Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Saturday, November 14, 2020

The Real Problem with Warrior Culture: a Cult of the Self

 In certain parts of the commentariat, it is now common to criticize the large presence of recently-returned veterans in the police force, which stands at 1-in-5. Supposedly, they bring home the rules of war: to occupy and to conquer. I do not see veterans in the police force as a problem in itself, since citizen-soldiers have routinely joined the blue line for generations. Where I see room for concern is in how the professional soldier-turned-policeman divorces themselves from life in the civilian world.


During the Cold War, military service- as a servicemember or family member- was a shared experience in every tier of society. The average enlistment was 2-3 years. A soldier would return to his community ties, and find employment with honor established through performing his national duty.  

Today, because of advanced military training requirements, a single enlistment lasts 4-6 years. The world moves faster, the average citizen more mobile, and social media divides geographic communities into tribes. The soldier, especially the combat vet who served multiple enlistments, becomes part of the Warrior Community, mentally separate from the civilian world. This identity applies whether on active duty, on disability pension, in the national security sector or local police. This virtual community has its memes, jokes, common understanding, and values. In contrast to warrior classes of past societies, the American warrior is somewhat detached from the real-politics of institutional power, a holdover from the age of the citizen-soldier.

There are veterans who eagerly reintegrate into civilian society. This has been a national priority since the demobilization after WWII. As a result of GI Bills in 1944 and 2005, the veteran today brings resources to the economy that few younger adults have. Their college education is paid in full, and they have access to good mortgages and business loans. Meanwhile, America's general workforce readiness is in decline: fewer citizens are ready, willing and able to perform in the workplace. Veterans today are hired for the right reasons: proven reliability, hardworking, fit, and with transferable skills. 

The Warrior Community is then one  for a sense of belonging. In previous conflicts, a two-week ocean voyage demarcated the return from the warzone to the homefront. Dislocation was first observed in Vietnam veterans, the first to return home alone on airplanes. Today, the distance is even shorter, as a veteran at home can Skype his friend on the frontlines; and he himself could be recalled to the war zone on 48-hour notice, as a contractor, expeditionary civilian, or reservist. While these post-deployment opportunities are often financially rewarding, the mostly invisible war comes home to the kitchen table. 

Beyond this reality is self-identification. I have curated small libraries onboard warships. Beside the yellowing dime novels were leadership titles with troubling themes.  
-There is the identity of the sheep-dog, protecting sheep (regular people) from wolves (terrorists abroad, street thugs at home). 
-Belonging to a "tribe" is characterized as a binary, all-or-nothing subscription: an 80% ally is nonetheless a traitor to the cause. 
-You are either a superstar or a mediocre failure. 
-One must have a brand of the self. 
- Glorification of lone Special Operations Forces
-"Agile Project Management", with a focus on small, high-performing teams, is taught in STEM colleges. 

Even the Army put out a short-lived campaign advertising "An Army of One", forgetting that only large-scale teamwork liberated Europe and Asia from tyranny. 

In reality, each person works within a larger system of society, and within which is an amalgamation of overlapping communities, tensions and motivators. The Warrior Community operates in a vacuumed ideal. Military housing today reflects the perfect but fictional Mayberry of yesteryear; and beliefs in spartan autonomy can only be practiced in unspoiled wilderness areas. The culture of the warrior must evolve away from the cult of the individual, but reflect the individual as part of the team as part of the whole.

How does this work into present day policing controversies? Many of the shocking misuses of authority, against suspects and innocents, were caused by individuals insulated from wider community interests. Neither were they team players within the police force, who would heed peer advice. As much as it is important for police departments to use community-based policing to integrate with the communities they serve; it is important for individual officers to truly join the community, whether they gained life experience in Baghdad or in Boston.   
     

Friday, June 12, 2020

Medgar Evers' 30-Year Trial


If a defendant is wrongfully acquitted, he is still a free man. This is a pillar of the American judicial system, even when it opposes other ideals like equality and justice. Such values were tested during the trial of Byron De La Beckwith, who murdered civil rights activist Medgar Evers on June 12th, 1963.

Beckwith was brought to justice shortly after the killing. Due to the continued presence of Jim Crow racism, this case was designed to fail. In 1964, during the first trial against Beckwith, the local prosecutor pursued the death penalty, instead of a more probable term sentence. In the Deep South, it was not until the 1990s that white men were executed for killing black men. Predictably, the first trial deadlocked into a mistrial, and so did the second. 26 years elapsed between a second mistrial in 1964, and a third trial in 1990, in which Beckwith, then 73, was sentenced to life in prison. Was this a victor’s justice?

Contemporary writing suggested that Beckwith would walk as a free man on appeal. Beckwith believed that his right to a speedy trial had been violated, twice; and that he was facing double jeopardy.

Beckwith held that the 26 years between the second mistrial and arrest for a third trial was excessive; and that the 1,100 days between the 1990 arrest and his final trial was likewise excessive.
The State had to find that a Nolo Prosequi (Decline to Prosecute) issued in 1969 was not an acquittal; nor was it permanently binding, provided that in the State of Mississippi there is no statute of limitations for murder.

To the credit of the Mississippi Supreme Court in the appeal process, they were able to disregard the fact that Beckwith still held white supremacist views, and ignore the weight of social and political implications during the third trial and appeal in the early 1990’s.

By this time, the South had entered the “tough on crime” era. Racial favoritism gave way to a firm but outwardly fair hand. Any leeway given to Beckwith could be used by a future defendant brought to justice in a “cold case”. Beckwith, in poor health, spent the last seven years of his life in prison. His futile appeal, Beckwith vs. State of Mississippi, is often cited today in Fifth and Sixth amendment cases.

In 2009, a naval supply ship, USNS Medgar Evers (T-AKE 13), was named by then-Secretary of the Navy Ray Mabus. A social progressive, he was sitting governor of Mississippi at the beginning of Beckwith’s third trial.

Monday, February 10, 2020

Hot Dogs and Handguns



Hot Dogs are sold in packs of six, and buns in packs of eight. I’m neither a hot dog nor a gun enthusiast, but I know the math doesn’t add up on a proposed 12-round limit for firearm magazines in Virginia. 12 rounds is an important number in a military-heavy jurisdiction, as it is the number of bullets needed to complete the Navy Pistol Marksmanship Test. Some legislator had their heart in the right place, but failed to ask an expert: the military’s preferred handguns use a magazine of 15 rounds, which would become illegal under proposed laws. This is the default magazine of Beretta’s M9, and the smallest NATO stock number, off-the-shelf magazine to complete the Marksmanship Test.  

The average sailor, who carries a firearm on duty, qualifies with live ammunition once per year on the Navy’s budget. Firearm instructors, however, recommend monthly practice to maintain marksmanship skills. Sailors fill this gap by going to the range after-hours with their personal handgun; this is an ingrained part of Virginia culture.

Then what about true high-capacity magazines? That question is answered. Virginia has long banned firearm magazines over 20 rounds: It applies in Virginia’s major cities and populous suburbs, when in public; and has been law since 1991*. This law is not worded in heavy-handed language used in the Northeastern states, but it nevertheless gives law enforcement the authority to stop a violent crime before it happens. If this ill-advised 12-round limit becomes law, lawful gun owners would be required to purchase slightly smaller magazines that won’t suit a legitimate and government-sanctioned sporting purpose. We will know that the legislature has placed virtue signaling over practicality and military readiness. 

* See: § 18.2-287.4. Carrying loaded firearms in public areas prohibited; penalty.

Saturday, January 4, 2020

Go Ahead, Virginia, Ratify the ERA


Virginia is on track to be the 38th state to ratify the Equal Rights Amendment (ERA) to the US Constitution, which would constitutionally guarantee equality of rights on account of sex.  Virginia’s approval would meet the requirement for ¾ of states to ratify before a Constitutional Amendment is added. Once this step is complete, there will be issues to resolve.

First, Congressional authorization on the proposed Amendment expired in 1979. It will have to be renewed by a super-majority of Congress.

Second, several conservative states rescinded ratification of the Equal Rights Amendment. It is unclear if a ratification can be rescinded.    

Two of the most common criticism of the ERA, first elucidated by Phyllis Schlafly, are that it will constitutionally guarantee a right to abortion, and same-sex marriage. In family law, there is a fear that ERA will allow lousy, incompetent men easier access to child custody. In Maryland and Hawaii, gender equality laws were used in the courts to procure recognition of same-sex unions. However, these proved to be exceptional cases. Many states, in fact, have Equal Rights Amendments in their State Constitutions; and a number of these have not legalized same-sex marriage or late-term abortion at the state level. Sympathetic moderate and conservative groups should emphasize this unspoken point.

So far, the US Constitution has not been amended during my lifetime. The 27th Amendment, concerning Congressional pay, was ratified in May 1992.  

Saturday, March 3, 2018

A Right-Wing Civil Rights Act

How do you compel a retailer to sell guns to 18-year olds while allowing a baker to sell wedding cakes to straight couples only? I read on forums from many commenters. including a few members of the intellectual class. The right-wing answer is as follows: "Gays, rental cars and hotels are not mentioned in the Constitution. But guns are specifically mentioned in the Bill of Rights".

In all practical matters, the decision of Dick's Sporting Goods to restrict gun sales to 21+ is a boon to local sportsman stores. (Walmart has come to the same conclusion, but read below for my verdict). These local stores presumably have regular contact with county law enforcement and support public safety while serving customers. This face-to-face contact is something large corporations cannot achieve, with directives from coming from headquarters from a state far away.  .

One might mention that hotels and car renters restrict to 21+. Often, a hotel will waive age stipulations if a company, especially the US Military, will foot the bill. Understandably,  a hotel is at stake if young Spring Break revelers trash the room. For car renters, an age of 21 can serve as a proxy for "five years of licensed driving experience". Indeed, inexperienced drivers are more likely to accumulate a claims bill! Requiring auto rentals at 18 would create an undue burden on car rental companies.  I went to college in New York and benefitted from the state's requirement of renting cars to 18 year-olds. (I'm a good driver, as everyone thinks they are). Now turn to guns: Due to the legal precedent in this nation, gun sellers do not face liability if their customers raise Cain with the products they sell.

I believe that discriminating against customers is sheer stupidity. I feel that African-American economic empowerment in WWII was a significant factor in securing equal rights under law.  Integration of the military was very important as it gave African-Americans buying power that they didn't have before. There was the "Don't buy where you can't work" movement in the 1940's, referred to in August Wilson's Fences. After WWII, Woolworth's and other interstate chains no longer had incentive to racially discriminate asides from local regressive laws. Indeed, I read that southern Woolworth's were encouraged to 'discriminate politely' so as to not offend the northern African-American market. BS.

In Virginia where I have bought a condo, since the same year interracial marriages were allowed, alcohol licenses have been issued to  restaurants, while taverns have been outlawed for 100 years. Notably, restaurants and hotels  are subject to more stringent anti-discrimination laws than other forms of privately-owned venues. Concealed-carry weapon owners have been able to carry in "bars", and the ability to create a 21+ environment is limited. Most often, age restrictions in alcohol-serving establishments will not apply until 9 or 10pm due to the fact that an establishment must function as a restaurant to qualify for a license. This is in a "commonwealth" which does not treat homosexuals as a protected class.

I suspect that Walmart's board of directors anticipates a letter from an "Attorney General of xx southern/western state". With that, they will "suspend efforts" to restrict gun purchases to 21+ in compliance with the law. As a further aside, posters on gun forums have commented that they didn't even know that Dick's sold guns. If so, they were overpriced. They should focus on selling "concussion causing" footballs to gym teachers.

Sunday, March 30, 2014

Coin In, Coin Out

In the past year, a local convenience store in town installed two quarter-pusher machines. The lure of trading one quarter for a handful is always an attraction; but the real draw is the possibility of pushing over a $20 bill-- or a phone card. I first tried this machine with the intent of winning a $20 bill. I didn’t get it, so I stayed away from the electronic bandit, until I came back yesterday with a strategy- win in the short term, then get out. While waiting for the train, I tried it, getting ahead by $1.25 before setting for a $.50 win. In the evening, I sought to repeat my success. No luck (or “outlet for skill”) on either of the two machines: I was $3.00 in the hole. So I decided that the machines were rigged for the house, and I would stay away from those quarter-pushers- unless I was the “house”. But what states allow these quarter-pushers, anyway? On many issues, from raw milk, to first-cousin marriage, to lane-splitting by cyclists, you can find an illustrated map demonstrating state laws. No such map exists for the legality of quarter-pushers (coin-in, coin out). I quickly discovered the reason: the legality of such machines is regulated by states, counties, and down to the town level. At one time, they were prevalent in the resort towns on the Mid-Atlantic shore (Maryland, Delaware, New Jersey and Coney Island, New York). Laws and enforcement have changes. So have the profit motives: States with casinos were most likely to ban common businesses from operating the machines. As a result, some of the more ‘puritan’ states view it more favorably than the pro-gambling states. In more than one case, I read that, even if you have a vending permit for the machine, you could still be running afoul of state law. What did I discover when trying to make a map of my own? The easiest way to determine legality was by reading news articles regarding confiscations of quarter pushers. News articles were most prevalent in Arizona, California, and West Virginia. In many cases, I discovered that the machines flew under the radar, until the local sheriff’s office received a handful of complaints. Because of the localized nature of these laws, the makers and dealers of these machines do not post information (lest they become liable for a customer’s machine being confiscated); instead, asking customers to do their own research. State/ Legality Kansas- Not legal anymore California- No Florida- Iffy; some local sheriffs consider it a game of chance, not skill. Alabama- Not clear-See Code Section 13A-12-76, Bonafide Coin-Operated Amusement Machines. Ohio- Not clear- See Section 2915.01, Gambling Definitions. Wisconsin- Has tolerated establishments operating up to 5 of these machines. Arizona- No Oregon- No Texas- No, but tolerated by some county Sheriffs. Indiana- No South Dakota- No Tennessee- No Missouri- Contradictory laws Minnesota- No West Virginia- Not anymore North Carolina- No Georgia- See Title 48, Section 48-17-1 Virginia- 1992 decision by State ABC allows machines in bars, equipped with both a skill stop and shooter. Did not find a more up-to-date decision. New York- Not allowed in New York City; operating 1-2 machines does not constitute intent of “advancing unlawful gambling) Penal Code, 228.35 So if our local convenience store happens to be running afoul of Nassau County law, at least they won’t be charged with running a gambling ring. In most cases of enforcement, the penalty is simply confiscation of the machines. And, reading online forums, some owners of the machines are willing to play this cat-and-mouse game. Why? The machines are so darn profitable.

Friday, October 1, 2010

Months Change and Laws Change

Yesterday, a tropical storm made a lake of the soccer field.
Today, a crisp autumn day replaced the summer heat. These pleasant days should become more frequent in the closing days of "the year of the weather".

But more importantly, a new law may change some bad habits. Repeatedly on this blog I declare texting while driving a really bad idea. While I'm not a fan of legislation, there's a change I'd like to inform everyone about and it may actually apply to you.

Marylanders seem to have an affection for talking( and texting) while driving. A law went into effect today banning use of handheld cellular communications devices by all classes of drivers, except for emergency calls. Car phone use seems to be the cause of most bad driving in the DC area. Don't expect Maryland drivers to "get better" overnight. According to a Wiki chart, MD is the only state with a lenient ban on adult/experienced drivers; it's (only) a secondary offense. In the other 6 no-phone states and DC you can be pulled over solely for using a phone.

Did you read this post on a mobile device?
Are you also trying to drive?
Then pull over so you can spend undivided attention on my blog!