bureaucracybusters

POLYGRAPH BY COPIER

In Bureaucracy, History, Law, Law Enforcement, Social commentary on October 22, 2014 at 12:01 am

Ever heard of “polygraph by copier”?

If you haven’t, here’s how it works:

A detective loads three sheets of paper into a Xerox machine.

“Truth” has been typed onto the first sheet.

“Truth” has been typed onto the seond sheet.

“Lie” has been typed onto the third sheet.

Then a criminal suspect is led into the room and told to put his hand against the side of the machine.

“What is your name?” asks the detective.

The suspect gives it.

The detective hits the copy button, and a page comes out: “Truth.”

“Where do you live?” asks the detective.

The suspect gives an address, the detective again hits the copy button, and a second page appears: “Truth.”

Then comes the bonus question: “Did you or did you not kill Big Jim Tate on the evening of….?”

The suspect answers.  The detective presses the copy button one last time, and the sheet appears: “Lie.”

“Well, well, well, you lying little bastard,” says the detective.

Convinced that the police have found some mysterious way to peer into the darkest recesses of his criminality, the suspect “gives it up” and makes a full confession.

Yes, contrary to what many believe, police can legally use deceit to obtain a confession.

In 1973, the Supreme Court ruled, in United States v. Russell: “Nor will the mere fact of deceit defeat a prosecution, for there are circumstances when the use of deceit is the only practicable law enforcement technique available.”

In that case, the Court narrowly upheld a conviction for methamphetamine production even though the defendant had argued entrapment.

So what types of interrogative deceit might a police officer use to develop admissible evidence of a suspect’s guilt?

The general rule is that deception can be used so long as it’s not likely to cause an innocent person to commit a crime or confess to a crime that s/he didn’t commit.

Click here: The Lawful Use of Deception – Article – POLICE Magazine

Consider the following examples:

  • A detective is interviewing a suspect in a rape case.  “Oh, that girl,” he says, thus implying that the victim was a slut and had it coming.  The suspect, thinking he’s dealing with a sympathetic listener, starts bragging about his latest conquest–only to learn, too late, that his listener isn’t so simpatico after all.
  • “We found your prints on the gun”–or on any number of other surfaces.  Actually, there are few good places on a pistol to leave prints.  And those that are left can be smeared.  The same goes for other surfaces.  But if a suspect can be led to believe the cops have his prints, a confession is often forthcoming.
  • A police officer is interrogating a suspect in a murder case.  “He came at you, didn’t he?” asks the cop.  The suspect, who murdered the victim in cold blood, thinks he has an escape route.  “Yeah, he came at me”–this confirming that, yes, he did kill the deceased.
  • “Your partner just gave you up” is a favorite police strategen when there is more than one suspect involved.  If one suspect can be made to “flip”–turn–against the other, the case is essentially wrapped up.
  • Interrogating a bank robbery suspect, a cop might say: “We know you didn’t do the shooting, that you were only the wheelman.”  This implies that the penalty for driving the getaway car is far less than that for killing someone during a robbery.  In fact, criminal law allows every member of the conspiracy to be charged as a principal.
  • “I don’t give a damn what you did,” says the detective.  “Just tell me why you did it.”  For some suspects, this offers a cathartic release, a chance to justify their guilt.
  • The “good cop/bad cop” routine is known to everyone who has ever seen a police drama.  Yet it continues to yield results so often it continues to be routinely used.  “Look, I believe you,” says the “good” cop, “but my partner’s a real asshole.  Just tell me what happened so we can clear this up and you can go.”
  • “So,” says the detective, “why do you think the police believe you did it?”  “I have no idea,” says the suspect, confident that he isn’t giving up anything that might come back to haunt him.  “Well,” says the cop, “I guess you’ll just have to make something up.”  Make something up sounds easy, but is actually a trap.  The suspect may end up giving away details that could incriminate him–or lying so brazenly that his lies can be used against him.

So is there a best way for a suspect to deal with an invitation to waive his Miranda right to remain silent?

Yes, there is.  It’s to refuse to say anything and to ask for permission to call a lawyer.

That’s the preferred method for Mafia hitmen–and accused police officers.

Any cop who finds himself under investigation by his department’s Internal Affairs unit automatically shuts up–and calls his lawyer.

Any other response–no matter how well-intentioned–may well result in a lengthy prison sentence.

 

 

 

WHEN PATRIOTS BECOME PREDATORS

In Politics, Bureaucracy, History, Social commentary, Military on October 21, 2014 at 12:03 am

Bill O’Reilly, host of the Fox News Channel program The O’Reilly Factor, has offered his own solution to fighting terrorism: A multinational mercenary army, based on a NATO coalition and trained by the United States.

Bill O’Reilly

“We would select them, special forces would train them–25,000-man force to be deployed to fight on the ground against worldwide terrorism. Not just ISIS,” O’Reilly said on “CBS This Morning” on September 24.

Actually, O’Reilly’s idea is the subject of The Profession, a 2011 novel by bestselling author Steven Pressfield.

The Profession

Pressfield made his literary reputation with four classic novels about classical Greece.

In Gates of Fire (1998) he explored the rigors and heroism of Spartan society–and the famous last stand of its 300 picked warriors at Thermopylae.

In Tides of War (2000) Pressfield depicted the rise and fall of Alcibiades, Athens’ greatest general, as he shifted his loyalties from that city to its arch-enemy, Sparta, and then to Persia, the enemy of both.

In The Virtues of War (2004) he took on the identity of Alexander the Great, explaining to his readers what it was like to command armies that swept across the known world, destroying all who dared oppose them.

Finally, in The Afghan Campaign (2006) Pressfield–this time from the viewpoint of a lowly Greek soldier–refought Alexander’s brutal, three-year anti-guerrilla campaign in Afghanistan.

Steven Pressfield Focused Interview

 Steven Pressfield

But in The Profession, Pressfield created a seemingly plausible world set into the future of 2032.  The book’s own dust jacket offers the best summary of its plot-line:

“The year is 2032. The third Iran-Iraq war is over.  The 11/11 dirty bomb attack on the port of Long Beach, California is receding into memory.  Saudi Arabia has recently quelled a coup. Russians and Turks are clashing in the Caspian Basin.

“Iranian armored units, supported by the satellite and drone power of their Chinese allies, have emerged from their enclaves in Tehran and are sweeping south attempting to recapture the resource rich territory that had been stolen from them, in their view, by Lukoil, BP, and ExxonMobil and their privately-funded armies.

“Everywhere military force is for hire.  Oil companies, multi-national corporations and banks employ powerful, cutting-edge mercenary armies to control global chaos and protect their riches.

“Even nation states enlist mercenary forces to suppress internal insurrections, hunt terrorists, and do the black bag jobs necessary to maintain the new New World Order.

“Force Insertion is the world’s merc monopoly. Its leader is the disgraced former United States Marine General James Salter, stripped of his command by the president for nuclear saber-rattling with the Chinese and banished to the Far East.’

Salter appears as a hybrid of World War II General Douglas MacArthur and Iraqi War General Stanley McCrystal.

Like MacArthur, Salter has butted heads with his President–and paid dearly for it.  Now his ambition is no less than to become President himself–by popular acclaim.  And like McCrystal, he is a pure warrior who leads from the front and is revered by his men.

Salter seizes Saudi oil fields, then offers them as a gift to America.  By doing so, he makes himself the most popular man in the country–and a guaranteed occupant of the White House.

And in 2032 the United States is a far different nation from the one its Founding Fathers created  in 1776.

“Any time that you have the rise of mercenaries…society has entered a twilight era, a time past the zenith of its arc,” says Salter.

“The United States is an empire…but the American people lack the imperial temperament.  We’re not legionaries, we’re mechanics.  In the end the American Dream boils down to what? ‘I’m getting mine and the hell with you.'”

Americans, asserts Salter, have come to like mercenaries: “They’ve had enough of sacrificing their sons and daughters in the name of some illusory world order.  They want someone else’s sons and daughters to bear the burden….

“They want their problems to go away.  They want me to to make them go away.”

And so Salter will “accept whatever crown, of paper or gold, that my country wants to press upon me.”

More than 500 years ago, Niccolo Machiavelli warned of the dangers of relying on mercenaries:

“Mercenaries…are useless and dangerous. And if a prince holds on to his state by means of mercenary armies, he will never be stable or secure; for they are disunited, ambitious, without discipline, disloyal; they are brave among friends; among enemies they are cowards.

 Niccolo Machiavelli

“They have neither the fear of God nor fidelity to men, and destruction is deferred only so long as the attack is. For in peace one is robbed by them, and in war by the enemy.”

Centuries ago, Niccolo Machiavelli issued a warning against relying on men whose first love is their own enrichment.  Steven Pressfield, in a work of fiction, has given us a nightmarish vision of a not-so-distant America where “Name your price” has become the byward for an age.

Both warnings are well worth heeding.

 

 

JFK’S LEGACIES: FIFTY YEARS LATER

In Bureaucracy, History, Military, Politics, Social commentary on October 20, 2014 at 10:19 am

Fifty years ago this November, John Fitzgerald Kennedy would have almost certainly won re-election as President of the United States.

But one year earlier, Lee Harvey Oswald–an embittered ex-Marine and fervent Communist who idolized Fidel Castro–picked up a sniper’s rifle and changed the course of history.

It has been said that Kennedy left his country with three great legacies:

  • The Nuclear Test Ban Treaty;
  • The Apollo moon landing; and
  • The Vietnam war.

Of these, the following can be said with certainty:

  • The Test Ban Treaty has prevented atmosphereic testing–and poisoning–by almost all the world’s nuclear powers.
  • After reaching the moon–in 1969–Americans quickly lost interest in space and have today largely abandoned plans for manned exploration.
  • Under Presidents Lyndon Johnson and Richard Nixon, 58,000 Americans died in Vietnam; 153,303 were wounded; and billions of dollars were squandered in a hopeless effort to intervene in what was essentially a Vietnamese civil war.
  • From 1965 to 1972, the war angrily divided Americas as had no event since the Civil War.

But there was an additional legacy–and perhaps the most important of all: The belief that mankind could overcome its greatest challenges through rationality and perseverance.

 White House painting of JFK

At American University on June 10, 1963, Kennedy called upon his fellow Americans to re-examine the events and attitudes that had led to the Cold War.

And he declared that the search for peace was by no means absurd:

“Our problems are man-made; therefore, they can be solved by man.  And man can be as big as he wants. No problem of human destiny is beyond human beings.

“Man’s reason and spirit have often solved the seemingly unsolvable, and we believe they can do it again.”

Today, politicians from both parties cannot agree on solutions to even the most vital national problems.

On November 21, 2011,  the 12 members of the “Super-Committee” of Congress, tasked with finding $1.2 trillion in cuts in government spending, threw up their hands in defeat.

President Kennedy speed-read several newspapers every morning. He nourished personal relationships with the press-–and not for entirely altruistic reasons.

These journalistic relationships gave Kennedy additional sources of information and perspectives on national and international issues.

In 2012, Republican Presidential candidates celebrated their ignorance of both.

Former Godfather’s Pizza CEO Herman Cain famously said, “We need a leader, not a reader.”  Thus he excused his ignorance of the reasons for President Barack Obama’s intervention in Libya.

Texas Governor Rick Perry showed similar pride in not knowing there are nine judges on the United States Supreme Court:

“Well, obviously, I know there are nine Supreme Court judges. I don’t know how eight came out my mouth. But the, uh, the fact is, I can tell you–I don’t have memorized all of those Supreme Ccourt judges. And, uh, ah–

“Here’s what I do know. That when I put an individual on the Supreme Court, just like I done in Texas, ah, we got nine Supreme Court justices in Texas, ah, they will be strict constructionists….”

In short, it’s the media’s fault if they ask you a question and your answer reveals your own ignorance, stupidity or criminality.

During the height of the Cuban Missile Crisis, Kennedy spoke with aides about a book he had just finished: Barbara Tuchman’s The Guns of August, on the events leading to World War 1.

He said that the book’s most important revelation was how European leaders had blindly rushed into war, without thought to the possible consequences.

Kennedy told his aides he did not intend to make the same mistake-–that, having read his history, he was determined to learn from it.

Contrast that with today’s woeful historical ignorance among Republican Presidential candidates-–and those who aspire to be.

Consider Sarah Palin’s rewriting of history via “The Midnight Ride of Paul Revere”:

“He warned the British that they weren’t going to be taking away our arms by ringing those bells and, um, making sure as he’s riding his horse through town to send those warning shots and bells that, uh, we were going to be secure and we were going to be free.”

In fact, Revere wasn’t warning the British about anything.  Instead, he was warning his fellow Americans about an impending British attack–as his celebrated catchphrase “The British are coming!” made clear.

Republicans have attacked President Obama for his Harvard education and articulate use of language. Among their taunts: “Hitler also gave good speeches.”

And they resent his having earned most of his income as a writer of two books: Dreams From My Father and The Audacity of Hope.  As if being a writer is somehow subversive.

When knowledge and literacy are attacked as “highfalutin’” arrogance, and ignorance and incoherence are embraced as sincerity, national decline lies just around the corner.

In retrospect, the funeral for President Kennedy marked the death of more than a rational and optimistic human being.  It marked the death of Americans’ pride in choosing reasoning and educated citizens for their leaders.

The Eternal Flame at the grave of President John F. Kennedy

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