RoyGBivensAction
Zensunni Scientologist
Married to a tomboy, so I have that going for me, which is nice.
User ID: 3756
RoyGBivensAction
Zensunni Scientologist
20d ago
If there was a new problem in the 1950s
The scope of the roving increased greatly in the 50s. Automobile ownership was much higher in the 50s than in the 20s-30s.
RoyGBivensAction
Zensunni Scientologist
20d ago
As for other posters speculating about double jeopardy with multiplicative charging, I have never heard of that argument getting close to winning at any significant appeals court in any state. It simply is a profoundly silly argument. There won't be two juries and two judges hearing each charge. Its one jury and one judge hearing one trial. And if convicted the cumulative convictions out of a single act are served concurrently, so its not like if you shoot a guy and are convicted of all 10 murder counts alleged that you now are a 10x convicted murderer and serve 10 sentences.
The double jeopardy clause has protections that apply even within a single prosecution, namely the third one listed here:
"That guarantee has been said to consist of three separate constitutional protections. It protects against a second prosecution for the same offense after acquittal. It protects against a second prosecution for the same offense after conviction. And it protects against multiple punishments for the same offense.” North Carolina v. Pearce, 395 U.S. 711 (1969)
The "same offense" protection applies when dealing with greater- and lesser-included offenses.
“The greater offense is therefore by definition the "same" for purposes of double jeopardy as any lesser offense included in it.” Brown v. Ohio, 432 U.S. 161, 168-9 (1977)
The classic examples are things like Robbery/Theft, Possession with Intent to Sell/Possession, and Vehicle Theft/Theft.
If there is a conviction for the greater and lesser simultaneously, then the conviction on the lesser must be vacated. Running it concurrently does not suffice as
"[t]he separate conviction, apart from the concurrent sentence, has potential adverse collateral consequences that may not be ignored." Ball v. United States, 470 U.S. 856, 865 (1985)
Even in my prosecution-friendly state, it's a reversible error if the court fails to give a jury instruction and verdict form on a lesser-included offense if requested by either side. Should the prosecution succeed in a conviction on both the greater and lesser, then the lesser conviction is vacated.
RoyGBivensAction
Zensunni Scientologist
20d ago
See also Scott's review of On the Road:
On The Road seems to be a picture of a high-trust society. Drivers assume hitchhikers are trustworthy and will take them anywhere. Women assume men are trustworthy and will accept any promise. Employers assume workers are trustworthy and don’t bother with background checks. It’s pretty neat.
But On The Road is, most importantly, a picture of a high-trust society collapsing. And it’s collapsing precisely because the book’s protagonists are going around defecting against everyone they meet at a hundred ten miles an hour.
RoyGBivensAction
Zensunni Scientologist
21d ago
Ended up finishing The Karamazov Brothers (Avsey translation, hence the word order in the title). Not much to add to every review of the book from the last 100 years, but after reading it and Demons, I have to say I'm quite impressed with his prophetic talents. Ol' Fyodor really saw the 20th century coming.
Now working on Shadow Ticket by Pynchon.
RoyGBivensAction
Zensunni Scientologist
21d ago
As a juror I can imagine going ya he is guilty of the worst one, but it feels like legal BS to double charge him with a lesser crime that is the same thing.
The double jeopardy clause causes some strange things with regards to lesser-included offenses, and often times a defense attorney will want that lesser-included charge on the indictment to argue that the jury should convict on it instead of the greater charge. Sometimes prosecutors will keep the lesser-included because they're afraid of the jury acquitting if the only option is the greater charge.
RoyGBivensAction
Zensunni Scientologist
21d ago
I can't even blame my dad, he did find love afterwards, eventually, but he didn't have the experience needed to help me navigate the world I found myself in.
Yeah, I don't mean it in a blame way, or even to suggest I would've listened to my dad had he provided advice. More of a Noticing a pattern kind of thing.
RoyGBivensAction
Zensunni Scientologist
21d ago
My solution: exit. For the past year, I've only read books written in the 20th century, and it's been such a breath of fresh air.
Exit has been my solution as well. Hollywood/Netflix/tv wants to serve nothing but slop? The NFL has all the aesthetics of a rap video? Guess I'll pass on all of it.
Mentioning this elsewhere, the usual response is "oh, so you're just reading dead white men instead,"
And the correct answer is yeschad. They were the good writers.
RoyGBivensAction
Zensunni Scientologist
21d ago
Tools that would have been useful to me in my twenties
This is gesturing towards a Sunday question I've been thinking about, which is how many Xers/millennials had Silent/Boomer same-sex parents that they thought were in any way useful in providing advice in the realm of sex/dating/marriage. It seems like a lot of guys I know (I know far less about women's opinions on this issue) had to reinvent the wheel during their 20s and even into their 30s on those topics, and there seems to be a strong overlap with a not-very-helpful-with-advice Silent/Boomer father.
RoyGBivensAction
Zensunni Scientologist
21d ago
He's generally so accurate in his takes on the WQ that I sometimes suspect he's CovfefeAnon from X.
RoyGBivensAction
Zensunni Scientologist
21d ago
Those lines of theory were percolating within academia for years before they breached out into the body politic.
An interesting example of this is Mrs. Bridge from 1959, where the author is basing much of the background of the novel on his upbringing in semi-affluent KCMO in the 1920s-30s. There are asides and comments from background characters espousing views that wouldn't explode nationwide until the mid-to-late 60s, or even the 70s, yet they were already circulating in non-academic circles by the 50s (assuming the author heard them in the 50s and had his characters say them even though they didn't really say such things in the 30s, but who knows, maybe he's being fully accurate and those ideas really were the talk of upper middle class white people in the 30s).
RoyGBivensAction
Zensunni Scientologist
22d ago
Not even an honorable mention for "Merry Xmas (War is Over)" in your least favorite list?
RoyGBivensAction
Zensunni Scientologist
29d ago
Infinite Jest
One I need to reread. It's been over a decade since I read it.
Fat City Gardner — ... a vignette of the low end of life in mid century California.
Always recommended as a boxing book, but the parts about the bleakness of life in Stockton on skid row for the working classes is what I took away from it.
On The Marble Cliffs Junger — I’m not sure I really got it,
How I felt after reading Eumeswil, but I still need to get around to Marble Cliffs. Glass Bees, by comparison, was direct and easy to follow for a tard like myself.
Portnoy’s Complaint Roth
A fun read, but well over the line of how much Jewish neuroticism I find acceptable. It wasn't a surprise, I knew what I was getting into, but man. It's never-ending. I thought American Pastoral and Human Stain were better, especially the latter. Roth has amazing sentences on almost every page of his writing.
I was thinking I didn't break a dozen books this year, but apparently I broke 2 dozen, not even counting the re-reads. I don't think I'll finish Karamazov by the end of the year since I'm 2/3 done right now.
Serious and Less Serious Stuff
Barth – Sot Weed Factor
Franzen – the Corrections, Freedom
Kesey – Sometimes a Great Notion
Chabon – Wonder Boys, Yiddish Policeman's Union
Chuck Kinder – The Honeymooners
Buzzati – The Stronghold
Ellroy – LA Quartet, Underworld USA trilogy
Ellis – The Informers, Lunar Park, The Shards (got halfway, then quit--ridiculously padded and a good editor would cut half)
Malaparte – The Skin
Wodehouse – The Jeeves Omnibus 1-4
Tartt – The Secret History
Clavell – Shogun
Horror
Sarban – The Sound of his Horn, The Sacrifice and Other Stories
Nevill – The Ritual
Hurley - Starve Acre
Thomas Tryon – Harvest Home
Stoker – Dracula
Rereads
Vandermeer – 3 Ambergris books
Mieville – Kraken, The Scar
Laird Barron – first 3 short story collections
Bishop – The Etched City
Pynchon – Vineland
RoyGBivensAction
Zensunni Scientologist
29d ago
I hated Dunces so very much. I didn't even make it halfway before I started hoping for Ignatius' death.
RoyGBivensAction
Zensunni Scientologist
29d ago
If you liked Lucky Jim, then I highly recommend The Old Devils by Amis, which is about the misadventures of some old drunks. Both pathetic and very funny.
RoyGBivensAction
Zensunni Scientologist
30d ago
There are times when I really don't want to hear the opinions of people who aren't American about American politics
Those times are days ending in Y.
Okay, perhaps not quite that extreme. But there are an awful lot of conversations where I want to turn into a Rock Flag and Eagle hyper-caricature when being lectured by someone who's never lived in flyover America.
RoyGBivensAction
Zensunni Scientologist
30d ago
Or he's trying to get some dick pics.
RoyGBivensAction
Zensunni Scientologist
1mo ago
Cop or not, would you be willing to detonate your career if the leadership made it clear that the case was a career dead end?
If I want to engage in a little conspiracy theorizing, as a treat, then I like this one: the agent put in charge of the investigation was terrified that it really was a spook or spook-adjacent individual who planted the pipe bombs. What would the fallout be if they went 110% on solving the crimes and found out something like that? And the information became public? At a bare minimum, every prosecution of Jan. 6 individuals falls apart. At the maximum... the sky's the limit.
RoyGBivensAction
Zensunni Scientologist
1mo ago
t. keeps his mother's-basement bedroom at 78 degrees and wears one layer
Getting dangerously close to being a literal lizardperson like Taylor Lorenz.
RoyGBivensAction
Zensunni Scientologist
1mo ago
murdered four sorority girls
Correction: 3 girls and one guy.
While possible, I think it's more likely the prosecutors were very aware that death penalty appeals are never-ending and incredibly expensive. For example, the last execution in Idaho was 2012 (for a 1984 crime) and Thomas Creech has been on death row in Idaho since 1981 with several failed execution dates moved due to ongoing appeals. Getting a defendant to take a plea offer means far fewer appeals and less expense.
See also this guy, who murdered 2 people after escaping from prison and got a plea offer to life in prison.
RoyGBivensAction
Zensunni Scientologist
1mo ago
Thanks for the link. I need some new slippers, and some colors of the shoes (not boots) with leather soles are on sale for $79. Might as well try them.
RoyGBivensAction
Zensunni Scientologist
1mo ago
If Mangione's aim was to evade justice, why did he keep the gun, the suppressor, the bullets, and the manifesto?
There have been cases (note the plural) from my state where a murder suspect was arrested months later in a different state and still had the murder weapon in his car. Each guy could've taken any number of scenic routes in the thousand miles in-between and dumped the gun in any number of rivers and odds are it would never been found.
For a very high-profile example, after the June 26 shootout with the FBI at Pine Ridge that killed 2 FBI agents, Leonard Peltier was encountered in mid-Sept (he successfully fled from police) and one of the killed FBI agent's guns was under the driver's seat in the car he was in.
RoyGBivensAction
Zensunni Scientologist
1mo ago
Depends on when the arrest and search occurred. Police in my state have screwed this up before by doing the following:
-Detaining someone to investigate something suspicious (specifically a misdemeanor where an arrest is not mandatory)
-Searching the suspect's backpack
-Arresting on the misdemeanor + what was found in backpack
-Charges on the felony stuff in the backpack get dismissed because officers can't show they would've inevitably discovered the backpack's contents because the arrest on the misdemeanor wasn't mandatory
It's only a search incident to arrest if there's a valid arrest first. If detaining Mangione on suspicion of a fake ID wasn't a mandatory arrest type of offense and he was only detained and not arrested, then it's possible they searched the bag too early.
RoyGBivensAction
Zensunni Scientologist
1mo ago
A law professor helpfully compiled all the times that Scalia was a big meany and rude to people in his dissents. (She looks exactly as you might expect). She only includes excerpts of those dissents, but if any catch your eye, it'd be worth tracking down the full thing to read.
Although specifically witty ones might be harder to pin down versus sarcastic ones. His dissents in culture war cases tend to be the latter.
RoyGBivensAction
Zensunni Scientologist
1mo ago
This may be the first time I've actually laughed out loud at the contents of a legal opinion.
Scalia's dissents are full of stuff like this. There's a reason he's super popular with law students--he's a delight to read, especially when compared to the dreck other judges produce. The biggest problem with Scalia's writing is that it inspires too many judges to try to write like him when they have 1/100th of his talent.
It's the Drake meme.
upper panel: screwing around on their wives
lower panel: screwing the market and causing a global recession
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