A Second Paradox of Blackmail

We covered one paradox regarding blackmail in 2010: If it’s legal for me to reveal your secret, and it’s legal for me to ask you for money, why is it illegal for me to demand payment to keep your secret? In the words of Northwestern University law professor James Lindgren, “Why do two rights make a wrong?”

Here’s a second paradox: If you had initiated the same transaction — if you had offered to pay me for my silence, and I’d agreed — then we’d have the same outcome, but this time it’s legal. “It is considered paradoxical that the sale of secrecy is legal if it takes the form of a bribe, yet is illegal where the sale of secrecy takes the form of blackmail,” writes Loyola University economist Walter Block. “Why should the legality of a sale of secrecy depend entirely upon who initiates the transaction? Why is bribery legal but blackmail not?”

(Walter Block et al., “The Second Paradox of Blackmail,” Business Ethics Quarterly, July 2000.)

The Panopticon

https://commons.wikimedia.org/wiki/File:Panopticon.jpg

In the 18th century Jeremy Bentham proposed building a circular prison in which well-lit cells face a central “inspection house” where a single watchman dwells. Because the prisoners can’t see the watchman, they never know when they’re being watched and so must constantly police their own behavior.

Bentham called this “a mill for grinding rogues honest” and listed the benefits in the preface to a 1791 book: “Morals reformed — health preserved — industry invigorated — instruction diffused — public burthens lightened — Economy seated, as it were, upon a rock — the gordian knot of the poor-law not cut, but untied — all by a simple idea in Architecture!”

He was so taken with the idea that he proposed putting it into practice himself. “Allow me to construct a prison on this model,” he wrote to the Committee for the Reform of Criminal Law. “I will be the gaoler. You will see … that the gaoler will have no salary — will cost nothing to the nation.” He spent much of the 1790s pursuing the project, but he couldn’t find enduring support for it and nothing was ever built.

(Thanks, Anna.)

11/27/2016 UPDATE: Cuba built one. (Thanks, Saber.)

Good Boy

http://www.freeimages.com/photo/1207763

In November 1869 Missouri farmer Charles Burden sued his neighbor, Leonidas Hornsby, for shooting his dog Drum. Hornsby denied it, but neighbors had heard the shot and the dog’s cries of pain on the night in question, and Drum had been found dead of a gunshot the following morning. Furious, Burden sued Hornsby for $50, the maximum amount allowed by law. The two battled back and forth in the courts for a year. Finally, at end of the fourth trial, Burden’s attorney George Graham Vest rose to make this closing argument:

Gentlemen of the jury. The best friend a man has in the world may turn against him and become his enemy. His son or daughter whom he has reared with loving care may prove ungrateful. Those who are nearest and dearest to us, those whom we trust with our happiness and our good name, may become traitors to their faith. The money that a man has he may lose. It flies away from him perhaps when he needs it most. A man’s reputation may be sacrificed in a moment of ill-considered action. The people who are prone to fall on their knees to do us honor when success is with us may be the first to throw the stone of malice when failure settles its cloud upon our heads. The one absolutely unselfish friend that a man can have in this selfish world, the one that never deserts him, the one that never proves ungrateful or treacherous, is the dog.

Gentlemen of the jury, a man’s dog stands by him in prosperity and in poverty, in health and in sickness. He will sleep on the cold ground when the wintry winds blow and the snow drives fiercely, if only he can be near his master’s side. He will kiss the hand that has no food to offer, he will lick the wounds and sores that come in encounters with the roughness of the world. He guards the sleep of his pauper master as if he were a prince.

When all other friends desert, he remains. When riches take wings and reputation falls to pieces, he is as constant in his love as the sun in its journey through the heavens. If fortune drives the master forth an outcast in the world, friendless and homeless, the faithful dog asks no higher privilege than that of accompanying him, to guard him against danger, to fight against his enemies. And when the last scene of all comes, and death takes the master in its embrace and his body is laid in the cold ground, no matter if all other friends pursue their way, there by his graveside will the noble dog be found, his head between his paws and his eyes sad but open, in alert watchfulness, faithful and true, even to death.

Burden won, getting $50 and justice for his dog. Hornsby appealed to the state supreme court but lost.

Vest, the attorney, had said he would “win the case or apologize to every dog in Missouri.”

Grave Matters

In 1554 Sir James Hales drowned himself. The coroner returned a verdict of felo de se, meaning that Sir James was guilty of the felony of self-murder. His estate was forfeited to the crown, which planned to award it to one Cyriac Petit. Sir James’ widow, Margaret, contested this. So the case turned on the question whether the grounds for forfeiture had occurred during Sir James’ lifetime: Had his suicide occurred during his life, or after his death?

Margaret Hales’ counsel argued that one can’t be guilty of suicide while one is still living, practically by definition, so self-murder shouldn’t be classed as a felony: “He cannot be felo de se till the death is fully consummate, and the death precedes the felony and the forfeiture.”

But Petit’s counsel argued that part of the act of suicide lies in planning to do it, which certainly occurs during life: “The act consists of three parts: the first is the imagination, which is a reflection or meditation of the mind, whether or not it is convenient for him to destroy himself, and what way it can be done; the second is the resolution, which is a determination of the mind to destroy himself; the third is the perfection, which is the execution of what the mind had resolved to do. And of all the parts, the doing of the act is the greatest in the judgment of our law, and it is in effect the whole.”

The court ruled for Petit, finding that Sir James had killed himself during his lifetime: “The forfeiture shall have relation to the time the original offence began which caused the death, and that was the throwing himself into the water, which was done in his lifetime and this act was felony. That which caused the death may be said to be feloniously done. The felony is attributed to the act, which act is always done by a living man; for, Brown said, Sir James Hales was dead, and how came he by his death? It may be answered by drowning; and who drowned him? Sir James Hales; and when did he this? It can be answered, in his lifetime. So that Sir James Hales being alive caused Sir James Hales to be dead, and the act of the living man caused the death of the dead man.”

The case is remembered, and not charitably, in the churchyard scene in Hamlet:

First Clown: Give me leave. Here lies the water; good: here stands the man; good; if the man go to this water, and drown himself, it is, will he, nill he, he goes,–mark you that; but if the water come to him and drown him, he drowns not himself: argal, he that is not guilty of his own death shortens not his own life.

Second Clown: But is this law?

First Clown: Ay, marry, is’t; crowner’s quest law.

In a Word

laquearian
adj. armed with a noose

funipendulous
adj. hanging from a rope

patibulary
adj. pertaining to the gallows

On Feb. 23, 1885, convicted murderer John Lee of Devon was brought to the scaffold and positioned on the trapdoor. The noose was fitted around his neck, and executioner James Berry pulled the lever.

Nothing happened.

Two warders tried to force the trapdoor to open under Lee, but they failed. They removed the condemned man and tested the door, and it worked. So they put Lee in position again, and again Berry pulled the lever.

Again nothing happened.

Exasperated, the warders again put Lee aside and set to work on the door, this time with hatchets. When they were satisfied, they returned him to the scaffold, and Berry pulled the lever a third time.

Nothing happened.

So the Home Secretary commuted Lee’s sentence to life imprisonment.

The Sumter County Does

sumter county does

In the early morning of Aug. 9, 1976, the bodies of a young man and woman were found on a secluded dirt road in Sumter County, S.C. Each had been shot in the throat, chest, and back. Both were white and in their mid-20s. They bore no identification, but there were signs that they were wealthy: He wore an expensive Bulova watch and had had specialized dental work, and she wore a jade ring.

“They were clean, neat,” remembered county coroner Verna Moore. “She was beautiful, real pretty girl. He was also.”

Police circulated composite drawings across the country and asked anyone with information to come forward. The case was publicized on numerous national news programs, and police consulted Interpol, immigration authorities, and U.S. Customs investigators. In 30 years, thousands of tips have been offered, but every lead has fallen through. No one has ever explained who the pair were, how they came there, who might have killed them, or why.

“I have not given up on this case,” Moore said in 2001. “The reason I am haunted is, I cannot understand how two young people disappeared from somewhere and that their parents would not be looking for them. … I can’t count the times when somebody hasn’t asked, ‘Have you ever found out who those children are?'”

Spray Ain’t

http://www.google.com/patents/about?id=AmolAAAAEBAJ

Henry Hunt’s “graffiti prevention apparatus,” patented in 1997, offers a novel way to keep city walls clean: Paint manufacturers would mix magnetic material into their products, and a sensor near each building would sense when a vandal was near.

“When a proximity sensor on, or in the vicinity of, the structure is triggered by an approaching intruder, a magnetic field created along the targeting surface acts to repel the spray of marking media directed at it.”

Alternatively, the sensor would direct a signal to the spray-paint can, turning the nozzle away from the wall or shutting off the flow of paint. But I guess the spray-paint manufacturers would all have to participate … and vandals may be their biggest market.

Twice Mistaken

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In December 1895, Norwegian mining engineer Adolph Beck stepped out of his London flat and was accosted by a woman who accused him of tricking her out of some jewelry. Beck protested his innocence — he had been in Buenos Aires at the time — but the police accused him of an unsolved series of such swindles, and he was sentenced to seven years of penal servitude.

He was paroled in July 1901 and essentially the same thing happened again — a woman accused him of stealing her jewelry, he was arrested, and a jury found him guilty. He was saved only because another man was arrested for the same crime while Beck was awaiting sentencing. Wilhelm Meyer, it turned out, was the real swindler; Beck had been convicted twice for crimes he hadn’t committed.

They set him free and gave him £5,000, but he died a bitter man in 1909.

Double Indemnity

This past February, brothers named Elwin and Yohan were arrested for six rapes in France, but both denied the charges. Deciding which is guilty is a tricky affair — they’re identical twins, so the genetic difference between them is very slight. Marseille police chief Emmanual Kiehl said, “It could take thousands of separate tests before we know which one of them may be guilty.”

This is only the latest in a series of legal conundrums involving identical twins and DNA evidence. During a jewel heist in Germany in January 2009, thieves left behind a drop of sweat on a latex glove. A crime database showed two hits — identical twins Hassan and Abbas O. (under German law their last name was withheld). Both brothers had criminal records for theft and fraud, but both were released. The court ruled, “From the evidence we have, we can deduce that at least one of the brothers took part in the crime, but it has not been possible to determine which one.”

Later that year, identical twins Sathis Raj and Sabarish Raj escaped hanging in Malaysia when a judge ruled it was impossible to determine which was guilty of drug smuggling. “Although one of them must be called to enter a defence, I can’t be calling the wrong twin to enter his defence,” the judge told the court. “I also can’t be sending the wrong person to the gallows.”

In 2003, a Missouri woman had sex with identical twins Raymon and Richard Miller within hours of one another. When she became pregnant, both men denied fathering the child. In Missouri a man can be named a legal father only if a paternity test shows a 98 percent or higher probability of a DNA match, but the Miller twins both showed a probability of more than 99.9 percent.

“With identical twins, even if you sequenced their whole genome you wouldn’t find difference,” forensic scientist Bob Gaensslen told ABC News at the time. More recent research shows that this isn’t the case, but teasing out the difference can be expensive — in the Marseilles case, police were told that such a test would cost £850,000.

It goes on. Last month British authorities were trying to decide how to prosecute a rape when DNA evidence identified both Mohammed and Aftab Asghar. “It is an unusual case,” said prosecutor Sandra Beck. “They are identical twins. The allegation is one of rape. There is further work due.”

A Parting Kiss

http://commons.wikimedia.org/wiki/File:B%C3%A9la_Kiss.jpg

In December 1912 Hungarian tinsmith Béla Kiss told his neighbors that his wife had run off with another man. At the same time he began collecting large metal drums, telling the town constable that he planned to stockpile gasoline against the approaching war in Europe.

In November 1914 Kiss was drafted and left for the front, and in 1916 he was declared dead in combat. When soldiers visited the town that June in search of gasoline, the constable directed them to the dead man’s drums. On opening these they found that each contained not gasoline but the body of a nude woman, strangled and pickled in alcohol. A search of the house showed that Kiss had been luring women using newspaper advertisements in the name of Hoffmann, a “lonely widower seeking female companionship.”

In the surrounding countryside authorities found 17 more drums, each containing a corpse. Among them were Kiss’ wife and her lover.

It got worse. In 1919 Kiss was spotted near the Margaret Bridge in Budapest, and police discovered that the Béla Kiss who had been reported dead was in fact another man. In 1924 a deserter from the French Foreign Legion told of a legionnaire named Hoffmann who matched Kiss’ description and boasted of his skill with a garotte. But this Hoffmann himself deserted before police could apprehend him.

In 1932 New York detective Henry “Camera Eye” Oswald, who was renowned for remembering faces, insisted that he had seen Kiss emerge from the subway in Times Square, but crowds had prevented him from reaching him. Kiss was never apprehended, and his final fate is unknown.