Sunday, December 23, 2018
The End Stage of the Democratic Party Platform for Women
Law in Failure: The Entire Lawyer Profession is a Rent Seeking Scam
They Will be Shooting the Wrong People
This program will fail. They are shooting the wrong people, to drop the crime rate.
https://www.bloombergquint.com/business/license-to-kill-policing-to-get-a-trial-run-in-rio-de-janeiro#gs.3wqpz=s
Monday, November 19, 2018
Lawfare in Japan
http://www.msn.com/en-us/money/companies/nissan-chair-ghosn-dismissed-held-on-misconduct-charges/ar-BBPRPJc?ocid=ientp
Saturday, November 17, 2018
Machines Should Not Emulate Living Functions
This robot imitates a person. It even looks like a person with legs, arms, and hands. Go back to the drawing board. It should be a cheaper robot specific to installation of gypsum boards. It should carry 10 of them up front. Move them into place, and punch nails into the studs. The framing studs should be standardized to accommodate it. Things that do a lot of tasks do none well. For example an amphibious car does neither task well.
Better yet, such work should be done at a specialized factory. I once watched a condo being built. They would slide an entire long narrow floor into place on sleds. Each floor took a couple of days to install.
https://phys.org/news/2018-11-humanoid-robot-prototype-hrp-5p-capable.html
Negligent Resuscitation Resulting in Pain and in Cost
Saturday, November 3, 2018
Lawyer Profession Myths and Intentional Falsehoods
Adversarial System is a good way to find the truth. It originated in the Disputation Method of Scholasticism. It was cool in 1275 AD. Today it is ridiculously invalid. It is a joke given modern knowledge. It lacks even the most basic measurement of validity. The disputation method is a Catholic Church methodology. Its content violates the Establishment Clause. Scholasticism was an attempt to prove the existence of God through the study of nature. That aim was given up in 1300, when Occam debunked it. Faith validates the existence of God. The adversarial method becomes a competitive game, like basketball. It depends on the skill of the lawyer on each side. That skill easily overwhelms the facts and promotes the reliance on procedure. It does guarantee nice incomes for 3 lawyers, the plaintiff, the defense, and the judge in the middle.
The jury is a good lie detector. The jury is a detector of likability and of feelings. Even lie detectors measuring physiological reactions to lying have been banned. They have no validity except for entertainment purposes, like on the Maury Show. The feelings of jurors, who know nothing about complicated technical subjects, will decide based on feelings, like pity for the plaintiff. The jury was a great advance in the year 1000 AD. It replaced the wisdom of the crowd for the feelings, biases, and self interests of the judge.
Letter to Defense Lawyer in Suicide Malpractice
I am a psychiatrist in Pennsylvania. I am interested in your case. I cannot serve as an expert witness. However, I can help you be more effective in using your defense expert witness.
1) As a matter of policy, these lawsuits deter doctors from helping the most needy and dangerous patients;
2) they violate Frye;
3) Lorazepam is often used to calm intensely suicidal patients; people who get agitated do so on first use (like we have five drinks, most of us want to sleep, a few of us want to fight);
4) unforeseen intervening causes should be put in evidence, this element of torts is often neglected by the defense;
There would be no charge to you, if you want any brief record reviewed, including toxicology or expert reports.
Tuesday, October 30, 2018
I Suggested Doing This at the Outset, Sexual Misconduct Charges against Mueller
https://www.msn.com/en-us/news/us/special-counsel-refers-scheme-targeting-mueller-to-fbi/ar-BBP7upf?ocid=spartanntp
I Now Oppose the Death Penalty. I Support the Italian Death Penalty.
Instead of $million spent on appellate lawyers, their legal scams, and years taken to execute someone in the US, this is better. A guard waves a carton of cigarettes. The disruptive and violent inmate is stabbed 50 times. The investigation of the incident results in a conclusion, suicide.
https://www.dailymail.co.uk/news/article-6334189/Boston-gangster-Whitey-Bulger-killed-bars.html
Sunday, October 28, 2018
Addiction before Puberty
A Washington Post story about an 8 year old heroin addicton won a Pulitzer Prize. It was false, and the newspaper returned the prize, and fired the reporter.
All that is out the window with video addiction. I used to say, "Try taking a tablet away from a 4 year old, you will see addiction." Then this video came along:
https://www.youtube.com/watch?v=f_MNMKyI3j8
Saturday, October 27, 2018
To Get the Legislative Intent
If this has never been done, is there any procedural or constitutional obstacle to such a tactic? Naturally, both sides should be allowed to do an interview and to present their results, before a tribunal.
The Trial Itself Violates the Daubert Standard
Next, the lawyer hobbles the most experienced person in court, the judge. This is the oldest lawyer, who may have done the jobs of the lawyers, and has the biggest experience. If he so much as drives by the crime scene, you will crush the judge. Why? The trial is a fictional play. Any attempt to introduce real facts cannot be tolerated.
The criminal law, is in utter failure. It has a high false negative rate (1 in 10 major crimes is prosecuted). It has a high false positive rate (there is 1 exoneration for every 5 executions). It uses methods from the 13th Century, when anyone else trying to would be arrested as a threat to public safety.
Here is one potential remedy. I propose to exclude all lawyers from all benches, legislative seats and responsible policy positions in the executive. Waiting for that to come about, an intermediate remedy would be to end all self-dealt immunities. Prosecutors and judges should be held to professional standards of due care. They qualify for strict liability because their sole product is punishment. However, that would be too draconian and would ruin them.
There is no justification for prosecutorial or judge immunity from either defendant nor from future crime victims. I find it funny when ALI types dispute this idea as a potential cause of litigation explosion.
MERSA - Al Qaeda Weapon of Mass Destruction
Proportioality in the Arithmetic of Sentencing for Fraud and Other Financial Crimes
What about stealing $850,000? That is about an eighth of a human life. If the life expectancy is around 80 years these days, the defendant should serve an eighth of a human life or 10 years. During that time, he should be as productive as possible at whatever occupation, make as much money as he can. Say, he makes $425,000 as a hedge fund trader from prison. He may repay that amount and have his sentence reduced by a half. This person is not being incapacitated because of his physical danger to others, but because of his lack of good judgment and morals. He should do well in the structured setting of the prison.
Study: Child Porn Reduces Child Abuse, Then, Commentary
This is a list of the legality in the nations of the world, here. This list would be useful for cross national comparisons when populations are similar.
The federal law is reviewed here.
It is indisputable that prosecution for child porn viewing is a big lawyer business.
The policy justification for this law is that buying child porn results in more production. Production is child sexual abuse. To be charitable, that conclusion is not a settled scientific question.
Should laws meet Daubert standards? If a law does not, should it be declared unconstitutional? The law may be based upon or emanate from an expression of religious faith, in violation of the Establishment Clause. Or, it may be based on false, anti-scientific assumptions, violating the procedural due process right of the defendant to a fair hearing.
See here. See the article here.
Study: Making Pornography More Accessible May Curb Child Abuse
By Alice Park Thursday, December 2, 2010 |
Whether pornography is an expression of free speech or a form of exploitation remains a hotly debated issue, and new research may only stir up the controversy further.
Scientists led by Milton Diamond at the University of Hawaii found that easing access to sexually explicit material may help lower sexual abuse of youngsters. Diamond's group compared rates of various crimes, including sexual abuse, murders, assaults and thefts, both before and after the fall of the communist regime in the Czech republic. Before a more liberal government gained power in the country in 1989, all forms of sexually explicit material, including magazines such as Playboy, were banned, and all nudity was considered pornographic. (More on Time.com: Will Polygamy Be Legalized in Canada?)
The new government, however, passed a law allowing some expressions of nudity, including child porn, and when Diamond and his group compared rates of child sexual abuse both before and after the communist regime was in power, they found that there were fewer cases of abuse after pornography became more accessible.
The data support previous work that found similar trends when pornography laws were relaxed in Japan and Denmark. Coupled with the fact that rates of other crimes did not change in the same time period in the Czech Republic, Diamond speculates that the reason for the decline in child sexual abuse could be due to the fact that potential offenders were able to substitute child pornography for sexual acts themselves. (More on Time.com: Is Banning Pro-Pedophilia Books the Right Answer?)
But not all child abuse experts buy that theory, and take issue with the idea that child pornography, in any form, could be considered an antidote to sexual abuse. “The study and its findings are provocative,” says Dr. Cindy Christian, chair of the Committee for Child Abuse and Neglect for the American Academy of Pediatrics and chair of Child Abuse and Neglect Prevention at the Children's Hospital of Philadelphia, “but as a pediatrician I would never condone any child pornography even in order to protect other children from child sexual abuse.
Commentary:
http://www.daubertontheweb.com/
Now, the criminal law is far more prescriptive, bosses the entire population not just practitioners, and carries penalties that are harsh. (From the introduction of Section 2251, "Whoever, in the course of an offense under this section, engages in conduct that results in the death of a person, shall be punished by death or imprisoned for not less than 30 years or for life."
Then, shouldn't a law meet even more stringent criteria of reliability than mere influential expert testimony? If a law is meant to reduce child abuse by punishing its visual depiction and possession of such, but the opposite has taken place, shouldn't the law be voided as toxic and harmful itself. Here. Organized crime profits from high prices, and is the biggest beneficiary of the child pornography. Most of the child porn is produced in Eastern Europe, and one wonders about jurisdiction questions if the law is to prevent child abuse. May a US law have its biggest impact on foreign territory?
The law was passed in 1977. Since then, child sexual abuse has doubled, according to this review.
http://www.childwelfare.gov/pubs/statsinfo/nis3.cfm#national
In studies, porn consistently reduces the incidence of sexual crimes, including the sexual abuse of children.
http://healthland.time.com/2010/12/02/study-making-pornography-more-accessible-may-curb-child-abuse/
According to this academic institute, pics of children playing in a bathtub can be indicative of pornography, kids at the beach, splashing, and fully clothed in swimwear, can be indicative.
http://en.wikipedia.org/wiki/Copine_scale
One suspects feminist lawyers and rent seeking. However, beyond that suspicion, shouldn't a law be scientifically valid or overturned? The law against child porn is an example, but this question applies to all law making. The Supreme Court has surprisingly or not surprisingly addressed scientific validity of laws or regulations only once to my knowledge.
http://en.wikipedia.org/wiki/Massachusetts_v._Environmental_Protection_Agency
And the Supreme Court ruled that a law need not be scientifically valid to be upheld (What the ...!@#?), allowing the EPA to classify carbon dioxide as a pollutant. It is allowing faith based law making, even in the face of evidence of opposite effects to the intent of the statute.
Friday, October 26, 2018
PC Firings are Pretextual
Megan Kelly fired after blackface comment, but also low ratings:
https://www.youtube.com/watch?v=U7SEVSRHFiI&fbclid=IwAR0ZLOoeo4byD1JUFTj3bUWuBH2VpPXm2Nq6ICLk9iI2J4A7jNpmUrCBqVQ
Old writer at PBS:
https://www.msn.com/en-us/tv/news/pbs-writer-mumbles-not-bad-at-picture-of-duchess-meghan-markle-is-fired-lawsuit/ar-BBOWLZA?ocid=spartandhp
Moonves, genius manager who made $billions for CBS, would not leave when daughter of Gladstone took over:
https://www.hollywoodreporter.com/news/moonves-redstone-inside-poisonous-war-control-cbs-viacom-1101570
Producer of 60 Minutes:
https://www.nytimes.com/2018/09/12/business/media/jeff-fager-60-minutes-cbs.html
Roger Ailes and son of Murdoch, James:
https://www.washingtonpost.com/business/economy/a-big-divide-between-fox-news-ailes-sons-of-murdoch/2016/07/20/15094630-4ea8-11e6-a7d8-13d06b37f256_story.html?utm_term=.f3f94f91f2a9
PA Animal Cruelty Law Could Result in Prison for Researchers, for People Setting Out Rat Poison, for Hunters, for Fishermen
This Act covers "animals." Even if it were restricted to mammals, killing a rat with poison is punishable by prison time. How would you like it to die from bleeding from all organs, inside the wall of a house?
All animal medical research is not for the benefit of an animal, and is punishable by prison time. Eating a hamburger is a violation of this law, by its suborning of animal cruelty, as defined in this Act 10. It was signed by Gov. Wolf, running for re-election, to pander to animal rights extremists.
I plan to step on a bug, to record the crime, and to turn myself in. In prison, I will step on a cockroach, and have my 90 days sentence extended by another 90 days.
https://humane-pa.org/current-legislation-2/fact-sheets-about-pending-bills-2017/comprehensive-animal-cruelty-bill/?fbclid=IwAR233VkTYMReR0ePbbxZdWq6lqOcA3x73rLU8rNUa4X0ZtI0iFTsHTTSK2g
Wednesday, October 24, 2018
Harris County: Renting Sexbot Prohibited; Owning One OK
https://www.chron.com/news/politics/houston/article/Harris-County-adopts-new-rules-to-pre-empt-robot-13329896.php
Clown Costume Banned by City
https://www.ksat.com/news/no-clowns-allowed-michigan-city-bans-clowns-on-halloween