I think we know that, yes, data mining and surveillance could have stopped this – depending, of course, on the intensity of such a program – it might not be “feasible”, politically or financially, but technically, I think there’s a very good chance it would detected him. Whether the police would/could have intervened and prevented this short of simply arresting him for his “Pre-Crime” frame of mind is another question.
So, the larger question remains – how much personal liberty will people give up, (knowingly or unknowingly), to achieve this state of “pre-crime detection?”
A lot of people are willing to give up their rights, (and other people’s rights), to, for example, buy and bear arms. Ok. But I suspect these same people would be outraged to learn that their cell phone conversations are monitored, or their purchases are cataloged in a government database, or their e-mails are surveilled. These latter examples are what it would take to stop a Holmes.
Because this guy was an exceptional case. He was motivated, for whatever reason, to kill random people; his weapon wasn’t the point. Making it more difficult for him to buy guns and ammunition wouldn’t have done a thing to curb his ambition – almost certainly, he would’ve found other, and perhaps more lethal means to achieve what he did – I seem to recall a scene in the Batman movie wherein “The Joker” blew up a hospital, and attempted to blow up ferries full of people. What if decided to cue off of those scenes?
What next, do we ban gasoline purchases? Fuel Oil? Propane? There’s plenty of information on creating explosives out there – remember Rudolph, McVeigh, and Kaczynski? They didn’t buy their materials at “Bombs R’ Us”, you know.
Where does it end? Over 10,000 people a year die to firearms homicides in America. Over 10,000 people a year die in alcohol-related vehicle crashes. And who knows how many of these intersect – that is, how many gun deaths involved the use of alcohol?
So, the answer’s obvious – ban alcohol and guns, ammunition and gasoline.
’cause that worked so well the last time we tried it, right?
I’m not suggesting we just throw up our hands and say “That’s the way it is, nothing to be done about it.” But let’s not pretend that any solutions we come up with won’t have some serious secondary consequences.
And solving for what amounts to anomalies like Holmes is not the same as solving for, say, MS-13 gang killings, or drive-by’s in Chicago, or sexual predators who kill their victims, or car-jackers who think nothing of killing their victims.
Final thought – be careful about what rights you give up – because they’re hard to get back. And the erosion of rights never stops; giving up rights you don’t care about seems harmless enough, but sooner or later, someone’s going to ask you to give up a right you *do* care about.
To paraphrase Niemoller, who’ll be left to speak for your rights, when you failed to speak up for the rights of those before you?
Gun free zone. If 100 people were in the theater, and it had a reasonable approximation of CC holders, there would have been about 4 or 5 armed ready to defend themselves (and others) that might have stopped him a lot sooner than 12 dead and 30+ wounded.
A loud theater, dark room, smoke and 4 other armed people (severely under powered and unarmored) shooting…. hmmm that will work.
My guess at least 4 more shot.
Look up what the CC holder did in the Gifford shooting on a nice clear sunny day.
When people have a lot of guns already and then go crazy…data mining doesn’t help. The guy in P.G. who had collected a lot of assault-type guns. He then trash-talked to his supervisor. Without Auora fresh in people’s minds police would not have intervened. Should they have?
People descend into crazy quickly. Maybe it is drugs and alcohol. Maybe they stop taking their meds. Someone who is uncivil is not necessarily dangerous. Someone who is uncivil but already has guns makes it easy to do crazy without warning.
How, other than limiting ammo or guns, do you prevent these situation? When this issue came up in regards to cars, government mandated safety. We invented ignition locks to prevent drunks from driving while preserving their freedom to drive when sober.
Once again the irritating example of comparing driving and regulating car safety and regulating our 2A rights.
Cars are a good comparison to guns because we have a constitutional right to travel on public land but society can limit that right with regulation of automobiles because of a compelling interest in safety. (You can do almost anything you want with your vehicle on private property.) Owning a gun or a car is subject to the same trade-offs of life, liberty and the pursuit of happiness for others. People seem to get that trade-off when it comes to cars so the analogy is helpful, albeit irritating for those who think the 2A gives them the freedom to have guns without concern for the safety and well-being of others.
CASE #1: “The use of the highway for the purpose of travel and transportation is not a mere privilege, but a common fundamental right of which the public and individuals cannot rightfully be deprived.” Chicago Motor Coach v. Chicago, 169 NE 221.
CASE #2: “The right of the citizen to travel upon the public highways and to transport his property thereon, either by carriage or by automobile, is not a mere privilege which a city may prohibit or permit at will, but a common law right which he has under the right to life, liberty, and the pursuit of happiness.” Thompson v. Smith, 154 SE 579.
It could not be stated more directly or conclusively that citizens of the states have a common law right to travel, without approval or restriction (license), and that this right is protected under the U.S Constitution.
CASE #3: “The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment.” Kent v. Dulles, 357 US 116, 125.
CASE #4: “The right to travel is a well-established common right that does not owe its existence to the federal government. It is recognized by the courts as a natural right.” Schactman v. Dulles 96 App DC 287, 225 F2d 938, at 941.
Ed you ignorant sl#t, travel does not require a car, it can be done by foot, train, bicycle, aircraft, etc. Guns are not spelled out in the constitution, ARMAMENTS are. I strongly recommend a course in logic, syllogistic deconstruction to be precise. You really do not get it.
The right to travel does not mean the right to travel by regulation-free car.
The right to “arms” does not means the right to regulation-free guns.
Both are fundamental rights but a fundamental right requires regulation when it interferes with the fundamental rights of others.
Gun control is about regulating guns to prevent irresponsible owners from killing people just as we regulate cars to prevent traffic carnage. The 2A is not a trump card for dues process or the right to life.
Data mining is being done. Don’t kid yourself. What they find is sent to the appropriate agencies to deal with as they will. But understand it is not just flagged words as they also look at mindsets–crazy talk that meets a profile. I would hazard to say that if that criteria was widened to pre-empt a few “minor” freedoms, this blog would absolutely lose its most colorful commenter. I ask you, are a few freedoms worth losing Taser? Tough decision, isn’t it?
Ed,
What is explicit does not mean there are secondary implicit rights (the 10th assures us of that, even though it is regularly trampled). But secondary implicit rights are secondary rights. The rights explicitly stated are of higher order than those that are implied. So there is an explicit/implicit difference between the two. The right to keep and bear arms was considered so fundamental that the founders made it explicit. They saw the government as being very powerful, but they also knew the governments of this world can and do contain corruption. As the ultimate check on power, the founders (with the revolution fresh in their minds) put the right to bear arms explicitly within the constitution as the second most important of the rights. Order counted to people then, and the first amendment, free religion, speech, press, assembly and petition was given primacy, then the right to bear arms second only to that right … note the singular, as it is a single logical right. Do not think the founders were stupid, nor that they did not think through what they wrote.
So while I will not argue there is not a right to drive, that right is not explicit, and the authority to abridge that right has a much lower standard than that of the second.
Ashburner,
I remember just one CC holder from the incident saying that he was too far away with too many people around to do anything. From where I stand, he knew the situation and acted appropriately. A man standing in front of the theater with nobody behind him might be a different matter for many of those that have trained. There are individuals that train for such situations (security personnel at churches do from what I understand) and generally train more than the normal beat police officer. I know one such individual that has over 60 hours of such training when many police officers have 8 hours, and yearly range qualifications with no real refresher training. Many of the people at IDPA matches are police officers, specifically because it offers some amount of training beyond what the police force does. SWAT teams do get more training, but they are the exception.
I also know of a single individual armed with a small caliber handgun that was in a church in South Africa that was attached by a group of Muslim terrorists with full-automatic weapons and hand-grenades. He returned fire and the terrorists turned and ran. I’ve met him, Cherl van Wyk. His bravery and the little revolver probably saved many lives that day. It didn’t save everyone. The terrorists had already exploded several grenades, and shot many rounds into the crowded church. But they stopped when the met armed resistance. The guy in Colorado might not have turned and fled, but being shot at (even if not hit) could have been all the deterrent needed.
This is certainly a case of when seconds count, the police are only minutes away.
Brian, it sounds like you think my right to life, liberty and the pursuit of happiness is secondary to your right to have arms. That is the problem.
An explicit right does not trump a common law right documented in the Declaration of Independence. Founding fathers fought for the right to life, liberty and happiness, not for the right to bear arms. The right to bear arms had to be stated because it was a new concept. The right to travel is derived from the right to life and needed no enumeration.
ACT, are you referring to Jacob as the “colorful commentator” who should be concerned about data mining for admitted he keeps weapons in order to help overthrow the government if it becomes unresponsive to his viewpoint.
Special Ed, my right to keep and bear arms has no negative impact on your rights to life, liberty, and the pursuit of happiness. In fact, as has been repeatedly seen, reducing restrictions on law-abiding citizens’ right to keep and bear arms actually reduces violent crime, including murder.
It is all about Ed and his personal comfort level and feelings.
Well, Special Ed’s rights do not trump mine. I, too, have the right to life, liberty, and the pursuit of happiness. Since the possession of firearms contributes to my ability to protect my life (and that of my family and anyone else who happens to be around me at any given time), contributes to my liberty, and makes me happy, his idiotic discomfort based in ignorance does not trump my rights.
This is the new societal order where feelings now trump rights. Remember, we now have awards for last place that equal awards for first. Self worth thru self responsibility are now figments of days gone bye-bye.
This is the new societal order where feelings now trump rights
…and that is symptomatic of a greater societal attack on masculinity/manhood
“and that is symptomatic of a greater societal attack on masculinity/manhood”
….please note my “wimp factor” post. Apparently the Irrelevant Rag Newsweek thinks Obama is the ultimate manly man.
Apparently the Irrelevant Rag Newsweek thinks Obama is the ultimate manly man.
Of course they do. Most of his best friends and closest confidants are female. He is always talking about how we need to do more for girls’ education in spite of the fact that it is the boys that are being stomped on right now. He constantly talks about how his wife is the one in charge of the house. The entire society is being feminized. Boys are now being put on Ritalin, taught to carry “man bags”, and to suppress any spirit of competition.
If you note in my earlier posts, I mentioned that where I was growing up as a boy, it was the norm for boys to fish, hunt, and to know how to handle a rifle (usually starting at a .22) and a shotgun (a .410).
These days if you do those things with your sons, someone may call child protective services. Any healthy expression of masculinity is bad…
“Man bags” are not unmanly!! Mine currently holds three revolvers (sorry, you semi-auto fans — I do shoot them too, but I hate chasing brass), two sets of ear and eye protection, and about 200 rounds of ammo.
But where do you keep your credit cards and cash, Jack?
My husband has a bag he uses when we undertake one of those hellish ventures known as family travel by air, where we all need to have all of our papers handy at all times for all gates, wands and patdowns, but he calls his a “murse”.
In my POCKETS, Act. You see, just before the 1900’s, someone came up with the idea of putting pockets on PANTS. Perhaps you should update your wardrobe.
That’s funny Barbara. I’ll leave it up to ACT to tell us what the “p” in purse stands for.
Act, How about a wallet? As long as it doesn’t get as fat as George Costanza’s:
http://socialtimes.com/friday-morning-laughs-google-wallet_b79229
“Man bags” are not unmanly!! Mine currently holds three revolvers (sorry, you semi-auto fans — I do shoot them too, but I hate chasing brass), two sets of ear and eye protection, and about 200 rounds of ammo.
I’m not talking about a bag for travel for a utility bag. I am talking about those purses that the hipsters carry around in Adams Morgan. They carry it every day in the same way a woman does keeping their wallet, keys, phone and other accessories in it.
I travel a lot for my contracts and I often carry a backpack to carry my computer and other essentials. That’s not what I was referring to
> I am talking about those purses that the hipsters carry around in Adams Morgan.
What do they have to do with MEN?
The “P” in purse stands for the first letter of the word, BlackEye. You can’t understand these things because you are thick-headed, as we’ve tried repeatedly to explain to you here!
Jack, I use those pockets too–to hold my wallet and keys.
All this BS about pockets, personal attacks, etc. Not a word about whether the premise of Romney being a whimp is valid.
I think it’s a legitimate question. Let’s see, the following appear to be issues he’s supported from both sides: abortion, gay rights, universal healthcare, gun rights, Israel, retirement, and a few others. Seems to me Romney is being toss a big opportunity to clarify this. He should be able to roll over the inference made by Newsweek, if he truly doesn’t have an issue of flip flopping.
(OK, I’ll wait for it, the answer has something to do about me, or we will see something about Obama, rather than actually dealing with the premise.)
Wong, BE. If we (and Romney) just ignore it and divert attention, it will just become moot. It’s a liberal tactic.
“People descend into crazy quickly”
Ed, how long did it take you to there ?
“Whimp”?!!! Lo and behold, a Dan Quayle moment.
I think the thing about Romney is that he may have “evolved” — to use a favorite word from the other side of the political equation. Sort of like those guys who declared in 2008 that Jerusalem is definitely the capital of Israel and then, in 2012, choked up and mumbled when asked to repeat that statement.
Maybe Wolverine, the problem is when does the “evolving” stop? Before or after the election?
Don’t know, BO. After watching the Oval Office for the past three plus years, I was beginning to think it was part of the normal menu….sort of like… we’ll close Gitmo…or this will be the most transparent administration ever…or nobody will lose their health care plan under my proposal…. or those shovel ready projects weren’t really shovel ready…or there will be no lobbyists in my administration…or…or….or…..
Here’s a good bit of “mining” for you — by a Federal judge in D.C. In the process of handling a lawsuit by Judicial Watch against the DOJ with regard to the New Black Panther Party (NBPP), the judge has declared that he believes there was interference by political appointees in the Obama administration in the DOJ handling and dropping of the NBPP case. Nice……Now I really want to see those sequestered documents from Fast and Furious.
It is May 23, 2013, 2:26 am
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