In our judicial system, no one can be forced to incriminate himself or herself.

An American has the right to remain silent regarding any matter that might lead to self-incrimination.

We do not have a right to withhold testimony touching on *other matters* however.
You can be *required* to give testimony on a matter regarding which you cannot incriminate yourself. This is key.

Because, if a prosecutor *grants you immunity from prosecution*, you *can be compelled to give testimony that would, if not for said grant, incriminate you.
So, the Cosby problem is this: Cosby was *compelled* to give testimony that was, in itself, incriminating, but was not incriminating solely because he had immunity.

But they used his testimony against him anyway.
If this were allowed to stand, it would be tantamount to a workaround against the 5th Amendment:

1 Grant immunity
2 Compel testimony
3 Revoke immunity
4 Convict with compelled self-incriminating testimony
We know Cosby is guilty: he admitted it.

BUT he admitted it in a context where he was not able to invoke his right to remain silent.

BUT he had such a right IF he could be prosecuted in the basis of his testimony.

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More from @EveKeneinan

1 Jul
Bill Cosby does not deserve to be free according to justice — but he does in line with human Law.

We cannot make exceptions to DUE PROCESS even for the sake of justice, because then exceptions will be made by calling it “justice” whether it is or is not—and there is no justice.
The law, which upholds the right to due process, only approximates justice. And it does it by treating everyone the same.

We make use of universal principles of the law and particular circumstances of each case in trial.
Universal principles respect our human equality of rights. They also, however, treat everyone alike: both the guilty and the innocent.

It offends our sense of perfect justice that the guilty should be shielded by rights—but because we are not angels, it is THE BEST WE CAN DO.
Read 6 tweets
29 Jun
@benshapiro described the Woke as “race essentialists.”

He’s not wrong, exactly, but in a way, he is. Enough to clarify.

Race essentialism is the THESIS, race non-essentialism is the ANTITHESIS, and what the Woke hold is the SYNTHESIS. They both are and are not essentialists.
@benshapiro The way the Woke ARE race essentialists is that the treat race is as indelible characteristic of a person that marks and defines them, that cannot ever be escaped (consider how the Woke view transracialism).

The Woke aren’t race essentialists by not appealing to essence.
@benshapiro So the Woke can claim *technically* not to be essentialists, because essence isn’t what does the work for them, the same work that essence would do, but rather IDENTITY does the work.
Read 5 tweets
26 Jun
Lewis Gordon holds that only “ONE race exists, and that race is ‘Negro’.”

I’m going to explain why Gordon’s conclusion is a non sequitur, and in the process explain why one can’t correlate ANCESTRY with RACE.
Gordon is right that the study of human genome shows all humans originated in Africa.

“From a genetic point of view, there is indeed one human species that originated in a single region.”

So how does he get that these ancestral humans were NEGROS?
Because they were from Africa, of course.

Everyone knows that Negros come from Africa.

Africa has a special Negro-making property.
Read 12 tweets
24 Jun
This fallacy should be given a name.

I will show why it is a fallacious argument by way of analogy.
It is a highly complex matter to sort out John Locke’s political arguments, especially in dialogue with Plato, Aristotle, Hobbes, etc. It is graduate level work.

BUT — it is not hard to teach children that democracy is good and all men are created equal and have equal rights.
That is to say, one *can* (and we have traditionally done) teach children the PRINCIPLES and CONSEQUENCES of a broadly Lockean theory of political right. That is basically Americanism.

It's not necessary to teach the most difficult Lockean arguments re: representative democracy.
Read 6 tweets
24 Jun
When I say “race isn’t real” what I mean is this: If an alien biologist came to earth, knowing nothing of humans, and set out to learn about our biological and genetic make up, it would not discover “races.” There is no natural fact of the matter that human beings are so divided.
An alien anthropologist who studied our history and customs would discover that we have, in recent centuries, taken to dividing ourselves up in such social categories, but he would also be aware that this habit of ours has no foundation in nature.
After all, whether there are “races” is an empirical question, and one that has been answered: No, there aren’t.

We thought for millennia that Euclid’s Parallel Postulate was really a Theorem, until it was finally proven not to be a Theorem. It’s a Postulate.
Read 5 tweets
20 Jun
👀 ImageImageImageImage
So, I had a look at this. PinkNews, needless to say, wildly misrepresents the study.
There are two areas where GUESSES people make correlate with their biases.

The guesses are ENTIRELY PREDICTABLE just from the political bias which is known.

The study does not, as it should have, distinguish between correct guesses and knowledge.
Read 14 tweets

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