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Source: (consider it) Thread: Purgatory: Ferguson and its implications
Barnabas62
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quote:
Originally posted by M.:
Tangent - the statue atop the Old Bailey isn't blindfold.

M.

True. The tradition of the blindfold Lady Justice goes back to the 15th Century - and many other Lady Justice statues are blindfold. But I was wrong about the one on the Old Bailey. Wiki informs me that the Old Bailey brochure advises that her impartiality is assured by her "maidenly form". I think I prefer the blindfold ..

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Palimpsest
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You're not the only one who prefers the blindfold;
spirit of justice covered

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Palimpsest
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quote:
Originally posted by orfeo:
You don't solve bias in one direction by simply applying equal and opposite bias. You don't address a working assumption that in any encounter, the black person is at fault by replacing it with a working assumption that in any encounter, the white authority figure is at fault. That's not justice, that's just revenge.

You don't solve bias by ignoring it. Some of the Ferguson police are Black so it's not always a White authority figure. If however, the Authority is unusually corrupt and does not care about justice, you would be foolish to rely on that authority to correct its own wrongs rather than lie.

The report shows a large number of people who have been fined and arrested on spurious charges of resisting arrest the system has been perverted into a tax farming revenue system.

Do you expect them and their neighbors to believe that system will correct its own excesses? I wouldn't. Instead they listen to whatever stories are given by random people who claim to have been there.

The unusual thing in this case is that there's a Department of Justice that's working to expose and stop systemic racial bias. It's not clear it will continue past this administration.

There have been a number of resignations. The extremely well paid judge has resigned although he continues to hold other part time positions as judge and prosecutor in nearby cities.

The City Council, which responded to one councilor pointing out that the Judge didn't even listen to defense evidence with the "yeah but we need the revenue and he goes through a lot of cases fast" is still there. Do you expect them to correct the system they built?

Given the systemic bias against black people baked into that system, you correct for the bias by assuming that the system, when it testifies on its own behalf, has no credibility. None.

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Barnabas62
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But you don't assume the guilt of any particular individual representative of that law and order process because of the general stink. That's what orfeo is saying. That's what impartiality means. That's what Attorney General Holder said.

Nobody is saying there isn't a general stink.

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lilBuddha
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quote:
Originally posted by Barnabas62:
But you don't assume the guilt of any particular individual

And it is because many police still do that black people assume the worst from them.

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Barnabas62
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Also true.

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orfeo

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quote:
Originally posted by Palimpsest:
quote:
Originally posted by orfeo:
You don't solve bias in one direction by simply applying equal and opposite bias. You don't address a working assumption that in any encounter, the black person is at fault by replacing it with a working assumption that in any encounter, the white authority figure is at fault. That's not justice, that's just revenge.

You don't solve bias by ignoring it. Some of the Ferguson police are Black so it's not always a White authority figure. If however, the Authority is unusually corrupt and does not care about justice, you would be foolish to rely on that authority to correct its own wrongs rather than lie.

The report shows a large number of people who have been fined and arrested on spurious charges of resisting arrest the system has been perverted into a tax farming revenue system.

Do you expect them and their neighbors to believe that system will correct its own excesses? I wouldn't. Instead they listen to whatever stories are given by random people who claim to have been there.

[brick wall]

I honestly wonder how anyone got "just ignore the bias" out of anything I said.

And I wonder even more how anyone thinks "just believe every rumour that flies around instead" is a good solution.

One of the things that particularly amazes me about this case is the approach, both on and off the Ship, that says that the policeman's evidence isn't credible because he has a motive to slant his story a certain way. Well, duh. That's not the problem. The problem is failing to apply the same scepticism to the second guy that was stopped by the policeman, who just as obviously has a motive to slant his story a certain way.

This is exactly why things like physical evidence are so crucial. I don't basically believe this policeman because I think he has perfect recall or because he has no reason to exaggerate, I basically believe him because there's physical evidence to support key things such as that there was a struggle for his gun.

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Palimpsest
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quote:
Originally posted by orfeo:
[QUOTE]Originally posted by Palimpsest:


[brick wall]

I honestly wonder how anyone got "just ignore the bias" out of anything I said.


I got it out of what you didn't say. We all agree there are two conclusions of the report, but you focus on only the first; that the police officer should be acquitted. You only mentioned the second as far as claiming that people use it to claim that the first conclusion when made by the system is unreliable.

So, did I miss your comments about a system that the police, the court, the judge and the clerks office were biased and geared toward extracting fines rather than administering justice?

Earlier in the thread you said in defense of the Grand Jury presentation;

quote:
But this is also what shits me. Politics is largely a fact-free zone. I am naive and idealistic enough to hope that the court system still has an interest in facts. I am even naive and idealistic enough to believe that politics, and public debate in general, should be interested in facts, but I'm well aware that it usually isn't.

Do you believe that the court system in Ferguson demonstrated that still has an interest in facts? Did I miss a post where you discussed how your naïve ideals were wrong about the courts here?
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lilBuddha
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quote:
Originally posted by orfeo:

This is exactly why things like physical evidence are so crucial. I don't basically believe this policeman because I think he has perfect recall or because he has no reason to exaggerate, I basically believe him because there's physical evidence to support key things such as that there was a struggle for his gun.

The physical evidence convinces me that Wilson's account was relatively correct after the confrontation began. It does not convince me that he did not set the tone for more violence than was necessary. It does not convince me that he was purely a respondent and not also an aggressor.
It also further convinces me that American cops are poorly trained* and too much reliant on their firearms.

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orfeo

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quote:
Originally posted by Palimpsest:
quote:
Originally posted by orfeo:
[QUOTE]Originally posted by Palimpsest:


[brick wall]

I honestly wonder how anyone got "just ignore the bias" out of anything I said.


I got it out of what you didn't say. We all agree there are two conclusions of the report, but you focus on only the first; that the police officer should be acquitted. You only mentioned the second as far as claiming that people use it to claim that the first conclusion when made by the system is unreliable.

So, did I miss your comments about a system that the police, the court, the judge and the clerks office were biased and geared toward extracting fines rather than administering justice?

Earlier in the thread you said in defense of the Grand Jury presentation;

quote:
But this is also what shits me. Politics is largely a fact-free zone. I am naive and idealistic enough to hope that the court system still has an interest in facts. I am even naive and idealistic enough to believe that politics, and public debate in general, should be interested in facts, but I'm well aware that it usually isn't.

Do you believe that the court system in Ferguson demonstrated that still has an interest in facts? Did I miss a post where you discussed how your naïve ideals were wrong about the courts here?

I have acknowledged the presence of overall bias again and again and again. I've even done it in my posts last night, whatever you might think my "focus" is. I have also explicitly stated in some other headline cases that it looks to me, from my external seat on a lounge munching popcorn, that the policemen in those cases did something wrong.

If you want to ignore that and focus on the fact that I don't agree with the Ship's majority on the guilt of this particular policeman, that's your decision. I'm not going to waste my time trying to be answerable to selective reading. Frankly, if I want to talk about examples of bias, I only need refer to my own experience of people painting me as being on one "side" of this debate when all I've done for months on end is criticise the constant insistence on dividing everybody neatly into 2 categories.

[ 13. March 2015, 23:52: Message edited by: orfeo ]

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orfeo

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quote:
Originally posted by orfeo:
quote:
Originally posted by lilBuddha:
Connect the dots. The findings confirm why people don't trust the authorities. Because they cannot be blindly trusted and that there still exists a strong bias. And too large a percentage of the time, they will be justified in their fears.

Certainly. No argument there. The findings on the systemic question (which as I understand it is separate to the report on the single incident) do confirm all that.

Palimpsest: For example.

I'm done here. Again. Honestly, I do not know why I bother, I've got better things to do with my life than deal with the fact that so many people think the answer to prejudice is reverse prejudice.

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orfeo

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quote:
Originally posted by lilBuddha:
quote:
Originally posted by orfeo:

This is exactly why things like physical evidence are so crucial. I don't basically believe this policeman because I think he has perfect recall or because he has no reason to exaggerate, I basically believe him because there's physical evidence to support key things such as that there was a struggle for his gun.

The physical evidence convinces me that Wilson's account was relatively correct after the confrontation began. It does not convince me that he did not set the tone for more violence than was necessary. It does not convince me that he was purely a respondent and not also an aggressor.
It also further convinces me that American cops are poorly trained* and too much reliant on their firearms.

Yes, because trying to open your car door is so violent.

Seriously, how do you expect police to do any policing? You don't want them to talk to anyone?, To tell anyone to stop doing something wrong?

At which point, precisely, would you like to apportion a decent amount of blame to the other guy? The one whose disrespect for authority ranges from casually robbing a store to reaching for a policeman's gun?

Over and out.

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lilBuddha
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[Roll Eyes]
Haven't had too many encounters with authority, have you. I've had the same enquiry posed by different authorities. Some very polite and conversational, some confrontational. All asking what the Hell someone like me was doing in a place like this, but some very much more aggressive.
If a car door is opened in front of you, perhaps not violent. If a car door is opened into you, violent.

I am saying that, even if the final outcome is the correct one, it does not inherently make Wilson a blameless angel.

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Palimpsest
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quote:
Originally posted by orfeo:
If you want to ignore that and focus on the fact that I don't agree with the Ship's majority on the guilt of this particular policeman, that's your decision. I'm not going to waste my time trying to be answerable to selective reading. Frankly, if I want to talk about examples of bias, I only need refer to my own experience of people painting me as being on one "side" of this debate when all I've done for months on end is criticise the constant insistence on dividing everybody neatly into 2 categories.

You seem to have neatly placed me in the category of someone who thinks the policeman is guilty. I did not say this Policeman was guilty. After the DOJ report, I say he isn't guilty, since that report is credible.

I have said that the local government appears incapable of handling this case or convincing people they can. I've also said that the people who are supposed to clean this up are part of the problem. This is an inadequate solution. Some of the later developments; resignations of top officials; the state taking over the court, and perhaps replacing the police department might be a start to a long process. Also, the problem is larger than the municipality of Ferguson, as mentioned in the links I posted about other cities in the region.

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Barnabas62
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quote:
Originally posted by lilBuddha:

I am saying that, even if the final outcome is the correct one, it does not inherently make Wilson a blameless angel.

Well, of course he doesn't have to be a blameless angel, does he?

But I still don't know what reliable evidence there is that in this particular incident he provoked Michael Brown. I think you have suspicions, which you are entitled to. And they are supported by Dorian Johnson's testimony. So I'll have one more go.

Read Dorian Johnson's testimony.

And consider carefully what he says, particularly in the car confrontation. If you believe he is a credible witness, not just in the face of the contradictory forensic testimony, but also in terms of the internal coherency of his account, then we'll just have to agree to differ about what makes a witness account credible.

Look in particular at page 50-54 in the transcript. Dorian Johnson has a seated Wilson trying to pull a very large man, 80lb heavier than himself, into the car, through the car window, with the car door closed, with his left hand only. Heck, you may be right about poor police officer training but nobody is that stupid.

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lilBuddha
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quote:
Originally posted by Barnabas62:

But I still don't know what reliable evidence there is that in this particular incident he provoked Michael Brown.

No, there is no reliable evidence.
To be completely honest, The way the police handled the situation from the outset raised my suspicions and it is difficult to completely factor that out.
quote:
Originally posted by Barnabas62:

I think you have suspicions, which you are entitled to. And they are supported by Dorian Johnson's testimony. So I'll have one more go.

Eyewitness testimony is fraught with problems. I am not basing any doubts on his testimony.

quote:
Originally posted by Barnabas62:

Heck, you may be right about poor police officer training

The amount of training that US police officers are required to receive is appallingly low. In the UK, police receive far more training at the base level. And well more again for those who are allowed to carry firearms.

quote:
Originally posted by Barnabas62:

but nobody is that stupid.

I am not asserting that Wilson necessarily is, but some people certainly are.

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Moo

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quote:
Originally posted by lilBuddha:
If a car door is opened in front of you, perhaps not violent. If a car door is opened into you, violent.

A car door can be opened into you only if you are standing right next to it. Why did Brown position himself there?

Moo

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Barnabas62
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quote:
Originally posted by lilBuddha:
Eyewitness testimony is fraught with problems.

Sure is. The Justice Department Report does a pretty good job in this particular case of sifting out reliable and unreliable testimony, and the various pressures on witnesses.

It looks as though those whose eyewitness testimony was corroborated by forensic evidence and supported Officer Wilson's account came under community pressure "not to let the side down". Page 36 also has this telling entry.

quote:
Witnesses Consistent with Prior Statment, Physical Evidence and Other Witnesses who Inculpate Wilson

There are no witnesses who fall under this category

I think a part of the justifiable criticism of Ferguson Law and Order is this strong impression that support for the law enforcement agencies may have put loyalty ahead of veracity. But that is also a sword which cuts both ways.

I have a great deal of respect for you as a Shipmate and the way you post, and I'm not seeking to minimise the stink in Ferguson in any way. But the community in which Michael Brown grew up also seems to have questions to answer about that pressure on witnesses. Community leaders need to be willing to acknowledge that the evidence which exonerates Officer Wilson is impressive, however uncomfortable that may be.

Progess cannot be made if the myth is perpetuated that "it's all their fault". Whoever "they" might be.

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lilBuddha
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I do not disagree with your post B62.* Though I would qualify that the onus is greater on the abuser than the abused.

quote:
Originally posted by Moo:
quote:
Originally posted by lilBuddha:
If a car door is opened in front of you, perhaps not violent. If a car door is opened into you, violent.

A car door can be opened into you only if you are standing right next to it. Why did Brown position himself there?

Moo

Or why did Wilson position his vehicle where he did?
We could do this all day and not resolve anything.
What I am arguing is the beginning of any encounter can influence the tone of the encounter. And that the police, especially American police,** have a poor history of setting tone.
In this case we cannot know. And I freely admit my predjudice, and unfortunately experience, colours my view.


*other than the misguided respect.
**In regards to race, especially, but not exclusively

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Barnabas62
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quote:
Originally posted by lilBuddha:
I do not disagree with your post B62.* Though I would qualify that the onus is greater on the abuser than the abused.

*other than the misguided respect.

You're too modest. And your qualification is right on the money. I'm very conscious that I haven't personally been on the receiving end of anything like the Ferguson "stink".

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Palimpsest
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This is an article about the upcoming Ferguson City Council Races

It's going to be a long hard road to fixing the problems even if everyone works hard to do so. Right now, there are more Black candidates, but voter registration and projected turnouts are a problem.

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Leorning Cniht
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quote:
Originally posted by lilBuddha:

We could do this all day and not resolve anything.
What I am arguing is the beginning of any encounter can influence the tone of the encounter. And that the police, especially American police,** have a poor history of setting tone.

Yes, I agree. I think I've posted before about the feedback mechanism of growing distrust between the police and the policed, and it's clear that in Ferguson, and in many other places, there's plenty of distrust to go around.

It will be neither quick nor easy to get from where we are now to where we would like to be. The police have the power in this situation, so they need to make the first move. Changing the tone with which they begin interactions with members of the public (yes, even ones they suspect of criminal offenses) would be a fine move to make.

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Palimpsest
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In this specific case, it's not clear that the current Police have power. The State is mulling over whether the municipal police should be replaced and the Justice Department is contemplating what demands they would want in order to settle with the City. It will probably include a special master to review Police incidents.
The state is also thinking of reducing the maximum percentage of revenue the cities can get from traffic fines from 30% to 10% and is looking at cities which are already over the 30% cap.

All of this may falter, but for the time being, there's a fair amount of attention. It's definitely an unusual amount of focus on business as usual.

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saysay

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At some point we're also going to have to deal with the people who make a profit off of prisons and prisoners and really don't want the system to change.

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I'll tell you all about it when I see you again"
"'Oh sweet baby purple Jesus' - that's a direct quote from a 9 year old - shoutout to purple Jesus."

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Palimpsest
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Ferguson and the Right is an article by the Managing Editor that appeared in National Review, a conservative (Right Wing) U.S. magazine.

It makes some interesting points about the conservative reaction to the Ferguson report.

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Leorning Cniht
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quote:
Originally posted by Palimpsest:

The state is also thinking of reducing the maximum percentage of revenue the cities can get from traffic fines from 30% to 10% and is looking at cities which are already over the 30% cap.

I think these kinds of fines should be explicitly non-revenue making. Take all the money, put it in a pot, and pay it out as a tax credit to all your citizens next year, or something.

But remove the incentive for police forces to profit from fines.

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orfeo

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I swear, he stole the last paragraph off me. [Biased]

[X-post]

[ 17. March 2015, 01:28: Message edited by: orfeo ]

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Palimpsest
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Agreed that revenue from fines encourages this dysfunction. The problem is figuring out how to finance these cities. Many of them have severe revenue problems. The solution is probably not one where the city can't afford a police force. Fixing this would require state-wide restructuring of taxes in ways that are not likely to happen. This problem can be seen quite clearly in how schools are financed locally.
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Leorning Cniht
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quote:
Originally posted by Palimpsest:
Many of them have severe revenue problems. The solution is probably not one where the city can't afford a police force. Fixing this would require state-wide restructuring of taxes in ways that are not likely to happen. This problem can be seen quite clearly in how schools are financed locally.

Most cities raise their fine income from their own residents, so the residents are already paying for the police force. Go revenue-neutral on fines and increase the local property tax to pay for the police force, and you don't actually change anyone's net fiscal situation.

You don't need state-wide anything.

The kind of city that has a permanent cop lurking on the 300 feet of state highway within its boundaries to generate income is fairly rare.

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W Hyatt
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quote:
Originally posted by saysay:
At some point we're also going to have to deal with the people who make a profit off of prisons and prisoners and really don't want the system to change.

Thanks for the link: very interesting reading. I already knew that our system of justice was broken, but I have been way underestimating just how broken it is.

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lilBuddha
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The John Oliver piece within that link on civil forfeiture sounds like it should be describing a third-world despotic regime.

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Palimpsest
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quote:
Originally posted by Leorning Cniht:

The kind of city that has a permanent cop lurking on the 300 feet of state highway within its boundaries to generate income is fairly rare.

From the article I posted earlier about the cities around Ferguson
Ferguson became a symbole but bias knows no borders

quote:
Officials in nearby cities rejected any comparison to Ferguson.

“You don’t dismantle the whole house in order to kill one bug,” said Mayor Patrick Green of Normandy, who is black. He said that his police force had issued more citations since state agencies asked it to help patrol Interstate 70, and that the money had been used to pay for public safety. “Everyone’s saying, ‘Oh, no, that’s cities just taking advantage of the poor,’ ” he said. “When did the poor get the right to commit crimes?”


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orfeo

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Which is arguably the wrong question. The question arguably should be "when did the rich get the right to commit crimes but be let off?"

He's right on one level, of course. If you do actually breach the traffic laws, you've got no comeback. I always have limited sympathy for people who complain about speeding fines as "revenue-raising", because there's a very obvious way not to contribute to the revenue: don't speed.

However, there's no way the policy as to whether a technical/minor breach is actioned should depend on the colour of your skin.

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ChastMastr
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quote:
Originally posted by saysay:
At some point we're also going to have to deal with the people who make a profit off of prisons and prisoners and really don't want the system to change.

Amen, amen, and amen. [Frown]

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Golden Key
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orfeo--

But speed traps aren't that simple. (Motorists.org)

quote:
What Is A Speed Trap?

When most people think about speed traps, they think about police hiding behind billboards or waiting to pick off motorists right where the speed limit changes.

However, there is a broader, more accurate definition that covers these situations and more:

A speed trap exists wherever traffic enforcement is focused on extracting revenue from drivers instead of improving safety, made possible by speed limits posted below the prevailing flow of traffic.

(Italics mine.)

And the related National Speed Trap Exchange site has this:

quote:
Detailed research by the U.S. Department of Commerce has shown that the safest rate of travel is a few miles per hour above the average traffic speed. Enforced speed limits set below that average speed are speed traps, sacrificing safety for revenue.
In other words, it's a set up.

BTW, the Speed Trap Exchange is where drivers can share info--so far, they've got more than 80,000 sites listed in the US and Canada.

(Anyone else thinking of the 70s(?) movie "Convoy", about long-haul truckers dealing with local law enforcement? [Big Grin] )

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orfeo

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That is completely arse backwards as a regulatory concept. You can't set a speed limit based on the flow of traffic. The flow of traffic is determined by a range of factors, including the speed limit.

A large number of people habitually travel at 5-10 km/h faster than the speed limit no matter what you set the speed limit as.

It's no different to setting the start time for a church service. I've witnessed what happens when, because a lot of people arrive 10-15 minutes after the start time, the church moves the start time back 15 minutes. The same people then arrive 10-15 minutes after the NEW start time.

There is no "natural" flow of traffic that overrides the speed limit. The simple fact is, even if you as an individual driver believe that you can currently do a faster speed, you're not allowed to.

Given the ridiculous set of assumptions that most drivers have about the level of their skills (70% of drivers rated themselves 'above average' in one survey I know about), reaction times, stopping capacity, motorists are an absolutely terrible candidate for the kind of self-regulation that a claim of a "natural" speed involves. Speeding is against the law. End of. Every attempted "justification" I've ever heard, on the Ship, or otherwise, for why it would actually be alright to go faster is a load of codswallop, and sometimes involves ignoring large branches of medicine and physics.

And furthermore, in the jurisdictions I know about speed limits are not arbitrary, they are determined by a set of criteria. The fact that most motorists don't have a damn clue about half the criteria (certainly no expertise in them) and only go "but the road is nice and wide and open" just proves why motorists shouldn't be in charge of setting their own rules. If they were, all that would happen would be in an increase in cases like the bloke who killed his 2 passengers near my house because he didn't understand how to handle a series of curves that are slow but also long.

[ 17. March 2015, 06:22: Message edited by: orfeo ]

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Dave W.
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quote:
Originally posted by orfeo:
That is completely arse backwards as a regulatory concept. You can't set a speed limit based on the flow of traffic. The flow of traffic is determined by a range of factors, including the speed limit.


Sure you can:
quote:
When establishing a speed limit, the main premise is that most drivers are prudent and will voluntarily comply with a reasonable speed limit. To determine what is reasonable, engineers measure drivers' speed on a section of roadway, the speed at which 85% of drivers are at or below is the standard for determining a speed limit. A properly set speed limit will be within 3 miles per hour (±) of this observed speed. The posted speed limit will then be rounded to the nearest 5 miles per hour.
(From Maine's Department of Transportation.)
quote:
Originally posted by orfeo:
And furthermore, in the jurisdictions I know about speed limits are not arbitrary, they are determined by a set of criteria.

Just because you have criteria doesn't mean they're not arbitrary. Do you have a link? It would be interesting to compare.
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orfeo

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I found the document for New South Wales. You will see that it gets pretty detailed.

[ 17. March 2015, 13:48: Message edited by: orfeo ]

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orfeo

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PS I also found the Victorian version, which is slightly longer and arguably laid out in a less attractive manner. There is in fact a set of standards that form the basis of road management across all of Australia and New Zealand (with a bit of local modification no doubt), but to read those standards you have to pay for them.

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orfeo

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Gotta love the Maine (and apparently most of USA?) method. A guaranteed way of ensuring you can book 15% of drivers for speeding?

But then, they repeatedly deny any suggestion of creating speed traps.

However, halfway through the, um, delightful instructional video, they actually start talking for about a minute about factors of the road environment that are exactly like the factors considered here.

There's a whole massive discussion to be had here about rule of law and theories of legal compliance.

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orfeo

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Apologies for adding yet another post, but I did leave it for a long while.

The logical problem with the 85th percentile rule that MaineDOT claim to be applying can be shown very easily, with one question:

How did you set the speed limit on the new road?

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Dave W.
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For newly constructed roads, I suspect they assign provisional limits, then do the engineering study.

The 85 percentile speed appears to be a standard guide for setting limits across the US. Here's the California Manual for Setting Speed Limits:
quote:
Speed limit determinations rely on the premise that a reasonable speed limit is one that conforms to the actual behavior of the majority of drivers; one will be able to select a speed limit that is both reasonable and effective by measuring drivers' speeds. Speed limits set by E&TS [engineering and traffic studies] are normally set near the 85th percentile speed. The 85th percentile speed is the speed at or below which 85 percent of the traffic is moving, and statistically represents one standard deviation above the average speed.

Studies of the effects of establishing, raising and lowering speed limits include federal studies FHWA-RD-92-084 and FHWA-RD-98-154 (summaries can be found in Appendix D.1 and the full reports can be found at the FHWA web site). These studies demonstrate that the most effective attribute in establishing the speed limit is to determine the 85th percentile speed and set the posted speed close to that value. The empirical data in these studies demonstrates that setting the speed limit too high or too low can increase collisions. Speed limits that are set near the 85th percentile speed of free flowing traffic are safer and produce less variance in vehicle speeds. Because of this, the 85th percentile is used to establish the upper limit of operating speeds that are considered reasonable and prudent.

Apparently (according to one of the studies cited) changing the posted speed limit doesn't have much effect on the actual average speed on many roads, but it helps prevent inadvertent outliers by setting a standard and it provides an unambiguous basis for enforcement.
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orfeo

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quote:
Originally posted by Dave W.:
For newly constructed roads, I suspect they assign provisional limits, then do the engineering study.

How do you set a provisional limit? What's the basis for it? Putting "provisional" in front of it does nothing to solve the logical problem of finding a basis for deciding what that limit is going to be. All I'm going to ask you now is: how did you set the provisional limit on the new road?

And the next question is: how did that provisional limit influence driving behaviour for your study? The obvious problem with the "engineering study" is that one of the largest factors of many drivers in deciding the speed at which to drive is the speed limit. It's certainly a major factor in my driving speed, because I have no interest in subjecting myself to a fine.

So they're not actually getting a measure of the "free" flow of traffic. The flow of the traffic isn't free, it's hampered by the existing speed limit. To actually get a proper examination of the supposed question (what do drivers think is a sensible speed to drive on this road), you have to inform drivers that there is no wrong answer - that they are allowed to drive unhampered by a law that says that acting on an answer above the current speed limit is unlawful.

It's badly circular logic. Someone has taken the statistic that the 85th percentile is the safest speed, and not understood that setting the speed limit is one of the methods of influencing what the 85th percentile value is, not that the speed limit should simply reflect it.

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LeRoc

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quote:
orfeo: How do you set a provisional limit?
Benchmarking. You look at similar roads, and you set the provisional limit equal to that.

Your new road is a country road with some curves. Most country roads with some curves have speed limit of 40 mph. So you set your provisional limit at 40 mph. In the first weeks, you fine no-one, but you do your engineering study.

You find out that unlike the other country roads with some curves, 70% of the cars go faster than 40 mph on your road. They may go 45, they may go 52, but a lot of cars don't obey the speed limit, more than at other country road with curves. So you set the permanent speed limit of your road to 50 mph.

Simples.

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orfeo

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quote:
Originally posted by LeRoc:
quote:
orfeo: How do you set a provisional limit?
Benchmarking. You look at similar roads, and you set the provisional limit equal to that.

Your new road is a country road with some curves. Most country roads with some curves have speed limit of 40 mph. So you set your provisional limit at 40 mph. In the first weeks, you fine no-one, but you do your engineering study.

You find out that unlike the other country roads with some curves, 70% of the cars go faster than 40 mph on your road. They may go 45, they may go 52, but a lot of cars don't obey the speed limit, more than at other country road with curves. So you set the permanent speed limit of your road to 50 mph.

Simples.

Why? Why do "most country roads with some curves have speed limit of 40 mph"? On what basis? How did they get that speed limit in the first place?

And okay, hands up who has actually seen these 'provisional' speed limits that only last for a few weeks?

I have no problem with the idea that what the traffic is actually doing can be used in a review of a speed limit. That is, in fact, something that comes into the Australian system. My point, though, is that it's simply not viable to use it as the starting point for a speed limit, and even this answer proves that. You have to begin with criteria that look at the road and the road environment, not driver behaviour. You are assessing the new road to compare it to existing roads and see which physical features it has in common.

And I just can't think of any evidence that people set 'provisional' speed limits with the expectation of immediately doing a study and committing to changing them based on the study. Those kinds of studies in fact only happen on particular roads, when something flags that a review is needed to check whether speed limit is appropriate.

If the American claimed system was confined to that - to using driver behaviour as a factor in a review - I wouldn't have a problem with it. But it's kind of obvious to me, given my profession, that you can't use driver behaviour as the primary basis for setting a speed limit when:

1. At the time you're setting the speed limit, there isn't any driver behaviour; and

2. The speed limit you set affects subsequent driver behaviour.

It's also interesting that the response to driver speeding (well, apart from taking advantage of the ability to repeatedly fine over 15% of the population) is to change the rule, not change the road to slow them down. The main road through my suburb - the one on which the guy killed his 2 passengers - has had some speed humps introduced onto it after exactly the same kind of percentile analysis. This is to increase the percentage of people complying with the 60km/h speed limit. At some point a little before that pedestrian crossing islands had also been added.

The American proposal would be to increase the speed limit, which would mean that a street with numerous driveways, curves, bus stops, a school zone, a scout hall and the entry point for the local supermarket would authorise people to drive their cars at a speed more likely to cause injury and death, to pedestrians in particular, if an incident occurred, and with increased stopping distances.

[Paranoid]

There is something fundamentally odd about taking the view that driver's behaviour ought to be judged purely by drivers, as if drivers are the only interest group and roads exist in some kind of vacuum instead of being surrounded by houses, people and even other roads. I know there's plenty of evidence of the level of influence of car companies in making America all about cars, but that's just ridiculous.

It is also ridiculous to take away the ability to say to drivers that their behaviour in a given situation simply isn't appropriate. That they've failed to exercise the necessary skills in driving. The 85th percentile system is like a teacher at the start of the semester saying "Hello class! We promise that 85% of you will pass this course! Even if none of you know shit!"

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LeRoc

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quote:
orfeo: Why? Why do "most country roads with some curves have speed limit of 40 mph"? On what basis? How did they get that speed limit in the first place?
By the same process.

quote:
orfeo: And okay, hands up who has actually seen these 'provisional' speed limits that only last for a few weeks?
Me.

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orfeo

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quote:
Originally posted by LeRoc:
quote:
orfeo: Why? Why do "most country roads with some curves have speed limit of 40 mph"? On what basis? How did they get that speed limit in the first place?
By the same process.
How was the limit on the first one set?

You are basically facing the "it's turtles all the way down" problem.

[ 18. March 2015, 07:08: Message edited by: orfeo ]

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orfeo

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I must say, it seems to me that the American authorities have discovered an ingenious way to repeatedly fine 15% of drivers for speeding.

I'm wondering, though, why those drivers aren't crying foul and saying "What are you punishing us for? We were no more than 15 percentiles off the safest possible speed! You should be going after all those people who were travelling below the 60th percentile - they're all worse than us!"

And it's a fair question: why would governments seeking to raise revenue restrict themselves to fining just 15% of the population, when they could be fining 60% of the population? And the beauty is it's guaranteed by definition: if those people speed up, it doesn't matter, because someone else is then in the bottom 60%

This of course works with the 85th percentile as well: if people who are being fined slow down, then the absolute speed corresponding to the 85th percentile drops, which warrants a change in the speed limit (which is displayed as an absolute speed, not as a percentile), which then means that people whose driving behaviour was previously legal will find themselves now being fined.

Which leads to me conclude that either:

1. The US authorities aren't changing speed limits much because they're relying on the fact that fined motorists are more likely to whinge loudly about being fined and set up websites about "speed traps", rather than actually change driving behaviour and affect the 85th percentile.

2. The whole process doesn't actually quite work that way and they peddle the "you're setting the speed limit, not us" line because it appeals to the American mindset.


Either seems equally likely.

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Dave W.
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quote:
Originally posted by orfeo:
quote:
Originally posted by Dave W.:
For newly constructed roads, I suspect they assign provisional limits, then do the engineering study.

How do you set a provisional limit? What's the basis for it? Putting "provisional" in front of it does nothing to solve the logical problem of finding a basis for deciding what that limit is going to be. All I'm going to ask you now is: how did you set the provisional limit on the new road?
Easy - use the limits set on similar, existing roads.
quote:


And the next question is: how did that provisional limit influence driving behaviour for your study?

As I pointed out in the post immediately above the one in which you ask this question - not much.

You don't seem to get it - this is not a "logical" problem, it's a practical one. I don't know exactly how they set limits on newly constructed roads - using provisional limits was a guess - but it's obviously not insuperable. It certainly doesn't logically necessitate the conclusion that all American transportation authorities are lying about the basis for speed limits.

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orfeo

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quote:
Originally posted by Dave W.:
You don't seem to get it - this is not a "logical" problem, it's a practical one.

It's both. And it's the exact kind of problem I deal with every day of my working life. That's why I'm talking about it.

If you don't want arbitrary speed limits - or arbitrary government decisions about anything - you have to define the criteria that are going to be used in the decision.

Those criteria have to be workable. A criterion that says look at driver behaviour is not workable before there is any driver behaviour.

Your solution is to say "simple. look at other roads." But the whole point is that's not the same criterion. That's avoiding the claimed rule - and note, I'm not the one claiming that ought to be the rule, I've got American authorities claiming that that is the rule - because you recognise the rule doesn't work. It's not possible to apply a rule that says "set the speed limit to the 85th percentile of traffic on this road" when there isn't yet anybody on this road.

So you end up basing it on the speed limit of some other road you think is similar. First, that's thrown the whole supposed rationale (that every road is different) out the window. Second, how exactly did you decide that this other road was similar? You must have used some criteria, like LeRoc's "country road with curves".

I repeat, this is exactly what I spend my days doing. This basically is what legislative drafting is about. I talk to people about whether the proposed process/criteria for decision making actually make sense and will be workable in all situations. Because if they're not, you have a recipe for disputes. You came up with one solution to the problem of setting the speed limit for a new road. What if the government folk come up with a different solution to yours? What if they picked a road as "similar" that you don't think is "similar"? Which one of you is right, when you both agree that the actual "rule" fails to do the job?

And it's a practical problem as well, because the notion behind this appears to be "the 85th percentile is the safest speed, and therefore we want to encourage people to travel at the 85th percentile". Which is an interesting logical puzzle to set yourself, given that, by definition, nearly 85% of people will be slower and nearly 15% will be faster. It's relevant how much faster/slower people are going, but the discussion I've seen doesn't seem to quite grasp the conceptual distinction.

It also only deals with the probability of an incident, not the gravity of one. And again, it's thoroughly car-focused, in that it seems to be about collisions between cars and not about your capacity to stop if a child runs into the street.

[ 18. March 2015, 11:55: Message edited by: orfeo ]

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