Tag Archives: racism

Our Jail Minimums are Huge, or non-existent

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The United States has more people in prison, per-capita, than any other developed nation, see graph below. Our rate is double Russia’s, and barely below Cuba’s. About 38% of our prisoners are black. That’s a sign of cultural differences or systemic racism; perhaps both.

A major reason for our high prison rate is our huge minimum sentences. In Michigan, as most states, if you possess a firearm when committing a felony or an attempted felony, two years minimum are added to your sentence. The judge’s only allowed input is to add time, or to drop the felony charge. By law, two years minimum have to be added before (not during) the sentence for the underlying felony. It increases to 5 years minimum if you have a prior conviction, and 10 years if you have two or more prior convictions – on top of whatever the Judge decides for the crime. Typically, for a repeat offender, the judge will sentence zero for the felony, because 10 years is enough. Or he will drop the felony charge. The standard penalty, is either the huge minimum, or zero. About 25% of those in Michigan prison, are serving this minimum. Many others who should have gotten a month, or a year, were let go with nothing to avoid giving the minimum -crazy.

Countries with the highest prison population per 100,000 as of January 2023 (from statistica). No country in Europe makes this chart, Russia included.

These laws are specific to guns. No other deadly weapon is treated this way. A knife assailant serves the sentence for the assault only with adding 2 to 10 years minimum. We could go a long way to reduce the prison population if this add-on were moved or severely shortened. I’d like it shortened to 3 months, and broadened to all deadly weapons.

Minimums serve a purpose, I think, preventing violent felons from going free with a good sob-story. But our minimums too long to prevent crime and now only prevent rehabilitation. After ten years in prison, released felons have no life to return to, and no family. The only life they have is crime. It’s been speculated that our huge minimums make felons more violent. Saint Thomas Moore theorized this in the 1500s: A criminal facing a long prison sentence might as well kill the witnesses and hope to escape.

The Michigan State shooter,who killed 3 last week was a felon whose charge was dropped to avoid sending a mentally unstable black man to prison for 2 years. Anthony McRae, had a history as “a hell-raiser,” and was known to be mentally unstable. He had been shooting his gun outdoors near his home, and upon arrest was in possession of a concealed, loaded gun with no permit. These could be changed as firearm felonies, punished by 2 years minimum, or the Judge could drop the case, leaving McRae with his gun. The judge dropped the case, and returned the gun. McRae went on to kill with it. If the minimum were lower, 3 months say, I believe the judge would have convicted Mr McRae’s to that minimum, and taken his gun.

As it was, the judge was faced with the choice of ordering 2 years or nothing.

Our drug sentencing minimums are too high too, especially for “bad drugs.” These carry a 5 to 10 year minimum sentence with no chance for parole. But “dad drugs” are often the ones black people take: LSD, Crack, Heroin, and Methamphetamine. The drugs white politicians take are treated leniently, e.g. mayor Ford of Toronto, or Hunter Biden. I think we’d do everyone a favor by reducing drug minimums, even for bad drugs; for this, too, 2-3 month minimums should do with the judge having discretion to add.

There should be a maximum sentence too, I think, to stop hanging judges. And there should be rehabilitation, but it’s not clear we can manage that. The unions have opposed work-rehabilitation, calling it slave labor. Leader Dogs for the Blind allow prisoners to train guide dogs; it does wonderfully, but something bigger is needed. Lacking good rehabilitation, the smallest sentence that serves as a deterrent is what we should aim for.

Robert Buxbaum February 22, 2023. The original design of Sing-sing included work-rehabilitation in many crafts. The unions complained, and rehabilitation was stopped. Sentencing is a tough balancing act.

A great modern artist, Duchamp becomes a great modern chess player, and returns to art.

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I’d written previously about Marcel Duchamp’s early work as a founder of the Dada school of modern art, a school that aims to say nothing about anything except about itself. Duchamp hung a urinal as art and called it “fountain.” It was comic, insulting, and engaging — an inspiration for many modern arts to follow , and much bad modern art, too — the collections of string and found objects and paintings of squares or squiggles. But the story of Duchamp is interesting. In 1925, M. Duchamp gave up on art, at least this type of art and became a chess player. As with art, he was very good at it, and became the French chess champion. Now that’s an unexpected turn.

What sort of chess did Marcel Duchamp play? Modern. Very modern. While tradition chess had focussed on the center. He developed at the sides, a strategy that was called an “Indian attack”, named (I assume) after American Indians attacking a stage-coach. Instead of attacking directly, the popular image of an Indian attack is attack from the sides, or behind trees. In chess, it involves typically a “fianchettoed bishop.” Other modern chess players of the time attacked from the side too (Réti, Alekhine) but they generally worked form one side or the other with some central presence. Duchamp worked from both, often with no center.

Position after white’s 13th move

Here is a dramatic example, a position from a game with an American great, GM George Koltanowski. It’s 13 moves in, with Duchamp, is black, generally considered the weaker side. He has fianchettoed both of his bishops, and given up the center to Koltanowski. It’s Duchamp’s turn to move/ He will win in three moves.

Notice that Koltanowsi’s bishops point outward, as a cowboys guns might point, or as from a British fighting square. Meanwhile, Duchamp’s bishops point inward, with his queen -bishop almost directly at the white king. The game proceeded as follows. 13…, Nxd5 14.Nxd7, Nxf4 15.Nxf8, Bd4, 0-1..

The full game, seen here,. It might prove instructive if you want to explore in Duchamp’s footsteps. While I play traditionally, I sometimes fianchetto, and do not find it racist that such side-attacks are called “Indian attacks.” Perhaps that’s because I’m old and used to such things, or because they very often work.

Please Touch. M. Duchamp 1947
Self-portrait, M. Duchamp, 1957 (torn paper on black velvet).

As M. Duchamp’s chess skills waned, he returned to the art world, going in the opposite direction of Dali. Duchamp’s last works are small, and simple. They are still arresting but more dream-like. Dali’s works grew bigger and busier as he got older.

That Duchamp could be both a great artist and a great chess-player suggests there is such a thing as general intelligence. It’s a touchy subject, I’ve pondered on here as intelligence appears to be inheritable.

Robert Buxbaum, September 23, 2022.

When was America great last? Before October 24, 1945, United Nations Day.

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Last night a CNN reporter was going around a Trump rally asking ‘When was America ever great?” It’s a legitimate question for anyone wearing a MAGA hat. “Make America Great AGAIN” suggests that America was once great and is no more. The answer the reporter pushed for, I think, was the one given by NY’s Governor Cuomo: “America was never that great.” Alternately, the answer of Michelle Obama, who claimed in 2008, “For the first time in my adult life, I am really proud of my country.” The attendees attempted other answers, like 1776, but the reporter shot them down, saying that people were enslaved in 1776, and telling the home audience that even later, women didn’t have the right to vote, or the LGBT community was denied the rights to which it was entitled. I was not there, and might have got shot down too, but I suspect the question deserves an exact answer: the last time America was great was just before October 24, 1945, United Nations Day, the day we submitted to be part of a world government.

Jackie Robinson, the first black American in major league baseball. Signed October 23, 1945.

By October 23, 1945 WWII was over. We had peace and plenty, the most powerful military, and the most powerful economy. Besides this, we had a baby boom (Children are a bedrock of success, IMHO). Also, on October 23, 1945, the Brooklyn Dodgers signed Jackie Robinson, the first black, major Leaguer since the late 1800s. We thus took a major step against the greatest of our original sins. These were aspects of US greatness, but they were were not guaranteed. They were based on two pre-requisites: a national dedication to self-improvement, and the sovereign control we had over our self-improvement. Total control ended on October 24, 1945 when we joined with the Soviet Union, the United Kingdom, China, France, and several other nations accepting (limited) control by the United Nations organization.

By accepting United Nations oversight, we gave over a significant chunk of sovereignty to other countries whose desire, mostly, was that the US should not be greater than them, and largely that it should not be great at all. To that end they endeavored to insure that we did not have the most powerful economy, the most powerful military, or a baby boom. From tat day on, other countries would sit in judgment on our behaviors and goals. More and more, they would demand remedies that served their interests and diminished US greatness, its exceptionalism. To the patriot this is a disaster. The New York Times declares that anti-exceptionalism is the road to world peace and prosperity. The MAGA crowd disagree.

The United Nations officially came into existence on October 24, 1945, after the United States, the Soviet Union, the United Kingdom, China, France ratify the UN Charter. The charter, once signed, was handed to Truman’s assistant, Alger Hiss.

It’s not that the MAGA Republicans are against world peace or prosperity. No sane person is, but they claim that the best way to achieve these things is for us to be exceptional and work in our own best interests. It is only a sad peace that is achieved by having a foreign body decide that we are at fault in every conflict, and that we should pay reparations to all who lag. There are many poor, socialist countries choosing judges, and these judges tend to rule that the US, as a rich nation, is always at fault and should always pay — both for “development” of the poor nations -overseen by them — and for the the UN too. We knew that their judges would rule this way, but likely didn’t care, or realize how much of our greatness rested on sovereignty. Without sovereignty, even the greatest of world powers will be brought down. Alger Hiss, the person Truman handed the signed UN charter to, was a spy for the Soviet Union. It was a telling beginning.

One of the big promises of Donald Trump is that he will limit the reach of the UN and of its ability to reach into our pockets. He already renegotiated or rejected trade agreements, like TPP that would have sent our jobs and technology abroad. Trump also placed import taxes (tariffs) on some foreign goods. The MAGA folks approve, but the Obama internationalists are scandalized. As depicted in the book “Fear”, long time (Obama) staffers at the White House stole tariff bills from the president’s desk to save the world by keeping them from Trump’s signature. Tariffs have been used throughout American history, and can be a benefit for jobs, and diplomacy and for American manufacturers. They are not radical, but some people lost out. Larely, those were US consumers of foreign goods who suffered. Things improved most for black and hispanic workers though. The intellectual class who claim to represent black and hispanic interests have removed Trump and supporters from social media. It’s their way of winning the argument.

Henry Cabot Lodge, Wilson’s main opponent ito the US joining the League of Nations,.

A major anti-MaGA goal is to stop global warming. This is done by globe-trotting folks in private jets who’ve agreed we should shut US industry and pay $1B/ year, while permitting unlimited coal use by China and India. They were the largest CO2 sources, and also among the least efficient producers.Their share of CO2 output is huge and growing. The globe-watchers don’t care. By the way, is a cold world is something we really need?

Trump also limited the power of the world trade organization and of the world court. It’s something that Henry Kissinger recommended In the Journal “Foreign Affairs 2001. Kissinger wrote that “The danger [in too much power for the world court] consists of substituting the tyranny of judges for that of governments; historically, the dictatorship of the virtuous has often led to inquisitions and even witch-hunts.” Trump also built up the military, and claims he will eliminate a postal agreement that gives low, subsidized rates, to China and poor countries so they can mail goods to the US for far less than we can to ourselves. Joe Biden has pushed for “the dictatorship of the virtuous” and promises to raise taxes to pay for it. He’s also suggested packing the supreme court. To me, this is far more radical than tariffs.

The MAGA divide between Trump and Obama/ Biden is not new. It’s existed to a greater or lesser extent between most Democrats and Republicans as far back as the civil war. One major cause of the civil war was tariffs. Then as now, tariffs benefit the manufacturer and worker, and hurt the aristocrat.

In 1918, the MAGA divide played flared because of Wilson’s support of the League of Nations. Republican, Henry Cabot Lodge opposed joining the League of Nations over the same complaints that Trump has raised. Trump’s MAGA claim is that he’ll make US agreements serve US interests. Also that he’s making the US military strong again, and making the US economy strong again. For all I know, the plan for the next four years is to try to ignite another baby boom, too. This, as I understand it, is the MAGA message.

As a side issue, I note that virtually every rapper is for Trump, and virtually every orthodox rabbi too. Yet the internationalist claim he’s racist. His approval among black voters is polled at 46%. Unless you hold that Jewish and black voters don’t understand their own interests. it would seem that Trump is not the racist he’s claimed to be. A recent, “jews for Trump” parade in NY was attacked with rocks, eggs, fists, and paint thrown on participants by white Democrats. The racists who run the NY Justice Department decided not to prosecute.

Robert Buxbaum, October 27-28, 2020. I figured it was time someone explained what “Make America Great Again” meant. I’ve also speculated on Trump’s religion here, and on his mental state, here.

Who are the BLM vandals?

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There have been a dozen attempts to tear down the statue of Andrew Jackson outside the Whitehouse. Most of these appear to have been done by white people, supporters of “Black Lives Matter,” or BLM. BLM vandals were more successful destroying statues of Columbus, Lee, Washington, Jefferson, Roosevelt, Lincoln, Saint Louis, and Christian Heg, an anti-slavery activist of the 1800s, — he was a white guy. Graves are spray painted BLM, stores have been vandalized and looted, people have been killed, and at least one “cop free autonomous zone” set upin Seattle. No police allowed, no fire fighters allowed. At least one murder. Policing by a BLM warlord. So who are the BLM vandals running these activities, and who are their supporters?

Graves vandalized with Black Lives Matter, and with BLM Floyd. The vandals prepared, bringing spray paint to the cemetery, but there is no sense they were helping black people.

To my observation the BLM activist-vandal is not typically black, nor illiterate, nor disadvantaged; nor do they act in a fit of anger. The tools of destruction, bricks, spray paint, chains torches, and firebombs are brought home, often many miles away. Bricks are left in buckets are key locations for ready use in the demonstration. Many of the activists are white, often women, literate, liberal, socially secure, and self-satisfied. Two lawyers, one a Princeton graduate, were among those throwing firebombs in a Jewish section of Brooklyn, last week. They were acting for social justice in Palestine, they say. Another pair of bomb-throwers were two sisters white, from upstate NY who traveled to Brooklyn to throw a gasoline bomb into a police care with four officers. Her motivation, she says, social injustice — certainly not for the innocent policemen.

There is rarely any connection between the destruction and any positive help to black people nor is there any direct relationship to George Floyd, killed by cruel police. Why behead the statue of Columbus, or burn this statue of an elk? Even the fire-bombing lawyers had trouble explaining the relationship between their bombing of a police car in Brooklyn and the motivating causes, police brutality and ending the zionist presence in Palestine, for these particular two. So why burn a car, topple a statue, or loot a store, or burn an elk? As best I can tell, it’s because these things are big, available, and minimally guarded. If someone steps out to defend their property, the vandals leave, or snuck around to sucker-punch from behind, leaving quickly afterward, before the police get there.

The vandals do not act out of rage either, but with malice and fore-thought. It takes a lot of organization to show up with working fire-bombs, bricks, or with spray paint for that matter. Neither of these items is available at stores near the demonstrations. And taking down a statute requires more. The vandals bring strong ropes, chains, and cutting torches. Check out this video of an attempt on the Andrew Jackson statue, and note the organization of labor and that virtually everyone here is white.

Samantha Shader, traveled to Brooklyn with gasoline bombs and through one into a police car with 4 officers inside. None died. She’s not black, uneducated, or oppressed, Just bored, and angry.

Whether they succeed or not, the vandals are proud of their activities. They brag to the press and often post videos. Publicity is part of the motivation, but it sometimes leads to capture. Samantha Shader, throwing a gasoline bomb, was caught because of her own bragging video.

When caught, the BLM vandal immediately appeals for his or her rights, and is often bailed out by the politicians who claim to deplore violence. They blame the very folks they’d harmed too, and claim it was justice to destroy the statue, or the Jewish or black-owned store. The black store owner is an uncle Tom, the Jewish synagog a symbol of oppression, and they see themselves as white saviors, white knights and revolutionaries, destroying offensive symbols of other folks success. It’s only other people’s stuff that’s offensive to them, by the way. I’ve yet to see any of the BLM vandals destroy their own cars or homes.

As bad as the actual vandals are, in a sense the politicians who support them are worse, spurring them, then sitting judgement on the BLM wrongs. The politicians, liberal, often white women, praise the BLM vandal leaders, and help the raise money for them. They ascend the podium with the worst of the BLM vandal leaders, proclaiming, “We’re with you.” “You are right to be angry, and your cause just.” “We are inspired by you.” They say they are against violence, but they eagerly remove the statues that the BLM vandals spray painted — The statue of Columbus in front of Columbus city hall for example, They defund the police — their salaries, retirements, etc. — and give the money to BLM-run organizations. The Biden campaign does more and provides bail money. All this helps honest black people not at all, nor is it good for the cities, but it does provide good press for the politicians, and so far the support for BLM seems to make up for Biden’s habit of touching and sniffing girls’ hair. As for where the BLM money goes, we have little information, but this is what we know. Some will go back to the Democratic party via a BLM program called #WhatMatters2020. Some will go toward Black Liberation education. None is slated to help victims of BLM vandalism, black or white. And this is what passes for political accountability.

Columbus Ohio; Vandals spray paint the statue of Columbus in front of city hall, then the Mayor cleans the statue, and removes it. Which one is the bigger vandal? Do either help black people?

I imagine that I do more for black lives than what BLM does, by my efforts to provide clean water and better sewage, for example. Another thing we might do, if we thought black lives really mattered would be to change the laws that put black people behind bars for minor crimes, e.g. pot sales. Recreational pot use is legal in much of the US, but black people are emprissoned in large numbers, because the sale is illegal unless you have special licenses. and black people never can get the license to sell legally. I don’t think defunding the police is a road to help black people, certainly not when the money goes to Black Liberation education and statue removal. It seems that black lives don’t matter at all to either the BLM vandals, or the fire-bombers, or to the politicians,, and they never did.

Robert Buxbaum, July 6 2020.

Military heroes, Genghis and confederate

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genghis-khan-statue-complex

This 13 story statue of Genghis Kahn looks over the plains of Mongolia.

All military statues are offensive, as best I can tell. Among the most offensive, is the 131 foot tall monument to Genghis Kahn in central Mongolia. Genghis Kahn is known for near-perfect military success, and for near-total disregard for non-Mongols; he treated them as cattle, to be herded, slaughtered, raped or pillaged. I imagine this statue is offensive to Chinese, Russians, Koreans, Moslems, Jews, Hindus, Poles, and Germans — people he slaughtered by the millions. For some Mongols too, I imagine this statue is offensive as a sad reminder that Mongolia no longer rules the eastern world. But the monument is not for the maudlin, nor is it intended to offend. Like other military statues, the Genghis monument is a rally point for soldiers, old and new. It’s a way to inspire Mongols to be great leaders of men, military and not. Such will see, in Genghis, a man who made tough choices, and carried through to great achievements. That he killed and oppressed others will be justified by noting he did it to keep his Mongols from being killed or oppressed. The grand size is chosen to encourage Mongols to think big.

Genghis appears in fictional form as the villain, Shan Yu, in Mulan. There, his motivation is he doesn’t like the wall. Mulan and the Chinese army stop his Mongol attack by burying them at a snow-covered mountain pass. Historically, a Chinese army did meet Genghis and his army at a mountain pass, but the Mongols were not defeated. Instead they bypassed the Chinese and captured their supplies. Genghis then offered the starving Chinese a choice: join or die. Those that joined had to fight those who did not. A few months later, Peking fell, and in a few years, the rest of Asia. Few of the turncoats survived. Given the same choice, Genghis’s men never turned on him.

General Lee planted a maple tree on this spot in Fort Hamilton, New York. in 2017 the plaque is removed as it's considered offensive.

General Lee planted a maple tree on this spot in Fort Hamilton, New York. in 2017 the plaque is removed as offensive.

Genghis’s most famous saying is that one arrow is easily broken, but a bundle will overcome any adversary. Similar to this, he is supposed to have said that, if you treat your soldiers as sons, they will follow you even into death. Such words are nonsense to non-soldiers and professional complainers: those who do not imagine themselves going to war. Those who go to war as generals know this is how to behave; those who go as soldiers hope for a leader who values them as sons, and not as cannon fodder.

In the US we’ve begun removing all monuments to the southern forces of the Civil War. This may be a mistake, but it seems irreversible. We’ve kept our monuments for Northern generals including William Sherman, known for his tactic of total destruction, and for Phillip Sheridan, equally known for total war, and for the saying: “The only good Indian is a dead Indian.” But we no longer tolerate Confederates. Among the reasons is that we claim to ease the pain of black people — a pain I feel looking at the Genghis Kahn monument. Another reason, we’re told, is that the statues are “dog-whistles” to racists and white supremacists — a particular danger now, evidenced in the election of Donald Trump. A danger, I think, that’s been largely trumped up as a way to keep politicians and newscasters politically relevant.

For these reasons, or politicians have removed every last confederate monument in Florida, the last being a large grave-stone in the Woodlawn cemetery. Virginia’s governor has similarly declared his intention to remove them all from his state. The city of Baltimore removed all four civil-war monuments in the middle of one busy night, August 18, 2017, and the University of Texas did similarly, working at night. New York City removed a plaque remembering Robert E. Lee for planting a tree at Ft. Hamilton, And, last week, an honorary window at the Washington cathedral where Lee had been a deacon.

Statues of Robert E. Lee are a particular target. There are quite a few in Virginia where his family was prominent — it was Richard H. Lee’s motion in the Continental Congress that carried as independence; his home now serves as Arlington Cemetery. While Lee opposed slavery and freed his slaves before the war, he fought for the Confederacy, so clearly he didn’t oppose slavery as totally as we would like. And Lee only freed his wife’s inherited slaves in 1862, fairly late, though Grant still had slaves at that time. Besides, in 1852, Lee caused an escaped slave to be whipped. I imagine he did the same to runaway soldiers. Historians used to praise Lee, but now call him a cruel racist. In hindsight, we imagine we would have done much better.

General Lee statue being removed from University of Texas.

General Lee statue being removed from the University of Texas.

As best I can tell, Virginians still remember Lee fondly, particularly soldiers, veterans, and those who imagine themselves leading men in difficult situations. When I try to put myself in Lee’s position, I find I can’t imagine myself doing better or achieving more. His life involved thousands of divisions and hundreds of inspiring actions. In the choice to fight for Virginia and not for the north, I note that Lee was given the same no-win choice as Genghis’s trapped Chinese: join the Union army and kill your brothers, or be killed by that army. The exchange appears in this movie. I admire Lee’s courage to stand by his brothers; it seems the more honorable of two bad choices. Early in his life, Lee committed himself to only honorable behavior  — according to his conception. This is all I expect from myself, and the most I hope for from any other person.

Another thing is Lee’s surrender. I find it a model of how to end a war so that lasting peace is achieved. It’s remembered in Johnny Cash’s song, “God Bless Robert E. Lee.”  Another song, “The night they drove old Dixie down” calls Lee “the very best.” I would be hard pressed to find a better US general: one who won more or was better loved.

Japanese resettlement.

Japanese resettlement in WWII. Our history is full of painful decisions by people we admire. Let’s try to not repeat our mistakes or pretend we don’t make them.

A killer complaint lodged against Lee, and against all the confederates, is that they were traitors. If so, George Washington and Ben Franklin were traitors too. In England, Benedict Arnold is honored as a patriot with a statue on Trafalgar square, but we do not honor him, rightly I think. He turned on his friends and brothers. I think it’s politics that’s motivated the current spate of removal. Most of the confederate statues stand (stood) in Democrat-leaning cities of five Republican-leaning states: Virginia, Texas, Georgia, North Carolina, and Mississippi. The white, non-college country-folk of these states are being pitted against the darker, college-educated city folk in a fight for their hearts and pocket books.

As for my guess at interpretation of the statues themselves. I’m inclined to suggest that the statues and their inscriptions do not appear racists to me, so much as soldierly. The statues were largely erected between the Spanish-American war and WWII with soldierly (to my eyes) comments. Baltimore monument to Jackson and Lee, reads on one side: “STRAIGHT AS THE NEEDLE TO THE POLE JACKSON ADVANCED TO THE EXECUTION/ OF MY PURPOSE” and on the other side: “SO GREAT IS MY CONFIDENCE IN GENERAL LEE THAT I AM WILLING TO FOLLOW HIM BLINDFOLDED.” Another Baltimore inscription: “THEY FOUGHT AS GENTLEMEN.” To me this latter is a swipe at Sherman and Sheridan, who did not. Removing these statues is a swipe at the honor of southern soldiers. The statues now read “BLACK LIVES MATTER,” a slogan I read as anti-police, anti-Trump, and anti-white.

The remnant of Baltimore's Lee- Jackson statue, showing the old inscription and the new.

The remnant of Baltimore’s Lee – Jackson statue with the old inscription and the new..To me, the old inscription is military, mostly, and not as racist as the new.

The pain of black America is real, but the thing that’s missed is that it is similar to the pain of rural white America. Both have been left behind. I’ve noted that urban black Americans and rural whites have virtually no savings, It could be the two poor cultures don’t realize they have much in common. Or it could be (I think) some folks purposefully fermenting dissension. What is needed, at least is better financial sense, and a recognition that race isn’t racism, but to listen to CNN or read the New York Times, such understandings seem unlikely. The Trump election shocked everyone, I think, those who voted for him and those who didn’t — and perhaps even Trump himself. Hillary, it seems had already bought a house in DC to house her staff. The surprise is not a reason to turn on one’s fellow. I can hope that Trump will prove to be a great president. For now, he is the president, and we are faced by nuclear enemies. It hardly helps to see half of our electorate call the other half racists and deplorables. As with a bundle of arrows, we have strength in union, weakness in disunion. May we all be blessed for a good, sweet year of peace and brotherly love

Robert E. Buxbaum. September 24, 2017. Perhaps my fondness for Lee is because I’m named after him. Here’s my theory for why Mongol arrows flew further.

Arrested for decriminalized possession

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The arrest rate for marijuana is hardly down despite widespread decriminalization, but use is up. decriminalization, but use is up. A rate that exceeds that for all violent crime.

Despite years of marijuana decriminalization, arrest rates for marijuana are up from 20-25 years ago, and hardly down from last year. Why?

There are a couple of troubling patterns in US drug arrests. For one, though marijuana has been decriminalized in much of the USA, marijuana arrest rates are hardly down from five years ago, and higher than 20-30 years ago — see graph at right. Besides that, it’s still mostly black-people and Latinos arrested. And the crime is, 4/5 the of the time, drug possession, not sale.

At the same time that violent crime rates are falling, marijuana possession arrests are rising (see graph below). Currently, according to FBI statistics,  more people are arrested for marijuana possession than for all violent crime combined. You’d expect it would not be this way, and a question I’d like to explore is why. But first, let’s look at more data. I note that part of an explanation is that marijuana use is up (18% in 2015 vs 12% in 1990). This still doesn’t explain the racial imbalance but it could explain the general rise. Marijuana isn’t quite legal, and if use is up, you’d expect arrests to be up. But even here, something is fishy: use rates are the same as in 1980, 35+ years ago in the midst of the “war on drugs,” but arrest rates have more than doubled since. Why? Take New York City as an example, 17,762 people were arrested for low-level marijuana possession in 2016 (smoking in public or possession of 25 gm to 2 oz). The low-level arrest rate is twice the national average in this Democratic-bastion city, where the drug was decriminalized years ago. Arrest rates in NYC went up an additional 10% in 2016, with black people arrested at 11 times the rate of white people. How could this be?

The race discrepancy of arrests persists across the US. Though black citizens use drugs only 15% or so more often than whites, and make up only 13% of the US population, they are arrested for drugs about three times as often and incarcerated about 4 times as often. It’s mostly for marijuana possession too, and the discrepancy varies very strongly by location In Louisiana, Illinois, and New York City arrests are particularly weighted to people of color. When New York City police precinct captains were asked about this, they explained that their instructions come from above. It’s a curious answer, I’d say, reflecting perhaps their dislike of the mayor.

Drug arrests are mostly for possession, not sale, and the spread is rising.

Drug arrests are mostly for possession, not sale and the spread is rising. More than half the time, it’s marijuana.

One of the race-affecting instructions is that the police are instructed to patrol black neighborhoods, but not the student unions of majority-white colleges like NYU. They’re mandated to stop and search junky cars but not nice ones, and to search people who have outstanding parking tickets, but not generally. They even get raises that depend on the number of tickets given, a practice that does not lead to a pattern of looking the other way — one many New Yorkers would prefer. Another issue: in many states, including New York, the police can keep money or cars, if they can claim that the asset was purchased with drug money or used in the drug trade. This leads to a practice where the city budget benefits when the police arrest persons they don’t expect will be convicted. It’s a practice called civil asset forfeiture, one lampooned, on Last Week Tonight, but jealously guarded. Since it is near impossible to prove that the money or car was not used in any way illegally, once they arrest someone, the police can expect to keep his or her money or cars indefinitely. The annoyance of lawyers perhaps encourages the arrest of people who do not seem to have them — people of color. New York mayor deBlassio justifies his arrests as a way to protect the neighborhoods, as his version of former mayor, Guilliani’s broken window approach. Maybe. But I think the profit motive is at least as relevant.

drug arrests hit black folks a lot more than white

Drug arrests hit black folks a lot more than white.

I note that strict justice tends to land hardest on the poor and defenseless. I also note that many important people have used marijuana without it damaging their lives in any obvious way. Both Jeb! Bush and Bill Clinton claimed to have smoked it; as did Barak Obama, Al Gore, and the Beatles. My bottom line: while marijuana decriminalization is worthwhile, it must go along with the repeal of civil asset forfeiture laws, and other means that make arrests into profit centers – or so it appears to me. Otherwise we’ll keep on flushing lives down the drain for no good reason.

Robert Buxbaum, March 6, 2017. I’ve previously blogged about the structure of criminal sentencing, coming to conclude that the least strict sentence that does the job is to be preferred. I also ran for water commissioner in 2016.

Chinese jokes

At college, my chinese room-mate wanted to make a surprise birthday dinner for his girlfriend.

….. But someone let the cat out of the bag.

 

Then there was the fellow who broke into the Fortune Cookie Factory with a hammer and broke virtually all the fortune cookies — as many as he could find — in an act of wonton destruction.

 

And finally,

 

I don’t believe racial jokes are evil, but suppose it all comes down on your idea of good humor. Comedy always involves odd people, or people doing things differently. The difference doesn’t have to be insulting, just different, and all good jokes provide some new insight.

Robert E. Buxbaum, October 29, 2015. Every now and again I post jokes– and then I analyze them to death (it’s funny because ….). Recent ones include an Italian Funeral joke, a fetish lawyer joke, and things on, engineers, dentists, pirates, surrealism. Just click the “jokes” tab at right for the whole, unsightly assortment.

Racial symbols: OK or racist

2 Replies

Washington Redskins logo and symbol. Shows race or racism?

Washington Redskins lost protection of their logo and indian symbol. Symbol of race or racism?

In law, one generally strives for uniformity, as in Leviticus 24:22: “You shall have one manner of law; the same for the home-born as for the stranger,”  but there are problems with putting this into effect when dealing with racism. The law seems to allow each individual group to denigrate itself with words that outsiders are not permitted. This is seen regularly in rap songs but also in advertising.

Roughly a year ago, the US Patent office revoked the copyright protection for the Washington Redskin logo and for the team name causing large financial loss to the Redskins organization. The patent office cited this symbol as the most racist-offensive in sports. I suspect this is bad law, in part because it appears non-uniform, and in part because I’m fairly sure it isn’t the most racist-offensive name or symbol. To pick to punish this team seems (to me) an arbitrary, capricious use of power. I’ll assume there are some who are bothered by the name Redskin, but suspect there are others who take pride in the name and symbol. The image is of a strong, healthy individual, as befits a sports team. If some are offended, is his (or her) opinion enough to deprive the team of its merchandise copyright, and to deprive those who approve?

More racist, in my opinion, is the fighting Irishman of Notre Dame. He looks thick-headed, unfit, and not particularly bright: more like a Leprechaun than a human being. As for offensive, he seems to fit a racial stereotype that Irishmen get drunk and get into fights. Yet the US Patent office protects him for the organization, but not the Washington Redskin. Doesn’t the 14th amendment guarantee “equal protection of the laws;” why does Notre Dame get unequal protection?

Notre Damme Fighting Irish. Is this an offensive stereotype.

Notre Dame’s Fighting Irishman is still a protected symbol. Is he a less-offensive, racist stereotype?

Perhaps what protects the Notre Dame Irishman is that he’s a white man, and we worry more about insulting brown people than white ones. But this too seems unequal: a sort of reverse discrimination. And I’m not sure the protection of the 14th was meant to extend to feelings this way. In either case, I note there are many other indian-named sports teams, e.g. the Indians, Braves, and Chiefs, and some of their mascots seem worse: the Cleveland Indians’ mascot, “Chief Wahoo,” for example.

Chief Wahoo, symbol of the Cleveland Indians. Still protected logo --looks more racist than the Redskin to me.

Chief Wahoo, Still protected symbol of the Cleveland Indians –looks more racist than the Redskin to me.

And then there’s the problem of figuring out how racist is too racist. I’m told that Canadians find the words Indian and Eskimo offensive, and have banned these words in all official forms. I imagine some Americans find them racist too, but we have not. To me it seems that an insult-based law must include a clear standard of  how insulting the racist comment has to be. If there is no standard, there should be no law. In the US, there is a hockey team called the Escanaba (Michigan) Eskimos; their name is protected. There is also an ice-cream sandwich called Eskimo Pie — with an Eskimo on the label. Are these protected because there are relatively fewer Eskimos or because eskimos are assumed to be less-easily insulted? All this seems like an arbitrary distinction, and thus a violation of the “equal protection” clause.

And is no weight given if some people take pride in the symbol: should their pride be allowed balance the offense taken by others? Yankee, originally an insulting term for a colonial New Englander became a sign of pride in the American Revolution. Similarly, Knickerbocker was once an insulting term for a Dutch New Yorker; I don’t think there are many Dutch who are still insulted, but if a few are, can we allow the non-insulted to balance them. Then there’s “The Canucks”, an offensive term for Canadian, and the Boston Celtic, a stereotypical Irishman, but also a mark of pride of how far the Irish have come in Boston society. Tar-heel and Hoosiers are regional terms for white trash, but now accepted. There must be some standard of insult here, but I see none.

The Frito Bandito, ambassador of Frito Lays corn chips.

The Frito Bandito, ambassador of Frito Lays corn chips; still protected, but looks racist to me.

Somehow, things seem to get more acceptable, not less if the racial slur is over the top. This is the case, I guess with the Frito Bandito — as insulting a Mexican as I can imagine, actually worse than Chief Wahoo. I’d think that the law should not allow for an arbitrary distinction like this. What sort of normal person objects to the handsome Redskin Indian, but not to Wahoo or the Bandito? And where does Uncle Ben fit in? The symbol of uncle Ben’s rice appears to me as a handsome, older black man dressed as a high-end waiter. This seems respectable, but I can imagine someone seeing an “uncle tom,” or being insulted that a black man is a waiter. Is this enough offense  to upend the company? Upending a company over that would seem to offend all other waiters: is their job so disgusting that no black man can ever be depicted doing it? I’m not a lawyer or a preacher, but it seems to me that promoting the higher levels of respect and civil society is the job of preachers not of the law. I imagine it’s the job of the law to protect contracts, life, and property. As such the law should be clear, uniform and simple. I can imagine the law removing a symbol to prevent a riot, or to maintain intellectual property rights (e.g. keeping the Atlanta Brave from looking too much like the Cleveland Indian). But I’d think to give people wide berth to choose their brand expression. Still, what do I know?

Robert Buxbaum, August 26, 2015. I hold 12 patents, mostly in hydrogen, and have at least one more pending. I hope they are not revoked on the basis that someone is offended. I’ve also blogged a racist joke about Canadians, and about an Italian funeral.