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The origin of the law of torture: A cautionary tale

daviddfriedman.substack.com

71–80 of 160 posts

Re: The origin of the law of torture: A cautionary tale

#71

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I like and appreciate your viewpoint. I push back on your stance on gun ownership. How does your view change when governments control weapons as powerful as nuclear weapons? How does this tilt the balance of power when ordinary citizens only have guns? Does this require a rethink?

Re: The origin of the law of torture: A cautionary tale

#72
post #39
post #14

Earlier quoted context omitted.

The default sentence depends on the charges, charges depend on the persecutor, which are motivated to increase those to get the easier deal of a plea bargain, so it is exactly the much higher cost of a trial and a higher risk of a more severe sentence that is the selling point for the accused if you don't look at it backwards

But the prosecutor doesn't decide the sentence . The judge or jury do. And prosecutors need to be careful. If they go for a more serious charge, but can't prove it, the defendant may be found not guilty when they would have been found guilty of a lesser charge (this happened to me on a jury - we found them not guilty of 1st degree murder, but likely would have found them guilty of manslaughter, but that wasn't an opt…

Not really, there are mandatory minimums and various sentencing guidelines, so the judge is not doing completely random stuff independent of the charges the prosecutor brings.

And you example is a bit backwards: the trial happened after the plea bargain failed, so this has little effect on the threat to bring more (or more serious) charges, but even if it does: the "careful" sub-range is still measured in multiples/years, so a huge risk

Re: The origin of the law of torture: A cautionary tale

#73

Earlier quoted context omitted.

> What about gun ownership (oh thats the nerve), its easy to assume things will be better when guns are banned, but what is the actual game theory in the balance of power between a people and their government when the people are stripped of their ability to defend themselves from an oppressive government? While this has surface appeal, this theory of "gun ownership as bulwark against oppression" falls apart when you…

>> the US still manages to exert power over its populace Self-oppression. For all the fearmongering, the US population is clearly able to install random people into high office and rewrite the rules as they see fit. Both Obama and Trump are clear evidence that you don't need to be from established political families to gain power. Literally any idiot can be elected should the people want them. Many are.

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Re: The origin of the law of torture: A cautionary tale

#74

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Also, what is the game theory when an armed faction of the people gain the ability to overthrow a democracy and install a king, or at least, can credibly threaten to do so?

Or how about overthrow a King and install a democracy?

The game theory is that it is likely that most of the time successful Revolutions are backed by powerful opposing States or quasi-States. Any others get squashed, but likely most often don't get off of the ground to begin with.

Re: The origin of the law of torture: A cautionary tale

#75
>> That raises an obvious question: If they saw the problem with torture, why did they continue to employ it?

I was part of a lecture covering a case where US police had tortured out a false confession. The prof asked a Canadian student if such a thing would happen in Canada. "No. The RCMP wouldn't bother. If they need a confession they would just forge one. Forgery is much easier than torturing someone."

Re: The origin of the law of torture: A cautionary tale

#76
post #58

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At this point, I think it has less to do with a belief in a complete gun ban, which seems an absurd thing to even contemplate. It's more that absolutely nothing is done at all. Not even Sandy Hook produced any change whatsoever. A prominent argument was that the entire thing was a fake for the purpose of banning guns, tacitly admitting that reality did merit some kind of change. So at this point it's more of an indic…

The supreme court, stacked or not, has no bearing over gun ownership, nor does congress. "Congress shall make no law […] the right to bear arms shall not be infringed." supercedes both of them.

Re: The origin of the law of torture: A cautionary tale

#77
post #73

Earlier quoted context omitted.

>> the US still manages to exert power over its populace Self-oppression. For all the fearmongering, the US population is clearly able to install random people into high office and rewrite the rules as they see fit. Both Obama and Trump are clear evidence that you don't need to be from established political families to gain power. Literally any idiot can be elected should the people want them. Many are.

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Obama's father was Kenyan, his mother from Hawaii, his maternal grandfather a US army Sergeant. That's about as far away from American political power as one can get and still be qualified to run for office. It's proof that any plebian from the peripheries of America can rise to be president. Conversely, Trump stands for the fact that anyone with the right combination of anger and money can usurp and then bend the political system to their will. There are many doors to power in the US, which is the whole point. Oppressive countries are not organized that way.

Re: The origin of the law of torture: A cautionary tale

#78
post #71

[flagged]

I like and appreciate your viewpoint. I push back on your stance on gun ownership. How does your view change when governments control weapons as powerful as nuclear weapons? How does this tilt the balance of power when ordinary citizens only have guns? Does this require a rethink?

As if governments want to bomb the source of their power: taxpayers, and their seizeable assets.

They will do so in war as denying it to their enemy, but not with M.A.D. So ordinary people having guns has nothing to do with war, except as a deterrent.

Re: The origin of the law of torture: A cautionary tale

#79
post #71

[flagged]

I like and appreciate your viewpoint. I push back on your stance on gun ownership. How does your view change when governments control weapons as powerful as nuclear weapons? How does this tilt the balance of power when ordinary citizens only have guns? Does this require a rethink?

Guns are not an assurance that you can kill more people than someone with bombs to win a slice of land, conceptually. Any number groups have an interest in a stable economy and a cooperating population. Bombs dont build or maintain infrastructure (eg farming). Guns ensure a population can manage to disrupt individual police actions. This modern guerilla gunplay has never had to become more sophisticated because of the efficacy in resisting day to day oppression (depending on your definition). The US in Vietnam, everyone in Afghanistan, Israel with Palestine. Bullets are dangerous enough to influence history, as with nuclear weapons. Same but different.

Re: The origin of the law of torture: A cautionary tale

#80
post #71

[flagged]

I like and appreciate your viewpoint. I push back on your stance on gun ownership. How does your view change when governments control weapons as powerful as nuclear weapons? How does this tilt the balance of power when ordinary citizens only have guns? Does this require a rethink?

I consider “but ordinance” a red herring. One need only observe the recent history of US military adventurism to show that a sufficiently determined insurgency with light arms and minimal training can take literally decades to surpress even with probably numerical superiority.

The US government is unlikely to carpet bomb its own territory even after hypothetically sliding into tyranny because it would presumably want territory to rule afterwards. What is left is intense urban fighting which we’ve seen in Iraq or wilderness fighting in poor terrain like Afghanistan. It doesn’t end quickly so the cost is a deterrent.

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