It Was The Worst of The Times

Guest Post by Willis Eschenbach

I did jail time in the Sixties for a peaceful sit-in against the Vietnam War. So (as with many things) my understanding of the issues involved in what may be termed “civil disobedience” is eminently practical as well as theoretical. I was very disturbed by a recent column in the New York Times by Kirk Johnson entitled “Do Motives Matter?” It discussed the DeChristopher case. I reproduce it in its entirety and discuss it below.

Do Motives Matter? The DeChristopher Verdict

Tim DeChristopher hugged supporters as he left a courthouse in Salt Lake City after his conviction. Associated Press Photo

The American legal system tends to pay obsessive attention to a person’s motives and mental state. A hate crime, for example, only becomes a hate crime at all with motive. Premeditated offenses often get harsher treatment than impulsive acts of rage or passion. The capacity to understand right and wrong is a fundamental threshold of competency in a courtroom.

OK, let’s stop right there. Part of that is simply untrue. In addition, he is conflating motive, premeditation, mental competence, and intent.

The American legal system pays almost no attention to motive. The only crime I can think of in which a person’s motives make a difference is a “hate crime”. This is a recent addition to the law. But if you murder someone, or steal their wallet, your motive is meaningless. You might have stolen to impress your girlfriend. You might need the money to feed your kids. Doesn’t matter, the jury will never hear about your motive. The only question the jury ever considers is “did you do it”, not “why did you do it”.

While premeditation and mental competence and intent are certainly issues to which the law pays “obsessive attention”, they have nothing to do with motive. All they are doing in his essay is confusing the issue. In general the person’s motive for doing something whether a person had noble reasons for committing a crime is legally immaterial to the jury. If motive enters into the record at all, it is only and solely in the sentencing phase, after the person has been found guilty and the jury sent home. Thus the judge acted correctly in doing what Kirk Johnson describes in mildly accusatory accusatory undertones as:

But in the federal trial of Tim DeChristopher, who was convicted on Thursday in Salt Lake City on two felony charges for trying to derail an auction oil and gas leases in southern Utah in late 2008, discussion of motive – at least so far as the jury got to hear – was almost entirely stripped away.

Judge Dee Benson told the lawyers that the case would not be about why Mr. DeChristopher did what he did, but only whether he did it. Federal energy policies and concern about climate change, which were in fact the core drivers of Mr. DeChristopher’s actions, as he has said in many interviews, would not be put on trial, Judge Benson ruled.

And he properly ruled so. DeChristopher’s motives are not relevant to the jury’s deliberations.

Does it matter? In covering the case for The New York Times, I found myself pondering a pretty deep question: In assessing offenses driven by environmental concerns, is an understanding of the “why” crucial to the truth? Or is it a huge distraction because of the politics and complexity and controversy that swirl around the subject?

Is his motive “crucial to the truth” or a “huge distraction”? I would say neither. I would say that an understanding of his motive in the context of what is called “noble cause corruption” is useful in understanding the current sorry state of climate science. In either case his motive does not matter to the law, nor should it.

Would the jury have assessed things differently if the defendant’s deeper psychological portrait had emerged – specifically his belief that risks to the planet and the future are so dire and urgent that rules must be broken?

Or is the “rule of law,” as an assistant United States attorney, John W. Huber, put in it his closing argument, crucial to civil society — the linchpin of protecting everything we have, including and perhaps especially the environment?

I have no sympathy with this argument at all. Why on earth should I care about Mr. DeChristopher’s “deeper psychological portrait”? I don’t generally turn over rocks if I fear that there are strange things under them … I’m not interested in what lies under Mr. DeChristopher’s actions. I have enough problems with the creatures that live under my own skullcap, I have no interest in the unknown denizens of Mr. DeChristopher’s cranium.

Certainly, Mr. DeChristopher, a 29-year-old economics graduate, is no eco-terrorist. This was not an Earth Liberation Front firebombing; the closest he got to violence was raising his bidding paddle at the auction to buy land leases with money he didn’t have. But there was also little doubt, as he had also conceded in interviews, that he broke the law by signing federal forms while posing as a legitimate energy buyer, and then by bidding successfully for upward of $1.8 million in leases from the federal Bureau of Land Management.

Again, I’m not clear what the relevance of this is. He is not an eco-terrorist. He is also not a kidnapper or a child molester … so what? What does that have to do with his case? Is he saying we should have sympathy for him because he is a “white collar criminal”? Because I generally have less sympathy for that breed of crook, not more. I’ll take an honest bank robber over a bank accountant who steals the same amount of money, any time.

In a statement after the verdict, the United States attorney for Utah, Carlie Christensen, addressed part of this debate, one that will no doubt continue in Mr. DeChristopher’s probable appeal. “Whether the B.L.M. was correct in its decision to offer these parcels for oil and gas lease sales was not the question which this jury was asked to resolve,” Ms. Christensen said.

Nor should they be asked to resolve it. It is not a question for the jury.

Look, I have no problem with Mr. DeChristopher’s actions. As I mentioned, I did the same myself, and I did time for it. As we said then, if you can’t do the time, don’t do the crime. However, I never heard the New York Times opining that the judge should have considered my motives in deciding my guilt or innocence. It didn’t matter. I was guilty. As is DeChristopher.

What I have a problem with is when this kind of thinking slops over into the scientific arena. You see, if a scientist thinks it is ethical to break the laws of civil society in the name of saving the planet, I have absolutely no confidence that the same man will not break the laws of honest, transparent, ethical science in the name of saving the planet. As we have seen, sadly, this more than a thoretical threat.

When this occurs in science, it is called “noble cause corruption”. It occurs when a scientist thinks that their cause (saving the world from Thermageddon) is so important and so noble that it transcends plebeian concerns. Their cause is much more critical and vital and important than, you know, mundane boring things like transparency, and scientific integrity, and archiving data that may not agree with your hypothesis, and revealing adverse results. For scientists like that, those are petty scientific concerns, things that only apply to people who are not engaged on a mission from Gaia.

This noble cause corruption, amply personified by Michael Mann, Phil Jones, Gene Wahl, Caspar Amman, Gavin Schmidt, James Hansen, Stephen Schneider, Lonnie Thompson, and far too many other leading lights of AGW orthodoxy, has been the root cause of the mistrust of the public in climate science.

And reasonably so. When the public sees top-notch, world-renowned climate scientists lying and cheating and breaking the rules and stuffing the peer-review panels and subverting the IPCC, what do you think will happen to the reputation of the field?

Judith Curry and others keep presenting this as a communications problem. It is not. The AGW folks think the problem is that they’re not getting the word out. So they’ve formed some kind of Guerrilla AGW Killer Rapid Response Ninja Suicide Death Commando Team to answer questions, at least I think that’s the name … guys, lack of AGW scientific opinion is not a problem as far as I can see, quite the opposite. We’ve heard your scientific claims of upcoming catastrophe proclaimed at full volume over and over. And over. And over. The problem is not that your message is not getting across. We hear it. It’s crystal clear, no problem with either the medium or the message. RST is five by five, as the ham radio operators have it.

But most folks simply don’t believe anything you say. You’ve lied to everyone before, you conned us in the past, people are determined it won’t happen again.

The problem is that a large number of the top names in the field have been shown to be, well, liars, cheats, and thieves. They were working hard, in secret, using deplorable, unethical, and likely illegal tactics to advance their noble cause and to protect their secrets and their data and methods.

Now, if that were all, it would be bad. But it is worse than that. If, when all that was revealed, the rest of the honest, decent climate scientists had stood up and pointed and said “For Shame!”, the breach in trust could have been repaired. If the miscreants were identified and disowned by the majority of climate scientists, there would have been problems, but not huge problems.

But that’s not what happened. When the Climategate rock was rolled over, and the UEA nest of scorpions was revealed and they started running from the sunlight, with few and notable exceptions the good, decent, honest climate scientists suddenly found something else really fascinating to talk about. About how it was just boys being boys. About how it was just scientists talking trash about each other in private. About how Climategate meant nothing. About how the use of “hacked” emails was unethical. The overwhelming majority of the good honest decent AGW supporters talked volubly about everything under the sun … everything except the putrid scientific rot Climategate revealed within the top ranks. Nor did they say a peep about a succession of ludicrous whitewash investigations apparently led by Inspector Clouseau of “Pink Panther” fame … silence and closing the ranks was the order of the day.

So as a result much of the general public in the US at least believes that all climate scientists are crooks. They’re not. They’re mostly just reasonable, curious scientists who tragically were unwilling to speak up for scientific honesty and integrity when history called on them to do so. And as the saying goes, for scorpions to succeed, all that is necessary is for good climate scientists to do nothing.

After all of that, anyone who thinks that what we have is a communications problem, or that it can be solved by better scientific explanations, or that it can be fixed by reframing the discussion, is seriously deluding themselves. Someday, good science will eventually win out. Not communication. Not reframing. Good science.

But until then, I can assure you that if a climate scientist says it’s raining outside, any reasonable person will surreptitiously glance out the window …

w.

[Update] There is an outstanding comment below:

Turn this around when thinking about the “profit motive” such that the “profit motive” were a valid legal defense. A really scary thought, that one is.

0 0 votes
Article Rating

Discover more from Watts Up With That?

Subscribe to get the latest posts sent to your email.

216 Comments
Inline Feedbacks
View all comments
johanna
March 14, 2011 2:02 pm

Smoking Frog says:
March 14, 2011 at 2:49 am
johanna,
The legal defense of self-defense is an example of what the law calls exculpatory defense, or defense of necessity. To say that it depends on motive is to entertain the absurdity of a person faced with the necessity of defending himself but having some other motive for the violence that he commits, such that it matters to his guilt or innocence. Suppose he cares nothing at all for defending himself; he is a radical pacifist. In that case, you may say, he lacked the motive and therefore lacked the “necessity”; actually he wants to reduce the number of Republicans, and the person who attacked him was a Republican. So we’re talking about a radical pacifist who seizes the opportunity to kill someone in circumstances in which anyone else would have the motive of self-defense. How crazy is that? The fact is that he acted so as to defend himself.
[snip]
You’re telling me that the motive is implied by the facts “trying to kill you…you respond by killing them.” That gets rid of the question of motive. If everyone who acts so as to defend himself has the motive of defending himself, motive is irrelevant. It is only relevant if some people who act so as to defend themselves lack the motive of defending themselves – but those would be crazy people. Whether the defendant acted in self-defense is a question of fact, not motive. I said it before, and I’ll say it again: You don’t understand the issue.
Prior to this message, I only offered one example, so there is no “some of your examples.”
Everyone knows what ‘not proven’ means. It also helps to avoid hung juries.
I doubt that it helps to avoid hung juries. According to Wikipedia, Scottish juries render verdicts by simple majority, there are 15 jurors, and anything less than 8 “guilty” votes is an acquittal.
———————————————————
What a strange post. ‘Motive’ is what it is – the thing that moves someone to do something. It doesn’t matter whether or not it is part of a subset called ‘exculpatory’. As for the stuff about pacifists and Republicans, I read it a few times, and still do not know what it means. And, I am baffled by your statement that where motive is reasonable and understandable (such as defending your life), it no longer exists. Que?
You are correct in picking me up on the use of the term ‘hung jury’. I apologise for that. My point was that it gives jurors who are not comfortable with either a conviction, or an acquittal, a third option. In a group of 15, that provides a worthwhile alternative in cases where most members are unconvinced by the cases of both the prosecution and the defence.

Anton
March 14, 2011 2:15 pm

johanna, read this article about the murder of the Israeli family the other day. Mother, father, and three children, including a baby. It includes priceless examples of Muslin deception: quotes from one press release for the West, in which the victims are referred to as victims, and another from the same organization for fellow Muslims, in which the victims are nastily referred to Zionist usurpers. The letters from Muslims praising the murders are also instructive.
http://www.powerlineblog.com/archives/2011/03/028596.php
Quoting a dictionary means nothing. Actions speak louder than words, and in this case, one set of words speaks far louder than another. I don’t know of religionofpeace.com, which I don’t go to, is a hate site, but I think you’re living in LaLa Land if you refuse to face reality.
And talk about cherry-picking. Your quote from the Koran is hilarious. Go buy a Koran and read the whole thing, and then come back here to tell us how wonderful and truthful Islam actually is. Remember the infamous “Satanic Verses?” And keep in mind, it wasn’t written three thousand years ago, either. The policies it advocates are in effect in the most of the Middle East today, where people are still stoned to death, where homosexuals are burned alive, and were women and animals are treated like dirt.

March 14, 2011 2:51 pm

Thanks, Willis.
One need is for better law. “Hate crime” is an example of going in the wrong direction, it is legislation by concretes instead of principles, thus does not protect individuals and will always be behind the creativity of psychologically troubled persons.
Another is better voters (there’s an ambitious goal? ;-). Voters elect the politicians who appoint judges who ignore the constitution, which was the problem with racial discrimination in the SE US (look at, for example, the case of a legal challenge to Louisiana law by a young man, financed by a transit railway company who did not want to segregate but were forced to by local law). Somehow the Declaration of Indpendence’s “self evident” wasn’t in the minds of voters who elected the dishonest control-minded politicians.
(Note that opposition to the Vietnam war had three elements that were usually confused together:
– conscription (the military draft), which is morally wrong
– whether or not the mission was worth the effort (the Communists were of course wrong, but there is not a duty to fight every case)
– motives of the objectors (were they resisting the draft or promoting Marxism?).
In both “hate crime” laws and climate alarmism we are dealing with collectivism rather than individuals, but worse we are dealing with bad thinking.
Hate comes from many reasons – an individual may hate a parent for some reason (whether valid or not), Marxists hate business people (because they believe in fixed pie economics and do not value the mind), environmentalists hate consumers (because they believe in fixed pie economics and they believe that humans are not capable of acting for good, or worse they hate humans intrinsically). Typical “hate crime” law covers only the tribal type of collectivism – attacking someone because of a characteristic or belief of the attacked individual that is the same as a number of other people (skin colour or religion (such as the attack on a Jewish centre in Seattle by a Muslim person)). But does “hate crime” cover the vicious attack on a young man in Esquimalt BC because he had a red jacket on – he was dressed up for a date, some individuals assumed he was a member of a rival gang of young thugs so beat him up severely? What about Kick A Ginger day (which some idiot invented and some mindless students acted on)? What about gratuitous attacks that are common today – no motive toward the attacker per se, just choice of victim on opportunity? How does motive matter to the victim, who is maimed or dead? A problem with collectivist approach to law is that it leaves individuals without protection of the law.
Of course in climate alarmism we are seeing “circling of the wagons”, protecting the dishonest “climate scientists” in order to somehow save the collective thus their mission. (Note the frequent use of “consensus” as a reason people should believe alarmists. Note the attempt to redefine the term “scientist” to exclude their critics. Both tactics come from the bad philosophy underlying their movement, one founded in a negative view of humans.)
And those who oppose climate alarmism aren’t always decent people. One of them, a retired climate scientist, has links to racist articles on his web site. Obviously I want nothing to do with him.
As for “civil disobedience”, which is often not very civil in nature, note the case of a prominent alarmist scientist being arrested for protesting against a coal mine.
But beware that you may be guilty of “thought crime”: http://www.capitalismmagazine.com/law/6319-court-endorses-thought-crime.html

johanna
March 14, 2011 3:32 pm

I am in no way an apologist for Islam or any other religion, as I keep saying to people with fingers in their ears saying ‘la-la-la.’
The fact that people use religion as an excuse for atrocities is nothing new – for a Western example that may be more understandable, look at the history of the IRA. Men, women, children, killed and maimed in the name of a perverted version of Christianity. It is always appalling and deplorable when that happens. Are you suggesting that the IRA bombers were driven by the ideology of Christianity?
My (Muslim) local restauranteurs phoned me the other day because they had inadvertently overcharged me by $10. I guess they must have missed the part in Muslim belief systems which says that dishonesty is a core value.

Smoking Frog
March 14, 2011 4:42 pm

johanna said: What a strange post. ‘Motive’ is what it is – the thing that moves someone to do something. It doesn’t matter whether or not it is part of a subset called ‘exculpatory’. As for the stuff about pacifists and Republicans, I read it a few times, and still do not know what it means. And, I am baffled by your statement that where motive is reasonable and understandable (such as defending your life), it no longer exists. Que?
Nothing strange about it. I’ll try to make it as simple as possible:
Self-defense is a matter of what the person did in what circumstances, not a matter of his motive for doing it. Only a crazy person, or perhaps not even a crazy person, would defend himself without having the motive of self-defense. The radical pacifist who defends himself without having a motive of doing so, but with having another motive (to get rid of Republicans), illustrates this. He defended himself regardless of his motive.

kcrucible
March 14, 2011 5:33 pm

My (Muslim) local restauranteurs phoned me the other day because they had inadvertently overcharged me by $10. I guess they must have missed the part in Muslim belief systems which says that dishonesty is a core value.

Not that it’s a core value, but that it is permissable if it allows you to accomplish a permissable and praiseworthy thing. Stealing isn’t praiseworthy. There is no noble means attained by the sin.
There are numerous quotes where Mohammad basically attests that the ends justify the means. That’s a rather unique feature in a religion. In many respects Mohammad is nearer Sun Tzu than Jesus. That’s only an insult if a person chooses to take it that way.

Anton
March 14, 2011 6:45 pm

johanna says:
“Are you suggesting that the IRA bombers were driven by the ideology of Christianity?”
No, I never said anything remotely like that. How you’ve managed to conflate the behavior of Stone Age religionists with the Irish political situation is beyond me. The Koran demands stonings, beheadings, and murders of all kinds, which many Muslims obediently engage in; the New Testament does not. Mohamed butchered hundreds and hundreds of innocent people; the Jesus of the Christian myth never killed anyone. Mohamed married and had sex with a little girl. Jesus didn’t.
I’m not a Christian, but I do know the difference between Christianity and Islam, and if you don’t, that’s your fault. But, since you don’t, you really should not be expounding on the imagined innocence of Islam or trying to pick a fight in its defense. You’ve completely ignored the fact that every Muslim country is barbaric by Western standards, and not one of them has a system of human rights remotely equivalent to ours. As a female, you would no rights in most Muslim countries, but if that’s okay with you, go for it.
Islam seeks world domination and the installation of a global theocracy. In the year 2011. Now. Christianity does not; Judaism does not; Buddhism does not; Hinduism does not; Bon does not.
Muslims routinely murder Buddhists, Hindus, Christians, and Jews. They destroy Buddhist temples, bomb churches and synagogues, and blow up all kinds of buildings for Allah’s sake. They do this somewhere almost every day. They strap bombs on their own little children, including retarded children, and send them into Jewish neighborhoods to become martyrs. Can you name any other religionists who do these things?
And don’t try to accuse me of hate speech. Facts are not hateful, though they may be hideous. I’ve never set out to hurt anyone in my life. But, you’ve made a point of defending Islam (even though, by your own admission, you don’t know anything about it), and of calling a critical Web site a hate site. Has it occurred to you that perhaps the people running that site know infinitely more about the subject than you? That perhaps they’ve had bad personal experiences that have shaped their views?

Pamela Gray
March 15, 2011 5:15 am

But, Willis, the rest of the religions allow us to be forgiven for our lies next Sunday with little more than a contritely said, “Sorry, my bad” (not that I’m complaining about that). That makes for a bit of parity here. We are forbidden but apparently serve little time for our foibles. While Islam allows lying under certain circumstances, you’ld better get those circumstances right or face getting your lying tongue cut out of your mouth. There had been times, as a mother of three teens, I was ready to be radicalized.

Brian H
March 16, 2011 10:34 pm

George M says:
March 13, 2011 at 1:18 pm

If there’s even a smidgeon of political justice about, his party will be held to account for generations with having, with malice aforethought, foisted Obama on the country.

johanna
March 17, 2011 4:07 am

‘How you’ve managed to conflate the behavior of Stone Age religionists with the Irish political situation is beyond me. The Koran demands stonings, beheadings, and murders of all kinds, which many Muslims obediently engage in; the New Testament does not.’
I didn’t mention the Bible at all – but since you raise it, the Old Testament is full of blood curdling stuff about smiting one’s enemies. I notice that you confine your remarks to the New Testament. Does that mean that you only subscribe to the bits of the Bible that you agree with?
Willis, asking me to put up an alternative to a hate site is exactly the kind of tactics you deplore elsewhere. It’s a hate site. It’s a load of bull. Why do I have to put up an alternative to ‘prove’ that – like why do people in the climate change debate have to put up some sort of alternative to prove a null hypothesis?
More broadly, suggesting that Islam (and therefore all its members and associates) is based on deception is uncomfortably like the old rag that said that Communism (and therefore all its members and associates) is based on deception. The notion that hundreds of millions of people all got together and agreed that systematic lying was the way forward for the world is just ludicrous. Russia and Eastern Europe are currently undergoing a huge renaissance of Christian religious observance, despite nearly 100 years of repression. I guess they were ‘commies’ that didn’t get the message. Then, there were lots of people who didn’t care about politics, or religion, and just went along to get along. No sign that they fell for the ‘lying’ ideology either. The apparatchiks lied like they do in every political system.
The ‘pure’ Communist ideology did not condone dishonesty in ordinary human relations. The ‘pure’ Islamic, Christian, Buddhist, Jewish or any other religion of note’s beliefs, do not either. It’s a pragmatic thing – people cannot get along if there is not a basis of trust.
If you think that ordinary Muslims go about life uniquely thinking that they have a free pass to lie to infidels – spend a few days in Vegas, and find out what lying to suckers is all about. Then, go to Washington, and discover the nature of truth.
If Christians took the Old Testament literally, your comments about aggressive, warrior behaviour, would be at least as applicable. Fortunately, the vast majority of Christians and Muslims, and members of other religions, are not running around lying because of their faith, or declaring war on other faiths.
You bailed me up for quotes to prove that Islam does not condone lying, and I provided them. Now you say that their holy books provide ample evidence of warlike sentiments. OK, provide them – but I will be able to provide plenty of quotes involving smiting and such from the Old Testament. What will that prove?
Suggest you have a quick look at the history of the Crusades before and if you post again on this topic. There is no patent on stupidity and atrocities committed in the name of religion.
While I am here, for the PP who raised the issue of women’s rights – just how long ago was it accepted that a married woman could be raped by her husband in your jurisdiction? Stone Age times?

johanna
March 21, 2011 9:58 am

Note I’m not saying Islam is bad. It is schizophrenic, which is a very different thing. Those that follow the good half of Islam are generally decent folks, although apparently the transient sight of a woman’s thigh gives them the vapors, and an unclothed breast causes insanity among even the best of them …
—————————————–
I enjoy a good argument, as you obviously do, without malice. But, just as you talk about the ‘schizophrenic’ (which is inaccurate, but I assume you mean split or opposed) nature of Islam – surely the Old and New Testaments are the same thing?
I notice that you talk about Christ and the NT when differentiating Christianity from Islam, while carefully excluding the Old. For good reason, I suggest. Muscular Christianity has a long and strong tradition.
The cheap shot about women’s thighs would not have played so well in Christian America or England 100 years ago, where people pretty much believed the same thing. Indeed, most of the tut-tutting about the backwardness of Islam about women’s rights would not survive historical comparisons with Christianity for anyone who has a memory longer than that of a goldfish. Women, for a while, did not have souls. Later, they simply couldn’t own property, vote, or be raped in marriage.
Suggesting that the West benevolently handed women equal rights because of its moral superiority (or slaves their rights ditto) does make one wonder – if it is so self evident, how come it didn’t come with the package in the first place?

1 7 8 9