cathedral round up #2

In the WTF file: Ex-Harvard Student Brittany Smith Sentenced to Three Years in Prison

“On May 18, 2009, just two weeks before Smith’s graduation from Harvard, her boyfriend Copney and two accomplices shot and killed Cosby in the basement of Kirkland’s J entryway.

“An aspiring songwriter from New York City who frequently visited Smith and stayed in her room, Copney was convicted of felony murder of the first degree at the conclusion of his trial in April. He was sentenced to life in prison without the possibility of parole. …

“A senior in Lowell House at the time, Smith watched Jiggetts load the gun in her room before the men brought Cosby to Kirkland House to arrange the drug rip. Smith gave Copney and his accomplices her Harvard ID to gain access to the Kirkland basement, where Cosby was shot. Cosby later died from a bullet wound to his abdomen.

“Upon Copney’s return from Cosby’s shooting, Smith hid the gun in her blockmate’s room in a bag under her bed. She then called a taxi to help with the men’s getaway to South Station, where the four boarded a bus to New York. Smith returned to Harvard the next day.”

According to HuffPo,

“Prosecutors said Cosby, 21, was shot during an attempted robbery by Smith’s former boyfriend, Jabrai Jordan Copney, and two other New York City men.”

Harvard, is this the kind of student you’ve sunk to admitting?

In a related matter, Education Department Dismisses Admissions Complaint:

“The U.S. Department of Education has dismissed a complaint filed against Harvard this spring by 64 Asian-American groups accusing the University of discriminating based on race in its admissions practices.

“The complaint, filed in May, accused the University of unfairly denying admission to highly qualified Asian-American students while admitting similar applicants of other races.”

Everyone knows they do it, but they still get away with denying it. (A similar lawsuit is ongoing, though.)

Also, via iSteve: MIT shits on one of its minority groups, white men:

“The MIT Physics Department is committed to increasing the diversity of its faculty and student populations to improve our excellence and to better serve the society that supports our work.”

“Like in many physics departments, white males are over-represented in our student and faculty populations.  There are several reasons to pursue change, seeking to increase the number of women and under-represented minorities in our community:”

Make that two minority groups: “Under-represented minorities” is code for “Piano-playing Asians need not apply. We have enough of you already.”

The whole thing is a painful ball of nonsense and lies. Putting more of group X, Y, or Z into the MIT physics department has zero effect on whether or not the department serves the society that supports its work. For that matter, who the hell do you think supports the MIT physics department? Asian men, white men, and Jewish men. THOSE ARE THE PEOPLE THAT SUPPORT YOU. Don’t shit on them.

When I need some physics, maybe a quark proven to exist or a new state of matter created, do I care the race or gender of the physicist? No! I just want them to prove that quarks exist and create new states of matter.

MIT, stop hurting my soul.

Meanwhile, Yale Law’s professors have been focusing on police:

Law professor Tracey Meares is interviewed about Sandra Bland in Sandra Bland Video Shows An Argument With Police Officer:

“TRACEY MEARES: It’s a pretty good example of a police officer. He’s angry because she said no.

“KASTE: Tracey Meares is a professor at Yale Law. She was also on President Obama’s police reform task force. She’s actually surprised by how well this traffic stop went at first. But the cigarette was the turning point. Meares says it looked like a case of contempt of cop. That’s when a police officer tries to reassert authority in the face of disrespect. And she says it’s not justified.

“MEARES: Given that he is a police officer with the power to take her life that it’s incumbent on him to make the first move and maybe tolerate a little bit more disrespect.”

and in State Child Advocate; Policing in the 21st Century:

“Also, we’ll sit down with a Yale Law professor who is on President Obama’s task force examining policing, as America grapples with a series of deaths of African Americans after confrontations with police.”

(The rest of the interview is audio, so you’ll have to listen to it yourself.)

Professor Wishnie is quoted in, “Lynch visits Connecticut in stop on community policing tour“:

“Despite the improvements, East Haven police still have work to do, including fulfilling the remaining requirements in the consent decree, said Michael Wishnie, a Yale Law School professor who represented the plaintiffs in the civil rights lawsuit.

“The kinds of structural racism and practices that have long existed in East Haven take a long time to change,” Wishnie said. “I think it’s far too soon to claim victory.”

San Francisco slaying case likely would have played out differently in Connecticut:

“In Connecticut, California slaying suspect Juan Francisco Lopez-Sanchez would have been held for pickup by Immigration and Custom Enforcement officials only if he had a violent felony in his background or there was a court order in the case. …

In February 2013, as part of a settlement with a legal clinic at the Yale Law School, the Connecticut Department of Correction said it would review each request on a case-by-case basis.

It agreed to hand over the person if they already were the subject of a removal order; they were gang members or part of an anti-terrorism database; of if they had been convicted of a felony. This was codified into statute as part of the Connecticut Trust Act. …

“Under the revised policy, the Connecticut Department of Correction will no longer enforce ICE detainer requests and Administrative warrants solely on the basis of a final order of deportation or removal, unless accompanied by a judicial warrant, or past criminal conviction unless it’s for a violent felony,” Commissioner Scott Semple wrote in a memo to ICE.

Maybe I’m just too tired, but I can’t figure out what this article is trying to say about the difference between Conn and CA law.

Could One Soldier Derail ISIS War?

“President Barack Obama’s war against the Islamic State group in Syria and Iraq currently is illegal, many scholars say, and as the one-year mark for U.S. intervention approaches one constitutional law expert has an idea for how to prove it in court.

“Yale University law professor Bruce Ackerman, like other critics of the war’s current legal grounding, says Obama is violating the War Powers Resolution by committing the U.S. military to hostilities without specific authorization from Congress.

“It’s historically been tough to establish standing to make such claims in court. But Ackerman has a plan.  …”

What was that about chicken butts?

Robotics and the Law: When software can harm you sounds like an interesting article, but I can’t read it because UW Today’s website is shitty. However, I did make it through to How Makerspaces Can Be Accessible to People with Disabilities:

“The effort is part of a broader National Science Foundation-funded AccessEngineering initiative, which supports students with disabilities in pursuing engineering careers and promotes accessible and universal design in engineering departments and courses.

“A lot of universities are creating these more casual prototyping spaces where students can have more of a DIY experience, as an alternative to a traditional machine shop,” said AccessEngineering co-principal investigator Kat Steele, a UW assistant professor of mechanical engineering whose Human Ability & Engineering Lab focuses on developing tools for people with cerebral palsy, stroke and other movement disorders.

“Because this is a big growth area for engineering schools, we wanted to help with some best practices and guidelines so that as these new spaces are being created they can be accessible to the widest group possible.”

Cerebral Palsy is caused by brain damage, and somewhere around 30-50% of sufferers are also intellectually disabled. While I know personally a very capable engineer who must use a wheelchair, severely disabled people, on the whole, tend to have things wrong with them that also impact their brains. Making cerebral palsy accessible labs will catch only a very small number of geniuses who happen to have cerebral palsy; by contrast, just spending the same money to hire people who have already graduated with STEM degrees and can’t find jobs would do far more to create more science in the world. Instead of actually hiring scientists to do research, universities want to throw buckets of money at specific identity groups just to look good.

Just in case you thought Harvard’s business was educating students: Harvard’s Controversial Romanian Forest Sold to Ikea Group:

“The move distances Harvard from a corruption case involving one of the contractors who helped oversee the land, and comes shortly after a change in leadership at Harvard Management Company, which invests the University’s $35.9 billion endowment. …

“HMC began purchasing timberland in 1997. It invested heavily in timber under the guidance of then-President and CEO Jane L. Mendillo, who resigned in 2014 after a tumultuous six-year stint as the head manager of Harvard’s endowment. Her replacement, Stephen Blyth, comes from a background in public markets and faces high expectations to bring Harvard back to its pre-recession dominance in investment returns.”

After Federal Feedback, Law School Implements New Title IX Standards:

“Unlike the procedures for students at other parts of the University, Law School students involved in cases of alleged sexual harassment will now be guaranteed access to an attorney, paid for by the Law School, during the different stages of a case. After professional investigators examine a case, a separate adjudicatory panel, whose members are not affiliated with Harvard, will determine guilt, potentially after a hearing. A school-specific Title IX committee, staffed by tenured professors, will oversee the process for investigating and adjudicating cases of alleged sexual misconduct between Law School students. …

“The apparent implementation of the school’s procedures marks the close of a lobbying process that Law School professors, unhappy with Harvard’s new approach to Title IX, began last year. Harvard’s new policy and procedures, unveiled last July, altered its new definition of sexual harassment and centralized its process for handling cases, a fact administrators lauded as a positive step forward. It also adopted the preponderance of the evidence standard for determining guilt.

“But quickly afterward, both in closed-door meetings with top University officials and in an open letter published in The Boston Globe, several Law School professors pushed back. They charged that the University’s framework was biased against the accused and did not offer adequate due process. …

“The discord between the Law School and central administrators has also made some Law professors increasingly wary of centralized administrative rule at Harvard.”

This is perhaps an excessive level of formality given A. the number of people who get raped at HLS every year, and B. the fact that rape is already illegal under completely normal criminal laws, so I don’t see any reason why universities should set themselves up as parallel court systems in the first place instead, but at least HLS appears to be holding back from the full madness.

And over at the Harvard Crimson, we get some student opinions:

A Police Officer’s Bullet, The People’s Ballot

“Today, Ferguson, Missouri will be holding its first city council elections since Michael Brown was shot and killed last August. The city of Ferguson has been around for 121 years; during those first 120 years, only three black candidates ran for city council. This year, there are four black candidates for the Ferguson city council. This is no coincidence. Many of those in Ferguson realize that to prevent the next police officer’s bullet from killing another unarmed, black teenager, they need the ballot.

Yet, fresh off the heels of the 2014 midterm elections, which saw the lowest voter turnout since World War II, I am still worried. I am worried that our generation is losing sight of what it means to even have the right to vote. I am worried that not enough young people, people of color, and people who care about social justice are participating in the political process.”

Written before Trump came on the scene: A Threat to Moderation: Cruz’s candidacy will only drive Republican candidates further right

“It is difficult to believe that the Republican Party will win a presidential election in the near future when Tea Party candidates like Ted Cruz—whose announcement speech included numerous religious references and alluded to repealing the Affordable Care Act and eliminating the Internal Revenue Service—run in the primaries and pull the eventual nominee into supporting more ideologically extreme platforms.”

Yup, Ted Cruz sure did turn out to be the right-wing ideologue for liberals to fear.

The Police

The flipside of criminals is, obviously, the police. No consideration of criminality can be complete without some consideration of the folks making the technical determination.

That involves more people than just the police, of course.

Much of the time, the police do a decent job. But the Legal/Justice System is out of whack. Has been for as long as I’ve been paying attention.

Some major issues:
1. Major corporations use lawsuits to destroy their competition. Maybe good for them; definitely bad for humanity.
2. Corporations and the wealthy pass laws that benefit themselves at the expense of everyone else.
3. The wealthy have way more ability to use the system to their advantage.
4. Politicians pass a lot of laws just to sound good, with terrible effects.

5. Prosecutors pursue convictions even when they know they probably have the wrong guy; judges are complicit. (This is a biggie.)
6. Plea bargaining.
7. Prisons are shitty.

It is fairly easy to imagine the police (and related folks,) after dealing day in and day out with criminals, begin to think less in terms of specific crimes, and more in terms of making sure that dangerous “criminal types” stay behind bars for a good, long time. So what if the guy didn’t commit this particular crime? He looks like a criminal; he probably did something.

Statistically speaking, they’d probably be correct. Take recidivism rates; knowing that 84% of carjackers will commit another crime, how eager would you be to let a carjacker out of prison? Would you try to find some reason to keep them in?

But what about the 16% who never commit another crime again in their lives? (Or at least, don’t get caught). It is unfair to imprison them for the rest of their days for the sins of others, after all. Next we’ll be imprisoning people for pre-crime.

The Justice System involves a lot of people who have to deal with a lot of very dangerous people in stressful situations; mistakes will be made. To be clear: this is a hard job, and one mistake can have quite disastrous consequences. In a nation of >300 million people, you will hear horrible stories of things gone horribly wrong no matter how great things are overall. Thus the importance of determining whether we are just hearing about tragic but basically random accidents, or regular, systematic abuses that we can actually do something about.

Unfortunately, I suspect we tend to focus on the former, rather than the latter–probably because the latter involves reading things like DOJ statistics, which appeals to most people like moldy pie.

In a good world, people can trust the police. Our justice system, unfortunately, does not inspire trust. This really needs to be changed, or else I just don’t see how the country can function.

Sorry, Les Mis: Criminals gonna Criminal

“3 in 4 former prisoners in 30 states arrested within 5 years of release” (from the Bureau of Justice Statistics press release, April 22, 2014.)Inspired by my recent musings, I thought I would refresh my memory on recidivism stats–I have a vague memory that murderers tend not to recidivate, (murderers tend to stay in prison for a very long time) and that car jackers do, but it’s a bad idea to make claims based on vague memories of old data.

So here’s what the press release has to say:

“An estimated two-thirds (68 percent) of 405,000 prisoners released in 30 states in 2005 were arrested for a new crime within three years of release from prison, and three-quarters (77 percent) were arrested within five years…

More than a third (37 percent) of prisoners who were arrested within five years of release were arrested within the first six months after release, with more than half (57 percent) arrested by the end of the first year.”

We could probably save some time and effort if we could effectively identify those third before releasing them. HOWEVER, I don’t know what percent of these people are being re-arrested on parole violations that the rest of us might not really consider “crimes”, like missing a meeting with one’s parole officer or forgetting to register one’s address.

“Recidivism rates varied with the attributes of the inmate. Prisoners released after serving time for a property offense were the most likely to recidivate. Within five years of release, 82 percent of property offenders were arrested for a new crime, compared to 77 percent of drug offenders, 74 percent of public order offenders and 71 percent of violent offenders.”

I’m guessing violent offenders spent longer in prison, and thus were older when released.

“Recidivism was highest among males, blacks and young adults. By the end of the fifth year after release, more than three-quarters (78 percent) of males and two-thirds (68 percent) of females were arrested, a 10 percentage point difference that remained relatively stable during the entire 5-year follow-up period.

Five years after release from prison, black offenders had the highest recidivism rate (81 percent), compared to Hispanic (75 percent) and white (73 percent) offenders.”

So, while while the chances of being a criminal vary widely between groups, criminals from all the groups recidivate at fairly similar rates. This suggests that we are probably actually arresting the subset of people who are criminals most of the time.

“Within five years of release, 61 percent of released inmates with four or fewer arrests in their prior criminal history were arrested, compared to 86 percent of those who had 10 or more prior arrests.”

Maybe guys with 10 prior arrests shouldn’t be released until they’re well over 40?

Some finer grain on recidivism by specific crime, after five years (note: this does not tell us the new offense,) from the PDF:

Violent: 71.3%
Homicide: 51.2
Murder: 47.9
Nonnegligent manslaughter: 55.7
Negligent manslaughter: 53.0
Rape/sexual assault: 60.1
Robbery: 77.0
Assault: 77.1
Other: 70.4
Property: 82.1%
Burglary: 81.8
Carjacking: 84.1
Fraud/forgery: 77.0
Drug: 76.9%
Possession: 78.3
Trafficking: 75.4
Public order: 73.6%
Weapons: 79.5
Driving under the influence: 59.9

Looks like my vague memories were correct. Murderers are the least likely to recidivate, probably due to the personal nature of many murders (you’ve got to really hate that guy,) and murderers being older when released, but they are still folks who aren’t great at solving inter-personal problems or running their lives. Rapist probably figure out non-illegal ways to have sex, or else get old enough to be less interested in it. Drunks probably learn to call a cab when drunk.

Relatively speaking, of course. A 50 or 60% recidivism rate still isn’t something that inspires great confidence. To be clear, again, this is not data on how many released murderers commit another murder or how many released rapists commit another rape–this is arrest for any crime. A further breakdown of re-arrest by new crime vs. old crime would be interesting.Carjacking, by contrast, looks like the Xtreme sports of crime–people attracted to this form of violent thrill-seeking seem unlikely to change their spots or find more legal alternatives.

On a related note, The role of parenting in the prediction of criminal involvement: findings from a nationally representative sample of youth and a sample of adopted youth.

From the abstract: The role of parenting in the development of criminal behavior has been the source of a vast amount of research, with the majority of studies detecting statistically significant associations between dimensions of parenting and measures of criminal involvement. An emerging group of scholars, however, has drawn attention to the methodological limitations-mainly genetic confounding-of the parental socialization literature. The current study addressed this limitation by analyzing a sample of adoptees to assess the association between 8 parenting measures and 4 criminal justice outcome measures. The results revealed very little evidence of parental socialization effects on criminal behavior before controlling for genetic confounding and no evidence of parental socialization effects on criminal involvement after controlling for genetic confounding.

In other words, looks like my basic thesis is holding up. Overall, I suspect it is far easier to fuck up a kid so they don’t meet their full potential (say, by abusing/neglecting) than to get rid of the effects of negative traits. It’s probably best to try to work with people’s inclinations by finding them life-paths that work for them, rather than trying to mold them into something they aren’t.

Rioting is the correct response to the wrong question

I understand rioting. I understand being really fucking mad about something. Anger is a natural and valuable response to certain conditions. If a lion is trying to eat your kid, for example, a sudden burst of anger that drives you to kill that lion or die trying is totally reasonable. In the modern world, we have a lot fewer lions, but there are still plenty of threats.

So if you really believe that your people, your community, your extended family, people who look like you, etc., are under literal, homicidal attack, then the most sensible thing to do is get mad as fuck about it. The sensible thing is to get so damn mad that no one will risk killing any of your people ever again, because if they do, you’ll burn their city the fuck down.

So rioting is perfectly sensible.

The only question is, do the police actually target any particular groups of people?

Well, no. They don’t. We’ve got some pretty good data on the subject (victimization surveys, etc.,) and the police really don’t seem to disproportionately kill black guys. Police have a very high encounter rate with blacks, yes, but this is largely due to blacks committing a lot of crime. (Again, victimization surveys indicate this.)

I read a story the other day about a white man who died after a police officer shot him in the stomach for not showing his ID while dropping a cat off at an animal shelter. I don’t see any riots for this guy, even though his death is just as awful as every other police brutality death.

I really do hope for less police brutality. But the narrative is a lie.