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Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

A bad day for British justice

Earlier this year the British government overturned the old “double jeopardy” rule, that previously meant that a person could not be tried twice for the same offence. Today, Reuters reports that the first case of a man to face jurors for a second time for the same alleged crime is to go ahead.

This is another step down a slippery slope, precisely because the argument for ending the rule is so seductive at first glance. It is possible to sympathise with victims or relative of crime victims who see a person whom they think has gotten away with it. Many years ago in the course of my then job, I watched several court cases in my native East Anglia and saw people get away with crimes on technicalities. It was maddening.

But – the double jeopardy rule existed for a reason. If people can be repeatedly tried for the same crime, it creates a potential very bad and unintended consequence: police and the Crown Prosecution Service will become lazy in the preparation of cases. Why bother to get a case presented as powerfully as possible and with as much care if you think that if X gets acquitted, one can always have another go, and another, and another….?

The potential for abuse of power from double jeopardy is at the core of why the rule exists. The law in the United States was based on the English model. Hard cases, however appealing, make bad laws, as they say. This is a bad day for justice in Britain. There have been a lot of them lately.

Media meltdown

Hollywood Director James Orr points out some interesting factoids about how megacorporate movieland is seeing the game shifting before their very eyes.

The internet changes everything… we just do not know precisely how yet.

Norman Lebrecht discovers DVDs

Hark! Hark! It is the sound of Norman Lebrecht hitting nails on their heads, but also his fingers and thumbs, leaving blood everywhere:

Film has become fact on DVD. It has left the cinema and joined us for drinks, an emancipatory moment for the last of the great western art forms. Books and music have always furnished our rooms, but to have film as a point of home reference, like Oxford English Dictionary and the complete works of Shakespeare, signals a revolution in cultural reception and, inevitably, creation.

It will, for instance, make it that much harder for Hollywood to remake its own milestones when half the world has the originals to hand for instant comparison. The Manchurian Candidate (1962), with its dream cast of Frank Sinatra, Laurence Harvey and Janet Leigh was unlikely to be bettered by Jonathan Demme’s 2004 reshoot with Denzel Washington, Liev Schreiber and Meryl Streep. But if anyone had foreseen that the original DVD would be around in the public hands, Demme’s studio would never have raised the finance, let alone the enthusiasm, for an otiose update.

Lebrecht is right about DVDs having been a big change. As usual he has a nose for a big story. Read the whole thing, as we bloggers say. But the original Manchurian Candidate has been out for years on DVD. I owned it on DVD ages before the Denzel Washington remake emerged.

One of Lebrecht’s several follies here is to imagine that all generations are like his generation, and that all generations will thrill to Bergman and Godard just as his version of his generation did. It is hard for old crusties like him, or like me, to imagine a world in which a whole generation has grown up neither knowing nor caring about The Manchurian Candidate, the original one, the proper one, with that woman who now does Murder She Wrote on the telly playing the Evil Witch Queen, but there it is, such a generation now exists, and there is business to be done. Curious oldies who want to see the remake or own the DVD of it, just to check it out and to be able to sneer at the new version having actually seen it, will add a few thousand bums on seats and a few hundred thousand in DVD sales. Meanwhile the plot is a proven entity, Denzel Washington is a proven star, and Meryl Streep, who brings an older following with her, fancies doing a turn as the Evil Witch Queen, knowing she won’t come near the Murder She Wrote woman, but hypnotically drawn to the part nevertheless. So, the project can go ahead.

And millions of Young People These Days will actually prefer it to the original! It is, for starters, in colour instead of black and white. And Laurence Harvey? He was not everyone’s Anglo-American cup of tea even the first time round, I can assure you. → Continue reading: Norman Lebrecht discovers DVDs

The Official Mind is a dismal thing indeed

Want to see a splendid example of verbosity when the simple word arse (or even ass) would have sufficed?

Samizdata quote of the vote

“We are not living in a police state”

Tony Blair, asking MPs to support police detention without charge for up to 90 days.

Never believe anything until it has been officially denied.

Samizdata quote of the day

“So promoting wealth creation – at home and abroad – means changing the climate of opinion so that politicians and bureaucrats who argue for measures that damage business and economic competitiveness are less likely to succeed. In short, we need to campaign for capitalism. To promote profit. To fight for free trade. To remind, indeed to educate our citizens about the facts of economic life. The message is simple – you cannot win the battle against red tape unless you win the intellectual and cultural battle for open markets.”

David Cameron MP

It may be the economy, stupid

Joel Kotkin, in a fine article at the Wall Street Journal, draws out these telling facts on the European economy’s lousy job-formation record in recent years:

Since the ’70s, America has created 57 million new jobs, compared with just four million in Europe (with most of those jobs in government). In France and much of Western Europe, the economic system is weighted toward the already employed (the overwhelming majority native-born whites) and the growing mass of retirees. Those ensconced in state and corporate employment enjoy short weeks, early and well-funded retirement and first dibs on the public purse. So although the retirement of large numbers of workers should be opening up new job opportunities, unemployment among the young has been rising: In France, joblessness among workers in their 20s exceeds 20%, twice the overall national rate. In immigrant banlieues, where the population is much younger, average unemployment reaches 40%, and higher among the young.

Kotkin goes on to contrast the lack of entrepreneurial (good French word, ironically) vigour in countries like France with that in the United States. There are plenty of other statistics to back up his points, but you get the general idea.

As the French rioting has gone on, I remain to be completely convinced that we are seeing some sort of European “intifada”, as a number of commenters on this blog and other blogs say. Islamist radicalism may not be the primary cause, though it is a contributing factor, no doubt. I do certainly see the frightening potential for radical Islamists to exploit the situation and turn it to their own ends. This may already be happening. But I think the primary problem has been a refusal of the EUropean political elites to realise that the Big Government, and a highly protected labour market is a recipe for disaster and alienation. Coupled with the slowing dynamic of a greying population, falling economic growth and so forth, you have a serious problem of a stagnant economy. For example, the article I cite goes on to point out that hundreds of thousands of young Europeans now work abroad, in the U.S. and in Britain, since the work opportunities are so much better. Left behind is an increasingly state-dominated workforce and a huge population of tax-eating bureaucrats and welfare recipients. Not a great foundation for social peace.

Magnus Linklater, meanwhile, points to a worrying trend in Britain of young thugs hurling stones, firing rockets and other projectiles at firefighters in the course of their work. There have been hundreds of these incidents, many of them hardly reported in the media. Only a few years ago, firefighters were heroes, widely praised by all. Now they are almost routinely attacked in the tougher parts of this country.

Stupid Poofs!

Paul Coulam sees that a contempt for private property leads people to do some very strange and self-defeating things. Free association? Not any more.

Amazing as it may seem the government has today banned ‘gay clubs’ as a result of campaigning from the gay lobby.

According to the Times:

Hoteliers, bed-and-breakfast owners and pub landlords will no longer be able to bar gay people from their premises under new laws to be announced today […] The Government will accept today an amendment to its Equality Bill that will outlaw discrimination on grounds of sexual orientation in providing goods and services or organising public functions. The amendment […] will also mark the end of gay or lesbian-only clubs because bars and nightclubs will no longer be able to turn away straight people.

How stupid can these people be? Many gay businesses survive as such only because they can so explicitly discriminate, especially in their advertising. This ridiculous new law will be a very serious threat to the continuation of a ‘gay scene’ in many towns across the country. It is tricky to foresee all of the unintended consequences of this one. Gay clubs operate varying degrees of explicit discrimination depending on the locale or type of club. The strictest hard core gay cruise clubs generally operate a ‘men only’ door policy, which does the trick, but this itself may be or may become illegal – who knows what horrors of forced integration are still to come?

However many of the more general gay dance clubs operate what they advertise as a ‘gay majority policy’ which is usually employed to refuse entry to large parties of girls only. Gay clubs are often the best clubs in a particular town and tend to attract groups of girls who want a night away from predatory straight men. Of course the large numbers of unwary girls in these clubs itself attracts the straight men and before long the club has lost all appeal for gays. In the case of hotels there are lots of hotels in various, often remote, parts of the country that offer gay only accommodation and advertise as such. Will such advertising be illegal? In the short term after this absurd bill is passed clubs, bars and hotels will continue to operate discrimination informally but all it will take is some petulant activist or a council with a bee in its bonnet or some obsessive bureaucrat to stick their oar in to ruin some particular venue or business.

Let virtue reign

The headline really says it all:

‘Safer Cigs’ Condemned

But I will copy and paste the first few paragraphs of the story anyway:

Anti-smoking campaigners are fuming at the development of a “safer” cigarette designed to reduce the risk of cancer and heart disease.

British American Tobacco (BAT) is planning to use a new filter system which removes more toxins but still allows nicotine to enter the lungs.

The new brand – which could be launched next year – would look and taste like normal cigarettes.

But John Britton, a professor of epidemiology at Nottingham University, told The Daily Mirror: “These new cigarettes could be more like jumping off the 15th floor instead of the 20th.

“Theoretically the risk is less – but you still die.”

Whereas, we happy persons who do not smoke may confidently expect to live for ever. Oh yes.

My thanks to Mark Holland for the link to this piece.

This argument reminds me of the one that also rages about contraceptives, ‘safe’ sex, and so on. On one side you have people saying that surely safe sex is better than just plain old sex. On the other, you have people blaming contraceptives, because these are by no means totally safe, and only serve to excuse and encourage the evil thing itself, sex intercourse, with all its attendant dangers.

Both arguments have some force. But if you think that with that comparison I am trying to put all obsessionally controlling puritans in the same box, labelled “Obsessively Controlling Puritans”, you are quite right.

Still, I suppose it is better to have people roaming the earth pursuing their moral equivalents of war than to have people actually fighting wars.

You could argue that we here at Samizdata do the same, but that we just pick on different sinners, such as obsessionally controlling puritans, and different sins, such as obsessionally controlling puritanism.

The difference is that we are correct! Oh yes! All violations of freedom of choice are dangerous, and it is no excuse to say that you have found a way to violate freedom rather less than before so that’s alright then! Oh no! Let virtue reign unsullied!!

Amen and have a nice day.

Police raid suspected terrorist gangs in Australia

Seventeen people have been arrested in Sydney and Melbourne and charged with various offences with relation to an intention to commit terrorist attacks on Australian targets. Police found chemical stockpiles in their raids which were similar to the sort used in the London bombings in July.

There is no indication as yet as to what the terrorists had in mind as targets, but it does appear as if the groups had reached an advanced stage of planning. As a result, a co-ordinated surveillance effort of 18 months was turned into a massive police operation involving domestic security services, the Australian federal police and state police forces. They swooped in co-ordinated raids to apprehend the suspects.

The suspects all appear to be followers of one Abdul Nacer Benbrika, a radical Muslim cleric based in Melbourne.

This is a major tactical victory against terrorists in Australia, because it demonstrates the ability of police and security agencies to effectively counter bomb-making efforts before they have a chance to succeed. Islamist extremists who wish to strike in Australia now clearly know that they will have to devote greater efforts to security and that in turn means less efforts can go into creating mayhem. This in turn means that international groups are less likely to devote resources like bomb-makers, money and propaganists towards a ‘hard’ target like Australia.

In the long term, though, it is nevertheless of concern because this affair reveals that even in faraway Australia, Islamic hatemongers can find willing tools that can be manipulated into fulfilling their murderous fantasies. Until the hatemongers are stopped, it seems that the terrorism will continue, with all the loss of life, liberties and humanity that follows.

Samizdata quote of the day

As masters of their estates, the rioters cock their legs and piss molotovs to provide the reek of burnt plastic that serves as their territorial marker.
Philip Chaston

Why don’t you stop rioting and just go joyriding instead?

If I were a member of the alienated army that shared Guy Fawkes night with the French on November 5th, as part of their general celebration and indulgence, wouldn’t cars present an opportunity to joyride? How clear that these hotheads, raised in a political culture of entitlement and spectacle, now turn against their patron and paymaster. Schools, buses, hospitals and cars are destroyed to preserve their imprisonment and immobility. As masters of their estates, the rioters cock their legs and piss molotovs to provide the reek of burnt plastic that serves as their territorial marker.

The puzzled onlooker will wonder why it took a damp November rather than a hot July or August. Everyone gets more attention during the busy autumn when some of the French population deigns to work for a living. Now the lighthouses of punditry highlight hubris expunged from the once proud Gallic rooster and the smart riots of the European intifada. Some may fly the flag of Eurabia as their singular explanation for this tinderbox.

Yet the answers lie in crappy suburbs where the height of social mobility is raking money as a drugs and dole prole. The state is an absent employer, white, French and a danger to profits. Where economics provides motive to keep out the state as a threat to the monopoly of drugs and Islam, politics and terror will probably follow.