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Culture War Roundup for the week of May 1, 2023

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Saying that society should recognize that these people are garbage and not give a damn about them is a position that can only be taken if one is very selective about whom this categorization refers to, and this selectivity is why activists protest and call opinions such as yours inherently racist, or classist, or whatever. When Mr. Penny decided to put Mr. Neely in a chokehold, his information was limited to what he could tell from the approximately 30 seconds or whatever it was that Penny observed him in public. He didn't have a copy of the guy's criminal record to know that he was a general homeless scofflaw who had been arrested 42 times previously, mostly for turnstile jumping and public drunkenness but at least four times for assault. All he knew was that the guy was ranting and raving about being hungry and not caring if he went to jail and that this behavior made some (most?) people around him uncomfortable so he decided to do something about it, or, more accurately, assist in a group effort to do something about it.

Giving him a free pass on this seems reasonable enough, but only because we have the additional context that this was a black, homeless, schizo, ne'er do well. Suppose, on the other hand, a white, middle-class, student at a prestigious university (possibly your son) got drunk and started making a scene on public transit. A group of black passengers were made uncomfortable by his behavior and the young man died after on of these passengers put him in a choke hold. When I was in my early 20s being drunk, loud, and obnoxious on public transit was a regular occurrence, as we could go to the club in the city on 50 cent drink night without having to drive or park. Just a few years ago a friend of mine went into a similar rant about Taco Bell on the train back to the hotel after the 2018 ACC Championship Game in Charlotte. And if the counterargument is that Neely was obviously a dangerous hobo then that just confirms the suspicions of all the social justice do-gooders that you expect the rules to be different for certain people, and we're supposed to expect people to be able to tell the difference based on the way a guy's dressed or whether we think he's mentally ill or homeless or, mast damningly, whether he's white.

I remember a similar storyline back when black guys getting shot by cops was in the news more often, and most of the conservatives I know kept pointing out that one has an obligation to obey when a police officer tells you to do something. As a guy in his '30s this seemed reasonable, until I looked back at my own life and realized that by these people's standards I'd have been dead a long time ago. Yes, I agree generally with the argument that if a police officer decides to arrest you then what happens afterward happens on his terms, not yours, and if you have a problem with that you can bring it up in court. On the other hand, any teenager who is told to stop by police is going to start running. I wasn't a bad kid by a long-shot—I only got two write-ups in four years of high school, and one was for a class cut—but I still liked to occasionally indulge in the kind of mischief kids indulge in, like drinking in woods of indeterminate ownership or stealing pumpkins from farm fields and shit like that, and this would sometimes end with a fat, black cop chasing a bunch of spry kids through fields and woods. I once got away because I crawled under a fence that the guy couldn't fit under. If we took these statements about a duty of compliance to their logical conclusion, the officer had every right to shoot me. After all, I had clearly committed a crime, ignored his orders and fled. And it was clear that he wasn't going to catch me unless he could stop me from a distance. And this was for the same type of "quality of life" shit a lot of law and order types are complaining about. How would you like it if property you paid for was being used without permission by people on quads and dirt bikes during the day, cutting trails you don't want, contributing to erosion, and scaring away huntable animals, and then at night the same kids would come back and build fires and leve beer cans and fast food wrappers everywhere? People in rural areas have gotten in trouble for putting up tripwires and spike strips and other kinds of booby traps to keep people from trespassing, and while there's some pushback it's understandable that parents get pissed when criminal trespass results in serious premeditated injury. If we develop standards they have to apply to everybody, and few people realize what the implications of this would be.

When Mr. Penny decided to put Mr. Neely in a chokehold, his information was limited to what he could tell from the approximately 30 seconds or whatever it was that Penny observed him in public. He didn't have a copy of the guy's criminal record to know that he was a general homeless scofflaw who had been arrested 42 times previously, mostly for turnstile jumping and public drunkenness but at least four times for assault.

Do you think most people would be capable of using that 30 seconds of observation to arrive at an educated guess regarding Mr. Neeley's criminal history that would line up fairly accurately with his actual criminal history? If so, are they morally obligated to register that prediction as purely prejudicial and push it to the back of their mind, internally insisting to themselves that it has no predictive value?

Even if it has predictive value I don't see what the point is. Either people causing disruptions that make the general public do so at their own risk of consequences up to and including death if anyone feels the least bit threatened or they don't. Even if someone can make an accurate predication about another person's criminal and mental health history we have to establish criteria under which he can operate. Do we really want to go down the road of defining how many arrests it takes before someone is legally considered scum and forfeits basic civil rights most of us enjoy? And what happens if someone's wrong? If Neely was really just a normal dude dealing with some personal problems that expressed themselves in an unfortunate way, do we then bring the hammer down on Penny for wrongfully assuming he was some homeless wino? If not, then do we just give everyone the benefit of the doubt and lose the distinction entirely? When dealing with matters involving human life I don't know if this is a road we want to go down.

Do we really want to go down the road of defining how many arrests it takes before someone is legally considered scum and forfeits basic civil rights most of us enjoy?

YES. Is this actually supposed to be a difficult question?

I don't think you've really thought about it if you consider such a question to be obvious.

Alright, look, my totally-serious well-considered answer is something like this: every civilization in history, before the last century or so, had an understanding that there are irredeemably useless and/or dangerous people, and found a way to dispose of them. I am not suggesting that every society in history has employed an optimal and reasonable solution to the existence of these people, nor am I suggesting that all imaginable future societies will take approaches that I would consider acceptable.

The hypothetical dystopian panopticon that arrests or punished normal citizens hundreds of times a month for utterly innocuous behavior is not a society I’d want to live in. But we have to ask ourselves: how likely is such a nightmare scenario to become reality? Isn’t it much more likely that a future society will find a middle ground somewhere in between the maximally-tolerant legal regime advocated by today’s progressive elite on the one hand, and the maximally-draconian fever dream which you may imagine the hard-right is capable of implementing?

Surely the answer to “how many arrests does it take before we declare somebody scum and he loses his basically civil rights” has some answer that you would consider reasonable? If there were a guy who’d been arrested 4,000 times, and all of them were for things you and I would both agree are antisocial and destructive, that’s someone that it’s necessary to do something about… right?

Every society had such people and was confronted with such problems. Some of them were ruled by such people and it lead to their collapse. Great Britain exiled a bunch of them to Australia and Appalachia, or just executed them. Notably its crime rate remained pretty high by modern standards, because crime is more complicated than "just kill the bad people."

But we have to ask ourselves: how likely is such a nightmare scenario to become reality?

I can't put a number on that with any confidence, just like you can't put a number on your nightmare scenario. I can at least say for sure that multiple powerful countries have turned into that society in the past 100 years, they've committed (and continue to commit) terrible atrocities. I can also say that worries about overbearing government aren't totally one-sided: There's plenty of right-coded worry about tyrannical and controlling governments (just look at of the discourse around covid, masks, and vaccines, or more recently 15 minute cities).

“how many arrests does it take before we declare somebody scum and he loses his basically civil rights” has some answer that you would consider reasonable?

No number of arrests means that someone should lose all their civil rights. For one, as soon as you establish such a number, I think you immediately try to argue it down to be "1" or to "well they did something that isn't actually violent but is vaguely antisocial" because that's what is actually required for you to be satisfied. But also, why is one person being arrested 4,000 times? If it's because there's not actually any evidence they've committed a crime, then that sounds like the police are either incompetent or harassing the guy. If it's because he is convicted and then gets released, then that shouldn't be the case, but putting a convicted criminal in prison for longer does not require revoking civil rights.

Obviously it sucks to be victimized on the street with nothing you can do about it. It also sucks to be tackled and arrested by a power-mad cop with nothing you can do about it, or attacked on the street by a vigilante who got you confused for someone else. I's not like your (honestly, insane) idea of "execute them all" is a solution anyway, because if you could implement it you could more easily implement actually reasonable reforms.

but putting a convicted criminal in prison for longer does not require revoking civil rights.

I'm fairly certain it does, unless your entire conception of civil rights is purely procedural.

I think this is just a semantic quibble. The way the phrase "civil rights" is generally used is consistent with what I wrote. Obviously putting someone in prison requires restricting their rights at that point, but we can still respect the rights against unwarranted search and seizure, right to jury trial, right not to self-incriminate, etc.