My most dearest children:
I feel bad for Alexander. He’s had to live with more than 50 years of “terrible, horrible, no good, very bad days.” https://www.npr.org/2022/06/01/1102134950/for-50-years-alexanders-been-having-terrible-horrible-no-good-very-bad-days
I can’t imagine. I’ve only had to endure 10 years, and it is more than enough to drive me bonkers.
Today started at 3AM for me, and it started as a very terrible, horrible, no good, very very verY veRY vERY VERY shitty day. Some days, it pays to not even get out of bed.
It all started because people can be very stupid. Many lack common sense… or refuse to take time to apply it. If everyone would only hit the pause button for a few second to think first about their audience, the issue at hand, etc., before uttering a word, the world would be a much better place.
Alas, we are not so lucky as to live in such a world.
Let me give you two examples — one from the past and one from the present.
Years ago, I was invited at the last minute by one of my siblings to join her on a trip to India, where it is not safe to travel by yourself as a woman. (One but has to glance at the numerous news stories about Indian women being gang raped — then burned in some cases — to appreciate the danger.) Typical of my approach, I bought a well-respected travel guide to help us avoid the pitfalls and known dangers.
One of the places we stayed at was a well-known and posh hotel that included a Rolls-Royce dealership on the hotel grounds, safely protected behind it high walls. The travel guide was very very very clear about the dangers of touts and other unscrupulous individuals hanging about just outside the compound to prey on unsuspecting tourists.
That day, we had intended to walk to a local bazaar a few blocks down the street from the hotel. On the way out, I had confirmed with the concierge of the five-star hotel the location of and direction to the bazaar. The concierge confirmed the direction and, after a lengthy conversation, gave us a local map so we wouldn’t get lost. He wished us a good trip to the famous bazaar.
As expected, as soon as we stepped out of the gates of the hotel compound, we were swamped by local touts as flies to shit. They started asking us where we were going (which I would NEVER would tell strangers when traveling at home or abroad, but my apparently idiot older sister did not get that memo of common sense). Then, as expected, they touts started telling us that the route to the bazaar was blocked by massive street protests. Thus, it was unsafe, and we must let one of them drive us around the chaotic scene.
I had warned my sister of the touts and tried to tell her to ignore their lies. She refused to listen to me (the one who she had invited along to help protect her). Instead, she chose to listen to strangers, believing that danger awaited if we walked our path as planned.
For me, it was simple: the concierge of the five-star hotel would be well-apprised of local events and would NEVER endanger guests. Thus, if there truly was a HUGE protest just down the street from the hotel, he’d know. MORE IMPORTANTLY, HE WOULD HAVE WARNED US OF THE POTENTIAL DANGER WHEN WE DISCUSSED WALKING DOWN THAT STREET TO THE FAMOUS BAZAAR!!! But he didn’t.
So I encouraged my sister to return with me inside the hotel to confirm with the concierge or other staff about whether there is a protest and whether it would be safe for us to walk down the street to the bazaar. She refused.
Seeing no other choice than (1) going along with her and the lies she’d been fed or (2) leaving her just outside the hotel gate and going back into the hotel to get independent and more reliable information, I returned to the hotel on my own to speak with the concierge. As expected, he confirmed there were no street protest and it was safe for us to walk to the famous bazaar as we’d discussed earlier with him.
Before I could end my conversation with the concierge, my sister came up to me and said I was right. Worse, she cancelled plans and went up to her room to lay on the bed in a fetal position.
Apparently, she was upset because … I was right?!!! How utterly fricking idiotic was that??? She’s the one who asked me to come along to help protect her, remember? So she’s upset that I watched out for our safety?!!! How fricking idiotic!!!
That’s the first story of how common sense can be rather uncommon.
The second is more recent and shorter.
As you must know, the news has been replete with coverage of mass shootings at a bank in Louisville, KY, and at a school in Nashville, TN. Social media is also alight with threads discussing this uniquely American epidemic.
Among those voices was the opinion of one who suggested that to solve the mass shooting problem, America should institute mandatory military service for everyone.
So the solution to Americans shooting and killing children in schools and adults at their workplaces, according to this genius, is TO FORCE ALL AMERICANS TO PLAY SOLDIERS.
… I don’t even know where to begin to respond to that post … other than to quietly walk away. It’s not my job to educate everyone.
However, IT IS MY JOB TO EDUCATE YOU, MY CHILDREN. So, here goes … learn to think critically. There are tons of good books written about this topic. There are classes you could take in college on formal logic, etc., to help you develop this CRITICAL LIFE SKILL.
Below is just a few books to get you started:
More importantly, know that YOU CANNOT THINK LOGICALLY OR DEEPLY ABOUT ANYTHING UNLESS YOU HAVE THE RELEVANT DATA WITH WHICH TO MAKE THE NECESSARY ANALYSES!!!
Note of the two graphics I included above about critical thinking, the top, larger one included a bubble about obtaining information whereas the smaller one — typical of many posted on the internet — omitted the need for data. That’s just silly.
For example, how could you possible think critically about and discuss the merits and disadvantages of Ethiopian food if you’ve never tried Ethiopian food or know nothing about it??? Recently, someone who grew up in a communist country discussed the surreal experience of being lectured on the problems of communism by a Western kid who had just started his formal education and who grew up far from any real communists. This shit happens in real life ALL THE TIME!!!
This is why I always encourage you to read voraciously and widely, and to spend at least 30 minutes everyday reading and perusing all the sections of reputable newspapers to build your database of knowledge of the world: politics, business, the arts, sports, fine dining, etc. That’s why I also used to love to go to the book bin at Goodwill to peruse random books donated by folks to be had for cheap that would broaden my horizons. The beauty of Goodwill book bins are that they are really cheap, and if you don’t like what you bought, donate it back to Goodwill!
As the world becomes more complex and as ChatGPT and other AIs take on greater shares of lower-end human functions, it behooves you to build up your critical thinking skills and make yourself indispensable and irreplaceable by machines. Life is a thinking man’s game, remember?
So think! Don’t be like the idiots who spout dogma and the dogshit fed to them without thinking.
Let me give you another specific example from a book I’m currently reading: Narrative Change: How Changing the Story Can Transform Society, Business, and Ourselves, by Hans Hansen, a college professor. https://cup.columbia.edu/book/narrative-change/9780231184427 ; and, https://www.jstor.org/stable/10.7312/hans18442?.
This book is about the efforts of a team of public defenders to change the narratives in Texas where “[d]eath penalties were handed down more than 90 percent of the time in capital trials …, and 98 percent of the time in West Texas.” Chapter 1. By the time the author’s research is completed, the newly formed team of public defenders had lost just once.
This book is about the narratives which guide our actions almost all the time, which often limits our responses to what the relevant community considers to be “appropriate,” and which could be changed with conscious and significant efforts. As the author asked in the book, if you’ve never been on a first date, how would you know how to act? You follow the script or narrative played out in society — dinner and a movie. You know what to do at interviews, when entering an elevator, and when returning goods because there are narratives for those activities as well. In other words, we are on autopilots most of the time because we rely on and enact the narratives we are fed.
What if those narratives are false, or are not reflective of reality? For example, after decades and decades of Law & Order and similar shows, most Americans are familiar with the phrase that people are “innocent until proven guilty.” What if, as discussed in the book, the real phrase is “innocent unless proven guilty” or “innocent unless and until proven guilty”? See, e.g.,https://www.ce9.uscourts.gov/jury-instructions/node/335.
The difference is significant. If you as the jury are told the accused is innocent UNTIL proven guilty, you would understand your charge to be find the accused guilty. However, if you as the jury are told the accused is innocent UNLESS proven guilty, your would more likely understand your task to assess the evidence to determine guilt or innocence. There is no suggestion otherwise.
We humans are suggestible creatures. For example, if I asked, “Do you want a Coke?” you are equally likely to say yes or no. However, if I asked, “You’d like a Coke, wouldn’t you?” the question already presupposes an answer and you are less inclined to create unnecessary conflict and say no.
Now, here is the important example discussed in the book. We Americans take great pride in our Constitution and how our criminal justice system is supposed to be fair, right? That’s the false narrative we are fed daily. That’s pure bullshit for the uninformed.
The death penalty is supposed to be about justice, but that value is easily eclipsed by the three most significant factors determining who gets death: race, money, and politics. The death penalty is worse than arbitrary; it is rife with biases…. [To avoid unnecessary rancor here, I’m skipping over the discussion of the critical role race plays in death penalty case.]
In the death penalty game, the playing field is not equal. The rules are biased toward the prosecution and tip the scale toward death….
[For example, o]bjection rules favor the prosecution. When the defense objects, they are required to provide a legal rationale for the objection, even if it is only a phrase indicating a rationale, such as “leading the witness” or even just the keyword “leading!” to indicate the prosecuting attorney is leading the witness to answer questions in certain ways…. When the prosecution objects, however, they do not have to provide any rationale or cite any case law. In fact, the judge is directed to automatically “sustain” the prosecution’s objections if the judge can contemplate — yes, merely contemplate — that some legal rationale must exist, even if the judge cannot cite it.…
If the defense objects, they have to cite the legal reason, whereas the prosecution only has to object and can presume that some legal reason must exist.
Hans Hansen, Narrative Change: How Changing the Story Can Transform Society, Business, and Ourselves, Columbia Business School Publishing (July 28, 2020), Chapter 4 (emphasis added).
Does that sound fair to you? Does that sound like an even playing field to you?
Now add to that the fact that the American Bar Association, in its journal, had cited a study out of the University of Michigan Law School and other members of the National Registry for Exonerations which found that official misconducts by prosecutors and police account for over half of cases in which innocent Americans are wrongfully framed, wrongfully convicted, and wrongfully imprisoned. “Misconduct included witness tampering, in which a witness is tricked or persuaded to give false testimony or make an identification; violence, lying and coercive conduct in interrogations; fabricated evidence, including planted drugs and forensic fraud; concealed exculpatory evidence; and misconduct at trial, including perjury by polic[e] and lying by prosecutors.” https://www.abajournal.com/news/article/police-and-prosecutor-misconduct-contributed-to-over-half-of-false-conviction-cases-study-finds.
Now, add to those facts the fact that state judges are often former prosecutors. Do you think that influences them in any way?
Now, add to those facts the fact that most criminal defense lawyers are poorly paid by the system and are way overstretched beyond reason and beyond fairness. The following headlines from the reputable New York Times says it all, “One lawyer, 194 felony cases, and no time,” https://www.nytimes.com/interactive/2019/01/31/us/public-defender-case-loads.html. Remember, the American Bar Association professional principles require lawyers to put aside sufficient time to prepare the best representation possible. But that’s often not the case for most criminal defense lawyers, especially public defenders. See, e.g., https://www.abajournal.com/news/article/aclu_sues_california_county_over_public_defender_caseload.
Now, add to those facts that fact that trials and lawyers are very expensive and most of those accused do not have the financial resources to fight against the state, which has hundreds of millions if not billions at its disposal as well as the entire apparatus of government at its service. Let me explain: in our case, we have been quoted and are expected to spend nearly half a million dollars to defend ourselves from the false charges. Since we cannot afford that, guess who we will have to represent us? Overstretched public defenders as discussed above. On the flip side, tax payers pay the wages of all the lawyers in the prosecutor’s office, all the police officers in the police department who are assigned to the case, all the staff in the government forensic labs, all the other public servants who lend a hand when requested by government, etc. THIS IS WHY THE LAW REQUIRES GOVERNMENT PROSECUTORS TO TURN OVER EXCULPATORY EVIDENCE TO THE DEFENSE — and it is such a travesty of justice that prosecutors often do not do this and violate this requirement with impunity!
Now, add to those facts the fact that judge often rule on objections in court without providing their legal rationale for their rulings, and that without such data, it is difficult for the accused to appeal adverse decisions because the appellate justices cannot address what the lower judge did not say on the records, i.e., the legal rationale for his/her rulings. As discussed in the book, the criminal defense lawyers have a right to request a written ruling on every motion and objection. But, judges don’t like that. The reality is, as lawyers, we are taught from the first day of law school to show deference to judges. Worse, if I litigate as a matter of practice and my specialty is limited to a certain field of law, I will likely see the same number of judges over and over again — judges who have power over each of my cases, my law practice, and my livelihood as a lawyer. What are the likelihood that I’ll offend the judge by asking for a written ruling each and every time to zealously advance the interests of each client?
These are but a few examples of how the supposedly “fair” criminal justice system is anything but fair, and it is STACKED AGAINST the accused.
So, stop and think. Beware the lies you are fed. You don’t have the time or energy to do this for everything, so pick your battles.
All my love, always and forever,
Dad
P.S., I should say here that I do not practice criminal law and certainly not in Texas, which has the honor of being the Prison Rape Capital of the U.S. See, e.g.,