Thursday, 4 March 2010

The Journalist and the Murderer - Dr. Stone's Analysis of Jeff MacDonald


I found the most interesting and enlightening bit of this book on page 76 where Malcolm interviews the Psychiatrist Dr. Stone about Jeff MacDonald the 'murderer'.

"Stone's eagerness to talk to me was preceded by his eagerness to testify for the defense. At the trial, under Bostwick's cross-examination, he had had to concede that in his first telephone conversation with Kornstein - before he had seen any of the transcripts on which he based his testimony - he had all but agreed to testify. In reply to a question about his fee as an expert witness, he told Bostwick he had not yet determined the fee, because 'I have spent upwards of nineteen hundred hours, and I feel that some of that time has been out of a special interest on my part," and that "no one asked me to make a concordance of six hundred pages of material. I did that myself to help orient things in my own mind, and I feel that I will charge a lower amount as a result." Now, in his office, Stone said, "I had read Fatal Vision years before, and it was pretty clear to me that Jeff MacDonald was a very pathological person." 

"You thought that from reading the book?" I asked/ 
"Oh sure. The man was at the very least a pathological liar, and since he was also a killer, that made him a very ugly and obnoxious person - a threat to the body social, and clearly a very sick personality. However, I had not paid too much attention to this when I read the book - it was just another interesting book. By the time they asked me to look into the matter as a personality-disorder expert,  I had become a - if you will - muderologist, as a hobby. I had amassed a large collection of psychobiographies of murderers, and I was much more familiar with the famous killers of the past twenty or thirty years than I had been when I read the book. The whole subject had become very intriguing to me, so I was very enthusiastic about participating in the trial. They sent me a transcription of the thirty tapes of Jeff MacDonald talking whist in jail - his pseudo-autobiography. It was all fake."

"Fake?"

"Well, the whole thing was a tissue of hyperbole and outright lies and deceit. I made an index of the examples of lying, self-aggrandizement, boastings, et cetera, page by page, so I would be better prepared at the trial to cite chapter and verse for anything they might ask me. It is a remarkable exercise in lying. Now, knowing full well that I couldn't admit this into evidence - the law is adversarial in structure and thus antithetical to scientific method - I nevertheless conducted a little experiment, just to see if I was on the right track. After reading the hundreds of pages of the transcript, I took four pages at random and had my secretary Xerox a dozen copies, which I gave to the class at Cornell that I teach on personality disorders. The students are Ph.D. psychologists and young psychiatrists. I didn't tell them anything except "Here are four pages from a tape recording that somebody made about his life. Here is a list of the DSM-III standard diagnostic personality disorders. Please scribble down whether you think the person's words convey any evidence pertaining to the presence of one or several of these disorders.' And everyone picked up that he was narcissistic, and most that he was anti-social- just from the four pages! And my wife picked it up from one page, because I had the stuff lying on the bed one evening, and she glanced at it and said: "My God, who is this narcissitic son of a bitch?' Ha ha! Just like that! Of course, at the trial they asked me, 'How can you diagnose a person you haven't examined?' Often you can't, but with personality disorders  you can sometimes do a better job when you haven't examined the person than when you have, because the subject is going to lie through his teeth. Kerberg's concept of pathological narcissism is nothing more than a confluence of narcissitic traits - poor empathy, self aggrandizement, manipulative and exploitive use of others -  with anti-social qualities like ruthlessness, conning people, hurting others, taking liberties with the rules by which society regulates itself. So it was not surprising that my wife and about  a dozen students could make the diagnosis at a snap of a finger. However, I couldn't introduce my experiment into evidence, because it was hearsay. It bothered the hell out of me. Here was a man who by the best scientific standards was exactly what Joe McGinnis said he was, and yet I couldn't introduce the evidence into court."

I said that it seemed to me his experiment was hardly up to the best - or any - scientific standards, since it had no controls. 

"Yes," Stone said, "I could have gone about it in that scrambled way, using several normal people - somebody with a different personality disorder, some other convicted person - along with Jeff MacDonald. But none of that could have been admitted into evidence unless the other side had overseen the experiment, and they would never have agreed to do that because they knew bloody well that inside he's exactly the way the book says he is." 

"This is your belief, but you haven't established it."
"No. But I suspect strongly that Bostwick knew he wasn't dealing with Lord Fauntelroy."

"You don't feel that there is any possibility that MacDonald is innocent?" 
"No. In fact - and this, too, was something I wasn't able to say in court, since Bostwick cleverly ate up all the time with a bunch of silly questions and I had to catch a plane - the four intruders who MacDonald claimed were responsible for the murders represented the only truth, psychologically speaking, that he told. There really were four people who intruded on the hedonistic lifestyle and whoring around of Jeff MacDonald: the four people who intruded on his disinclination to be a responsible husband and father; namely Colette, Kristen, Kimberly, and the unborn son. Three white and one black - the hidden one."

Stone went on to speak of having seen MacDonald in the courtroom. "I was highly nervous about being in the presence of this man." he said."I had the feeling that his eyes could bore holes through a tank. The steely stare of this hostile man! I made a point of finding out when he would be paroled, and when I learned that it was after the time I would no longer be on earth I felt bolder."

"You talk about him as if you really knew him, as if he were a real person," I said. "But actually he's a character in a book. Everything we know about him, we know from McGinniss's text."

Stone said nothing for a moment, and I wondered whether my remark had been imprudent. In asking a character in one text to comment on the ontological status of a character in another text, was I alerting Stone too soon - as I had alerted McGinniss too soon - to the dangers of subjecthood? Stone wavered, but - obviously made of hardier metal than McGinniss - resolutely went on with his mission of self-disclosure. "He's not a Dickens character," he finally said, correctly, if irrelevantly.
"You really don't like him," I said
"No. Its hard to like a man who stabs his pregnant wife to death. It takes more-what shall I say? - Love of mankind than I possess. I'm more of the school of 'You get what you earn, and you have to earn what you get.' "


Stone had spoken earlier of the chain of abuse and brutalization that links generations of violent people. I asked him, "Isn't it possible that bad things were done to MacDonald in his early years? That his childhood wasn't all that idyllic, and that he repressed what happened?"
"Yes."
"If you knew that to be so, would you feel more benign towards him?"
"No."
"Why not?"
"Because he's a liar. Because he's not man enough to say, 'I committed those murders because I was under the influence of amphetamines. I didn't know what I was doing. Colette was taking a course in psychology, she was going to wear the pants in the family. This was threatening to me; I felt left out. I was beginning to fondle the older girl too much, and she caught me'- this is Colette's stepfather's theory; he told me about it during the trial - 'so in a moment of frenzied feeling that ruined my whole life I just killed the whole lot of them.' If he could say all that, I'd still want him put away for the rest of his life, but at least I'd have some respect for the fact that he could be honest about what happened. No way. He can't do that. He's not built to do that."
"You take a very harsh view, which is unusual for a psychotherapist in our culture."


"Unfortunately, it is unusual. I am at odds with many of my colleagues as a result of that. I feel that the profession has too much of this: 'Tout comprendre, tout pardonner' attitude. And there is also the 'We can fix it' attitude - the notion that if we can send a man to the moon sure we can make a psychopath go straight. But a person who has a propensity to murder is beyond the pale of psychotherapy. It is folly to think that a person like that could be corrected through the process of one-to-one therapy. He is a lost soul."


 I think I like this passage more than any other in the book because Stone is so sure of what he thinks and feels and has the methodology to prove it without even meeting MacDonald, even as everyone who has met MacDonald cannot be entirely sure of his guilt. 


Dr. Stone is assured, and that in itself is reassuring. It turns on its head the idea that the DSM III is of no use, and he points out so neatly how pathological liars can pull the wool over people's eyes one-to-one, yet on paper (or in this case on tape) can exhibit their pathological personalities so obviously that you'd be a fool to miss it. 


This part comes a little earlier in the book: just before we're introduced to Dr. Stone, but I found it very adroit;


(about 'The mask of Sanity'...)

"... the books thesis, which is buried among masses of the sort of thing s cited above is that there is a kind of evil doer called a 'psychopath', who does not seem in any way abnormal or different from other people but in fact suffers from "a grave psychiatric disorder," whose chief symptom is the very appearance of normality by which the horror of his condition is obscured. For behind "the mask of sanity" there is not a real human being, but a mere simulacrum of one. Cleckley writes:


"We are dealing here not with a complete man at all but with something that suggests a subtly constructed reflex machine which can mimic the human personality perfectly. This smoothly operating psychic apparatus not only reproduces consistently specimens of good human reasoning but also appropriate simulations of normal human emotion in response to nearly all the varied stimuli of life. So perfect is this reproduction of a whole and normal man that no one who examines him can point out in scientific or objective terms why he is not real. And yet one knows or feels he knows that reality, in the sense of full, healthy experiencing of life, is not here. "


Cleckley's 'Grave psychiatric disorder" is, of course, the same disorder that afflicted Count Dracula, Frankenstein's monster, and a host of other wonderful literary creations.
The attempt to solve the problem of evil and perpetuate the Romantic myth of the innate goodness of man through a fanciful notion that the people who commit evil acts are lacking in the usual human equipment - and not "real" human beings at all but soulless monsters- is a familiar topos of Victorian Romantic literature. That Cleckley's book remains to this day a serious psychiatric text is a testament to the strength of this fantasy among psychiatrists.


To McGinnis, the concept of the psychopath did not so much offer a solution to his literary problem of making MacDonald a believable murderer as give him permission to evade the problem it purports to solve. To say that people who do bad things don't seem bad is to say something we already know: no one flaunts bad behaviour, everyone tries to hide it, every villain wears a mask of goodness. The concept of the psychopath is, in fact, an admission of failure to solve the mystery of evil - it is merely restating the problem and only offers an escape valve for the frustration felt by psychiatrists, social workers, and police officers, who daily encounter it's force.

The Journalist and the Murderer - Dr. Stone's Analysis of Jeff MacDonald


I found the most interesting and enlightening bit of this book on page 76 where Malcolm interviews the Psychiatrist Dr. Stone about Jeff MacDonald the 'murderer'.

"Stone's eagerness to talk to me was preceded by his eagerness to testify for the defense. At the trial, under Bostwick's cross-examination, he had had to concede that in his first telephone conversation with Kornstein - before he had seen any of the transcripts on which he based his testimony - he had all but agreed to testify. In reply to a question about his fee as an expert witness, he told Bostwick he had not yet determined the fee, because 'I have spent upwards of nineteen hundred hours, and I feel that some of that time has been out of a special interest on my part," and that "no one asked me to make a concordance of six hundred pages of material. I did that myself to help orient things in my own mind, and I feel that I will charge a lower amount as a result." Now, in his office, Stone said, "I had read Fatal Vision years before, and it was pretty clear to me that Jeff MacDonald was a very pathological person." 

"You thought that from reading the book?" I asked/ 
"Oh sure. The man was at the very least a pathological liar, and since he was also a killer, that made him a very ugly and obnoxious person - a threat to the body social, and clearly a very sick personality. However, I had not paid too much attention to this when I read the book - it was just another interesting book. By the time they asked me to look into the matter as a personality-disorder expert,  I had become a - if you will - muderologist, as a hobby. I had amassed a large collection of psychobiographies of murderers, and I was much more familiar with the famous killers of the past twenty or thirty years than I had been when I read the book. The whole subject had become very intriguing to me, so I was very enthusiastic about participating in the trial. They sent me a transcription of the thirty tapes of Jeff MacDonald talking whist in jail - his pseudo-autobiography. It was all fake."

"Fake?"

"Well, the whole thing was a tissue of hyperbole and outright lies and deceit. I made an index of the examples of lying, self-aggrandizement, boastings, et cetera, page by page, so I would be better prepared at the trial to cite chapter and verse for anything they might ask me. It is a remarkable exercise in lying. Now, knowing full well that I couldn't admit this into evidence - the law is adversarial in structure and thus antithetical to scientific method - I nevertheless conducted a little experiment, just to see if I was on the right track. After reading the hundreds of pages of the transcript, I took four pages at random and had my secretary Xerox a dozen copies, which I gave to the class at Cornell that I teach on personality disorders. The students are Ph.D. psychologists and young psychiatrists. I didn't tell them anything except "Here are four pages from a tape recording that somebody made about his life. Here is a list of the DSM-III standard diagnostic personality disorders. Please scribble down whether you think the person's words convey any evidence pertaining to the presence of one or several of these disorders.' And everyone picked up that he was narcissistic, and most that he was anti-social- just from the four pages! And my wife picked it up from one page, because I had the stuff lying on the bed one evening, and she glanced at it and said: "My God, who is this narcissitic son of a bitch?' Ha ha! Just like that! Of course, at the trial they asked me, 'How can you diagnose a person you haven't examined?' Often you can't, but with personality disorders  you can sometimes do a better job when you haven't examined the person than when you have, because the subject is going to lie through his teeth. Kerberg's concept of pathological narcissism is nothing more than a confluence of narcissitic traits - poor empathy, self aggrandizement, manipulative and exploitive use of others -  with anti-social qualities like ruthlessness, conning people, hurting others, taking liberties with the rules by which society regulates itself. So it was not surprising that my wife and about  a dozen students could make the diagnosis at a snap of a finger. However, I couldn't introduce my experiment into evidence, because it was hearsay. It bothered the hell out of me. Here was a man who by the best scientific standards was exactly what Joe McGinnis said he was, and yet I couldn't introduce the evidence into court."

I said that it seemed to me his experiment was hardly up to the best - or any - scientific standards, since it had no controls. 

"Yes," Stone said, "I could have gone about it in that scrambled way, using several normal people - somebody with a different personality disorder, some other convicted person - along with Jeff MacDonald. But none of that could have been admitted into evidence unless the other side had overseen the experiment, and they would never have agreed to do that because they knew bloody well that inside he's exactly the way the book says he is." 

"This is your belief, but you haven't established it."
"No. But I suspect strongly that Bostwick knew he wasn't dealing with Lord Fauntelroy."

"You don't feel that there is any possibility that MacDonald is innocent?" 
"No. In fact - and this, too, was something I wasn't able to say in court, since Bostwick cleverly ate up all the time with a bunch of silly questions and I had to catch a plane - the four intruders who MacDonald claimed were responsible for the murders represented the only truth, psychologically speaking, that he told. There really were four people who intruded on the hedonistic lifestyle and whoring around of Jeff MacDonald: the four people who intruded on his disinclination to be a responsible husband and father; namely Colette, Kristen, Kimberly, and the unborn son. Three white and one black - the hidden one."

Stone went on to speak of having seen MacDonald in the courtroom. "I was highly nervous about being in the presence of this man." he said."I had the feeling that his eyes could bore holes through a tank. The steely stare of this hostile man! I made a point of finding out when he would be paroled, and when I learned that it was after the time I would no longer be on earth I felt bolder."

"You talk about him as if you really knew him, as if he were a real person," I said. "But actually he's a character in a book. Everything we know about him, we know from McGinniss's text."

Stone said nothing for a moment, and I wondered whether my remark had been imprudent. In asking a character in one text to comment on the ontological status of a character in another text, was I alerting Stone too soon - as I had alerted McGinniss too soon - to the dangers of subjecthood? Stone wavered, but - obviously made of hardier metal than McGinniss - resolutely went on with his mission of self-disclosure. "He's not a Dickens character," he finally said, correctly, if irrelevantly.
"You really don't like him," I said
"No. Its hard to like a man who stabs his pregnant wife to death. It takes more-what shall I say? - Love of mankind than I possess. I'm more of the school of 'You get what you earn, and you have to earn what you get.' "


Stone had spoken earlier of the chain of abuse and brutalization that links generations of violent people. I asked him, "Isn't it possible that bad things were done to MacDonald in his early years? That his childhood wasn't all that idyllic, and that he repressed what happened?"
"Yes."
"If you knew that to be so, would you feel more benign towards him?"
"No."
"Why not?"
"Because he's a liar. Because he's not man enough to say, 'I committed those murders because I was under the influence of amphetamines. I didn't know what I was doing. Colette was taking a course in psychology, she was going to wear the pants in the family. This was threatening to me; I felt left out. I was beginning to fondle the older girl too much, and she caught me'- this is Colette's stepfather's theory; he told me about it during the trial - 'so in a moment of frenzied feeling that ruined my whole life I just killed the whole lot of them.' If he could say all that, I'd still want him put away for the rest of his life, but at least I'd have some respect for the fact that he could be honest about what happened. No way. He can't do that. He's not built to do that."
"You take a very harsh view, which is unusual for a psychotherapist in our culture."


"Unfortunately, it is unusual. I am at odds with many of my colleagues as a result of that. I feel that the profession has too much of this: 'Tout comprendre, tout pardonner' attitude. And there is also the 'We can fix it' attitude - the notion that if we can send a man to the moon sure we can make a psychopath go straight. But a person who has a propensity to murder is beyond the pale of psychotherapy. It is folly to think that a person like that could be corrected through the process of one-to-one therapy. He is a lost soul."


 I think I like this passage more than any other in the book because Stone is so sure of what he thinks and feels and has the methodology to prove it without even meeting MacDonald, even as everyone who has met MacDonald cannot be entirely sure of his guilt. 


Dr. Stone is assured, and that in itself is reassuring. It turns on its head the idea that the DSM III is of no use, and he points out so neatly how pathological liars can pull the wool over people's eyes one-to-one, yet on paper (or in this case on tape) can exhibit their pathological personalities so obviously that you'd be a fool to miss it. 


This part comes a little earlier in the book: just before we're introduced to Dr. Stone, but I found it very adroit;


(about 'The mask of Sanity'...)

"... the books thesis, which is buried among masses of the sort of thing s cited above is that there is a kind of evil doer called a 'psychopath', who does not seem in any way abnormal or different from other people but in fact suffers from "a grave psychiatric disorder," whose chief symptom is the very appearance of normality by which the horror of his condition is obscured. For behind "the mask of sanity" there is not a real human being, but a mere simulacrum of one. Cleckley writes:


"We are dealing here not with a complete man at all but with something that suggests a subtly constructed reflex machine which can mimic the human personality perfectly. This smoothly operating psychic apparatus not only reproduces consistently specimens of good human reasoning but also appropriate simulations of normal human emotion in response to nearly all the varied stimuli of life. So perfect is this reproduction of a whole and normal man that no one who examines him can point out in scientific or objective terms why he is not real. And yet one knows or feels he knows that reality, in the sense of full, healthy experiencing of life, is not here. "


Cleckley's 'Grave psychiatric disorder" is, of course, the same disorder that afflicted Count Dracula, Frankenstein's monster, and a host of other wonderful literary creations.
The attempt to solve the problem of evil and perpetuate the Romantic myth of the innate goodness of man through a fanciful notion that the people who commit evil acts are lacking in the usual human equipment - and not "real" human beings at all but soulless monsters- is a familiar topos of Victorian Romantic literature. That Cleckley's book remains to this day a serious psychiatric text is a testament to the strength of this fantasy among psychiatrists.


To McGinnis, the concept of the psychopath did not so much offer a solution to his literary problem of making MacDonald a believable murderer as give him permission to evade the problem it purports to solve. To say that people who do bad things don't seem bad is to say something we already know: no one flaunts bad behaviour, everyone tries to hide it, every villain wears a mask of goodness. The concept of the psychopath is, in fact, an admission of failure to solve the mystery of evil - it is merely restating the problem and only offers an escape valve for the frustration felt by psychiatrists, social workers, and police officers, who daily encounter it's force.

Monday, 1 March 2010

Restructuring of Human/Computer Governmental Mechanics

http://en.wikipedia.org/wiki/The_Ego_and_the_Id

Restructuring of Human/Computer Governmental Mechanics

http://en.wikipedia.org/wiki/The_Ego_and_the_Id

What are the roles and powers of the Monarchy?

Head of State
Head of the Executive (The Government) 
Head of the Legislature (Parliament) 
Head of the Judiciary
Head of the Commonwealth 54 Countries (Head of state of the 15 commomwealth countries)
Commander in chief of the Armed Forces
Supreme Governor of the established Church of England - Supreme Governor of the CofE


(Can coin money) 



Symbolic Powers

Summoning and dissolving parliament
Introducing legislation in Parliament (Royal Assent) 
Appointing the Prime Minister, 
Chairing meetings of the cabinet

Conferring peerages knighthoods and honours on his/her birthday
Declare and War and Peace


How is the Monarchy Funded? 


The Civil List
Money allocated from Taxpayers by the State, direct to each member of the Royal Household. Members of the immediate Royal Family (ie most of the Queen's children) receive annual allowances amounting to £2.5 million a year between them. The prince of wales is the only member of the Queen's immediate family who does not. The Civil List was set up in 1760 as an annual source of income for the monarchy, in exchange for the surrender of the revenues from the Crown estates. 


Grants in Aid
Allocated by Parliament through the Department of Culture, Media and Sport and the Department of Transport to help with upkeep of occupied royal palaces and royal travel expenses. It funds the RAF aircraft of the No.32 (The Royal_ Squadron. The Royal Train, and until it's recent transformation: "The Royal Yacht Britannia" 


The Privy Purse


Personal Income/Private Income 




What are the roles and powers of the Monarchy?

Head of State
Head of the Executive (The Government) 
Head of the Legislature (Parliament) 
Head of the Judiciary
Head of the Commonwealth 54 Countries (Head of state of the 15 commomwealth countries)
Commander in chief of the Armed Forces
Supreme Governor of the established Church of England - Supreme Governor of the CofE


(Can coin money) 



Symbolic Powers

Summoning and dissolving parliament
Introducing legislation in Parliament (Royal Assent) 
Appointing the Prime Minister, 
Chairing meetings of the cabinet

Conferring peerages knighthoods and honours on his/her birthday
Declare and War and Peace


How is the Monarchy Funded? 


The Civil List
Money allocated from Taxpayers by the State, direct to each member of the Royal Household. Members of the immediate Royal Family (ie most of the Queen's children) receive annual allowances amounting to £2.5 million a year between them. The prince of wales is the only member of the Queen's immediate family who does not. The Civil List was set up in 1760 as an annual source of income for the monarchy, in exchange for the surrender of the revenues from the Crown estates. 


Grants in Aid
Allocated by Parliament through the Department of Culture, Media and Sport and the Department of Transport to help with upkeep of occupied royal palaces and royal travel expenses. It funds the RAF aircraft of the No.32 (The Royal_ Squadron. The Royal Train, and until it's recent transformation: "The Royal Yacht Britannia" 


The Privy Purse


Personal Income/Private Income 




News Analysis

http://jerz.setonhill.edu/writing/journalism/feature.html

http://medialiteracy.suite101.com/article.cfm/how_to_write_media_criticism

http://www.thegateway.org/browse/dcrecord.2009-06-26.1526447444/?searchterm=None

News Analysis

http://jerz.setonhill.edu/writing/journalism/feature.html

http://medialiteracy.suite101.com/article.cfm/how_to_write_media_criticism

http://www.thegateway.org/browse/dcrecord.2009-06-26.1526447444/?searchterm=None

Wednesday, 24 February 2010

Jingumae's Memories

I have these awesome memories of cycling through Jingumae Ni-Chome, my neighbourhood in Tokyo, on summer days and early summer evenings. I had the best little bike, a large scale black BMX with stunt pegs, which I'd burn about on as fast as I could round the baseball stadium, the olympic stadium and up to the olympic gymnasium at Sendagaya Station.

Those clear blue skies, the hot wet warmth, the deafening sound of the crickets round every temple, as they chirruped and chirped.

I remember the first time I heard them, I'd been living there for 6 months, and never heard this noise like chainsaws and industrial drilling equipment, but when August comes, Tokyo comes alive with the sound of Crickets. I walked to work every morning through the togo shrine... (pictured) and would be deafened by their sound.

That's why I love to watch "The Girl who leapt through Time". In the film, she and her friends go to play baseball in the local baseball diamond after school. There, and throughout the film the sound of those crickets comes blaring through, and it reminds me of a very happy time in my life.




It was around then, that I was working three jobs, trying to pull down 12 hour work days, plus a nightlife... man that was crazy. Fun but crazy. I'd give my left arm to go back and try it again.


One of the wonderful things about living in Japan was the pure escape of it. Cycling through Harajuku's Urahara district was always a treat, always exciting, and it feels so dull by comparison to be living back in England.

I know that this is 'holiday syndrome' in a sense, but I honestly believe I'm not meant to be living in this country. I'm just not a stay-at-home type.  Politics and public affairs bore me. I mean, I'm theoretically interested in the workings of democracy and the foundations of society, but honestly, you know what I feel? I feel like a kid. I don't want to grow up.

I'm always slightly amused by the characters on the course who take their professional lives so seriously, or who take themselves so seriously, it's as if they'd come out of the womb as little adults. You notice that the maturity level of different people varies wildly amongst different ages... yes.. I admit it.. I'm 31 but I appear to be stuck at 17... I think I'll always be 17 in my mind. Screw growing up. It looks shit.

What I like about Japan is the fantasy, the imagination, the energy of the nation. They're the world's second largest economy (not counting the EU) and they're the largest producer of animation, comics, toys, cartoons... in a word: fantasy.

They have their eyes, and minds fixed on a fantastic future where they're not under the imperial yoke of the US. A future where Asia is on top.

It's the fantasy of living there that attracted me, and perhaps, just perhaps, once I've finished this course I'll find my way back there, to my little spot in Jing-Ni, see my friends and neighbours again, get stuck into the local politics and the scene and I'll grab the reigns again, like old times, get back in the saddle and spin about, like a kid, not a care in the world.

Teaching is a good profession. Noble, stable, helpful, sociable. Add journalism on as a side-angle, or graphic design or documentary film-making, and I'd be in bliss again in no-time, I have no doubt. Just add a girl, wind me up and watch me go.

Ahh well... back to reality.

Jingumae's Memories

I have these awesome memories of cycling through Jingumae Ni-Chome, my neighbourhood in Tokyo, on summer days and early summer evenings. I had the best little bike, a large scale black BMX with stunt pegs, which I'd burn about on as fast as I could round the baseball stadium, the olympic stadium and up to the olympic gymnasium at Sendagaya Station.

Those clear blue skies, the hot wet warmth, the deafening sound of the crickets round every temple, as they chirruped and chirped.

I remember the first time I heard them, I'd been living there for 6 months, and never heard this noise like chainsaws and industrial drilling equipment, but when August comes, Tokyo comes alive with the sound of Crickets. I walked to work every morning through the togo shrine... (pictured) and would be deafened by their sound.

That's why I love to watch "The Girl who leapt through Time". In the film, she and her friends go to play baseball in the local baseball diamond after school. There, and throughout the film the sound of those crickets comes blaring through, and it reminds me of a very happy time in my life.




It was around then, that I was working three jobs, trying to pull down 12 hour work days, plus a nightlife... man that was crazy. Fun but crazy. I'd give my left arm to go back and try it again.


One of the wonderful things about living in Japan was the pure escape of it. Cycling through Harajuku's Urahara district was always a treat, always exciting, and it feels so dull by comparison to be living back in England.

I know that this is 'holiday syndrome' in a sense, but I honestly believe I'm not meant to be living in this country. I'm just not a stay-at-home type.  Politics and public affairs bore me. I mean, I'm theoretically interested in the workings of democracy and the foundations of society, but honestly, you know what I feel? I feel like a kid. I don't want to grow up.

I'm always slightly amused by the characters on the course who take their professional lives so seriously, or who take themselves so seriously, it's as if they'd come out of the womb as little adults. You notice that the maturity level of different people varies wildly amongst different ages... yes.. I admit it.. I'm 31 but I appear to be stuck at 17... I think I'll always be 17 in my mind. Screw growing up. It looks shit.

What I like about Japan is the fantasy, the imagination, the energy of the nation. They're the world's second largest economy (not counting the EU) and they're the largest producer of animation, comics, toys, cartoons... in a word: fantasy.

They have their eyes, and minds fixed on a fantastic future where they're not under the imperial yoke of the US. A future where Asia is on top.

It's the fantasy of living there that attracted me, and perhaps, just perhaps, once I've finished this course I'll find my way back there, to my little spot in Jing-Ni, see my friends and neighbours again, get stuck into the local politics and the scene and I'll grab the reigns again, like old times, get back in the saddle and spin about, like a kid, not a care in the world.

Teaching is a good profession. Noble, stable, helpful, sociable. Add journalism on as a side-angle, or graphic design or documentary film-making, and I'd be in bliss again in no-time, I have no doubt. Just add a girl, wind me up and watch me go.

Ahh well... back to reality.

Types of Legislation

Primary and Secondary Legislation.

Primary legislation is: "New Laws"
Secondary legistion are laws which are needed to facilitate the implementation of the Primary Legislation. (Except for orders in council, which are exceptional)

Secondary bills are also known as subordinate or delegated legislation.

Public Bills - Bills introduced by Government/individual Ministers, and "intended to change the general law of the land". Recent examples include the NHS Bill proposing the introduction of foundation hospitals and the Higher Education Bill outlining university top-up fees.

-Private Member's Bills / PMBs - Bills introduced by individual MPs. They rarely become law as they are not given the necessary time by the Government to be able to go through all the normal stages legislation must pass through to be enacted. PMBs can be introduced in one of three ways: (a) by 20 MPs successful in a ballot to present them on one of 13 Priate Member's Bills Fridays; (b) under the Ten-Minute Rule or under Standing Order 57 (presented in writing on PMB Fridays).

Types of Secondary Legislation:

(c) Private Bills - Usually called for by individual local authorities or other bodies or individuals to enable them to extend their powers or authorise them to carry out projects local to a specific area  of the country (e.g. major railway works, the building of new roads or extensions to harbours). A Private Bill was granted to allow Grand Prix racing on the streeets of Birmingham in the mid- 1980s

(d) Hybrid Bills - Legislation introduced as Public Bills, but which are seen to affect certain "private interests" in a disproportionate way (e.g. Land Bill in Scotland)

- Orders in Council - Submitted by Ministers for approval by the Sovereign at a meeting of the Privy Council. A draft of this is normally agreed by Parliament before it is submitted by the Minister. This is the system used to introduce much of the delegated legislation relating to Northern Ireland. (Consideration: Diego Garcia)

- Statutory Instruments - Issued by Ministers to flesh out the detail of new Enabling Acts or update detail in existing ones, but also require the formal agreement of Parliament. The Act will usually specify whether an affirmative or negative agreement is required to obtain Parliament's agreement (the former means that a statutory instrument will not come into play unless Parliament formally approves a resolution, while the latter means that an instrument will automatically come into effecct if, after 40 days, no resolution has been passed objecting to it).

- Bylaws - Localised "laws" passed on the approval of the relevant government Minister, the scope for which is enshrined in an existing Act of Parliament (e.g. city-centre street drinking bans)

The Passage of a Bill


Unlike other types of primary legislation, Government Bills (Public Bills) start with an initial consultation called a  Green Paper. There are refined through consultationwith interested parties, becoming a White Paper. 


All primary Bills must go through the following stages:

- First Reading - Reading out the Bull's full title in the House of Commons (date usually set for next stage to happen within days)

- Second Reading - The "General Principles" of the Bill outlined, and an initial debate held (sometimes with a vote)

- Committee Stage - Detailed consideration of he main clauses in the Bill by a standing committee set up to consider it. Sometimes this is carried out by the Commons itself, as a 'committee of the whole house'.


Report Stage - The committee's recommendations and observations are referred to the Commons in the form of a written report, and further amendments can follow  before the Bill proceeds to it's Third Reading. This stage often involves late sittings.

- Third Reading - Bill reviewed and debated in it's final intended form. At this stage, all opportuniteies for Commons to make amendments have passed, but Lords still allowed to. Once a Bill is amended a third time it passes automatically into the Lords.

- The House of Lords - Bill formally referred to the Lords (or "another place"). Here it follows much the same stages as in Commons, but this time its Committee sstage in usually taken on the floor of the House.

Parliament Act 


Royal Assent - Final seal of approval for a Bill which turns it into an Act of Parliament. This had not been refused since 1707.

Prime Minister's Questions - 
The Barnett Formula -






PM denies ordering briefing against darling 


Gordon Brown has denied ordering the "forces of hell" to be unleashed on Alistair Darling when he predicted the recession would be worse than expected.


Minute by Minute report on PMsQs from guardian politics blog - 

12.32pm: DNA
Brown says the Tory plans to restrict the DNA database would damage public safety.












Types of parliamentary questions


Questions tend to be split up into two broad categories: 
- Questions for Written Anwer (include Private Notice Questions passed to Ministers by backbench MNPs for detailed written answers. 





- Adjournment Debates - A useful means by which MPs can raise issues of concrern to their constituents, they can be held on one fo three types of occasionL (a) in a 30 minute period just before the House adjourns for the night and the end of each business day; (b) over three hours, before the House adjourns for each Summer Recess; or (c) on Tuesday and Wednesday mornings, under the terms of the Jopling Reforms... 


- Early Day Motions - This is a means by which an MP will try to engage the support of other members for his or her views on a subject, enabling him or her to table a written parliamentary record... 


- The Guillotine / Allocation of Time Motion - means by which Govt of day can apply to The Speaker for permission to draw a line formally under debate on a particular clause of a Bill, etc. 


It was in the late 19th century around one of the many proposals for home rule in Ireland... not only involving Irish MPs. When this idea came in it was after a particular occasion that the debate kept rolling for over three weeks. (or something like - 72 days)


Filibustering - Way in which some MPs (especially Opposition ones) try to waste time by "Talking Bills out" if they do not approve of proposed government legisltion. The guillotine was introduce their ability to do this (clamped down on after 1887)

- The Kangaroo ...

- Motion of Closure - Speaker agrees to set a deadline for a vote to be taken on a specific motion...



Role of the Opposition

- To hold the Government to account for ti's actions by appointinga Shadow Cabinet composed fo spokesmen on the main departmental briefs.

- To contribute to legislative process by proposing amendments to Bills

- To set out its policies as an alternative government using designated Opposition Days, which are schemed into the Parliamentary timetable to allow it, rather than the Government, to dictate the flow of Commons business. Each Parliamentary Session, there are 20 Opposition Days in total, 15 of which go to the largest Opposition party and three to the third largest party).

The Role of the Speaker

- Controlling debates including deciding when debates on specific subjects should end and be voted on, and suspending or adjourning sittings if debtes get out of hnd (debate over the Hutton Report was recently suspended by the current Speaker, John Bercow, after protesters invaded the public gallery in the Commons)

- Certifying some Bills as "Money Bill" (eg The Budget), which stops the Lords delaying their passage

- Ordering MPs who have broken the rules of the Commons to leave the chamber (this has happened on several occasions to the Democratic Unionist party leader, Reverend Ian Paisley, when he has accused fellow MPs of "lying" - a term expressly banned from the chamber by parliamentary convention).


The Role of the Speaker

- Signing warrants such as that used to commit members to prison for contempt of the House. (never ever ever ever ever used. Ever)

- Chairing the House of Commons Commissiion (the main body which administers the procedures of the Commons)

- Notionally charing the newly formed Electoral Commission (formally the Boundary Commissions), which determins the size and shape of constituentcies, and polices MP's expenses and party funding.


Role of the Electoral Commission


- The Electorla Commissions' role is.. 

- They police internal party elections - Peter Hain etc...
Harriet Harman





Types of Legislation

Primary and Secondary Legislation.

Primary legislation is: "New Laws"
Secondary legistion are laws which are needed to facilitate the implementation of the Primary Legislation. (Except for orders in council, which are exceptional)

Secondary bills are also known as subordinate or delegated legislation.

Public Bills - Bills introduced by Government/individual Ministers, and "intended to change the general law of the land". Recent examples include the NHS Bill proposing the introduction of foundation hospitals and the Higher Education Bill outlining university top-up fees.

-Private Member's Bills / PMBs - Bills introduced by individual MPs. They rarely become law as they are not given the necessary time by the Government to be able to go through all the normal stages legislation must pass through to be enacted. PMBs can be introduced in one of three ways: (a) by 20 MPs successful in a ballot to present them on one of 13 Priate Member's Bills Fridays; (b) under the Ten-Minute Rule or under Standing Order 57 (presented in writing on PMB Fridays).

Types of Secondary Legislation:

(c) Private Bills - Usually called for by individual local authorities or other bodies or individuals to enable them to extend their powers or authorise them to carry out projects local to a specific area  of the country (e.g. major railway works, the building of new roads or extensions to harbours). A Private Bill was granted to allow Grand Prix racing on the streeets of Birmingham in the mid- 1980s

(d) Hybrid Bills - Legislation introduced as Public Bills, but which are seen to affect certain "private interests" in a disproportionate way (e.g. Land Bill in Scotland)

- Orders in Council - Submitted by Ministers for approval by the Sovereign at a meeting of the Privy Council. A draft of this is normally agreed by Parliament before it is submitted by the Minister. This is the system used to introduce much of the delegated legislation relating to Northern Ireland. (Consideration: Diego Garcia)

- Statutory Instruments - Issued by Ministers to flesh out the detail of new Enabling Acts or update detail in existing ones, but also require the formal agreement of Parliament. The Act will usually specify whether an affirmative or negative agreement is required to obtain Parliament's agreement (the former means that a statutory instrument will not come into play unless Parliament formally approves a resolution, while the latter means that an instrument will automatically come into effecct if, after 40 days, no resolution has been passed objecting to it).

- Bylaws - Localised "laws" passed on the approval of the relevant government Minister, the scope for which is enshrined in an existing Act of Parliament (e.g. city-centre street drinking bans)

The Passage of a Bill


Unlike other types of primary legislation, Government Bills (Public Bills) start with an initial consultation called a  Green Paper. There are refined through consultationwith interested parties, becoming a White Paper. 


All primary Bills must go through the following stages:

- First Reading - Reading out the Bull's full title in the House of Commons (date usually set for next stage to happen within days)

- Second Reading - The "General Principles" of the Bill outlined, and an initial debate held (sometimes with a vote)

- Committee Stage - Detailed consideration of he main clauses in the Bill by a standing committee set up to consider it. Sometimes this is carried out by the Commons itself, as a 'committee of the whole house'.


Report Stage - The committee's recommendations and observations are referred to the Commons in the form of a written report, and further amendments can follow  before the Bill proceeds to it's Third Reading. This stage often involves late sittings.

- Third Reading - Bill reviewed and debated in it's final intended form. At this stage, all opportuniteies for Commons to make amendments have passed, but Lords still allowed to. Once a Bill is amended a third time it passes automatically into the Lords.

- The House of Lords - Bill formally referred to the Lords (or "another place"). Here it follows much the same stages as in Commons, but this time its Committee sstage in usually taken on the floor of the House.

Parliament Act 


Royal Assent - Final seal of approval for a Bill which turns it into an Act of Parliament. This had not been refused since 1707.

Prime Minister's Questions - 
The Barnett Formula -






PM denies ordering briefing against darling 


Gordon Brown has denied ordering the "forces of hell" to be unleashed on Alistair Darling when he predicted the recession would be worse than expected.


Minute by Minute report on PMsQs from guardian politics blog - 

12.32pm: DNA
Brown says the Tory plans to restrict the DNA database would damage public safety.












Types of parliamentary questions


Questions tend to be split up into two broad categories: 
- Questions for Written Anwer (include Private Notice Questions passed to Ministers by backbench MNPs for detailed written answers. 





- Adjournment Debates - A useful means by which MPs can raise issues of concrern to their constituents, they can be held on one fo three types of occasionL (a) in a 30 minute period just before the House adjourns for the night and the end of each business day; (b) over three hours, before the House adjourns for each Summer Recess; or (c) on Tuesday and Wednesday mornings, under the terms of the Jopling Reforms... 


- Early Day Motions - This is a means by which an MP will try to engage the support of other members for his or her views on a subject, enabling him or her to table a written parliamentary record... 


- The Guillotine / Allocation of Time Motion - means by which Govt of day can apply to The Speaker for permission to draw a line formally under debate on a particular clause of a Bill, etc. 


It was in the late 19th century around one of the many proposals for home rule in Ireland... not only involving Irish MPs. When this idea came in it was after a particular occasion that the debate kept rolling for over three weeks. (or something like - 72 days)


Filibustering - Way in which some MPs (especially Opposition ones) try to waste time by "Talking Bills out" if they do not approve of proposed government legisltion. The guillotine was introduce their ability to do this (clamped down on after 1887)

- The Kangaroo ...

- Motion of Closure - Speaker agrees to set a deadline for a vote to be taken on a specific motion...



Role of the Opposition

- To hold the Government to account for ti's actions by appointinga Shadow Cabinet composed fo spokesmen on the main departmental briefs.

- To contribute to legislative process by proposing amendments to Bills

- To set out its policies as an alternative government using designated Opposition Days, which are schemed into the Parliamentary timetable to allow it, rather than the Government, to dictate the flow of Commons business. Each Parliamentary Session, there are 20 Opposition Days in total, 15 of which go to the largest Opposition party and three to the third largest party).

The Role of the Speaker

- Controlling debates including deciding when debates on specific subjects should end and be voted on, and suspending or adjourning sittings if debtes get out of hnd (debate over the Hutton Report was recently suspended by the current Speaker, John Bercow, after protesters invaded the public gallery in the Commons)

- Certifying some Bills as "Money Bill" (eg The Budget), which stops the Lords delaying their passage

- Ordering MPs who have broken the rules of the Commons to leave the chamber (this has happened on several occasions to the Democratic Unionist party leader, Reverend Ian Paisley, when he has accused fellow MPs of "lying" - a term expressly banned from the chamber by parliamentary convention).


The Role of the Speaker

- Signing warrants such as that used to commit members to prison for contempt of the House. (never ever ever ever ever used. Ever)

- Chairing the House of Commons Commissiion (the main body which administers the procedures of the Commons)

- Notionally charing the newly formed Electoral Commission (formally the Boundary Commissions), which determins the size and shape of constituentcies, and polices MP's expenses and party funding.


Role of the Electoral Commission


- The Electorla Commissions' role is.. 

- They police internal party elections - Peter Hain etc...
Harriet Harman





Tuesday, 23 February 2010

Witnesses and Hostile Witnesses



THE REST-1

Witnesses can be forced to give evience by a witness summons or warrant.

Refusing to give evidence can lead to a jail sentence - with exceptions of spouses. That is, if you're married, you cannot be forced to give evidence.
What about a domestic violence case? A few years ago, you couldn't make the wife give evidence, however there have been changes in the law recently. One of the main things that they're doing now is prosecuting against the wife's wishes regardless.

If you refuse to testify or go back on a statement made to polics or investigators you can be declared a 'hostile witness'.

What will happen is that the prosecution can tell the judge that you're a hostile witness. What this means is that a solicitor or barrister can ask you leading questions, ie questions which suggest what the answer might be. For example..." is it right that you saw x covered in blood in the corridor with a knife? "

In a normal case the lawyer cannot ask leading questions of the witness. But if the judge declares a hostile witness then leading questions are permissible.

If there's a 6 month or year lag between your first statement and the date of the trial. Passage of time may mean a difference in recollection especially of details.

During a sentence reference can be made to previous convictions

Be clear about the difference between previous conviction and asking for offences to be taken into account.

Admission to Courts:

-Press and public
-
-
-

Lord Atkinson: "The hearing of a case in public may be], and often is, no doubt, painful, humiliating, or deterrent both to parties and witnesses, and in many cases, especially those of a criminal nature, the details may be so indecent as to tend to injure public morals, but all this is tolerated and endured, because it is felt that in public trial is to found, on the whole, the best security for the pure, impartial, and efficient administration of justice, the best means for winning for it public confidence and respect."

eg. Scott v Scott (1913) or Reigate Mags vs Argus newspapers

Under Common Law exclusion to press extends only to:
You will hear the phrase "Heard in chambers" or "Heard in Camera"

-Where presence defeats the ends of justice
-Secret process is subject to evidence (Trade Secrets)
-Matters affecting children
-Security of State
-Lunacy

Even with restrictions, over riding rule is still open justice.

- Lord Diplock and the Leveller case (1979)
-Restrictions should only apply when the nature or circumstances of the particular proceeding are such that the application of the general rule in it's entirety would frustrate or render impracticable the administration of justice.
-Open justice is key to the system - there are lots of good reasons for it, and what the courts accept is that occasionally it may be necessary (for national security or because someone is mentally incapable) to hold private hearings, but these are very much the exceptions.

Do not ignore a court order - an invalid restriction has to be obeyed until a court rescinds it.

But press have a right to be heard in most cases when reporting restriction/plan to sit in private is being imposed (McKerry v Teesdale)

Lord Bingham said in 2000 : "A reporter does not enjoy... "

What to do:

- Approach the clerk to query/challenge - either before case, in adjournment, by passing a note

- The Clerk can be asked to provide:

-Written form of order
-Written reason why it was made
-Written details of statute and which section


Addressing the court has the advantage of resolving problems quickly and saving money on lawyers.

You're unlikely to be made to pay costs but it is important to challenge as early as possible because there is a risk, even if you're successful.

You can challenge magistrates decisions at Queen's Bench division of the HIgh Court

For reporting restrictions made by crown court judge can be challenged in the court of appeal

BUT

It may be expensive, and may take some time.

Followers