This is bad, but there's something much worse lurking in this bill.

It makes knowingly providing supplies that can be used as weapons a Class D felony. One to 5 years in prison.

If you think this isn't terrible, let's talk about water bottles.
You're a Good Samaritan. You bring some water bottles to a protest, both for people to drink, as well as to pour in people's eyes when the police launch tear gas that is banned in war but legal for domestic policies.

But you also know people might throw them.
Now, "knowing" is an important word here. Under the narrowest reading, you have to be practically certain (but not desire!) that they be used as a weapon.

A broader reading? You just have to be practically certain that they COULD be used as a weapon. Everyone meets this def.
"But it's just a plastic water bottle!" you say.

Here's a case from Texas where two guys were convicted of assault with a deadly weapon. The weapon? A 17 oz plastic water bottle.
The way this is written doesn't target the people THROWING water bottles--we already have all sorts of ways of going after them--but people who provide "things" that can be weapons.

And the "dangerous instrument" statute is, well... broad.
So bring anything to a protest that you know someone else might be able to use as a weapon--and given human ingenuity, what can't?!--and you're guilty.

And wait... reading more, and it gets FAR FAR WORSE.
First, it introduces a mandatory minimum of 4 years--just for the supply!!--and a $5,000 fine AND a loss of benefits.
Second, if I'm reading this right....

if you are at the protest, bring supplies, and someone else hurts someone else using... anything, not even what you brought...

you're guilty.

Part (1)(b) doesn't require the the supplied "weapons" or the supplier cause the harm. Right?
Obviously, courts could interpret it to try to link (a) to (b) and require some degree of connection between the supplies and the harm, but the plain statutory language does not seem to require that!

This is a direct shot at any sort of protest.

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More from @JohnFPfaff

3 Mar
First, the payout is $50,000/year. Which... each year in prison may reduce life expectancy by up to two years. So the longer the unjust incarceration, the less likely the person will get the full (too-little) payout.

MS law doesn't pay for pre-trial detention, which... here?
Flowers has spent twenty years behind bars, but is only getting paid for ten. Guessing that must be because the incarcerations he endured between reversal and re-conviction don't "count."

I can see* the logic in the usual case, but... here? Seems distinctly unjust.
The logic, of course, is that pre-trial detention ALWAYS carries the risk of being wrong. It's ALL ABOUT locking ppl up before we know their guilt.

Ofc, if the state had to pay for its errors in all cases, maybe it'd think A LOT MORE CAREFULLY before upending someone's life.
Read 5 tweets
16 Feb
Also, just struck me: this was a misdemeanor.

Tho framed in the article as a restorative justice case, this sort of thing—charge, wait, programming, dismiss—is how the ENTIRE misdemeanor system in NYC operates.
The conventional framing is an “ACD”: adjournment in contemplation of dismissal.

The case is held open (the A) to see if the def does certain things (the C), in which case it is dropped (the D).

Thousands and thousands of times per year. This wasn’t some unique outcome!
I mean... I’m not one to deny the racism inherent in our crim justice system! But the handling of this case looks like pure routine misdemeanor.

Now, there’s a lot to criticize even abt the ACD—like good luck getting a job or an apt or a loan during the A—but that’s a dif issue.
Read 6 tweets
16 Feb
To those outraged by this—and... everyone apparently is—two questions:

1. What does accountability entail here? Are you mad that sensitivity classes were inadequate, or are you upset at the lack of retributive vengeance?

Don’t say “this is bad.” Clarify “what is right.”
So much of the “white ppl get this while Black ppl get that” outrage never specifies what the right outcome should be... which means we default to the usual mindless punitiveness for all.

If you are (1) unhappy but (2) want change, need to give a positive account of that future.
Second, to those saying “harshness to the Coopers is the path to leniency for all,” two questions:

1. That runs head-long into the one-way Willie Horton ratchet. Never easy to go back down. What would make this case different?
Read 5 tweets
15 Feb
For all those who seem to think that history will somehow hold Trumpists to account.

This happened during my lifetime. I read about the death squads Iran-Contra funded as the story broke.

This happened during my lifetime too: Iran-Contra gets turned into “democracy promotion.”
It can be easy to blame those who think Trump will be held account while we have such a shoddy understanding of Reconstruction and Redemption, but...

... but have a shoddy memory, and accounting, of... the late 1980s.
Anyway, history isn’t some passive thing that eventually demands accountability of racists.

We erect statues of traitors in the Capitol, and whitewash Iran-Contra into “democracy promotion.”

It takes hard work, with many working hard against it.
Read 4 tweets
14 Feb
Always need to remember: the Portuguese law everyone praises is EXACTLY the law from 1920s Prohibition the same ppl decry.

Sale, manuf, and transport still illegal. Just possession oaky.

That’s the Volstead Act.

It’s not abt the law. It’s abt the enforcement culture.
I’m always sort of bemused by how ppl praise the Portuguese law, given what it actually says.

Also, Portugal passes three things at once: possession law, universal basic income, big treatment expansion.

It wasn’t just “less punishment.” It was also “more services.”
Also, important to note the cultural differences. As @KeithNHumphreys always points out, PRE reform Portugal didn’t have a lot of ppl in for trafficking, so the underlying enforcement culture differed a lot... and bet that matters.
Read 4 tweets
26 Jan
Sigh.

Now, TBF, the Feds rely on privates a lot more than the publics do--at nearly twice the rate (even though 76% of ppl in privates are held by the states). But still: 85% of Feds in publics!

But: don't see how this addresses racial equity, for two equally important reasons.
First, and less appreciated, if you're concerned abt racial impact of privatization in prisons, the PRISONS are not the thing to focus on.

Focus on Bob Barker (private commissary, and not that one), Securus (pay-phones), etc.

HUGE private fees w racially disparate impacts.
Second, no one ever seems to game out what closing the privates will do.

It reduces capacity, but there's a lot of excess capacity out there right now. Will the Feds just contract with, say, Texas (not a private! it's public!)?

And if they d cut back pops, who will be released?
Read 8 tweets

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