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Crime stories are both
universal and local. A murder in New York, Vancouver, London or Bangkok is
universally seen as a crime, one deserving of punishment of the wrongdoer and
assistance to the family of the victim. In reality, we tend to focus on the
crime that is on our doorstep. Murders close to home cause people to sit up and
pay attention. This is especially true if the victim has any kind of public
profile, the murder is bizarre, or the relationship between the killer and
victim unusual.
The success of a crime
fiction novel is connected with the ability of the author to convey the internal
life of the characters—their thoughts, fears, doubts, and desires—and to
convincingly show how the relationship between the characters can spiral into
the death of one character at the hands of another.
In the world of noir
fiction, murders are a natural outcome of an overarching political and social
system that itself tolerates, justifies or condones certain murders. Law
enforcement institutions designed to protect security and safety breakdown
inside the noir world. The wrong person is convicted of a crime. Or the killer
gets away with murder.
Where does a writer look
for ideas and inspiration when writing about crime?
This is where research
comes into planning a book. The Internet is your friend in tracking down crime
stories. One site that is an example of the kind of material you can find is
Violent
Crime News.
The mission of this blog
is to establish the importance of authenticity in crime fiction. Getting the
facts right matters. If that were the only issue, then writing crime fiction
would be a snap. The art of the novel is to take the authentic and find a way to
tell a compelling, emotionally satisfying and memorable story. In crime fiction
that often starts with a murder.
For a crime writer and
reader, not all murders work well as a novel. There are three categories of
murder that produce a lot of contemporary fiction.
Domestic murder, sex
related murder and professional murderers are common in crime fiction.
Below are examples of cases available to anyone with an Internet
connection.
The Domestic
murder
A husband kills
his wife, or the
wife kills the husband. A parent kills a child, or a child kills a parent.
Families are a place of potential violence. A death row inmate appeals for
clemency on the grounds a stranger set the fire that killed his three-year-old
son. A
woman is accused
of killing her newborn twins and hiding the bodies in the boot of her car.
Or the thirteen
year who shoots
and kills his father.
A large percentage of
murders fall within this category. The domestic murder is also a staple of crime
fiction.
Sex Related
Murder
When the murder has a sex
angle that attracts a great deal of attention. When the police investigate into
the violent death of prostitutes, the news especially if it is an old, ongoing
case and new technology leads to a break through. Here’s an example from
Vancouver
By Jeff Nagel – The
Tri-City News Published: January 30, 2012 5:00 PM Police so strongly
suspected Robert Pickton might be killing prostitutes in the late 1990s they
tried using infrared photography on the hunch he had an underground dungeon
beneath the Port Coquitlam farm.
Authorities believe that
Pickton was responsible for dozens of killings in British Columbia. He was
convicted on six counts of second-degree murder and was sentenced to life
imprisonment with no chance of parole for 25 years.
Adding murder and sex is a
surefire way to attract attention as a crime writer.
Murder by
Professional Criminals
Professional criminals are
a staple of crime fiction. Richard Stark’s Parker series is a good example. The
crime news follows the fate of hitmen and mafia snitches and there is a
considerable audience for such news. Ever since the Godfather movies and books,
crime readers have supported this genre.
Here are a couple of
examples of the kind of real life cases that work their way into fiction (sooner
or later). Professional criminals also move inside a subculture that attracts
curiosity not only among law enforcement professionals but by ordinary citizens
whose ordinary day-to-day lives, by comparison, lacks the edge, danger and
risk.
In New York a mobster
turned and testified against a mob boss and escaped a life sentence for a couple
of murder. He was sentenced to ten years for bringing down the big guy.
The Today Show reported:
“A former New York mobster
who turned against the Mafia and helped convict Vincent “Vinny Gorgeous”
Basciano, then acting boss of the Bonanno crime family, was sentenced to 10
years in prison on Monday despite being involved in multiple
murders.”
AP carried a story about a hitman
with a consciousness and heart of gold. His testimony is about to spring an
accused who despite being blind in one eye and suffering from a learning
disability from going to prison for a murder that he didn’t commit (though he
confessed to it).
“A Detroit hitman in
prison for eight murders said he’s willing to publicly take responsibility for
four more to help clear a young man who claims he’s innocent of the slayings and
confessed at age 14 only to satisfy police.
Vincent Smothers’
testimony would be the most crucial evidence yet to try to persuade a judge to
throw out Davontae Sanford’s guilty plea and free him from a nearly 40-year
prison sentence. In an interview with The Associated Press, Smothers declared:
“He’s not guilty. He didn’t do it.”
Smothers said he never
used a 14-year-old accomplice – blind in one eye and learning disabled – to
carry out his paid hits, mostly victims tied to Detroit’s drug trade.
Ironically, there’s no dispute that Smothers confessed to the so-called Runyon
Street slayings when he was captured in 2008, but prosecutors have never charged
him and never explained why.”
The lesson for a crime
author is to keep an eye out for violent crimes wherever they occur. What
happens in real life is often much stranger than fiction. At the same time,
there is a lot to be learned from the profile of the killer, the victims, the
cops, prosecutors, defense counsel and judges in such cases. And of course the
use of the latest technology alongside some of the medieval techniques that
produce convictions. ...
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Posted: 2/2/2012 7:55:53 PM |
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Sometimes a novel is ahead
of its time, seeming to write about events that predict the future. In Philip K.
Dick’s Minority Report, the idea of precognition allows the police to
know in advance about future criminal activity and to stop it before it
happens.
The future is that
strange, unknowable terrain over the horizon. In the mind’s eye, we speculate on
what awaits us on the other side of the present. But speculation is not the same
as what actually will transpire. Novelists also speculate about the future.
Sometimes they predict the general pattern of what the future will bring; other
times they strike gold by predicting an actual event.
From our vantage point in
the present, we can read books that appear to predict what will happen. A
large number of speculative books about the future fall into the category of
science fiction. Jules Verne predicted moon shots from Florida. That sounds
impressive until you remember that Jules Verne’s launch vehicle was an astronaut
shot from a cannon.
Arthur C. Clark foresaw
satellite communication systems. George Orwell’s 1984 predicted a
future of surveillance cameras, newspeak, perpetual hate campaigns. William
Gibson’s Neuromancer anticipated cyberspace and virtual reality. H.G.
Wells predicted the importance of planes in warfare, bombing raids by planes,
and the atom bomb.
Morgan Robertson’s
Futility was a book written fourteen years before the maiden voyage of
the RMS Titanic, about a ship called Titan that hit an iceberg
on the starboard side and sank in the Atlantic Ocean. The sinking was in April.
In other words, many of the details in Robertson’s novel tracked the actual
details surrounding the sinking of the Titanic.
William Gibson’s
take on predicting
the future is clear: he can’t. No one can. If he possessed such precognition,
Gibson says, he would have written about Facebook, incorporating it into one of
his novels years before it came into being.
Science fiction and crime
novels can overlap. Philip K. Dick’s Minority
Report, where three mutants can predict future criminal activity, is an
example. In Minority Report, precognition creates paradoxes. A cop
receives precognition about murdering a person he’s never met. If precognition
of crime is a possibility, then our notion of free will need to undergo a major
transformation.
In Michel Houellebecq’s
The Platform, there is a terrorist bombing in Phuket in which two
hundred people are killed. After the novel was published to great acclaim, the
Bali terrorist bombing killed over two hundred people.
 
In my recently released
novel, The Wisdom of Beer, there is a warehouse heist. The
warehouse is filled with weapons destined for terrorists groups. Last week, when
The
Wisdom of Beer appeared in bookstores in Thailand, the police uncovered
a rental premise filled with materials for bombs and the theory of the police is
that those materials were being readied for export to possible terrorists
organizations outside of Thailand.

Does that mean Michel
Houellebecq in The Platform and my The Wisdom of Beer
predicted the future? In reality, neither novel predicts the actual place but
does come close to predicting the nature of the occurrence of the criminal
activity.
Novelists share with the
police and others in the law enforcement system an ability to reason based on
probability analysis. Predicting the dangerous is about assessing the
probability of people, ideologies, politics and opportunities collating over
time to create an incident. The future of dangerousness is less crystal
ball-gazing than statistical analysis of vast amounts of data, cultural and
historical trends, and personalities.
What novelists often do is
employ pattern recognition to a vast amount of information, taking into account
trends, prior cases, and probabilities. We take the temperature of the body
politic and look at whether the patient has a fever and then make a case as to
the possible outcome. Modern crime novelists are cultural profilers. We mine the
source material and our own experiences in order to create narratives that are
plausible outcomes for the reader. To the extent that the profiling works, it
seems that we have predicted the future. But, in fact, we have gauged the
probability of events correctly. No magic. No voodoo. No precognition. Just an
ability to combine ingredients from the past and to present those elements and
bake the cake we subsequently recognize as the future. ...
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Posted: 1/26/2012 7:57:21 PM |
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Last light as night falls
in Rangoon. Shwedagon Pagoda framed against the twilight. It is like watching a
great diva knowing in less than a generation she will be reduced to a walk on
role. But that is the future. At this moment such a command performance can only
leave you in awe. Our world has lost something. And I am witnessing what is
front of me and remembering what we’ve left behind with a sense of joy and
regret.
From my balcony the
Shwedagon Pagoda is on a hill enveloped in a forest of trees. One way to
understand a place is to move beyond the iconic view and into the region of folk
tales, proverbs, and legends. Buried in these narratives are the treasures that
define a people, their morality, ethics, and worldview. As you will have
gathered from the news headlines over the past couple of weeks, Burma is a
society undergoing important political changes.
The people of Burma are
like travelers who have been on a dusty road for a long time and are able to
enjoy a simple meal.
There is a Burmese
folktale* about a weary traveler who stopped along the road to eat his lunch.
The traveler was poor and his meal was a meager helping of rice and vegetables.
Nearby a food vendor was selling fried fish and fish cakes. The stall owner
watched the traveler eating as she fried fish. The smell of the fish drifting
toward the traveler who squatted alone, lost in his own thoughts.
As the traveler finished
his meal and was about to depart, the woman from the food stalls shouted at him,
stopping him in his tracks: “You owe me a silver quarter for the price of one
fried fish.”
“But madam, I did not eat
one of your fried fish.”
“You are a cheater,” she
replied. “A person who takes without paying for what he takes.”
“But, madam, I’ve taken
nothing from you. I have not come within five feet from your stall.”
“Ah, ha. And you’re a liar
to boot. I have many witnesses who will testify that they saw you enjoying the
smell of my fried fish as you ate your meal. You would not have been able to eat
that disgusting mush of rice and vegetable without taking in the sweet aroma of
my fish frying. So pay me the silver quarter and don’t make any more trouble for
yourself.”
The confrontation soon
drew a crowd around the traveler and the fried fish seller. She plays to the
crowd who had to agree that indeed the traveler had availed himself of the smell
of the fish frying. Even the traveler could not deny he had smelled the fish
frying. But he insisted that he had no duty to pay for that
privilege.
The matter was taken to a
royal judge who heard the evidence. The judge deliberated on the matter in a
courthouse nestled under the shade of a coconut tree, chickens pecking for grain
along the road. Several minutes passed before he announced to the parties and
the crowd who had accompanied them as to his verdict.
The judge found the basic
facts weren’t in dispute. The traveler had indeed enhanced the enjoyment of his
meal because of the pleasant smell of the fish frying. He had received a
benefit. But what was the value of that benefit? The fish seller said the price
for a plate of fish was a silver quarter. The judge ordered the parties to leave
the courthouse and to walk out into the sun. The traveler was then to hold out a
silver quarter and allow the fish vendor to grasp the shadow made by the silver
quarter. The judge reasoned if the plate of fish cost one silver quarter, then
the exchange value for the smell of the fish was the shadow of one silver
quarter.
As the gold rush of
investors are jumping headlong into the newly opened Burma, they might be
reminded that so far the Burmese, like the traveler, have only had a whiff of
the frying fish called freedom and democracy. Whether they will be left only
with a scent or will be allowed to enjoy the full plate, remains to be seen. The
future will tell whether the price of freedom 60 million travelers’ benefit will
be judged to be payable silver or a mere shadow of silver.
*Story adapted from Maung
Htin Aung’s Folk Tales of Burma. ...
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Posted: 1/19/2012 8:08:59 PM |
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9 January
2012
Bangkok
I am editing a new
anthology titled The Orwell Brigade. On a twist to the usual
noir collection of short stories, this anthology will feature
non-fiction essays by a number of leading international novelists. The response
to the venture has been overwhelmingly positive and there is a reason: George
Orwell.
Orwell, who is remembered
for his novels 1984 and Animal Farm, was also one of the great
essayists of the twentieth century.
Orwell’s essays about
colonial rule in Burma, the Spanish Civil War and World War II used plain
language to discuss in everyday words a set of universal values that were under
political attack. Orwell introduced into our daily conversation the ideas of
“Big Brother,” “doublethink” and “newspeak” — terms that continue to be used
today.
Timothy Garton-Ash in
The New York Review of Books, 22 October 1998, wrote, “Orwell
is the most influential political writer of the twentieth century.”
What is Orwell’s legacy?
And why should we care more than sixty years after his death?
The simple answer is that
Orwell’s worldview transcended his time. His essays remain relevant for us and
those around us. Finding a way to revive the tradition of a novelist/essayist in
the Orwell tradition is a way of keeping those in power honest, accountable, and
actionable. Lying is a not just a way of political life; it is a way to control
people’s interests, desires, motives and memories.
A Hanging and
Shooting an Elephant are incredible firsthand essays. They are personal
accounts of Orwell’s time as a petty colonial official during the British
administration of Burma. Here was a writer who wrote about what he had
experienced, shaped and honed, and refined the emotions of the day of both the
hanging and shooting: the condemned man being led to the gallows and being
mindful not to step in a puddle on the way to his death.
In Homage to
Catalonia, Orwell drew upon his six months of fighting in Barcelona during
the Spanish Civil War. In that book, Orwell wrote: “It was the first time that I
had seen a person whose profession was telling lies — unless one counts
journalists.”
What troubled him most,
having been at the front of the street battles in Barcelona, was how the British
press had used falsehood, rumors, and distortions to describe the events in
Barcelona in a fashion that pandered to the left wing in England. Anyone who has
ever been a witness to violence at or near a frontline and later reads the press
reports and statements from officials who were far removed from the action, will
understand Orwell’s anger.
The lies and duplicity
that once shocked Orwell may no longer shock us. With scandals like the phone
hacking by reporters at the News of The World, we have become cynical
about “facts,” “reality” and “truth telling.” We are less innocent about the way
the media and others use images and words to “sell” a position and as a
collateral obligation to describe what happened on the ground. We read or watch
media that mirrors our prejudices rather than confronts them. Experience has
been downgraded to below junk bond grade. This is our world. But every
generation has to claim the world back for truth telling. It doesn’t happen on
autopilot. And Orwell was a very experienced “pilot.”
In 1984, Orwell
described the country of Oceania as founded on rewriting the past. It was the
power to control what people were told had happened that was most disturbing to
Orwell. Governments uploading memories and pretending they had a counterpart in
reality was the nightmare, the horror of 1984.
Orwell found a voice that
allowed him a way to turn politics into literature. His use of metaphor and
cleverly invented new terms to describe oppressive power captured the plight of
the powerless. He handed down a warning for our time, perhaps for all times:
“Political language — and with variations this is true of all political parties,
from Conservatives to Anarchists — is designed to make lies sound truthful and
murder respectable, and to give appearance of solidity to pure wind.”
Clive James in The New
Yorker wrote, “It wasn’t just the amount of truth he told but the way he
told it, in prose transmuted to poetry by the pressure of his
dedication.”
Orwell’s personal history
may also suggest why more writers have not followed his path. Timothy Garton-Ash
tells us that Homage to Catalonia sold only around 50 copies a year
during Orwell’s lifetime (it now sells more than 10,000 copies a
year).
When Timothy Ash-Garton
and Clive James were writing about Orwell’s legacy, we still hadn’t entered the
age of the Internet, a full-blown 24/7 information machine where false
information, lies and manipulation battle to secure territorial rights over our
memory and thinking.
In The Orwell
Brigade, I’ve gathered a group of modern truth tellers, writers who write
fiction, but also share a vision that writers should reach with their words to
contemporary political issues in the form of an essay. Their passion and
experience will use plain words to shape politics into the words normally
reserved for literature, drawing upon some of the great Orwellian themes of our
times:
The economic collapse in
America and Europe, a trend for capitalism and totalitarian elites to find
common ground, anti-rational/science populists who use religion to push back the
Enlightenment, the growing inequalities among people in the same country and the
rise of technological means of control, surveillance and destruction.
Ministries of Truth roam
the Internet on behalf of governments in a way that Orwell would never have
guessed.
In 1984, Winston
Smith is taken to the dreaded Room 101 for memory replacement: 2 + 2 = 5. Room
101 is a metaphor for the final destination for all of us who fail to speak
plainly about the distortions in the relationship between those who cling to
power and those who hunger to replace them, and the rest of us wedged in the war
zone, caught in between. ...
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Posted: 1/12/2012 8:17:11 PM |
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A prediction for
2012
It is claimed the Mayans
left behind a prophecy that the world is doomed to end in 2012. But, like many
prophecies, hundreds if not thousands of years separate the prophet from his
prediction. When the prophet is long dead, we shrug it off when the event
doesn’t come to pass.
Most of us are surrounded
by prophets of one sort, predicting stock markets, the collapse of the euro,
that you will meet that bright, attractive, hot counterpart if you show up at
high noon at Little Harry’s Bar and sit on the third seat from the door. What
prophets have in common is that they claim to have a direct mystical pipeline to
the future. In other words, it ain’t science.
I had a look at my
horoscope in the Bangkok Post for Wednesday, 4 January 2012, and was
told, “Indulge in industriousness. Put the finishing touches on projects, but
don’t initiate anything new. A small delay with a check or a contract could
cause worry, but everything will turn out fine.”
A long-time journalist
friend once told me that, when he worked for one of the wires, he was given the
task of writing the horoscopes. He made them up. He gave his sign all kinds of
positive, upbeat and uplifting predictions, while handing out dire predictions
of life in the gutter, neck and shoulder pus-filled boils and inoperative
hernias under the zodiac signs of his enemies.
Religious texts, including
The
Bible are
riddled with stories of prophets who predicted all matter of things. Believers
take those predictions to heart, particularly the ones about the afterlife.
Prophets prove that you can’t have even a half-baked religion unless you have a
good recipe that blends supernatural, superstition, and woo-woo in
general.
The problem starts when a
prophet starts spouting off predictions about specific events to specific public
structures. He then has crossed an invisible line, at least, it seems, in
Thailand where there is a high ratio of fortunetellers to population. A partial
list of clients would include office workers, politicians, military, police,
housewives, husbands, boyfriends, maids, CEOs, tuk-tuk and taxi drivers, school
teachers and street vendors. Some Thai fortunetellers have legendary
followings.
Recently, in Tak province,
a 73-year-old fortuneteller got himself in hot water over a failed prediction
about a dam bursting. Thongbai Khamsi predicted that a large provincial dam in
Tak would crumple on New Year’s Eve. After dawn arose on New Year’s Day in Tak,
it didn’t take long for the locals to figure out that the dam, despite
Thongbai’s prophecy, was still working just like a dam should, by holding back
the water and generating electricity.
That apparently upset some
of the local authorities. A number of people complained that they had sold their
land at fire sale prices to get what they could before the dam burst. And even
more damaging, tourism to Tak dropped by ninety percent. leaving a
400-million-baht hole in the local economy. If you made a bad real estate
decision and your tourist numbers are down, all of this bad luck has to be laid
off on someone. Why not Thongbai, the false prophet? The authorities, seeing
which way the local wind was blowing, decided that Tongbai got the nomination as
a false prophet, the man who had caused substantial public damage.
It would be unfair to say
this kind of magical thinking followed by an angry populace howling for blood
only happens in Thailand. Deuteronomy 13:1–5 counsels: “Prophets and
dreamers are to be executed if they say or dream the wrong things.” I’ve never
heard of anything comparable said in Buddhism. In this case, it seems the Thai
local authorities are acting quite Christian-like in their zeal.
Tongbai has his own
explanation of how he came about this prophecy. It came from his son, Pla Bu,
before his son died. That son had quite a track record in the prophecy game,
having predicted his own death 15 days before he died, along with having
predicted both 9.11 before it happened in 2001 and the tsunami prior to 26
December 2004. He was channeling a dead son and that could be part of the
problem. It is better to stick with talking to God. Like Pat
Robertson
who says God has already told him who the next President of the United States
will be. If it all goes wrong, the come back is: “God is testing our
faith.”
There is a hint that the
charges by the authorities resulted as much from a loss of face as anything.
They held a big New Year Countdown Party at the dam.
There is no word on
whether Tongbai has predicted whether he will be convicted, and, if convicted,
sent to the big house to serve time with murderers, rapists, arsonist, and armed
robbers. He might teach a course in astrology to inmates or tell the guards’ and
warden’s fortunes in order to get time off for good behavior. Just a piece of
advice: he should avoid predictions about the durability of prison walls and
stay on the more vague, abstract side, following the example of the newspaper
astrologers.
Alternatively. he might
switch to doomsday predictions because there is far less risk as long as
sufficiently projected in the future, and, as predictions go, these ones
are much more fun. No one ever thinks of charging a doomsday prophet with a
crime. Perhaps what makes their false prophesies more acceptable to authorities
is, unlike the dam, if the whole world is going to disappear, then there’s no
possible buyer for all of that real estate anyway and what’s the point of going
on holiday? No one really loses, and when the all-clear signal is given to
celebrate and everyone who was terrified can turn around and laugh at what a
fool the prophet was, he, if history is any guide, simply kicks the ball into
the future again.
What worries authorities
and has them reaching for the handcuffs are dire predictions of doom that cause
large public panic. In 1669, a group of Russians, called “The Old Believers” convinced themselves the world
would end that year. Rather than hanging around to see if that happened, about
twenty thousand of these believers set themselves on fire to protect themselves
against the Antichrist. I’ve not found a record of any prophet taking the rap
for that failed prophesy. He might have gone up in smoke.
I have a few prophecies of
my own to make in this first essay of the year. In the short term, the charges
against Tongbai (who has yet to turn himself in to the police) will chill the
prophecy business in Thailand well into February 2012; afterwards, it will be
totally forgotten to ever have happened. If using criminal law is found
effective against this false prophet, I predict it will be vastly expanded to
round up many more of this ilk. In that case, I recommend you buy into companies
that maintain a connection to the jail-building business in Thailand, as these
companies will enter boom times. Look for promotion of government officials who
meet their quotas in identifying and exposing gurus, prophets, seers,
fortunetellers, and pundits. The era of hunting terrorists has run its
course.
As we enter the new dawn
of finding, charging, trying and punishing the false prophets, all of us can
take pride is working together to weed them out before their false prediction
overrun the garden of our common humanity (and makes us sell our houses at
stupid prices).
Let this be the year of
visiting Thailand, where no bad prophet goes unpunished. And to be on the safe
side, leave your predictions about the future at home. ...
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Posted: 1/5/2012 8:09:10 PM |
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In Asia, the idea of face
is not unlike the concept in the West of dignity or respect or honor. Add guns
to the torque of argument, honor and liquor and the probability of shots fired
rise dramatically. Pinker concludes in The Better Angels of our Nature,
page 99, that: “The essence of a culture of honor is that it does not sanction
predatory or instrumental violence, but only retaliation after an insult or
other mistreatment.” The issue of fitting the culture of guns with the culture
of honor raises a number of issues, such as how available guns should be, the
kind of weapons that should be allowed in civilian hands, and the role of the
government in regulating guns in places where an insult to honor is avenged with
violence.
In Thailand, on
27th December, a policeman in the southern province of Phatthalung
pulled his gun and killed six other police officers. The gunman and his fellow
officers had been engaged in a drinking session in the border patrol police camp
canteen. Someone must have said something that didn’t go down well. The gunman
then walked 200 meters outside the canteen and turned his assault rifle on
himself. The investigators’ theory is that a ‘personal conflict’ led to the
shootings. That is a Thai code phrase for an insult to honor.
Police are trained (in
theory) in the psychology of diffusing personal conflicts, and convincing
someone with a gun to drop it. Using lethal force is restricted in
Thailand, as in most places.
The point is that Thai
cops are products of their culture, and a face culture is an honor culture. Is
this true for other cops around the world? Their attitude toward guns, threats,
violence, insults and honor differ according to tradition, history and attitude.
When the cork flies out of the bottle in an honor culture, it is best the man
this happens to does not have a weapon. When cops are involved in an insult to
honor, supposedly their training kicks in and they exercise more self-control.
That training has its limits. Cops inside an honor culture have same human
emotions that flare up during drinking sessions. An insult, a slight, a roll of
the eyes may be all that is needed to trigger the lethal response. Without guns
having been present, it is highly doubtful anyone in that canteen would have
died.
No one suggests after such
a massacre that the police should be disarmed. Notably, in England most of the
police are not armed, and the murder rate is significantly lower than places
like Thailand where the police are armed. Yet, a fairly significant number of
the population there also carry guns.
More difficult is the
private citizen in an honor culture who is allowed by law to carry a handgun.
The Americans are undergoing a debate about expanding the right to carry
concealed weapons, and to allow someone with a gun permit to carry that weapon
anywhere in the United States. More than 3.5 million
Americans
in 40 States have permits to carry
concealed firearms. Keep in mind there are approximately 100 million guns owned
by Americans. Remember that on your next visit to the States only a small
percentage of them have anywhere near the experience of my fellow blogger Jim
Thompson with a handling guns. The overwhelming number of gun owners are like
pilots who’ve logged a couple of hours in a small plane seated next to an
experienced instructor and think that experience makes them Ace fighter
pilots.
Some states have more lax
gun permit regulations and even more lax rules to revoke a permit if the gun
owner has committed a crime. The New
York Times
reports about a cyclist in Asheville, North Carolina, who had an argument with a
motorist. Words were exchanged and Diez, the gun holder, pulled his licensed
handgun and shot at the cyclist. The bullet slammed through the cyclist’s
helmet. Diez later pleaded guilty to a felony count of assault with a deadly
weapon with intent to kill. Pinker also notes the Southern United States has had
a long tradition of an honor culture and self-help justice.
The proponents who argue
for expanding the right for civilians to arm themselves with concealed weapons
say it will allow the ordinary law-abiding citizen to protect herself or
himself. The idea is that the bad guys are armed and the innocent are not; that,
if the bad guys had knowledge that the innocent person might have a concealed
weapon, they’d think twice about committing a crime against them. Also, they
point out, an armed citizenry is the first line of defense against tyranny in
government.
That is the deterrence
argument that propels many to support legislation authorizing widespread gun
ownership. There are a couple of problems with defending this
position.
First, America is one of
the few places where there is no historical consensus that the monopoly of
violent force should be exclusively reserved to officers of the state. Unlike
Europeans, the United States never succeeded in disarming its citizens before
the citizens took over the government. Most of other countries in the West (they
are democracies, too) do not sanction widespread gun ownership among the
civilian population. They have a different history and tradition of gun
ownership. And, in European countries, fewer people die of gunshot wounds than
in America.
Second, it conflates
democracy with gun ownership; that armed citizens are the best defense against a
State turning rogue against its citizens. Americans have a culture of distrust
of government that is closer to the attitudes found in Third World countries run
by dictators. The reality is that guns are artifacts from the analog past.
Modern governments have multiple digital tools to oppress and repress their
citizens and these weapons of intimidation are more widespread and potent than
guns. CCTV cameras, predators (soon to appear in your neighborhood), data mining
your email, blogs, Facebook, Twitter and other social media, acquiring your
health, financial and education records. A population armed with handguns is no
match for the arsenal that the world of 1984 brings.
Third, the idea of
“protection” against the bad guys is always one that has everyone nodding their
heads in agreement. However, the statistics show that the self-defense theory is
not a solid argument, especially in an honor culture. The reality is that human
beings are emotional creatures who are quick to anger. Alcohol and drugs makes
them unstable. Diez, the fireman from North Carolina who almost killed the
cyclist, is not uncommon. The cyclist wasn’t a bad guy. He didn’t threaten Diez.
He had an argument. Diez felt insulted, his ego was bruised and he tried to kill
a man over “honor.”
I’d be willing to bet that
if you graphed the percentage of people who have used a handgun to protect
themselves against a criminal (the self-defense claim), it would be a much
smaller percentage than the percentage of people who used a gun because they
felt a slight to their honor. By increasing gun ownership, I would anticipate a
rise in the number of homicides where the underlying motive was to avenge the
loss of face, the slur, personal argument, or the insult. People kill each other
over honor. Give them licenses to carry handguns and Diez-type cases will
increase. Diez lacked self-control in this situation. This is not abnormal.
Expand gun ownership and that will be a good test of exactly how normal the Diez
case will prove to be.
Thailand has more than
double the United States’ annual death by firearms
rate.
Anyone who has looked at
the debate on gun ownership understands that statistics are often unreliable,
and are often used inappropriately, such as failing to compare like with like
conditions, traditions, histories and omitting crucial variables that make for
complexity. Scholars have cautioned against concluding
that widespread gun ownership causes higher murder rates. Russia, for example,
has stringent gun control laws yet, between 1998 and 2004, its gun-related
murder rate was four times that of the United States. Could an entrenched honor
culture in Russia offer insight into the higher murder rate by firearms? The
same scholars insist there is no correlation between the strength of gun laws,
availability of guns and the homicide rate. Let’s admit that evidence of such
correlation isn’t available. What is left unaddressed is the role of the honor
culture.
Another killing in
Thailand this week bears an emotionally twisted thread that links it to the Diez
type of case. An arrest warrant was issued for a member of parliament, Khanchit
Thapsuwan, who allegedly followed a rival politician into the toilet of a petrol
station and shot him in the head eight times. He left ten .40 caliber casings
scattered on the floor of the restroom where the shooting took place. There also
were witnesses. Given this is Thailand, the police issued a statement, “If we
knew his hideout, we would arrest him without heeding his social
status.”
In Thailand the gunman’s
social status is a significant factor that in some cases trumps the evidence of
murder. But, in Khanchit’s case, with the social status of shooter and victim
being approximately equal, the gunman is in deep trouble. What is the theory of
why Khanchit shot the victim? They were political rivals and according to the
Bangkok Post, “Whenever the two met, they were often heard making
sarcastic remarks against each other.”
Two days after the
killing, MP Khanchit showed up for a session in the Thai Parliament. A decision
has yet to be made on the question of whether parliamentary immunity will be
waived.
The final consideration in
the argument to expand gun ownership is the costs. Gunshot victims place a
significant burden on the health care resources of a country. One scholar,
Phillip J. Cook, estimated that gun violence costs Americans alone $100 billion
annually.” That would fund a lot of schools, clinics, bridges, roads and student
loan programs. With that kind of money, a decent health care system could be
universally available to all citizens.
Honor. Face. Dignity.
Governments would do well to closely study the correlation of these cultural
factors and how they factor into gun-related homicides before they go about
authorizing the carrying of guns in the larger civilian population. Dismantling
the culture of honor might, in the long run, be the best way to reduce
gun-related murder rates. But that approach wouldn’t sell to voters. Arming
voters does sell for those standing for election. Politics is a clash over
“honor” and sometimes, as with the aforementioned recent murder in Thailand
allegedly by an MP, the end result is the delivery of eight rounds to the
head. ...
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Posted: 12/29/2011 8:02:46 PM |
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THERE may have never been
one list. We don’t have to enter that debate. We can start by acknowledging that
we live in an age of list of junkies. We are all guilty; we are all addicted.
Top ten lists are catchy, fun and most of all require a short attention span.
They are like intellectual popcorn. David Letterman made his reputation by
reading clever Top Ten Lists written by his staff writers. And I also love
reading and writing a good mystery. What better mystery than tracking the
whereabouts of fugitives on the run from the law? In reality most of those on
the most wanted list are more elusive than the Higgs Boson.
Think of the Modern Top
Ten Criminal lists as the way law enforcement officials try to build the
equivalent of the particle collider. Most of the data is inclusive. The main
difference is the criminals exist in reality and are simply very hard to find,
and the jury is out whether Higgs Boson is non-existent or just hard to
find.
The idea of Top Ten
Criminals has been around longer than crime fiction. In the case of criminal
justice systems, the entertainment value of announcing Top Ten Most Wanted Lists
has caught the attention of law enforcement agencies in most countries. The
media love lists. Newspapers, blogs, TV news all love list with pictures. These
list which used to be taped to post office walls has gone digital. We now spend
most of our lives in front of one sort of screen or another looking at
photographs. The digital world is tailor-made from the list of bad guys. We can
visualize the criminal but nothing satisfied as much as seeing an actual
picture. Law enforcement officials no longer need to describe what the criminal
fugitives on the run look like. Show their pictures on the Internet. Let the
public study their features and image the evil lurking inside that caused them
to turn to a life of crime. Let the public become the private eye who can nail a
bad guy and collect a million dollar bounty.
But there is a slight
problem with digital volunteer bounty hunters. Our resources as individuals are
completely overwhelmed by the sheer volume of top ten criminal lists. Every
city, county, province, and country has a top ten list of most wanted criminals.
If that isn’t enough, within each of these political divisions are cops who are
further divided into a multitude of separate but overlapping turfs. There is a
10 Most
Wanted in the World List.
If you are a crime writer
wondering who would make a good villain for your next novel, you might want to
scroll through the latest list of international gangsters, gunrunners,
revolutionaries and cartel kingpins of the lam from justice; go straight to the
Top Ten Criminals on the Planet
List.
How about the Top Ten
Most Wanted Fugitives List? City of Vancouver has a list. The
FBI has perhaps the most famous of Top Ten lists going back to 1950. The FBI has
refined its lists by categories. So if you want to know the Top Ten
Most Wanted White Collar Criminals, they have a list. Interpol has a list. Is there any
political subdivision on the planet without a list? If you could speed read 24
hours a day it would take 572 years to go through the images returned by Google
for each of these lists.
Here’s a little game to
play on Christmas Day after eating all of that turkey. Gather the family around
with their electronic devices. Ask them to Google “Thailand’s ten most wanted
criminals.” Then ask them to click on ‘images’ and the number that comes up is
53,900,000. Given them ten minutes to assemble their top ten images. Compare
selections. An extra helping of pumpkin pie to the winner.
The Thai population is 65
million puts in perspective the 53 million faces that the Thai Top Ten criminal
list returns in Google images. Such a high return of famous criminals to ratio
of population might qualify as the most egalitarian feature of Thai society. Of
course, the Google image search return has thoughtfully included: a human-like
gnarl in a tree, Hitler, Osama Bin Laden, Dick Cheney, Sandra Bullock and Steve
Jobs—a fairly wide number of individuals, some of whom are dead, have been
selected as candidates for the top ten of criminals on the run in the Land of
Smiles. There are several problems. First, there are too many foreigners.
Second, the law enforcement agencies will use this issue to vastly increase
their budget request for 2012/2013. Third, co-operation between international
law enforcement agencies will likely collapse as too many influential
politicians are on the Thai image list. And there are doubts whether those
names—such as mentioned above—are all criminals.
Perhaps this explains the
difficulty of making a Top Ten List of Criminals in the digital age. AI
development being in the relative infancy means that algorithms pick up a huge
number of false positives when assembling images. We can have more
sympathy for law enforcement officials on the ground. Finding a needle in a
haystack is easier than shifting through millions of these images. Institutional
caution and careerism means that no one whose image comes up from such a search
can be excluded as a possibility. There must be someone who will take
responsibility for deleting one of the images. And if he or she is wrong—say,
indeed Dick Cheney proved to be on the Top Ten List of Criminals in Thailand,
they could be shuttled off to a desk in North Dakota to catch rabbit
poachers.
As you contemplate 2012,
remember the Maya Legend about how the earth would end in 2012 might actually
have been a warning that by 2012 our ability to discern reality from fiction may
have collapsed under the weight of just far too many distractions, images, and
associations. The evidence of brain shutdown explains a lot of what we are
reading in news reports. Soon everyone’s picture will appear on a top-ten wanted
list somewhere. I expect that in the far future, there will be final news
report will profile this vast gulag, and featuring the last free person on the
planet. Heads will roll as someone, somewhere will have to take responsibility
for this oversight, to explain how this person fell between the cracks, was
excluded and left out of some list. There will be hell to pay. ...
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Posted: 12/22/2011 8:04:46 PM |
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Punishment is the term
often used by lawyers, judges, prosecutors and the police to describe a sentence
ordered by the State on someone found guilty of committing a crime. The idea of
proportionality is that the amount of punishment inflicted should be measured
against the damage or injury caused by the wrongdoer. The gravity of the
punishment should fit the gravity of the crime. We don’t sanction the death
penalty for shoplifters even such a penalty might have the support of retailers,
shopping mall owners, Walmart and the rest. Even though it might indeed be an
effective deterrent to shoplifting, no Western country would enact such a
law.
We shouldn’t think that
modern sensibilities and normative values have always defined what punishment is
proportional to a crime. Our ancestors had much more capacity for the State
spilling the blood of its citizens. For long periods of history, a high level of
State violence was normal.
In 18th century
England there were 220 ‘crimes’ for which the convicted felon was hanged.
Robbery, burglary as well as murder invited the hangman’s rope. Britain
no longer has a death penalty. From the gradual dwindling of capital crimes from
220 to zero is a political and social development that indicates the majority of
the population accepts the idea that capital punishment is disproportionate to
any crime. Ninety-five countries have abolished capital punishment. http://en.wikipedia.org/wiki/Use_of_capital_punishment_by_country
In places like China,
North Korean, Yemen, Iran and the United States capital punishment remains a
penalty imposed by the State against its citizens convicted of certain
crimes.
The
BBC carried a
story from Saudi Arabia of the beheading of a ‘witch’. Fortunetellers and faith healers
once risked the death penalty in the West. In Europe and elsewhere, heretics and
blasphemers were burnt at the stake, nailed to crosses, torn apart on wheels,
drown and no one—at least no one who had any real voice—thought these methods
were cruel or unusual. Capital punishment often came after the person was
tortured. We shudder when thinking about such public demonstration of cruelty.
But we’d be wrong to think that human nature has largely overcome its capacity
to inflict horrific violence if the stakes are deemed high enough.
What you need to have done
to be burnt at the stake is one issue, the other is burning people at the stake
for any crime. What we find is that how a State carries out capital punishment
also has changed over time. The electric chair and hanging have given way to
lethal injection giving a quasi-medical procedure appearance to the sentence.
Our modern sensibilities no longer accept state sanctioned death by beheading,
hanging, shooting and stoning. In 2010 there were ten women and four men who
remained under sentence of death by stoning in Nigeria, Pakistan and Iran. And
along with the more graphic, cruel means of death, the idea of using torture on
citizens has moved from commonly accepted to the category of a taboo. That is
why in the Bush Administration convoluted arguments were made that
‘water-boarding’ was an enhanced interrogation technique rather than torture.
Much the same could have been said about the medieval rack.
Notions of universal
fairness and equality also define proportionality. A punishment that is
disproportionate to the crime raises issues of legitimacy of the State. In other
words, the State in maintaining law and order is considered to be under
constraint in how it inflicts punishment on its citizens. People in the
West would be shocked if a faith healer as a convicted witch were beheaded in a
public square in London or New York because the sentiment about what conduct is
criminalized changed long ago. Similarly the State is required to control the
rage and anger a vast majority of people may have toward an ethnic group or a
class of people.
In 2003 the Thai
government policy to invoke a war against drugs led to the extrajudicial killing
of at least 2,500 ‘suspected’ drug dealers. The campaign had overwhelming public
support. Even though there was evidence a large number of these people were not
drug dealers, the campaign was deemed a success. Given the nature of the crime
and the extrajudicial punishment inflicted the concept of proportionality was
violated.
The idea of severity in
terms of matching punishment to a crime shifts from one culture to another. Iran
hangs children. The nature of what is a crime is fluid as well. And of course,
there are the ‘victimless’ crimes such as gambling, prostitution and drug use
where the State seeks to regulate and control a range of behavior they believe
are adverse to the public interest, immoral, or violate a social
norm.
So far I’ve looked at
individuals who have committed acts that have harmed other individuals. Part of
the function of a State is to stop revenge and feuds arising to settle the
score. The Goldilocks Principle of not too hot or not too cold is a measured why
to satisfy the victim and his/her family and to deter others from committing the
same crime. But proportionality also applies, as a principle, to actions by the
State against foreigners in the case of war and against its own citizens in the
case of suppression of certain kinds of conduct.
In the case of war, the
armed combatants are under a duty to tailor their military actions to cause
minimal damage to civilian populations. There is a vast literature detailing
what amounts to the transgression of proportionality rule in the time of war.
The main message is that States waging war can’t ignore the damage caused to
civilian populations in their quest for military victory. The current UN war
crime trial in Phnom Penh where three members of the Khmer Rouge leadership are
in the dock for crimes against humanity, a crime that enshrines the notion of
disproportional violence against a civilian population.
Historically the
institutions of State have reacted with disproportionate violence against its
own citizens who have challenged its legitimacy, authority, sanctity, or rulers.
Threats, real or perceived, by the State as being against its own interests can
easily descend into repression. Imprisoning people for political or religious
opinions contrary to the myths, legends, or official positions has a long
history. Often the punishment in these cases is swift, severe and serves as a
warning to others to fall into line with the official position.
When people fail or refuse
to do so, we see the State intervene to preserve its authority, to suppress
those challenging authority. Recent examples include police actions against OWS
demonstrators in the United States, the use of the military to repress
demonstrators in what is called the Arab Spring in the Middle East, and the use
of harsh penalties in Thailand to restrict political expression.
The reaction to the
security services in these countries has highlighted, that when the elites of a
State feel an existential threat, the first casualty is proportionality in
striking back. The modern State has been credited as civilizing the general
population, reducing dramatically citizen-on-citizen acts of violence. The UN
has sought to play the role as the civilizing influence on States themselves
when they use violence against their own citizen.
The reality is the UN can
use war crime trials such as the one going on in Cambodia is a warning about the
limits on State violence. But does it actually deter the action of the State?
From the action of many State players in modern times, the leaders have
concluded that a lot of violence can be employed against citizens before they
are hauled off to a UN war crime tribunal. These players don’t think of
themselves as ‘criminals’ and that is part of the problem. Institutions that
believe in the legitimacy of their action under law are carrying out the excess
of violence.
We live in a time when
officials who are responsible for violence don’t believe that proportionality
doesn’t apply to them or their actions. The next great awakening in criminal
justice will be that State actors can’t be trusted to use measured responses
when they feel threatened. Who will civilize the State? And who will punish the
State? We are still in the 18th century when it comes to addressing
those questions. It may take another 200 years before the answers appear. The
way forward will be to bring the proportionality principle as the first line
will be to define more clearly how to monitor what justifies a State from using
its armories to inflict violence against its own people. ...
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Posted: 12/15/2011 8:13:28 PM |
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You’re in a foreign
country. Thailand. The police stop you. They don’t speak much English but they
demand to search you. Now. They want your passport. But it’s in your hotel room.
You’re caught off guard even though you’ve done nothing wrong but the police
insist you give them your bag. They take your bag and search it. They search
your person. They go through your cell phone messages. They tell you that
messages in violations of a law in Thailand known by the number 112 (reference
to an article in the Criminal Code) have been sent from your cell phone and
you’re in serious trouble. You’ve violated something called lese majeste and
you’ve never heard that term before. But you remember letting someone use your
phone. You tell that to the cops. But you don’t remember her name. You are told
that the SMS came from your SIM card and your cell phone and that you must prove
that you are innocent.
How do you prove that you
didn’t do something? It’s like proving there isn’t an invisible elephant in the
room.
What do you do? Who do you
turn to?
There are parts of the
world where this is a real, pressing set of questions.
When we think of criminal
justice systems most of the time we are thinking of the system that is near, the
one we grew up with, the system that we see in on TV, in the newspapers, online
as restraining criminal conduct. The muggers, killers, car hijackers, white
collar criminals all have one thing in common: they are presumed innocent. The
cops must have probable cause to search them, and they must warn suspects that
anything they say can be used against them.
That’s home base (and even
there, it can run into the ditch). It’s not abroad. At home most people accept
the criminal justice system as the legitimate authority to prevent crime and
catch criminals. A lawyer’s smart ass cutting and dicing a fine point. But you’d
be wrong. There are in a number of legal systems acts that are criminal that you
take to be a universal right. In other words, when abroad, the print in the ways
the locals write it matters. Try selling a Valentine’s card in Saudi Arabia.
Time for the religious police to throw your sentimental ass in the
slammer.
Try doodling cartoons
about sacred figures and see how far your claims of artistic license and freedom
get you in the 100 meter shackled leg race in the prison courtyard. In Thailand
there has been in recent years a dramatic increase of charges (conviction is
almost always guaranteed) under lese majeste and computer crime laws. Warnings
have been given by the authorities that this Thai law applies to everyone around
the world. Press the ‘like’ button on a Facebook page deemed to be in violation
of Article 112 and the computer crime law, and you’ve committed an offense
punishable by up to 15 years in prison. In other words, you’d be in serious
trouble and it is no defense that you did this outside of Thailand or didn’t
know that it was an offense. You still go to jail.
Such attitudes are more
obvious (and better reported) in Middle Eastern countries. But you’d be wrong to
think that is the only place where fundamental freedoms are absent. Thailand is
an example where normative values about the sacredness are backed by stiff
penalties against those who seek to question them. This is in contrast, to the
Western Enlightenment idea of criticism as a positive and progressive value. We
are taught the importance of give and take in political discussions. In the
West, our normative values spotlight on justice, equity and fairness. But don’t
make the mistake of thinking this judgment is universally accepted. It’s not. In
a system of sacredness no one is ever forced to resign no matter how zealous the
enforcement. Such a legal system encourages the true believer to step forward
and undertake communal action. Those who are less committed soon fall under a
cloud of suspicion.
Ever since Oliver Stone’s
Midnight Express hit the silver screen almost thirty years ago, we’ve
become familiar with chronicles of Westerns caught up in the nightmarish gulag
of foreign criminal systems most people recoil at justice being meted out in
ways that are transparent, fair, honest and unbiased. In short, there is a
perception that if you find yourself caught in the vice of a foreign law
enforcement investigation you will likely suffer an injustice. The recent case
of the young Seattle university student who spent four years behind bars in
Italy only to be acquired of the charge of murder reinforces the idea that a
brush with the law in a foreign country can go sideways quickly.
The problem experienced by
many Westerns is compound by complacency and ignorance. First let’s deal with
complacency. You are on holiday and want to relax. You buy drugs from a stranger
who turns out to be an uncover cop. Your holiday ends along with your freedom.
Most people are aware of that risk. But sometimes they forget that the local
rules in an exotic place don’t have holiday exemption clauses for foreigners. In
those circumstances, no one blames the locals for enforcing their laws which in
many ways aren’t much different from their own laws at home.
Second on the list is
ignorance. Let me be clear: most of us are ignorant on a vast number of
subjects. It’s not a stigma not to know something. But if you are going on
holiday to a foreign destination, you can equip yourself with basic knowledge
about the laws and customs and act accordingly. You don’t need to be a lawyer or
legal scholar in the criminal justice system of a place but it is wise to learn
if this travel destination has some laws quite unlike you are familiar with at
home.
Aside from the Article 112
cases, the ordinary run of the mill run in with the law in Thailand can become
an ordeal. A couple of recent cases in Thailand raise issues about how the
justice system works and how it is perceived to work. Often there is a wide gap
between reality and rumor. First involved a case in Pattaya where a young
Englishman (he is 25 years old) and his Thai girlfriend (aged 22 years old) is
questioned in what appeared to be a failed suicide attempt by the girlfriend.
She fell/jumped/stumbled–we don’t really know what verb to insert from the press
reports–from the seventh floor and managed and managed to survive. There has
been no follow up report on her condition and what she told the authorities had
happened. The point is that the Englishman was hauled in for questioning as a
possible suspect. A number of foreigners complained that when a foreign falls
off his condo or hotel room balcony, it is assumed to be suicide and his Thai
girlfriend is given sympathy rather than the third degree.
There is a video series
titled BigTrouble
in Thailand. In the first one, jet-ski operators seek to shake down a
customer for ‘damage’ to the rented equipment. Scams like this often surface
like a bubble from a deep sea diver to the surface before
disappearing.
These two cases are
classic examples of the perception by foreigners that they are at a
disadvantage. The larger fear is that the local thugs are presumed to have the
police on their side in any dispute. Also there is a wide spread perception that
a foreigner will be at the receiving end of unfair, unequal treatment by the
police in circumstances where locals would not be questioned. There are many
examples where foreigners are presumed to be in the wrong and in the local
right, and the foreigner is presumed to owe compensation for damage based on the
local’s version of events. The fear, in other words, is there will be no
even-handed justice. That the deck of cards are stacked in favor of the
locals.
In Thailand that fear is
also projected by the Thais when a request is made from extradition for a crime
they’re accused of committing when abroad.
An example is the recent
case involving two mid-twenties Bangkok men who are alleged to have been
involved in a murder in Australia. A Thai court has ordered their extradition to
Australia to stand trial. This raises questions that are the opposite of the
Pattaya attempted suicide case. Here the locals are doing everything in their
power to resist justice in Australia. The Australian authorities introduced
evidence sufficient to authorize an extradition. There is no indication the
Thais wouldn’t be given a fair trial. Young men from wealthy families in
Thailand have been known to walk away free from murder cases. The Australian
case raises the issue not about whether the men will receive justice but the
underlying processes that accompany a criminal case in Thailand where the
relative rank and status of the perpetrator and victim may outweigh other
considerations.
Criminal justice isn’t
some universal, agreed upon set of abstract principles, procedures, and
institutions that everyone agrees upon. They are built on local practice and
custom, embedded with relics of tribal traditions, kinship, and lineage. In the
West, societies are more pluralistic and that is reflected in how the criminal
justice system is administered. Members of the elite are sentenced to prison in
the West. Sure there are those who escape. But it isn’t a given they will
convince a cop, a prosecutor, court and jury that their status is their right to
immunity. That Get-Out-of-Jail-Free-Card is a reality in other countries. People
living in these countries have, in the past, accepted this state of affairs
though this may be changing. Arab Spring.
If the prevailing
consensus of the general population inside a country is that they belong to one
single racial, religious, ethnic group, expect this will influence their notion
of justice. Such a country has its own way of dealing with local crime and
criminals. A foreigner who is an outsider should understand justice as applied
to local and as applied to him will not likely match up. In such places, it is
right to for the foreigner to experience anxiety over his or her fate, fearing
law enforcement agents will resolve the conflict or confrontation in favor of
the locals. Or in the absence of such conflict, apply such laws against
foreigners while turning a blind eye when a local breaks the same law. The
racial purity argument pulses through many different nationalities and ethnic
groupings around the world. Mixing purity and justice is like mixing oil and
water.
The danger is being caught
out by the uniquely criminalized norms that you’d consider to be neutral if not
actually virtues in your home country. Some countries have religious police.
Saudi Arabia, Iran, Malaysia are three countries that come to mind. But other
countries like China and Thailand have secular equivalents (computer literate
volunteers) monitoring the Internet, Facebook pages, blogs, Twitter looking for
insults to their notions of the scared. Prosecutors stand ready to arrest and
imprison anyone (insider or outsider) who violate laws. This category of law is
carefully patrolled and guarded, ensuring that local norms and taboos attached
the sacred are strictly enforced. You should recognize that when you
travel abroad the sensitive nature of local beliefs and faith are backed up by
stringent laws with lengthy prison sentences imposed on violators. You may be
unaware of the norms as they lack a direct counterpart in your culture. But
ignorance won’t be a defense.
There are eyes and ears in
the street that hear casual remarks that violate a taboo may be not just
offensive but illegal. This is a category of crime that appears more often given
the free ranging discussions that social media and the internet encourage. In
the West, a lively exchange of opinion, criticism and argument is considered
normal. Unlike murder, rape and robbery, thought crimes once they are given
expression can land you in prison for periods as long as first degree murder
sentence.
The best piece of advice
you will ever receive is this: when you travel outside the cone of the
Enlightenment steer clear of all discussions of politics and religion, and
refrain from making any negative comments on local customs and culture. Stick to
discussions about fashion, food, shopping and the weather and you’ll be safe.
Smile and ask for another one of those tall drinks with a happy little umbrella,
sit back in your beach chair, and look at the sea. Tell yourself this is the
good life. You have earned this piece of paradise. But remember, too, paradise
has its prisons ready for for those who stray from that beach chair and mingle
with the locals under the delusion that the free-ranging intellectual tradition
of open discussion of the European coffee houses are welcome. They are not. You
will be talking your way through a field of thought land mines, and if you trip
over one, say goodbye to your freedom. And there will be absolutely nothing your
embassy, your lawyer, your mother or your best friend can do to help. You will
be another casualty of the war to protect the sacred. ...
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Posted: 12/8/2011 8:09:26 PM |
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When Willie Sutton, the
American bank robber, was asked why he robbed banks, he replied, “That’s where
the money is.” Brooklyn born Slick Willie was on to something. The economic
aspect of crime is vastly underrated. Extending Carl von Clausewitz’s war is
politics by other means we glimpse the reality that crime is business by other
means. We begin to understand the similar impulse between those who rob banks
and investment bankers selling hedge funds stuffed with worthless
mortgages.
If Willie Sutton were
alive today, he might rethink his assumption that banks are where the money is.
At least in places like Thailand. Not that there aren’t many banks stuffed with
cash. There are. The money is in vaults and hard to get into. And with Bangkok
traffic, once the heist is done, getting away is also a challenge. Besides, the
big money isn’t in banks. It’s kept inside houses of the class of people who
must report their holdings, cash, money, jewels and so on. These people are
politicians, senior civil servants, military and police big shots. The idea is
to prevent the people at the center of power from profiting from their official
position.
Transparency International
ranks Thailand #78 on the Corruption Perception Index for 2010– squeezed between
Serbia and Malawi.
What do corrupt officials
do with their cash? If there is a huge amount, it is difficult to spend without
attracting attention. Not to mention that a new villa or an airplane has to be
reported on the list of assets and the money for it must be accounted
for.
They could bank it. But
then there is a paper trail and they have to report it in Thailand, and someone
might raise an eyebrow over the odd ten million dollar deposit by an official
who on paper makes about $2,000 a month. Or the official might put the money in
the name of his maid or driver, a best friend or distant kin. All of those
alternatives have their own set of risk. Mainly a maid with ten million in an
offshore account might ask for a raise or two.
The other alternative is
to bag the cash, and keep it at home. That’s a safe place, right? The problem is
a lot of cash takes a lot of room. It can fill an entire room.
Servants working in such a
house notice these things. Open a door to a room and find wall to wall stacks of
bank notes makes dusting a delight. You wouldn’t want another job. In fact you
might brag to your friends. And may be some of your friends know people who are
criminals and before you know someone is planning a heist.
A man’s home is his castle
by English tradition. As far as I’ve been able to determine English tradition is
little followed in this part of the world. But a recent case involving a senior
civil servant, suggests that for some Thais home banking has an entirely new
meaning.
The permanent secretary at
the Transport Ministry Mr. Supoj Saplom, who also serves on the board of
directors of Thai Airways International and Mass Rapid Transit Authority, has
found himself in the public limelight. On the evening of 12th November, robbers
rolled up to his house while he and his wife were away.
The crew of robbers
apparently forced their way inside and made off with cash. Here’s where things
get interesting. Mr. Supoj apparently talked with the police and reported the
robbery once he arrived back home to find his maid tied up. He had little choice
as his maid spilled the bean to the cops as the house was broken in. It’s likely
that Supoj must have called the police to downplay the cash amount. His wife
also asked to the media not to make a big fuss about the heist.
The senior civil servant
initially told the police the robbers had made off with one million baht. There
are unconfirmed reports (that hasn’t stop the local press from reporting them or
me from blogging about them), that he phoned back and said, it was three million
baht and finally called again saying it was five million baht that had been
lost. You have this vision of a man trying to estimate what was taken and
finding it hard to come up with a firm number.
Since this is an important
VIP the police immediately set out after the thieves. The CCTV camera had caught
their images (though they were disguised) and their vehicle. Soon enough the
first couple of robbers were arrested. People who steal from VIPs almost always
get caught, and it makes you wonder why they continue to defy such odds. Clearly
these guys were in a different class from Willie Sutton who would have evaded
police for at least another 48 hours.
The Thai robbers had there
own version of how much cash they stole ranging from 9 million to 200 million
baht. To make it really interesting one of the robbers said they hadn’t made
much of a dent in the bags of cash they found. The robbers estimated there was
between 700 million to one billion baht in cash inside the house. What it comes
down to is no one is sure how much the robbers stole,whether the amount recover
by the cops is all or just part of what they stole, or how much cash was in the
house.
A couple of days ago a
Thai language newspaper reported that16 million was recovered and the police
confirmed at least 100 million was stolen. On Thursday 24th November, the
Bangkok Post said the robbers ran off with at least 50 million baht. One heads
swims with large numbers. It may be that the robbers, cops and Supoj haven’t yet
found out the exact scope of the robbery, who was behind the heist and how much
loot was left behind.
Cases like this one raise
enough questions to keep film makers, pundits, novelists, scholars, bankers,
political scientists, security operations personnel, prosecutors, investigators,
independent agencies and politicians in business for years. Mr. Supoj has been
transferred to an inactive position in the Prime Minister’s Office (it’s
confusing, I know, but trust me this is where most of these cases
end).
The lesson from the Supoj
caper won’t be lost on a globalized world of criminals. Forget about what Willie
Sutton taught all those years before. Get a copy of the latest Transparency
International Index Report, find a country with nice beaches, good climate that
is reasonably corrupt. Get a list of the senior politicians and civil servants.
Figure out the lay out of their luxury villas. Search on Google maps for the
ones with little or no security. That means a stakeout. Locate the surveillance
cameras, know how to disable them without letting those who watch them know
they’ve been tampered with. Wait until the boss and his family are away for a
wedding, funeral or holiday, disable the cameras and other security devices, tie
up the maid and steal the cash. Chances are the victim won’t make Mr. Supoj’s
mistake and call the police. They can see that approach is bound to backfire.
But it would be a good idea to get out of the country as soon as
possible.
Perhaps the only way to
combat corruption is to give the modern day Willie Suttons a green light to
strip away the ill-gotten gains of the corrupt. Let the bank robbers clean up
government by cleaning out the corrupt. At least with crooks like Willie Sutton
you have an admirable degree of honesty as to what they do and why they do
it.
Police interrogation of
the initial set of robbers indicated they had been carefully planning the heist.
They had rented a nearby apartment and went on stakeout. They said, Mr.
Supoj was “unusually rich,” so he must have taken it “from the people.” But they
were more Willie Suttons than Robin Hoods, as their is no evidence they were
handing out cash to the poor.
There are thieves and then
there are thieves and sometimes it is difficult to tell the good guys from the
bad one. In this neck of the global woods, honestly rarely extends to the class
of politicians and civil servants gorging at the expense of the
public.
We can kill two birds with
one stone. We make it much more dangerous to be corrupt and we allow
professional thieves to retire and leave the rest of us alone. Of course, the
corrupt won’t take this lightly. I’d recommend buying shares in international
security agencies that advise the ultra rich how to protect themselves, property
and cash from the likes of the Willie Suttons of the world. In that case, you as
a shareholder make off with the cash that a wannabe Willies would otherwise
take. ...
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Posted: 11/24/2011 8:18:24 PM |
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No one opens a crime novel
unless they are looking to dance with violence. Murder, assault, and rape are on
the dance card. The larger question is whether crime fiction authors understand
the nature of violence and accurately write about how violence occurs in
reality, or how to protect oneself against an act of violence. Crime fiction
authors also by the very act of writing novels about crime are making statements
about the prevalence of violence in society, how society protects itself against
violent offenders, and how we can defend ourselves when the target of
violence.
Steven Pinker’s The
Better Side of Angels is a chronicle on how we’ve tangoed with violence
over deep time. Part of Pinker’s thesis supported by a lot of historical data,
is that the past was a far more dangerous, violent place. The chances of being
murdered 700 years ago were around 50 times greater than it is today. One
statistic that stands out in the review of the long period of peace from 1950 to
the present (no Great Powers have gone to war against each other) is that during
this period there were two wars involving the Americans. The Korean War with
losses around 38,000 killed and Vietnam with over 58,000 killed. Even if the
numbers of those killed in these two wars were added to the numbers of the
“smaller” war in Iraq and elsewhere, the absolute number still pales in
comparison with the number of murders in the United States over that same time
frame: 1,000,000 murders.
And still we are far safer
than our ancient ancestors were in meeting a violent death.
People are far more
mindful of security today. They are more concerned about violent deaths. We tend
to believe that the ‘present’ is the way things always have been. That is
demonstratively false. The obsession about crime has created, at least in the
United States, a massive prison system with over two million people locked up.
Most of them haven’t committed a violent crime.
In this state of anxiety
over personal safety, our inflated sense of risk demands that we not just rely
on the police to protect us against violence but that we are prepared to defend
ourselves. This brings up the discussion of guns. There is a sense that being
armed to defend oneself is a natural and normal response to violence. Others
would argue that a ‘gun’ isn’t the best defense. Violent people are the product
of a defective self-control mechanism. They can’t handle anger. Push the wrong
button on such a person and a violent reaction is often the automatic
response.
Then what is the best way to defend
oneself confronted with a person who may use violence? Prevent the escalation of
violence is the simple answer. As one writer on violence puts it, distinguish
between fear management and danger management.
Violence falls into a
couple of categories. A violent confrontation with someone you know, or a
confrontation with a stranger. The vast majority of violence falls in the first
category. The perpetrator and the victim know each other. In the second case,
violence emerges through a different dynamic. If it is a robbery, the robber
doesn’t have anything personal against you. He only wants your money or other
valuables. You might do something to make him react violently but that isn’t the
intention going into the robbery.
Sam
Harris in an Essay
titled “Truth About Violence” has made a case that the best defense is to
understand the psychology of what fuels it. A great deal of violence is
committed by young males. Violence is part of the status seeking and retaining
mission which defines the person’s worth to other young males. Violence is also
part domination ritual, where the stronger seek to exert power over the weaker,
less brave and able. Historically violence was used in conquest, taking land,
treasure and resources from others. One of the most effective ways to abort an
act of violence is for the ‘potential victim’ to not challenge the person making
the insult, intentionally bumping into you, glaring at you across the room. The
advice: don’t react, just move on.
We are hardwired to react
emotionally at just the time when we should be the most cool hearted. In those
seconds when our ape brain urges us to return the insult, the shove, the glare,
we should be moving out of range. If you think that is cowardly, then you’re
wrong. Standing your ground and allowing escalation is never self-defense. It is
a fight. And the chances are you will get hurt, or hurt the other guy and end up
going to jail. Anyone who has been in a fight will tell you they were defending
themselves. Prisons are filled with people who lost that argument. They weren’t
defending their physical person from an actual attack, they were seeking to
redeem their ‘honor.’ And honor redemption will put you in jail or hospital.
Either way, whatever honor you’ve redeemed won’t fix the overall loss that you
are likely to suffer.
First rule: stay away from
dangerous people and the places those kinds of people gather. Dark alleys at
3.00 a.m. Neighborhoods infested with bikers and street gangs. If you avoid
these people and the places they go, you greatly reduce your exposure. Walking
on the wild side is fun until it’s not. If you are in a fun zone and you are
confronted by a violent person, never add fuel to an angry, potentially violent
person’s fire. Turn and walk away. Remember if you trace your ancestors back to
the beginning, most of them followed that course of action. You can be sure of
it. Otherwise, you wouldn’t be reading this blog. You wouldn’t be here because
some hot head in your lineage decided fighting for family honor was of greater
value than escaping. Light a candle for the escapers in your lineage tonight.
You owe them your life.
Second rule from Sam
Harris don’t ever value property to the point you are willing to risk your life
to defend it or take the life of someone seeking to take or destroy it. When a
teenager snatches your cell phone or your new MacBook Pro, let it go. If you are
packing a gun, are you going to draw down and shoot him in the back as he’s
running away? Not a good idea. Let it go.
Lastly,Sam Harris
considers the situation where you’ve done everything you can to avoid the
confrontation, but the person intent on committing violence against you is
trying to gain control over you. Such a person may well hurt or kill you. Your
best plan isn’t the fancy karate kick or pulling a gun, your best hope is to not
give into the attempt to control you. If you give the mugger you wallet, turn
and run. Chances are he won’t shoot you. He wanted the wallet. If he is going to
shoot you in the back, he’d likely shoot you standing eye ball to eye ball and a
running, moving target is harder to hit. And what’s he going to do with the
body?
Hollywood and TV adds to
the misinformation about dealing with violence. Ever notice in a film when
someone gets shot, they drop like a rock, stone dead. In real life, you shoot
someone and the chances are highly likely they will return fire within the next
90 seconds. If you are in the way of that fire, you’re going to be as dead as
them. Only a few seconds later. But you’ve read about the martial arts program
that will allow you to defend yourself against the violent thug. Unless you’re
going to Navy Seal training, what you will learn may give you a sense of
protection and it will also likely get you killed. The dangerous illusion is a
gun, a knife or martial arts works immediately. It doesn’t stop the violent
person from inflicting death or injury on you.
The recommendation of the
experts is you need to remain cool under the threat, find a way to break out of
your situation and that may require one of a handful of physical plays that are
intended to give you a window of time to escape. Not to hurt or kill the other
person but to create enough problems and confusion for him that opens an escape
hatch for you to leave the scene. ...
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Posted: 11/10/2011 8:41:51 PM |
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Last week Margie Orford
posted a link to an article about a morgue in Scotland that was soliciting bids
in a competition among a list of famous crime fiction authors. The winner’s to
name will be affixed to the new morgue. Whether having a morgue named after a
crime author is about the highest honor we can aspire to raises a host of
questions. One that is open for debate. But the Scottish morgue’s solicitation
does raise an interesting question in the world of commerce in which business
owners use authors’ names to brand their product.
The University of
Dundee
launched a campaign to raise £1 million for the new facilities at its Centre for
Anatomy and Human Identification.

Hotels are another good
example of author name branding. The Oriental Hotel in Bangkok has upmarket
suites costing a thousand dollar a night to stay at the Noel Coward, Joseph
Conrad, Gore Vidal or Somerset Maugham suite (there are other authors,
too). A guest who stayed at the Sylvia Beach Hotel in Newport, Oregon,
left this comment: “I really loved the F. Scott
Fitzgerald room, it was funky/shabby/30′s chic, and yet so clean.” And a search
on Google will reveal many hotels advertising rooms named after
authors.

How about having a genus
of butterflies named after you? Vladimir Nabokov has one. Nabokov may be the
only writer to ever have a butterfly and an asteroid named after him. Some
government agencies also use authors’ names.

Take the board that runs
the New Jersey Turnpike. They’ve named rest areas after Walt
Whitman, James Fenimore Cooper and Joyce Kilmer.
In Michigan, Rudyard Kipling has two postage
stamp sized towns (a few hundred people each) named after him. One Rudyard,
Michigan, and the other Kipling, Michigan. In England, Kipling has a lake and a
small village named after him, too.
There is a stout
beer
after Shakespeare. I suspect there are lots of stuff that carry the bard’s name.
Poets aren’t left out. See: Shipyard Longfellow Winter
Ale.
Playwrights are also represented in
the beer and ale business. The Mighty Oak Brewery’s Oscar
Wilde Mild has distinguished itself:
“Oscar Wilde, A dark mild, again a winner of numerous awards
including Champion Beer of East Anglia 2005, Champion Mild of Great Britain
2006, Champion Mild of East Anglia 2010, and Supreme Champion Beer of Britain
2011 at CAMRA’s Great British Beer Festival.”
This naming business can
sometimes backfire. Take Gary Larson
of The Far Side comic fame. Entomologists named a blood-sucking owl
louse after him — strigiphilus garylarsoni. And I thought scientists
were our friends.

Some places are less
friendly to naming things after writers. For instance, it has been reported that
English
Canada has no places named after Canadian writers,
artists or their works. Unlike the Australians which have at
least Darwin, Northern
Territory –
Charles Darwin. Russia and the former Republics are
filled with places named after poets, writers, and playwrights. The French have
places named after Descartes – René
Descartes and Voltaire
As the naming business has
as much to do with the quest for immortality as it does from the profits of a
successful brand, authors are well advised to look to outer space where there
are many objects from asteroids, to stars and moons pleading for a name along
with the usual scientific number. There are dozens and dozens of authors with a
capital A, novelists (those with a small case ‘n’), poets, and playwrights who
have their names attached to heavenly bodies. I’ll stick to some examples of
novelists who are out there at night twinkling in a cloudless sky.

Frankly, I’d settle for an
Omelette Vincent Calvino. Of course this has already been done with the
Omelette André Theuriet – the French
novelist and poet André Theuriet (1833–1907) which is an omelette
with truffles and asparagus named for him. Another Omelette author combination
is the Omelette Arnold Bennett. Wiki describes it
as “an unfolded omelette with smoked haddock” and it was created at the
Savoy Hotel for the writer Arnold Bennett The Omelette Vincent Calvino
lavishly stuffed with thinly sliced onions, fresh black olives and a healthy
dose of Omega-3.

Let’s move along to lunch
for a Salad à la Dumas – Alexandre Dumas,
père (1802–1870),
the noted French author. That leaves dinner. For a starter, say go with the
Bisque of shrimps à la
Melville named
after American author Herman Melville (1819–1891). For the main course,
I’d recommend going with the Lamb chops Victor
Hugo after French
author, Victor Hugo (1802–1885).
For a late night snack,
I’d recommend Pizza Bangkok Noir—mushrooms, green olives, and salmon. It’s not
on the menu at Queen’s Victoria Pub over on Soi 23, Sukhumvit Road, but I am
working on it. Meanwhile, returning to the cosmos, there remains a great deal of
space for authors’ names in the future. It’s not like we are going to run out of
stars. And that might be the problem. When it becomes ordinary to attach an
author’s name to an object, doesn’t it lose the magic of being
special?

For special, we’d do
better to limit ourselves to the space junk in the form of dead satellites and
assorted man made junk that remains unnamed. It might inspire a new literary
award system given annually to the author whose work mostly closely recreates
the feeling of dangerous pieces of space junk crashing through the roof of your
house. Come to think of it, those objects ought to be reserved for financial
high rollers: the top 400 in America. After those 400 names are exhausted move
onto the Wall Street Banksters and their pet politicians. There’s a lot of junk
circling the planet. The chance to name it shouldn’t be wasted. The Occupy Wall
Street crowd ought to draw up a list of candidates whose name will be attached
to a particular piece of space junk. We could all vote online. Now that would be
democracy in action. ...
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Posted: 11/3/2011 9:01:55 PM |
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The idea of a criminal as
an outsider is a well-established character in modern crime fiction. Ever since
Dostoyevsky’s Crime and Punishment published in 1866, we’ve been
familiar with the morally superior killer who feels he’s committed no crime.
Raskolnikov, the central character, an ex-student from St. Petersburg murders a
pawnbroker. His purpose is to end the life of a worthless person and use the
money for worthy charitable purposes. The act of using the money to help others
cleanses the murder in his eyes. What makes the novel of modern interest is the
killer’s belief in that his higher purpose and his personal assessment of the
value of another’s life justifies murder.
Raskolnikov’s crime is one
that reveals an attitude about the killer’s view of his right to judge, and his
calculation that his judgement elevates him above others whose lives are not
absolutely secure but conditionally lived according to a moral judgement of
value and worth.
This line of reasoning has
echoes through modern society. An argument can be made, that drone attacks are a
testament to the Raskolnikov’s view of life. Like a pawnbroker, those on the
receiving end are thought to have forfeited the right to live by others making a
moral judgment. A counter argument is the old pawnbroker in Crime and
Punishment wasn’t waging a campaign to contain terrorism or protect the
lives of non-combatants. The purpose of drone attacks is to kill people targeted
as terrorists or those who are leaders or supporters of terrorism. In the case
of drone attacks, a government is carrying out the policy. It isn’t an
individual’s morality but a societal higher purpose that comes into play. War is
collectivized murder and justified as it is sanctioned by the state. But a state
might also sanction the extra-judicial murder of drug dealers, or sending
illegal immigrants to sea without supplies knowing they will likely die. The
line suddenly blurs very quickly once politics and murder are mixed.
The TV series Dexter
features a central character who kills serial killers. Raskolnikov’s game is
upped by making the victims morally repugnant, vile, dangerous predators that
the criminal justice fails to apprehend, put on trial, convict and sentence. Is
Dexter in a higher moral position than Raskolnkov given the difference in the
profile of the victim? In other words, do we judge the wrongfulness of murder
according to the extra-judicial act of killing by a private individual against
the moral worthiness of the victim? This was the dilemma that Dostoyevsky asked
us to face.
Richard Stark (A.K.A.
Donald Westlake) in his Parker series of novels has a professional thief who
kills those who have betrayed him or shown disloyalty. He has no first name.
Stark refers to him only as Parker. The novels are brilliant studies of a
criminal who plans robberies with military precision, assembles a reliable crew,
and inevitably finds something goes sideways along the way.
Parker’s code of criminal
conduct is to demand honor among the crews he puts together for a heist. When a
member tries a double cross, Parker’s morality is clear. That person must die
because he violated Parker’s code. Parker has no sense of remorse or
sentimentality in these circumstances. As crime fiction writers, there comes a
point in writing about a character where the author must make a decision. When
is it justifiable to take another’s life? What are some of the large
implications of Parker’s worldview that betrayal justifies a death sentence? And
are they in the same category as Raskolnkov, Dexter, and Parker?
My sense is that it is
difficult to wean us off the idea that the state doesn’t have an absolute
monopoly on high ground where a decision is made about killing. The current
discontent exhibited by Occupy Wall Street showing a growing feeling government
does not serve the higher purposes of society, but represent an elite segment
who justify repression and killing in a manner oddly similar to Raskolnkov.
Self-help fills such a vacuum. Citizens claim a moral high ground above their
governments. Not only does moral clarity evaporate, people begin to believe they
now are the true carriers of the moral purpose.
Like an expanding stain,
though, such ideas have a tendency to grow outward, cover more ground, until
everyone has their own ‘higher’ purpose and that makes it right for them
to play judge and executioner. We live in world where the Raskolnkovs, Dexters,
and Parkers snuff out lives because it serves a higher purpose. It is a short
step to view higher purposes with the passion of true believers, where action
heroes act like gods. Rather than feeling appalled at such conduct, we find
ourselves satisfied that the Judge Dredd’s of society are removing the
parasites, the worthless, the morally bankrupt, and the dangerous.
When someone put a bullet
into Colonel Gaddafi, an overwhelming number of people around the world cheered.
An evil man. Good riddance, they said. They said a higher purpose was achieved
in avoiding a trial. One that might have dragged on and inflamed tribal hatred.
The point is that in such circumstances, there is always a higher purpose given
for the killing. This is a slippery slope that ends in grief.
Collectively we do have
higher moral purposes. They are written into laws. Not everyone agrees with all
of them (e.g., abortion, gun control, etc). The fabric of society rests on
agreeing that the laws and institutions that administer them. Murder for higher
moral purpose can never be elevated above those laws and institutions. We vest a
criminal justice system with the mission of carrying seeing that these purpose
serve society. The problem is less the moral high ground but who stands on that
high ground. When individuals claim they have the right to murder, that their
murders are morally right, they are taking a page out of Crime and
Punishment. Like Raskolnkovs they have committed no crime but added to the
moral goodness of the world.
In their warped moral
space, the terrorist bomber and the killer of the abortion clinic doctors
converge. They kill for a higher good, and by doing so diminish any notion of
secure, civilized society. We are rarely tested by the good. Our tests comes
when dealing with the most loathsome actors like Gaddafi. The matter of his
death, in the end, showed that for many there was no real line of difference
between him and them. ...
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Posted: 10/27/2011 8:41:41 PM |
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Each society defines what
conduct makes a person a criminal. Therein lies a great power. This power is
projected through an official processing of the criminal who is walked through a
series of decisions, which determines his or her fate. We are still at a
relative early stage in the development of a justice system.
Only a couple of hundred
years Western states sanctioned the use of judicial torture. Torture was both a
means of determining guilt and as well as a means of punishment. In this era,
the distinction between guilt and punished lacked the bright line edge as
officials of the state inflicted upon the accused and guilty alike the wheel to
break their bodies, burnt them at the stake, sawed them in half, and impaled
them. This way of treating those subject to the ‘justice system’ wasn’t carried
out by aliens. These judges were our ancestors. We carry their DNA, our brain
chemistry is the same and effect by the same kind of external and internal
drives and factors. Deep down, I suspect that the core mentality that guided our
ancestors also guides modern day crown counsel, judges, and others who are part
of the criminal justice system.
Our default for handing
out a sentence is not, I suspect, that different. In most modern societies
judges approach the sentencing phase of a prosecution by applying their
experience and training, legal knowledge, modern objective standards of justice
mixed together with their subjective moods, attitudes, values, and cultural
indoctrination. Something as simple as the timing of judge’s last meal can have
a considerable impact on his decision. A recent study 1,000 parole decisions by judges in
Israel, for example, showed that it is better to judged after a snack or lunch
break rather than by a judge on an empty stomach. When considered by hungry
judges the suspect received far less favourable treatment than his counterpart
with a nearly identical record received from a well fed one.
In our century, we pride
ourselves at the great improvements that science and technology have delivered
to the criminal justice process. Anyone who has watched CSI has a glimpse of how
modern crime fighters evaluate evidence by using the scientific method. Rather
than judicial torture to extract a confession, evidence must be scientifically
tested, reviewed, explained and justified by those seeking to use it for a
conviction.
All of that science to
determine guilt threatens to come undone because a judge’s stomach is churning
from hunger at the sentencing phase. Or the guilt of a criminal becomes
secondary to a larger political objective as in the case of the release of over
a thousand Palestinians prisoners jailed in Israel in exchange for one
Israeli solider. Guilt is a snapshot in time. The meaning, validity and scope of
the original sentencing remains open-ended, subject to periodic review or other
external interventions. The uncertainty of this process creates a space for
debate on how we sentence, who is sentenced, when it is legitimate to pardon or
parole or exchange prisoners, and the distinction between the safeguards that
surrounded guilt and how they are different from the ones around
sentencing.
A trial to determine guilt
now is guided by a scientific hand. Both sides use experts to support their
narrative as to the story the evidence tells. Once the verdict is guilty, a
second phase of the proceedings begins: sentencing. There is no DNA test to
guide the judge who must decide what sentence is appropriate to the crime and
the person who has been found guilty of committing it. We find that great
developments in science and technology have caused a divergence between the
guilt and sentencing phase. That leaves the suspect with one foot in the current
century and the other foot in much earlier time. Sentencing needs to be refined
into two parts: (1) the range of sentences available to be imposed; and (2) the
standards used by judges (or juries) to impose a particular sentence.
As for the first part, in
a recent essay on The
Edge, Professor Steven Pinker of
Harvard University, reminds us that during 18th century England there were 222
capital offenses on the books, including poaching, counterfeiting, robbing a
rabbit warren, being in the company of gypsies, and ‘strong evidence of malice
in a child seven to 14 years of age.’”
What is remarkable is that
a century later the number of capital crimes in England had been reduced down to
four.
During the 17th and 18th
century in the United States the majority of people hanged had committed a
non-homicide
offense
such as “theft, sodomy, bestiality, adultery, witchcraft, concealing birth,
slave revolt, counterfeiting, and horse theft.” The widespread sentiment in
favor of capital punishment for a broad range of crimes seems rooted in the
distant past. Today capital punishment is reserved for capital offenses in the
USA, and has been abolished in England and throughout Europe.
An important distinction
between the past and the present are the number of judge like officials.
Handling down orders and decrees to punish offenders isn’t restricted to the
courts. Administrative agencies and committees and regulatory boards often have
the authority to impose a penalty on wrongdoers that fall within their
jurisdiction. In modern times there has been a rapid proliferation of officials
who have judge like powers.
One of the original
purposes of vesting a centralized state and its officials with a monopoly over
determining guilt and punishment was to reduce the cycle of revenge that tribal
societies used when one of its members was harmed. As Pinker points out, the
evidence is overwhelming that this purpose has been largely achieved by a
50-fold reduction in homicides in places like England. Part of what keeps
revenge at bay is the sense that the state will punish the wrongdoer and that
punishment is mostly less than killing him. Pinker’s point in assessing the way
society controls violence while important needs to be placed in a wider context
of consensus about laws, crimes, and punishment that run through
society.
What I am suggesting is
the state having achieved the goal of creating a largely docile population no
longer bent on killing each other, the mechanism of judging has been fine tuned
to advance the interest of those who comprise the state. While the mission creep
is done in the name of security and stability, which is just another way of
saying the State is carrying out the business of violence deterrence, this is a
subterfuge. As Pinker’s essay shows, we have reached diminishing returns on what
the State can do to deter the small and likely irreducible amount of violence
that continues inside any political system. That hasn’t stopped modern States
from inventing and using external and internal threats of violence to convince
citizens of the need for additional restrictions on their freedoms and rights.
The possibility of violence has always been the best friend of a repressive
State or one that wants to get into the repression game.
Perhaps as science comes
closer to unlocking the mystery of consciousness and determine at a quantum
level the elements that make some people more likely to commit crimes, attitudes
to sentencing will also be transferred to the realm of science. But that day is
some in the future. We live in an age where in parts of the world a thief
may have his hand cut off, a woman convicted of adultery stoned by villagers, or
‘honour killings’ of females who marry without the permission of family and
elders. How we treat a convicted wrongdoer is more of a mirror of the culture
than all of the poetry, paintings, novels and religious texts combined.
Punishment is a graphic illustration of attitudes toward life, power
distribution and arrangements, deterrence, rehabilitation, responsibility,
forgiveness, and security.
At the international level
there are UN conventions defining Human Rights. This is the lofty intellectual
level where principles are objectively applied to all societies. In reality, the
belly of the judge may override a convention. The political agenda of a society
may give priority to laws, which primarily function to maintain long-standing
power structures, social status, and economic cartels. Human rights will almost
always take a backseat to the extent such rights conflict with interest of the
powerful. It’s not just the hunger of the judges that causes a less enlightened,
compassioned view of a ‘suspect,’ it is the hunger of the less powerful for a
fair share of the pie who have been told that they can never have a piece that
exceeds a specific size.
Resistance to this message
combined with modern technology, has allowed them to organize and take to the
streets of streets in cities throughout the world. This is one of the
undercurrents to movements like Occupy Wall Street. People feel they have been
arbitrarily sentenced to a life without parole at the whim of hungry judges,
reinforced by the military and police, who act as the puppets of the
unaccountable and powerful. Judges are seen as a class who automatically rule in
favor of those who own the banquet halls, from which are excluded all but close
friends and family.
The larger concept behind
sentencing has escaped the narrow confines of criminal justice. The implications
of the social and economic aspects that influence the political system raise
legitimacy issues. To be sentenced means those doing the decision-making must
have a consensus they are acting on behalf of the whole society and not a small
privileged segment. Many people around the world are asking hard questions about
benefits, privileges and power of the one-percent who have walled themselves off
behind a shield of laws that no longer break bodies on a wheel, but are designed
to break their spirit through repression and fear. ...
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Posted: 10/20/2011 8:53:30 PM |
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Most of the time
prosecutors will tell you the suspect voluntarily admit that he/she committed to
the crime alleged by the police. There is no trial to establish guilt. It is
human nature to confess. And sometimes the police help human nature along with
threats, intimidation, torture, and promises. The good cop, bad cop routine has
been done in hundreds of TV shows and films. When the suspect maintains his
innocence, the Crown carries the burden of establishing guilt beyond a
reasonable doubt.
Science has helped
providing tools to assist the Crown in proving guilt. From fingerprints to DNA
evidence, a case can be built that the suspect committed the alleged crime.
Often a jury will convict based on such evidence. By attaching the word
‘scientific’ to an assessment of crime evidence, is to markedly increase the
credibility of the link of such evidence to the accused.
Recently the Houston
police department was in the news concerning its crime lab results between the
years 1987 to 2002. Three death penalty cases were thrown into doubt as a result
of the review. The independent review concluded that reviewing “about 2,700
cases originally analyzed by the lab’s six forensic departments. So far, 1,100
cases have been reviewed. Nearly 40 percent of DNA cases and 23 percent of blood
evidence cases had major problems, the report found.” Link: http://smithforensic.blogspot.com/2011/10/houston-crime-lab-disturbing-findings.html
The Report concluded, “Our
work to date in reviewing cases analyzed by these sections reflects a level of
performance completely unacceptable in a forensic science laboratory providing
critical support to the criminal justice system.”
The questions raised by
the Report are more basic in Asia. Would the Thai police department authorize
such an independent analysis of crime lab results? Police forces have their own
cultures and turfs to protect. Outsiders are rarely welcome to walk in and look
over the operation, study the process and techniques, and produce a critical
analysis from the research. The transition from a policing culture that is
self-contained and largely beyond the process of periodic outsider review is a
difficult one. It takes political will to foster such change. And it takes
pressure from the public to demand political action to begin with.
Crimes don’t come in a
single size that fits all. Most of the time we think of crime as the thief, the
robber, rapist, burglar, killer or mugger. The popular press in Thailand
regularly reports on the latest crime in this category.
A recent example reported
in Pattaya
People documents a
refrigerator theft in Sriracha. The thief was heisting the fridge from the home
of Mr. Chit who happened to be 84-year-old, well armed and caught the thief in
the act. Mr. Chit set after the burglar with his gun, firing it in the air.
The thief took flight, dumping Mr. Chit’s fridge in a nearby bushy area. The
84-year-old didn’t get a good look at the thief but suspected it was the same
guy who a couple of days earlier had run off with his water pump and gas cooker.
After that theft, Mr. Chit decided to arm himself. The police are conducting an
investigation.

Mr. Chit’s fridge
inspected by authorities
In the second category of
crimes, the ‘suspects’, ‘victims’, and ‘state authorities’ clash as part of in a
political crisis that has spun out of control. You don’t have to look far around
the world to find one of those in the Middle East, North Africa, Asia, or
America. Most of us remember the recent riots and looting in London. And much
the same happened in Vancouver after the Stanley Cup match ended in defeat for
the Canadian team.

On the photo above you can
zoom in to identify the individual faces in the crowd. An example of how
technology makes it very difficult to hide in a crowd.
What role does forensics
play when the scale of violence ramps up into the hundreds or thousands of
people who are committing ‘criminal acts’ in full public view? Cultural,
political and social factors guarantee that there will be no one answer as one
reviews the reaction of authorities from country to country.
Ultimately the
professionalism of a police force is linked to its ability to adapt to the
modern scientific methods used to solve crimes. When crimes may have a political
component, the science part of the equation is under threat. Thailand had gone
through a difficult period since 2010 when the line between politics and crime
blurred, overlapped, leaving many unanswered questions as to culpability and
responsibility for deaths and injuries.
Science offers a
methodology for assessing evidence and linking it to suspected wrongdoers, but
such methods run political consequences. So long as the fear of such
consequences outweigh the results of scientific evaluation by independent
assessors, science will take a backseat to politically forces divided over the
fundamental issue over government reach and action where agents of the state may
have committed the crime.
We can smile when
84-year-old Mr. Chit sets after a local thief, fridge in his arms, with his gun
in hand in hot pursuit. But the smile fades quickly when the state authorities
are the ones doing the shooting and they are not necessarily firing in the
air. ...
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Posted: 10/13/2011 8:57:04 PM |
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There was a recent court
case in England involving a murder conviction based on expert witness testimony
premised on Bayes’ Theorem. That theory, of course you will recall, comes from
an 18th century English mathematician whose name coincidentally was
named Bayes. Actually the theory is intended to give a mathematical probability
that given one event has happened suggests the relationship with a related
event. Often it has been suggested that Bayes’ Theorem supplies the math to
demonstrate what our common sense, logical mind tells us is the connection
between things related in time.
For example, the cop pulls
over someone who has run a red light and the driver has alcohol on his breath.
The cop asked, “Sir, have you been drinking?” The driver slurs his words, “Not a
drop, officer.” The driver smells of beer and there is an open bottle of beer on
the passengers seat that is half empty. You don’t need to be a mathematician to
draw a conclusion that the probability is high that the driver is lying and that
indeed he has been drinking.
But a recent UK court
decision threw out a murder conviction on the basis the footwear expert’s faulty
calculations and poor explanations concerning footprints left behind by the
murderer. The evidence came down to whether the accused had worn the Nike
running shoes that had left tracks at the murder scene. If the judgment had been
left that the expert had got it all wrong, then Bayes’ Theorem would remain in
an expert’s arsenal and effective weapon at that. But court attacked the
theory!
As the Guardian
reported, “In the shoeprint murder
case, for example, it meant figuring out the chance that the print at the crime
scene came from the same pair of Nike trainers as those found at the suspect’s
house, given how common those kinds of shoes are, the size of the shoe, how the
sole had been worn down and any damage to it. Between 1996 and 2006, for
example, Nike distributed 786,000 pairs of trainers. This might suggest a match
doesn’t mean very much. But if you take into account that there are 1,200
different sole patterns of Nike trainers and around 42 million pairs of sports
shoes sold every year, a matching pair becomes more significant.”
The problem was the expert
couldn’t testify as to the precise number of the type of Nike trainers had been
sold in England. He relied on what the Guardian called “rough national
estimates.” The judge decided that unless the underlying statistics were “firm”
the Nike shoeprint evidence wasn’t reliable enough to justify a murder
conviction.
The analysis of the court
has led others to conclude that there is a misunderstanding between judges,
prosecutors and lawyers on the one hand, and mathematicians on the other. Many
criminal cases are based on circumstantial evidence. The question is how to
assess such evidence, and place it in a context that ranks the odds of the
evidence pointing to the guilt of the accused. Bayes’ Theorem can never provide
a certain, fixed connection. It can only give the odds of such a
connection.
Something like Bayes’
Theorem is a likely companion for law enforcement agencies. Profiling has a
Bayes’ Theorem backbone, suggesting that the odds of catching a bomber increases
in the presence of certain age, gender, racial and other personal
characteristics. This is why at airports you are told the searches are ‘random’
because many people are uncomfortable with the idea of being profiled. Though
from a Bayes’ Theorem point of view, calculating the odds by taking into account
such factors may increase the odds of catching a bomber before he/she has set
off the bomb.
On Tuesday, I was riding
the BTS from Chidlom Station to Asoke Station. I had been to meet a friend for
lunch, and afterwards, I stopped to buy 18 bagels for a friend who lives in
Chiang Mai. The bagels were put in a brown bag and the brown bag slipped into a
clear plastic bag, which I carried. On the train, I noticed two police officers
had cornered a black man on the Nana Station platform. One of the cops flipping
through what looked like a passport. I figured the cops had profiled him: black,
T-shirt, jeans, young and in the Nana area of Sukhumvit Road.
When I got off the train
at Asoke, I walked toward the MRT (the underground train in Bangkok) only to be
immediately joined by a uniformed Thai cop. He saddled up beside me. “What’s in
your bag?” he said. “Bagels.” He looked at me. I asked him, “Do you know what a
bagel is?” Apparently not wanting to admit he didn’t, he said, “Bagels.” I said,
“Bagels.” Then he reached toward my bag and started squeezing the bagels. Not
once, but two or three times. The top, the middle and close to the bottom of the
bag. It was bagels all the way down.
In Thai cop school there
must be a class where the resident Bayesian expert teaches street cops that
bagels have a certain squeeze identification factor that increases the odds that
indeed they are bagels as opposed to drugs, a bomb, pirated CDs, body parts, or
any number of things that cops think that foreigners traveling between the BTS
and MRT might be transporting.
Then he asked (in English)
where I was from. “Canada,” I said. And I asked where he was from. “The South,”
he said. He asked where I was going. I told him my soi number. Then I asked
where he was going. He shrugged. The policeman didn’t seem to have any place in
mind as to where he was going next.
Having had a good squeeze
of bagels, he looked slightly disappointed. He said that he was from the South
of Thailand. If there was one place, where a good theory based on Bayes’ Theorem
ought be used, it was in the South, where daily bombing and assassination is an
odds on certainty. I left him watching as I walked through the scanner frame to
the MRT and the security were waiting. I took off my backpack, which has
multiple zipper pockets, unzipped one of the smaller ones, the security guard,
glanced, turned away and I walked through. He had no interest in my bagels.
Didn’t ask to look. Didn’t request a squeeze. Come to think of it, the cop never
asked me to open my backpack.
When you come to Bangkok,
you need to understand that Bayes’ Theorum is colored by local culture and what
might seem odds on a bag of bagels to you, is something quite sinister to a Thai
cop who by the way didn’t seem to know where I could buy lox and cream
cheese. ...
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Posted: 10/6/2011 9:07:52 PM |
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In advance of publication,
Steven Pinker’s new book The Better
Angels of Our Nature: The Decline of Violence in History and Its
Causes has
been getting stellar reviews. The
Guardian’s David Runciman has weighed in with such a review.
The premise of the new book is that until the Enlightenment, the world was an
exceptionally violent place.

Murder was common.
Violence was the usual result of strangers meeting. Torture was widely
practiced. As David Runciman noted in his review of Pinker’s book, murder was
often a spectator sport. A victim might be stuffed inside a ‘hollow brass cow’
and roasted alive over a raging fire. The brass cow had an open mouth to amplify
the screams of the person cooking inside, providing entertainment to those in
attendance: a primitive jukebox broadcasting the lyrics of a victim being
roasted alive. Remember: these people, both victim and audience, were our
ancestors (may be not the victims unless they had reproduced prior to entering
the brass cow). We come from this heritage. Historically our species killed each
other on an epic level. We watched and were entertained by the slow death of
others. Next time someone tells you they wish to return to the glorious past,
mention to them what they thought about the ‘brass cow.’
The obvious question by
the person in the back of the classroom, “Professor Pinker, What about all the
people killed in the two world wars in the 20th century?” He’s
well-prepared for that one. Those wars and the slaughter only revealed what
amateurs we are in the murder business. The killing was small change compared to
the past. Also we tend to pay more attention to events closer to our own life
times and invest that knowledge as having a privileged position.
What I’d like to find out
when I finally have my copy of the new book is whether Pinker addresses killings
that take place on the high seas. I’m prepared to accept that most of the
slaughter racked up by our collective ancestors likely occurred on the ground,
in forest, mountains, pastures, and the like. But I also have a hunch, and it is
only that, the killing that happened offshore in many parts of the world remains
locked in the old ‘brass cow’ cycle.

Thailand’s fishing
industry, which is heavily reliant on use of Burmese and Cambodian immigrant
workers for crew is a case in point. The BBC reported Thai fishing boat
captains workplace consisted of drugs put into drinks, routine beatings and
random acts of violence. Burmese crews worked under these conditions 20-hours a
day for weeks and months, some even years. The BBC also reported an eyewitness
who saw three of his fellow Burmese crewmembers killed on a Thai fishing
boat.

The Bangkok
Post quoted
Phil Robertson of Human Rights Watch, who wrote the report, saying “marine
police in one Thai coastal area told him they found up to 10 bodies a month
washed up on the shore.” That leaves unanswered how many more crewmembers were
killed and their bodies have been recovered.
It’s not only the Burmese
who get a bullet in the head for displeasing the captain on a Thai fishing boat.
The Cambodians who are impressed into working as crewmembers on Thai fishing
boats report receive similar treatment. The Bangkok
Post
reported, “In a 2009 study, more than half of Cambodian migrants trafficked onto
Thai boats surveyed by the United Nations Inter-Agency Project on Human
Trafficking (UNIAP) said they had seen their captains killing one of their
colleagues.”
The eyewitness accounts
are difficult if not impossible to independently verify. And that is a major
part of the problem. A fishing boat offshore is an island into itself. What
happens on the boat though seems to indicate a page out of Lord of the
Flies. There are no authorities around. There are no bystanders who heard
the shot. The bodies are found in the street or alley. This is starting to look
like ancient life before civilization took root.

While Thai fishing
industry spokesman have said it is ‘impossible’ to have forced labour on the
fishing boats, and Burmese and Cambodian crewmembers who found their way onto
boats through brokers have ‘volunteered’ for the job. NGOs dispute the Thai
fishing industry position saying that thousands of people have been trafficked
onto boats over the last decade. The reality of their employment conditions
however they got onto a fishing boat it turns out wasn’t exactly what they had
in mind. No one told them once they left dry land they had entered the domain of
the ‘brass cow’ which roam the open seas. The US has placed Thailand on a ‘watch
list’ for the past two years due to the problem of human trafficking.
The Thai government has
acknowledged a problem. It has done what governments normally do when faced with
a difficult problem: they set up a commission to study the problem.
If the land under our feet
has generally become far less dangerous, the planks under the feet of immigrant
workers on Thai fishing boats are a reversion to that dangerous world us land
lovers no longer experience.
How does one go about
bringing the law of the land to the fleets of fishing boats? While Thailand has
an acknowledged problem, it might be reasonable to assume in the competitive
world of fishing, other countries may have fishing fleets that are floating
‘brass cows.’ Part of the problem is that the smaller fishing boats can stay at
sea for months, delivering their catch and receiving supplies (and fresh crew)
from a mother boat. Once someone is on such a boat, there is no telling when he
will ever see land again. Workers on fishing boats outside of Thai waters are
exempt from labor protection under Thai law. The brass hard cold reality is they
are exempt from all laws.
Would an industry
regulation requiring CCTV camera monitoring on fishing boats reduce the problem?
Some would say it’s not practical, or too expensive, and unless a camera covers
every angle and has night vision, the captain would find a way to dispatch a
crewmember with a bullet in the head. If cameras don’t work, then why not use
Radio-frequency
identification (RFID) technology? The workers have
electronic tags that use radio waives to identify and track their movements. If
we can use RIFD to track hotel linen or our pet dogs and cats, why not require
fishing industry workers to have such a means of identification, for their
protection? The problem is the chip needs an
external GPS device to work. Such a device might be disguised
as a key chain, watch, or bracelet. Those could be easily removed and thrown
away by the captain, and even if undetected, the battery life on a ship that
might be on the seas for months wouldn’t be sufficient. Sanctions or boycotts
are unlikely to work either. Changes in government policy in places like Burma
and Thailand extending protection to migrant workers is possible, but
enforceability remains a real issue.
Until there is either a
technological break through that allows offshore monitoring of fishing boat
crews, or an incentive given to captains as a bounty not to kill members of his
crew, it is likely that bodies of Burmese and Cambodian fishing crewmembers will
continue to wash up on the shore and many other bodies will be lost and
forgotten. Somalia pirates have shown the world a picture of how vulnerable
others are on the high seas. Thai fishing boats have demonstrated the perils of
cheap, bonded labour. I have a feeling this is the tip of the iceberg when it
comes to the reach of law to the high seas where kidnapping and murder is a
profitable business model.
Pinker’s ‘long peace’
post-1945 might just need a footnote: onshore peace. Offshore the murdering
seems to continue just like in the good old days on land, in that distant mist,
the place where those who fear the future wish they could return. But as Pinker
suggests going back in a time machine, we’d find ourselves in a place not unlike
the deck of a Thai fishing boat. ...
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Posted: 9/29/2011 9:06:47 PM |
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Most people are aware of
the presence of CCTV cameras in major cities. Bangkok is no exception. There are
apparently 10,000 of these eyes tracking your every move. CCTV cameras play the
modern role of medieval gargoyles, staring down, watchful, vigilant as you go
along your way. Looking to keep you safe, out of trouble, and like a good Nanny
ever mindful of your welfare. CCTV cameras have become that Orwellian eye that
will never let you out of sight once you step into the street.
Let’s put this way, some
Nannies are better sighted than others.

The news of 500 fake CCTV
cameras has local officials scrambling for an explanation. This is the tentative
number. Like many round numbers it may well balloon as the investigation
continues. And as one would expect, some of the explanations sound as real as
the cameras. One official did what you would probably do: pass the buck to the
Traffic and Transportation Department telling them to address the problem and
explain to the public about the fake cameras.
Sure enough the department
complied, saying that fake cameras were set up near hospitals, schools and areas
where political rallies were normally held. Those are exactly the areas I’d
choose to put fake cameras. If you can fool anyone, it’s got to be the ill,
students and demonstrators. These people see a camera and believe it is watching
them hobbling down the broken pavement on crutches, or clutching schoolbooks, or
carrying banners and hand clappers.
As with many of these
stories, the more they explain the more you wonder if the real cameras ought to
be inside the office of the official explainers. We are told that those who had
been a victim of a crime had asked for footage. Something that might be useful
to identify the wrongdoer. The crime victims were told the cameras were ‘broken.
The original story surfaced on Pantip website and the mass media seeing blood in
the water dove in. Nothing better than a story about ‘fakes’ in Bangkok to start
a feeding frenzy.
In a broad definition
(remember Clinton’s definition of ‘sex’?) the CCTV cameras were indeed broken.
But it is a bit like saying the life scale dummy of a police officer at a busy
intersection can’t testify as a witness to a road accident because he’s
lifeless.
Officials have said that
many dummy cameras can be found on Ratchadamnoen road along with real CCTV
cameras. Makes one wonder whether there are any casinos along that road? Just
politely asking.
“I’m sorry for the people
who asked police for footage and images from security cameras for evidence
against suspects but the BMA told them that the cameras were broken when the in
fact they were dummy cameras.”
Dummy cameras they are
admitted to be, but “don’t call them fakes,” says the Bangkok Governor MR. Sukhumbhand
Baribatra.
Resisting the word ‘fake’
in favor of the word ‘dummy’ is a slippery slope. If it were a story about a
‘fake’ cop would the good Governor counsel that the press should refer to the
person as a ‘dummy’ cop? Given this is Bangkok, it is understandable the desire
to avoid the word ‘fake’ as that does draw a lot of international attention that
authorities would wish to avoid.
A great cartoon appeared
in the Thai-language popular daily ThaiRath :

The poster (with the image
of MR. Sukhumbhand on the lower left) reads: “Prepared to take care of
Bangkokians for life”
The caption (on the upper
right corner) reads: “Taking Care… In Fake Style”
But Bangkok citizens have
been assured by the city authorities of their commitment to replace the fake
cameras with the real ones. We don’t exactly have a timetable when this will
happen but I am certain in six months someone will pop the question as to
whatever happened to those ‘fake’ I mean ‘dummy’ CCTV cameras, and I will yet
have more material for another blog.
The
Bangkok Post reports:
“Bangkok Governor
Sukhumbhand Paribatra said on Tuesday the fake cameras were intended to help
scare off criminal activity. Later, when City Hall, had the budget funding, it
installed real ones.” The Governor has watched over the installation of 10,000
CCTV cameras, and promises another 10,000 will be installed on his
watch.
What remains to be
released by authorities is the cost of the fake cameras. Did they get a discount
from the price of the real cameras? And how did the workers installing them know
whether a camera was a fake or not? Were they told? Could the workers have mixed
them up? Is there someone assigned to go around and test the camera? Will that
test distinguish the real and fake cameras? Would some owners pay to keep the
fake cameras in place? What will they do with the fake cameras? Auction them?
Burn them? This could get quite interesting.
Fake CCTV camera need to
be placed in context. There is a bit of a history to recall. Bangkok watchers
will remember the GT200 devices (from the UK) purchased in large quantity and at
major expense for soldiers to use in detecting and clearing roadside bombs in
the South. The company making the GT200 got into hot water in England after it
was disclosed the devices couldn’t distinguish a frog or banana from a
bomb.
What was the reaction in
Thailand when it was discovered there was no science at work inside the GT200?
Denial. First thing to remember is all of GT200s were ‘fake’ in the sense that
they didn’t work. Only they weren’t bought as ‘fake’ devices but as the real
thing. But apparently the fakes did give ‘comfort’ much like an amulet gives
comfort. Officials at the time said they many soldiers had ‘belief’ or ‘faith’
in GT200 devices as assisting them in finding unexploded roadside bombs. That
seemed to close the debate down.
So far no Thai official
has come out and said they had ‘faith’ that the CCTV fake cameras worked, but
apparently officials had ‘faith’ the fakes would fool the public. Indeed Apriak
the prior Governor, and M.R. Sukhumband, the current Governor, have taken the
position that the dummies who live in Bangkok were deterred by the fake, I mean
dummy, CCTV cameras.
Now that it is disclosed
there is (at least) a one in twenty chance that the CCTV camera watching over
your illegal casino is fake, you can play the odds. Take a flutter. Big Brother
might just be faking it. He’s not really watching you. But there is a nice
symmetry at work: Fake cameras watching over roadside vendors selling fake Rolex
watches, fake Viagra, and fake perfume to a number of fake tourists who are
really ‘brand’ agents seeking evidence for a bust.
What do we hear from City
Hall about the fate of the fake cameras?
The
Bangkok Post, “We’ll replace the
dummy cameras with actual CCTV cameras as soon as possible,” said Mr
Suthon.
He added that 10,000 CCTV
cameras under the Pracha Wiwat scheme were operational and 20,000 more cameras
will be installed in the capital within next year.
“Bangkok Governor
Sukhumbhand Paribatra said on Tuesday the fake cameras were intended to help
scare off criminal activity. Later, when City Hall, had the budget funding, it
installed real ones.”
If it turns out that one
out of twenty of those beautiful Thai smiles are also fake, that’s probably a
better ratio than in most other countries. Still it is a worry for the Tourist
Authority of Thailand, which may have to go back to the drawing boards for a new
campaign to bring travelers to the Land of Smiles. “Thailand Mostly
Real” or “Enjoy! You’re Safe with Our Dummies.” ...
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Posted: 9/22/2011 8:57:26 PM |
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I have a Twitter account
under the name “Bangkok007.” Exhibit A in a future trial to prove my maturity
stalled like a glider in a sudden updraft. Every so often I find a notice in my
email inbox that someone has decided to ‘follow’ me. As I rarely tweet anything,
I wonder why anyone would bother. I suspect there are lists that people choose
names from like one of those Sukhumvit Road buffets: olives, imported cheese,
bread sticks, mashed carrots, lamb—you get the idea. There’s always room on the
plate for a tab of @Bangkok007 as he’s pretty quiet and the name and number
looks rather nice between the salad and meat dishes.
Yesterday I received a
notice of a new follower David Harry who has written two novels set on S. Padre
island which I gather is somewhere in the hurricane path off Texas. One of his
titles, The Padre Puzzle, is the top selling book on the island. If
every man is an island, then every island needs a writer to record the toiling
of the bell. I can’t promise David Harry much by way of “twitter wisdom.” A term
that sounds vaguely as if belongs in the same category as military intelligence.
Today I received yet another follower who describes herself as an “eBook
novelists of historical thrillers & foreign intrigue.” These two new Twitter
followers may be the beginning of a trend for Bangkok007, and trend or not are a
good enough reason to fulfill my Friday blog commitment.
When a writer decides to
set a series of crime fiction on an island (Britain and Australia being
exceptions) there is a risk of a local bestseller but one that doesn’t bring in
droves off non-islanders to queue at the local bookstore (if one still exists in
the readers’ neighborhood). The same kind of problem I faced when determined
against all market research to set my fiction in exotic foreign locales such as
Thailand, Burma, Vietnam and Cambodia (you start to see an emerging pattern:
Bangkok007, exotic locations, no long queues at the bookstore, and not enough
imagination to pick an island).
The hardcore reality is
that while people love to dream about a holiday on an island with one of those
funny red drinks with a tiny bamboo umbrella and staring at the sea, or in
visiting different countries with unusual languages, customs, food and elephant
polo matches, their armchair interest isn’t necessarily matched with their
armchair reading interest in crime fiction.
Crime fiction really has
no middle. The body is absent. But it has two long tails. Crime fiction is
basically the skinny tail and the fat tail. That makes for a funny looking
snake. But there it is. What biology can’t contemplate, capitalism creates out
of pure imagination. One end of that tail (the under-nourished, shivered-up end)
sells loads of books to the locals who can’t wait to read about each other,
places they know, and crimes and lapses of morality that have happened in
spitting distance from their old high school. The problem is there are only a
handful of locals and most of them borrow books or buy them secondhand. The
other end of the tail (where the champagne and Cuban cigars wait) is the
bestselling crime fiction authors who continue to mine ore from the old
coalfaces in London, Edinburgh, New York, and Los Angeles. Lesser cities trail
like vapor from these fast moving city super jets. You almost never find them
writing about islands.
There is, however, a wild
card. Like a lottery winner who is your neighbor and know longer talks to you.
This happens in fiction, too. That parochial crime novel with its local setting
and local story ignites an international imagination. It rattles like a freight
train with the brakeman dead and the dead man’s throttle malfunctioning.
Everything in its path—reviewers, readers, postman, and booksellers—become a
series of railway ties on the way to the bank. Read the press and you find how
these elements of the book trade spread themselves out on the tracks. They
celebrate in a unified voice how glad that this postage stamp of a place has
become an irreplaceable part of their literary lives.
Then Alexander McCall
Smith comes along with a series set in remote dusty village in southern African
village and sells millions of copies. Or Stieg Larsson is buried just as his
Swedish crime fiction set in a remote town in Sweden hits like a giant vacuum
cleaner, sucking millions of dollars from the pockets of readers around the
world. How these writers mutated from skinny tail to fat and rich cat tail
remains an evolutionary mystery. They are examples of how the long tail at the
extremely profitable end of crime fiction is a creature sprung from the jaws of
the quantum uncertainty principle.
If David Deutsch (The
Beginning of Infinity, which is not a crime fiction novel) is right, then
somewhere in the infinite multiverse you are selling crime
fiction as if you were Alexander McCall Smith or Stieg Larsson, and they are
selling fiction to audiences like that of David Harry, myself, and a thousand
other skinny tailed crime authors. The beautiful thing about David Deutsch’s
theory of the multiverse is you don’t have to do the hard work of actually
writing that crime fiction novel, you only have to think about writing it and
imagine yourself a bestseller, with complimentary fruit baskets and flowers in
your hotel suite, groupies hounding you for autographs, and a waiting limo to
take you for a guest appearance on the Daily Show. That is already happening to
one of your “you’s” in one of the infinite multiverses. The Padre
Puzzle has been Number 1 on The New York Times Bestseller list for
638 weeks in one of those places, and so is yours.
Now we’ve established that
crime fiction publishing is really about monsters that suddenly appear out of
the shoals without warning, raise their heads and sink their teeth into your
wallet. Don’t resist. Fork out the fee for being bitten. Read the book. Or at
least the 50 first pages. We can relax as writers, readers, reviewers,
publishers and the rest of those interested in crime fiction because somewhere
in one of the universes, your monster has just washed up on a big shore and is
devouring readers like killer whales feeding on shrill.
As a novelist you’ll find
your choices are limited to one of two classes: the killer whale or a shrill,
depending on which universe you find yourself. Get use to the fact that because
you’re a shrill in a huge cloud of fellow shrills fleeing the mouth of a killer
whale, and in that other universe invisible at the end of your fingertips you
are that killer whale. Take that piece of wisdom and reduce it to 140
characters. And remember Bangkok007 doesn’t ever tweet much about anything and
that’s why he continues to attract legions of new followers who are bestsellers
somewhere in the multiverse. ...
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Posted: 9/15/2011 9:04:03 PM |
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There is an awful
redundancy in the linkage to Khmer Rouge and Noir. Paired with a city whether
Bangkok, New York, Moscow or Berlin, noir defines a mood, a texture of menace,
despair, loss and doom. How does any artist, writer or painter capture on a page
or canvas the vast abyss of darkness that represented the crimes of the Khmer
Rouge against their own people? How can any number of words or images express
the amount of suffering, pain and terror of those caught in the ideological
madness of the Khmer Rouge?
Question, so many
questions float to the surface when the stone of Khmer Rouge is thrown into the
lake of our common humanity.

The death of Cambodian
artist Vann Nath, aged 65, on 5th September 2011 is the right
occasion to ask these questions. Vann Nath was a painter. He was born into a
poor family and was raised amongst the rice fields of Battambang province. The
family lacked resources to provide schooling for him. After four years in the
monkhood he enrolled in a painting school. Before the Khmer Rouge came to power
he painted landscapes and cinema posters. If history had been different, no one
would likely have heard of Vann Nath or his paintings.
In 1978 he was arrested by
the Khmer Rouge and sent to S21 (since 1980 it has been preserved as the Tuol
Sleng Memorial and Genocide Museum) in Phnom Penh. Of the 15,000 prisoners who
entered S21 only a handful survived. Vann Nath was one of them. The head of the
prison Duch spared the painter in order that he could paint Pol Pot. In other
words, Vann Nath lived because Duch sought to appease the vanity of his
boss.

After the Khmer Rouge
fell, Vann Nath painted many canvases depicting the scenes of torture and
brutality that he had witnessed while an inmate. Many of them are on display at
Tuol Sleng as graphic reminders of what had gone on inside the prison during the
time of the Khmer Rouge. In later years, Vann Nath had the chance to examine on
film the S21 guards for a documentary film The Khmer Rouge Killing
Machine (2003). He also testified in the historic trial of Khmer Rouge
leaders in Phnom Penh where he was able to confront in the courtroom, Duch, the
man who ran S21 and who had also spared his life. The
Guardian’s
Tom Fawthrop quoted him as saying in the courtroom that “I hope by the end that
justice can be tangible, can be seen by everybody.”
If there ever was a noir
artist, it was Vann Nath. Witness to the very worst treatment that man is
capable of inflicting on others. His canvases record a long nightmare. A dark
interior filled with fear, hatred, mistrust, suffering and death. A place where
every heart beat of the men, women and children jailed at S21 counted the brief
moments before their turn came. Van Nath’s art captures that heartbeat, their
relentless dread and foreboding of the victims.
It is unimaginable to us
who look at Vann Nath’s images that these images seared into his consciousness
had realized themselves through his art, one that could be shared with millions
around the world. Vann Nath’s noir shapes our way of seeing what the Khmer Rouge
did. They are the guides into a world that is quickly fading into history. Vann
Nath made certain that this descend into evil, into the heart of hopeless, that
neither he nor we would ever forget.

There are many lessons to
learn from Vann Nath’s life as a Cambodia’s most famous noir artist. The one
that I like to think applies to segment of other noir artists and writers around
the world. There are writers and artists who write or paint for the money. There
is nothing wrong with earning a living. Indeed that is normal. That is easier
done, though, in the developed world; it is easy to avoid the pockets of noir.
One can just drive around them or fly over them. Or dart in and out for the
images and story, and sleep at home in safety. But there are parts of the world
where that isn’t possible. In these places, there is no place to hide, no safe
place to sleep. In this world noir envelopes all time and space.
Vann Nath lived in one of
those places at the wrong time in history. Then there are those like Vann Nath,
whom fate had selected to be a witness, chose him and his talent of expression
as a vehicle so the rest of us would remember, understand, and learn the lessons
from those periods when madness haunts the land, brutality and murder are the
rule, and ideological purity demands absolute conformity or death. Through these
images and writings, we stand a chance of instructing a new generation exactly
what means we are capable of employing to reach a political utopia and the clear
and present danger of those who preach that all life must be organized around
principles of purity torn from the absolutist handbook.
Vann Nath, noir artist
extraordinaire, RIP.
_____________________________________________________________________ In 1993 as a journalist I covered the UNTAC period of administration in
Cambodia, and was embedded with UNTAC civilian police. Along with them, I
entered the old prison system. Zero
Hour in Phnom Penh drew upon my experiences during this period of
transition. Some years later I spent a week in the field with Cambodian mine
officials in Vann Nath’s home province: Battambang.
I also
recently edited the first anthology of noir tales of Bangkok: Bangkok
Noir. ...
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Posted: 9/8/2011 8:49:48 PM |
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