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PostPosted: Sat Aug 17, 2013 9:10 am 
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Hannibal wrote:
I do not take freebies from customers in the course of my duties. not even a bottle of water. for me it's because I do not one thing to even be an appearance of a conflict of interest. I am not a police officer however. My mother was and she had the same opinion. Dont take freebies and dont let them get a picture of you smiling in uniform.
It's a basic common sense thing. I posted the question because it is common and standard, and the answer flies in the face of common practice. We all see police officers in uniform taking or receiving discounts and consumer privileges from institutions. We see businesses that offer discounts to uniformed military, individuals with student IDs, individuals with GS IDs, etc. But you don't need the appearance of a conflict of interest. You don't need the possibility of abusing your authority. And, like I said, some parts of our government believe in being ethical, other parts don't.

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PostPosted: Sat Aug 17, 2013 9:25 am 
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In other news, since you guys seem to think Expatriation is easy ...

http://online.wsj.com/article/SB1000142 ... TopStories

Excerpted Quote, you can read the whole article. It's about expatriation increasing despite the barriers.
Quote:
Expatriation can have stiff costs of its own. People who renounce often have to certify they have complied with U.S. tax laws for the past five years. That means expatriation is a bad strategy for cleaning up past problems.

In addition, U.S. citizens and some green-card holders who formally expatriate are treated as though they sold their property on the day before they renounce. There are few exceptions, says Stow Lovejoy, another lawyer with Kostelanetz & Fink in New York.

Such people owe an exit tax if their net worth is $2 million or more or their average annual income tax for the past five years is greater than $155,000. The exit tax is due on net gains, above an exclusion of $668,000. Deferred income in IRAs and some other tax-deferred accounts becomes taxable at ordinary rates, up to 39.6%, according to Mr. Lovejoy.

Expatriation can also bring severe estate-tax consequences. The U.S. heirs of people who paid an exit tax often owe a 40% tax on assets they inherit from the expatriate, whether the assets are in the U.S. or not. Unlike with typical estates, there usually isn't a $5.25 million exemption.

In addition, law requires that the names of people who surrender their citizenship be published by the government, which some consider embarrassing.

At the same time, there are important exceptions to the exit tax. For example, people who have been dual citizens from birth can be exempt. For more information, see the instructions to IRS Form 8854.
You see ...

You can come, but you actually cannot leave. The government truly does believe it is entitled to your wealth.

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PostPosted: Sat Aug 17, 2013 11:08 am 
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Khross wrote:
You haven't invited anyone to return to the topic.


Yes, as a matter of fact I have.

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And I will continue to defend myself against your baseless accusations and belligerence until you apologize for blowing this out of proportion. As soon as I said the question was not personal and came from a standardized test, you should have said ...


You'll get no apology. In fact, your propensity for going around the boad demanding apologies is yet another of your asinine habits and a method of attempting to control the standards of discussion. In point of fact, your "defending yourself" is just a way of immunizing yourself against getting called out for your trolling. You ask a blantantly personal question, then when you're called out on it, claim it isn't one and then get some faux outrage worked up for supposedly calling you a liar and "knowing what you think."

All this really has been is an exercise in "Khross can tell other people what they're thinking and accuse them of trolling and whatever the **** else, but no one else can do it to him because he finds it offensive".

Quote:
"Ok, sorry for thinking it was personal, but I'm still not answering it."


"OK, sorry for asking it in a personal way, let me rephrase."

You.

Asked.

A.

Personal.

Question.

Quote:
Instead, you've not spent 2 pages trying to tell me my intent and motivations behind posting that question. You shut down conversation. You shut down discussion. And you continue to make baseless accusations, because you can't admit you are wrong. The question isn't personal.


And yet, it is. You are continuing to make these claims and shut down discussion because, as your next post shows, the question was entirely and utterly irrelevant to the matter at hand. All you're doing is insisting over and over that it wasn't personal in the face of common sense. You cannot admit you are wrong. In point of fact, this "you can't admit you're wrong" is yet another play from your playbook we've seen over and over before and has all the intellectual sophistication of a 15-year-old girl getting called out in social studies class. Just assert the other person "can't admit they're wrong" and make the argument about them!

Yup, Khross diverting things onto the other person. Imagine that. Note that all I originally said was I wouldn't answer questions of that nature.

Oh, by the way? I'll tell you your intent and motivations any time I damn well please. In this instance I don't happen to, but the fact is that your intent and motivations are hardly difficult to figure out, and certianly don't require any special mind reading skill.

What are you going to do about it? Cry some more? Get offended and make most of your posts where you try to talk in a condescending way when you're in no position to do so? Threaten me with doing the same thing? Don't make me laugh; you do exactly that all the time anyhow, so doing it more would hardly be a problem.

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It's a basic common sense thing. I posted the question because it is common and standard, and the answer flies in the face of common practice. We all see police officers in uniform taking or receiving discounts and consumer privileges from institutions. We see businesses that offer discounts to uniformed military, individuals with student IDs, individuals with GS IDs, etc. But you don't need the appearance of a conflict of interest. You don't need the possibility of abusing your authority. And, like I said, some parts of our government believe in being ethical, other parts don't.


Which had absolutely zero to do with what was being discussed. You clearly did not read the discussion at hand. Bribes, gratuities and discounts had NOTHING to do with the Bucky Balls closure. The problem was government officials being overzealous in their duties. Was that unethical? Probably so, but that wasn't under dispute, and it's a different ethical issue entirely. Government officials who are overzealous in their duties are overzealous; that is not the same thing as corruption.

The question wasn't "was the CPSC in the right?"; they very clearly were not. The discussion was entirely about the merits of holding the government agency accountable and getting financial and possibly injunctive remedy for the corporation that made Bucky Balls, versus the merits of holding the individuals of the CPSC accountable directly in retaliation for their overzealous, and frankly childish, behavior.

Your entire question was just "Oh, hey, look, DE is posting, let me go in there and bring up that he's a police officer!"

In fact the course of the conversation was basically:

DFK!: "These people need to be sued and lose their jobs!"
DE: "The government can be sued. Why do you think it can't?"
DFK!: "I want the individuals to be sued!"
DE: "I don't see how that gives the Bucky Balls makers a better remedy."
Khross: "You're a cop! Can you accept discounts? Somehow, this is related to what you and DFK! were talking about."
DE: ".... seriously? I'm not going to entertain this ****."
Khross: "RARRRRR!!!!!"

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PostPosted: Sat Aug 17, 2013 12:41 pm 
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Diamondeye:

I posted a question. You responded with hostility. I clarified it was not a personal question. You started asserting it was and continue to assert as much. You are the troll and person diverting this thread with your baseless accusations and pretense. Please, continue to scream up and down you are in the right, because the following things are true --

1. You made the thread personal.
2. You are keeping the thread personal.
3. You are tacitly accusing another post of lying.

Diamondeye wrote:
Your entire question was just "Oh, hey, look, DE is posting, let me go in there and bring up that he's a police officer!"
Oh look you ascribing intent and motive again.

But, hey, you kind of missed the part where DFK! was grousing about the government determining when and where it or its agents can be sued. That's still privilege, just a different sort from the kind most people know to be unethical -- discounts and freebies.

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PostPosted: Sat Aug 17, 2013 12:54 pm 
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Khross wrote:
Diamondeye:

I posted a question. You responded with hostility. I clarified it was not a personal question. You started asserting it was and continue to assert as much. You are the troll and person diverting this thread with your baseless accusations and pretense. Please, continue to scream up and down you are in the right, because the following things are true --

1. You made the thread personal.
2. You are keeping the thread personal.
3. You are tacitly accusing another post of lying.


Khross, you made the thread personal by asking a personal question. Your "clarifications" fly in the face of the obvious wording of the question.

As for accusing anyone of lying, tacitly or otherwise, you can pretty much stop using this excuse. I already explained that your intent is irrelevant, and thus whether you are lying or not is irrelevant. You have dragged this discussion on and on rather than simply rephrasing. Your insistence that this is somehow my doing is patently absurd, and representative of your complete inability to take responsibility for your own words, and refusal to recognize that you are on the same level as anyone else.

None of the above things are true. You're just wrong. Period. Your only acceptable course of action would have been to rephrase the question immediatly after I told you I won't answer personal questions.

Diamondeye wrote:
Quote:
Your entire question was just "Oh, hey, look, DE is posting, let me go in there and bring up that he's a police officer!"
Oh look you ascribing intent and motive again.

But, hey, you kind of missed the part where DFK! was grousing about the government determining when and where it or its agents can be sued. That's still privilege, just a different sort from the kind most people know to be unethical -- discounts and freebies.


Except that it isn't, and has nothing to do with ethics. Government officials cannot do their jobs if they are vulnerable to lawsuit every time someone doesn't like what they do; our society is highly litigous and legal action is a major threat; something you got on Arathain for failing to recognize in the school bus driver discussion. They are just like corporate officials in that respect, who ALSO generally have protection from individual suit. This is not a matter of any government privilege.. which you would ahve known had you actually been paying attention.

By the way, if this was the point you wanted to make, there was no reason for you to ask me a question at all. In fact, there was pretty much no excuse for it, personal or not. It served absolutely no purpose.

As for ascribing intent and motive,tough ****. I'll ascribe whatever intent and motive I want to you, since you cannot restrain yourself from doing so, and from slinging this complaint about to defend your trolling. When you shape up your attitude and stop

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PostPosted: Sat Aug 17, 2013 1:21 pm 
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Diamondeye:

No, you're making the thread personal by refusing to accept what another poster says about their own intent. You are the one telling me what I'm thinking; you are the one trying to dictate intent and meaning. My intent is not irrelevant; you need it to be to justify your derail and offense. Stop trolling.

And, yes, comparisons of government privilege are apropos. The government does NOT retain the privilege to shield its agents from prosecution or liability, which is exactly what DFK!'s post address. In fact, the First Amendment guarantees the right to sue our government, which means laws limiting the right to petition for a redress of grievances are unconstitutional. And non-statutory privileges and judicial edicts that protect the government from the First Amendment are also unconstitutional. In fact, you have no argument on the substantive case because the First, Ninth, and Tenth Amendments collectively deny the Federal Government the right to determine when and were it can be sued.

So, yes, it is relevant; and yes, the question does matter. The issue at hand is government privilege; police officers are government agents. If I wanted to limit the discussion to just the Federal Government, I tend to type that phrase in caps. It's a specific entity. Government, without qualifiers, is just government.

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PostPosted: Sat Aug 17, 2013 1:45 pm 
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Khross wrote:
Diamondeye:

No, you're making the thread personal by refusing to accept what another poster says about their own intent. You are the one telling me what I'm thinking; you are the one trying to dictate intent and meaning. My intent is not irrelevant; you need it to be to justify your derail and offense. Stop trolling.


Khross, now you're just accusing me of trolling as a tit-for-tat measure. Your intent is irrelevant. You phrased that question in terms of me and my personal situation. You had no excuse for doing so, regardless of your reasons. You have persistently refused to rephrase it as a non-personal question.

Your complaints about people accusing you of lying and tellign you what you think are pretty much utterly pointless. No one is, but if you don't like it, stop engaging in the behaviors that cause that, and stop telling people what their motivations are all the time. You basically never get to even mention bias to me again because of this. You've done so repeatedly in the past, and complaining about my supposed ascribing of motivations to you now is the height of hypocrisy.

Quote:
And, yes, comparisons of government privilege are apropos. The government does NOT retain the privilege to shield its agents from prosecution or liability, which is exactly what DFK!'s post address. In fact, the First Amendment guarantees the right to sue our government, which means laws limiting the right to petition for a redress of grievances are unconstitutional. And non-statutory privileges and judicial edicts that protect the government from the First Amendment are also unconstitutional. In fact, you have no argument on the substantive case because the First, Ninth, and Tenth Amendments collectively deny the Federal Government the right to determine when and were it can be sued.


I hate to break it to you, but the government does, in fact, have the power to accept responsibility for the actions of its agents in order to shield them from personal responsibility for actions taken in good faith. The first amendment guarantees a right to "petition" (your idea that this means "sue" is interpretation, but I happen to agree) against the government, not against individual people who happen to work for it.

Furthermore, the Federal Tort Claims Act is in fact, statutory, and there is no such thing as an "unconstitutional judicial edict". Cort decisions cannot be unConstitutional unless so found by a higher court. You are simply inventing your own jurisprudence. Our legal system does not work that way. You use the jurisprudence and laws as they exist, or you use none at all.

The First, Ninth, and Tenth amendments do not, in any way, remove the government's sovereign immunity and even if they did that would only apply to the Federal government. State governments would still have it. Citing the Ninth Amendment is particularly laughable, as all it does is establish that rights outside the Bill of Rights can exist, not that any particular right does exist. It certainly has nothing to do with when the government can be sued.

This is yet another example of you simply trying to proclaim things unConstitutional because you don't like them. You're pretty much automatically wrong as soon as you go down that road because you do not determine what is and isn't Constitutional. If you can't cite a law or a case supporting your view as established law, then your argument fails instantly.

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So, yes, it is relevant; and yes, the question does matter. The issue at hand is government privilege; police officers are government agents. If I wanted to limit the discussion to just the Federal Government, I tend to type that phrase in caps. It's a specific entity. Government, without qualifiers, is just government.


The question is not, in point of fact, relevant. Furthermore, there is no such thing as "just government" that can be collectively addressed in that way; you cannot make arguments relying on limits, real or imaginary, on the Federal Government from the Constitution as you did above, then make claims about government in general. This is a stolen concept fallacy; you are accepting the separation of Federalism in order to rely on Constitutional limitations, then rejecting it in order to talk about government in general.

As for the idea that immunity in this fashion is a privilege, it is not, and as pointed out, it is not a protection limited to public officials. Corporate officials cannot normally be sued individually either; the fact that the CPSC is trying to do so in this case is at the center of their overzealousness and is arguably evidence of malicious use of judicial process and bad faith.

Immunity for both corporations and government officials is there in order to prevent conflict of interest. Without it, the official's desire to protect himself, personally, comes into unresolvable conflict with his fiduciary duties to his organization. He cannot act in his organization's interest and protect his own at the same time. These laws exist for the same reason as any other law that prevent conflict of interest; they don't represent privilege; they represent obligation.

It is absolutely outlandish that you bring this up as some sort of problem of ethics or privilege and try to relate it to corruption such as acceptance of quid pro quo. Your grasp on the concept of ethics in question is just hilriously bad. You don't seem to grasp even the basics of ethics; apparently you are so fixated on the idea that government officials not getting personally sued is a problem that you can't be bothered to consider such concepts as conflict of interest or fiduciary duty.

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PostPosted: Sun Aug 18, 2013 8:31 pm 
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Seattle sponsors "Gun Free Zone" program.

http://www.king5.com/news/cities/seattl ... 28521.html

Image

Emphasis mine. I personally don't have a huge problem with a business expressing interest in this. I get a little sideways when I see the city promising to enforce these business' private rules. I wonder if they would remove someone from a bakery if the proprietor didn't want to make them a gay/lesbian wedding cake?
king5.com wrote:
Seattle Mayor Mike McGinn is partnering with Washington CeaseFire to launch a new program designed to help local businesses become “Gun Free Zones.” A Monday press conference to make the announcement is planned.

According to a press release, businesses will be able to opt into the program by visiting http://www.washingtonceasefire.org, signing the pledge to participate, and placing a “Gun Free Zone” decal in their window.
“We are here to support businesses that do not wish to have guns on their premises” McGinn said in the release. “The police department regularly enforces trespass laws when a visitor to a business violates that business’s rules. We will continue to do so, and I thank these businesses for standing up for the safety of their customers.”

Dozens of businesses, including Neumos, Oddfellows, Elliott Bay Books, Cupcake Royale and Café Racer have reportedly signed up to participate.

“We’re making a statement as a community,” Washington CeaseFire Board President Ralph Fascitelli said in the press release. “We know this won’t stop someone determined to cause violence, but we hope that standing together and giving businesses a tool to say no to guns will change the conversation around gun violence. Maybe our message will even make it to Olympia – we need better tools now to stop gun violence in our community.”

Washington CeaseFire says in King County alone, more people die every year from gun violence than from motor vehicle collisions, and between 2007 and 2011, the estimated annual cost of firearms deaths and hospitalizations in King County was $177 million.


Edit: add image


Last edited by Midgen on Sun Aug 18, 2013 9:33 pm, edited 3 times in total.

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PostPosted: Sun Aug 18, 2013 8:39 pm 
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While I don't agree with the silly "gun free zones" thing, I don't see why businesses should not set their own rules, or why the police would not remove unwelcome guests that don't leave.

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PostPosted: Mon Aug 19, 2013 2:19 am 
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I don't see this as any form of tyranny, but it is one method of achieving it.


It's nice of them to advertise their willingness to be victims.

Image

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The police should absolutely enforce the business owner's right to economic free association, just not selectively.

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PostPosted: Mon Aug 19, 2013 2:25 am 
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We've heard a lot of talk lately about mass incarceration, the stop-and-frisk policies in New York, reforming the drug laws, and mandatory minimum sentencing. There's also been discussion about over-criminalization -- that we have too many laws, too broadly enforced -- from groups as ideologically diverse as the Heritage Foundation, the ACLU, the Cato Institute, and the National Association of Criminal Defense Lawyers.

But here's a related statistic that's pretty mind blowing in and of itself: According to the FBI, in 2011 there were 3991.1 arrests for every 100,000 people living in America. That means over the course of a single year, one in 25 Americans was arrested.

The FBI also reports that the arrest rate for violent crime was just 172 per 100,000, and for property crimes, it was 531. That means that in 2011, one in 33 Americans were arrested for crimes that didn't involve violence against another person, or theft of or damage to property. More people were arrested for drug crimes than any other class of crimes -- about one in every 207 of us. One in every 258 of us was arrested for drunk driving. The FBI doesn't keep track, but presumably the remaining arrests were for crimes like prostitution, vandalism, public intoxication, disorderly conduct, and other consensual crimes and relatively minor offenses.

One major allegation levied against the NYPD's stop-and-frisk policy is that it comes with quotas encourages false arrests, with new allegations surfacing just last month. (Worse yet, tricks people into committing crimes they wouldn't have otherwise committed.) But it isn't just New York. There have been recent allegations of systematic false arrests among police departments in Florida, Utah, and Newark.

Arrests can be damaging, even if they never result in criminal charges. They generally go on your criminal record, which can be checked each time you apply for a job, housing, or credit. An arrest can also be a barrier to your ability to adopt, obtain some types of professional licenses, and obtain a visa or passport. And of course an arrest also comes with some social stigma.

Suing for damages from a false arrest is extremely difficult. It's tough to even get in front of a jury, much less actually win a favorable verdict. Even then, litigation can take years, assuming you can find an attorney to take your case. Even police who make clearly illegal arrests -- such as arresting people who attempt to record the officers in public -- are rarely held accountable. As with other areas of the criminal justice system, all of the push is in a punitive direction. There are lots of reasons and incentives for cops to make lots of arrests, and very little in the way of consequences for making too many, or for arresting someone without cause.

CLARIFICATION: A few folks have noted that the 1 in 25 figure could be misleading, given that many people are likely to have been arrested more than once. Fair enough. It's an average. The most accurate way to phrase it would be that in 2011, there were approximately four arrests for every 100 residents.


My bold.

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PostPosted: Mon Aug 19, 2013 2:37 am 
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On the Police Militarization Front:

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Since my book on police militarization came out a few weeks ago, it's been interesting to see the reaction from law enforcement officials. As you might expect, much of it has been negative, particularly on police discussion boards around the Internet. But it hasn't all been that way. At a Cato Institute forum on Capitol Hill last month, Mark Lomax of the National Tactical Officers Association said that as he read the book, he was nodding his head in agreement far more than he was shaking his head with disapproval. (Not exactly an endorsement, but I'll take it!)

In the book, I interview lots of older and retired police officers, many of them with SWAT experience. I also cite other police chiefs and sheriffs over the years who have raised concerns about militarization. The divide among police on this issue isn't political. One of the former police chiefs I interviewed -- Norm Stamper of Seattle -- is a progressive. Another -- Joseph McNamara of San Jose and Kansas City -- is a conservative at the Hoover Institution.

Instead, the divide appears to be more generational. Older and retired cops don't seem to like were policing is headed. (This is a generalization and an observation -- I haven't taken any polls.) Younger cops, who are nudging policing in a more militaristic direction, are naturally fine with it. Retired police Lt. Diane Goldstein, for example, wrote about the book and her concerns over militarization here at Huffington Post, as did retired NYPD Det. John Baeza over at Law Enforcement Against Prohibition.

And in a letter to the editor in response to a recent article I wrote on this issue for the Wall Street Journal, Jon W. McBride writes:

Police concerns about being outgunned may be a self-fulfilling prophecy and increasingly leads to local and state bureaucrats engaging in what lifetime appointed government workers do best: mission creep.
If not expressly prohibited, police managers will continually push the arms race. Their professional literature is predominately based on the acquiring and use of newer weapons and more aggressive techniques to physically overwhelm the public. In many cases, however, this is the opposite of smart policing.
Coupled with the paramilitary design of the police bureaucracy itself, the police give in to what is already a serious problem in the ranks: the belief that the increasing use of power against a citizen is always justified no matter the violation. The police don't understand that in many instances they are the cause of the escalation and bear more responsibility during an adverse outcome.
The suspects I encountered as a former police officer and federal agent in nearly all cases granted permission for me to search their property when asked, often despite unconcealed contraband. Now, instead of making a simple request of a violator, many in law enforcement seem to take a more difficult and confrontational path, fearing personal risk. In many circumstances they inflame the citizens they are engaging, thereby needlessly putting themselves in real and increased jeopardy.


An officer and leader of a SWAT team in Hamilton, Ontario also wrote a more critical letter, which you can read at the link.

In a recent interview with the Deseret News, Salt Lake City Police Chief Chris Burbank also expressed concerns about militarization.

Chief Burbank said Americans ought to know that wherever they go in the United States they can expect fair and consistent policing, “and we don’t have that now.”

“We’re not the military,” he said. “Nor should we look like an invading force coming in.”
Burbank said he emphasizes the need for his officers to be involved in the community. The city’s new Public Safety Building, which is scheduled to open next month, tries to symbolize this. It is an architecturally open building in which people may enter the first level without worrying about security.
He said police need to do more than just show up and deal with problems.
They also need to do more than scare the life out of young people or approach relatively minor problems in ways that escalate tensions and lead to the possibility of using deadly force.

In last week's Sunday Times U.K., a former LAPD officer offered similar sentiment.
Older officers are wary of such heavy-handed tactics. “Captains like to attack even the smallest problem, like a domestic dispute, with overwhelming force,” said a retired Los Angeles officer last week. “Swamping makes them feel safer but it also increases the chances of stuff going bad.”


I've also received personal email from cops. This one, for example, came from Charles J. Key, a 26-year veteran of the Baltimore Police Department. Key also wrote that agency's use of force manual.

I founded the Baltimore PD SWAT teams in 1975. I now work as a consultant in police related matters, primarily for defense and primarily in police involved shootings. Although I work primarily for defense, I call them as I see them. I was the police expert in the Plaintiffs' case in Calvo (SWAT shot two Labs) and DOJ's expert in prosecuting cops in N.O. involved in the post Katrina shootings (Danziger Bridge and the Glover shooting). I read your article concerning the militarization of police departments and the overuse of SWAT teams. I completely agree. The trend scares me to death and, in my opinion, leads to incidents such as the shootings in New Orleans. Keep up the good work.

Here's another, from a former police officer who asked me not to publish his name.

I just finished your Wall Street Journal article and him surprised I've never read any of your writings prior to now; probably because I don't read the Huffington Post but gravitate more toward National Review; I do read Reason on ongoing basis though.

I was a cop in Southern California from 1976 to 1990 . . . went from a patrol officer to Capt. and then quit to practice law.
I have watched the "whatever it takes to go home" mindset involved in modern-day policing and am frankly pretty appalled by it. The number of police officers killed in the line of duty 70s was just as high, if not higher, on a per capita basis . . . but somehow now there is this paranoid mindset. Obviously policing can be dangerous; I have had one friend shot, and three others involved in shootings, but number one on the hit parade when I was on the street and supervising street cops was not to shoot unless absolutely necessary, and to be sure that you didn't arrest somebody unless you had a good legal basis, and were pretty sure it was the right person. Don't even get me started on no knock warrants and drug enforcement.
I worked with a lot of guys who were combat veterans from the Vietnam era, and they certainly didn't have anything to prove to anybody. They were probably less likely to get involved in violent confrontations than the types of cops I see nowadays, most of whom do not have a military background, and some who are acting out, at least to some degree, video game fantasies about being a bad ***. I always thought that "Adam 12" would have been the best training video for cops to watch, rather than some of the officer survival stuff.
Don't want to sound like an old guy opining about the good old days, but I remember when most cops had revolvers and didn't discharge hundreds of bullets in a shooting situation, or light up a pickup truck with two Hispanic ladies delivering newspapers in a mindless panic. Obviously technology in firearms is much better now, but the unfortunate downside is the 16 or 18 9 mm rounds that can be cranked out of a Glock or a Beretta in just a few seconds, and the disappearance of fire discipline that was ground into us in the police Academy.
American policing really needs to return to a more traditional role of cops keeping the peace; getting out of police cars, talking to people, and not being prone to overreaction with the use of firearms, tasers, or pepper spray. Also (said the old crank) those damn polo shirts and blue jean alternate "uniforms" have got to go too. Don't get me wrong, I've been in more than my share tussles and certainly appreciate the dangers of police work, but as Joseph Wambaugh famously said, the real danger is psychological, not physical.

Prior to the book, I've received similar emails over the years from older cops. Here's a typical example, from a former officer in Riverside, California, in response to an article I wrote on the issue a few years ago:

I read and thoroughly agree with your article on SWAT . . . I was in law enforcement for thirty years . . . I was forced out of the department after being branded a traitor to the department . . . I made several speeches and op-ed letters where I called for less military hardware and a more human approach to police work at the line level . . .
I'm glad to see your article and I can attest to the accuracy of your concerns over the developing militarization of our police. When I led the transition team acquiring property from the downsizing of the former March Air Force Base in Riverside, I was contantly beseized with requests for surplus military property from helmets and M-16's to armored personnel carriers. I started out my career with a six-shot revolver, no handi-talkie and I carried a roll of dimes in my briefcase so I could call the station or dispatch. One of the first things my field training officer did to me was make me get out of the car and walk up and down both sides of a residential street and meet and talk with the residents and then walk back to him and recap the conversations. He told me I would do more talking than fighting and I would get farther with my mind than my fists. He didn't have a college degree, but he was definitely smarter than [police officials today] . . .
I am tired of beating my head with my former associates who dismiss all criticisms with phrases such as "come work a beat before you say anything". I teach sixth graders where I know I am making a difference and a change for the better. I was trained at the Los Angeles Sheriff's Academy, I retired as a sheriff's lieutenant and held a CA POST Management Certificate. I developed the project that turned 386 acres of March AFB land into the Ben Clark Public Safety Training Center. If I can ever assist you in your work on police matters, please do not hestitate to call.

Here's another:

My father was a cop for 35 years and a police chief for 20 of that. He was the president of the International Association of Chiefs of Police. I am also a former police officer. We both discussed many times the problems with police departments becoming paramilitary forces. He was chief in a military town and had many former military on his department. He fought constantly to keep them from becoming too military like.
One of the problems we both saw in the early 90's were departments leaving the formal police uniforms with leather belts and holsters in favor of the dark blue fatigues with nylon mesh belts and holsters. This put police in a more fighting posture . . .
I worked as an officer where a college kid was recently killed [in a raid]. In the early 90's police [in my area] were heading toward the more aggressive styles of uniforms and tactics.
Thanks for the article. I do not think most people realize the value of good cops and the danger of bad ones.


Here's another, from a retired officer who also asked that I not use his name:

I was a law enforcement officer for well over a decade. I've trained police officer on a local, state and even internationally. I must state that I find your stories of the upmost importance if we as a country are retain any semblance of a free society. I'm very appalled by what I'm witnessing--a rapid (not gradual) descent into a totalitarian police state. Keep doing your best to bring this issue to the forefront of our consciousness.
One interesting thing about this generational divide is that the older cops -- the ones who seem to be more wary and concerned about militarization -- served during a period when the violent crime rate was a lot higher and the job was a lot more dangerous than it is today. With some of these guys, you get the sense that they're genuinely offended by what they're seeing. They relied on wits, talk, and emphasized deescalation and accepted the risks associated with the job. They resent that this generation of cops is prone to resort to use more force more quickly, even as the job is as safe as it's been in decades.

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Keeping the Unwashed Masses of Plebes stupid feels like tyranny to me:

http://news.yahoo.com/obama-math-under- ... 05230.html

Quote:
Obama math: under new Common Core, 3 x 4 = 11

Quick: what’s 3 x 4?

If you said 11 — or, hell, if you said 7, pi, or infinity squared — that’s just fine under the Common Core, the new national curriculum that the Obama administration will impose on American public school students this fall.

In a pretty amazing YouTube video, Amanda August, a curriculum coordinator in a suburb of Chicago called Grayslake, explains that getting the right answer in math just doesn’t matter as long as kids can explain the necessarily faulty reasoning they used to get to that wrong answer.

“Even if they said, ’3 x 4 was 11,’ if they were able to explain their reasoning and explain how they came up with their answer really in, umm, words and oral explanation, and they showed it in the picture but they just got the final number wrong, we’re really more focused on the how,” August says in the video.

When someone in the audience (presumably a parent, but it’s not certain) asks if teachers will be, you know, correcting students who don’t know rudimentary arithmetic instantly, August makes another meandering, longwinded statement.

“We want our students to compute correctly but the emphasis is really moving more towards the explanation, and the how, and the why, and ‘can I really talk through the procedures that I went through to get this answer,’” August details. “And not just knowing that it’s 12, but why is it 12? How do I know that?”


Video is at link above.

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Hopwin wrote:
Keeping the Unwashed Masses of Plebes stupid feels like tyranny to me:


I'm going to grit my teeth and just assume she's not good at communication.

I would rather a child give the answer of 11, but know why it is 12, than a child give the answer of 12 and have no idea why it is 12.

This gets back to partial credit IMO. In engineering courses, if after deriving my equations, documenting my assumptions, and going through the math, I came up with a wildly wrong number, I would present this and explain why I know it's not correct. I'd typically get partial credit and my mistake identified. I'm hoping that's all this is.


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Arathain Kelvar wrote:
I'm going to grit my teeth and just assume she's not good at communication....This gets back to partial credit IMO.

Yeah, that's my guess, but it's still setting off my "fluff and nonsense" radar. It sounds a lot like the "whole language" approach to reading/writing instruction that was popular in the 80s and 90s, where correct spelling and word-use were de-emphasized in favor of promoting student engagement or ****. I had the older form of instruction in school - vocab lists, spelling tests, phonics lessons, etc. - whereas my younger brother got the whole language stuff. We were and are both decent writers and avid readers, but to this day, he has a more slapdash approach to word usage, and he can't spell to save his life.


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Vindicarre wrote:
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We've heard a lot of talk lately about mass incarceration, the stop-and-frisk policies in New York, reforming the drug laws, and mandatory minimum sentencing. There's also been discussion about over-criminalization -- that we have too many laws, too broadly enforced -- from groups as ideologically diverse as the Heritage Foundation, the ACLU, the Cato Institute, and the National Association of Criminal Defense Lawyers.

I was just thinking about this during my commute this morning. There's a sign on the ferry dock, visible only from the water, that says it's a restricted area and unauthorized entry is punishable by a fine of up to $50k and imprisonment for up to 5 years. Now, I'm sure that kind of sentence would never be imposed in practice, but the mere fact that the statute even contemplates a 5-year prison term for what essentially amounts to trespassing is fracking ridiculous. So in addition to the excessive number of criminal laws out there, the excessive punishments they allow are also a serious problem.


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That approach might be useful once the student moves beyond the basic add, subtract, multiply, divide up to 12x12 in a basic multiplication table. When teaching basic multiplication you first teach it by showing the student what 3x4 looks like: some sort of grid or something where hey can see that it's 3 sets of 4, or whatever the specific problem is.

Once they have that concept down, though, it's memorization. Up to 12x12 the kid should just know the answer. There's no reasoning involved, and shouldn't be: these problems are basic enough that the kid should just know how to do it, and also should not need to actually do the procedure every time. It just takes too long otherwise.

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RangerDave wrote:
Vindicarre wrote:
Link

Quote:
We've heard a lot of talk lately about mass incarceration, the stop-and-frisk policies in New York, reforming the drug laws, and mandatory minimum sentencing. There's also been discussion about over-criminalization -- that we have too many laws, too broadly enforced -- from groups as ideologically diverse as the Heritage Foundation, the ACLU, the Cato Institute, and the National Association of Criminal Defense Lawyers.

I was just thinking about this during my commute this morning. There's a sign on the ferry dock, visible only from the water, that says it's a restricted area and unauthorized entry is punishable by a fine of up to $50k and imprisonment for up to 5 years. Now, I'm sure that kind of sentence would never be imposed in practice, but the mere fact that the statute even contemplates a 5-year prison term for what essentially amounts to trespassing is fracking ridiculous. So in addition to the excessive number of criminal laws out there, the excessive punishments they allow are also a serious problem.


Does it have a statute number? If so, what is it?

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Diamondeye wrote:
Does it have a statute number? If so, what is it?

It did list the statute (I think it was a regulation, actually: C.F.R. something-or-other), but I don't recall what it was. It mentioned something about the Coast Guard, so I'm guessing it's a port security thing. Even so, I think the statutes and available punishments should explicitly differentiate between simple entry into restricted waters (e.g. some idiot pulls his boat up to the ferry dock to drop someone off), interference with ferry operations (e.g. the idiot gets in the ferry's way), entry coupled with reckless endangerment, entry with intent to commit terrorism, and so on. Just having a broad statute with a wide range of potential penalties that are essentially left to the discretion of the prosecutor and judge is problematic.

Anyway, I'll try to check the statute/regulation number on my way home tonight and post it then.


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RangerDave wrote:
Diamondeye wrote:
Does it have a statute number? If so, what is it?

It did list the statute (I think it was a regulation, actually: C.F.R. something-or-other), but I don't recall what it was. It mentioned something about the Coast Guard, so I'm guessing it's a port security thing. Even so, I think the statutes and available punishments should explicitly differentiate between simple entry into restricted waters (e.g. some idiot pulls his boat up to the ferry dock to drop someone off), interference with ferry operations (e.g. the idiot gets in the ferry's way), entry coupled with reckless endangerment, entry with intent to commit terrorism, and so on. Just having a broad statute with a wide range of potential penalties that are essentially left to the discretion of the prosecutor and judge is problematic.

Anyway, I'll try to check the statute/regulation number on my way home tonight and post it then.


Most likely it does exactly that, but it wouldn't all fit on the sign.

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RangerDave wrote:
Diamondeye wrote:
Does it have a statute number? If so, what is it?

It did list the statute (I think it was a regulation, actually: C.F.R. something-or-other), but I don't recall what it was. It mentioned something about the Coast Guard, so I'm guessing it's a port security thing. Even so, I think the statutes and available punishments should explicitly differentiate between simple entry into restricted waters (e.g. some idiot pulls his boat up to the ferry dock to drop someone off), interference with ferry operations (e.g. the idiot gets in the ferry's way), entry coupled with reckless endangerment, entry with intent to commit terrorism, and so on. Just having a broad statute with a wide range of potential penalties that are essentially left to the discretion of the prosecutor and judge is problematic.

Anyway, I'll try to check the statute/regulation number on my way home tonight and post it then.


It does.. That's why it's a maximum (as indicated by the context clue "up to") five years and not a mandatory. Someone who is malicious can get the whole 5 and someone who's just lost and didn't see the sign can get much less.

Also reckless endangerment and and terrorism are their own statutes that be applied to any situation in addition to the trespassing.

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Last edited by Rorinthas on Mon Aug 19, 2013 3:27 pm, edited 1 time in total.

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that said five years does seem a bit harsh for the nautical equivalent of "No parking" if that's indeed what it is.

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Fyi, I took a look at the sign this morning, but I must have read it wrong, because the section I thought it referenced was related to general tub boat operations. I'll try again tonight!


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PostPosted: Wed Aug 21, 2013 11:41 am 
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Ok, so the sign references 33 CFR 165.169(a)(5), which reads as follows:

Quote:
§ 165.169 Safety and Security Zones: New York Marine Inspection Zone and Captain of the Port Zone.
(a) Safety and security zones. The following waters within the New York Marine Inspection Zone and Captain of the Port Zone are safety and security zones:

...(5) Bridge Piers and Abutments, Overhead Power Cable Towers, Piers and Tunnel Ventilators. All waters within 25 yards of any bridge pier or abutment, overhead power cable tower, pier or tunnel ventilators south of the Troy, NY Locks. Vessels may transit through any portion of the zone that extends into the navigable channel for the sole purpose of direct and expeditious transit through the zone so long as they remain within the navigable channel, maintain the maximum safe distance from the waterfront facility and do not stop or loiter within the zone.

There's nothing in the regulation itself about the penalties for violation, so they probably come from one of the enabling statutes, but I wasn't able to definitively identify which one(s) with a quick Google. *sigh* It should not be so difficult to figure out the regulatory and statutory basis for a federal crime! Which, of course, is another aspect of the problem.


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Tub boat?


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