More on jury nullification

Here is more wisdom from King of Soup regarding the folly of jury nullification. I like the way this guy thinks.

Jury nullification may be a form of civil disobedience. But I think it's almost always the wrong one.

Consider: the purpose of civil disobedience is to remove in the public mind the justification for a law by showing that ordinary decent people will violate it, not for personal gain or satisfaction, but simply because it is an unjust law. As WhyNot pointed out, the only moral force it has comes from the willing acceptance of punishment for the transgression -- a reassurance that they believe in the rule of law, and a testament to the seriousness of their intent. It's about forcing abuse of authority into the open by making it apply, publicly, to "people like us," no matter which "us" is yours.

Jury nullification, on the other hand, is an expression of contempt not for any unjust law, but for the rule of law itself. The only thing broken is the faith that a jury can be trusted to find, without fear nor favor, according to the facts and the letter of the law. However much one deplores a particular law or loves a particular defendant or hates the way a prosecutor wears her hair, this faith is not the part of the system that needs to be undermined. In fact, it's the part that needs to be preserved, at all costs, if you care about a free society.

Here's a guy who broke the law in furtherance of his own personal satisfaction, if not profit. Jury nullification in his case would not be a repudiation of the law, just of the idea that we're all equal under it, and it would decrease the chances that the law will ever be changed. The pleading on his behalf is hypocritical and shameful.

Arguing against jury nullification

Jury nullification is the process in which the jury in a criminal case effectively nullifies a law by acquitting a defendant regardless of the weight of evidence against him or her. It's what jurors sometimes do when they disagree with a law. For example, if they disagree with anti-drug laws, they may decide to acquit a defendant who's charge with possession of cocaine, even when the evidence is overwhelmingly against that person.

Some people applaud this as a way to stand up for what they consider to be right. Personally, I think it's misguided.

For one thing, jurors often don't have the background or training necessary to understand why certain laws are in place. Now, I'm not saying that there are no dumb laws out there. There certainly are. However, it's all to easy for a juror to dismiss a law as being dumb without understanding its rationale.

Additionally, I'm also concerned that jurors will effectively nullify a law, not because it's unjust, but because of emotional appeals or self-interest. Again, consider the anti-drug laws. One could "protest" these laws through jury nullification out of some principled argument. However, I'd wager that such protests typically occur due to sheer distaste toward the laws rather than out of principled objections.

Finally, is this really an effective way to protest? I think not; quite the contrary; it undermines the entire legal system. I like the way a fella by the name of "King of Soup" put it on one discussion board. In a thread on a marijuana possession case, he said,

Actually, I was thinking of this case as an almost perfect argument against jury nullification, especially if you think the law is unjust. People will not act to change unwise or unjust laws that are enforced only or mostly against others whom they don't know. Letting all the "right kind" of people off the hook doesn't make for a just outcome, it makes everything worse, because now you're applying the same bad law selectively, piling discrimination on top of everything else.

I'll say more about that later.

Dwelling on the positive

I was going to post something about how my jerkish cousins used to torment my brother and me when we were kids... and how the adults in our extended family pretty much stood by and did nothing. I also wanted to talk about how some of the adults would poke fun at us, make up stories, and otherwise act in an inconsiderate manner.

Yeah, I don't consider my childhood to be particularly happy.

I decided against discussing this at length, though. I want to dwell on the positive right now and avoid thinking too much about past hurts.

BTW, please don't get me wrong. I realize that in many ways, I was fortunate as a child. My family was intact, for one thing, and we weren't living in abject poverty. I do have a lot of unpleasant memories though, and there's a lot of hurt bubbling underneath. I'm just choosing not to dwell on such matters right now. I think that's just prudent.

Tony Orlando and Dawn

I picked up a deeply discounted DVD set of old "Tony Orlando and Dawn" variety show episodes at Best Buy. I had faint memories of the early episodes from my childhood, and so I decided to check it out.

Boy, those people are talented! They had a lot more hits than I realized, and they were darned good all-around performers. Okay, dancing wasn't part of their retinue, but they were excellent vocalists and they were great at hosting a show. They also had real comedic chops, and Tony was great at interacting with the audience.

Yeah, that was quality stuff.

Birds of Prey

I decided to borrow the Birds of Prey DVD series from Netflix. I heard that a lot of geeks liked it, so I decided to see what the buzz was all about.

I've only caught the pilot so far, plus a bit of the next episode. So far, I don't see what the big deal is. Don't get me wrong; it's okay, and the concept is certainly interesting. It just doesn't grab me, though.

Yeah, yeah. I know. I know that I need to give it more time.

Perhaps part of my problems is that two of the main characters have these superpowers. I think it kinda violates the original Birds of Prey comic book concept, and in my judgment, it makes the whole premise less interesting. That's just my view, though.

I'm feeling very irritable lately

I hate this. I feel like I've really been on edge as of late. Little things that shouldn't annoy me too much have been making me grit my teeth and (privately) yell out in irritation.

I've got way too much stress in my life. Too many urgent projects, too many annoying people, too little chance for diversion. Even some of the diversions that I am pursuing, such as some dance lessons, have a way of adding to the stress in their own way. Ugh.

I have got to unlax a little bit. Gotta kick back. I think I'll try to do that this weekend.

Blogger responds so slowly

Darn it. Blogger has been really sluggish today. I've had problems with its sluggishness in times past, but it appears to be particularly bad right now.

I clicked on the "new post" button, and what happened? Nothing. At least, not for about 20 seconds or so. I found myself clicking and clicking, over and over. It was darned irritating.

To make matters worse, my post was junked. Blogger gave me some bogus message about how more that one browser was editing the post. This was a serious bug, obviously. Darn it.

By itself, this shouldn't be a huge aggravation. I have a lot of stress in my life right now though, so it's darned annoying.

Have to rant against Windows yet again

Okay, I know that I've talked about this repeated, but... I HATE MICROSOFT WINDOWS!!!! I especially hate Vista.

It is SO infuriating to start Windows up and have to wait a minute or so before you can start up Outlook or some other vital program. This isn't just a matter of having an older computer, mind you. The problem exists even on newer models.

And heck, even when you do start a program up, you might see it freezing repeatedly before it can do anything useful. I hate having to start Outlook, starting to compose a message, and then finding that the software keeps freezing while you're in the middle of typing a word.

And why does this happen? Because Windows is bloatware. It contains so much gee-whiz fluff that vital performance is slowed down dramatically. And why? Because Windows designers put way too much performance on kewlness, that's why.

Darn it.

My right ankle hurts

My right ankle hurts a little today. I sprained it many years ago, back in my high school days. Ever since then, I've never had complete flexibility in this joint.

I think this also makes it difficult for me to maintain my balance during stretching exercise and certain kickboxing moves. I wish things were different, as I'd really like to get better at this sort of thing. Darn it.

So what's the deal? Did the ligaments somehow grow too bulky?

More on electrical work

I have some more electrical work that needs to get done around the house. In particular, I need to get some additional electrical outlets installed in my three second-floor bedrooms. Unfortunately, this friend of mine says that this will take about five to six days to complete.

Ouch. I really don't like the idea of having to pay for that kind of labor. I wish that the previous owner had done a better job of maintaining the place. He was a realtor, for pity's sake, yet he displayed an appalling lack of foresight when it came to basic home maintenance. For pity's sake, he didn't even bother to get gutters installed on the garage, even though this would not have cost much. Nor did he get a cap installed on the chimney. Both of these were low-cost projects that could have vastly improved the property.

No foresight whatsoever.

What a bizarre interpretation

I swear that some people have abominable reading comprehension skills.

On one discussion board, I complained about people posting their disguised e-mail addresses on singles sites. They do this in an attempt to circumvent the system by avoiding having to pay a membership fee. I felt that this was wrong, and I said so.

One guy responded by saying, "Are you suggesting that we should all post our e-mail addresses publicly for all the world to see? That's not safe!" How in the world did he arrive at that bizarre interpretation?

That's the problem with people who post without exercising some basic reading comprehension skills. I hate to condescend, but really... it's appalling.

Electrical work

I just got an electrician friend of mine to take a look at the electrical wiring in my basement. The previous owner did a lot of "do-it-yourself" work, and he did a sloppy job. That's what happens when you have homeowners who decide to save a few bucks by doing things themselves. It's fine when they know what they're doing, but some of them simply don't.

This friend of mine is cutting me a deal, doing the work for me at an affordable price. In return, I'm giving him some tax-free income. Believe me, I'm thankful.

Hating Microsoft Windows

Have I talked about how badly designed Microsoft Windows is lately?

It stinks. It has all the earmarks of an OS wherein the designers decided to introduce all sorts of kewl features with insufficient regard for how these would impact performance. After all, why bother? What really matters is that the software should be kewl, right?

Consider this. It is common for Windows Explorer to freeze up for several seconds -- or even a minute or two -- when you open it up. Why? Apparently because it feels that it must navigate through its directory structure and see what's there. Why? Just open up whichever folder the user wants to see and ignore the rest, darnit! Don't look them up unless it's necessary!

Ah, but maybe some user would like to see a preview of whatever photos exist somewhere in the directory tree. Fine. That's a legitimate concern... but darnit, don't bother digesting and thumbnailing the photos unless it's necessary! In other words, wait until he actually chooses to look at the folder. That's just common sense.

Hercules

I've been watching DVDS of the old Hercules: The Legendary Journeys show. Boy that show was clever. Xena, Warrior Princess was also very good, and it had better acting; however, I think that Hercules was just more enjoyable.

I love the humor and the plot twists. The stories sometimes strained one's suspension of disbelief, but it was generally just good fun.

I passed on that opportunity

Five years ago, a guy named Jas tried to recruit me to his company. He knew that I needed a job, and he wanted to farm me out to this semiconductor automation company for a certain project. He assured me that they would find additional projects for me afterwards, but didn't provide any specifics.

When I asked him about the company's finances, he said, "Under my leadership, we always turn a profit." However, he offered me a salary that was about half of the going rate, which made me doubt that he was telling the truth. As a former supervisor said when I related this story, the figure he gave was an insult. Even during the economic slowdown, it was still a pathetically low figure. He sure sounded like he was lying, and not for the first time.

The worst part? He even asked me to lie to this other company about my employment status. I was on H-1B status, and it would have taken a few days to file the work authorizatio for me to work for his company. Without any hesitation though, he told me to tell this other company that I was already working for him. He was a very dishonest man, and he obviously expected that I would approve.

I don't regret turning his job offer down. It's a safe bet that when the project was over, I would have been out of work. He obviously wanted to hire me just so that he could land this project, and once it was over, I would have been out on the street. Oh, he told me that there'd be work for me afterwards, but why should I have trusted him to be honest with me? After all, he had no compunctions about telling me to lie on his behalf.

After I turned him down, he mentioned that he had another person to take my place. I know that he was still lying though, since I saw that he had reposted his job advertisement on the web. Jas, you were a liar.

War. Huh.

What is it good for?


An appeaser is one who feeds a crocodile hoping it will eat him last.
-- Winston Churchill

“You may gain temporary appeasement by a policy of concession to violence, but you do not gain lasting peace that way.”
-- Anthony Eden

Want to trim down

I would like to do heavy cardio work for an hour every day. I'd like to do whatever it takes to shed eight pounds over the next month. Unfortunately, that's not a very realistic goal if I also want to focus on getting work done.

And frankly, the last few pounds are the hardest. It's a cliche, but it's still true.

Smoker's often have an easier time, but I'm not going to do that. Nor do I want to neglect my work for the sake of putting in more gym time.

I wish that I didn't have to work on my yard and my driveway. That just makes it all the more difficult. Sadly, that doesn't amount to a lot of cardio work.

What if you're overqualified?

The following has been excerpted from an article titled Fighting the Overqualified Label by Randal S Hansen, Ph.D.:

As you develop your strategy, here are 10 specific tactics to consider:

1. Let your network speak for you. Nothing you could say about yourself is stronger than a recommendation from someone who knows you and can recommend you. The ideal scenario is for you to use your network to find someone within the organization and let that person make the first pitch for you.
   
2. Focus more on skills and accomplishments than job titles. Use the employerʼs own words -- from the job description -- to show how your skills match perfectly while at the same time downplaying skills not required for this job.
   
3. Take salary off the table. Make it clear from the beginning that you are completely flexible about salary -- and that your previous salary is of no relevance to your current job-search.
   
4. Reveal financial advantages of hiring you. If you suspect salary will be a concern, use specific examples from your past experiences to show how you increased revenue generation and/or cut costs/realized increased savings.
   
5. Emphasize teamwork and personality. Demonstrate that you are a team player -- that the success of the team is more important than any of the individual team members.
   
6. Showcase current or cutting-edge knowledge. Discuss recent training or skill-building that shows that you adaptable and up-to-date -- not stuck in the ways of old.
   
7. Demonstrate loyalty. One method to attempt to overcome the fear that you will leave as soon as a better offers comes along is to point to your longevity with previous employers.
   
8. Do what it takes to get the interview. Be prepared to deal with the overqualified issue when you call to follow-up your application -- and sell the hiring manager on at least giving you a "meeting" if not an interview so that you can make your case in person.
   
9. Everything in moderation. You should illustrate how you are the perfect candidate for the position without overwhelming the hiring manager with your experience -- or your ego. Avoid intimidating a younger hiring manager.
   
10. Express interest, admiration, and enthusiasm. Nothing wins over a hiring manager more than a positive attitude and a passion for the job -- and the employer.
    

Copyrights

A lot of people still think that creative works are only copyrighted when the author files some sort of application. That's a common misconception.

Under the Berne convention, any creative work is automatically copyrighted. In other words, this protection is granted even when the author or artist does not explicitly assert or declare any copyright claim.

Hence, if you were to copy someone's work verbatim, then you would almost certainly be guilty of copyright infringement. If you modify the wording though, then you might not be, depending on the nature of the original work and the nature and extent of the modifications. (Naturally, the less trivial or obvious the original work is, the more extensive the modifications would have to be.) There is also a "fair use" exception, but that can only be used in limited situations.

Unfortunately, there is no formula to determine when a modified work is too close to the original; after all, how would one derive such a formula? In all matters of intellectual property rights (copyright, trademark, and patent infringement), multiple criteria and a measure of subjectivity are involved.

Feeling down

I'm feeling very down this morning. Don't ask me to explain why. I just do.

I woke up at some obscene hour in the morning -- maybe 3:30 am or so. I just could not get back to sleep, perhaps because of feeling down. I tried all sorts of things. I ate a cereal bar, I took a bit of melatonin and a piece of an antihistamine tablet. Only eventually did this help me get back to sleep. (I didn't dare take the entire antihistamine tablet, since I know that sometimes makes me too groggy to wake up.)

I don't want to rely on these pills to help me sleep, since they can disrupt normal sleep patterns. I might have to use them for a while, though.

I think this has something to do with feeling down. That and the fact that my sleep was disrupted during my recent business trip, in which I had to stay awake in an airport for an entire day. Some guys sleep in the airport, but I just can't, and I don't think it's a wise thing to do anyway.