Archive for May, 2009

Why not to talk to the cops: felony murder

Watching an episode of The First 48, which documents / dramatizes the first 48 hours of investigation following a crime. In one case, two guys went to another guy’s house to sell a gun. The buyer tries to rob the sellers at gunpoint, the sellers run, and one of them returns fire with his own gun. The other seller ends up shot and dead.

Slugs are recovered. The seller turns over his cartridges so that they can be differentiated from the buyer’s. Interesting twist: the bullet that killed the victim came from the seller’s gun. He was shooting basically behind his back while he was running, not really looking where he was firing. Somewhere in there, he hit his friend and killed him.

This is a fascinating example of how the laws relating to lethal force play out. There is a specific crime, in some jurisdictions, called felony murder. Basically, if somebody dies as the result of you committing a felony, you can be charged with their murder. Example: Ted and Bill conspire to rob the Quick-Stop (a felony). The shop-keeper shoots Ted and kills him. Bill can be charged with felony murder of Ted, even though the shopkeeper is the one who actually shot him.

The detective eventually finds the buyer and brings him in. He slowly wheedles him away, getting him to admit to being there, then getting him to admit to having a gun, then getting him to admit to firing the gun, then, finally, he says, “Look, you didn’t want to kill anybody, I know that. You weren’t going to hurt anybody. And I know you didn’t shoot him. That bullet came from Leroy’s gun, not yours. You were just going to take the gun and you didn’t want to pay for it, and then things got all out of hand, right?” The guy says, yeah.

The buyer thinks he’s getting off easy now. He admits to that, and writes a statement to that effect.

Gotcha.

You see, trying to steal the gun is a felony. And since he admitted that he was committing a felony at the time that Leroy died, he’s going to get charged with murder.

The irony is that the buyer probably could have stipulated to all the facts–that he fired, that he was there to buy the gun, and so forth–and he wouldn’t have broken any laws. Here, he thinks he confessing to attempted robbery or something like that, and instead, he goes up for murder.

Now, I’m not saying that this guy shouldn’t be charged with murder, or that he’s not a criminal, or anything like that. I’m just trying to point out how there are all these little intricacies in the law, and the detectives who are interviewing you know them ALL. You? You maybe know one of them. Your lawyer, on the other hand, also knows them ALL. So, you letting yourself be interviewed by the cops is basically like a lamb walking to the slaughter. They have a box that they’re trying to put you in. They know exactly what they need you to stipulate to in order to fit you into that box. And once you stipulate it, you can’t take it back.

So.

If you’re ever taken in for questioning, I suggest you tread very carefully, and maybe get a lawyer before you stipulate to very much.

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Burning Man Ten Principles: Immediacy

Although I am an Alchemy board member at the time of this writing, these opinions are mine alone, and should not be taken to reflect the opinions of anyone else.

When Issa did a census at Alchemy in 2008, she asked people to list as many of the Ten Principles as she could. Immediacy was one of the most-commonly omitted. I think that might be because Immediacy is somewhat intangible and not as obviously-defined as, say, Radical Self-Expression or Participation. Although Immediacy might be commonly overlooked, it is probably my favorite of the Burning Man principles, and it drives nearly every decision that I make as an Alchemy board member.

My definition of Immediacy hinges on a semi-literal interpretation of the word. “Without mediation. Without anything in the middle.” Mediation occurs when someone or something stands between you and your experience. The essence of Immediacy for me is having direct experiences instead of reading about them or having someone tell you about them. It is also directly experiencing the consequences of your choices, as opposed to letting someone else feel the heat.

As an Alchemy board member, Immediacy means that, whenever possible, I get out of the way and let the participants decide how they want their burn to run. The most Immediate burn would be one that was directly managed by all of the participants, but it remains to be seen whether this type of event would have the characteristics that people are looking for when they attend a “burn.” So, in order to have a “burn” and not some other kind of event, some reduction in Immediacy is selected. A board is elected to make certain decisions by proxy, on behalf of the participants. Still, whenever possible, my goal as a board member is to preserve Immediacy by pushing as much influence and responsibility away from the board members, the team leads, and the other organizers, and onto the individual participants of the event.

What responsibilities do I think the board should have?

First, I think that the board is responsible for managing the interface between the burn and the Default World. Inside the “bubble” of the burn itself, I want individual participants to be responsible for managing their own experience, including resolving disputes and solving problems. But people outside the burn have not opted into the burn experience, and they may call on Default World methods of problem solving to resolve conflicts that originate within the burn. For example, if amplified sound from within the burn is heard by neighbors, they might call the cops to complain. The cops might then intrude on the burn and interfere with the experience that the participants are trying to have. I think that the board’s responsibility is to head off situations like this, where the Default World’s response to the burn threatens the existence of the burn itself.

Second, I think that the board is responsible for maintaining the framework of the event itself. Despite their chaotic nature, burns are not fully anarchic events. A framework exists within which the event occurs, and the nature of that framework is what makes a burn what it is and not some other kind of event. For example, in a fully anarchic event, you could throw trash on the ground and probably not expect any consequences. At a burn, the principle of Leave No Trace means that people are likely to give you some shit for it. As a board member, I try to shape the framework of the event to reflect the desires of the attendees and my own personal ideas of what a burn should be. I supported a policy of not allowing un-decorated cars within the gates once the event had begun. It was my personal philosophy that cars would serve as a constant link to the Default World, and would hinder the full immersion of the participants in the “bubble” of the burn. For a similar reason, I supported a policy prohibiting “in-and-outs” at the gate.

The second responsibility relies a lot on my personal picture of what a burn should be. Imposing my personal vision of a burn on the participants is somewhat counter to the principle of Immediacy, but I believe that the participants want some degree of this. They wouldn’t have elected board members if they didn’t want someone making some decisions on their behalf! The loss of Immediacy is balanced out by the fact that participants have the ultimate recourse of not re-electing a member whose personal vision is too far out of line with theirs, or who goes too far in imposing his or her personal philosophy.

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Drug propaganda and swine flu

Sandro Galea is an epidemiologist who studies human behavior in public health emergencies. He’s the director of the Center for Global Health at the University of Michigan. He was recently interviewed on NPR about the public’s response to the recent media attention on swine flu. He said:

I think it’s pretty clear that a consistent, clear, but honest message about what is going on is essential. People realize that public officials may not know the answers to everything, but people react much better and have a much more predictable reactions when they know that they’re being told as much information as is available and that they are being given sound, sane advice. I think the one thing that we probably want to avoid is a cacophony of conflicting information from different sources, and possibly different information.

One of the problems with anti-drug propaganda is that it fails the test that Dr. Galea describes. The public does not believe that we are being told as much information as is available; we are being told often-exaggerated information about the harmful effects of drugs. We do not believe that we are being given sound, sane advice; we are being given hysterical propaganda. We are not receiving a “consistent, clear, but honest message about what is going on”; we are receiving a consistent, clear, message about what the producers of the propaganda would like for us to do.

This may be completely in line with the intentions of the drug-warriors.  The host’s question, after all, was what to do “if you’re trying to avoid panic, fear, or confusion,” and the goal of the drug-warriors is not to educate, but to create panic, fear, and confusion so as to influence people not to use any illegal drugs at all.

Which interaction would you prefer: one in which the person desires to give you as much information as possible so as to allow you to make a choice for yourself, or one in which the person desires to manipulate you into coming to the conclusion they desire?

You can hear the NPR interview with Dr. Galea at this link.

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Hyperbolic advertising: cheese is never opinionated

It all started with tomatoes. The tomatoes from my friend’s home garden and from the CSA tasted so much better than the tomatoes I got from the grocery store. I was dismayed to realize what I had been missing out on this whole time.

It’s no surprise. I’d never really even tasted a tomato. Commercial tomatoes are bred for size, appearance, and resistance to damage during shipping, not flavor. They are usually picked green and then ripened by exposing them to ethylene.

This got me thinking about the dilution and substitution of experience. My definition of a tomato had been watered down so thoroughly that I hardly knew what I was missing. Of course, the lack of substance isn’t really relevant to marketers, who are happy to supply us with other forms of stimulation to keep us from noticing what we’ve lost.

Which brings me to this commercial, from NBC:

It’s a cute commercial, no doubt, but I found myself thinking, “I really like The Office, but I hardly ever find myself actually laughing out loud at it, never mind laughing my ass off. In fact, I almost never laugh at network TV, even shows I like.”

And then I started to see it everywhere: the unbelievably hyperbolic adjectives used in advertising to describe the experience you are supposed to associate with the product. Advertising has always exaggerated the virtues of the product; that’s nothing new. The interesting thing to me about these ads is the way in which they exaggerate not qualities of the product itself, but the experience that you will presumably have when you use or consume the product. The difference between the promise and reality is profound.

petit-ecolier

An ad for Petit Ecolier, a chocolate-covered cookie, suggests that you, “Lose and find yourself in one bite.” If that’s the experience that you will have when you eat the cookie, then I want some of whatever chemicals you’re taking. Can a cookie even do that? The ad below describes one woman’s experience of eating a Hardee’s hamburger. As you watch it, think back to the last fast food hamburger you ate, and ask yourself if it “reminded you of being in high school, sneaking out before dinner to savor that sweet, spicy sauce.”

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How to solve your weed problem in just one second!

I was out walking Thistle, Troy’s dog, the other day. We passed a man who was bending down to spray weed killer on some plants that were growing up through the seam in his driveway. We greeted each other, and then he said, “I can’t get flowers to grow in my yard to save my life, but weeds grow in my driveway like crazy.”

“Maybe you should change your priorities,” I said. “I love weeds, and my yard is full of them—no effort at all!”

“I just wish I didn’t have to spray them all the time,” he said.

I answered, “You could always change your mind.”

You don’t have to spray your driveway for weeds. If you don’t like doing it, stop doing it. Have weeds. Every time you look out your window at your weeds, thrill to the thought of how much time you’re saving by letting them grow. Or don’t. It’s up to you.

Issa has explored this issue in this post on her blog:

How often do you say that you “have to” do something? You have to go to work. You have to pay the bills. You have to call your mother. You have to clean the house. We use this little phrase constantly. It’s such a tiny phrase, but it has great, big implications!

The message behind “have to” is that you don’t have a choice. The choice has already been made for you, and your actions are inevitable. What a sad dismissal of our ability to choose the direction of our own lives!

For each of our actions, we make choices about what we want and what we think will benefit us. You don’t have to clean the house. You may want to clean the house, so that the house will look the way you like. You choose to clean the house, in order to get what you want. Shifting our thoughts from have to into want to and choose to, can turn a previously cumbersome action into one of satisfaction. On one hand might be the drudgery of having to pay the bills. But a tiny shift in the language brings about the delight of choosing to have electricity. It’s a little thing, but the way we talk to ourselves matters in the way we think about ourselves and our situations.

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