Aftermath Of Two More Shootings

In my last post I mentioned the July 27 mass shooting in an Aurora, CO movie theater as the latest example of the toll taken by lax US gun laws.  Since then there have been two more shootings that grabbed headlines with thankfully decreasing number of casualties.  Amidst these tragedies I'll talk for a change about some positive aspects, including those that touched us personally.

The Aug. 5 shooting by a white supremacist that claimed 6 Sikh lives in their Milwaukee temple also brought out the good and noble aspects of life and social values in America.  Over 40 people are murdered on average in the US every day, yet the media gave this wide, sympathetic and extended coverage because the crime targeted a specific minority community.   Politicians and leaders of all stripes including Republican VP candidate Paul Ryan and First Lady Michele Obama made it a point to personally visit and console the afflicted community.  President Obama even ordered flags to be flown at half mast to mourn the victims.

Despite some obvious and recurrent cracks in ethnic and religious harmony in India I've been proud of the general secular traditions and systems in the country of my birth.  After coming to the US I've seen that the overall acceptance, tolerance and politeness towards minorities here is of an even higher order.  Some of my Indian friends and relatives perceive racism and profiling that I mentioned on Aug. 10, 2009, a little of which is inevitable since everyone can't be perfect.  Still, it's probably less in the US than anywhere else in the world, and largely offset by sustained outreach to minorities.

After the Sikh temple shootings I got emails of concern and support from half a dozen friends in the US and Canada who know I'm from this community though my wife is Hindu.  While all these friends happened to be Asian (a Chinese and the rest Hindus, one of whom is married to a remarkable Muslim woman) I believe their decades of living here have infused them with additional sensitivity.  Most asked if our family was okay and hoped that we hadn't lost anyone close to us.  Logically speaking they shouldn't have worried.  I know about a couple of hundred Sikhs in the US among the estimated 200,000 to 500,000 living here so the chance of my knowing any of the victims is 1 in 200.  Still, it's their thoughts and sentiments that count.

The other and latest shooting on Aug. 24 outside the Empire State Building involved a single murder followed by police firing in which the gunman was killed and nine bystanders injured.  It was big news mainly because it took place near a national landmark in broad daylight in Manhattan. 

Our daughter Rubina works about a mile away at the Wall Street Journal and has recently taken up a new assignment dealing with social media.  Last Friday she too was sucked into the rapid fact gathering and dissemination as the news broke.  She was also interviewed on camera for the first time to give an insider's perspective of how information is gathered, verified and shared using the new tools of social media.  In a fast paced day she had an hour to prepare before her debut appearance.  She can be seen in this 5 minute clip, and did a good job. 
 

Arming And Coddling Our Criminals

Democrats and Republicans both provide comfort and help to our violent offenders. 

The Democrats (actually the Liberals who closely identify with them) have made jail terms shorter and more pleasant for felons.  They've had the death penalty abolished in 17 states and Washington, D.C., and cheered its erosion in the remaining 33.  The 12 killed and 58 injured by James Holmes in a Colorado movie theater have created headlines and the guilt or deliberate intent of the shooter is never in doubt.  Yet an insanity defense is almost certain and it will be many years if ever before this guy gets the ultimate punishment.  Something he would have dodged with certainty if he had chosen the "right" state - one of those 17 merciful ones - to stage his crimes.

Still, violent criminals everywhere should be heartened by the overall statistics.  There are about 14,000 murders committed in the US every year, and only about 43 of the guilty are eventually executed.  So the odds are very good that killers even if they're caught will spend their lives in prisons with decent food, stay, entertainment and health benefits, thanks to liberals' efforts and court directives by progressive judges.  Not to mention the opportunity to bask in media publicity and star in shows like "Lockup Raw."

About two thirds of our murders are committed with use of firearms.  And this is where the NRA backed Republicans are key to ensuring that our criminals are well supplied.  Some precautions like background checks are rendered meaningless when you can avoid them in gun shows.  But as remarkable is letting assault weapons like AK 47s or hand guns with high round magazines be owned for self-protection under the 2nd Amendment.  There have been ample studies like this one of Feb. 2010 in News Medical about how guns in homes do far more harm than good to the owners themselves, leave alone other victims.  Mere facts can't compete of course with the NRA's "Founding Fathers" rhetoric. If it was valid 200 years ago (when slavery and subservience of women was also the norm) many Americans think that alone is a good enough reason to continue such practices. 

There were several media laments about how Obama uttered platitudes but did nothing substantial after the Colorado massacre to force gun control.  But this close to elections I don't blame him.  A large chunk of independents or undecideds can be turned off by such a measure, and those who favor it may be upset, but they'll never switch to Romney.  And conversely, the same may hold though to a much smaller extent for Romney to stick to the NRA playbook. 

After the elections there should be a serious overhaul.  In September 2009 I suggested key changes to our criminal justice system, though these may shock Liberals as well as those on the hard right.  An articulate and astute President supported by some key Congressional leaders with similar qualities from both parties could make this happen.  They can win broad acceptance and acclaim from the "non-fringe" populace, and find alternative sources of campaign funding and support to replace some they'll lose from their extreme base.  See how many of these proposed changes you agree with.

Changing Our Criminal Justice System

I am unhappy with several aspects of our US criminal justice. But I'm on the left or the right depending on the practice in question. Broadly speaking, I'm with the left when it comes to presumption of innocence and treating those not yet convicted of crimes with dignity. And I'm with the right for more powers for investigating crimes, treatment of convicted offenders and lowering the taxpayer tab on prison inmates.

This is where I'd want a more liberal shift:

• Avoid handcuffing non-violent suspects before they obtain bail. Why did Martha Stewart, Michael Jackson, or the two Bear Stearns fund managers have to be handcuffed and confined before appearing in court when (a) they seem highly unlikely to pose physical danger to the arresting officers, and (b) had ample advance notice of impending charges, so they could be allowed to do something about it? Being handcuffed would be very humiliating and an affront to our dignity for most of us - something that can't be undone even if we're subsequently cleared. Since 1980 the Indian Supreme Court has barred handcuffing of suspects who are not likely to be violent or dangerous. There is also a clear provision for anyone to approach the court and seek anticipatory bail to avoid needless humiliation and inconvenience. If a developing country like India can have these safeguards, why not the US?
• Have much stricter gun control. What age are we living in? The 2nd Amendment giving the right to bear arms is an anachronism, though this will be hard to repeal because of entrenched beliefs. It's almost inconceivable for someone coming from India (and I'm sure most developed countries) to see how easily any punk in the US can acquire a firearm. Even assault weapons can be bought, with the NRA and the loony gun-toting fringe vigorously defending this right in the name of self-protection. And there should be strict background checks and stringent penalties for disqualified applicants possessing illegal firearms. Thanks to guns the US has a much higher homicide rate than other first world countries. With shootings at Columbine, Virginia Tech, Washington Beltway sniping, "going postal" and other workplace violence, perhaps the average American is now ready for more Europe style arms restrictions.
• Freely let DNA evidence and new techniques be used to revisit old cases of conviction to reassess guilt. Some of these convictions have been successfully challenged, DNA tests allowed and convictions reversed. But we know how jury verdicts can be so flawed and arbitrary - why assign a false sanctity to such verdicts and not allow DNA tests in all such cases?
• Decriminalize victimless crimes like acts between consenting adults, or using (as opposed to dealing with) drugs. What former NY Gov. Elliott Spitzer did in hiring a call girl may be bad for his family life, but shouldn't have been a crime.

Here's where I favor a marked shift to the right:

• Much stiffer penalties for criminals. True to our sense of fair play, justice should be retributive, not just reformative or a deterrent as liberals maintain. There's no reason to take capital punishment off the table for egregious murders so long as guilt is established beyond all lingering doubt (say with 99.99% certainty), not just reasonable doubt. There also shouldn't be a blanket minimum age or intelligence threshold for capital punishment. After all, a juvenile showing extreme cruelty or sadism while knowingly committing crimes is more, not less, likely to become an even bigger monster as he grows older.
• A tougher and lower cost jail environment. There's something wrong about criminals (especially hardened ones) sentenced to punishment spending their time watching TV, pumping iron, eating well and enjoying better medical care than many people outside the prison. Criminals should repay their debt to society through work and depending on the gravity of their offenses (think Dahmer, Bundy, the Beltway snipers, or the killers of my childhood friend Aasha) as a resource for medical testing and organ donation against payment to the state. These measures will at least lower the taxpayer burden, and if they act as some kind of a deterrent against crime, that's a bonus. (The Chinese till recently were harvesting and selling organs of executed prisoners. That disturbed many of us because we weren't sure if (a) those people had actually committed crimes deserving of the death penalty, and (b) if the profit from organ sales was itself an incentive for executing prisoners.)
• Close monitoring of inmates and strict punishments for offenses committed in jails. I've don't understand how prison rapes and inmate on inmate violence can still go undetected given our advances in technology. We can cheaply video monitor (and record) every cell, every square foot of prison space, and every movement by every inmate. Any offenses can be easily proved by playing back the recordings and inmates severely punished, preferably in a revenue positive fashion (see point above.) Guards who fail to act can also be identified and disciplined. This will also crimp in-prison gang activity and prevent the worst and most dangerous inmates from victimizing weaker ones.
• Further limiting or completely eliminating trials by jury. The US is one of the few countries where jury trials, which are highly wasteful with often arbitrary verdicts, are still widely prevalent. Other countries use just judges, whose verdicts can be appealed to superior judges and panels of judges. Given our multicultural society with ethnic divides and loyalties, jury trials are even more vulnerable to unfair outcomes, especially when the alleged crimes cross racial boundaries. Remember how O.J. Simpson was let off for double murder by a mostly black jury in 1994, and lost in the subsequent civil case decided by a mainly white jury (though this case admittedly required a lower burden of proof.)
• Requiring every US resident to submit a DNA sample and to carry a national ID card. Objections by the ACLU to maintain privacy have little merit, since safeguards can be imposed to ensure the information is used only to detect or prevent major crimes. Besides, consider the huge upside of such measures. Any DNA on a crime scene can be matched against a national database of the entire populace to solve crimes. Terrorism can be severely limited with a national ID, possibly combined with biometrics. The system can be carefully designed of course to protect most privacy, but this exercise to guard against "Big Brother" excesses should be very feasible.

There may be nuances, but a majority of Americans likely agree with my thinking. 

NRA: Give benefit of doubt - and guns - to terror suspects

This news item about NRA opposing a proposed ban on sale of guns to terror suspects initially surprised me:

http://www.msnbc.msn.com/id/18494626/

But then I began to understand their logic. Simply because someone is a suspected or would-be terrorist is no reason to deny him something as essential as an assault weapon or hand gun. One should be considered innocent till proven guilty, say, by actually committing a rampage a la Cho Seung or offering other compelling evidence.

Simply appealing a refusal and clearing one's name before a terror suspect is allowed to buys firearm would cause so much hardship. Imagine living for some time without having a firearm for target practice or shooting deer, rabbits, or pesky anti-terrorism agents who come snooping around to investigate your involvement in terror activities. A day without guns is one day too many, as compared to lives lost to protect the second amendment.

NRA urges you not to overreact to the VA Tech or other campus shootings. Or to the study (http://www.athealth.com/Consumer/issues/gunviolencestats.html) that found that guns kept in the home for self-protection are 43 times more likely to kill a family member or friend than to kill in self-defense. I don't know what the NRA stand would be on the authorities being alerted the moment a terrorism suspect buys or tries to buy a firearm. I won't be surprised if they cite the gunowner's right to privacy to oppose such notifications.