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Culture War Roundup for the week of October 17, 2022

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Back in August 20 people were arrested in Florida as part of a sting operation on "voter fraud" heavily publicized by Gov. DeSantis. Each person had a felony conviction and voted, but I wrote about how each person was specifically told by election authorities that they were legally able to vote. The confusion stems from how felony voter right restoration was implemented in Florida, where the state insisted that everyone had to pay all outstanding fines while at the same time admitting it had no way of keeping track of all these fines.

A small update since then is that bodyworn video footage of the arrests has been released. The language in an arrest warrant issued by a court usually says something along the lines of "To every peace officer of blah blah, you are commanded to..." which means the decision to arrest is not discretionary. I've watched thousands of arrest videos by now and while the modal arrest is far less eventful that what the typical viral incident would have you believe, it's still an event that is inherently antagonistic. After all, the cop is placing handcuffs on you and taking you to jail, with serious retribution if you impede the process in any way.

I have never seen cops anywhere near as apologetic about an arrest as in the videos just released from Florida. They caught these people unaware outside of their homes, and as they explain the arrest warrant they pepper every sentence with "sir" and "m'am". When they explain that they're about to be handcuffed, they use "unfortunately" as a prefix. Thanks to qualified immunity along with the general deference courts give law enforcement, each cop would have had the legal authority to leg sweep each person and slam them to the ground if they displayed anything that could remotely be construed as resistance. Instead they take the time to calmly explain the process, including when they would likely be released, in a bid to secure as much of their cooperation as possible through what is understandably a distressing event for any person to go through. They're treated with astounding compassion. The people arrested start talking (of course they do), with one explaining how he was told he could legally vote, and the cop responds with "there's your defense". I've never seen a cop highlight legal defenses to the person they just arrested.

DeSantis is a Yale/Harvard educated former federal prosecutor. I would assume based on his background that he's not an idiot, and that he knows how criminal prosecutions work. If I keep my cynic hat on, DeSantis chose to make a big show of these arrests entirely as a means to appease the portion of the electorate that still believes the 2020 election was stolen and remains angry no one has gotten punished. But even so, what exactly was the follow-up supposed to be? Whatever charges one would levy against these people would require that you prove beyond a reasonable doubt that they knew they weren't allowed to vote but voted anyway, and how would any prosecutor counter the fact that election authorities approved their registration? What this does also just brings more attention to the confusing labyrinthian mess around court fines the state of Florida intentionally created as a hurdle for felons pursuing voter right restoration.

If the cops conducting the arrest are expressing this much skepticism about the charges, you can surmise how a random jury pool would react. These charges were patently frivolous from the very start but setting that aside they don't even make sense from the political grandstanding perspective. Bewildering.

These charges were patently frivolous from the very start but setting that aside they don't even make sense from the political grandstanding perspective. Bewildering.

Think on the meta level just a bit. As in, not about whether these twenty people themselves were or were not intentionally trying to commit a crime, and catching them is proof of anything.

From a pure signalling standpoint, if you want to prevent people from knowingly casting illegal votes and demonstrate that you are capable of enforcing this rule (i.e. detecting illegal votes), then yes, you have to arrest people who do cast illegal votes, even if they possess a defense for the action.

Especially since "I was told it was legal to cast my vote" is such an easy defense to invoke and hard to disprove otherwise. You show that you will STILL investigate such situations and try to verify the defense as valid.

Do you think that this action will, on the margins, increase or decrease the chances of someone attempting actual voter fraud in the 2022 elections in Florida?

Or would the effect be entirely minimal and worth disregarding?

Imagine if a democrat arrested 20 republicans for possessing an illegal firearm because they misunderstood an ATF statute and the ATF webpage said that particular modification / accessory was legal. And when Rs got mad about it, a democrat said "think on the meta level - from a pure signaling standpoint - if we want to prevent people from knowingly committing gun crimes, we have to arrest people who commit gun crimes, even if they possess a defense.".

This argument doesn't make sense, at all. If voter fraud is a real and massive issue, surely they can find at least 4 people who really did it and arrest them? Er, except it does actually happen, and people are convicted for it! wikipedia shows many convictions. So ... how does this make any sense?

Imagine if a democrat arrested 20 republicans for possessing an illegal firearm because they misunderstood an ATF statute and the ATF webpage said that particular modification / accessory was legal. And when Rs got mad about it, a democrat said "think on the meta level - from a pure signaling standpoint - if we want to prevent people from knowingly committing gun crimes, we have to arrest people who commit gun crimes, even if they possess a defense.".

This argument makes complete sense to me. Otherwise, you get exactly the implication that people will start intentionally violating gun laws because they know that "I thought it was allowed" is a valid legal defense.

there is a difference between committing a crime and not knowing it was allowed, and doing something that atf.gov / the judge said was allowed and then getting arrested

more broadly, arresting people who did the above is not a useful way of enforcing against voter fraud / gun whatever