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Crime

Journal Journal: Handling older juveniles accused of serious crimes

Handling older juveniles accused of serious crimes

Most states try to certify older juveniles arrested for serious crimes as adults. "You do an adult crime, you do adult time," as the saying goes.

The human brain's moral centers don't reach full adult maturity until the early or mid-20s. This is reflected in our law and legal history.

Until the Vietnam era, some states would not let you vote until you turned 21. The logic was that young adults were too immature or ill-informed to vote responsibly.

While we now give anyone old enough to serve in the military without his parent's consent the right to vote, we have taken away the right to buy or consume alcohol without parental supervision. We did this because we saw that way too many people under 21 were using alcohol irresponsibly and killing or maiming themselves and others as a result. Prior to the laws being changed, people over 21 drank irresponsibly and killed people at a significantly lower rate than those under 21.

Knowing this, we need to change our court system so those convicted of crimes done before age 18 are at least offered a path to rehabilitation and, once their complete sentence, parole, and a possible short period after parole is complete without any new crimes committed as an adult, the assurance that their records will be sealed.

At least one state has implimented the option of a "determinate sentence" for youth over a certain age but young enough to be tried as a juvenile. Here is how it works:

* The prosecutor decides not to ask for an adult trial OR a judge turns him down
* The youth pleads guilty or is convicted and given either a "determinate sentence" of a stated number of years or decades, an "indeterminate" (traditional) youth sentence which means he gets out by a certain age or sooner, or a non-prison sentence such as home confinement or youth probation.

Assuming he gets a "determinate sentence" and is not yet old enough to be transfered to an adult prison:
* The youth goes to a youth correctional facility with a focus on rehabilitation
* If the youth serves enough time to be paroled before becoming a young adult, he MAY be paroled
* Under some situations, the youth may be paroled or discharged when he becomes a young adult
* If the youth is not paroled or discharged at this time, he is transferred to adult prison
* The now-adult inmate will eventually become eligible for parole if he his not already
* The inmate or parolee eventually serves his stated sentence and parole and is discharged
* The juvenile record is sealed

That last item is key. It's the "you can start your life over now, the mistakes of your immature-brained youth are forgiven" element that any society with a moral compass will have as part of its juvenile justice law.

Crime

Journal Journal: Reforming Criminal Statutes of Limitations: A Phased-In Approach 1

Reforming Statutes of Limitations: A Phased-In Approach

Current statute of limitation laws are "all or nothing."

If the prosecution decides to file charges 1 day before the time limit expires, you can get the full sentence, even if you've been a responsible citizen for years after the crime.

But if they wait one day later, you are off the hook.

This is unfair to the guilty party and to society.

The purposes of statutes of limitations include:
* encourage swift justice, discourage prosecution laziness
* give people who have committed long-ago crimes some certainty that it really is behind them, at least with respect to criminal charges

====
A phased-in approach would be better.
====

Set an initial time period based on the minimum sentence, within a range of 1-10 years. Any charges brought before this time expires would not be affected by statutes of limitations.

Set a maximum time period based on the maximum possible sentence PLUS the initial time period. Any charges brought after this time period could be tried but there would be no prison term.

If charges are filed between these times, the trial and sentencing would be carried out as normal, but the newly-convicted criminal would be given day-for-day credit for time served for each day of delay after the initial period expired. The fact that he would be given such credit could not be used against him during sentencing or parole-eligibility or mandatory-release determination. However, the parole board can decide he hasn't spent enough time behind bars and deny parole up to but not past his mandatory-release date, if any.

====
Some examples:
====

A person committed second-degree murder 12 years before charges were filed. The law says the judge can sentence him from 2 years on the low end to 20 on the high end. The judge sentences him to 15 years. He gets 12-2=10 years of credit, so his effective sentence is only 5 years even though his criminal record will show a 15-year sentence.

A person stole a car 25 years ago. The police found the car with DNA but "John Doe DNA" indictments aren't allowed for property crimes in that state. 25 years later the same guy is arrested on a relatively minor felony. He is convicted and gets 1 year on the new felony. He could get 2-20 on the old car theft charge. He's charged and pleads guilty but no matter what the judge sentences him to, since 25-2=23 is more than the maximum sentence he will not serve any prison time for the car theft. He will, however, have a second criminal conviction on his record. If he later commits a third felony he may face serious prison time under "3-strikes" laws.

====
====
Some special considerations:
====
====

====
Tolling the statute of limitations:
====

Current rules on tolling would not be changed. Most states toll the statute of limitations for:
* Fleeing the jurisdiction
* Legal incapacity of a key witness, such as being a minor or medically unable to testify
* Intimidation or perceived intimidation of a witness, such as if the victim is financially or otherwise dependent on the alleged criminal
* An ongoing criminal enterprise
* Judicially granted extensions for an ongoing investigation
* "John Doe" indictments against the person matching a DNA sample, photograph, or other evidence that is presumed unique to the alleged criminal
* Any pending charge, once an indictment or equivalent is made

====
Reduction of charges by the prosecutor:
====

The prosecutor would be allowed offer reduced charges before conviction while allowing an effective sentence up to the same as if the original charges were filed (but no more than the maximum actual sentence on the reduced charge). Take the murder case above: The prosecution could offer a plea of manslaughter, which carries a 2-10 year sentence, on the condition that the person accept a 10 year sentence but serve the same 5-year effective sentence he would serve on the more serious charge. If it was to his advantage, the newly-convicted murderer could ask the parole board to treat him as if he had served 75% of a 20-year sentence.

To prevent abuse by prosecutorial bullying, if the effective sentence on the lesser charge under this rule is more than the effective sentence if the lesser charge had been the original charge, the actual plea would be the legal equivalent of pleading guilty or no contest to both charges with a judge acting on the prosecutor's motion to dismiss the higher charge. Since all pleas are under oath, a prosecutor encouraging a false plea is suborning perjury.

====
Reduction in charges by routine clemency:
====

A modified version of this would reduce the charge to match the maximum effective sentence, or to some "minimal" charge if the maximum effective sentence was zero as in the car-theft example above.

For example, if routine clemency were offered, the murderer would still be stuck with his original charge since 5 years is within the sentencing range for his crime. But the car theif would have his charged administratively reduced to the highest felony theft charge that allowed probation of 1 day or less, or to a special charge created by lawmakers for this purpose.

====
Effective dates of discharge and release when considering post-release and post-discharge conditions:
====

The date of discharge is no later than what the date of discharge would have been if the person had started serving the maximum sentence on the day the initial time period expired, plus extensions for tolls of the statute of limitations.

For example, if a person committed 2nd degree murder in 1970 and could have received 2-20 years, any conviction today will be considered to have been discharged in 1992.

If there are any post-discharge conditions or legal disabilities that are based on time, he will be given credit for all time since 1992 towards fulfilling these conditions and towards the eventual expiration of these legal disabilities.

====
Ultimate expiration of the statute of limitations
====

Allow only a specific period of time, such as 5 years for felonies or 1 year for misdemeanors - after the time where all legally-imposed time-based post-discharge penalties will have expired to file charges.

This allows prosecutors a short additional window to gain a "symbolic" conviction or to brand someone a criminal years or decades after a crime, while giving society a "date certain" beyond which they won't have to interrupt their lives to face possibly-false allegations of long-ago alleged crimes in criminal court.

====
Effect on fines
====

This plan is not designed to change the fine schedule.

====
The bottom line: The practical effect
====

Some example crimes and the effect of this change on them:

Petty crimes: Maximum sentence of 1 year or less:
1 year to bring charges to get the full maximum sentence.
2 years and a day to bring charges at all.
Latest discharge date after back-dating applied: 2 years after crime committed.

Higher-jail-time crimes: Minimum sentence 1 year or less, maximum sentence 2 years, no post-discharge conditions
1 year to bring charges to get the full maximum sentence.
3 years and a day to bring charges to get any jail time.
This is also the latest release date and the latest discharge date if the discharge date is back-dated.
4 years and a day to bring charges at all.

Low-prison-time crimes: Minimum sentence 2 years, maximum sentence 10 years, 5 years of post-discharge conditions
2 years to bring charges to get full maximum sentence.
12 years to bring charges to get any prison time.
This is also the latest release date and the latest discharge date if the discharge date is back-dated.
17 years to bring charges to get any post-discharge conditions.
22 years to bring charges at all.

Medium-time prison crimes: Minimum sentence 5 years, maximum sentence 40 years, 10 years of post-discharge conditions
5 years to bring charges to get full maximum sentence.
45 years to bring charges to get any prison time.
This is also the latest release date and the latest discharge date if the discharge date is back-dated.
55 years to bring charges to get any post-discharge conditions.
60 years to bring charges at all.

Very serious felonies less than life: Minimum sentence 10 years, maximum sentence 99 years, up to 25 years of post-discharge conditions
10 years to bring charges to get full maximum sentence
109 years to bring charges to get any prison time
This is also the latest release date and the latest discharge date if the discharge date is back-dated.
134 years to get any post-discharge conditions
139 years to bring charges at all

In practical terms:

If the person COULD have received a sentence that would have had him in prison for the rest of his life if he'd been charged by the end of the initial period, there is no statute of limitations.

If the person COULD have received a long sentence that would've had him under post-discharge conditions for the rest of his life if he'd been charged by the end of the initial period, he'll live to see daylight but there is no statue of limitations.

Crime

Journal Journal: Don't write off criminals when it comes to hiring and housing

Don't write off criminals when it comes to hiring and housing

In some states a felony record is a de facto bar from renting decent apartments or getting decent jobs for life.

A more reasonable approach would be to limit how employers and those providing routine services to the public could treat you based on how long it has been since you were in prison, on parole, or on a parole-like supervised release.

Absent special situations such as those listed below, I recommend the following as a STARTING point for how to treat ex-cons when it comes to housing and employment:

Anyone on probation or parole: Positive, neutral, or negative recommendaiton from probation or parole officer should override time-since-discharge.

Anyone who has made himself accountable to another person or group in a legally-binding way that is accredited by the state: Positive, neutral, or negative recommendaiton from probation or parole officer should override time-since-discharge.

Anyone who has made himself accountable to another trustworthy person or group other than above: If the person or group can be trusted, their positive, neutral, or negative recommendaiton from probation or parole officer should override time-since-discharge.

Anyone discharged person not on parole or probation and not under legally-binding accountability who had at least 3 years of such supervision, whose last 3 years showed consistent positive recommendations, and who has had no negative indicators during those 3 years or since: Treat as a positive recommendation.

Anyone discharged person not on parole or probation and not under legally-binding accountability who had at least 3 years of such supervision, whose last 3 years showed consistent positive recommendations, and who has had no negative indicators during those 3 years or since AND who has been discharged from the legal system for 3 years for a misdemeanor or 5 years for a felony: Consider rehabilitated.

Anyone discharged from the legal system for 5 years for a misdemeanor or 10 years for a felony and no negative information during that time: Consider rehabilitated.

Anything in between: Treat it on a case-by-case basis. While summarily denying housing or employment based only on criminal activity may be efficient from the landlord's or employer's point of view, it is very inefficient from society's point of view. Although they may not be able to measure it, the landlord and employer pay "their share" of this inefficiency every time they turn down someone just because of a criminal record. If every landlord and every employer would do "their part" and not automatically disqualify criminals except where required by law, society would be better.

====
Special situations that might require special handling:
====

* Parole and probation officers and others who are known to "grade high" or "grade low" or who are not willing or able to justify their assessments
* Anyone with a recent history of gang involvement
* Anyone with an offense against another person can't demonstrate he is a low risk of hurting people again
* Anyone with a recent history of lack of self control that is likely to lead to criminal acts affecting housing or employment
* Anyone whose specific criminal history legally disqualifies him from a particular job or for promotion opportunities expected to be earned by those holding the job
* Anyone whose specific criminal history legally prevents him from residing in a particular location
* Anyone with a current or only-recently-resolved emotional issues which this job or housing situation may re-trigger, but only if such issues are likely to impact the housing or employment in question or are more likely to result in a parole or probation violation, or result in a new criminal offense than denying the employment or housing in question. For example, expected absenteeism due to violating probation is grounds for denying employment.

====
Some legal changes that should be made to make this happen
====

Landlords and employers should have general immunity from civil lawsuits if they rent to or hire a person with a criminal record, provided that they make a good faith effort in all of these areas:
* The employer or landlord checks the employee or tenant's recent (last 7-10 years for felonies, less for misdemeanors) public criminal record.
* If the employer takes risks that are ALREADY considered by applicable law to be "high risk," he either provides risk mitigation or alerts affected parties so they can manage their own risk. For example, a white-collar crook with access to a company's books requires either checks and balances to prevent fraud or notification to all stockholders so they can sell or vote to fire the management if they choose. A landlord renting to a person with recent criminal convictions for gang activity or any such convictions and any known recent gang-related behavior should forward this information to local police so they can step up patrols.
* If a landlord or employer has a significant concentration of criminal tenants or employees AND as a group the total tenant base of the property or the total employment at any one location during any one shift represents a significantly higher risk to anyone as compared to a property or location of employment with a randomly-selected group of individuals, the employer or tenant either mitigates the risk or alerts those put at risk that they need to watch their back.

Landlords and employers should be financially encouraged to house and hire those straight out of prison.

All inmates approaching a possible release date and all recently-released convicts should be given free access to credentialed rehabilitation specialists who are funded well enough to do their job right. These specialists will be in a position to provide positive, neutral, or negative recommendations regarding the suitability of a particular individual for a particular housing or employment situation from a public-risk perspective. Such individuals should have legal immunity for making a recommendation that later turns out to be incorrect.

User Journal

Journal Journal: A Shout Out to my Peeps!

Word up to the Shane of Westgate for confirming all my stories.

DG

User Journal

Journal Journal: Correlation and Causation 23

tepples wrote:

Correlation implies 25% likelihood of causation. Either A causes B, B causes A, C causes A and B, or chance.

In this post, Immerman wrote:

I *hate* seeing statistics abused. A 25% likelihood of causation is *not* implied. Yes, one of the four outcomes must be the case, but you don't know the relative probabilities of each. It's like grabbing a marble out of a bag containing red, green, blue, and yellow marbles - there's only four possibilities as to which color your marble is, but for all you know I filled the bag with blue marbles and just threw in a handful of the other colors, in which case it would be preposterous to claim a 25% chance of getting a red one.

I'm aware of the hyperbole in my illustration. They're probably not equally probable, but absent other evidence, one has to assume so. My point is that just because the probability isn't 100 percent doesn't mean it can always be treated as 0 percent. So if you want to plead false cause more effectively, explain why they're not equally probable. Be willing to discuss what further observations would be needed to show which of the four possibilities is most likely. But don't say "correlation does not imply causation" as if it were "correlation implies lack of causation" without providing evidence, as that's close to the fallacy fallacy and the black or white fallacy.

This discussion has been automatically archived. Discussion continues in Daniel Dvorkin's journal.

User Journal

Journal Journal: Signature line update 2012-04-23

Signature line starting 2012-04-23:

Base 13 math: "What do you get if you multiply six by nine?" / "Six by nine. Forty two." / "That's it. That's all there is."

Previous journal entry containing historical sig lines: http://slashdot.org/journal/94557/my-sig-lines

Government

Journal Journal: NSA line-eater redux - 2012 DHS Media Monitoring terms

Remember the NSA line eater?

Well, it appears that the Department of Homeland Security and others are now monitoring Facebook and other social media web sites for certain keywords (Article at Animal New York, and on Slashdot. I wonder if Slashdot Journals count as social media web sites?

Well, here goes nothing (text shamelessly copied from the Animal New York story linked above):

2600
Abu Sayyaf
Afghanistan
Agent
Agriculture
Agro
Agro Terror
Aid
Air Marshal
Airplane (and derivatives)
Airport
Al Queda (all spellings)
Alcohol Tobacco and Firearms (ATF)
Al-Shabaab
Ammonium nitrate
AMTRAK
Anthrax
Antiviral
AQAP (Al Qaeda Arabian Peninsula)
AQIM (Al Qaeda in the Islamic Maghreb)
Arellano-Felix
Artistics Assassins
Attack
Avalanche
Avian
Bacteria
Barrio Azteca
BART
Basque Separatists
Beltran-Leyva
Biological
Biological infection (or event)
Biological weapon
Black out
Blister agent
Blizzard
Body scanner
Border
Border Patrol
Botnet
Bridge
Brown out
Brush fire
Brute forcing
Burn
Burst
Bust
Cain and abel
Calderon
Canceled
Car bomb
Cartel
Cartel de Golfo
Center for Disease Control (CDC)
Central Intelligence Agency (CIA)
Chemical
Chemical burn
Chemical fire
Chemical Spill
Chemical weapon
China
CIKR (Critical Infrastructure & Key Resources)
Ciudad Juarez
Closure
Cloud
Coast Guard (USCG)
Cocaine
Collapse
Colombia
Communications infrastructure
Computer infrastructure
Conficker
Consular
Contamination
Conventional weapon
Crest
Critical infrastructure
Customs and Border Protection (CBP)
Cyber attack
Cyber Command
Cyber security
Cyber terror
DDOS (dedicated denial of service)
Decapitated
Delays
Denial of service
Department of Homeland Security (DHS)
Dirty bomb
Disaster
Dock
Drug
Drug Administration (FDA)
Drug cartel
Drug Enforcement Agency (DEA)
Drug trade
Drug war
E. Coli
Earthquake
Ebola
Eco terrorism
El Paso
Electric
Emergency
Emergency Broadcast System
Enriched
Environmental terrorist
Epidemic
Erosion
ETA (Euskadi ta Askatasuna)
Evacuation
Execution
Exposure
Extreme weather
Extremism
Failure or outage
FARC (Armed Revolutionary Forces Colombia)
Federal Air Marshal Service (FAMS)
Federal Aviation Administration (FAA)
Federal Bureau of Investigation (FBI)
Federal Emergency Management Agency (FEMA)
Flood
Flu
Food Poisoning
Foot and Mouth (FMD)
Forest fire
Fort Hancock
Fundamentalism
Fusion Center
Gang
Gas
Grid
Gulf Cartel
Gunfight
Guzman
H1N1
H5N1
Hacker
Hail
Hamas
Hazardous
Hazardous material incident
Hazmat
Help
Heroin
Hezbollah
Home grown
Homeland Defense
Human to ANIMAL
Human to human
Hurricane
Ice
IED (Improvised Explosive Device)
Illegal immigrants
Immigration Customs Enforcement (ICE)
Improvised explosive device
Industrial spill
Infection
Influenza
Infrastructure security
Interstate
IRA (Irish Republican Army)
Iran
Iraq
Islamist
Jihad
Juarez
Keylogger
Kidnap
La Familia
Leak
Lightening
Listeria
Los Zetas
Magnitude
Malware
Mara salvatrucha
Marijuana
MARTA
Matamoros
Meth Lab
Methamphetamine
Metro
Mexican army
Mexicles
Mexico
Michoacana
MS13 or MS-13
Mud slide or Mudslide
Mutation
Mysql injection
Narco banners (Spanish equivalents)
Narcos
Narcotics
National Guard
National infrastructure
National laboratory
National Operations Center (NOC)
Nationalist
NBIC (National Biosurveillance Integration Center)
Nerve agent
New Federation
Nigeria
Nogales
North Korea
Norvo Virus
Nuclear
Nuclear facility
Nuclear threat
Nuevo Leon
Outbreak
Pakistan
Pandemic
Phishing
Phreaking
Pirates
Plague
PLF (Palestine Liberation Front)
PLO (Palestine Libration Organization)
Plot
Plume
Pork
Port
Port Authority
Powder (white)
Power
Power lines
Power outage
Public Health
Quarantine
Radiation
Radicals
Radioactive
Recall
Recruitment
Red Cross
Red Cross
Relief
Resistant
Reynose
Reyosa
Ricin
Rootkit
Salmonella
San Diego
Sarin
Scammers
Secret Service (USSS)
Secure Border Initiative (SBI)
Service disruption
Shelter-in-place
Shootout
Sick
Sinaloa
Sleet
Small Pox
Smart
Smuggling (smugglers)
Snow
Social media
Somalia
Sonora
Southwest
Spammer
Spillover
Storm
Strain
Stranded/Stuck
Subway
Suicide attack
Suicide bomber
Suspicious package/device
Suspicious substance
Swine
Symptoms
Taliban
Tamaulipas
Tamiflu
Tamil Tiger
Target
Task Force
Telecommunications
Temblor
Terror
Terrorism
Tijuana
Tornado
Torreon
Toxic
Toxic
Trafficking
Transportation security
Transportation Security Administration (TSA)
Tremor
Trojan
Tsunami
Tsunami Warning Center
TTP (Tehrik-i-Taliban Pakistan)
Tuberculosis (TB)
Tucson
Twister
Typhoon
U.S. Citizenship and Immigration Services (CIS)
U.S. Consulate
United Nations (UN)
Vaccine
Violence
Viral Hemorrhagic Fever
Virus
Warning
Watch
Water/air borne
Wave
Weapons cache
Weapons grade
Wildfire
WMATA
World Health Organization (WHO and components)
Worm
Yemen
Yuma

I really, really hope the feds use software to eliminate posts like these. I'd hate to think that some poor agent has to waste time seeing if I'm a potential threat or just some guy who cares about striking a good balance between spotting legitimate threats and labeling anyone who happens to say the "wrong" thing at the "wrong" time a terrorist.

User Journal

Journal Journal: in which i am a noob all over again 17

I haven't posted a journal here in almost three years, because I couldn't find the button to start a new entry. ...yeah, it turns out that it's at the bottom of the page.

So... hi, Slashdot. I used to be really active here, but now I mostly lurk and read. I've missed you.

User Journal

Journal Journal: Death and Rich Internet Applications 1

Remember Rich Internet Applications (RIA -- not to be confused with RIAA)? Three years ago, they were the new hotness, with frameworks like Cappuccino, SproutCore, and (less buzz, but just as interesting) GWT getting their fair share of virtual ink. They promised desktop-quality applications in the browser with better development methodologies. GWT let you develop and debug your web app in java and then compile to javascript. Cappuccino (from a group of former Apple employees) re-implemented the Cocoa/OpenStep libraries and even the objective C language in javascript. And SproutCore copied Cocoa ideas, but with javascript/ruby sensibilities. Apple liked SproutCore enough to hire the developers and used it instead of Web Objects for iWork, iCloud, et cetera.

But then what?

GWT is still around and developed, but they've moved on to the next big thing, i.e., dart.

280 North, the Cappuccino developers, was bought up by Motorola a year ago for $20 million.

Strobe, the primary developers of SproutCore, were bought up by Facebook a couple weeks ago.

Since these projects are all under Free (MIT, Apache, and LGPL) licenses, they won't disappear (in fact, they're still receiving minor updates). But when their primary (or only) developers get bored or cash out, it's safe to say they'll soon stagnate, which is a shame, really.

User Journal

Journal Journal: Contact me

If you want to contact me without spamming article discussions (i.e. if you're new here), just reply to this post.

User Journal

Journal Journal: Google + 2

Hey everyone,

It this time the herd might have really moved on?

I've tried to scavenge as many email addresses as I could from my friends list and added them to my google+ /. circle. I'm going to send out a message on it to see how many of those addresses still work.

But in the mean time, feel free to add me if I couldn't find you. You can find me on Google+ with my email address, noble.oblige at gmail.

That means you chacham, superyooser, etc...

User Journal

Journal Journal: Staying ahead of the curve

So I've been looking back on my career. It is amazing to me the technologies that I was innovating with before their day.

I've been working on Linux since it was a toddler (pre 1.0). I've been doing automated image installation since before Ghost and Kickstart; windows and Linux unified directory services with LDAP+Kerberos before Centrify; and unified network on a scalable hardware platform before HP, Dell, Oracle, Microsoft and the like.

I was never the lone pioneer. There were others working on each technology at the time. Some were open with their ideas and I gained a lot from them. Others, like Amazon and Google's work on scalable infrastructure, kept them as proprietary secrets of strategic advantage.

I never found these technologies in an effort to build my career or be on the leading edge. I've spent some time playing with different technologies at home, and to be honest none of them seemed to go anywhere.

But these career choices seem to be remarkable in that they occured purely when focusing on enabling researchers or simplifying systems management.

For Linux, the need was given to me to explore, the Computer Lab needed to have a mature/complex environment to enforce security and be open enough for education. They found Linux, and simply found me a willing person to develop it for them.

For the imaging system, it was a need to administer 100+ workstations for a call center on my own, while the other corporate call centers had a ration of one FTE per 10 workstations. Automation was the only way to accomplish that. The need to make my job easier was also behind the LDAP+Kerberos.

But it wasn't until I found my way into large companies that I found an entirely different kind of need. A purely business created need -- the need for simply scaling architecture. The PMO process is, inalterably by its very nature, a waterfall approach to change. While large companies can benefit from economies of scale, the PMO processes seem to work on an economy of inflation -- the bigger the change more the inflation of resources needed to enact the change.

Hence the need for scalable architecture arose from the need to change and grow with as little imprint in the PMO as possible.

Now, PMO oversight is a business justified expense. I am in no wise critical of what value project management brings a large organization. But it is, and will continue, to be an inflationary environment which continues to drive evolution towards architectures which minimize its footprint in the PMO.

Right now I'm working on just what that means -- how do you minimize the PMO footprint of your architecture? What principles are developing that show what exactly is best to simplify, and where is the flexibility that needs to be pushed to soft-tooling rather than hard-tooling?

What are your thoughts? No place to find venerable IT workers fighting against the machine than Slashdot, no?

User Journal

Journal Journal: How to solve this financial mess we are all in 1

A nation cannot be free where its citizens are bonded in debt or reliant on welfare.

If the Lottery is a tax on people bad at math, then financial crisis such as the one we are going through are a tax on people who fail to fully account for value.

The Medici family, one of the richest in all of Europe, practically funded the movement we call the Renaissance. Much of that was on the good accounting practice of double-ledger accounting. But even with that stringent accounting, eventually their search for business went bankrupt. The powerful family was left with nothing left but a little political currency they could use to set one of themselves up as Pope. And what did they do when they obtained the Papacy? They spent the Catholic Church, itself rich enough to fund the largest building projects in Europe at the time, into the ground.

Here's something to think about. Lets say I need or want money, where do I get it? In an economic standpoint I see three basic transactions which get me money...

I can earn it.
I can sell for it.
I can take out a loan for it.

Each of those have their pluses and minuses.

Earning requires work, and establishing value for someone else who exchanges part of that value with you.

Selling means giving up something that could be useful to me.

And a loan requires me to take an obligation to somehow make the money later, by the two means above.

What if I could have the best of all those options. How about if instead of taking a debt for money, I get you to get into debt to pay me some money. In your new found abundance, each dollar is less valuable. Call it easy come, easy go, or perhaps your own personal inflation dilemma. It is burning a hole in your pocket and you are ready to spend it for something less valuable, less needed, then you were before. What if I sold you that something that was less valuable for more of that easy to come by money. Then, I'm richer, and you are in trouble.

I'm not saying that is in and of itself an evil process. In fact, at its worst it may be considered an unfairly churlish way of looking at how economies expand. The more money there is, the more that can promote the circulation of real value, and the more real value we all have the more prosperous we are and able to gain more money.

In essence, the only problem with that transaction is in the discrepancy between the money given and the value received. The personal inflation problem caused more of a bubble then sustained economic growth. And the only person to blame, caveat emptor, is the buyer. When the person's ability to account for their own money, and prioritize to get the most value from that money. Or in other words, they devalued their own money by the triviality of their purchase. Or in even fewer words, they showed poor business sense.

Perhaps we can simply say that good business sense boils down to the fact that the more people account for their own money and needs, the more they will demand respect for their money. I'd certainly like to say that is good business sense, but when I walked away with that persons money, I'd be patted on the back by investors with more money -- given I can show that I can reliably do that for the foreseeable future. So lets say that good moral business sense boils down to good accounting as well as understanding of yours and others needs.

The distinction of the two is so difficult to see. Especially when the money circulation is such that one can siphon off that value with a large supply of takers for a seemingly infinite length of time. With that kind of seemingly endless money supply, what is the difference between that and the truly moral sense of economic growth? Such is the problem the S.E.C. has in enforcing regulations on corporate accounting.

But I don't understand accounting like they do. But I can learn a lot of the principles of true value and wealth from my own accounting practice -- the one in my own home.

And one thing I've learned in my family budget is that it can't be built in a day. But that doesn't mean it is hard to do. Like building a kit car, a budget is the last step of turning the key on an economic engine built for your home. It depends on some very simple practices that need to be taken one at a time. Each step is much easier then building a car, and just like when you got your first car the result of taking on the extra maintenance is much greater freedom.

I've been working on my own financial budget, out of necessity, for many years now. For myself, I've settled on Ledger-CLI for my accounting, I hire financial advisers each year and talk with them regularly. I've even found that instead of riding roughshod over my bank statements each month, it is easier to spend a little time each few days to go receipts. The closer I can get to the actual transaction, the easier it gets to account for my finances as a whole. But your mileage may vary, your engine is your own to build and drive. the most important value you can gain is not the money as much as the process.

Many years ago I was offered stock by RedHat during their now legendary IPO. I think it had something to do with my paying a consultant a large sum of my own money to help fix NFS in the Linux Kernel to be more compatible with AIX for my job. But at the time I had re-entered college and on a very strict budget. I had $2000 I had budgeted to use for the rest of the school year, in fact I only needed $1600 of it. That also happened to be about the exact minimum lot purchase price.

And I walked away, much to the chagrin of people around me who were begging to be in the Redhat IPO. Why? Because at the time the stability of knowing I could pay for the rest of my college was more important to me then anything I could get with any more money. I'm not adverse to risk, recently I plunged a lot of money I'll probably never see again into a start-up with a few friends. But that taught me the line, where my needs were more important, and nothing could be sold for it.

The principle, more than the money is what ultimately saved me from divorce, bankruptcy, depression, etc... I'll take the principle I learned over the $2000 or maybe even $20,000 I would have made. That money, even if used wisely at the time, wasn't enough to generate any sustained wealth that would have been invulnerable to poorly managed risk later. But knowing the real value of what I had helped me save everything that I hold most valuable with far less money.

And, even more importantly, the more they will have the fiscal sure-footedness to scrap with their representatives when it comes to keeping them honest -- yet wise -- with how they use that money.

Why is this so important to me now? Its all about the Balanced Budget Amendment that so many people are talking about.

You see, as someone who values fiscal responsibility I'm a great fan of the tea party and their call for a balanced budget. I can even say I was ready to march with them. But that was until someone asked me the same thing I'm asking everyone around me -- how can I make a balanced budget compact for my own home that would allow me to respond to emergencies? I've made some attempts but haven't found one that I feel comfortable with.

And that is because in a decade effort I've learned that a budget, let alone a balanced budget, is only the culmination of many steps of financial security. Now granted, the federal government has the accounting practice already in place that I had to learn. But the devil is in even finer details for the bean counters to keep tabs on.

A nation cannot be free where its citizens are bonded in debt or reliant on welfare.

If I'm desperate, I can't hold my politicians' feet to the fire. Instead I'm doing something more like harassing and begging, which is really just more powerless and desperate -- a ready victim. But there is a more powerful option, but it isn't pretty. The other option is to try to extort it through civil disobedience, a move which hurts everyone to extort a bit of favor for yourself, as we saw in London.

People who don't know where they would stand if all of a sudden the river of government or economy went dry. And they don't know because they don't know their own financial situation from a hole in the ground (which it likely resembles very closely). The scared are always going to either hop onto any bandwagon promising hope and change -- rescue from their own plight -- or try to rob or extort their financial security at the governments expense like children throwing a tantrum to get more dessert.

Even if the government balances its budget, it will be powerless and at the whims of debt if the people are in debt. Scratch the surface of that conclusion just a little deeper and we see that it is our debt, handing over our unearned money for things of less value then they really hold, that actually caused the government debt crisis -- on so many levels.

Only a nation of individuals who practice financial freedom and stability can scrap with the politicians, letting them know that the politicians are really the needy and desperate ones. Only then can we hold their feet to the fire to give that money the respect it deserves. Only then can we collectively accept the need for real risk sometimes, but know when to draw the line before it robs us of our needs, and thus robs us of our freedom.

You can help out by making your own balanced budget. Take simple small steps that will wind up giving you the financial stability to look fearlessly at the times ahead, and help prevent such problems in the future.

And then, and only after that first step, help encourage others to do the same. From your neighbor to the federal government itself.

User Journal

Journal Journal: Stop Being a Broken Record 16

People tell me my Slashdot comments are repetitive. I'd appreciate some hints as to how to be less repetitive.

Sometimes it looks like I'm reminding other users of an unsolved problem, but the problem has in fact been solved. Perhaps the real problem is that the solution hasn't been well publicized. For example, one solution to a lot of problems with home entertainment is to put a PC in the living room, but almost nobody knows about this.

If it looks like I'm reminding other users of an edge case too often, consider that a solution that covers more edge cases will appear better thought out and more robust than a solution that covers only the common cases and leaves the edge cases unnoticed.

And sometimes I get confused as to which is the common case and which is the edge case. For example, h4rr4r has pointed out that whenever someone brings up Netflix as an alternative to cable television, I often bring up the fact that Netflix lacks sports. I try to phrase it like "Netflix is fine for people who aren't into sports", recognizing that both non-sports-fan and sports-fan markets exist but apparently putting undue emphasis on the sports-fan market. This goes back to discussions that I've had with heads of household in my survey sample. They tell me they don't see how Netflix would be worth an extra $7.99 per month on top of what they already pay for TV. So I try to make room for Netflix in their budget by suggesting how much they could save by switching from cable Internet+cable TV or fiber Internet+satellite TV to their current Internet+Netflix, and then they mention sports. I guess the survey sample of households in my extended family with broadband access must be a biased sample with more sports fans than the general population, and thus I have a biased view of the relative size of the sports-fan and non-sports-fan markets.

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Space

Journal Journal: 3d galactic map with time calculations? 8

Ok, here's an odd request. Maybe someone out there has an answer for me.

I know we've been making huge advances in mapping distant celestial bodies, their speed either across our field of view or relative direction (to or from us) with red/blue shift, etc. I was curious to if there has been any publicly available project which creates a 3 dimensional representation of that data, and allows for adjustment of time.

The way I understand it, in theory with enough data, the known universe could be collapsed (virtually) to the time of the big bang.

I've had an idea for a (fictional) story, which I'd like to be able to back up with at least something resembling factual information. For example, the Earth takes roughly 250 million years to make an orbit all the way around our galaxy (one "Galactic year"). If you were looking at Galaxy X and Galaxy Y, and for particular intervals. Imagine a line drawn from a fixed point in each Galaxy. Would it be possible to determine if the Earth (or at least a close part of our galaxy) would intersect that line, or look back to when that did happen? ... and save the supercomputer comments for some other time. :)

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