Police Tailgating and Entrapment Revisited

Since I’ve been revisiting so many things lately, and Roderick just posted his PPE presentation from last year (which I missed), I figured I’d revisit the topic of police tailgating and entrapment that I mentioned here last year. Down below is the (alas, rejected) abstract proposal I sent to the forthcoming PPE conference.  Below the abstract, I’ve pasted a few interesting cases I’ve recently encountered of what I take to be entrapment on my account of it.

I gave an earlier version of the tailgating paper this past July at the NASSP conference in San Francisco, where it was mostly met with puzzlement. The main objection from the audience was that my account of entrapment-by-intimidation was, in some sense, too revisionary to count as entrapment. Police tailgating to induce a moving violation was, most people granted, a due process injustice of some kind–just not a case of entrapment. I was surprised to encounter a small handful of people who didn’t think that police tailgating was either entrapment or a due process injustice of any kind. But I guess weirdos like that are what conferences are for. Continue reading

The More You Suppress Him, the Larger He Get

I have in the past criticized the U.S. government’s decision to bar Tariq Ramadan’s entry into this country on ideological grounds (26 page PDF). This isn’t because I have any admiration for Ramadan, to put it mildly, but because I don’t think that decisions to allow entry into a country should be made on ideological grounds. Genuine security concerns are one thing; ideological objections are another. The distinction isn’t that hard to draw, and shouldn’t be that hard to respect. In Ramadan’s case, we neither drew nor respected it. We managed in the process to make a martyr of him and take a crap on our own principles. Continue reading

Nozick, State, and Reparations

Talk of reparations has come back into common currency in American political discourse–meaning reparations to African Americans for the wrongs done to them since the beginnings of slavery. I don’t have a fully considered view on reparations (many of the arguments both for and against strike me as one-eyed), but I’ve both been surprised (and in another sense, not surprised) to hear libertarians insist so adamantly that libertarianism rules out reparations. Anyone who thinks this owes it to himself to read or re-read Robert Nozick’s Anarchy, State, and Utopia, if not cover to cover, then through the end of Part I, as I did on a recent plane ride. Continue reading

“Terrorism” as Toxic Term: A Reply to Irfan Khawaja

I am grateful to my friend and professional colleague Irfan Khawaja for his incisive critique of my short piece, Terrorism as a Toxic Term: Why Definition Matters, and for generously allowing me to post my reply on his website. As Irfan underscores, our main difference regarding the definition of the term “terrorism” is a difference in “focus,” but perhaps there is also a difference in kind. That is, the kind of definition that one might find morally adequate for describing terrorist violence. I argue that the disposition of the perpetrators and the objective innocence of the victims should be the focus of an adequate and fair definition of terrorism.

Irfan, however, argues that one “should focus on the reasons that terrorists cite to justify their actions.” He contests “the idea that a definition of terrorism should describe it merely as a use of violence rather than an “initiatory” [my italics] use of violence and a response to one.” Irfan’s suggestion is well taken. I agree with him that there is a relevant distinction “between purely initiatory aggression on the one hand, and disproportionality or indiscriminateness in an otherwise justified response to aggression on the other.” Continue reading

A Moral Stop Sign for Andrew Pollack

There comes a point at which one has to draw a line, even with the victim of a tragic and heinous crime, and say (my words, not the judge’s):

Your daughter is dead. That’s horrible and unfair, but the time has come for you to stop trying to ruin other peoples’ lives over it. Leave them alone, and find a way to come to terms with your tragedy without harming innocent bystanders in the process. Tragedy and premature death didn’t begin with you, won’t end with you, and don’t justify your desire to wreak vengeance on people who don’t deserve it. At a certain point, even the most sympathetic victim starts to lose the world’s sympathy. You’re there.

Perhaps not a message calculated to win any popularity contests. But no less necessary for that.

The Unwarranted Demonization of Scot Peterson (4)

Readers of Policy of Truth know that I’ve been doing a series of posts on what I call “The Unwarranted Demonization of Scot Peterson.” Scot Peterson was the School Resource Office, or armed law enforcement officer, assigned to guard Marjory Stoneman Douglas High School in Parkland, Florida, scene of what’s now known as the Parkland shooting of February 2018. Peterson is often described in press accounts as having “hid” or “done nothing” for the duration of the shooting, and has widely been ridiculed as a “coward” as a result. He was arrested in early June of this year, briefly held in jail, and charged with several counts of child neglect, culpable negligence, and perjury. Here’s a link to the arrest warrant detailing the charges against him (41 page PDF). Continue reading

Let Him Not Have Thy Coat (of Arms)

It is also a federal offense, again carrying a potential penalty of up to six months in a federal prison, if you use the Swiss coat of arms in any advertising for your business. I would include a picture of that coat of arms here so you could see what I am talking about, but I cannot take the chance that I might be sent to prison.

–James Duane, You Have the Right to Remain Innocent, p. 17

Teach Your Children

I have what I regard as a good working relationship with the Rutherford Police Department, and count its chief, John Russo, as a friend. I’ve hosted members of the Department twice at my university, and have been a guest of Chief Russo’s at the Department itself. I have no objection to police visits to schools per se, but I think some balance is in order: if cops are going to visit schools, civil libertarians from the ACLU or similar organizations should be visiting the same students in the same schools. A school unwilling to host civil libertarians should not be hosting cops. Far too many do.

https://twitter.com/RutherfordPDNJ/status/1103848659538579457

Continue reading

Drivin’ and Cryin’: Bumps on the Road to Pot Legalization

I’m all in favor of the decriminalization of marijuana, indeed for the eventual legalization of recreational pot use, but the closer we come to achieving that goal, the greater the number of practical quasi-dilemmas we’ll have to face that we’d never had to consider before. These quasi-dilemmas may not be conclusive considerations against full legalization, but they can’t be minimized, either.

It’s common for advocates of legalization to compare pot with alcohol: if we accept recreational alcohol consumption, why not accept recreational consumption of pot? In many ways (it’s plausibly argued), alcohol is worse than pot. If we overlook the problems with alcohol and allow recreational alcohol consumption anyway, it seems inconsistent to fixate on the similar problems with pot in order to ban the recreational use of pot. Continue reading

How to Face Down the Secret Service

More or less like this:

https://nypost.com/video/woman-who-posted-about-trump-slams-door-on-secret-service-agent/

And not just the Secret Service, but any law enforcement agency that treats you as these officers treat her.

On the whole, I’d say she gets things just right. Some minor criticisms:

I would not have bothered to ask the agent about any charges the Secret Service might be contemplating; unless they’re formally making a charge, they won’t truthfully tell you what charges they have in mind. In any case, they have the legal authority to lie and bluff about whatever charges they’re contemplating, so there’s no reason to believe anything they tell you before they arrest you. If they have a formal charge to make, they’ll make it if and when they arrest you (or even more precisely, if and when you’re arraigned); otherwise, asking about prospective charges is a waste of time, and a good way of getting needlessly drawn into an unintentionally incriminating conversation with them, which is what they’re here for, and the last thing you want to do. Continue reading