Double Standard

Over the past year, there have outbursts of sporadic violence as a result of police actions regarded as excessive by American blacks, many of which have indeed proved to have been excessive. These outbursts have been followed by at least some political efforts to improve police behavior and tactics in a number of locales, but they have also resulted in some locales in higher crime rates because of local police deciding to patrol less aggressively. All of these instances deal with one side of the “justice problem” — the perception, and in many, but not all, cases the fact that the law and law enforcement appear targeted more intently on poor and minorities.

In one basic sense, any form of punishment for criminal behavior will fall more heavily on the poor and disadvantaged. If someone lives from paycheck to paycheck, or doesn’t even make enough money to get from paycheck to paycheck, any fine, any time in jail, even any requirement to take time off from work to deal with charges or citations – any of these are a far harder burden on the poor and minorities than upon middle-class or affluent Americans. Interestingly enough, some Scandinavian countries have recognized this to a degree – and wealthy individuals there can receive mere speeding tickets with five-figure fines, based on the rationale that such high penalties are equivalent in impact to much lower fines for poor or less affluent speeders.

At the same time, over the same period, I’ve watched how “justice” deals with certain white and more affluent Americans, such as Cliven Bundy, the rancher who refused to pay over a million dollars in overdue gazing fees to the government, fees that, to begin with, were a fraction of what private landowners charge for leases. Bundy gathered a militia and forced a stand-off with the BLM, who relented and released the cattle they had been seizing for non-payment… and so far, roughly a year later, from what I can tell, the BLM has done nothing.

Now, Bundy’s son, Ammon Bundy, leads another “militia” group that has seized and occupied a Fish and Wildlife Service building at the Malheur National Wildlife Refuge in Oregon. Ammon Bundy and this group vow to stay there until the federal government returns federal lands “to the people” and that the government release two ranchers jailed for arson and other offenses on federal lands, despite the fact that the lands have always been federal lands, and before that they belonged to the local Native American tribes. If the government acquired those lands by fraudulent means, which Constitutional scholars agree it did not, then the lands should revert to the local tribes, not to white ranchers and loggers. Yet, so far, the federal government has done nothing to deal with young Bundy and his backwoods white toughs.

After County Commissioner Phil Lyman illegally not only rode an ATV through a federal roadless area, and one of the protected and most sensitive archeological sites in the state of Utah, but also organized and championed that ride, he was fined and sentenced to ten days in jail – and the state legislature commended him and attempted to pass legislation to reimburse him for his legal bills.

The Bundy and Lyman cases are certainly a far cry from the “justice” received by all too many of those far less affluent, and what bothers me is that these are just examples of what happens every day. That’s not to say that I’m unabashedly in favor of anywhere close to all the recommendations made by the more extreme of those in the “black lives matter” movement, but the plain fact is that if a group of black men had behaved the way Phil Lyman or either of the Bundys have, they’d almost certainly been dealt with far more strongly. I can’t imagine an armed black lawbreaker owing the federal government millions of dollars confronting government officials with high powered weapons, being allowed to continue to refuse to pay what he owed, and being allowed to continue his lawbreaking unimpeded.

Some of this “double standard” rests on political beliefs. White environmental activist Tim deChristopher, as I chronicled earlier, submitted a fraudulent bid to lease oil and gas rights on federal lands,in order to keep the lands from being despoiled,and was sentenced and served 21 months in jail, despite the fact that, even before he was sentenced, the U.S. Solicitor General had voided the lease sale as illegal, while the same “justice” system merely sent Phil Lyman to jail for ten days, although Lyman destroyed archaeological artifacts and flouted federal law, while deChristopher’s acts cost the public and the public welfare very little.

All this tends to suggest strongly suggest that affluent and well-connected white conservatives definitely are treated ultra-leniently, unless of course they fraudulently take money, or threaten to do so, from ultra-wealthy white conservatives… and then, of course, all bets are off.

More on Statistics

It’s not often that a F&SF writer can use one of his own books to show the shortcomings of statistics. However, as I write this, Solar Express has an “average” rating of three stars [3.2 stars, to be more exact], yet precisely one reader has given it a three star rating. Fifty-nine percent of the reader reviewers like it fairly well or a lot, and thirty-eight percent dislike it a little or a lot. So much for averages.

Yet as a society we tend to rely on statistics, all too often without really understanding what they mean. How often have you read a news item that states that eating something or using a certain product will increase the likelihood of getting cancer, or diabetes, or something else horrendous by ten or twenty or even a hundred percent? Yet do these statements ever point out the baseline risk?

For example, some advocates of using statin drugs [such as Lipitor] claim that use of statins reduces the incidence of heart disease by 50%. According to clinical studies over any five year period, roughly 2% of American males in the 50-60 age group will suffer a non-fatal myocardial infarction. Studies also show that statin use will reduce that rate to one percent. That is indeed a fifty percent reduction rate, but it’s only an actual risk reduction of one percent. Other studies showed that the decrease in mortality from fatal heart-related factors was offset almost completely in patients older than 70 by a corresponding increase in cancer deaths. But unless you or your doctor read the fine print in the studies, all you’re likely to hear is the fifty percent reduction in heart events. And if cancer runs in your family… well, you just might be better off not jumping at that “50% reduction.”

And take family income. In 2014 average [mean] family income was $72,641, but the median income [the amount where half the families make more and half make less] was only $51,939, or $20,702 – 40% less than the average. As a result, actually, about 67% of U.S. families make less than the “average.” Nor do such averages consider that one third of all American families live “paycheck to paycheck” and that 66% of those families are middle class with a median income of $41,000, well below the “average” family income.

Or take firearms. While there are 88 guns for every hundred Americans, all those firearms are actually in the hands of 43% of U.S. households.

Or… if you look at the Amazon stars, Solar Express is just an average book, despite the fact that only one person thought so.

Justice

Martin Shkreli has been arrested. The man who took over a generic drug selling for $13.50 a pill and who then raised the price to $750 a pill has been charged with fraud and other financial crimes, essentially defrauding those who had money to invest in his fraudulent and money-losing hedge funds.

Yet under our laws, he can’t possibly be charged with price-gouging those who needed Daraprim order to survive, although he even claimed that he made a “mistake” in setting the price at $750 a pill, because that was “too low” and that he was behaving altruistically because Daraprim was unprofitable at the old price. Even those with insurance coverage would have ended up paying $150 a pill. In his next move, Shkreli led an investor group to take control of KaloBios Pharmaceuticals, where Mr. Shkreli agreed to license the worldwide rights of a drug used to treat Chagas’ disease, a potentially deadly parasitic infection – but at a much higher price. And, of course, most of those infected won’t be able to pay that price, which will either result in more deaths… or in gouging the public health agencies that treat such infected individuals.

Shkreli’s acts and the way the law treats them are just another example of how U.S. justice has gone overboard in recent years in “protecting the market system” – the ultra-capitalistic market system. Now, I freely acknowledge that any workable economic system has to have a capitalistic/market basis, but when the ultra-rich pay a smaller percentage of their income in taxes than do middle-class wage earners, when basic health care becomes increasingly less affordable for tens of millions of Americans [and when the Republican response is essentially to declare that requiring healthcare insurance is the cause, rather than a symptom of an unnecessarily overpriced private health care bureaucracy], when maximizing profits at any cost, regardless of the social and environmental costs to everyone else, has become a “necessity” for executive survival in the corporate world, doesn’t it seem that a few changes in the legal, regulatory, and taxation structure might be a trace overdue?

And if those changes aren’t made…

When the laws protect only those who have money, and it doesn’t look like matters will change, it may not be all that long before those who don’t have massive wealth decide to take matters into their own hands… and bring the entire system down. Such events have occurred more than a few times before. And I’m sure that most of the Russian and French aristocracy felt that such an uprising was nothing to worry about.

Success

“Would anyone consider Einstein merely a ‘successful scientist’?” I don’t remember who said or wrote words to that effect, but that question has stuck with me for years. And it’s even more relevant today, I believe, than ever. Just what is success?

The first two dictionary definitions I came across were: “a favorable or desired outcome from something attempted” and “attainment of wealth and fame.”

A favorable or desired outcome. That sounds so milquetoastish…almost pedestrian. It’s not exactly soul-inspiring, and what does being rich and famous have to do with real accomplishment? Is “success” just settling for comfort, as opposed to striving for something more?

Is the United States too focused on success, especially as opposed to greatness? When I was young, people had dreams of great achievements, of being President, or a doctor or astronaut, of writing the great American novel, or coming up with a cure for a horrendous disease. I can’t recall anyone who just wanted to be rich or famous. Or of being merely a successful doctor or dentist or teacher or whatever.

Then again, world-class achievement is getting a bit harder to accomplish. Everest has been conquered, and now it’s just another mountain that hundreds if not thousands have climbed. Astronauts have walked on the moon, but not for more than thirty years, and exceeding the speed of sound in an aircraft is so passe that we’ve abandoned the only supersonic passenger jet because it was too expensive, just as manned space exploration has been put on the far back burner for the same reason – despite all the hoopla about The Martian and the record-breaking opening weekend gross of the latest Star Wars movie. Even the New Horizons mission that recently reached Pluto and sent back breath-taking images was launched over nine years ago, and I’m not aware of anything that ambitious in the works in even the unmanned exploration programs. And given that the comparatively low-budget New Horizons mission was begun roughly fifteen years ago, that suggests no “great” achievements in space exploration are likely or even possible for 20-30 years, despite a series of “successful” smaller missions.

Once upon a time, composers were truly celebrated for their works, but today in the music world great success doesn’t mean great musical work; it means great financial returns, and works that show musical excellence seldom are those that generate enormous financial returns. In pharmaceuticals, success isn’t measured so much by discovering drugs that “cure diseases,” but in finding blockbuster drugs that yield billion-dollar returns. In business, success isn’t building an outstanding product, but building one that makes billions, and whether it’s outstanding is very much secondary. In politics, success is getting and holding office, not what one accomplishes through that office.

In short, today’s “success” seldom, if ever, reflects great or lasting achievements, and I find that sad and worrisome.

Too Much in the Moment

Much has been said about “living in the moment,” and there is in fact some truth to the need to live in the moment, simply because we cannot undo what has happened in the past, nor can we do much about the future, except prepare for it, and there is such a thing as over-preparing for a future that may never come, or a future that bears little resemblance to what we’ve predicted or imagined.

Unfortunately, as many wise individuals have declared, the past and history have a tendency to repeat themselves, or at least rhyme, as Mark Twain put it, and the saddest and truest rhymes are those based on human failings. This unhappy truth has a great bearing on one of the greatest weaknesses in current U.S. culture and education – the lack of knowledge and understanding about past U.S. culture and history by younger Americans, and an almost total ignorance of even recent past world history. The failing is compounded by a great lack of knowledge of basic economics and politics and an over-emphasis on present-day culture and instant satisfaction, supplied in large measure electronically.

What most young Americans know about Hitler, for example, is that he killed a great many Jews [and some even doubt that] and started World War II. Most cannot explain either World War I or World War II. Nor do they know anything about the student protests surrounding the Vietnam War. They don’t know and can’t explain the factors underlying the Russian Revolution, and the Great Depression is essentially two meaningless words to them. Oh, they may be able to cite various dates and events, but understanding is almost nil – and irrelevant to them.

On the other hand, most can recite from memory an incredible array of present-day trivia. They’re glued, if not welded, to their smartphones. Most of them are against any form of discrimination, which wouldn’t be so bad if so many of them didn’t confuse unpleasant facts and honest discussion of difficult ethnic and racial issues with hate speech. They don’t, in general, like learning facts and situations contrary to their beliefs and hopes, and they avoid doing so as much as possible. And to make matters worse, far too many educators are indulging this incredibly childish view of the world.

In short, most of today’s younger generations are largely living in the moment, shutting out the lessons of the past and ignoring the future ramifications of what is happening now. Oh, a significant percentage of the top ten percent of students and young Americans, perhaps half, don’t fall into this categorization, but, as history shows, five percent isn’t enough to save a nation against the ignorance, the indifference, and the self-centered anger of the remainder, or to stand against a revolution of the disappointed when the satisfactions of the “moment” vanish, possibly for generations.