Posts Tagged ‘Miranda rights’
Off to MLA Links!
* CFP: Powering the Future: Energy Resources in Science Fiction and Fantasy.
* “Man who changed name to Beezow Doo-doo Zopittybop-bop-bop faces 5 years in prison on drug charges.”
* Kim Stanley Robinson Receives 2016 Robert A. Heinlein Award.
* Your daily dose of pop culture art.
* GOP lawmakers call for firing of Mizzou professor who called for ‘muscle.’ Wheaton College seeks to fire Christian professor over view of Islam. Florida Atlantic Fires Sandy Hook Denier. Professor Removed From Course Over Vulgarity Waiver.
* Oregon and the Injustice of Mandatory Minimums. Libertarian Fairy-Tales: The Bundy Militia’s Revisionist History in Oregon.
* How Michigan literally poisoned an entire city to save a few bucks.
* “This is the United States of America and we have private property here. This is not a communist country. We own land, and land use is an attribute of property ownership,” he says. “Food doesn’t stay on the farm it was grown on. We share our food, we share our energy, we share our oil and gas. I can sell land to anybody. Why would I treat water any differently?”
* Shelters near capacity in Milwaukee County.
* Wisconsin schools earn a B-, over the nation’s gentleman’s C.
* As it happens, these new Star Wars comics are good comics precisely because they are restricted by the Star Wars franchise. Rather than engage in the default marketing narratives of mainstream superhero comics — killing off a character, or staging a world-changing event, or redesigning costumes, all ways of fooling readers who know better into thinking that things will actually change in significant ways — these comics tell serial stories aimed at no specific resolution. They promise nothing but play. Sure, okay, but where is your God now? More LARB Star Wars: Making Things Right: “Star Wars Episode VII: The Force Awakens.”
* The Secret Origin of The Force Awakens’ Adorably Angriest Stormtrooper. (It’s canon.) What the Seven Star Wars Films Reveal about George Lucas. All the Backstory You Desperately Want to Know About The Force Awakens.
* Jacob Brogan reviews The Census-Taker.
* Elsewhere on the Brogan beat: What’s the Deal With Geoengineering? Your Geoengineering Cheat Sheet.
* “The system isn’t broken. It’s fixed.”
* Really, though, how did this happen? We are all complicit.
* Social Justice Warrior (level 2).
* Presenting the sperm switch.
* Gene Editing Cures Animal Of Genetic Disease For The First Time.
* Today in unholy abominations.
* Today in the 2016 election: Former U.S. attorney: Clinton could face criminal indictment. Why this social feminist is not voting for Hillary. A warlock in Mexico has predicted that Donald Trump will not be the 45th president of America.
* What not to wear to your MLA interview.
* Grading abolition watch: Better-Looking Female Students Get Better Grades.
* Student evaluation abolition watch: Student Evaluations of Teaching (Mostly) Do Not Measure Teaching Effectiveness.
* When Your Curriculum Has Been Tumblrized.
* The CEO of your company has probably already earned your 2016 salary this year.
* …according to the state of California, ten-year-olds should also know enough to “voluntarily, knowingly, and intelligently” waive their right to remain silent before they are interrogated by police, so the statements that they make are admissible, should there be further criminal proceedings, in a court of law.
* Get this traffic camera a Pulitzer.
* Twitter announces plan to ruin the whole point of Twitter.
* WSJ covers one of my favorite sites on the net.
* That Dragon, Cancer: A Father, a Dying Son, and the Quest to Make the Most Profound Videogame Ever.
* The Death Penalty’s Last Stand.
* A people’s history of Blossom.
* I’m about to have seen things you people won’t have believed.
* The sad core of the gun debate.
* Deadwood Reunion Movie ‘Is Going to Happen,’ Promises HBO President. THAT’S LEGALLY BINDING.
* And of course you had me at Gruesome and Surreal Surgical Illustrations from the 15th–19th Centuries.
Closing All My Tabs Before I Flee The Country Links
* The new issue of Extrapolation is out! This one was put together before I was an editor, but it’s still really great stuff.
* CFPs: Current Research in Speculative Fiction 2015. Tolkien at the University of Vermont. The Marquette Undergraduate Humanities Conference.
* Dear English Major: A 7-Step Guide to Your Final Semester as an English Major.
* It’s syllabus prep week at universities all across America. Here’s a provocative one from Vanderbilt: PHIL 213: Police Violence and Mass Incarceration.
* #MLA: Every Time You Fly, You Trash The Planet — And There’s No Easy Fix.
* Solidarity without Affect: The MLA Subconference Enters Its Second Year. Via Freddie deBoer.
* Give me the child at 18 or so, and I will give you the man: Nine Percent of 114th U.S. Congress Are Alumni of Jesuit Colleges and Universities.
* Inside a Chinese Test-Prep Factory.
* California colleges see surge in efforts to unionize adjunct faculty. Washington University adjunct faculty vote to form a union.
* Is depression a kind of allergic reaction?
* Why we can’t have nice things, 2015 edition: The Senate’s 46 Democrats got 20 million more votes than its 54 Republicans.
* Pot Tax Adds $40+ Million To Colorado’s Economy: Crime, Traffic Deaths And Unemployment Are Down.
* The Economics (and Nostalgia) of Dead Malls.
* Great moments in headcanon, Guardians of the Galaxy edition.
* I say teach the controversy: “Creationist: Aliens Will Go to Hell and Not Even Jesus Can Save Them.”
* Actual Supreme Court decisions: To remain silent, one must first speak.
* Dog bites man: 2014 Was The Hottest Year On Record Globally By Far.
* On the 60th anniversary of Vladimir Nabokov’s “Lolita,” the Los Angeles Review of Books has assembled a group of female authors, artists and performers who, dedicated to examining the faces, bodies and voices of the young girl, consider the significance of Nabokov’s pubescent protagonist as both a literary conceit and an object of patriarchal fetish.
* The process used is ridiculous and would result in termination if used.
* As a growing movement of unschoolers believe, a steady diet of standardized testing and indoor inactivity is choking the creativity right out of our kids. The alternative: set ’em free.
* Here’s a comic strip about children dying of preventable diseases.
* Horrible attack on a satirical magazine in Paris.
* A Colorado NAACP Office Was Bombed Today. A gasoline can near the bomb, apparently intended as a firebomb, failed to ignite.
* People diagnosed with serious mental illness — schizophrenia, bipolar disorder, or severe depression — die 20 years early, on average, because of a combination of lousy medical care, smoking, lack of exercise, complications of medication, suicide, and accidents. They are the most discriminated-against and neglected group in the U.S., which has become probably the worst place in the developed world to be mentally ill.
* Tangled, Brave, and Frozen All Made the Same Critical Mistake.
* Nestle CEO: Water Is Not A Human Right, Should Be Privatized.
* The Suburbanization of the US Working Class.
* Few things we criminalize because they are ‘harmful’ are anywhere close as harmful as prison.
* How White Liberals Used Civil Rights to Create More Prisons.
* Ferguson Grand Juror Sues Prosecutor To Lift Gag Order.
* “The little girl come to my door,” 71-year-old Larry Wilkins told NBC News. “She told me that her mom and her dad were dead, and she was in a plane crash, and the plane was upside down. She asked if she could stay here.”
* “I’m no longer watching television in which middle-aged men figure out how to be men. I’d rather watch shows about teenaged girls figuring out what it means to be a monster.”
* A team of researchers at the New York State Psychiatric Institute surveyed 43,000 Americans and found that, by some wide margin, the rich were more likely to shoplift than the poor. Another study, by a coalition of nonprofits called the Independent Sector, revealed that people with incomes below 25 grand give away, on average, 4.2 percent of their income, while those earning more than 150 grand a year give away only 2.7 percent. A UCLA neuroscientist named Keely Muscatell has published an interesting paper showing that wealth quiets the nerves in the brain associated with empathy: If you show rich people and poor people pictures of kids with cancer, the poor people’s brains exhibit a great deal more activity than the rich people’s. (An inability to empathize with others has just got to be a disadvantage for any rich person seeking political office, at least outside of New York City.) “As you move up the class ladder,” says Keltner, “you are more likely to violate the rules of the road, to lie, to cheat, to take candy from kids, to shoplift, and to be tightfisted in giving to others. Straightforward economic analyses have trouble making sense of this pattern of results.”
* Our New Politics of Torture.
* The Cost of US Wars Since 9/11: a mere $1.6 Trillion.
* The CIA has to approve every script for spy drama The Americans.
* Here’s what’s in the new issue of The Journal of Puerile Mathematics.
* Preach! Scientists Agree Work Makes You Wake Up Too Early.
* United States Passes Old Soviet Union For Largest Prison System In History.
* Visibility As Violence On Social Media.
* ‘Bullsh*t jobs’: Guerrilla posters welcome commuters back to work.
* In Preventing Trans Suicides, ‘We Have Such A Long Way To Go.’
* The True Cost of Teach For America’s Impact on Urban Schools.
* I can’t believe I’d never read this before: the original script to Back to the Future is wonderfully bananas, including the “nuke the fridge” scene from Crystal Skull thrown in as a sweetener.
* Peak neoliberalism: eventheliberal Kevin Drum says an AI revolution that will be “pretty brutal for the 90 percent of the population that occupies the middle classes and below” will be a “basically positive” development.
* PS: Drum might have been overestimating the timetable here. In 10 years, your job might not exist.
* The paper makes no claims about in-person classes or very large online courses, but says that the study’s findings provide “the first evidence that increasing class sizes in the online context may not degrade the quality of the class.” And the paper says that “these results could have important policy and financial implications.”
* ‘Philosophy is for posh, white boys with trust funds’ – why are there so few women?
* What To Do When You Discover Your Co-Worker Writes Erotic Hulk Fanfic.
* Anti-terror plan to spy on toddlers ‘is heavy-handed.’ Well, that’s debatable.
* 67 Science Fiction And Fantasy Movies To Watch Out For In 2015.
* The 10 Most Insignificant Wars in History.
* A Nuclear Plant Leaked Oil Into Lake Michigan For Two Months Straight.
* Police say at least 30 people are sleeping permanently in Madrid airport’s terminal 4 but the number goes up in winter.
* In 1997 the Swedish parliament wrote into law a “Vision Zero” plan, promising to eliminate road fatalities and injuries altogether. “We simply do not accept any deaths or injuries on our roads,” says Hans Berg of the national transport agency. Swedes believe—and are now proving—that they can have mobility and safety at the same time.
* Cell Phones Don’t Seem to Cause Brain Cancer.
* We lost our son to football and brain disease. This is our story.
* They Might Be Giants, Again: The Adult Comeback of a Cult Band. Even Dial-a-Song is back.
* Science fiction poetry: “Sci-Fi Violence.”
* Most Citizens of the Star Wars Galaxy are Probably Totally Illiterate.
* Star Trek: The Next Generation in forty hours.
* It’s good to get ahead of things: Should Martians Pay U.S. Taxes?
* “Hold for release till end of the world confirmed.”
* And the winner of the Worst Thing Written in 2015 has been announced. Thank you for your interest and we hope to see you again in 2016.
Midweek Links!
* For two years, claims about the cheapness of the MOOC format overcame widespread doubts about their educational and social effects. During this time, the main MOOC companies did not release specific financial projections. Now we finally have two spreadsheets, and their claims to cheapness are not confirmed.
* Jury Awards $13 Million to One Plaintiff Deceived by For-Profit College.
* Good news! Racism is over! Workplace harassment is a thing of the past! Climate change ain’t no thang! The innocent have nothing to fear!
* @sarahkendzior: “Our economic times demand a raise in the minimum wage,” declares @thenation, who pay interns $4.37 per hour. Meanwhile, Gawker Media is the next company to get sued.
* Death of the humanities watch, actual numbers edition: Humanities degrees were 17.1% of all degrees in 1971, 17.0 in 2010. Via Michael Bérubé. More links after the chart.
* Berkeley’s big stadium boondoggle.
* Porn wars: the debate that’s dividing academia.
* How you know you are not a brain in a vat.
* Unnecessary medicine shortages in this, the greatest nation in the history of the world.
* And scientists discover a silver-bullet quick-fix to improve your life expectancy by twenty years.
Tuesday Morning!
* The most important finding is that family formation negatively affects women’s, but not men’s, academic careers. For men, having children is a career advantage; for women, it is a career killer. And women who do advance through the faculty ranks do so at a high price. They are far less likely to be married with children. We see more women in visible positions like presidents of Ivy League colleges, but we also see many more women who are married with children working in the growing base of part-time and adjunct faculty, the “second tier,” which is now the fastest growing sector of academia. Unfortunately, more women Ph.Ds. has meant more cheap labor. And this cheap labor threatens to displace the venerable tenure track system.
* N.Y.U. Gives Its Stars Loans for Summer Homes.
* The US government has finally released the names of 46 men being held in Guantánamo under the classification of “indefinite detainees” – terror suspects deemed too dangerous to release or move yet impossible to try in a civilian or even military court for reasons of inadequate or tainted evidence.
* Bank of America whistle-blower’s bombshell: “We were told to lie.” Gasp!
* SCOTUSwatch: Win one, lose one.
* The lasting effects of the Vietnam draft lottery.
Vulnerability to the draft induced by the 1969 lottery not only structured attitudes toward the Vietnam War, but also provoked a cascade of changes in basic partisan, ideological, and issue attitudes. The breadth, magnitude, and, in some respects, persistence of these attitudinal changes illustrates how powerful self-interest can become when public policies directly touch our lives.
It seems to suggest how fundamentally arbitrary political attitudes are, however much we think we’re thinking things through rationally and proceeding by careful analysis of the facts.
* Science proves the humanities aren’t worthless!
* I thought Evan’s writeup on Mad Men was really great this week. Almost makes this season’s excruciating focus on Don’s mother issues seem interesting.
* Jesus wept: Vice re-creates female authors’ suicides for maximum trolling. Don’t even bother clicking, it’s absolutely as dumb as advertised.
* And just how much damage did Superman and Zod do to Metropolis?
Some Thoughts on Miranda
I wound up indulging my academic gene after all with a long conversation on Twitter this morning about Miranda rights (Storified here). Distilling this to just a few key points:
* The Miranda warning is a fairly idiosyncratic (and relatively recent) feature of American jurisprudence. It is not by itself determinative of the absolute fairness or unfairness of a criminal proceeding.
* The Miranda warning concerns only the suspect’s post-arrest utterances, which by all accounts the prosecutors in this case would not need to secure a conviction. They claim, after all, to have photographic evidence of the bombs being planted.
* A brief “public safety” exemption to the Miranda warning is a lawful and long-standing procedure that is rationally applied to the circumstances of this case. It should be over (very) soon, but it’s not by itself illegitimate.
* The Miranda warning, in general, is a good thing, but not as good as it sounds; the primary effect of the Miranda warning is to legitimate police attempts to get you to surrender these rights through coercion or deceit. As I was putting it on Twitter earlier:
* Most crucially, there is a zero percent chance that a guilty Dzhokhar Tsarnaev would somehow escape punishment on the basis of a legal technicality. No court — much less the Supreme Court — would ever allow that outcome. What would happen instead is that a sufficiently large exemption to Miranda would be discovered to allow a conviction to stand. Again, as I was putting it on Twitter:
That’s why from my perspective the big issue is not Miranda, it’s presentment. Right now Tsaraev is still within the scope of the normal criminal justice system, as he should be. The bad outcome here is not his being denied a Miranda warning; it’s him not being allowed any trial at all.
More (not always agreeing with the above) from Orin Kerr, Scott Lemieux, Emily Bazelon, Freddie deBoer, and Glenn Greenwald.
Tuesday Night Links
* “Don’t talk to the cops” just got a little more complicated. One of the knocks against Sonia Sotomayor was that she’s be too prosecutor-friendly, so it’s good to see her on the right side on this:
Today’s decision turns Miranda upside down. Criminal suspects must now unambiguously invoke their right to remain silent—which, counterintuitively, requires them to speak. At the same time, suspects will be legally presumed to have waived their rights even if they have given no clear expression of their intent to do so. Those results, in my view, find no basis in Miranda or our subsequent cases and are inconsistent with the fair-trial principles on which those precedents are grounded.
* Justice department to launch criminal investigation of BP. More here. Could the oil spill end BP? If the government chose to prosecute BP under the Clean Water Act, it could fine the company $4,300 per barrel leaked into the Gulf — fines independent of the liability cap. If the government won those damages, BP would currently be on the hook for $116 billion — enough to bankrupt the company immediately. Related: Robert Reich says Obama should put the company in receivership. And it looks as if BP has given up trying to contain the spill before the relief wells are completed this August.
* Peter Jackson being coy about whether he’ll now direct The Hobbit.
* Marvel as Stephen Stromberg makes an important point in a very stupid way.
* Heat wave in Northern India kills hundreds as temperatures approach 120 degrees.
* Six astronauts begin simulating this week a 520-day mission to Mars.
* Behold, the Wikipedia game.
* And you had me at “Japanese construction firm Shimizu Corporation has developed a series of bold architectural plans for the world of tomorrow.” Via Tim.
Other Stuff
* For the Democrats, [the Miranda capitulation] will surely end up being one of the darker moments of the Obama presidency — not because it’s necessarily so terribly meaningful (at least compared to ending Too-Big-to-Fail), but because it represents a new low on the utter-lack-of-balls front.
* BP’s latest solution to the Deepwater Horizon disaster: just chuck some garbage down there.
* Unholy abomination watch: Virginia seeks toll booths on I-95.
* And a preview of Scientific American‘s 169 best optical illusions special issue. Via Boing Boing.
Why You Should Never Talk to the Police
Don’t talk to the cops: Prof. James Duane of the Regent University School of Law and Officer George Bruch of the Virginia Beach Police Department explain why you shouldn’t ever talk to the cops about a crime under any circumstances without your lawyer present.
(I know, I know, it’s Pat Robertson’s law school, but he’s right anyway.)
And here’s a nice Miranda flashback from David Simon, creator of The Wire.
…a detective does his job in the only possible way. He follows the requirements of the law to the letter — or close enough so as not to jeopardize his case. Just as carefully, he ignores that law’s spirit and intent. He becomes a salesman, a huckster as thieving and silver-tongued as any man who ever moved used cars or aluminum siding — more so, in fact, when you consider that he’s selling long prison terms to customers who have no genuine need for the product.
Homicide: Life on the Street
Jurist has a two-part retrospective this month on David “The Wire” Simon’s original Baltimore police story, Homicide: Life on the Street. Via the crimelords at MetaFilter. Now here’s Family Guy.
Gerry Canavan 