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

Against HIPPster Regulation

Consider this post a rant-by-proxy: I owe the basic idea for it to my therapist wife, Alison, but the issue occurred to me independently (though not with such clarity) a few years ago, after I took a professional ethics course for my counseling degree.

Psychotherapy is an odd vocation that’s hard to categorize in a straightforward way. A therapist is in some respects like a teacher, in some respects like a friend, in some like a parent, in some like a religious minister, and in some like a physician. But at the end of the day, therapy is a sui generis activity with its own internal standards and internal goods. Therapy may resemble pedagogy, friendship, parenting, spiritual counseling, and medicine in some respects, but isn’t any of those things. Nonetheless, the powers-that-be have decided nowadays that psychotherapy is a form of medicine, or if that strains credulity, that it ought to be medicalized as much as possible.    Continue reading

Felician Events: Policing, Deportation, and Immigrant Rights

Three event announcements for people in the New York/New Jersey metro area (this announcement amends and supersedes an earlier one I put up):

Policing from a Cop’s Point of View
Thursday, November 8, 2018, 1-2:15 pm
“Ray’s Place,” Main Auditorium, Education Commons Building
Felician University’s Rutherford campus
227 Montross Ave.
Rutherford, New Jersey 07070

We live in a climate of opinion that is highly critical of the police: charges of racism, brutality, procedural irregularity and the like abound. But what is the experience of working police officers? How do they experience what they deal with on the job, and what do they think about the criticisms commonly made of them?

We’ll hear answers to these and other questions from four local police officers: Louis Mignone, a former detective for the West Orange Police Department (now an adjunct in Felician’s Department of Criminal Justice); Julie Ann Zeigler, a sergeant for the Rutherford Police Department; John Russo, Chief of Police for the Rutherford Police Department; and John Link, former Chief of Police of the Clifton Police Department (and an adjunct in Felician’s Department of Criminal Justice). The event is free and open to the public.

Continue reading

What About Bob?

I teach a cross-listed course, Phil/Crim 380, called “Criminal Law: Theory and Practice,” intended as what I call a “citizen-philosopher’s” perspective on criminal law and criminal procedure. It complements Crim 220, Criminal Law, taught by Professor John Link, a former police chief. As one of my students so aptly put it, “Professor Link teaches criminal procedure from the perspective of the cop, but you teach it from the perspective of the criminal,” a statement apparently intended to suggest that she found my class the more practically relevant of the two.

One of the assignments I have my students do is “a short paper (around 3 pages) describing and analyzing an hour-long visit to a criminal court in session.” Alternatively,

Many law enforcement agencies and independent agencies put on informational events designed to engage in community outreach. In the past the Bergen County Prosecutors Office has done so, and the Independent Monitor of the Newark Police Department frequently does so. If you’d prefer, you can attend one of these events instead of visiting a criminal court session. But ask me before you attend one of these.

A student raised her hand in class today to do just that. “My dad is friends with someone at the Bergen County Prosecutors Office, so I was wondering if I could go to something there?” Sure, I said.  Continue reading

“An Enmity to One’s Being”: A Murder in Palestine

Put in mere prose, the event sounds so humdrum and everyday that the reader is apt to let it in through one ear, and let it out the other:

AFTER A TRIAL that lasted nearly four years, Ben Deri, a former member of Israel’s paramilitary border police force, was sentenced to nine months in jail on Wednesday for firing live ammunition through the chest of an unarmed Palestinian protester without having been ordered to do so.

But sometimes, seeing is believing, and sticks with you awhile:

People sometimes complain, justifiably, that video footage of a crime or atrocity distorts the event by truncation: you miss what preceded the footage, and what came after, to fixate unfairly on the slice in between. Harder to make that claim here. Continue reading

Terrorism Justified: A Response to Vicente Medina

[This is a draft of the paper I’ll be presenting this Saturday at the Author Meets Critics session I’m organizing on Vicente Medina’s Terrorism Unjustified: The Use and Misuse of Political Violence, featuring presentations by Theresa Fanelli (Felician), Graham Parsons (West Point), and myself, with a response by Vicente Medina (Seton Hall). Comments welcome. For a link to an earlier discussion of Medina’s book at PoT, go here.]

Terrorism Justified: Comment on Vicente Medina’s Terrorism Unjustified
Author Meets Critics Session
Felician University, Rutherford, New Jersey
April 21, 2018
Irfan Khawaja
Felician University

  1. Introduction

Vicente Medina’s Terrorism Unjustified offers a comprehensive, clear, and thorough critique of terrorism. There’s a sense in which I agree with and greatly admire Medina’s argument, and a sense in which I fundamentally disagree with and reject it. In this paper, I’ll focus on the disagreement, in the hopes that in doing so, the implicit agreement will come out as well.

I begin in Section 2 by making some critical observations on Medina’s definition of “terrorism.” The definition, I suggest, pushes the reader in two different directions—a categorical rejection of terrorism, and a subtly conditional one. On the latter interpretation, terrorism can be justified, but only in situations that Medina regards as extremely implausible and unlikely. In Section 3, I offer an extended thought-experiment, verging on a fable, intended to give plausibility one such situation. In other words, the case I describe is one in which it seems (to me) justifiable to target people that Medina would regard as “innocent noncombatants,” or else to inflict foreseeable harm on them without having to meet a “reasonable doubt” criterion as to their moral status. In Sections 4 and 5, I make explicit what the fable leaves implicit. Continue reading

Hang ‘Em High: Abortion, Gaza, and the Gallows

This has now become the standard conservative line on the Kevin Williamson affair, care of Bret Stephens of The New York Times. The “you” refers to Kevin Williamson.

The case against you, as best as I can tell, rests on three charges. You think abortion is murder and tweeted — appallingly in my view — that doctors and women should perhaps be hanged for it. You believe “sex is a biological reality” and that gender should not be a choice. And you once boorishly described an African-American boy in East St. Louis, Ill., “raising his palms to his clavicles, elbows akimbo, in the universal gesture of primate territorial challenge.” …

Weighed against these charges are hundreds of thousands of words of smart, stylish and often hilarious commentary, criticism and reportage. …

Shouldn’t great prose and independent judgment count for something? Not according to your critics. We live in the age of guilt by pull-quote, abetted by a combination of lazy journalism, gullible readership, missing context, and technologies that make our every ill-considered utterance instantly accessible and utterly indelible. I jumped at your abortion comment, but for heaven’s sake, it was a tweet. When you write a whole book on the need to execute the tens of millions of American women who’ve had abortions, then I’ll worry.

We also live in an age — another one — of excommunication. This is ugly because its spirit is illiberal, and odd, because its consequences are negligible. Should The Atlantic foolishly succumb to pressure to rescind your job offer, you’ll still be widely read, presumably at National Review. If you’re really the barbarian your critics claim, you’re already through the gates.

The Atlantic did eventually rescind Williamson’s job offer, so I guess the barbarian has been ejected from the gates. Question in passing: if the consequences of the current spirit of excommunication are “negligible,” why the fuss? Continue reading

Documenting a Police Detention (2): The Long and Short of It

All history was a palimpsest, scraped clean and reinscribed exactly as often as necessary. In no case would it have been possible, once the deed was done, to prove that any falsification had taken place. –George Orwell, 1984

As readers of this blog know, on November 29, 2017, I was detained and interrogated for several hours by members of the Lodi Police Department and Bergen County Prosecutors Office on suspicion of being an “active shooter.” Though I was not formally charged with a crime, my detention was arguably tantamount to a full arrest: I was involuntarily transported from the original place of detention to a nearby police station, involuntarily held there for a few hours, and involuntarily questioned, despite repeated invocations of my Fifth Amendment right to remain silent. Eventually, I was released without further incident.

A few weeks ago, I sent Open Public Records Act requests to both agencies for documentation of my detention. The Lodi Police Department responded to my request with a 21 page document. The Bergen County Prosecutors Office responded with a one page letter. Both sets of documents are instructive, both for what they say and for what they omit.  Continue reading