leftists

The difference springs to the eye by comparison of this morally sane piece by Peter Hitchens and this one by Hendrik Hertzberg.

Hendrik makes no mention of the crime, the victim, and her horrible death. Instead, typical leftist that he is, he invests his interest in the perceived underdog without any consideration of why the dirty dog is in his inferior position.  Hitchens puts the emphasis where it belongs.  Hendrik:

The classic justifications for the death penalty have not changed much over the centuries. There is retribution—an eye for an eye, a life for a life. There is deterrence—this is what awaits you if you transgress. And there is awe—a graphic demonstration of the ultimate power of the state.

No talk of justice, but a shabby suggestion that the principle that the punishment must fit the crime is to be interpreted as a narrow lex talionis injunction, as if the death penalty is in every case like the barbarity of gouging out the eye of the eye-gouger.

There is also something curious about leftists, who are totalitarians from the ground up, the top down, and from side to side, worrying about the ultimate power of the state.  These are same moral cretins who want to use the power of the state to force florists and caterers to violate their consciences.

Anyone who doesn't see the moral necessity of the death penalty in certain carefully circumscribed cases, anyone who thinks that it is always and everywhere and in principle immoral, is morally obtuse.

Why We are ‘Obsessed’ with Guns and Executions

Keith Burgess-Jackson explains in response to a moronic missive he found in the NYT:

To the Editor:

Dear America: Not that I expect to persuade you, but just so you know, most of the rest of the world regards your obsession with guns and executions as barbaric. Don’t say you weren’t told.

VINCE CALDERHEAD
Nairobi, Kenya, April 30, 2014

Note from KBJ: You mean the world that gave us (just off the top of my head, and in no particular order) the Inquisition, the Crusades, human chattel slavery, gladiatorial contests, human sacrifice, conquistadors, Hitler, Stalin, Pol Pot, Mao Zedung, Robespierre, genocide, tribal warfare, the guillotine, the garrote, and the broadaxe? Sorry; we Americans put our murderers to death because, and only because, we value innocent human life. We are "obsessed" with guns because we are obsessed with individual liberty. It you don't like it here, please leave. If you're not here, please shut up and leave us alone.

Well said.  The willful stupidity and moral obtuseness of contemporary liberals is perhaps best demonstrated from their lunatic stands on capital punishment and gun control.

Here it is over a year since the 2013 Boston Marathon bombings. Why is Dzhokhar Tsarnaev still alive?  We need a judicial fast track for terrorists.  Have we lost the will to defend our open way of life, our institutions and traditions? 

Related: Three Arguments Against Capital Punishment Demolished

On Toleration: With a Little Help from Kolakowski

 

Kitty Genovese, 50 Years Later

Kitty Genovese was murdered on yesterday's date 50 years ago.  Many of us who are old enough to remember it, do.  But why do we remember it?  And what was, or was made out to be,  the meaning of that event?

I now hand off to Nicholas Lemann, A Call for Help.  Among the fascinating details I didn't know:

Aside from the guilty reflections it inspired, the Genovese case had some tangible consequences. It helped in the push to establish 911 as an easy-to-remember national police emergency number; in 1964, the most reliable way to call the police in New York was to use the specific telephone number of each precinct, and caller response wasn’t always a high priority. Two psychologists, Bibb Latané and John Darley, created a new realm of research into what came to be called the bystander effect, the main finding of which is that your likelihood of intervening in a Genovese-like incident increases if you believe that there are very few other bystanders. The effect has stood up through repeated experiments. In 1977, Winston Moseley, engaged in a periodic attempt to be granted parole, had the chutzpah to argue in a Times Op-Ed piece that his misdeed had wound up making the world a better place: “The crime was tragic, but it did serve society, urging it as it did to come to the aid of its members in distress or danger.”

Kitty genovese tending bar

Once Again: The Importance of Self Control

A post from last year applicable to the Michael Dunn case.  Like Trayvon Martin, Michael Dunn has ruined his life by failing to exercise self control.

…………..

There is so much to learn from the Trayvon Martin affair.  One 'take-away' is the importance of self-control.  If Martin had been taught, or rather had learned, to control himself he would most likely be alive today.  But he didn't.  He blew his cool when questioned about his trespassing in a gated community on a rainy night.  He punched a man in the face and broke his nose, then jumped on him, pinned him down, and told him that he was going to die that night.  So, naturally, the man defended himself against the deadly attack with deadly force.  What George Zimmerman did was both morally and legally permissible.  If some strapping youth is pounding your head into the pavement, you are about to suffer "grave bodily harm" if not death.  What we have here is clearly a case of self-defense. 

Does race enter into this?  In one way it does. Blacks as a group have a rather more emotional nature than whites as a group.  (If you deny this, you have never lived in a black neighborhood or worked with blacks, as I have.)  So, while self-control is important for all,  the early inculcation of self-control is even more important for blacks. 

Hard looks, hateful looks, suspicious looks — we all get them from time to time, but they are not justifications for launching a physical assault on the looker.  The same goes for harsh words. 

If you want to be successful you must learn to control yourself. You must learn to control your thoughts, your words, and your behavior.  You must learn to keep a tight rein on your feelings. Before leaving your house, you must remind yourself that you are likely to meet offensive people.  Rehearse your Stoic and other maxims so that you will be ready should the vexatious and worse heave into view.   Unfortunately, liberals in positions of authority have abdicated when it comes to moral education.  For example, they refuse to enforce discipline in classrooms.  They refuse to teach morality.  They tolerate bad behavior.  So liberals, as usual, are part of the problem.

But that is to put it too mildly.  There is no decency on the Left, no wisdom, and, increasingly, no sanity.  For example, the crazy comparison of Trayvon Martin with Emmet Till.  But perhaps I should put the point disjunctively: you are either crazy if you make that comparison, or moral scum. 

Less crazy, but still crazy is the comparison of Michael Dunn to George Zimmerman.

Had enough yet?  If not, read this and this.

Profiling, Prejudice, and Discrimination

Everybody profiles.  Liberals are no exception.  Liberals reveal their prejudices by where they live, shop, send their kids to school and with whom they associate.  

The word 'prejudice' needs analysis.  It could refer to blind prejudice: unreasoning, reflexive (as opposed to reflective) aversion to what is other just because it is other, or an unreasoning pro-attitude toward the familiar just because it is familiar.  We should all condemn blind prejudice.  It is execrable to hate a person just because he is of a different color, for example. No doubt, but how many people do that?  How many people who are averse to blacks are averse because of their skin color as opposed to their behavior patterns? Racial prejudice is not, in the main, prejudice based on skin color, but on behavior. 

'Prejudice' could also mean 'prejudgment.'   Although blind prejudice is bad, prejudgment is generally good.  We cannot begin our cognitive lives anew at every instant.  We rely upon the 'sedimentation' of past exerience.  Changing the metaphor, we can think of prejudgments as distillations from experience.  The first time I 'serve' my cats whisky they are curious.  After that, they cannot be tempted to come near a shot glass of Jim Beam. They distill from their unpleasant olfactory experiences a well-grounded prejudice against the products of the distillery.

My prejudgments about rattle snakes are in place and have been for a long time.  I don't need to learn about them afresh at each new encounter with one. I do not treat each new one encountered as a 'unique individual,' whatever that might mean.  Prejudgments are not blind, but experience-based, and they are mostly true. The adult mind is not a tabula rasa.  What experience has written, she retains, and that's all to the good.

So there is good prejudice and there is bad prejudice.  The teenager thinks his father prejudiced in the bad sense when he warns the son not to go into certain parts of town after dark.  Later the son learns that the old man was not such a bigot after all: the father's prejudice was not blind but had a fundamentum in re.

But if you stay away from certain parts of town are you not 'discriminating' against them?  Well of course, but not all discrimination is bad. Everybody discriminates.  Liberals are especially discriminating.  The typical Scottsdale liberal would not be caught dead supping in some of the Apache Junction dives I have been found in.  Liberals discriminate in all sorts of ways.  That's why Scottsdale is Scottsdale and not Apache Junction. 

Is the refusal to recognize same-sex 'marriage' as marriage discriminatory?  Of course!  But not all discrimination is bad.  Indeed, some is morally obligatory.  We discriminate against  felons when we disallow their possession of firearms.  Will you argue against that on the ground that it is discriminatory? If not, then you cannot cogently argue against the refusal to recognize same-sex 'marriage' on the ground that it is discriminatory.  You need a better argument.  And what would that be?

'Profiling,' like 'prejudice' and 'discrimination,' has come to acquire a wholly negative connotation.  Unjustly.  What's wrong with profiling?  We all do it, and we are justified in doing it.  Consider criminal profiling.

It is obvious that only certain kinds of people commit certain kinds of crimes. Suppose a rape has occurred at the corner of Fifth and Vermouth. Two males are moving away from the crime scene. One, the slower moving of the two, is a Jewish gentleman, 80 years of age, with a chess set under one arm and a copy of Maimonides' Guide for the Perplexed under the other. The other fellow, a vigorous twenty-year-old, is running from the scene.

Who is more likely to have committed the rape? If you can't answer this question, then you lack common sense.  But just to spell it out for you liberals: octogenarians are not known for their sexual prowess: the geezer is lucky if he can get it up for a five-minute romp.  Add chess playing and an interest in Maimonides and you have one harmless dude.

Or let's say you are walking down a street in Mesa, Arizona.  On one side of the street you spy some fresh-faced Mormon youths, dressed in their 1950s attire, looking like little Romneys, exiting a Bible studies class.  On the other side of the street, Hells Angels are coming out of their club house.  Which side of the street would you feel safer on?   On which side will your  concealed semi-auto .45 be more likely to see some use?

The problem is not so much that liberals are stupid, as that they have allowed themselves to be stupefied by that cognitive aberration known as political correctness.

Their brains are addled by the equality fetish:  everybody is equal, they think, in every way.  So the vigorous 20-year-old is not more likely than the old man to have committed the rape.  The Mormon and the Hells Angel are equally law-abiding.  And the twenty-something Egyptian Muslim is no more likely to be a terrorist than the Mormon matron from Salt Lake City. 

Homo Homini Lupus

A 28 year-old Gypsy girl from the Tene Bimbo crime family 'befriends' an 85 year-old single man, marries him, and then poisons him, causing his death, in an attempt to steal his assets.  The two were made for each other, the evil cunning of the woman finding its outlet in the utter foolishness of the man.  What lessons are to be learned from this?

The first is one that serves as a criterion to distinguish conservative from liberal.  The latter lives and dies in the pious belief that people are inherently good and that it is merely such contingent and remediable factors as environment, opportunity, upbringing and the like that prevent the good from manifesting itself.   The conservative knows better: human nature is deeply flawed, structurally flawed, flawed beyond the hope of merely human amelioration.  The conservative takes seriously the idea of original sin, if not the particulars of any particular doctrinal formulation.  Though capable of near- angelic goodness, man is capable of near-diabolical evil.  History records it, and only the foolish ignore it.  The fact of radical evil cannot be gainsaid, as even the Enlightenment philosopher Kant (1781-1804) deeply appreciated.  The timber of humanity is crooked, and of crooked timber no perfectly straight thing has ever been made.  (Be it noted en passant that conservatives need to be careful when they generalize about the Enlightenment and wax critical of it.  They might want to check their generalizations against the greatest of the Enlightenment philosophers, the Sage of Koenigsberg.)

My second point will elicit howls of rage from liberals, but their howling is music to my ears.  The victim must bear some moral responsibility for the crime, albeit a much lower degree of responsibility than the perpetrator.  For he allowed himself to be victimized by failing to make use of his faculties. (I assume the 85 year-old was not senile.)  He did not think:  "What could an attractive young woman see in a decrepit old specimen like me?  What is she after?"  He let his vanity and ego swamp and suborn his good judgment.  He had a long life to learn the lesson that romantic love is more illusion than reality, but he failed to apply his knowledge.  Blaming the victim is, up to a point, justified.

 So man is a wolf to man and man is a lamb to man.  Wolf and lamb 'need' each other.  Be neither.  You have a moral obligation to be neither.

 Story here.

Trial of the Century?

It was on this date in 1995 that the verdict in the O. J. Simpson murder trial came down: not guilty!  To refer to this proceeding as the trial of the century ought to offend anyone with a modicum of historical sense and a concern for the English language.  It is on a par with Tom Brokaw's silly reference to the World War II  generation of Americans as the "greatest generation." Here is an example of what I am opposing:

We always hear phrases like "Fight of the Century" and "Trial of the Century" … well, this really was the Trial of the Century. A Pro Football Hall of Fame running back might or might not have killed his wife and one of her male friends. All evidence pointed to him. No other suspects. No alibi. A disturbing history of domestic abuse. A motive. Blood splattered everywhere, including back at the suspect's house.

Nonsense!  Irresponsible journalism of Brokavian proportions.  If the Simpson double homicide trial was the Trial of the Century, then what were the following?

  • Sacco-Vanzetti (1921)
  • Leopold-Loeb (1924)
  • Scopes "Monkey" Trial (1925)
  • Nuremberg Trials (1945-49)
  • Alger Hiss (1949-50)
  • Ethel and Julius Rosenberg (1951)
  • Adolf Eichmann (1961)
  • Clinton Impeachment (1999)

Most of the above were far more significant than the Simpson trial. Who was Simpson?  A guy who was uncommonly good at chasing a piece of pigskin around a field who one night gave vent to his murderous rage in a brutal double homicide.  The only thing significant about that trial was that it exposed the tribalism among so many blacks, their incapacity to abstract from their racial identity and evaluate evidence rationally and objectively.  This tribalism was again on clear display recently in the Trayvon Martin case.  Except for a few black conservatives, black commentators on the trial displayed a depressing level of delusional thinking.  Yes, you are delusional if you think there is a meaningful comparison between the Emmett Till case (1955) and the Martin-Zimmerman proceeding.  Either that or you are contemptibly mendacious.

Whatever became of Marcia Clark, the lead prosecutor in the Simpson trial?  Her story here.