Bail is Next Target of California Criminal Justice Reform Efforts: New at Reason

After last week’s election, criminal justice reform efforts in California continue.

Steven Greenhut writes:

When the legislature reconvenes in December, some legislators will almost certainly introduce bills that would reform the state’s system of “money bail.” It’s part of a nationwide reform movement headed by groups such as the American Civil Liberties Union.

Many are unfamiliar with the system by which criminal defendants post a bond that allows them to avoid jail time as their case winds its way through the system. A judge will set a bail amount that reflects the severity of the alleged crime and the defendant’s perceived flight risk. The defendant can post the full amount, which would be forfeited if he or she doesn’t show up at the appointed court date. Those who lack the resources also can go to a bail bonds company and pay a nonrefundable percentage (commonly 10 percent) of the bail. The bail bondsman posts the full amount and assumes liability to assure the defendant shows up for trial.

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Matt Welch and Nick Gillespie Talking Trump on Kennedy Tonight at 8 P.M.

Matt Welch and I will appear on Fox Business’ Kennedy tonight at 8 P.M. E.T., talking about various aspects of President-Elect Donald Trump’s administration and cabinet. Also: Who is the biggest threat to freedom in the Senate on both the Republican and Democratic sides?

More details and strange and wonderful collage via Twitter:

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Obama Responds to Trump Protests, Clapper to Retire, Kaine Won’t Run for President: P.M. Links

  • ObamaPresident Barack Obama said today President-Elect Donald Trump protesters shouldn’t be silent. Obama himself was protested regularly, he pointed out, as were previous presidents. He encouraged support for free speech both domestically and abroad.
  • Director of National Intelligence James Clapper has submitted his resignation. He is probably most famous for lying to a Senate committee about the existence of the mass surveillance exposed by Edward Snowden. The announcent was not a surprise. He had been telling people openly about his plans to retire.
  • Tim Kaine says he will not run for president in 2020. But would he accept a vice president offer from Kanye West?
  • A teacher in a Baltimore middle school was captured on video telling her students they were “punk ass n—–s” who were going to get shot. The school district has fired her.
  • At the request of Turkey’s president, Pakistan is ejecting more than 100 Turkish school teachers from their country.
  • Could shifting Sen. Dianne Feinstein from the Intelligence Committee to the Judiciary Committee be good for those who want to preserve strong data encryption?

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Obama, Merkel Blame Social Media For Being Politically Disruptive

At a joint press conference in Berlin earlier today, President Obama and Germany Chancellor Angela Markel blamed the internet and digitizationon making a “clash of cultures” more direct and instilling uncertainty in people about their identities and economic security.

Merkel suggested the internet and digitization would have to be regulated like the printing press or industrialization in order to limit its disruptive effects. “It led to enormous transformational processes within individual societies,” Merkel noted. “It took a while until societies learned how to find the right kind of policies to contain this and to manage and steer this,” Merkel said.

The printing press was easily the most disruptive technology in the history of Western civilization. Since its invention in the 1440s and subsequent widespread use, the ability to mass produce printed material has helped foment social and political revolutions around the world. The printing press created the opportunity for communication on a scale never seen before. It helped populations around the world to self-radicalize—it’s hard to imagine how the American revolution could have been sustained without a printing press and the ability that provided for colonists to share stories about imperial outrage and to convince each other of the necessity of revolution through pamphlets like Thomas Paine’s Common Sense.

When pro-slavery mobs wanted to shut down the work of the abolitionist Rev. Elijah Lovejoy, they destroyed his printing press, not once, not twice, but three times. The fourth time, he was killed trying to defend his newest printing press. The printing press helped movements like abolitionism to build a community organized around them. On a larger scale, printing presses, helped in the process of nation-formation, by making it possible to build imagined communities through the use of national newspapers, literature, and so on, as posited by Benedict Anderson in Imagined Communities. The printing press helped people build connections over vast distances of space, and time, fundamentally altering the pace of change in the world.

It’s not difficult to see similar forces unleashed by the internet, allowing people separated by long distances to find common cause with each other and build imagined communities of their own. In the aftermath of the presidential election, this gets called a “bubble.” But the imagined ideological communities we build are only the most prominent now. I’d argue the rapid progress on gay rights was probably helped along by the internet making it easier for people to learn that they are not alone and better work for change. The same kind of imagined community-building is also happening across the political spectrum.

The desire by the political class to control these processes is frightening but, as Merkel admitted, not new. Since the invention of the printing press, governments of all sorts have sought to control its use and influence. The first newspaper in the American colonies, for example, Publick Occurrences Both Foreign and Domestick, was shut down by the British imperial government less than a week after its first issue. After that, the British demanded newspaper publishers receive government permits. This was one of the reasons the framers of the Constitution included freedom of the press in the Bill of Rights. And yet even some of the people involved in drafting the Constitution, like John Adams, ended up pursuing policies when in power that stymied the freedom of speech. This year, both major party presidential nominees, Donald Trump and Hillary Clinton, called for shutting down portions of the internet to stop militant radicals from communicating with each other.

Obama noted in the press conference, before Merkel’s call for more speech regulation, that freedom of speech was one of the principles that, if they were maintained, would help ensure that “over the long term progress will continue.” Yet contemporary governments show little understanding of this, participating in the erosion of free speech rights and other mechanisms Obama mentioned, like checks and balances, that ensure “progress.” Merkel, for her part, decried the “simplistic solutions” offered by populist politicians, saying they had “unfriendly policies.” Obama decried simplistic slogans and soundbites and snippets people get on social media, yet is no stranger to them.

“If we can’t discriminate between serious arguments and propaganda, then we have problems,” Obama said, offering little in the way of self-reflection on his role in these trends. “If people, whether they are conservative or liberal, left or right, are unwilling to compromise and engage in the democratic process, and are taking absolutist views, and demonizing opponents, then democracy will break down.”

“My most important advice is to understand whether the foundations of a healthy democracy and how we have to engage in citizenship continuously, not just when something upsets us, not just when there’s an election, or when an issue pops up for a few weeks, it’s hard work,” Obama continued, saying he had hope in political and social activism by young people.

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5 Reasons America Should be Happy to See James Clapper Leave His Post

After what CNN reports as “months” of anticipation of quitting, Director of National Intelligence James Clapper submitted his resignation today (something all current administration high officials will also be doing during the administration change).

From past Reason reporting, let’s remember just five reasons America should be quite happy to see the door hitting Clapper on his way out, and hard.

1) Most importantly, Clapper believed that any sort of warrant requirement for scouring citizens’ electronic records was untenable as it would hobble the government’s ability to find and prevent terror attacks—and used as evidence for this a list of terror attacks that existing surveillance powers did nothing to uncover or stop—while engaging in lobbying Congress to make sure it didn’t do anything to actually protect America’s liberties and to further empower his own job.

See Ronald Bailey’s reporting on the above.

If the Trump administration is so against citizen or business interest lobbying, I hope, but do not expect it to, take a firmer stand against executive branch officials lobbying Congress to expand their ability to violate Americans’ constitutional rights.

2) Clapper’s a confessed perjurer about his assaults on Americans’ rights, lying to Congress about National Security Agency’s privacy violating practices, as Ronald Bailey noted-with-alarm.

Here’s the video. Sen. Rand Paul (R-Ky.), bless him, believed Clapper, rather than quietly retiring, should have maybe faced jail time for that.

3) Clapper’s best defense when his perjury became obvious was that, as director of national intelligence, he was so incompetent in any role as a watchful and efficient executive that he just forgot the massive metadata electronic surveillance program covering pretty much all Americans existed when asked about it, as Scott Shackford reported.

4) Clapper presided over a national system in which our intelligence workers got to enjoy and share embarrassing private information gathered about Americans, because their systems and methods made differentiating targetable foreign actors from Americans pretty much impossible, as J.D. Tuccille reported.

5) According to his own boss President Obama (who chose not to fire him for it), the intelligence operations Clapper managed did a shoddy job understanding and relaying relevant facts about radical Islam (which, whether or not you agree, the U.S. government sees as our most pressing actual military problem demanding good intelligence) in Syria and regarding ISIS in Iraq.

Clapper is going to be gone, and that’s good. What is not good is that the powers, and the vision of the proper use of those powers, that the next DNI will control will almost certainly be the same as Clapper’s, if not worse.

What we know about Trump’s attitude toward whistleblower Edward Snowden who made the existence of such surveillance systems undeniable—that is, that he’s a traitor who deserves death—there is little reason to believe any Trump appointee will be any better. This is not a guy who seems to think anything should hobble him or the government it now controls in pursuit of his perceived enemies.

The departure of an abuser of power is cause for a small moment of glee. That the abuse of power inherent in the job is going nowhere is cause for that eternal vigilance we are always hearing about.

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Listening to Sex Offenders: New at Reason

To write her book Sex Offenders, Stigma, and Social Control, sociologist Diana Rickard recruited half a dozen former offenders and then asked them their life stories, including why they committed their crimes. Reading these men’s explanations is like listening to a low-rent version of The Moth, Debbie Nathan writes in her review: They are stereotypical and repetitive in ways we’ve all heard a million times, all our lives, and mostly not from sexual offenders. The offenders even believe in the sex offenders registry—as long as they’re not on it. Like most Americans, they cling to this side of humanity by asserting their “normalcy.”

View this article.

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FDR’s Wartime Violations of Civil Liberties Are Not a Good Precedent for Anything

Last night on The Kelly File, Carl Higbie, the spokesman for a pro-Trump PAC, defended the idea of a federal registry of Muslims by citing the World War II–era internment of Japanese Americans as a precedent, weakly adding “call it what you will, it may be wrong”:

Megyn Kelly immediately leaped on this, and Higbie quickly declared that he did not in fact favor internment camps. The video then went viral.

The video also gave me a dose of deja vu. Last December, shortly after Trump started pitching the idea of keeping Muslims out of America, this exchange took place on Good Morning America:

DONALD TRUMP: What I’m doing is no different than what FDR— FDR’s solution for German, Italian, Japanese…

GEORGE STEPHANOPOULOS: So you’re for internment camps?

TRUMP: This was a president highly respected by all. He did the same thing. If you look at what he was doing, it was far worse. I mean, he was talking about the Germans because we’re at war. We are now at war. We have a president that doesn’t want to say that…

STEPHANOPOULOS: I’ve got to press you on that, sir. You’re praising FDR there. I take it you’re praising the setting up of internment camps for Japanese in World War 2?

TRUMP: No, I’m not. No, I’m not. No, I’m not. Take a look at Presidential Proclamations 2525, 2526, and 2527—having to do with alien Germans, alien Italians, alien Japanese—and what they did. You know, they stripped them of their naturalization proceedings. They went through a whole list of things. They couldn’t go five miles from their homes. They weren’t allowed to use radios, flashlights. I mean, you know, take a look at what FDR did many years ago. And he’s one of the most highly respected presidents by—I mean, respected by most people. They name highways after him.

The good news, I guess, is that Trump said he wasn’t in favor of the camps. The bad news is that he thought Hey, at least it’s not as bad as this stuff that FDR did! was a compelling argument, just as Higbie seemed to think It may be wrong, but it’s a legal precedent! would be a compelling argument last night. Is this the way the next four years are going to go? “I’d like to point out that this bill is not nearly as restrictive as the Alien and Sedition Acts.” “You may not like the Palmer Red Raids, but you must admit they showed this could be done.” “Eisenhower was president when COINTELPRO started, and they’ve got a memorial to him right here in D.C.!”

You want some more bad news? Korematsu v. United States—the 1944 Supreme Court decision that declared the Japanese internment camps constitutional—is still technically the law of the land. Sleep tight, mates.

Bonus link:America’s Other World War II Internment Camps.”

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This Professor’s List of ‘Fake News’ Sites Goes Predictably Wrong

CensorshipWhen a rash of news stories and analysis suggested that Facebook has a “problem” with “fake news” from pretend media outlets and wondered if something needed to be done about it, I warned about the potential consequences. In short: If Facebook were to decide to start censoring the sharing of “fake news,” there would be a scramble to define what “fake” was in a way that could lead to censorship of other content.

It turns out the attempt to broaden the definition of “fake news” is already happening.

In a way, describing Assistant Professor Melissa Zimdars’ list of online outlets to be wary of as a list of “fake news” sites is itself a little misleading. But that is how the non-fake news outlets are describing her work. Zimdars, a communications professor at Merrimaack College in Massachusetts, put together a list of what she calls “False, Misleading, Clickbait-y, and/or Satirical ‘News’ Sources.'”

Only two of those modifiers suggest actual faked news—”false” and “satirical.” The other two words are judgment calls that we make ourselves as readers. Nevertheless, reporting is describing Zimdars’ work as a list of “fake news” sites. And there are now web browser extensions that create pop-ups to warn visitors when they’re looking at stories from one of these sites. This one by Brian and Feldman at New York Magazine uses Zimdars’ list as a foundation.

But Zimdars’ list is awful. It includes not just fake or parody sites; it includes sites with heavily ideological slants like Breitbart, LewRockwell.com, Liberty Unyielding, and Red State. These are not “fake news” sites. They are blogs that—much like Reason—have a mix of opinion and news content designed to advance a particular point of view. Red State has linked to pieces from Reason on multiple occasions, and years ago I wrote a guest commentary for Breitbart attempting to make a conservative case to support gay marriage recognition.

So what happens if Facebook staff were to look at Zimdars’ list and accept it and decide to censor the sharing of headlines from these sites? It’s within Facebook’s power and right to do so, but it would be a terrible decision on their end. They wouldn’t just be preventing the spreading of factually incorrect, fabricated stories. They would be blocking a lot of opinionated analysis from sites on the basis of their ideologies. The company would face a backlash for such a decision that could impact their bottom line.

Reporting on the alleged impact of fake news on the election is itself full of problems. BuzzFeed investigated how well the top “fake” election news stories performed on Facebook compared to the top “real” election news stories. The fake stories had more “engagement” on Facebook than stories from mainstream media outlets. There’s basic problems with this comparison—engagement doesn’t mean that people read the stories or even believed them (I know anecdotally that when a fake news story shows up in my feed, the “engagement” is often people pointing out that the story is fake).

There’s also a problem when you look at the top stories from mainstream media outlets—they tend toward ideologically supported opinion pieces as well. Tim Carney over at The Washington Examiner noted that two of the top three stories are essentially opinion pieces:

Here’s the top “Real News” stories: “Trump’s history of corruption is mind-boggling. So why is Clinton supposedly the corrupt one?” As the headline suggests, this is a liberal opinion piece, complaining that the media doesn’t report enough on Trump’s scandals.

No. 2 is “Stop Pretending You Don’t Know Why People Hate Hillary Clinton.” This is a rambling screed claiming that people only dislike Clinton because she is a woman.

So in an environment where “fake news” is policed by third parties that rely on expert analysis, we could see ideologically driven posts from outlets censored entirely because they’re lesser known or smaller, while larger news sites get a pass on spreading heavily ideological opinion pieces. So a decision by Facebook to censor “fake news” would heavily weigh in favor of the more mainstream and “powerful” traditional media outlets.

The lack of having a voice in the media is what caused smaller online ideology-based sites to crop up in the first place. Feldman noted that he’s already removed some sites that he believes have been included “unfairly” in Zimdars’ list. His extension also doesn’t block access to any sites in any event. It just produces a pop-up warning.

But Zimdars’ list is a very important reminder that once we start talking of trying to stop the spread of “fake” news, what’s actually going to happen is going to bad very quickly. These decisions of what is and is not fake will not stay defined to factual accuracy. And it will be based on somebody else’s idea of what is and isn’t fake, and the biases that come from such analysis.

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