“
... in practice the standard for what constitutes rape is set not at the level of women's experience of violation but just above the level of coercion acceptable to men.
”
”
Judith Lewis Herman
“
I'm presently incarcerated. Convicted of a crime I didn't even commit. Hah! "Attempted murder"? Now honestly, what is that? Do they give a Nobel prize for attempted chemistry? Do they?
”
”
Matt Groening
“
The ORDINARY RESPONSE TO ATROCITIES is to banish them from consciousness. Certain violations of the social compact are too terrible to utter aloud: this is the meaning of the word unspeakable.
Atrocities, however, refuse to be buried. Equally as powerful as the desire to deny atrocities is the conviction that denial does not work. Folk wisdom is filled with ghosts who refuse to rest in their graves until their stories are told. Murder will out. Remembering and telling the truth about terrible events are prerequisites both for the restoration of the social order and for the healing of individual victims.
The conflict between the will to deny horrible events and the will to proclaim them aloud is the central dialectic of psychological trauma. People who have survived atrocities often tell their stories in a highly emotional, contradictory, and fragmented manner that undermines their credibility and thereby serves the twin imperatives of truth-telling and secrecy. When the truth is finally recognized, survivors can begin their recovery. But far too often secrecy prevails, and the story of the traumatic event surfaces not as a verbal narrative but as a symptom.
The psychological distress symptoms of traumatized people simultaneously call attention to the existence of an unspeakable secret and deflect attention from it. This is most apparent in the way traumatized people alternate between feeling numb and reliving the event. The dialectic of trauma gives rise to complicated, sometimes uncanny alterations of consciousness, which George Orwell, one of the committed truth-tellers of our century, called "doublethink," and which mental health professionals, searching for calm, precise language, call "dissociation." It results in protean, dramatic, and often bizarre symptoms of hysteria which Freud recognized a century ago as disguised communications about sexual abuse in childhood. . . .
”
”
Judith Lewis Herman (Trauma and Recovery: The Aftermath of Violence - From Domestic Abuse to Political Terror)
“
Women are necessarily capable of almost anything in their struggle for survival and can scarcely be convicted of such man-made crimes as “cruelty.
”
”
F. Scott Fitzgerald (Tender Is the Night)
“
I suppose the mothers of most twelve-year-old boys live with the uneasy conviction that their sons are embarked upon a secret life of crime.
”
”
Shirley Jackson (Just an Ordinary Day: The Uncollected Stories)
“
A criminal remains a criminal whether he uses a convict's suit or a monarch's crown.
”
”
Victor Hugo
“
The frogs hopping indoors agree that we are on a prison planet.
They themselves are frog criminals that were convicted of doing frog crimes.
”
”
Philip K. Dick (VALIS)
“
Many of the Nazis were convicted after the war, but they were not convicted for being 'unreasonable'. They were convicted for being gruesome murderers.
”
”
Jostein Gaarder (Sophie’s World)
“
The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed. Section 3 - Treason Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of
”
”
Founding Fathers (The Constitution of the United States of America, with all of the Amendments; The Declaration of Independence; and The Articles of Confederation, annotated (Breathitt Classics))
“
There are, after all, atheists who say they wish the fable were true but are unable to suspend the requisite disbelief, or who have relinquished belief only with regret. To this I reply: who wishes that there was a permanent, unalterable celestial despotism that subjected us to continual surveillance and could convict us of thought-crime, and who regarded us as its private property even after we died? How happy we ought to be, at the reflection that there exists not a shred of respectable evidence to support such a horrible hypothesis.
”
”
Christopher Hitchens (The Portable Atheist: Essential Readings for the Nonbeliever)
“
Don’t you know that slavery was outlawed?”
“No,” the guard said, “you’re wrong. Slavery was outlawed with the exception of prisons. Slavery is legal in prisons.”
I looked it up and sure enough, she was right. The Thirteenth Amendment to the Constitution says:
“Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
Well, that explained a lot of things. That explained why jails and prisons all over the country are filled to the brim with Black and Third World people, why so many Black people can’t find a job on the streets and are forced to survive the best way they know how. Once you’re in prison, there are plenty of jobs, and, if you don’t want to work, they beat you up and throw you in a hole. If every state had to pay workers to do the jobs prisoners are forced to do, the salaries would amount to billions… Prisons are a profitable business. They are a way of legally perpetuating slavery. In every state more and more prisons are being built and even more are on the drawing board. Who are they for? They certainly aren’t planning to put white people in them. Prisons are part of this government’s genocidal war against Black and Third World people.
”
”
Assata Shakur (Assata: An Autobiography)
“
The trial awaiting Helen was known among the Toltecs as a Kazil,
a special court convened to consider only those state crimes serious
enough to be punished by death. It consisted of a joint session of
the Kinshazen and the highest-ranking priests of the Temple of Kronos,
who were referred to as the Host of the Faithful.
A Kazil was always conducted at Kindred House, the building where
the members of the Kinshazen met. Its outer layer consisted of massive
blocks of polished pink granite, which had a decidedly dark cast to it.
Kindred House was closest to Lake Shambhala of all the structures in
the Nighthall government complex.
Those summoned before a Kazil and convicted of the charges were invariably put to death within three days of the proceeding. And in only a few, very rare, instances had anyone been found innocent on trial before a Kazil.
”
”
Candace L. Talmadge (Stoneslayer: Book One Scandal)
“
Did they know that Arthur Conan Doyle went on to investigate mysteries in his real life and absolved a man for a crime for which he has been convicted? Did they know how Agatha Christie brilliantly staged her own disappearance in order to exact an elegant revenge on a cheating husband? They probably did not. And no one was going to discount Stevie Bell, who had gotten into this school on the wings of her interest in the Ellingham case, and who had been a bystander at a death that was now looking more and more suspicious.
”
”
Maureen Johnson (Truly, Devious (Truly Devious, #1))
“
They tell you that if you're assaulted, there's a kingdom, a courthouse, high up on a mountain where justice can be found. Most victims are turned away at the base of the mountain, told they don't have enough evidence to make the journey. Some victims sacrifice everything to make the climb, but are slain along the way, the burden of proof impossibly high. I set off, accompanied by a strong team, who helped carry the weight, until I made it, the summit, the place few victims reached, the promised land. We'd gotten an arrest, a guilty verdict, the small percentage that gets a conviction. It was time to see what justice looked like. We threw open the doors, and there was nothing. It took the breath out of me. Even worse was looking back down to the bottom of the mountain, where I imagined expectant victims looking up, waving cheering, expectantly. What do you see? What does it feel like? What happens when you arrive? What could I tell them? A system does not exist for you. The pain of this process couldn't be worth it. These crimes are not crimes but inconveniences. You can fight and fight and for what? When you are assaulted, run and never look back. This was not one bad sentence. This was the best we could hope for.
”
”
Chanel Miller (Know My Name)
“
You keep accusing me of blasphemy all of the time, But I cannot be convicted of a victimless crime.
”
”
Dan Barker
“
Feminists don’t single out rape jokes because rape is “worse” than other crimes—we single them out because we live in a culture that actively strives to shrink the definition of sexual assault; that casts stalking behaviors as romance; blames victims for wearing the wrong clothes, walking through the wrong neighborhood, or flirting with the wrong person; bends over backwards to excuse boys-will-be-boys misogyny; makes the emotional and social costs of reporting a rape prohibitively high; pretends that false accusations are a more dire problem than actual assaults; elects officials who tell rape victims that their sexual violation was “god’s plan”; and convicts in less than 5 percent of rape cases that go to trial.
”
”
Lindy West (Shrill: Notes from a Loud Woman)
“
Religion is a totalitarian belief. It is the wish to be a slave. It is the desire that there be an unalterable, unchallengeable, tyrannical authority who can convict you of thought crime while you are asleep, who can subject you to total surveillance around the clock every waking and sleeping minute of your life, before you're born and, even worse and where the real fun begins, after you're dead. A celestial North Korea. Who wants this to be true? Who but a slave desires such a ghastly fate? I've been to North Korea. It has a dead man as its president, Kim Jong-Il is only head of the party and head of the army. He's not head of the state. That office belongs to his deceased father, Kim Il-Sung. It's a necrocracy, a thanatocracy. It's one short of a trinity I might add. The son is the reincarnation of the father. It is the most revolting and utter and absolute and heartless tyranny the human species has ever evolved. But at least you can f#$%ing die and leave North Korea!
”
”
Christopher Hitchens
“
He has the memory of a convict, the balls of a fireman, and the eyesight of a housebreaker. When there is crime to fight, Landsman tears around Sitka like a man with his pant leg caught on a rocket. It's like there's a film score playing behind him, heavy on the castanets. The problem comes in the hours when he isn't working, when his thoughts start blowing out the open window of his brain like pages from the blotter. Sometimes it takes a heavy paperweight to pin them down.
”
”
Michael Chabon (The Yiddish Policemen's Union)
“
This book is written with the deep conviction that the ethnic cleansing of Palestine must become rooted in our memory and consciousness as a crime against humanity and that it should be excluded from the list of alleged crimes.
”
”
Ilan Pappé (The Ethnic Cleansing of Palestine)
“
Let's say that the consensus is that our species, being the higher primates, Homo Sapiens, has been on the planet for at least 100,000 years, maybe more. Francis Collins says maybe 100,000. Richard Dawkins thinks maybe a quarter-of-a-million. I'll take 100,000. In order to be a Christian, you have to believe that for 98,000 years, our species suffered and died, most of its children dying in childbirth, most other people having a life expectancy of about 25 years, dying of their teeth. Famine, struggle, bitterness, war, suffering, misery, all of that for 98,000 years.
Heaven watches this with complete indifference. And then 2000 years ago, thinks 'That's enough of that. It's time to intervene,' and the best way to do this would be by condemning someone to a human sacrifice somewhere in the less literate parts of the Middle East. Don't lets appeal to the Chinese, for example, where people can read and study evidence and have a civilization. Let's go to the desert and have another revelation there. This is nonsense. It can't be believed by a thinking person.
Why am I glad this is the case? To get to the point of the wrongness of Christianity, because I think the teachings of Christianity are immoral. The central one is the most immoral of all, and that is the one of vicarious redemption. You can throw your sins onto somebody else, vulgarly known as scapegoating. In fact, originating as scapegoating in the same area, the same desert. I can pay your debt if I love you. I can serve your term in prison if I love you very much. I can volunteer to do that. I can't take your sins away, because I can't abolish your responsibility, and I shouldn't offer to do so. Your responsibility has to stay with you. There's no vicarious redemption. There very probably, in fact, is no redemption at all. It's just a part of wish-thinking, and I don't think wish-thinking is good for people either.
It even manages to pollute the central question, the word I just employed, the most important word of all: the word love, by making love compulsory, by saying you MUST love. You must love your neighbour as yourself, something you can't actually do. You'll always fall short, so you can always be found guilty. By saying you must love someone who you also must fear. That's to say a supreme being, an eternal father, someone of whom you must be afraid, but you must love him, too. If you fail in this duty, you're again a wretched sinner. This is not mentally or morally or intellectually healthy.
And that brings me to the final objection - I'll condense it, Dr. Orlafsky - which is, this is a totalitarian system. If there was a God who could do these things and demand these things of us, and he was eternal and unchanging, we'd be living under a dictatorship from which there is no appeal, and one that can never change and one that knows our thoughts and can convict us of thought crime, and condemn us to eternal punishment for actions that we are condemned in advance to be taking. All this in the round, and I could say more, it's an excellent thing that we have absolutely no reason to believe any of it to be true.
”
”
Christopher Hitchens
“
Why me, Bailey?” Ambrose shot back, his voice too loud for the sober setting. “Why not you, Ambrose?” Bailey bit back immediately, making Ambrose start as if Bailey had convicted him of a crime. “Why me? Why am I in a flipping wheelchair?” “And why Paulie and Grant? Why Jesse and Beans? Why do terrible things happen to such good people?” Ambrose asked. “Because terrible things happen to everyone, Brosey. We're all just so caught up in our own crap that we don't see the shit everyone else is wading through.
”
”
Amy Harmon (Making Faces)
“
She looked at them with shining eyes. Her chin went up. She said:
"You regard it as impossible that a sinner should be struck down
by the wrath of God! I do not!"
The judge stroked his chin. He murmured in a slightly ironic voice:
"My dear lady, in my experience of ill-doing, Providence leaves the work
of conviction and chastisement to us mortals-and the process is often
fraught with difficulties. There are no short cuts.
”
”
Agatha Christie (And Then There Were None)
“
Imagine someone is racing intentionally towards his own destruction and you can save him - do you go ahead and save him? Imagine there's an operation, and the patient is a drug user and the drugs are incompatible with the anesthetic, but the patient is ashamed of being an addict and does not want to tell the anesthesiologist - do you talk to the anesthesiologist? Imagine a trial and a defendant who will be convicted if he doesn't admit to being left handed - do you tell the judge what's going on? Imagine he's gay, and could not have committed the crime because he's gay, but is ashamed of being gay. It isn't a question of whether the defendant should be ashamed of being left-handed or gay --- just imagine that he is
”
”
Bernhard Schlink
“
You look at me with conviction when I don't even know the crime I committed.
”
”
Liana Cincotti (Picking Daisies on Sundays (Picking Daisies on Sundays, #1))
“
Let that be the crime for which I am finally convicted: my father is not a good man, and I will not pretend he is, will not praise him in ways he has not earned and never will.
”
”
Seanan McGuire (Lost in the Moment and Found (Wayward Children, #8))
“
Your colleague, Captain Grimes, has been convicted before me on evidence that leaves no possibility of his innocence - of a crime (I might almost call it a course of action) which I can neither understand nor excuse. I dare say I need not particularise.
”
”
Evelyn Waugh (Decline and Fall)
“
The President of the United States would be liable to be impeached, tried, and, upon conviction of treason, bribery, or other high crimes or misdemeanors, removed from office; and would afterwards be liable to prosecution and punishment in the ordinary course of law.
”
”
Alexander Hamilton (The Federalist Papers (Illustrated))
“
That bastard tried to murder my son. He can spend the rest of his rotten, deceitful life in a prison cell. But he’s not the ultimate prize. I won’t rest until both the President and Attorney General of the United States are impeached, convicted, and thrown in a prison cell.
”
”
Mark M. Bello (Betrayal High (Zachary Blake Legal Thriller, #5))
“
There’s also subliminal cuing about beauty.18 From an early age, in both sexes and across cultures, attractive people are judged to be smarter, kinder, and more honest. We’re more likely to vote for attractive people or hire them, less likely to convict them of crimes, and, if they are convicted, more likely to dole out shorter sentences.
”
”
Robert M. Sapolsky (Behave: The Biology of Humans at Our Best and Worst)
“
I think most historians would agree that the part played by impulses of selfish, individual aggression in the holocausts of history was small; first and foremost, the slaughter was meant as an offering to the gods, to king and country, or the future happiness of mankind. The crimes of a Caligula shrink to insignificance compared to the havoc wrought by Torquemada. The number of victims of robbers, highwaymen, rapists, gangsters and other criminals at any period of history is negligible compared to the massive numbers of those cheerfully slain in the name of the true religion, just policy or correct ideology. Heretics were tortured and burnt not in anger but in sorrow, for the good of their immortal souls. Tribal warfare was waged in the purported interest of the tribe, not of the individual. Wars of religion were fought to decide some fine point in theology or semantics. Wars of succession dynastic wars, national wars, civil wars, were fought to decide issues equally remote from the personal self-interest of the combatants.
Let me repeat: the crimes of violence committed for selfish, personal motives are historically insignificant compared to those committed ad majorem gloriam Dei, out of a self-sacrificing devotion to a flag, a leader, a religious faith or a political conviction. Man has always been prepared not only to kill but also to die for good, bad or completely futile causes. And what can be a more valid proof of the reality of the self-transcending urge than this readiness to die for an ideal?
”
”
Arthur Koestler (The Ghost in the Machine)
“
only between 5 percent and 20 percent of forcible rapes in the United States are reported to the police; a paltry 0.4 percent to 5.4 percent of rapes are ever prosecuted; and just 0.2 percent to 2.8 percent of forcible rapes culminate in a conviction that includes any time in jail for the assailant. Here’s another way to think about these numbers: When an individual is raped in this country, more than 90 percent of the time the rapist gets away with the crime. —
”
”
Jon Krakauer (Missoula: Rape and the Justice System in a College Town)
“
I refer to what is called mysterium iniquitatis, meaning, as I see it, that a crime in the final analysis remains inexplicable inasmuch as it cannot be fully traced back to biological, psychological and/or sociological factors. Totally explaining one’s crime would be tantamount to explaining away his or her guilt and to seeing in him or her not a free and responsible human being but a machine to be repaired. Even criminals themselves abhor this treatment and prefer to be held responsible for their deeds. From a convict serving his sentence in an Illinois penitentiary I received a letter in which he deplored that 'the criminal never has a chance to explain himself. He is offered a variety of excuses to choose from. Society is blamed and in many instances the blame is put on the victim.
”
”
Viktor E. Frankl (Man's Search for Meaning)
“
In all the interviews I have done, I cannot remember one offender who did not admit privately to more victims than those for whom he had been caught. On the contrary, most offenders had been charged with and/or convicted of from one to three victims. In the interviews I have done, they have admitted to roughly 10 to 1,250 victims. What was truly frightening was that all the offenders had been reported before by children, and the reports had been ignored.
”
”
Anna C. Salter (Predators: Pedophiles, Rapists, and Other Sex Offenders)
“
Hopefully not another employee stealing credit cards, Brooke mused. Or any sort of headache-inducing “oops moment,” like the time one of the restaurant managers called to ask if he could fire a line cook after discovering that the man was a convicted murderer.
“Jeez. How’d you learn that?” Brooke had asked.
“He made a joke to one of the waiters about honing his cooking skills in prison. The waiter asked what he’d been serving time for, and he said, ‘Murder.’”
“I bet that put an end to the conversation real fast. And yes, you can fire him,” Brooke had said.
“Obviously, he lied on his employment application.” All of Sterling’s employees, regardless of job position, were required to answer whether they’d ever been convicted of a crime involving “violence, deceit, or theft.” Pretty safe to say that murder qualified.
Ten minutes later, the manager had called her back.
“Um . . . what if he didn’t exactly lie? I just double-checked his application, and as it turns out, he did check the box for having been convicted of a crime.”
Brooke had paused at that. “And then the next question, where we ask what crime he’d been convicted for, what did he write?”
“Uh . . . ‘second-degree murder.’”
“I see. Just a crazy suggestion here, Cory, but you might want to start reading these applications a little more closely before making employment offers.”
“Please don’t fire me.
”
”
Julie James (Love Irresistibly (FBI/US Attorney, #4))
“
Sometimes I feel like a normal person. Sometimes I forget I’m on parole, that I’m not really free.
”
”
Jennifer Lane (Bad Behavior (Conduct, #2))
“
The mind convicts itself in advance, when scoundrels are up to no good, plotting in the dark. Oh but I hate it more when a traitor, caught red-handed, tries to glorify his crimes.
”
”
Sophocles (Antigone (The Theban Plays, #3))
“
At first—long before indeed—he had been much occupied with one question; why almost all crimes are so badly concealed and so easily detected, and why almost all criminals leave such obvious traces? He had come gradually to many different and curious conclusions, and in his opinion the chief reason lay not so much in the material impossibility of concealing the crime, as in the criminal himself. Almost every criminal is subject to a failure of will and reasoning power by a childish and phenomenal heedlessness, at the very instant when prudence and caution are most essential. It was his conviction that this eclipse of reason and failure of will power attacked a man like a disease, developed gradually and reached its highest point just before the perpetration of the crime, continued with equal violence at the moment of the crime and for longer or shorter time after, according to the individual case, and then passed off like any other disease. The question whether the disease gives rise to the crime, or whether the crime from its own peculiar nature is always accompanied by something of the nature of disease, he did not yet feel able to decide.
”
”
Fyodor Dostoevsky (Crime and Punishment)
“
But once, in his anger, Aidan had asked me whether I thought I had wasted my life, and I had told him no. No, I had not. But I had been wrong. And Tom Cardle has been right. For I had known everything, right from the start, and never acted on any of it. I had blocked it from my mind time and again, refused to recognize what was staring me in the face. I had said nothing when I should have spoken out, convincing myself that I was a man of higher character. I had been complicit in all their crimes, and people had suffered because of me. I had wasted my life. I had wasted every moment of my life. And the final irony was that it had taken a convicted pedophile to show me that in my silence, I was just as guilty as the rest of them.
”
”
John Boyne (A History of Loneliness)
“
It belongs among the refinements of totalitarian governments in our century that they don't permit their opponents to die a great, dramatic martyr's death for their convictions. A good many of us might have accepted such a death. The totalitarian state lets its opponents disappear in silent anonymity. It is certain that anyone who had dared to suffer death rather than silently tolerate the crime would have sacrificed his life in vain.
”
”
Hannah Arendt (Eichmann in Jerusalem: A Report on the Banality of Evil)
“
I regard marriage as a sin and propagation of children as a crime. It is my conviction also that he is a fool, and still more a sinner, who takes upon himself the yoke of marriage - a fool, because he thereby throws away his freedom, without gaining a corresponding recompense; a sinner, because he gives life to children, without being able to give them the certainty of happiness. I despise humanity in all its strata; I foresee that our posterity will be far more unhappy than we are; and should not I be a sinner, if, in spite of this insight, I should take care to leave a posterity of unhappy beings behind me? The whole of life is the greatest insanity. And if for eighty years one strives and inquiries, still one is obliged finally to confess that he has striven for nothing and has found nothing. Did we at least know why we are in this world! But to the thinker, everything is and remains a riddle; and the greatest good luck is that of being born a flathead.
”
”
Alexander von Humboldt
“
The notion that a vast gulf exists between "criminals" and those of us who have never served time in prison is a fiction created by the racial ideology that birthed mass incarceration, namely that there is something fundamentally wrong and morally inferior about "them." The reality, though, is that all of us have done wrong. As noted earlier, studies suggest that most Americans violate drug laws in their lifetime. Indeed, most of us break the law not once but repeatedly throughout our lives. Yet only some of us will be arrested, charged, convicted of a crime, branded a criminal or a felon, and ushered into a permanent undercaste. Who becomes a social pariah and excommunicated from civil society and who trots off to college bears scant relationship to the morality of the crimes committed. Who is more blameworthy: the young black kid who hustles on the street corner, selling weed to help his momma pay rent? Or the college kid who deals drugs out of his dorm room so that he'll have cash to finance his spring break? Who should we fear? The kid in the 'hood who joined a gang and now carries a gun for security, because his neighborhood is frightening and unsafe? Or the suburban high school student who has a drinking problem but keeps getting behind the wheel? Our racially biased system of mass incarceration exploits the fact that all people break the law and make mistakes at various points in their lives with varying degrees of justification. Screwing up-failing to live by one's highest ideals and values-is part of what makes us human.
”
”
Michelle Alexander
“
Being “up to something” was the unnamable and unforgiveable crime for which any American male could be indicted, tried, convicted, and sentenced in one breath. He wondered how things had gotten rigged so that the male half of the race must always behave to suit feminine rules and feminine logic, like a snotty-nosed school boy in front of a stern teacher.
”
”
Robert A. Heinlein (The Man Who Sold the Moon and Orphans of the Sky)
“
People think I’m obsessed, that I’m crazy. That I’m selfish and a fool. But what would you do if your son was convicted for a crime he didn’t commit? If he was locked up for the rest of his life and you knew in your bones he was innocent? If your family was broken?
You have two choices when you’re confronted with your every last fear:
Give up or fight like hell.
”
”
Alex Finlay (Every Last Fear)
“
Now take a man who is sensitive, cultured, and of delicate conscience. What he feels kills him more surely than the material punishment. The judgement which he himself pronounces on his crime is more pitiless than that of the most severe tribunal, the most Draconian law. He lives side by side with another convict, who has not once during all his time in prison reflected on the murder he is expiating. He may even consider himself innocent. Are there not also poor devils who commit crimes in order to be sent to hard labour, and thus escape from a freedom which is much more painful than confinement?
”
”
Fyodor Dostoevsky (The House of the Dead)
“
The greatest barrier to the emergence and spread of these movements is not the overwhelming power of capital. It is the conviction, held by millions of people, that change is impossible. The moment we let go of our collective belief in the inevitability of the current system is the moment we start to build a new one.
”
”
Grace Blakeley (Vulture Capitalism: Corporate Crimes, Backdoor Bailouts, and the Death of Freedom)
“
Genetics, accidents of birth or events in early childhood have left criminals' brains and bodies with measurable flaws predisposing them to committing assault, murder and other antisocial acts. ....
Many offenders also have impairments in their autonomic nervous system, the system responsible for the edgy, nervous feeling that can come with emotional arousal. This leads to a fearless, risk-taking personality, perhaps to compensate for chronic under-arousal.
Many convicted criminals, like the Unabomber, have slow heartbeats.
It also gives them lower heart rates, which explains why heart rate is such a good predictor of criminal tendencies. The Unabomber, Ted Kaczynski, for example, had a resting heart rate of just 54 beats per minute, which put him in the bottom 3 per cent of the population.
”
”
Adrian Raine
“
Listen, Parfyon, a few moments ago you asked me a question, and this is my answer: the essence of religious feeling has nothing to do with any reasoning, or any crimes and misdemeanors or atheism; is is something entirely different and it will always be so; it is something our atheists will always overlook, and they will never talk about THAT. But the important thing is that you will notice it most clearly in a Russian heart, and that's the conclusion I've come to! This is one of the chief convictions I have acquired in our Russia. There's work to be done, Parfyon. Believe me, there's work to be done in our Russian world!
”
”
Fyodor Dostoevsky (The Idiot)
“
I used to joke that we had prepared ourselves for a time like this by living with Mother. The problem with such a state of affairs was not that you did not get to do what you wanted---sometimes you did---but the effort to appease or resist the reigning deities left you so exhausted that it prevented you from ever really having fun. To this day having fun, just plain enjoying myself, comes at the cost of a conviction that I have committed an undetected crime.
”
”
Azar Nafisi (Things I've Been Silent About)
“
After a victim has reported a crime to the police, many people believe that the decision whether or not to charge the suspect with a crime, and then prosecute the suspect, is the prerogative of the victim. News media often contribute to this misconception in stories about rape victims by reporting that a victim 'declined to press charges.' In fact, the criminal justice system gives victims no direct say in the matter. It's the police, for the most part, who decide whether a suspect should be arrested, and prosecutors who ultimately determine whether a conviction should be pursued.
”
”
Jon Krakauer (Missoula: Rape and the Justice System in a College Town)
“
In the twenties the religious education of
children was classified as a political crime under Article 58-10 of the Code—in other words, counterrevolutionary propaganda! True, one was still permitted to renounce one's religion at one's trial: it didn't often happen but it nonetheless did happen that the father would renounce his religion and remain at home to raise the children while the mother went to the Solovetsky Islands. (Throughout all those years women manifested great firmness in their faith.) All persons convicted of religious activity received tenners, the longest term then given.
”
”
Aleksandr Solzhenitsyn (The Gulag Archipelago 1918–1956 (Abridged))
“
I once saw a convict who had been twenty years in prison and was being released take leave of his fellow prisoners. There were men who remembered his first coming into prison, when he was young, careless, heedless of his crime and his punishment. He went out a grey-headed, elderly man, with a sad sullen face. He walked in silence through our six barrack-rooms. As he entered each room he prayed to the ikons, and then bowing low to his fellow prisoners he asked them not to remember evil against him.
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Fyodor Dostoevsky (The House of the Dead)
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They're gonna keep telling you are a crime of nature
and you're gonna look at all your options, and choose conviction,
choose to carve your own heart out of a side of a cliff,
choose to spend your whole life telling secrets you owe no one till everyone, till there isn't anyone who can insult you by calling you what you are.
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Andrea Gibson
“
Start with the observation that American law is not designed to catch and punish every instance of illegal conduct. Nothing short of a totalitarian state could do that. It is designed to prosecute persons when there is a reasonable basis for believing they have committed a crime, and then to convict them when there is no reasonable doubt that they are guilty.
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Dale Carpenter (Flagrant Conduct: The Story of Lawrence v. Texas)
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It’s a horrible idea that there is somebody who owns us, who makes us, who supervises us – waking and sleeping – who knows our thoughts, who can convict us of thought crime – thought crime! Just for what we think! – who can judge us while we sleep for things that might occur to us in our dreams; who can create us sick – as apparently we are – and then order us on pain of eternal torture to be well again. To demand this, to wish this to be true, is to wish to live as an abject slave!
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Christopher Hitchens
“
Talk of "witch-hunts" conceals an inconvenient fact: men charged with rape stand a better chance of walking free than other defendants. The conviction rate in rape trials – 63 per cent in 2012/13 – is quite a lot lower. Prosecutors are taking a bigger risk when they bring rape cases to court, especially when the alleged offences happened decades ago, leaving no forensic evidence.
The Independent, 9 February 2014
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Joan Smith
“
The critical point is that thousands of people are swept into the criminal justice system every year pursuant to the drug war without much regard for their guilt or innocence. The police are allowed by the courts to conduct fishing expeditions for drugs on the streets and freeways based on nothing more than a hunch...and once inside the system, people are often denied attorneys or meaningful representation and pressured into plea bargains by the threat of unbelievably harsh sentences - sentences for minor drug crimes that are higher than many countries impose on convicted murderers. This is the way the roundup works, and it works this way in virtually every major city in the United States.
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Michelle Alexander (The New Jim Crow: Mass Incarceration in the Age of Colorblindness)
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This monograph by Special Agent Ken Lanning (1992) is merely a guide for those who may investigate this phenomenon, as the title indicates, and not a study. The author is a well known skeptic regarding cult and ritual abuse allegations and has consulted on a number of cases but to our knowledge has not personally investigated the majority of these cases, some of which have produced convictions. p179
[refers to Lanning, K. V. (1992)
Investigator's guide to allegations of "ritual" child abuse. Quantico, VA: National Center for the Analysis of Violent Crime.]
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Pamela Sue Perskin (Cult and Ritual Abuse: Its History, Anthropology, and Recent Discovery in Contemporary America)
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Religion is a totalitarian belief. It is the wish to be a slave. It is the desire that there be an unalterable, unchallengeable, tyrannical authority who can convict you of thought crime while you are asleep, who can subject you to total surveillance around the clock every waking and sleeping minute of your life, before you're born and, even worse and where the real fun begins, after you're dead. A celestial North Korea. Who wants this to be true? Who but a slave desires such a ghastly fate? I've been to North Korea. It has a dead man as its president, Kim Jong-Il is only head of the party and head of the army. He's not head of the state. That office belongs to his deceased father, Kim Il-Sung. It's a necrocracy, a thanatocracy. It's one short of a trinity I might add. The son is the reincarnation of the father. It is the most revolting and utter and absolute and heartless tyranny the human species has ever evolved. But at least you can fucking die and leave North Korea!
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Christopher Hitchens
“
When we reflect that her century was the brutalest, the wickedest, the rottenest in history since the darkest ages, we are lost in wonder at the miracle of such a product from such a soil. The contrast between her and her century is the contrast between day and night. She was truthful when lying was the common speech of men; she was honest when honesty was become a lost virtue; she was a keeper of promises when the keeping of a promise was expected of no one; she gave her great mind to great thoughts and great purposes when other great minds wasted themselves upon pretty fancies or upon poor ambitions; she was modest, and fine, and delicate when to be loud and coarse might be said to be universal; she was full of pity when a merciless cruelty was the rule; she was steadfast when stability was unknown, and honorable in an age which had forgotten what honor was; she was a rock of convictions in a time when men believed in nothing and scoffed at all things; she was unfailingly true to an age that was false to the core; she maintained her personal dignity unimpaired in an age of fawnings and servilities; she was of a dauntless courage when hope and courage had perished in the hearts of her nation; she was spotlessly pure in mind and body when society in the highest places was foul in both—she was all these things in an age when crime was the common business of lords and princes, and when the highest personages in Christendom were able to astonish even that infamous era and make it stand aghast at the spectacle of their atrocious lives black with unimaginable treacheries, butcheries, and beastialities.
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Mark Twain (Joan of Arc)
“
A memory is least accurate when most reflected upon, and most accurate when least pondered. Together, those two facts make eyewitness testimony basically worthless. This isn’t what most people believe. Psychologists Dan Simons and Christopher Chabris published a study in 2011 revealing that 63 percent of those surveyed in the United States believe memory works like a video camera, and another 48 percent believe memories are permanent. An additional 37 percent said that eyewitness testimony was reliable enough to be the only evidence necessary to convict someone accused of a crime. Those are seriously shocking facts to a psychologist or a neuroscientist, because none of those things is true. You don’t record everything you see, nor do you notice everything that comes into your mind. The only things that make it past the ears and eyes are those things to which you attend. Memories are not recordings. The moment your first kiss was over, the memory of it began to decay. Each time you recall it, the event is reformed in your mind anew and differently, influenced by your current condition and by all the wisdom you’ve acquired since and all the erroneous details you’ve added.
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David McRaney (You Are Now Less Dumb: How to Conquer Mob Mentality, How to Buy Happiness, and All the Other Ways to Outsmart Yourself)
“
If you tell Google that you would like to see images of ‘Black men’ the images that come up are all portrait photos of black men. Indeed, it takes more than a dozen rows of images before anybody who isn’t black comes up in the images. By contrast a search for ‘White men’ first throws up an image of David Beckham – who is white – but then the second is of a black model. From there every line of five images has either one or two black men in the line-up. Many of the images of white men are of people convicted of crimes with taglines such as ‘Beware of the average white man’ and ‘White men are bad’.
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Douglas Murray (The Madness of Crowds: Gender, Race and Identity)
“
Far from resisting the emergence of the new caste system, Clinton escalated the drug war beyond what conservatives had imagined possible a decade earlier. As the Justice Policy Institute has observed, “the Clinton Administration’s ‘tough on crime’ policies resulted in the largest increases in federal and state prison inmates of any president in American history.”99 Clinton eventually moved beyond crime and capitulated to the conservative racial agenda on welfare. This move, like his “get tough” rhetoric and policies, was part of a grand strategy articulated by the “new Democrats” to appeal to the elusive white swing voters. In so doing, Clinton—more than any other president—created the current racial undercaste. He signed the Personal Responsibility and Work Opportunity Reconciliation Act, which “ended welfare as we know it,” replacing Aid to Families with Dependent Children (AFDC) with a block grant to states called Temporary Assistance to Needy Families (TANF). TANF imposed a five-year lifetime limit on welfare assistance, as well as a permanent, lifetime ban on eligibility for welfare and food stamps for anyone convicted of a felony drug offense—including simple possession of marijuana.
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Michelle Alexander (The New Jim Crow: Mass Incarceration in the Age of Colorblindness)
“
Like prison systems throughout the South, Texas's grew directly out of slavery. After the Civil War the state's economy was in disarray, and cotton and sugar planters suddenly found themselves without hands they could force to work. Fortunately for them, the Thirteenth Amendment, which abolished slavery, left a loophole. It said that 'neither slavery nor involuntary servitude' shall exist in the United States 'except as punishment for a crime.' As long as black men were convicted of crimes, Texas could lease all of its prisoners to private cotton and sugar plantations and companies running lumber camps and coal mines, and building railroads. It did this for five decades after the abolition of slavery, but the state eventually became jealous of the revenue private companies and planters were earning from its prisoners. So, between 1899 and 1918, the state bought ten plantations of its own and began running them as prisons.
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Shane Bauer (American Prison: A Reporter's Undercover Journey into the Business of Punishment)
“
Let me repeat: the crimes of violence committed for selfish personal motives are historically insignificant compared to those committed ad majoram gloriam Dei, out of a self-sacrificing devotion to a flag, a leader, a religious faith, or a political conviction. Man has always been prepared not only to kill but also to die for good, bad or completely futile causes. And what can be a more valid proof of the reality of the self-transcending urge than this readiness to die for an ideal?
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Arthur Koestler (The Ghost in the Machine)
“
The privileges of the clergy in those ancient times (which to us, who live in the present times, appear the most absurd), their total exemption from the secular jurisdiction, for example, or what in England was called the benefit of clergy, were the natural, or rather the necessary, consequences of this state of things. How dangerous must it have been for the sovereign to attempt to punish a clergyman for any crime whatever, if his order were disposed to protect him, and to represent either the proof as insufficient for convicting so holy a man, or the punishment as too severe to be inflicted upon one whose person had been rendered sacred by religion? The sovereign could, in such circumstances, do no better than leave him to be tried by the ecclesiastical courts, who, for the honour of their own order, were interested to restrain, as much as possible, every member of it from committing enormous crimes, or even from giving occasion to such gross scandal as might disgust the minds of the people.
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Adam Smith (An Inquiry into the Nature and Causes of the Wealth of Nations)
“
I used to read in books how our fathers persecuted mankind. But I never appreciated it. I did not really appreciate the infamies that have been committed in the name of religion, until I saw the iron arguments that Christians used. I saw the Thumbscrew—two little pieces of iron, armed on the inner surfaces with protuberances, to prevent their slipping; through each end a screw uniting the two pieces. And when some man denied the efficacy of baptism, or may be said, 'I do not believe that a fish ever swallowed a man to keep him from drowning,' then they put his thumb between these pieces of iron and in the name of love and universal forgiveness, began to screw these pieces together. When this was done most men said, 'I will recant.' Probably I should have done the same. Probably I would have said: 'Stop; I will admit anything that you wish; I will admit that there is one god or a million, one hell or a billion; suit yourselves; but stop.'
But there was now and then a man who would not swerve the breadth of a hair. There was now and then some sublime heart, willing to die for an intellectual conviction. Had it not been for such men, we would be savages to-night. Had it not been for a few brave, heroic souls in every age, we would have been cannibals, with pictures of wild beasts tattooed upon our flesh, dancing around some dried snake fetich.
Let us thank every good and noble man who stood so grandly, so proudly, in spite of opposition, of hatred and death, for what he believed to be the truth.
Heroism did not excite the respect of our fathers. The man who would not recant was not forgiven. They screwed the thumbscrews down to the last pang, and then threw their victim into some dungeon, where, in the throbbing silence and darkness, he might suffer the agonies of the fabled damned. This was done in the name of love—in the name of mercy, in the name of Christ.
I saw, too, what they called the Collar of Torture. Imagine a circle of iron, and on the inside a hundred points almost as sharp as needles. This argument was fastened about the throat of the sufferer. Then he could not walk, nor sit down, nor stir without the neck being punctured, by these points. In a little while the throat would begin to swell, and suffocation would end the agonies of that man. This man, it may be, had committed the crime of saying, with tears upon his cheeks, 'I do not believe that God, the father of us all, will damn to eternal perdition any of the children of men.'
I saw another instrument, called the Scavenger's Daughter. Think of a pair of shears with handles, not only where they now are, but at the points as well, and just above the pivot that unites the blades, a circle of iron. In the upper handles the hands would be placed; in the lower, the feet; and through the iron ring, at the centre, the head of the victim would be forced. In this condition, he would be thrown prone upon the earth, and the strain upon the muscles produced such agony that insanity would in pity end his pain.
I saw the Rack. This was a box like the bed of a wagon, with a windlass at each end, with levers, and ratchets to prevent slipping; over each windlass went chains; some were fastened to the ankles of the sufferer; others to his wrists. And then priests, clergymen, divines, saints, began turning these windlasses, and kept turning, until the ankles, the knees, the hips, the shoulders, the elbows, the wrists of the victim were all dislocated, and the sufferer was wet with the sweat of agony. And they had standing by a physician to feel his pulse. What for? To save his life? Yes. In mercy? No; simply that they might rack him once again.
This was done, remember, in the name of civilization; in the name of law and order; in the name of mercy; in the name of religion; in the name of Christ.
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Robert G. Ingersoll (The Liberty Of Man, Woman And Child)
“
Max Weber famously pointed out that a sovereign state's institutional representatives maintain a monopoly on the right of violence within the state's territory. Normally, this violence can only be exercised by certain duly authorized officials (soldiers, police, jailers), or those authorized by such officials (airport security, private guards…), and only in a manne explicitly designated by law. But ultimately, sovereign power really is, still, the right to brush such legalities aside, or to make them up as one goes along. The United States might call itself "a country of laws, not men", but as we have learned in recent years, American presidents can order torture, assassinations, domestic surveillance programs, even set up extra-legal zones like Guantanamo where they can treat prisoners pretty much any way they choose to. Even on the lowest levels, those who enforce the law are not really subject to it. It's extraordinary difficult, for instance, for a police officer to do *anything* to an American citizen that would lead to that officer being convicted of a crime. (p. 195)
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David Graeber (The Utopia of Rules: On Technology, Stupidity, and the Secret Joys of Bureaucracy)
“
Stanley was not a bad kid. He was innocent of the crime for which he was convicted. He'd just been in the wrong place at the wrong time. It was all because of his no-good-dirty-rotten-pig-stealing-great-great-grandfather! He smiled. It was a family joke. Whenever anything went wrong, they always blamed Stanley's no-good-dirty-rotten-pig-stealing-great-great-grandfather.
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Louis Sachar (Holes (Holes, #1))
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The rule of law should mean something. If there is probable cause to believe Trump committed crimes--and by now there's little doubt--he should be charged, arrested, and tried. If convicted, Trump should go to prison for the rest of his life. He directed and unleashed an attach on American democracy and destroyed countless police officers' lives. People may say I'm bitter, but I don't give a fuck. I'm angry. I love my country, and I want justice. Attorney General Merrick Garland, who is said be reluctant to indict a former president needs to grow a pair and do his job.
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Michael Fanone (Hold the Line: The Insurrection and One Cop's Battle for America's Soul)
“
Perpetrators increasingly are the ones to call the police, threaten legal action, send lawyer letters, or threaten or seek restraining orders as part and parcel of their agenda of blame and unilateral control. It is an agenda designed to avoid by any means necessary having to examine their own behavior, history, or participation in the Conflict. Actively violent and truly abusive people are hard to convict, and innocent people are convicted of crimes every day. At the same time a targeted victim may rarely be convicted and incarcerated based on exclusively harassing uses of the law, but the stigma, the anxiety, the expense and fear caused by cynical manipulation of police, lawyers, and courts can be the punitive, avoidant goal. The state’s protective machine becomes an additional tool of harassment.
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Sarah Schulman (Conflict Is Not Abuse: Overstating Harm, Community Responsibility, and the Duty of Repair)
“
Abraham Lincoln was not, in the fullest sense of the word, either our man or our model. In his interests, in his associations, in his habits of thought, and in his prejudices, he was a white man.
[...] Any man can say things that are true of Abraham Lincoln, but no man can say anything that is new of Abraham Lincoln. His personal traits and public acts are better known to the American people than are those of any other man of his age. He was a mystery to no man who saw him and heard him. Though high in position, the humblest could approach him and feel at home in his presence. Though deep, he was transparent; though strong, he was gentle; though decided
and pronounced in his convictions, he was tolerant towards those who differed from him, and patient under reproaches.
[...] I have said that President Lincoln was a white man, and shared the prejudices common to his countrymen towards the colored race. Looking back to his times and to the condition of his country, we are compelled to admit that this unfriendly feeling on his part may be safely set down as one element of his wonderful success in organizing the loyal American people for the tremendous conflict before them, and bringing them safely through that conflict. His great mission was to accomplish two things: first, to save his country from dismemberment and ruin; and, second, to free his country from the great crime of slavery. To do one or the other, or both, he must have the earnest sympathy and the powerful cooperation of his loyal fellow-countrymen.
Without this primary and essential condition to success his efforts must have been vain and utterly fruitless.[...] Viewed from the genuine abolition ground, Mr. Lincoln seemed tardy, cold, dull, and indifferent; but measuring him by the sentiment of his country, a sentiment he was bound as a statesman to consult, he was swift, zealous, radical, and determined.
Oration in Memory of Abraham Lincoln. Delivered at the Unveiling of The Freedmen’s Monument in Lincoln Park, Washington, D.C.
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Frederick Douglass (Oration In Memory of Abraham Lincoln)
“
I ask whether the mere eating of human flesh so very far exceeds in barbarity that custom which only a few years since was practised in enlightened England:—a convicted traitor, perhaps a man found guilty of honesty, patriotism, and suchlike heinous crimes, had his head lopped off with a huge axe, his bowels dragged out and thrown into a fire; while his body, carved into four quarters, was with his head exposed upon pikes, and permitted to rot and fester among the public haunts of men! The fiend-like skill we display in the invention of all manner of death-dealing engines, the vindictiveness with which we carry on our wars, and the misery and desolation that follow in their train, are enough of themselves to distinguish the white civilized man as the most ferocious animal on the face of the earth. His
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Herman Melville (Typee: A Peep at Polynesian Life)
“
As noted earlier, studies suggest that most Americans violate drug laws in their lifetime. Indeed, most of us break the law not once but repeatedly throughout our lives. Yet only some of us will be arrested, charged, convicted of a crime, branded a criminal or felon, and ushered into a permanent undercaste. Who becomes a social pariah and excommunicated from civil society and who trots off to college bears scant relationship to the morality of crimes committed. Who is more blameworthy: the young black kid who hustles on the street corner, selling weed to help his momma pay the rent? Or the college kid who deals drugs out of his dorm room so that he’ll have cash to finance his spring break? Who should we fear? The kid in the ’hood who joined a gang and now carries a gun for security, because his neighborhood is frightening and unsafe? Or the suburban high school student who has a drinking problem but keeps getting behind the wheel? Our racially biased system of mass incarceration exploits the fact that all people break the law and make mistakes at various points in their lives and with varying degrees of justification. Screwing up—failing to live by one’s highest ideals and values—is part of what makes us human.
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Michelle Alexander (The New Jim Crow: Mass Incarceration in the Age of Colorblindness)
“
[Davidson] Black procured cadavers for research, obtained from the Peking police department. These cadavers were mostly of people who had been executed for various crimes; the police regularly sent Black truckloads of the bodies of the executed convicts. Execution in China was by beheading, and thus the cadavers Black received lacked heads and had mutilated necks. After some time, he asked the police whether there was any possibility of getting better dead bodies for research - corpses that were intact. The next day, he received a shipment of convicts, all chained together, with a note from the police asking him to kill them in any way he chose.
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Amir D. Aczel (The Jesuit and the Skull: Teilhard de Chardin, Evolution, and the Search for Peking Man)
“
I have rules,” she said to him. He stilled his pen, raised expressionless eyes to her face, and waited. “When you bring me an old servant who’s come willingly where the king’s men have bidden him, a man who’s never been convicted, or even accused, of a crime,” Fire said, “I will not take his mind. I’ll sit before him and ask questions, and if my presence makes him more talkative, very well. But I will not compel him to say things he would otherwise not have said. Nor,” she added, voice rising, “will I take the mind of a person who’s been fed too little, or denied medicines, or beaten in your jails. I won’t manipulate a prisoner you’ve mistreated.” Garan sat back and crossed his arms. “That’s rich, isn’t it? Your own manipulation is mistreatment; you’ve said it yourself.” “Yes, but mine is meant to be for good reason. Yours is not.” “It’s not my mistreatment. I don’t give the orders down there, I’ve no idea what goes on.” “If you want me to question them, you’d best find out.” To Garan’s credit, the treatment of Dellian prisoners did change after that. One particularly laconic man, after a session in which Fire learned positively nothing, thanked her for it specifically. “Best dungeons I ever been in,” he said, chewing on a toothpick. “Wonderful,” Garan grumbled when he’d gone. “We’ll grow a reputation for our kindness to lawbreakers.
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Kristin Cashore (Fire (Graceling Realm, #2))
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He was in the hospital from the middle of Lent till after Easter. When he was better, he remembered the dreams he had had while he was feverish and delirious. He dreamt that the whole world was condemned to a terrible new strange plague that had come to Europe from the depths of Asia. All were to be destroyed except a very few chosen. Some new sorts of microbes were attacking the bodies of men, but these microbes were endowed with intelligence and will. Men attacked by them became at once mad and furious. But never had men considered themselves so intellectual and so completely in possession of the truth as these sufferers, never had they considered their decisions, their scientific conclusions, their moral convictions so infallible. Whole villages, whole towns and peoples went mad from the infection. All were excited and did not understand one another. Each thought that he alone had the truth and was wretched looking at the others, beat himself on the breast, wept, and wrung his hands. They did not know how to judge and could not agree what to consider evil and what good; they did not know whom to blame, whom to justify. Men killed each other in a sort of senseless spite. They gathered together in armies against one another, but even on the march the armies would begin attacking each other, the ranks would be broken and the soldiers would fall on each other, stabbing and cutting, biting and devouring each other. The alarm bell was ringing all day long in the towns; men rushed together, but why they were summoned and who was summoning them no one knew. The most ordinary trades were abandoned, because everyone proposed his own ideas, his own improvements, and they could not agree. The land too was abandoned. Men met in groups, agreed on something, swore to keep together, but at once began on something quite different from what they had proposed. They accused one another, fought and killed each other. There were conflagrations and famine. All men and all things were involved in destruction. The plague spread and moved further and further. Only a few men could be saved in the whole world. They were a pure chosen people, destined to found a new race and a new life, to renew and purify the earth, but no one had seen these men, no one had heard their words and their voices.
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Fyodor Dostoevsky (Crime and Punishment)
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I was almost a wife but lost the man. I was almost recognisable as a friend. And then I wasn't. The nights when I flicked off the bedside lamp and found myself in the heedless, lonely dark. The times I thought, with a horrified twist, that none of this was a gift. Suzanne got the redemption that followed a conviction ... I got the snuffed-out story of the bystander, a fugitive without a crime, half hoping and half terrified that no one was ever coming for me.
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Emma Cline (The Girls)
“
Corporations do not automatically obey laws. They weigh the size of the penalty relative to the gain from law breaking. In the age of oligarchy, laws are window dressing when penalties aren’t high enough and the people responsible for the lawbreaking are not held accountable. Unless the government prosecutes individuals or at least claws back their pay, the law is not of particular concern to the inhabitants of C-suites. Eleven years after Wall Street’s near meltdown, not a single major financial executive had been convicted or even indicted for crimes that wiped out the savings of countless Americans. Contrast this with a teenager who is imprisoned for years for selling an ounce of marijuana.
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Robert B. Reich (The System: Who Rigged It, How We Fix It)
“
Most incarcerated women—nearly two-thirds—are in prison for nonviolent, low-level drug crimes or property crimes. Drug laws in particular have had a huge impact on the number of women sent to prison. “Three strikes” laws have also played a considerable role. I started challenging conditions of confinement at Tutwiler in the mid-1980s as a young attorney with the Southern Prisoners Defense Committee. At the time, I was shocked to find women in prison for such minor offenses. One of the first incarcerated women I ever met was a young mother who was serving a long prison sentence for writing checks to buy her three young children Christmas gifts without sufficient funds in her account. Like a character in a Victor Hugo novel, she tearfully explained her heartbreaking tale to me. I couldn’t accept the truth of what she was saying until I checked her file and discovered that she had, in fact, been convicted and sentenced to over ten years in prison for writing five checks, including three to Toys “R” Us. None of the checks was for more than $150. She was not unique. Thousands of women have been sentenced to lengthy terms in prison for writing bad checks or for minor property crimes that trigger mandatory minimum sentences. The collateral consequences of incarcerating women are significant. Approximately 75 to 80 percent of incarcerated women are mothers with minor children. Nearly 65 percent had minor children living with them at the time of their arrest—children who have become more vulnerable and at-risk as a result of their mother’s incarceration and will remain so for the rest of their lives, even after their mothers come home. In 1996, Congress passed welfare reform legislation that gratuitously included a provision that authorized states to ban people with drug convictions from public benefits and welfare. The population most affected by this misguided law is formerly incarcerated women with children, most of whom were imprisoned for drug crimes. These women and their children can no longer live in public housing, receive food stamps, or access basic services. In the last twenty years, we’ve created a new class of “untouchables” in American society, made up of our most vulnerable mothers and their children.
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Bryan Stevenson (Just Mercy: A Story of Justice and Redemption)
“
The architecture of the Colisseum and other places of Roman entertainment are difficult to judge without recalling what purpose they served. It was here that gladiators fought to the death; that prisoners of war, convicts and Christians were devoured by as many as 5,000 wild beasts at a time; and that voctims were crucified or burned alive for the entertainment of Roman civilization. When the Romans screamed for ever more blood, artificial lakes were dug and naval battles of as many as 19,000 gladiators were staged until the water turned red with blood. The only emperors who did not throw Christians to the lions were the Christian emperors: They threw pagans to the lions with the same gusto and for the same crime-having a different religion.
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Petr Beckmann (A History of π)
“
Rape and sexual assault are unusual, if not quite unique, in that often, the only real evidence of a crime is the victim's testimony. Physical evidence might demonstrate that a sexual encounter took place between two people, but even cuts and bruises can't definitively prove lack of consent on one person's part. Especially if the accused is the alleged victim's friend, lover or spouse, or someone with whom they freely chose to leave a party. Ultimately, in the absence of photographic or video evidence, it comes down to one person's word against another's. The most obvious tragic result of this fact is that nearly half of rapes are never reported, fewer are prosecuted, and even fewer lead to a felony conviction. Victims wonder what the point of reporting uncorroborated sexual violence is, and they're not wrong.
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Kate Harding (Asking for It: The Alarming Rise of Rape Culture and What We Can Do about It)
“
I looked it up and sure enough, she was right. The Thirteenth Amendment to the Constitution says: Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Well, that explained a lot of things. That explained why jails and prisons all over the country are filled to the brim with Black and Third World people, why so many Black people can’t find a job on the streets and are forced to survive the best way they know how. Once you’re in prison, there are plenty of jobs, and, if you don’t want to work, they beat you up and throw you in the hole. If every state had to pay workers to do the jobs prisoners are forced to do, the salaries would amount to billions. License plates alone would amount to millions.
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Assata Shakur (Assata: An Autobiography)
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The witch-hunt narrative is a really popular story that goes like this: Lots of people were falsely convicted of child sexual abuse in the 1980s and early 1990s. And they were all victims of a witch-hunt. It just doesn’t happen to line up with the facts when you actually look at the cases themselves in detail. But it’s a really popular narrative — I think it’s absolutely fair to say that’s the conventional wisdom. It’s what most people now think is the uncontested truth, and those cases had no basis in fact. And what 15 years of painstaking trial court research (says) is that that’s not a very fair description of those cases, and in fact many of those cases had substantial evidence of abuse. The witch-hunt narrative is that these were all gross injustices to the defendant. In fact, what it looks like in retrospect is the injustices were much more often to children.
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Ross E. Cheit
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In 1996, Congress passed welfare reform legislation that gratuitously included a provision that authorized states to ban people with drug convictions from public benefits and welfare. The population most affected by this misguided law is formerly incarcerated women with children, most of whom were imprisoned for drug crimes. These women and their children can no longer live in public housing, receive food stamps, or access basic services. In the last twenty years, we’ve created a new class of “untouchables” in American society, made up of our most vulnerable mothers and their children.
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Bryan Stevenson (Just Mercy: A Story of Justice and Redemption)
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The 1994 Crime Bill, sponsored by Democratic senator Joe Biden, went even further, calling for more juveniles to be tried as adults, the building of more prisons, an end to the Pell Grants that had allowed inmates to earn college degrees while in prison, a “three strikes” provision mandating a life sentence upon conviction for a third federal crime, and a provision making gang membership a crime in and of itself. When Bill Clinton signed the measure into law, he ensured that the pattern of mass incarceration started by his predecessors would continue well past the end of his presidency.
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Marc Lamont Hill (Nobody: Casualties of America's War on the Vulnerable, from Ferguson to Flint and Beyond)
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The root destruction of religion in the country, which throughout the twenties and thirties was one of the most important goals of the GPU-NKVD, could be realized only by mass arrests of Orthodox believers. Monks and nuns, whose black habits had been a distinctive feature of Old Russian life, were intensively rounded up on every hand, placed under arrest, and sent into exile. They arrested and sentenced active laymen. The circles kept getting bigger, as they raked in ordinary believers as well, old people and particularly women, who were the most stubborn believers of all and who, for many long years to come, would be called 'nuns' in transit prisons and in camps.
True, they were supposedly being arrested and tried not for their actual faith but for openly declaring their convictions and for bringing up their children in the same spirit. As Tanya Khodkevich wrote:
You can pray freely
But just so God alone can hear.
(She received a ten-year sentence for these verses.) A person convinced that he possessed spiritual truth was required to conceal it from his own children! In the twenties the religious education of children was classified as a political crime under Article 58-10 of the Code--in other words, counterrevolutionary propaganda! True, one was permitted to renounce one's religion at one's trial: it didn't often happen but it nonetheless did happen that the father would renounce his religion and remain at home to raise the children while the mother went to the Solovetsky Islands. (Throughout all those years women manifested great firmness in their faith.) All persons convicted of religious activity received 'tenners,' the longest term then given.
(In those years, particularly in 1927, in purging the big cities for the pure society that was coming into being, they sent prostitutes to the Solovetsky Islands along with the 'nuns.' Those lovers of a sinful earthly life were given three-year sentences under a more lenient article of the Code. The conditions in prisoner transports, in transit prisons, and on the Solovetsky Islands were not of a sort to hinder them from plying their merry trade among the administrators and the convoy guards. And three years later they would return with laden suitcases to the places they had come from. Religious prisoners, however, were prohibited from ever returning to their children and their home areas.)
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Aleksandr Solzhenitsyn (The Gulag Archipelago)
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Secondly, these missionaries would gradually, and without creating suspicion or exciting alarm, introduce a rudimentary cleanliness among the nobility, and from them it would work down to the people, if the priests could be kept quiet. This would undermine the Church. I mean would be a step toward that. Next, education—next, freedom—and then she would begin to crumble. It being my conviction that any Established Church is an established crime, an established slave-pen, I had no scruples, but was willing to assail it in any way or with any weapon that promised to hurt it. Why, in my own former day—in remote centuries not yet stirring in the womb of time—there were old Englishmen who imagined that they had been born in a free country: a “free” country with the Corporation Act and the Test still in force in it—timbers propped against men’s liberties and dishonored consciences to shore up an Established Anachronism with.
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Mark Twain (A Connecticut Yankee in King Arthur's Court (Fully Illustrated))
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To be sure, following her arrest in 1975, she was unlikely to commit these kinds of crimes again. If the United States were a country that routinely forgave the trespasses of such people, there would be little remarkable about the mercy she received following her conviction. But the United States is not such a country; the prisons teem with convicts who were also led astray and who committed lesser crimes than Patricia. These unfortunate souls have no chance at even a single act of clemency, much less an unprecedented two. Rarely have the benefits of wealth, power, and renown been as clear as they were in the aftermath of Patricia’s conviction.
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Jeffrey Toobin (American Heiress: The Wild Saga of the Kidnapping, Crimes and Trial of Patty Hearst)
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The collateral consequences of incarcerating women are significant. Approximately 75 to 80 percent of incarcerated women are mothers with minor children. Nearly 65 percent had minor children living with them at the time of their arrest—children who have become more vulnerable and at-risk as a result of their mother’s incarceration and will remain so for the rest of their lives, even after their mothers come home. In 1996, Congress passed welfare reform legislation that gratuitously included a provision that authorized states to ban people with drug convictions from public benefits and welfare. The population most affected by this misguided law is formerly incarcerated women with children, most of whom were imprisoned for drug crimes. These women and their children can no longer live in public housing, receive food stamps, or access basic services. In the last twenty years, we’ve created a new class of “untouchables” in American society, made up of our most vulnerable mothers and their children.
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Bryan Stevenson (Just Mercy: A Story of Justice and Redemption)
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My heart has been broken a million times by the same hand, yet I would let it happen a million times again if it meant it was by you.
I was weaker than I thought / my heart sagging like the stems of uncut, unkempt flowers because of the sunlight you held in your faraway heart / Maybe you weren't mine to love / I think I'm falling
The wallpaper above her bed frame was glued in my brain the way it was glued against her walls / I got so close to running my fingers against it / I wish I felt the confidence to tell you the truth, as strongly as I felt stubborn to hide it
Do you hear that? That's my heart knocking against my chest at the sight of you / I've never heard anything more terrifying / how could you provide me air and suffocate me at the same time?
Blue hydrangeas, pink tulips, red bleeding hearts / it's all you ever loved, but never yourself / I never understood why anyone spoke poorly of the color brown, it was a dream on you
And that kiss... I think about it all the time / was it wrong of me to think of you when you were never mine? / I feel lucky to have had you, but dismayed to know what life is like without you
Don't worry if the flowers pass, I'll be right there to plant you more / and when the soil grows old, I'll comfort it in the chaos of the storm
Am I a ghost in your story? / because you look at me with conviction when I don't even know the crime I committed
Burden me with your secrets / so I can carry the weight you're so fearful of letting go
To be close to you was to be haunted by what I couldn't have and to be reminded of how much I truly wanted you / and I'd be lying if I said I never thought about where my hands would take me across your body
Midnights and daydreaming hours of retracing steps to how we possibly got here / how did I ever let time pass this long without seeing you? / my heart was so full of our memories that painted my body like a scrapbook
I tried to stop loving you, but along the way, you found your way into the sound of my laugh, the style of my writing, and the threads of my clothes / I would've gone down on my knees just to hear you say yes
Neck stiff, legs weak, eyes set on what we could've looked like if you hadn't left / 'moving on' was a broken record that I never had the strength to lift the needle off of / If hearts were meant to love then why did mine feel so empty? / and suddenly, I fell
Glances, gazes, eyes following places they shouldn't have seen / intimacy was to be seen by you; free falling was to be touched by you / there was no such thing as a crowded room where you stood
She lives in between the pinks and yellows of the world / where a beautiful color is unknown to others / and when she speaks, I become a bee enthralled in a field of daisies
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Liana Cincotti (Picking Daisies on Sundays (Picking Daisies on Sundays, #1))
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[Religious belief] is a totalitarian belief. It is the wish to be a slave. It is the desire that there be an unalterable, unchallengeable, tyrannical authority who can convict you of thought crime while you are asleep, who can subject you - who must, indeed, subject you - to total surveillance around the clock every waking and sleeping minute of your life - I say, of your life - before you're born and, even worse and where the real fun begins, after you're dead. A celestial North Korea. Who wants this to be true? Who but a slave desires such a ghastly fate? I've been to North Korea. It has a dead man as its president, Kim Jong-Il is only head of the party and head of the army. He's not head of the state. That office belongs to his deceased father, Kim Il-Sung. It's a necrocracy, a thanatocracy. It's one short of a trinity I might add. The son is the reincarnation of the father. It is the most revolting and utter and absolute and heartless tyranny the human species has ever evolved. But at least you can fucking die and leave North Korea!
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Christopher Hitchens
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But I have a flash of Good News from the Police Atrocity front, which is heating up in Denver.… Stand back! Good News is rare in the Criminal Justice System, but every once in a while you find it, and this is one of those times. To wit: the National Association of Criminal Defense Lawyers has formally entered the Appeals trial of young Lisl Auman—the girl who remains locked up in a cell at the Colorado State Prison for the Rest of Her Life with No Possibility of Parole for a bogus crime she was never even Accused of committing. She is a living victim of a cold-blooded political trial that will cast a long shadow on Denver for many years to come. Lisl is the only person ever convicted in the United States for Felony Murder who was in police custody when the crime happened.
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Hunter S. Thompson (Hey Rube: Blood Sport, the Bush Doctrine & the Downward Spiral of Dumbness: Modern History from the Sports Desk)
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The Legend of Robert Halsey
This article examines the criminal conviction of Robert Halsey for sexually abusing two young boys on his school-van route near Pittsfield, Massachusetts. Mr. Halsey's name has been invoked by academics, journalists, and activists as the victim of the “witch hunt” in this country over child sexual abuse. Based on a comprehensive examination of the trial transcript, this article details the overwhelming evidence of guilt against Mr. Halsey. The credulous acceptance of the “false conviction” legend about Robert Halsey provides a case study in the techniques and tactics used to minimize and deny sexual abuse, while promoting a narrative about “ritual abuse” and “witch hunts” that apparently requires little or no factual basis. The second part of this article analyzes how the erroneous “false conviction” narrative about Robert Halsey was constructed and how it gained widespread acceptance. The Legend of Robert Halsey provides a cautionary tale about how easy it is to wrap even the guiltiest person in a cloak of righteous “witch hunt” claims. Cases identified as “false convictions” by defense lawyers and political activists deserve far greater scrutiny from the media and the public.
journal: Cheit, Ross E. "The Legend of Robert Halsey." Journal of child sexual abuse 9.3-4 (2002): 37-52.
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Ross E. Cheit
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interview from Ross E. Cheit about The Witch-Hunt Narrative: Politics, Psychology, and the Sexual Abuse of Children (Oxford University Press, February 2014).
In the foreword to your book you mention a book titled Satan’s Silence was the catalyst for your research. Tell us about that.
Cheit: Debbie Nathan and Michael Snedeker solidified the witch-hunt narrative in their 1995 book, Satan’s Silence: Ritual Abuse and the Making of a Modern American Witch Hunt, which included some of these cases. I was initially skeptical of the book’s argument for personal reasons. It seemed implausible to me that we had overreacted to child abuse because everything in my own personal history said we hadn’t. When I read the book closely, my skepticism increased. Satan’s Silence has been widely reviewed as meticulously researched. As someone with legal training, I looked for how many citations referred to the trial transcripts. The answer was almost none. Readers were also persuaded by long list of [presumably innocent] convicted sex offenders to whom they dedicated the book. If I’m dedicating a book to fifty-four people, all of whom I think have been falsely convicted, I’m going to mention every one of these cases somewhere in the book. Most weren’t mentioned at all beyond that dedication. The witch-hunt narrative is so sparsely documented that it’s shocking.
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Ross E. Cheit
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Certainty is an unrealistic and unattainable ideal.
We need to have pastors who are schooled in apologetics and engaged intellectually with our culture so as to shepherd their flock amidst the wolves.
People who simply ride the roller coaster of emotional experience are cheating themselves out of a deeper and richer Christian faith by neglecting the intellectual side of that faith. They know little of the riches of deep understanding of Christian truth, of the confidence inspired by the discovery that one’s faith is logical and fits the facts of experience, and of the stability brought to one’s life by the conviction that one’s faith is objectively true.
God could not possibly have intended that reason should be the faculty to lead us to faith, for faith cannot hang indefinitely in suspense while reason cautiously weighs and reweighs arguments. The Scriptures teach, on the contrary, that the way to God is by means of the heart, not by means of the intellect.
When a person refuses to come to Christ, it is never just because of lack of evidence or because of intellectual difficulties: at root, he refuses to come because he willingly ignores and rejects the drawing of God’s Spirit on his heart. unbelief is at root a spiritual, not an intellectual, problem. Sometimes an unbeliever will throw up an intellectual smoke screen so that he can avoid personal, existential involvement with the gospel. In such a case, further argumentation may be futile and counterproductive, and we need to be sensitive to moments when apologetics is and is not appropriate.
A person who knows that Christianity is true on the basis of the witness of the Spirit may also have a sound apologetic which reinforces or confirms for him the Spirit’s witness, but it does not serve as the basis of his belief.
As long as reason is a minister of the Christian faith, Christians should employ it.
It should not surprise us if most people find our apologetic unconvincing. But that does not mean that our apologetic is ineffective; it may only mean that many people are closed-minded.
Without a divine lawgiver, there can be no objective right and wrong, only our culturally and personally relative, subjective judgments. This means that it is impossible to condemn war, oppression, or crime as evil. Nor can one praise brotherhood, equality, and love as good. For in a universe without God, good and evil do not exist—there is only the bare valueless fact of existence, and there is no one to say that you are right and I am wrong.
No atheist or agnostic really lives consistently with his worldview. In some way he affirms meaning, value, or purpose without an adequate basis. It is our job to discover those areas and lovingly show him where those beliefs are groundless.
We are witnesses to a mighty struggle for the mind and soul of America in our day, and Christians cannot be indifferent to it.
If moral values are gradually discovered, not invented, then our gradual and fallible apprehension of the moral realm no more undermines the objective reality of that realm than our gradual, fallible apprehension of the physical world undermines the objectivity of that realm.
God has given evidence sufficiently clear for those with an open heart, but sufficiently vague so as not to compel those whose hearts are closed.
Because of the need for instruction and personal devotion, these writings must have been copied many times, which increases the chances of preserving the original text. In fact, no other ancient work is available in so many copies and languages, and yet all these various versions agree in content. The text has also remained unmarred by heretical additions. The abundance of manuscripts over a wide geographical distribution demonstrates that the text has been transmitted with only trifling discrepancies.
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William Lane Craig (Reasonable Faith: Christian Truth and Apologetics)
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A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.
In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals’ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to ‘reform’ the offender much less to ensure that he or she has ‘learned a lesson’; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence.
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Daniel Waterman (Entheogens, Society and Law: The Politics of Consciousness, Autonomy and Responsibility)
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My point is that bias is not advertised by a glowing sign worn around jurors’ necks; we are all guilty of it, because the brain is wired for us to see what we believe, and it usually happens outside of everyone’s awareness. Affective realism decimates the ideal of the impartial juror. Want to increase the likelihood of a conviction in a murder trial? Show the jury some gruesome photographic evidence. Tip their body budgets out of balance and chances are they’ll attribute their unpleasant affect to the defendant: “I feel bad, therefore you must have done something bad. You are a bad person.” Or permit family members of the deceased to describe how the crime has hurt them, a practice known as a victim impact statement, and the jury will tend to recommend more severe punishments. Crank up the emotional impact of a victim impact statement by recording it professionally on video and adding music and narration like a dramatic film, and you’ve got the makings of a jury-swaying masterpiece.45 Affective realism intertwines with the law outside the courtroom as well. Imagine that you are enjoying a quiet evening at home when suddenly you hear loud banging outside. You look out the window and see an African American man attempting to force open the door of a nearby house. Being a dutiful citizen, you call 911, and the police arrive and arrest the perpetrator. Congratulations, you have just brought about the arrest of Harvard professor Henry Louis Gates, Jr., as it happened on July 16, 2009. Gates was trying to force open the front door of his own home, which had become stuck while he was traveling. Affective realism strikes again. The real-life eyewitness in this incident had an affective feeling, presumably based on her concepts about crime and skin color, and made a mental inference that the man outside the window had intent to commit a crime.
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Lisa Feldman Barrett (How Emotions Are Made: The Secret Life of the Brain)
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There was a shamefulness about the experience of Herbert's execution I couldn't shake. Everyone I saw at the prison seemed surrounded by a cloud of regret and remorse. The prison officials had pumped themselves up to carry out the execution with determination and resolve, but even they revealed extreme discomfort and some measure of shame. Maybe I was imagining it but it seemed that everyone recognized what was taking place was wrong. Abstractions about capital punishment were one thing, but the details of systematically killing someone who is not a threat are completely different.
I couldn't stop thinking about it on the trip home. I thought about Herbert, about how desperately he wanted the American flag he earned through his military service in Vietnam. I thought about his family and about the victim's family and the tragedy the crime created for them. I thought about the visitation officer, the Department of Corrections officials, the men who were paid to shave Herbert's body so that he could be killed more efficiently. I thought about the officers who had strapped him into the chair. I kept thinking that no one could actually believe this was a good thing to do or even a necessary thing to do.
The next day there were articles in the press about the execution. Some state officials expressed happiness and excitement that an execution had taken place, but I knew that none of them had actually dealt with the details of killing Herbert. In debates about the death penalty, I had started arguing that we would never think it was humane to pay someone to rape people convicted of rape or assault and abuse someone guilty of assault or abuse. Yet we were comfortable killing people who kill, in part because we think we can do it in a matter that doesn't implicate our own humanity, the way that raping or abusing someone would. I couldn't stop thinking that we don't spend much time contemplating the details of what killing someone actually involves.
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Bryan Stevenson (Just Mercy)
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Treason the only crime defined in the Constitution. Tyranny as under the Stuart and Tudor kings characterized by the elimination of political dissent under the laws of treason. Treason statutes which were many and unending, the instrument by which the monarch eliminated his opposition and also added to his wealth. The property of the executed traitor forfeited by his heirs because of the loathsomeness of his crime. The prosecution of treason, like witchcraft, an industry. Founding Fathers extremely sensitive to the establishment of a tyranny in this country by means of ambiguous treason law. Themselves traitors under British law. Under their formulation it became possible to be guilty of treason only against the nation, not the individual ruler or party. Treason was defined as an action rather than thought or speech. "Treason against the US shall consist only in levying war against them, or in adhering to their Enemies, giving them Aid & Comfort...No person shall be convicted of treason unless on the testimony of two witnesses to the same Overt act, or on Confession in Open Court." This definition, by members of the constitutional convention, intended that T could not be otherwise defined short of constitutional amendment. "The decision to impose constitutional safeguards on treason prosecutions formed part of a broad emerging American tradition of liberalism...No American has ever been executed for treason against his country," says Nathaniel Weyl, Treason the story of disloyalty and betrayal in American history, published in the year 1950. I say if this be treason make the most of it.
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E.L. Doctorow (The Book of Daniel)
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True law necessarily is rooted in ethical assumptions or norms; and those ethical principles are derived, in the beginning at least, from religious convictions. When the religious understanding, from which a concept of law arose in a culture, has been discarded or denied, the laws may endure for some time, through what sociologists call "cultural lag"; but in the long run, the laws also will be discarded or denied.
With this hard truth in mind, I venture to suggest that the corpus of English and American laws--for the two arise for the most part from a common root of belief and experience--cannot endure forever unless it is animated by the spirit that moved it in the beginning: that is, by religion, and specifically by the Christian people. Certain moral postulates of Christian teaching have been taken for granted, in the past, as the ground of justice. When courts of law ignore those postulates, we grope in judicial darkness. . . .
We suffer from a strong movement to exclude such religious beliefs from the operation of courts of law, and to discriminate against those unenlightened who cling fondly to the superstitions of the childhood of the race.
Many moral beliefs, however, though sustained by religious convictions, may not be readily susceptible of "scientific" demonstration. After all, our abhorrence of murder, rape, and other crimes may be traced back to the Decalogue and other religious injunctions. If it can be shown that our opposition to such offenses is rooted in religion, then are restraints upon murder and rape unconstitutional?
We arrive at such absurdities if we attempt to erect a wall of separation between the operation of the laws and those Christian moral convictions that move most Americans. If we are to try to sustain some connection between Christian teaching and the laws of this land of ours, we must understand the character of that link. We must claim neither too much nor too little for the influence of Christian belief upon our structure of law. . . .
I am suggesting that Christian faith and reason have been underestimated in an age bestridden, successively, by the vulgarized notions of the rationalists, the Darwinians, and the Freudians. Yet I am not contending that the laws ever have been the Christian word made flesh nor that they can ever be. . . .
What Christianity (or any other religion) confers is not a code of positive laws, but instead some general understanding of justice, the human condition being what it is. . . .
In short, judges cannot well be metaphysicians--not in the execution of their duties upon the bench, at any rate, even though the majority upon the Supreme Court of this land, and judges in inferior courts, seem often to have mistaken themselves for original moral philosophers during the past quarter century. The law that judges mete out is the product of statute, convention, and precedent. Yet behind statute, convention, and precedent may be discerned, if mistily, the forms of Christian doctrines, by which statute and convention and precedent are much influenced--or once were so influenced. And the more judges ignore Christian assumptions about human nature and justice, the more they are thrown back upon their private resources as abstract metaphysicians--and the more the laws of the land fall into confusion and inconsistency.
Prophets and theologians and ministers and priests are not legislators, ordinarily; yet their pronouncements may be incorporated, if sometimes almost unrecognizably, in statute and convention and precedent. The Christian doctrine of natural law cannot be made to do duty for "the law of the land"; were this tried, positive justice would be delayed to the end of time. Nevertheless, if the Christian doctrine of natural law is cast aside utterly by magistrates, flouted and mocked, then positive law becomes patternless and arbitrary.
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Russell Kirk (Rights and Duties: Reflections on Our Conservative Constitution)