Law in Failure: The Crime Rate is a Marked Underestimate

 Crime has updated. It has moved to the internet. The lawyer profession has not. Official reports of crimes are garbage, lying government propaganda. We should get rid of the lawyer profession managment of crime. If crime decreases they lose jobs. They only protect the criminal, and never the victim. They arrest and crush the victims fighting back, as a threat to employment. All jurisidictions with low crime rates have only one feature in common. Some are rich or poor, some religious or secular, some crowded or sparse. All have public self help. The criminal is far more afraid of the public than of the police in low crime areas. It is time to unleash the only effective crime suppression, public self help. The public should be able to punish the criminal on the spot and have immunity from criminal or civil liability. The criminal should lose all substantive legal rights. 

The 8 common law crimes traditionally referred to in the FBI Uniform Crime Reporting (UCR) program are:

1. Murder and nonnegligent manslaughter

2. Rape

3. Robbery

4. Aggravated assault

5. Burglary

6. Larceny-theft

7. Motor vehicle theft

8. Arson

Summary of Unreported Crime Rates

Crime	Estimated Unreported Rate
Murder	<1%
Rape	60%–90%
Robbery	10%–25%
Assault (Battery)	25%–50%
Burglary	10%–15%
Theft (Larceny)	25%–40%
Arson	5%–10%
Vandalism	50%–70%

Excuse me, as to the 1% underreporting of murder. The number of unresolved Missing Persons Reports is 100000 a year. Some may be buried. 

🧭 What Happens to the Missing?

The reasons behind disappearances vary widely:

• Voluntary Disappearances: Some individuals choose to leave due to personal reasons, such as escaping abusive situations. For instance, Audrey Backeberg vanished in 1962 and was found alive in 2025, having lived under a new identity after fleeing an abusive marriage .People.com

• Involuntary Disappearances: Others may be victims of foul play, trafficking, or accidents. Indigenous communities, in particular, face a crisis with thousands of unsolved cases, often due to jurisdictional issues and systemic neglect .AP News+1AP News+1

• Unidentified Remains: Each year, thousands of unidentified bodies are recovered, many of which may be linked to missing persons cases. Efforts to identify these remains are ongoing, with organizations like NamUs assisting in matching unidentified bodies to missing persons .RedditNamUs+6NamUs+6WIRED+6

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🛠️ Challenges in Resolution

Several factors complicate the resolution of missing persons cases:

• Resource Limitations: Many law enforcement agencies are understaffed, leading to delays in investigations. For example, Harris County, Texas, has over 10,700 missing persons cases but fewer than 20 investigators .Houston Chronicle

• Underreporting: Certain demographics, such as Indigenous populations and people of color, often face underreporting and lack of media attention, exacerbating the issue .AP News

• Technological Gaps: While databases like NamUs exist, not all states mandate entries, and resources are limited, hindering comprehensive tracking and identification .NamUs+6WIRED+6NamUs+6

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🧩 The Path Forward

Addressing the missing persons crisis requires a multifaceted approach:

• Enhanced Reporting Systems: Mandating the use of centralized databases across all states can improve tracking and coordination.

• Community Involvement: Engaging local communities and utilizing social media platforms can aid in spreading awareness and gathering information.

• Policy Reforms: Implementing policies that ensure equitable attention to all missing persons cases, regardless of demographic factors, is crucial.

For more detailed information and resources, visit the National Missing and Unidentified Persons System (NamUs) at namus.nij.ojp.gov.

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Total Unreported Crime Rate

The unreported crime rate can vary by jurisdiction, societal attitudes, and law enforcement practices, but in general, the percentage of unreported common law crimes across the board can be high, especially for crimes like rape and vandalism.

Cyber and Technology-Driven Crimes

1. Cyberstalking
   Approximately 850,000 individuals are affected by cyberstalking annually in the U.S., with victims often being women under 35.

2. Identity Theft
   In 2022, the Federal Trade Commission received 1.1 million reports of identity theft, making it one of the most common forms of fraud.

3. Phishing and Online Fraud
   The FBI's Internet Crime Complaint Center (IC3) reported over 300,000 phishing incidents in 2022, leading to significant financial losses.

4. Ransomware Attacks
   Since 2021, the U.S. has identified over 4,900 ransomware attacks, resulting in more than $3.1 billion in ransom payments.

5. Hacking and Unauthorized Access
   While specific numbers vary, unauthorized access and hacking incidents remain prevalent, with thousands of cases reported annually to federal agencies.

6. Cryptocurrency-Related Crimes
   Losses from cryptocurrency-related frauds and scams surged by 45% in 2023 compared to 2022, reaching over $5.6 billion.

7. Revenge Porn / Non-Consensual Pornography
   Exact figures are challenging to determine due to underreporting, but advocacy groups estimate thousands of cases occur each year, prompting several states to enact specific legislation.

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White-Collar and Financial Crimes

8. Money Laundering
   The Financial Crimes Enforcement Network (FinCEN) receives over 2 million Suspicious Activity Reports annually, many related to potential money laundering activities.

9. Insider Trading
   The Securities and Exchange Commission (SEC) investigates and files dozens of insider trading cases each year, with 33 actions in 2022.

10. Tax Evasion
    The IRS estimates a tax gap of over $400 billion annually, with a significant portion attributed to underreported income and tax evasion.

11. Ponzi Schemes / Investment Fraud
    In 2022, investment scams, including Ponzi schemes, led to losses of $3.3 billion, surpassing business email compromise scams as the leading cause of digital crime losses.

12. Embezzlement
    While comprehensive national statistics are limited, embezzlement remains a common white-collar crime, with numerous cases prosecuted at federal and state levels annually.

13. Forgery and Counterfeiting
    The U.S. Secret Service investigates hundreds of counterfeiting cases each year, with millions of dollars in counterfeit currency seized.

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Digital & Social Media-Related Crimes

14. Online Harassment / Cyberbullying
    Surveys indicate that approximately 40% of U.S. adults have experienced online harassment, with higher rates among younger demographics.

15. Deepfake Distribution with Malicious Intent
    The proliferation of deepfake technology has led to a rise in related scams, with over 10% of surveyed business executives reporting attempted or successful deepfake fraud.

16. Social Media Fraud (e.g., Impersonation Scams)
    The FTC received over 95,000 reports of social media scams in 2021, with reported losses exceeding $770 million.

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Organized and Transnational Crimes

17. Human Trafficking
    In 2021, the National Human Trafficking Hotline received 10,583 reports involving 16,658 victims, though actual numbers are believed to be higher due to underreporting.

18. Drug Trafficking via Darknet Markets
    Law enforcement agencies have observed increased activity on darknet markets, with operations leading to significant drug seizures and arrests annually.

19. Terrorism (Domestic and International)
    The FBI and Department of Homeland Security investigate hundreds of terrorism-related cases each year, encompassing both domestic and international threats.

20. Smuggling (Weapons, Wildlife, Cultural Artifacts)
    Customs and Border Protection reports thousands of smuggling incidents annually, including seizures of illegal weapons, endangered wildlife, and cultural artifacts.

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Emerging/Hybrid Offenses

21. Swatting (Calling in Fake Emergencies)
    Swatting incidents have been on the rise, with the FBI reporting hundreds of cases annually, posing significant risks to public safety.

22. Synthetic Drug Production/Distribution (e.g., Fentanyl)
    The DEA seized over 15,000 pounds of fentanyl in 2021, highlighting the ongoing crisis related to synthetic opioids.

23. Environmental Crimes (e.g., Illegal Dumping, Pollution)
    The Environmental Protection Agency conducts numerous criminal investigations each year, with hundreds of cases leading to prosecutions for environmental violations.

24. Drone-Related Offenses (e.g., Illegal Surveillance)
    The FAA investigates thousands of drone-related incidents annually, including unauthorized flights and safety violations.

25. Biometric Data Theft
    As biometric technologies become more widespread, concerns over data breaches involving fingerprints, facial recognition, and other biometric data have grown, though specific incident numbers are not readily available.

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The estimated total number of modern crimes occurring annually in the U.S. is approximately 6,060,691.

Based on recent data, the estimated annual financial losses from modern crimes in the United States exceed $158 billion. Here's a breakdown of these losses by category:Financial Times+1Time+1

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💻 Cyber and Technology-Driven Crimes

• Total Cybercrime Losses: In 2023, Americans reported losses exceeding $12.5 billion due to various forms of fraud, including cybercrime. Axios+1MarketWatch+1

• Investment and Impostor Scams: These scams accounted for the largest financial losses, with consumers losing $5.7 billion and nearly $3 billion to each, respectively. Axios

• Scams Against Seniors: Older Americans reported losses of $3.4 billion in 2023, an 11% increase from the previous year. MarketWatch

• Impersonation Scams: Americans lost approximately $1.3 billion to impersonation scams in 2023, a record-breaking amount driven by fraudsters posing as government officials or tech support agents. Axios

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🏦 White-Collar and Financial Crimes

• Total Fraud Losses: The Federal Trade Commission (FTC) estimates that in 2023, as much as $158 billion was lost to all types of scams, up from $137 billion in 2022. Financial Times

• White-Collar Criminal Pardons: Recent reports indicate that certain presidential pardons have erased over $1 billion in restitution owed by wealthy white-collar criminals. The Guardian

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📊 Summary

Crime Category	Estimated Annual Losses
Cybercrime (including fraud)	$12.5 billion
Investment and Impostor Scams	$8.7 billion
Scams Against Seniors	$3.4 billion
Impersonation Scams	$1.3 billion
White-Collar Criminal Pardons	$1.0 billion
Total Estimated Losses	$158 billion

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These figures highlight the significant financial impact of modern crimes on individuals and the economy. If you're interested in more detailed information on specific crime categories or prevention strategies, feel free to ask.

 Government Benefits Fraud

• Estimated Annual Losses: Between $233 billion and $521 billion, encompassing both fraud and improper payments across federal programs. GAO+8GAO+8Downsizing the Federal Government+8

• Notable Programs Affected:

  • Unemployment Insurance: Fraudulent payments during the COVID-19 pandemic are estimated between $100 billion and $135 billion.

  • Earned Income Tax Credit (EITC): Approximately $12 billion in improper or fraudulent payments annually.

  • Supplemental Security Income (SSI): Around $4.6 billion in improper and fraudulent benefits each year.

  • Temporary Assistance for Needy Families (TANF): Approximately $1.7 billion in improper and fraudulent payments annually.

  • Child Care Programs: About $900 million in improper and fraudulent benefits each year.

  • Children's Health Insurance Program (CHIP): Over $800 million in improper and fraudulent payments annually.

  • Veterans Affairs: At least $800 million lost annually due to improper and fraudulent payments.

  • Universal Service Fund: Nearly $1.3 billion in improper and fraudulent subsidies each year. Ways and Means+4GAO+4Congressman James Comer+4Downsizing the Federal Government

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📊 Summary of Modern Crimes and Associated Losses

Crime Category	Estimated Annual Losses
Cyber and Technology-Driven Crimes	$12.5 billion
Investment and Impostor Scams	$8.7 billion
Scams Against Seniors	$3.4 billion
Impersonation Scams	$1.3 billion
White-Collar Criminal Pardons	$1.0 billion
Government Benefits Fraud	$233–$521 billion
Total Estimated Losses	$259–$547 billion

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 Medicare and Medicaid Fraud

• Medicare Fraud: Estimated losses are approximately $60 billion annually, encompassing fraud, errors, and abuse. Senior Medicare Patrol

• Medicaid Fraud: Estimates suggest that fraudulent payments amount to $50 billion annually, though this figure may also include improper payments. KFF

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Summary of Modern Crimes and Associated Losses

Crime Category	Estimated Annual Losses
Cyber and Technology-Driven Crimes	$12.5 billion
Investment and Impostor Scams	$8.7 billion
Scams Against Seniors	$3.4 billion
Impersonation Scams	$1.3 billion
White-Collar Criminal Pardons	$1.0 billion
Government Benefits Fraud	$233–$521 billion
Medicare Fraud	$60 billion
Medicaid Fraud	$50 billion
Total Estimated Losses	$369–$657 billion

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 Medicare and Medicaid Fraud

• Medicare Fraud: Estimated losses are approximately $60 billion annually, encompassing fraud, errors, and abuse. My WordPress

• Medicaid Fraud: Estimates suggest that fraudulent payments amount to $50 billion annually, though this figure may also include improper payments. My WordPress

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Summary of Modern Crimes and Associated Losses

Crime Category	Estimated Annual Losses
Cyber and Technology-Driven Crimes	$12.5 billion
Investment and Impostor Scams	$8.7 billion
Scams Against Seniors	$3.4 billion
Impersonation Scams	$1.3 billion
White-Collar Criminal Pardons	$1.0 billion
Government Benefits Fraud	$233–$521 billion
Medicare Fraud	$60 billion
Medicaid Fraud	$50 billion
Total Estimated Losses	$369–$657 billion

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Certainly! Here's an updated overview of modern crimes in the U.S., now including shoplifting, along with estimated annual financial losses:

Shoplifting

• Estimated Annual Losses: Retailers lost approximately $121.6 billion to retail theft in 2023, with projections indicating losses could exceed $150 billion by 2026. Capital One Shopping

• Estimated Annual Incidents: Hayes International estimates approximately 378 million shoplifting incidents occur annually in the U.S. Jack L. Hayes International, Inc.

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📊 Summary of Modern Crimes and Associated Losses

Crime Category	Estimated Annual Losses
Cyber and Technology-Driven Crimes	$12.5 billion
Investment and Impostor Scams	$8.7 billion
Scams Against Seniors	$3.4 billion
Impersonation Scams	$1.3 billion
White-Collar Criminal Pardons	$1.0 billion
Government Benefits Fraud	$233–$521 billion
Medicare Fraud	$60 billion
Medicaid Fraud	$50 billion
Shoplifting	$121.6 billion
Total Estimated Losses Unauthorized access to a computer in the United States is primarily prosecuted under the Computer Fraud and Abuse Act (CFAA), codified at 18 U.S. Code § 1030. This statute criminalizes various activities, including accessing a "protected computer" without authorization or exceeding authorized access, especially when done with intent to defraud or cause harm. 📊 Estimated Annual Incidents and Financial Impact Reported Incidents: In 2024, the FBI's Internet Crime Complaint Center (IC3) received 859,532 complaints of suspected internet crime. Federal Bureau of Investigation+1III+1 Financial Losses: These reported cybercrimes resulted in losses exceeding $16 billion in 2024. Federal Bureau of Investigation 🔍 Unreported Incidents While exact figures are challenging to determine, studies suggest that a significant portion of cybercrimes go unreported. For instance, a report indicates that 85% of cybercrimes may not be reported to authorities. Given this estimate, the actual number of cybercrime incidents could be substantially higher than reported figures. ********************************* Illegal Drug Use The consumption (use or possession) of illegal drugs is a crime under federal law, although enforcement and penalties vary based on the substance, amount, and circumstances. 📜 Federal Law Violated The primary federal law is the Controlled Substances Act (CSA), found in: 21 U.S. Code § 844 — Simple possession (personal use) of a controlled substance. This law makes it a federal crime to knowingly or intentionally possess a controlled substance without a valid prescription. 🚔 Is it a felony? First offense: usually a misdemeanor punishable by up to 1 year in prison and a minimum $1,000 fine. Second offense: can be a felony, with up to 2 years imprisonment and a minimum $2,500 fine. Third or more: may carry higher felony penalties, especially with prior drug convictions. Felony charges are more likely if: The possession involves larger quantities, suggesting intent to distribute. The person is found near schools, playgrounds, etc. There are weapons or other aggravating factors. 📊 How many times are illegal drugs used in the USA per year? According to the 2022 National Survey on Drug Use and Health (NSDUH) (latest available data): About 48.7 million people aged 12 or older (17.3% of the population) reported using an illicit drug in the past year. The total number of uses is not precisely counted, but estimates suggest billions of individual uses annually when accounting for frequent users. For example: Marijuana: ~41 million past-year users. Cocaine: ~4.8 million. Methamphetamine: ~2.5 million. Heroin: ~1 million. Misused prescription drugs (opioids, stimulants, etc.): ~8.5 million. Heavy or daily use (especially for marijuana or opioids) drastically increases the total number of "uses" per year. Illicit Drug Use in the U.S. (2022) Drug Type Past-Year Users (Millions) Percentage of Population Aged 12+ Marijuana 61.9 22.0% Hallucinogens 8.5 3.0% Prescription Pain Reliever Misuse 8.5 3.0% Cocaine 5.3 1.9% Prescription Tranquilizer/Sedative Misuse 4.3 1.5% Prescription Stimulant Misuse 2.7 0.9% Methamphetamine 2.7 1.0% Inhalants 2.3 0.8% Heroin 1.0 0.4% Note: Individuals may have used more than one type of illicit drug; thus, totals are not mutually exclusive.Get Smart About Drugs 🔄 Frequency of Use While the NSDUH provides data on the number of individuals who used illicit drugs in the past year, it does not specify the exact number of times each drug was used. However, considering the number of users and varying usage patterns (from occasional to daily use), it's reasonable to estimate that illicit drugs are used billions of times annually across the United States. ************************************** Violations of the rules of the road typically result in traffic citations or misdemeanors, but certain serious offenses are classified as felonies in the U.S. These generally involve endangering life, causing severe injury or death, or repeated dangerous conduct. ⚖️ Felony Traffic Violations in the U.S. Here are the main types: Felony Offense Explanation Vehicular homicide/manslaughter Causing death while driving recklessly, DUI, or criminal negligence Felony DUI / DWI DUI with prior offenses, serious injury/death, or driving with a suspended license Hit and run (resulting in injury/death) Leaving the scene of a crash involving injury or death Reckless driving (severe cases) Especially if causing injury or involving excessive speed Evading police (felony eluding) Fleeing law enforcement in a vehicle, especially at high speeds Driving with a revoked license (habitual) Particularly if tied to previous DUI or major violations Assault with a vehicle (road rage) Using a vehicle intentionally to threaten or harm someone Felony Traffic Violations Each Year Reliable nationwide data is not always categorized as "felony traffic violations", but we can estimate based on the most common categories: Offense Annual Incidents (Approx.) Source/Notes DUI arrests (all levels) ~1 million FBI Uniform Crime Reporting (UCR) DUI resulting in injury/death ~15,000–20,000 (fatal crashes) NHTSA Fatality Analysis Reporting System Hit and run (injury/death) ~2,000 fatalities annually AAA Foundation Felony reckless driving ~Tens of thousands (not well-tracked) Varies by state; many charged as misdemeanors Police pursuits (felony eluding) ~55,000 annually Bureau of Justice Statistics Vehicular homicide ~7,000–10,000 annually Based on NHTSA crash death data ⚠️ These are estimates. States define and report felonies differently. Not all DUI or hit-and-run cases rise to the felony level unless aggravating factors exist.   Street Racing a Felony? Street racing laws vary by state, but common felony triggers include: Causing injury or death: If a race results in serious injury or a fatality, drivers can face felony charges such as vehicular manslaughter. Repeat offenses: Multiple convictions for street racing or related offenses can elevate charges to felony status. Aggravating factors: Involvement of weapons, fleeing law enforcement, or causing significant property damage can lead to felony charges. Organizing or promoting races: Individuals who coordinate or promote illegal races may face felony charges, especially if the events are large-scale or result in harm. For instance, in Florida, a law effective July 1, 2024, imposes fines ranging from $1,000 to $2,000 for first-time street racing offenses. Repeat offenders within five years may face second-degree felony charges, with penalties up to 15 years in prison .The US Sun 📊 Estimated Annual Incidents of Illegal Street Racing Precise national statistics on illegal street racing are challenging to obtain due to underreporting and varying enforcement practices. However, available data and reports indicate: Fatalities: Street racing contributes to a significant number of traffic fatalities annually. For example, in 2022, speed-related crashes accounted for nearly 12,000 deaths in the U.S., and street racing is a notable contributor to these incidents . Arrests and Crackdowns: Law enforcement agencies across various states have conducted operations resulting in numerous arrests. For instance: In Oklahoma City, a mid-May 2025 crackdown led to the arrest of 114 adults and 40 youths involved in street racing activities . In Texas, during the 2023 Texas 2K drag racing event, over 100 individuals were arrested for participating in illegal street racing and reckless driving . Complaints and Reports: In 2024, the Colorado State Patrol received nearly 2,000 complaints related to illegal street racing, leading to 16 arrests .Injury Research CenterYahoo!ABC13 Houston+1Instagram+1Yahoo! 📍 State-Specific Laws and Penalties Street racing laws and penalties differ by state. Here are examples from a few states: California: Engaging in a speed contest is a misdemeanor, but if it results in injury or death, it can be charged as a felony with potential imprisonment. Texas: Participating in a street race can lead to misdemeanor or felony charges, especially if it involves injury, death, or repeat offenses. Florida: As mentioned, repeat offenses within five years can result in second-degree felony charges, with up to 15 years in prison . New York: Street racing is illegal and can lead to misdemeanor charges, but incidents causing serious injury or death can escalate to felony charges.The US Sun 📸 Recent Enforcement Actions Here are some recent examples of law enforcement actions against illegal street racing: Palm Beach County, Florida: A crackdown in February 2024 resulted in 7 arrests and 153 citations related to illegal street racing activities.WPEC Zapata, Texas: In April 2023, a man was arrested on a felony warrant for racing on a highway causing death.Laredo Morning Times+1Honolulu Police Department+1 Harris County, Texas: During the 2019 TX2K19 event, 4 individuals were arrested for illegal street racing.ABC13 Houston+2ABC13 Houston+2Instagram+2 Austin, Texas: In 2023, three suspects connected to "street takeovers" faced state jail felony charges.The US Sun+4KEYE+4Change.org+4 St. Petersburg, Florida: In 2023, 69 individuals were arrested in a street racing bust, with about half being juveniles.FOX 13 Tampa Bay+1Yahoo!+1 Broward County, Florida: In 2023, a trio was arrested for illegal street racing and intersection takeovers.NBC 6 South Florida Raleigh, North Carolina: A woman was charged with felony death by vehicle after a street racing incident led to a fatality.YouTube Chillicothe, Missouri: An illegal street race led to the arrest of a motorcycle driver.KTTN-FM 92.3 and KGOZ -FM 101.7 St. Petersburg, Florida: A father was charged for his son's death during an illegal street racing crash.FOX 13 Tampa Bay+1San Francisco Chronicle+1 Tucson, Arizona: Police continue to crack down on illegal street racing across the city.KGUN 9 Tucson News	$491.5–$779.5 billion

Daytime Sleepiness vs Dementia and the Case of President Biden

Dementia is the permanent, irreversible loss of the ability to form new memories, for exaample, today's date.

Daytime sleepiness from inadequate amounts of REM and Stage IV deep sleep is as impairing as intoxication on illegal alcohol blood levels. All the above functions can be affected as well. However, the remedy to daytime sleepiness is a good night's sleep. Another is a 30 minute nap. That is the limit of time for a nap to refresh, but to avoid spoiling that night's sleep. The other remedy for daytime sleepiness is modafinil 200 mg, pproved for sleepiness associated with inadequately treated sleep apnea.

I reviewed the case against "Fit for Duty" requirement for the police, punishing sleepiness at work. An accommodation for daytime sleepiness is imperative, especially if the job has caused the daytime sleepiness. The best is a 30 minute nap. An alternative is to take modafinil 200 mg for wakefulness, without effect on emotions or on thinking.

Biden has sleep apnea. He might have daytime sleepiness in the absence of a review of his medical record. Please, stop saying, Biden is demented. Biden should consider coming out about his sleep apnea, to help the majority of those with it who are untreated. It is not a disqualifying condition if treated with regular use of CPAP, implants, naps shorter than 30 minutes, and modafinil 200 mg in the AM. His doctor should provide that medication to cover the hours when alertness will be important.

As to slowing, the human body loses 0.5% of its dopamine neurons each year from birth, and movement slows from age 2. If fast movement is a requirement, then a 5-year-old should be president. Performance on cognitive tests peaks at age 16. In order to give a 40-year-old an IQ of 100, one must allow 50% of the right answers required at 16. Same thing, make a 16-year-old President if performance on a cognitive test is relevant to political leadership. As to trouble with word finding, the most common causes do not include dementia, but aging, language processing problems, inattention and distraction, stress and fatigue.

Remarks about the mental performance of President Biden are ad hominem remarks. They commit the Fallacy of Irrelevance. Biden should be criticized about his policies. On the other hand, did Biden make any of his decisions while sleepy? If Biden mistakes were made while sleepy, add them to the list of historic disasters caused by sleepiness.

Law in Failure: Prosecutorial Immunity Is Absolute, Despite Intentional Misconduct

 The innocent defendant spent 2 years in prison. The prosecutor told a witness to destroy exculpatory letters after a court order to produce them for the defense. The defendant sued the prosecutor. The Supreme Court granted absolute immunity to the prosecutor. Here. Libertarian magazine agrees. The judge can sanction the rogue prosecutor. The disciplinary counsel may as well for violating the special duties of the prosecutor. In reality, they never do, engaging in a collusion and a massive cover up of massive lawyer violations of the Rules of Conduct. 
  
Liability shrinks an enterprise. Immunity grows an enterprise. These decisions are unauthorized industrial planning. They are the job of a legislation. The legislation should keep out of it, since all industrial planning usually fails. Immunity should, at least, be limited to new, growing, and struggling enterprises. Examples are the early railroads and the internet in the 1990's. Once large and mature, all immunity should be removed. Criminal Prosecution is large, mature, established for 1000's of years. Neither judges nor prosecutors should be legally immune. Because of the dangerous nature of their acts, they qualify for strict liability. However, professional standards of due care will help them police themselves. An expert in their business would be required to testify they deviated from professional standards of due care. 

I would be interested in finding a case where an immune party was subjected to violence. I owuld like to introduce the superior, and compelling nature of formal logic into the legal system. The contrapositive of a true assertion is always also true. All bats are mammals (A then B is true). This animal is not a mammal, it cannot be a bat (not B then not A must be true, the contrapositive). Reviewed here. 

If you believe that legal liability replaced endless cycles of revenge violence, then legal immunity justifies endless cycles of revenge violence. I would like to make that point in an amicus brief for the defense of a violent act against an immune party. Legal liability was an invention that made civilization possible. One could stop spending all day on self protection and on retaliation for aggression by others. 

Law in Failure: Pretextual Criminal Prosecutions Are Torts and Apply to the Trump Prosecutions

 These are illegal, says the Supreme Court  in Gonzalez v. Trevino, 602 U.S. ___ (2024). This decision is highly relevant to the prosecution of President Trump. His lawyers should be suing the jurisdictions. The question is, would there be a prosecution if he were not running for office. Were others in similar circumstances prosecuted as well? If not, the prosecutors should be sued. 

Law in Failure: The Biggest Fraud Score in History, the COVID Caper, Allowed by the Lawyer Profession

 Covid. It was a flu like virus that affected people in proportion to their age. The young were little affected by it at all. If they were, they had mild flu like symptoms. 

It gave the elites around the world to attack their societies in hideous but highly profitable ways. They shut dow all transportation, including walking outside. They used men with guns, the police,  to impose this tyranny. The example was set by the smartest of them all, the Chinese hierarchy. This brilliance was imitated by left wing elites and politicians around the world with the same results. The Chinese tech billionaires scored an additional $2 trillion in income, the American ones, $1.7 trillion. They closed and bankrupted their local shopping competition. The scary John Hopkins COVID dashboard was a computer simulation, not a real count. There was no way they were based on instantaneous reports. 

In the US, a bounty was placed on case finding. Hard pressed hospitals were offere $35000 to subsidize the care of COVID per case. Thus everyone who died with COVID, and not just from COVID. the case number shot up, fueling the false panic in the left wing billionaire owned media. The governor of New York lowered the criteria to clinical assessment, rather than testing for COVID. So an accident victim who was heard to cough, could have OVID added to the death certificated for a $35000 payment. Any doctor questioning the veracity of the death certificated probably did not last long at his job. The usual 60000 deaths from the flu among vulnerable patients disappeared completely.

The federal government spent over $40 billion on the COVID vaccines. Naturally, none of the advertised benefits were true. Vaccinated people got multiple episodes of COVID. They also spread COVID to others.  ("In plain English, the shots were a colossal failure at preventing Covid [15]. Moreover, the Covid shots have caused an unprecedented number of severe adverse events, including at least one million deaths [16]. If the “swift action” that was taken in the past failed to arrest Covid, what then is proposed to stop future outbreaks?" 

Intelligent Israel and Palestine Unity Against Shia Iran, the Unity in Genetics

 See the article about the semitic genes of European Ashkenazi Jews. See the advanced technology of the 7th Century Arabs of Baghdad. Some was reached in Europe in the 19th Century. 

I do not understand why both nations are missing the obvious. Hamas and Hezbollah are funded and controlled by Iran, a Shia nation. The death toll has been a million, including the slaughter of mothers and children. Of course, killing a female prevents the birth of seven future enemies. 

One wonders why Hamas would use human shields. Simple. They are Sunnis. if they are killed by Israel, Iran wins. They kill Sunnis, and make Israel look like criminals against humanity. 

One wonders the intelligent Israelis have not bought out Sunni Palestinian leaders to unify against a mutual enemy, the Shia of Iran. If they are not persuaded, try bribery. It is far cheaper and more intelligent than the current plan. 

Oregon Licensing Board Mandates Reporting of Micro-Aggressions in the Health Setting

Here is the rule. 

Here is a legal analysis by Prof. Jonathan Turley. It focuses on the violation of the Free Speech Clause. 

This rule will have a disparate impact on whites and on those from cultures that are loud. It imposes a supremacist culture of British upper class stoicism. Disparate impact is evidence of discrimination according to Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, Inc.576 U.S. 519 (2015).

Law in Failure: Legal Immunity Justifies Violence in Formal Logic

This is from formal logic. It has more certainty than the laws of physics. The contrapositive of a true assertion is always true. All bats are mammals ( A then B is true). This animal is not a mammal, it cannot be a bat (not B then not A must be true). 

Legal liaibility for damages replaced endless cycles of violent revenge. The rule of law made civilization possible. People did not have to spend full time on personal safety anymore. They could engage in more productive activity. Productive activity enriched the human group. 

That means legal immunity justifies violent revenge for damages (the contrapositive, not B then not A is true). 

Law in Failure: Competing Theories of Death, Jury Bias, Fear of Civil Unrest -Problems with the Jury System

 The jury was a great advance in the 11th Century. It is less so now as described in this article. Here.

The remedy is to professionalize judges with their own judge schools. Allow them to investigatge the case. Then make them liabile for their mistakes. End the adversarial approach of the trial. It  imitates the Disputation Method of Scholasticism. Because the latter is a methodology of the Catholic Church, the adversarial system of trial violates the Establishment Clause. It is designed to generate fees for lawyers. It has no scientific reliability or validation statistics. It is wasteful and inaccurate. Most of the cases are settle by a plea deal. Trial procedures and othe incentives force innocent people into accpeting guilty pleas to avoid the risk and costs of a trial. The exoneration rate is far higher higher than 1 or 2%, as claimed. That rate does not count the iinocent defendants accepting a plea deal. 

Wow, Psychiatrist Serial Euthanizer, Still in Business, and At It

Dutch euthanasia for depression, in healthy people, one as young as 16. Wow. Depression at that young age has a good chance of just going away with age even if nothing works. There is a good chance of misdiagnosis. Mood disorder at such a young age (average onset age is 39) is likely the onset of bipolar disorder. The latter tends to not respond to the treatments for unipolar depression. 

There is no mention that these patients in the article have had the list of treatments for treatment resistant depression. The best is ECT. Ketamine infusion is FDA approved. It works in 45 minutes, not in 45 days like anti-depressants. It stops suicidal urges even in people whose depression does not improve. There are multiple mood stabilizers that stop suicidal ideas, aripiprazole, clozapine, brexpiprazole, and several others. These should be enhanced by regular exercise, a proven treatment for depression. 

The average psychiatrist who has run out of treatments for resistant depression, will then start over. One will ask, is a physical condition presenting as depression being missed. One organizes the 500 cuases by systems, endocrine, infectious, cardio-vascular, such as anemia, nutritional. All depressed patients should have normal or high levels of Vitamin D, and of folic acit (Vitamin B9). People with good folic acid levels had suicide rates 40% lower than those with a deficiency. Infections include Lyme disease, bartonella, and many others. That includes changes in gut microbiome. 

FDA Petition to Place Sertraline 25 mg Over the Counter

 Dockets Management Branch

Food and Drug Administration

Department of Health and Human Services, Room 1-23

12420 Parklawn Drive

Rockville, MD 20857

Dear Commissioner:

CITIZEN PETITION

This petition is submitted pursuant to 21 C.F.R. § 10.30. This petition requests that the 

Commissioner of Food and Drugs place sertraline 25 mg over the counter, available without a prescription for the treatment of post traumatic stress disorder (PTSD), an FDA approved indication. 

A. ACTION REQUESTED

For the reasons discussed in Section B, this petition requests the Commissioner to do the following:

1. Place sertraline 25 mg over the counter, for post-traumatic stress disorder, an FDA approved indication. It is approved in patients down to age 6. 

2. Require that makers of it include a consumer package insert written at the 6th grade reading level. It should add that a small fraction of people may get anxious or agitated day 1 or 2. Such agitation may lead to dangerous acts, and that such people should stop taking it. This warning is not in the current package insert, but should be. 

B. STATEMENT OF GROUNDS

1. Motivation for this Petition

Petitioner is a board-certified psychiatrist with patients. Petitioner may legally stand in for his patients’ medical interest in federal court. He intends to seek declaratory relief and to  enjoin the FDA if it fails to put this petition in action. FDA obstructionism kills thousands of Americans a year. 

Petitioner respectfully requests that the Commissioner

1. End the prescription requirement to obtain sertraline 25 mg tablets. 

2. Makers should require that makers of it include a consumer package insert written at the 6th grade reading level. It should add that a small fraction of people may get anxious or agitated day 1 or 2. Such agitation may lead to dangerous acts, and that such people should stop taking it. This warning is not in the current package insert, but should be. 

According to the CDC ( https://www.cdc.gov/nchs/data/databriefs/db478.pdf ), PTSD is prevalent in 6% of the population. That rate makes it one of the most common psychiatric condition. 

According to the National Center for PTSD, about 6% of the general population will experience PTSD at some point in their lives. However, the likelihood of developing PTSD varies widely depending on the specific traumatic event and individual circumstances.

Here are some estimates of PTSD prevalence among trauma victims:

- Sexual assault: 50-90%

- Combat veterans: 11-20%

- Natural disasters: 4-20%

- Car accidents: 2-10%

- Physical or emotional abuse: 20-50%

(See: - Sexual assault survivors: Foa, E. B., & Rothbaum, B. O. (1998). Treatment of posttraumatic stress disorder. Journal of Clinical Psychology, 54(2), 171-182.

- Combat veterans: Kang, H. K., & Hyams, K. C. (2005). Mental health care needs among recent theater veterans. Journal of Psychiatric Research, 39(5), 459-466.

- Natural disaster survivors: Galea, S., Nandi, A., & Vlahov, D. (2005). The epidemiology of posttraumatic stress disorder after disasters. Epidemiologic Reviews, 27, 78-91.

- Car accident survivors: Blanchard, E. B., & Hickling, E. J. (2004). After the crash: Assessment and treatment of motor vehicle accident survivors. American Psychological Association.

- Physical or emotional abuse survivors: Heim, C., & Nemeroff, C. B. (2001). The role of early life experiences in the development of depression. Molecular Psychiatry, 6(1), 14-27. )

There is a racial disparity in the prevalence of PTSD. 

Here are some racial disparities in PTSD rates ¹:

- Blacks: 8.7%

- Hispanics: 7.0%

- Whites: 7.4%

- Asians: 4.0%

(See: https://pubmed.ncbi.nlm.nih.gov/20346193/ )

The likelihood of 12 million people going to their health providers for the treatment of PTSD is not realistic. What is more realistic is the likelihood of self diagnosis using multiple available rating scales ( from:  https://www.ptsd.va.gov/ ). 

1. PTSD Checklist for DSM-5 (PCL-5)

The PCL-5 is a self-report measure that assesses the 20 DSM-5 symptoms of PTSD. It asks you to rate how much you've been bothered by each symptom in the past month on a scale from 0 (not at all) to 4 (extremely).

2. Davidson Trauma Scale (DTS)

The DTS is a 17-item self-rating scale that measures the frequency and severity of PTSD symptoms. You rate each symptom based on how often you experienced it and how severe it was over the past week.

3. PTSD Symptom Scale - Self-Report Version (PSS-SR)

The PSS-SR is another self-report questionnaire that evaluates the presence and severity of PTSD symptoms based on the DSM criteria. It includes questions about re-experiencing, avoidance, and hyperarousal symptoms.

This lack of access is especially troublesome for racial minorities. They face race based traumatic stress and racially motivated less access to healthcare, in additional to all the ordinary traumatic events.

 "Racism and Health" by Minority Health, CDC ( https://nihcm.org/publications/systemic-racism-health-care-covid-treatment )

- "Systemic Racism in Health Care" by theSkimm ( https://www.theskimm.com/wellness/systemic-racism-in-health-care )

- "Systemic Racism and Minority Disparities in Health Care" by The Bridge: Interdisciplinary Perspectives on Legal & Social Policy ( https://www.cdc.gov/minorityhealth/racism-disparities/index.html )

- "Systemic Racism & Health Care, COVID & Treatment" by NIHCM ( https://digitalscholarship.tsu.edu/thebridge/vol6/iss3/1/ )

They could then begin effective, FDA approved  treatment with sertraline 25 mg over the counter. Black patients are more impacted by the systemic racism of access to treatment. Only 19% get any form of treatment at all. The consequences of untreated PTSD include the following:

- Increased symptom severity

- Longer recovery time

- Physical health problems, such as:

- Chronic pain

- Headaches

- Gastrointestinal issues

- Heart disease

- Diabetes

- Autoimmune diseases

- Substance abuse

- Relationship problems

- Work and financial problems

- Depression

- Anxiety

- Suicidal thoughts

- Anger and aggression issues

- Cardiovascular and autoimmune diseases

- Obesity

- Metabolic syndrome

- Cognitive impairment

https://www.sabinorecovery.com/what-happens-if-ptsd-is-left-untreated/ 

https://healthmatch.io/ptsd/what-happens-if-ptsd-is-left-untreated 

Far from reducing interest in the psycho social and effective cognitive behavioral treatment of PTSD, such availability will increase it. Availability may also replace the currently harmful remedies of drinking alcohol, and of smoking marijuana. 

Sertraline is far safer in use and in overdose than any other over the counter drug now available, once patients are warned about the low rate of agitation of 1 in 100. It has very few drug-drug interactions with other prescribed and OTC medications. 

4. Why the Current FDA Regulations Must be Changed

Discrimination in medicine is a medical practice that includes both differential treatment on the basis of a protected class (disparate-treatment discrimination) and treatment on the basis of inadequately justified factors that disadvantages a particular group (disparate-impact discrimination).(National Research Council (2004). Measuring Racial Discrimination. The National Academies Press, Washington, DC. p. 40. Available at http://www.nap.edu/catalog.php?record_id=10887 (last accessed Feb. 20, 

2012))

Disparate treatment involves intentional discrimination and is per se unconstitutional. Statistical disparity is sufficient for a legal showing of discrimination. ( Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 US ____ (2015).) In contrast, a determination as to the legality of disparate-impact discrimination depends upon whether the practice is supported by a sufficiently compelling reason and whether alternative processes exist that would not give rise to disparities. Disparate-impact liability mandates the “removal of artificial, arbitrary, and unnecessary barriers . . .” ( Griggs v. Duke Power Co., 401 US 424, 431 (1971)).

Petitioner contends that the current FDA regulations governing the use of sertraline are 

unconstitutional because they discriminate against individuals with mental illness, prohibiting such groups of individuals from obtaining what often is the only effective medication available to treat or control their symptoms.

In terms of disparate impact, the current FDA regulations have the effect of discriminating against  individuals with mental illness and of black patients, by prohibiting them from the use of an effective treatment. There is no compelling reason why such a prohibition should exist, especially given the fact that sertraline is safer than all over the counter medications in use and in overdose. 

Petitioner also contends that the current FDA regulations governing the use of  are 

unconstitutional because they constitute an undue burden by placing a substantial obstacle in the  path of millions patients seeking unavailable treatment for PTSD. In Planned Parenthood of Southeastern Pennsylvania v. Casey, the Supreme Court defined undue burden as an invalid provision of law whose purpose or effect is to place a substantial obstacle in the path of a patient seeking treatment. ( Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 US 833 (1972).) The Supreme Court further refined the definition in Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292, 2309 (2016), in which the Court held that it was “wrong to equate the judicial review applicable to the regulation of a constitutionally protected personal liberty with the less strict review applicable [in other contexts.” In other words, the undue burden test is a form of heightened scrutiny that rejects the judicial deference to legislative claims afforded under the rational basis test even if the benefits are minimal or the laws is unnecessary to achieve them. The test articulated in Whole Woman’s Health has three requirements: 

1) the law must actually further a valid state interest; 

2) the benefits of the law must outweigh the burdens imposed by the law; 

and, 

3) there must be an evidence-based inquiry based on reliable methodology. 

Whole Woman’s Health v. Hellerstedt, 136 S. Ct. 2292, 2309 (2016) issued in the context of a woman’s right to seek an abortion, they are broadly applicable to cases in which laws limit individual rights when their constitutionality depends on whether the law is actually advancing valid interests in a way that justifies the harm placed on the individual. Here,  it may be argued that the regulations at issue further a valid state interest in that they seek to minimize the risk of sertraline. 

With respect to the third requirement, the Court held that “The statement [] that legislatures, and not courts, must resolve questions of medical uncertainty is also inconsistent with this Court’s case law.” Thus, Petitioner believes the prescription requirement for sertraline 25 mg constitutes an undue burden and consequently an unconstitutional regulation. Petitioner is confident that should the FDA refuse to place sertraline 25 mg over the counter, the current regulations would not withstand a disparate-impact discrimination challenge brought by Petitioner on behalf of his patients under Title II of the Americans with Disabilities Act Amendments Act of 2008. Should Petitioner’s petition be denied, Petitioner also intends to pursue an undue burden challenge, which, given recent jurisprudence, Petitioner believes the will not survive. Petitioner prays that wisdom will prevail, making initiation of such a challenge unnecessary.

5. Public Benefit of Action

The actions in this petition have great public benefit. Petitioner finds it difficult to put into words how significant the increase in quality of life for those patients will be. The savings in terms of societal and social costs are difficult to quantify but would be significant. In addition, adopting these requests will decrease the disparity that currently exists with respect to the use of second-generation antipsychotics in the treatment of schizophrenia, which, as noted above, is an acute problem in the United States; as the Department of Health and Human Services noted, “‘the combined costs of health inequalities and premature death in the United States were $1.24 trillion’ between 2003 and 2006.”26 Finally, the requests herein are fully aligned with the HHS’s goals 

7. Request for Action as Direct Final Rule

FDA regulations at 21 C.F.R. § 10.40(e)(1) provide that “[t]he requirements of notice and public procedure . . . do not apply . . . [w]hen the Commissioner determines for good cause that they are . . . unnecessary . . .”28 This FDA exemption mirrors a similar exemption in the Administrative Procedure Act (“APA”).29 When enacting the APA exemption, Congress stated that the “lack of public interest in rule-making warrants an agency to dispense with public procedure.”30 Here, as there appears to be no question of law or fact in dispute, the Commissioner may dispense with advance notice and opportunity for comment. Therefore, Petitioner requests that the FDA effect creation of a national registry for clozapine patients having benign ethnic neutropenia and the proposed changes to package inserts and regulations by direct final rule.

C. ENVIRONMENTAL IMPACT

FDA regulations at 21 C.F.R. § 10.30 require Petitioner to prepare an environmental assessment under 21 C.F.R. § 25.40. However, an environmental assessment is not necessary here. 21 C.F.R. § 25.40 defines environmental assessment as “a concise public document that serves to provide sufficient evidence and analysis for an agency to determine whether to prepare an [environmental impact statement] or a [finding of no significant impact].” (21 C.F.R. § 25.40; see also 40 C.F.R. § 1508.9.)  The environmental assessment fulfills the FDA’s obligations under the National Environmental Policy Act of 1969 (“NEPA”).32 NEPA requires all federal agencies to assess the environmental impact of their actions “significantly affecting the quality of the human environment.” ( 42 U.S.C.A. § 4332.) The requests embodied in the instant petition have no environmental implications. Consequently, no environmental assessment is warranted. 

D. ECONOMIC IMPACT

Pursuant to 21 C.F.R. § 10.30, information under this section is to be submitted only when 

requested by the Commissioner following review of the petition.

(Id. at p. 8.; 28 21 C.F.R. § 10.40(e)(1); Administrative Procedure Act, 5 U.S.C.A. § 553(b)(B). S. Doc. No. 248, 79th Cong., 2d Sess. at 200 (1946); SW Environmental Impact Statements, 38 Fed. Reg. 7001 (Mar. 15, 1973), amended by 42 Fed. Reg. 19986 (Apr. 15, 1977) and 50 Fed. Reg. 16636 (Apr. 26, 1985).)

E. CERTIFICATION

The undersigned certifies that, to the best knowledge and belief of the undersigned, this petition includes all information and views on which the petition relies, and that it includes representative data and information known to Petitioner that are unfavorable to the petition.

F. CONCLUSION

For the foregoing reasons, Petitioner requests that this petition be granted and that the 

Commissioner contemporaneously require modifications to package inserts and FDA guidance and regulations to place sertraline 25 mg over the counter.

Respectfully submitted,

David Behar, M.D.

Law in Failure: Nitpicking and Pretextual Litigation Must be Criminalized; the Trump Criminal Conviction

 The penalty for lawyer nitpicking and for pretextual litigation, criminal and civil, should those of perjury. All three are meant to deceive, to manipulate, and are misleading. One is criticizing some mistake, when the real intent is to achieve something else. In the case of Trump convictions, the real aim is to stop his -re-election. One question to ask is, if Trump were not running, would the prosecution have proceeded? The answer is no. Therefore, the prosecutors, and their enabling judge and jury are lying in a tribunal. All should be prosecuted for perjury. The prosecutors and the judge are also guilty of Honest Services Fraud because they are paid by the taxpayer for protection from real criminals. 

Law in Failure: We do Not Know Which Way the Jury Will Go

 The claim is that the jury will review the facts, the defenses, and the law. The jury will weigh the burden of proof, and whether it has been met. Those prcesses should make all verdicts absolutely predictable.  The unpredictability of the verdict means that none of those processes are taking place. What is taking place is the applicaton of the feelings of people from the street. They know nothing about the questions of the trial. If they like the defendant, the verdict will be not guilty. 

Only half the murders are prosecuted, about 12000 a year. Verdicts decide very high stakes outcomes. There is an average of about 35.36 exonerations per year for murder cases. It's important to note that the exoneration rate for murder cases is influenced by various factors, including the type of evidence used, the quality of legal representation, and the prevalence of official misconduct. For instance, a significant proportion of exonerations (55%) involved Black individuals, which may reflect systemic issues within the criminal justice system.

Because of the stakes in criminal cases, each process requires validation. None of the validation steps have ever been carried out for the Rules of Criminal Procedure. Studies of exoneration showing an error rate of 1%, underestimate the rate of false guiilty verdicts. Many innocent people choose the plea deal to avoid the risks and expenses of going to trial. The rate of false guilty verdicts is far higher than 1%. 

Reliability is required before validation. It means repeatability. Repeatability is the essence of scientific conclusions. 

Reliability Statistics:  (see this for more)

• Inter-rater reliability assesses the degree of agreement between two or more raters in their appraisals. For example, a person gets a stomach ache and different doctors all give the same diagnosis.^[5]: 71
• Test-retest reliability assesses the degree to which test scores are consistent from one test administration to the next. Measurements are gathered from a single rater who uses the same methods or instruments and the same testing conditions.^[4] This includes intra-rater reliability.
• Inter-method reliability assesses the degree to which test scores are consistent when there is a variation in the methods or instruments used. This allows inter-rater reliability to be ruled out. When dealing with forms, it may be termed parallel-forms reliability.^[6]
• Internal consistency reliability, assesses the consistency of results across items within a test.^[6]

Once a high rate or reliability in each of the above types, like over 80%, is established, validations must be proven. Go HereHere. 

Validity (statistics)

21 languages

From Wikipedia, the free encyclopedia

For other uses, see Validity.

Validity is the main extent to which a concept, conclusion, or measurement is well-founded and likely corresponds accurately to the real world.^[1][2] The word "valid" is derived from the Latin validus, meaning strong. The validity of a measurement tool (for example, a test in education) is the degree to which the tool measures what it claims to measure.^[3] Validity is based on the strength of a collection of different types of evidence (e.g. face validity, construct validity, etc.) described in greater detail below.

In psychometrics, validity has a particular application known as test validity: "the degree to which evidence and theory support the interpretations of test scores" ("as entailed by proposed uses of tests").^[4]

It is generally accepted that the concept of scientific validity addresses the nature of reality in terms of statistical measures and as such is an epistemological and philosophical issue as well as a question of measurement. The use of the term in logic is narrower, relating to the relationship between the premises and conclusion of an argument. In logic, validity refers to the property of an argument whereby if the premises are true then the truth of the conclusion follows by necessity. The conclusion of an argument is true if the argument is sound, which is to say if the argument is valid and its premises are true. By contrast, "scientific or statistical validity" is not a deductive claim that is necessarily truth preserving, but is an inductive claim that remains true or false in an undecided manner. This is why "scientific or statistical validity" is a claim that is qualified as being either strong or weak in its nature, it is never necessary nor certainly true. This has the effect of making claims of "scientific or statistical validity" open to interpretation as to what, in fact, the facts of the matter mean.

Validity is important because it can help determine what types of tests to use, and help to ensure researchers are using methods that are not only ethical and cost-effective, but also those that truly measure the ideas or constructs in question.

Test validity[edit]

Main article: Test validity

Validity (accuracy) [edit]

See also: Precision and accuracy

Validity^[5] of an assessment is the degree to which it measures what it is supposed to measure. This is not the same as reliability, which is the extent to which a measurement gives results that are very consistent. Within validity, the measurement does not always have to be similar, as it does in reliability. However, just because a measure is reliable, it is not necessarily valid. E.g. a scale that is 5 pounds off is reliable but not valid. A test cannot be valid unless it is reliable. Validity is also dependent on the measurement measuring what it was designed to measure, and not something else instead.^[6] Validity (similar to reliability) is a relative concept; validity is not an all-or-nothing idea. There are many different types of validity.

Construct validity[edit]

Main article: Construct validity

Construct validity refers to the extent to which operationalizations of a construct (e.g., practical tests developed from a theory) measure a construct as defined by a theory. It subsumes all other types of validity. For example, the extent to which a test measures intelligence is a question of construct validity. A measure of intelligence presumes, among other things, that the measure is associated with things it should be associated with (convergent validity), not associated with things it should not be associated with (discriminant validity).^[7]

Construct validity evidence involves the empirical and theoretical support for the interpretation of the construct. Such lines of evidence include statistical analyses of the internal structure of the test including the relationships between responses to different test items. They also include relationships between the test and measures of other constructs. As currently understood, construct validity is not distinct from the support for the substantive theory of the construct that the test is designed to measure. As such, experiments designed to reveal aspects of the causal role of the construct also contribute to constructing validity evidence.^[7]

Content validity[edit]

Content validity is a non-statistical type of validity that involves "the systematic examination of the test content to determine whether it covers a representative sample of the behavior domain to be measured" (Anastasi & Urbina, 1997 p. 114). For example, does an IQ questionnaire have items covering all areas of intelligence discussed in the scientific literature?

Content validity evidence involves the degree to which the content of the test matches a content domain associated with the construct. For example, a test of the ability to add two numbers should include a range of combinations of digits. A test with only one-digit numbers, or only even numbers, would not have good coverage of the content domain. Content related evidence typically involves a subject matter expert (SME) evaluating test items against the test specifications. Experts should pay attention to any cultural differences. For example, when a driving assessment questionnaire adopts from England (e. g. DBQ), the experts should consider right-hand driving in Britain. Some studies found how this will be critical to get a valid questionnaire.^[8] Before going to the final administration of questionnaires, the researcher should consult the validity of items against each of the constructs or variables and accordingly modify measurement instruments on the basis of SME's opinion.

A test has content validity built into it by careful selection of which items to include (Anastasi & Urbina, 1997). Items are chosen so that they comply with the test specification which is drawn up through a thorough examination of the subject domain. Foxcroft, Paterson, le Roux & Herbst (2004, p. 49)^[9] note that by using a panel of experts to review the test specifications and the selection of items the content validity of a test can be improved. The experts will be able to review the items and comment on whether the items cover a representative sample of the behavior domain.

Face validity[edit]

Face validity is an estimate of whether a test appears to measure a certain criterion; it does not guarantee that the test actually measures phenomena in that domain. Measures may have high validity, but when the test does not appear to be measuring what it is, it has low face validity. Indeed, when a test is subject to faking (malingering), low face validity might make the test more valid. Considering one may get more honest answers with lower face validity, it is sometimes important to make it appear as though there is low face validity whilst administering the measures.

Face validity is very closely related to content validity. While content validity depends on a theoretical basis for assuming if a test is assessing all domains of a certain criterion (e.g. does assessing addition skills yield in a good measure for mathematical skills? To answer this you have to know, what different kinds of arithmetic skills mathematical skills include) face validity relates to whether a test appears to be a good measure or not. This judgment is made on the "face" of the test, thus it can also be judged by the amateur.

Face validity is a starting point, but should never be assumed to be probably valid for any given purpose, as the "experts" have been wrong before—the Malleus Malificarum (Hammer of Witches) had no support for its conclusions other than the self-imagined competence of two "experts" in "witchcraft detection", yet it was used as a "test" to condemn and burn at the stake tens of thousands men and women as "witches".^[10]

Criterion validity[edit]

Criterion validity evidence involves the correlation between the test and a criterion variable (or variables) taken as representative of the construct. In other words, it compares the test with other measures or outcomes (the criteria) already held to be valid. For example, employee selection tests are often validated against measures of job performance (the criterion), and IQ tests are often validated against measures of academic performance (the criterion).

If the test data and criterion data are collected at the same time, this is referred to as concurrent validity evidence. If the test data are collected first in order to predict criterion data collected at a later point in time, then this is referred to as predictive validity evidence.

Concurrent validity[edit]

Concurrent validity refers to the degree to which the operationalization correlates with other measures of the same construct that are measured at the same time. When the measure is compared to another measure of the same type, they will be related (or correlated). Returning to the selection test example, this would mean that the tests are administered to current employees and then correlated with their scores on performance reviews.

Predictive validity[edit]

Predictive validity refers to the degree to which the operationalization can predict (or correlate with) other measures of the same construct that are measured at some time in the future. Again, with the selection test example, this would mean that the tests are administered to applicants, all applicants are hired, their performance is reviewed at a later time, and then their scores on the two measures are correlated.

This is also when measurement predicts a relationship between what is measured and something else; predicting whether or not the other thing will happen in the future. High correlation between ex-ante predicted and ex-post actual outcomes is the strongest proof of validity.

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If one wants to get a rating scale to be used in a class or in a personality test, one must go through these steps. If one wants to execute a guy, none of those steps are required, just the feelings of the jury. The lawyer profession is not just extremely stupid, uninformed, atavistic, and mired in 13th Century practices, it is quackery. 

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Juries: The advantage of using a jury trial  is the possibility of getting the Wisdom of the Crowd. The problems of the jury are less than those of the judge, an individual. The judge is a lawyer. He has the interests of the profession. His jobs depends on promoting litigation.  The jury is rarely a real sampling of peers. If it were, there would be no excuses, no exclusions, no voire dire (delection by the lawyers). Only random sampling of the population would be permitted. The jury comes from a local culture. The jury is irritated by the interruption of their lives. They are irritated by the low pay. Jurors should be paid their usual day rate if they are going to lose their earnings during the trial. If there is a knowledgeable or passionate member, he may bully the rest. The rest just wants to go home, and will give in to a member with certainty and a dominant personality. 

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Alternative: It is fair to say the current trial practices of judge and jury verdicts are 13th Century garbage practices. The adversarial system is copied from the disputation method of Scholasticism. That was cool in 1275 AD. Today, it is a ridiculous way for lawyers to double their income and add no value whatsoever. Scholasticism is a Catholic Church philosopy. The entire court trial violates the Establishment Clause. The court looks like a church. It has an altar on which the judge sits. It has a judge wearing clerical robes. It makes the congregants sit and stand several times, as in a Catholic church service. The modern trial is atavistic religious garbage with bad reliaiblity and validity statistics. It not only violates the Establishment Clause by its origins in Catholic Church practices. It also violates the Procedural Due Process Clauses of the Fifth and Fournteenth Amendments. One of its rights is a right to a fair hearing. 

The remedy is to make judging a separate profession from lawyering. Start judge schools. They would admit mature middle aged people. Anyone who passed 1L would be disqualified because the intellect and the ethics of that person have been destroyed. The main message of the judge education would be to apply the law, and not to make the law. The judge would be allowed to investigate the question of the trial, being the smartest and most experienced person in the trial. Now, judges are totally muted, and will be removed if they investigate on their own. Judges should be liable for wrong decisions if they cause damages. They should carry insurance to cover their mistakes. If a judge makes many, his insurance will be cancelled, and he should not be on the bench. 

Law in Failure: Child porn images generated by artificial intelligence violate a 2003 law

It is unknown if these images hurt real children or lower the rate of sexual abuse of real children. 

https://www.msn.com/en-us/news/us/in-novel-case-us-charges-man-with-making-child-sex-abuse-images-with-ai/ar-BB1mO208

This is the 2003 law. It exempts depictions with "serious literary, artistic, political, or scientific value".  I guess the definition of these terms is up to the feelings and moods of a jury. They are not defined in the law. If a defendant claims a fascination with the beauty of children, is that literary value? One wonders if depictions of nude children playing in a tub or by a pool are unlawful. 

This is another example of the law in failure. They failed to research the effects of a law. They failed to define essential terms in the law. They failed to consider the protection of real children from sexual abuse. 

The US is one of the worst places for child sexual trafficking thanks to the failed lawyer profession.

https://www.savethechildren.org/us/charity-stories/child-trafficking-myths-vs-facts

 Marijuana Use Catching Up to Alcohol Use - Implications for Violent Crime and Suicide

Here.

One expects violent crime and suicide to decrease. Half the murderers, the murder victims, and the suicide victims are legally drunk. Alcohol has the greatest behavioral toxicity of any substance. The policy of eyesight supervision of suicidal people should have a great impact in the case of the drunk people who cimmit suicide. It only has to be carried out for a few hours until the person sobers up.

Requiring a Prescription is White Supremacy: FDA Citizen Petition to Place CPAP Over the Counter

April 28, 2024

Dockets Management Branch

Food and Drug Administration

Department of Health and Human Services, Room 1-23

12420 Parklawn Drive

Rockville, MD 20857

Dear Commissioner:

CITIZEN PETITION

This petition is submitted pursuant to 21 C.F.R. § 10.30. This petition requests that the 

Commissioner of Food and Drugs place CPAP Machines Over the Counter. 

A. ACTION REQUESTED

For the reasons discussed in Section B, this petition requests the Commissioner to do the following:

Make CPAP machines available without prescription. A CPAP (Continuous Positive Airway Pressure) machine is a medical device used primarily to treat obstructive sleep apnea (OSA) and other sleep-related breathing disorders. It delivers a continuous flow of pressurized air to the airway, helping to keep it open during sleep and preventing episodes of breathing pauses or interruptions.

Require that sellers of CPAP machines provide instruction manuals written at the 6th grade level of reading ability and illustrations of the set up.

Here's how a typical CPAP machine works:

Air Pump: The CPAP machine contains a motorized air pump that generates a continuous stream of air at a prescribed pressure setting. The pressure is determined based on the severity of the individual's sleep apnea. Typically it is titrated during a sleep study or under the guidance of a sleep specialist. Some machines continually titrate the air pressure based on resistance. 

Tubing: The air from the CPAP machine is delivered to the user's airway through a flexible tube. This tubing connects the machine to the mask worn by the user during sleep.

Mask: The mask is an essential component of the CPAP system, as it delivers the pressurized air to the user's airway. There are several types of masks available, including nasal masks, nasal pillows, and full-face masks. The choice of mask depends on factors such as comfort, breathing patterns, and individual preferences.

Humidifier (Optional): Some CPAP machines come with an integrated humidifier or have a humidifier attachment. The humidifier adds moisture to the pressurized air, which can help alleviate dryness and irritation in the airway and nasal passages.

Filters: CPAP machines typically contain filters that help purify the air being delivered to the user's airway. These filters help remove dust, allergens, and other particles from the air, ensuring clean and breathable air during sleep.

When a person with sleep apnea uses a CPAP machine during sleep, the continuous flow of pressurized air acts as a splint to keep the airway open. This prevents the collapse of soft tissues in the throat and tongue that can lead to obstructive sleep apnea episodes. By maintaining an open airway, CPAP therapy helps improve breathing patterns during sleep, reduce snoring, alleviate daytime sleepiness, and improve overall sleep quality. This makes sleep refreshing, and promotes alertness throughout the waking hours of the next day. 

B. STATEMENT OF GROUNDS

Motivation for this Petition

The current requirement of a prescription for a CPAP machine to be purchased results in high costs of $500 to $1000. Insurance companies place many obstacles in obtaining them. The FDA’s obstruction of the availability  results in 80% of apnea patients going undiagnosed. The cost in 2015 Dollars has been estimated to be $150 billion, in crashes, low productivity, extreme health consequences (https://aasm.org/resources/pdf/sleep-apnea-economic-crisis.pdf ) . Apnea results in daytime sleepiness. Daytime sleepiness causes the same impairment as legal alcohol intoxication (  https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1739867/pdf/v057p00649.pdf ) . The prevalence of untreated sleep apnea is 25 million people from the teens to the elder years. There is no way the nearly worthless,, and intentionally obstructionist system under current FDA oversight can accommodate that number. The FDA is just rent seeking professionals that knowingly kill thousands to protect their turf.

  

The result of CPAP machines availability without prescription will be an immediate increase in competition, and huge drops in prices. The same happened when hearing aids were made available over the counter, with up to 90% reductions in prices. Final Rule at ( https://www.govinfo.gov/content/pkg/FR-2022-08-17/pdf/2022-17230.pdf ). The cost went from $8000 to $963 at Costco today, in less than one year. 

Self diagnosis is possible. Nothing is more reliable than reports of people who sleep with the person. If the spouse reports pauses in breathing but a polysomnography test is negative, the spouse must be believed. The sleep test measures the breathing of a single night. The report of the spouse reports on breathing over an extended period of time. 

Accessibility: Some individuals may have difficulty obtaining a prescription for a CPAP machine due to various factors such as lack of access to healthcare, financial constraints, or delays in scheduling appointments with healthcare providers. Providing CPAP machines without a prescription could increase accessibility for these individuals, allowing them to address their sleep apnea symptoms more promptly.

Self-diagnosis: Some individuals may have already been diagnosed with sleep apnea in the past and are familiar with their condition. Allowing them to obtain cheap CPAP machines without a prescription may empower them to take control of their treatment without the need for additional medical consultations.

Unmet Healthcare Needs: In regions or communities where access to healthcare is limited, providing CPAP machines without a prescription could help address unmet needs for individuals with sleep apnea who may otherwise go untreated. This could potentially reduce the risk of complications associated with untreated sleep apnea, such as cardiovascular problems and daytime sleepiness. "Racial Disparities in Surgical Treatment of Obstructive Sleep Apnea: A National Study of 500,792 Individuals" by K. B. Smith et al., published in 2022. This study found significant racial disparities in the surgical treatment of obstructive sleep apnea, with Black race being independently associated with a decreased rate of surgery for the condition. The study analyzed data from Optum’s deidentified Clinformatics Data Mart database from 2004 to 2018, highlighting the health disparities in the management of sleep apnea among different racial groups in the United States. compared to white individuals, African-Americans are often diagnosed with more severe sleep apnea and use treatment with positive airway pressure devices less, based on their zip code. Additionally, black patients have been found to have more severe obstructive sleep apnea upon clinical presentation, but it's unclear if this reflects differences in symptoms or other standard measures of risk. Furthermore, racial disparities in health outcomes related to healthcare access and economic resources have an enormous impact on public health and social equity, with differences in rates of surgery for obstructive sleep apnea based on race. These disparities highlight the need for increased awareness and equitable treatment for sleep apnea across all racial and ethnic populations.

Education and Awareness: Providing CPAP machines without a prescription could also be an opportunity to educate individuals about sleep apnea and the importance of seeking proper diagnosis and treatment. This could lead to increased awareness and encourage individuals to seek professional medical advice if they suspect they have sleep apnea. An effect we call, This Old House Effect, may result. A show detailing all the steps to replacing a toilet is highly persuasive to hire a plumber. The availability of CPAP may increase the fraction of people with apnea seeking professional evaluation and advice. 

Why the Current FDA Regulations Must be Changed

CPAP is a fan. It blows air. If the air is too much, and uncomfortable, the patient can turn it down, as if it were a window fan. It should not require long wait times and the costs of a polysomnography. The report of family members has far greater validity than those results. If supported by multiple days of sampling by sleep apps, the diagnosis is firm. The result of a sampling of a single night of polysomnography is not valid when it contradicts those multi-day reports. The result of the current professional rent seeking is Medicaid and Medicare fraud, since current  procedures and their costs are not medically necessary.

The current fraudulent situation has hideous consequences. It results in foreseeable mass deaths of victims of accidents caused by sleepiness. These may include many historic catastrophes and their devastating effects. 

Treated severe apnea patients have the same mortality as the population. Untreated apnea has a 3.8 rate of mortality between the ages of 30 to 49. These are the ages of greatest productivity and responsibility. Around 6000 people that age die needlessly from stroke or cardio-vascular disease, because of untreated severe apnea.  The risk of sudden death is also doubled by untreated severe apnea ( https://newsnetwork.mayoclinic.org/discussion/obstructive-sleep-apnea-raises-risk-of-sudden-cardiac-death-mayo-clinic-finds/ ) 

Discrimination in medicine is a medical practice that includes both differential treatment on the 

basis of a protected class (disparate-treatment discrimination) and treatment on the basis of 

inadequately justified factors that disadvantages a particular group (disparate-impact 

discrimination). Disparate treatment involves intentional discrimination and is per se 

unconstitutional. Statistical disparity is sufficient for a legal showing of discrimination. In

contrast, a determination as to the legality of disparate-impact discrimination depends upon 

whether the practice is supported by a sufficiently compelling reason and whether alternative 

processes exist that would not give rise to disparities. Disparate-impact liability mandates the 

“removal of artificial, arbitrary, and unnecessary barriers . . .”

Request for Action as Direct Final Rule

 FDA slowness needlessly kills thousands of patients a year. Therefore you have 180 days to reply to this petition. If I do not get your reply 180 days from today, I will presume the petition has been denied. I will then seek to enjoin you in a federal lawsuit. I will also try to breach your self dealt and lawless immunity. I will seek damages from the FDA for the untreated sleep apnea and its consequences. 

FDA regulations at 21 C.F.R. § 10.40(e)(1) provide that “[t]he requirements of notice and public 

procedure . . . do not apply . . . [w]hen the Commissioner determines for good cause that they are 

. . . unnecessary . . .” This FDA exemption mirrors a similar exemption in the Administrative 

Procedure Act (“APA”).29 When enacting the APA exemption, Congress stated that the “lack of 

public interest in rule-making warrants an agency to dispense with public procedure.” Here, as 

there appears to be no question of law or fact in dispute, the Commissioner may dispense with 

advance notice and opportunity for comment.

C. ENVIRONMENTAL IMPACT

FDA regulations at 21 C.F.R. § 10.30 require Petitioner to prepare an environmental assessment 

under 21 C.F.R. § 25.40. Accidental environmental disasters caused by sleepiness may drop in frequency if this change is enacted. 

Exxon Valdez Oil Spill (1989): This disaster occurred when an oil tanker struck a reef off the coast of Alaska, spilling millions of gallons of crude oil into the sea. The captain, who had reportedly been drinking, left a third mate in charge who was possibly fatigued and not fully licensed to navigate the waters, contributing to the accident.

Chernobyl Nuclear Disaster (1986): Fatigue among the night shift workers who were conducting a poorly designed experiment led to the world's worst nuclear disaster. The tired staff made critical errors, including disabling emergency safety systems, which resulted in an explosion and large-scale release of radioactive material.

Three Mile Island Nuclear Accident (1979): Fatigue and inadequate training were contributing factors in this nuclear power plant accident in Pennsylvania, USA. Sleep-deprived operators failed to correctly diagnose and respond to a malfunction in the plant, leading to a partial meltdown.

Space Shuttle Challenger Disaster (1986): While not directly caused by sleepiness, the decision-making process might have been affected by fatigue. Engineers and NASA officials had been working extensive hours and under immense pressure, which led to poor decision-making and oversight in the face of critical safety concerns.

Texas City Refinery Explosion (2005): Overworked and sleep-deprived operators and supervisors were factors in one of the largest industrial accidents in the U.S. petroleum industry. The BP refinery explosion was due to neglected safety measures and tired staff failing to adhere to protocols.

D. ECONOMIC IMPACT

Pursuant to 21 C.F.R. § 10.30, information under this section is to be submitted only when 

requested by the Commissioner following review of the petition. Briefly, the greater availability of CPAP machines will result in precipitous drops in costs. The cost may drop to a point of working people no longer needing coverage by insurance companies. The prevention of accidents, crashes, low productivity, misery, strokes, heart attacks, sudden deaths at night, family disruptions. The value of suffering from these consequences has value way beyond the calculation of $150 billion in 2015 dollars. 

E. CERTIFICATION

The undersigned certifies that, to the best knowledge and belief of the undersigned, this petition 

includes all information and views on which the petition relies, and that it includes representative 

data and information known to Petitioner that are unfavorable to the petition.

F. CONCLUSION

For the foregoing reasons, Petitioner requests that this petition be granted and that the 

Commissioner make  CPAP machines available without a prescription. 

Disparate impact has been deemed evidence of discrimination by the Supreme Court ( Texas Dept. of Housing and Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015) ). Racial minorities experience implicit bias in the health care system at the rate of 20% ( https://www.kff.org/report-section/kff-the-undefeated-survey-on-race-and-health-main-findings/#ExecutiveSummary ). Forcing them to seek care when not necessary results in disparate experiences and outcomes by race. 

Respectfully submitted,

David Behar, M.D.