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

Obey Your Master: A Visit with Narcotics Anonymous

About a year ago, I attended a meeting of Narcotics Anonymous (NA) as part of an assignment for a class on addictions counseling I’d been taking in the Master’s in Counseling Program at Felician University.[1] Struck by the philosophical richness of what I’d encountered at the meeting, I thought I’d reproduce a version of my report on it here in case readers found it of any interest. In the interests of preserving the confidentiality of the group’s members, I’ve omitted any identifying features of the meeting with respect to time, place, and the identity of those present, describing the event only in the most general way. My aim here is to reflect on matters of general principle, not to dwell on the particulars of anyone’s life. 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

Cashing the Check of Justice (1)

But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity in this Nation.

So we have come to cash this check. 

–Martin Luther King, Jr. , “I Have a Dream” (1963)

I just got home from nearly three weeks abroad. Waiting for me in the mail: final judgment in my favor on my Superior Court appeal against Bedminister Municipal Court. But the case is not over. Continue reading

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

DUI, Refusal, and Procedural Rights

Here’s a question (or two, or a bunch) for the lawyers out there, particularly anyone specializing in traffic law, especially DUI in New Jersey, assuming that any of them read Policy of Truth:

I don’t drink, much less drink and drive, so I’m sitting here in a calm moment with no legal issue at stake trying to understand New Jersey law (NJSA 39:4-50.4a) on DUI testing and prosecution for refusal. It just amazes me how poorly drafted even the simplest and most ubiquitous law turns out to be. 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

The Unwarranted Demonization of Scot Peterson (3): A Series

I’ve previously written two posts on the Scot Peterson case under the title of “The Premature Demonization of Scot Peterson.” Here’s the first post, and here’s the second. Here’s background on the criminal case.

Having revisited and followed the case for the last few weeks, and having had a couple of conversations both with Peterson and with one of his colleagues, I’ve decided to turn this into an ongoing series. But there’s no need at this point for the overly cautious title I initially used. The demonization of Scot Peterson isn’t just “premature”; it’s an act of collective irresponsibility verging on hysteria. I so far have not been convinced that Peterson deserves to be called either a “failure” or a “coward,” much less a criminal. It seems more apt to describe him as the unfortunate victim of a society addicted to loose talk and unrestrained vindictiveness. As I see it, even commentators properly skeptical of the criminal charges against Peterson have bought too easily into the claim that he “failed” to stop the shooter out of “cowardice” (and have irresponsibly repeated those claims). Continue reading

The Premature Demonization of Scot Peterson Revisited

The Stoneman Douglas High School Shooting, aka the Parkland shooting, took place on February 14, 2018. At the time, I wrote four blog posts posing unanswered questions about the shooting, questions that (it seemed to me) weren’t being asked or answered by press reporting at the time. Here are the first, third, and fourth. I could well have written another four, but lost track of the issue for lack of time and initiative.

The second of those posts was on what I called the “premature demonization of Scot Peterson.” Peterson, you’ll recall, was the police officer assigned to the high school as security (the “SRO,” or School Resource Officer), and accused of “cowardice” for his “failure” to enter the building where the shooting was taking place. In my original post on the subject, I raised questions about the appropriateness of both of these judgments. It wasn’t obvious, at least from the facts reported at the time, that Peterson had “failed” at anything, nor was it clear that he was guilty of “cowardice.” Continue reading