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Comment Re:here's a real-life case to explain criminal int (Score 1) 209

Ignorance of the LAW generally isn't an excuse, but mistake of FACT IS an excuse.

Unfortunately, though, we now have far too many laws, including contradictory laws. Even if somebody had their own legal library, every year some things change. A hypothetical typical, reasonable citizen could not possibly know them all, much less be reasonably expected to. They wouldn't have time to do anything else.

So here's my question: since our common law system is supposed to be based on the reasonable man principle, and it is provably not reasonable to expect the average citizen to know most laws, much less all, how could ignorance of the law NOT be a valid excuse?

Comment Re: Why wouldn't it be? (Score 2) 209

I don't think anyone has yet fought this one in the courts, so it may not stand up to judicial scrutiny, but it is most definitely used as the "stick" to convince someone to accept a plea bargain.

Have you been living under a rock the last 5 years?

Yes, prosecutors have tried to use the TOS thing as an excuse to prosecute. But that is being actively fought by EFF, EPIC, and a whole alphabet soup of other organizations acting as amici to the courts, and with actual legal defense as well.

It is pretty clear that Congress never meant the law to apply to situations like Aaron Swartz, for example. Government prosecutors have been fighting actually getting that one to court though because they know they'll lose, and they want to retain the ability to threaten people with it.

Comment Re:Not seeing the issue here (Score 1) 209

Also, and undercover cop can smoke a bowl with you and still arrest your ass for having/selling/using.

No.

Police are not allowed to break the law in order to enforce the law.

I'm not saying they never do it, but if they do, they're just as much criminals as anyone else. There is no law or principle that gives police a pass for breaking laws.

Comment Re:Not seeing the issue here (Score 1) 209

Cops should NEVER be allowed to lie outside of specific, warrant backed undercover operations. I will never understand when it became ok for those charged with enforcing the law to lie without shame.

Lying, by itself, is not a crime. So why should they not be able to lie?

Generally speaking, they may not commit a crime in their pursuit to solve or prevent crimes. Police don't have diplomatic immunity. Again generally speaking, the same laws that apply to you also apply to them too.

What they are NOT allowed to do is commit crimes. They might be able to lie, but not commit fraud or "entrap", which basically means to talk or fool someone into doing something illegal they would not normally do.

In one state I know of, the police were trying to have it both ways. They claimed they were "always on duty", even though of course they were only being paid for 8-hour shifts. They wanted to be able to do whatever they wanted when not on shift, yet still carry their guns and make arrests, and act like police, any time of the day or night, whenever they wanted.

The State said no, if they were "always on duty" they'd have to be job-insured 24 hours a day, and get "on-call" pay in addition to their regular wages. Since the State wasn't about to do that, it declared officially that police were only "really" police when they were on their paid shift. Any other time, they can only make citizen's arrests, just like everybody else. Also, as a result, the few exemptions the police got for firearms carry are only in effect when they're on paid duty. All firearms laws in the state apply to off-duty police in exactly the same way they do to everyone else. The police really howled about that one.

Prior to the State "cleaning house", the police were also busting prostitutes by paying them and having sex with them, then arresting them and taking the money back. The state said "no way". No more hands-on for the police. They howled about that one too.

Comment Re:Study financed by (Score 1) 285

The article is written as if the yellow-timing issue was something the newspaper had previously caught the city on,

No, it isn't. It says

allowing the tickets even when cameras showed a yellow light time just under the three-second federal minimum standard. That shift earlier this year snared 77,000 more drivers

[emphasis added]

It is very clear that the cameras showed yellow lights under 3 seconds, this year.

Comment Re:Study financed by (Score 1) 285

But they did not mention the severity of the injuries. T-bone crashes (which were reduced) are likely to result in more severe injuries than rear-end collisions (which were increased).

This is "it stands to reason" logic, not empirical evidence. Other studies have concluded that the number of injury accidents and ALSO their average severity increased at camera intersections.

Comment Re:But...but...but...she has a VAGINA!! (Score 1) 222

The value of Google passed the value of Russia (remember, these are just the publically traded companies - in the US that about half our economy, dunno for Russia). Russia has almost nothing going for it beyond oil, and the Saudis are using oil prices to fuck Iran sideways right now. The current governmental structure of both Russia and Iran are likely to collapse (Putin is pretty savvy - he may emerge as El Presidente for Life without the pretense of democracy he has now, but chaos one way or another). The ruble is almost certain to collapse, so no one's buying ruble-valued anything, (especially debt) and the risk of public companies in Russia getting either nationalized or simply destroyed by unrest is real.

Comment Re:Sure... (Score 1) 343

Well, let me know when we actually get to the weather-predicting stage. I look forward to that. But I think we'll get fusion first, and maybe spelling and calendar reform.

or we can act on the best information we have right now with a degree of tentativity reasonable for any such endeavor

Oh ho! A moderate. Are you sure you're on the right site? Surely you meant to say "global warming is a hoax!" or "repent your sins of carbon emission, no economic sacrifice is too great!"

Comment Re:Sure... (Score 1) 343

With respect, the phlogiston theory worked apart from the oxidation of iron. Noticing this shortcoming was one of the things that led to the discovery of oxygen.

Exactly. And aether made a lot of sense. And Freud had to start somewhere. None of that was bad science, that's just what early science looks like. We've just since the late 90s had the technology to seriously contemplate climate modeling, and only really in the past 5-8 years has the vast parallelism needed to do it well been available from more than a couple of research computers.

Again, just as it's a mistake to call it "pseudoscience", it's a mistake to believe than any of these early models in the first generation of a new science are particularly worthwhile. Certainly Climate Science is a field that needs more funding and research for decades to come. But just as certainly, it's not a fucking unfallible font of religious truth, and people who act as if it is are as annoying as the SJWs.

Comment Re:Sure... (Score 3, Insightful) 343

Look at the historical data.

It should jump out at you that the past 10k years of relative climate stability is an anomaly, and that rapid (on geological scales) swings in temperature and CO2 are the norm. That whole system is not well understood, though I believe solar variation is the leading hypothesis right now. On a scale beyond a century, there's just no reason to expect climate stability in the first place.

On a decade by decade scale, there's no evidence of warming in the 17 years of reliable satellite temperature data. The null hypothesis - that average temperatures aren't changing - has actually been the best predictor of climate data since the late 90s, odd as that may sound.

The simple fact is: the atmosphere and oceans are chaotic systems, with a variety of positive and negative feedback loops, quite difficult to model, and you can't talk about climate change in a scientific way without doing so. There are no obvious conclusions to draw, as the system we live in is simply too complex for hand-wavy, back-of-the-envelope calculations to be interesting. We may simply lack the technology today to do this science properly. That's not a reason to stop - we built the LHC, proof we can do some fucking impressive technological advancement to achieve a scientific goal. But it is a reason to avoid arrogance.

Climate science is at the phlogiston / aether / Freud stage right now. That's fine, every science must start that way, and the scientific method works given time. But for goodness sake the lay believers are very much like a religion right now, complete with a list of sins and a Hell to roast in, and that's taking it too far!

Comment Re:Sure... (Score 3, Informative) 343

It's easy to be self-righteous. I used to see it all the time from member of the Christian religion- most of whom weren't really that familiar with scripture. It's no more appealing seeing the same attitude from members of the new Global Warming religion, most of whom aren't really that familiar with the science.

Climate models may one day mature to something beyond the basket of hypotheses they are now, but none of them have yet been successful in predicting climate data, except where the null hypothesis also predicted that data. The science doesn't justify your arrogance. I wouldn't call it "pseudoscientific", but it's far from certain as well, and the actual predictive models (as opposed to hand-wavey claims) aren't yet well supported by actual data.

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