Post No. 176b: What All of Us Should Do at This Point in Time Regarding the Penn State Football Scandal

When the Penn State football child molestation scandal first broke a couple of weeks ago, the Logistician called us from Brazil and lamented that "Happy Valley" would no longer be happy. However, as a result of his legal training, he suggested the following: (a) that we not pre-judge the situation; (b) that we allow the facts to emerge slowly (particularly because the events took place over a period longer than a decade); and (c) that we refrain from arriving at any conclusions too quickly. He noted that based on his 30 years of experience investing factual matters, there is ALWAYS another side, angle, motivation, or "something."

However, in our travels on the streets of America, we found just the opposite attitude. Conclusions (and mental convictions) are already being made. As despicable and unfortunate the alleged conduct of former Defensive Coordinator Gerald "Jerry" Sandusky may theoretically be, under our system of jurisprudence, we here in America adhere to a concept which is designed to counter the lynch mob mentality of humans: innocence until guilt is proven.

We previously generated the following piece about those outside of the investigative agencies and the courtroom making judgments about criminal defendants. We thought it appropriate to re-visit some of our earlier thoughts.

© 2011, the Institute for Applied Common Sense

Last week, a staff member made a pound cake, and brought it into the office. Although the cake looked fine to us, she said that she became distracted while baking it, and that we might find the bottom a “little crunchy” because she baked it 20 minutes too long.

While we were transforming into Pillsbury Doughboys, Betty Crocker’s Father stopped by. He was serving as a juror on a jury trial at the courthouse down the street, and wanted a piece of his daughter’s cake. She also warned him of the potential crunchiness and the reason for it.

He appeared to enjoy the cake, but insisted that she baked it with the oven rack at the wrong level in her stove. Thinking that he did not hear her say that she baked the cake too long, she mentioned it again.

“I heard you the first time; that doesn’t matter.” he snapped, “What I’m saying is that you need to change the rack level.”

For the overly analytical ones of us here at the Institute, our thoughts instantly went to, “And this guy is serving as a juror?” We all hoped that he was serving on a civil jury, where only money was involved, and not someone’s liberty.

But there were 2 other experiences we had last week which made us further question the ability of criminal defendants to get a fair trial, apart from the efforts of the Nancy Graces of the world to convict them immediately after arrest and before booking is completed.

We previously mentioned our connections to the O.J. trial when the Institute was headquartered in Los Angeles. A friend of the Institute who knew of those connections called us shortly after “Tot Mom” Casey Anthony was acquitted in the death of her daughter, and said that it reminded her of the O.J. trial. The acquittal made her once again question our entire legal system.

She was apparently a fly in the jury room during the deliberations. Shortly thereafter, another tenant in our building asked whether we had heard of Anthony’s acquittal, and then immediately launched into how Anthony’s delay in reporting her daughter missing led her to believe that she was guilty. We suspect that there were enough stale donuts left in the jury room to support multiple flies.

These days, we aren’t quite sure how anyone receives a fair trial, with electronic media spewing sound bites at the speed of light. We seriously doubt that many take the time to digest even 1/100th of the evidence or facts involved, and yet they arrive at a conclusion.

To which they are entitled, no doubt.

We recall a friend once suggesting that because she saw photos of the mayhem inflicted on Nicole Brown Simpson’s body, she knew that O.J. was guilty. And of course, the former head of the International Monetary Fund was guilty, because the rich prey on the poor and consider themselves above the law.

We’re not quite sure whether this is what the Founding Fathers envisioned early on.

But as they often say, “You ain’t seen nothin’ yet.”

For most students of the law, the line between civil and criminal offenses is fairly clear, and there is even a different burden of proof built into our system of jurisprudence. And white collar folks, whether rightly or wrongly, don’t expect to find themselves locked up in a jail cell with “common criminals.”

(We can almost guarantee you that hundreds of our readers across the globe, upon reading the preceding paragraph thought out loud, “But they should!”)

Horse manure is about to hit the fan soon, and the whole notion of innocence until proven guilty is about to be severely tested. Just continue to follow this phone hacking scandal involving News of the World. What prompted us to write this piece was an e-mail alert from the New York Times just a couple of hours ago, entitled, “An Arrest and Scotland Yard Resignation Roil Britain.” Upon reading the e-mail further, it noted that Britain’s most highly ranked police official resigned, and Rebekah Brooks, the former Chief Executive of News International, was arrested.

Over the years, there have been calls in some circles for expert or professional jurors to address some of the imperfections associated with lay jurors. But one of the principles built into the system is that one is entitled to be judged by a jury of his or her peers.

For the sake of the system, and all involved, we sure hope that neither our pound cake crunching retiree, our disillusioned friend in California, our fellow tenant in our building, nor Nancy Grace are on Ms. Brooks’ jury.

She wouldn’t have a chance in hell.

Well, but then again, it could be worse. We could only allow politicians to serve as jurors….

Hmm..., but then they would never reach a verdict.

Post No. 127b: Re-Posting of Post No. 122: You Don’t Get Old by Being No Fool

© 2009, the Institute for Applied Common Sense

Last week, a prominent black professor at Harvard was arrested by local police while trying to gain entry to his own home, when he had difficulty opening what he claimed to be a jammed door. Someone in the vicinity at the time, who apparently did not realize that the professor lived there, called the police.

After the arrival of the police, the stories become very confused and distorted.

However, no matter what happened, it is clear that Professor Gates had not read one of our old posts, re-printed below for your enjoyment. If he had, this, which some consider “newsworthy” event, probably would not have occurred. In the interest of minimizing the occurrence of such events in the future, we offer the following:


Sometimes we draw our inspiration from movies. Last week, TCM aired a musical comedy with Fred Astaire.

Astaire plays a popular dancer pursued by female fans. He employs subterfuge and fleet of foot to escape the crowd. He sneaks into a cab and thinks that he has pulled it off.

To his surprise, Joan Fontaine, a member of nobility whose family expects her to announce who she will marry any day, scurries into the cab. She’s trying to avoid being caught by the family’s Chief Steward. They desire that she marry a boy from another noble family; but she’s in love with a city boy.

While trying to enter the cab to retrieve her, the steward gets into a fight with Astaire. A London Bobby arrives and decides to arrest both. Astaire wiggles out by participating in a street dance routine performed by someone imitating him. The Bobby is so taken with his performance that Astaire is able to fade into the crowd.

For those incapable of “dancing out of danger,” the world’s a more serious and dangerous place, for the Police and the populace.

In the 60’s, we were a bit more innocent. Vietnam took care of that. Some say Nixon ended the war upon realizing we were pulling a disproportionate number of poor kids from the projects, training them as guerrilla fighters, and dumping them back into the ghetto… a practice any one could have seen would not end well.

Take a group of radicalized middle class college students occasionally bombing or occupying government buildings, toss in a few government scandals and VP Cheney’s take on our constitutional rights, and you have a recipe for paranoia… on both sides of the badge.

Running down “bad guys” is now a national obsession, and something of which America seems to be proud.

Police car chases are so popular that stations interrupt any broadcast, repeat, any broadcast, to provide updates. There’s even a website devoted to freeway pursuits.

Our target audience for our Common Sense and Personal Responsibility seminars is college students. There’s a high probability that they will, at some point during their educational experience, have an encounter with the law.

(The O.J. “cruise” with Al Cowlings highlighted a couple of Common Sense differences between your run of the mill teenager, and a seriously skilled dancer. O.J. never threatened anybody other than himself, and he kept his speed below the posted limit.)

Here are some things students might want to consider:

One:

If you’re afraid of the Police, or feel some urge to call them dirty names, drive someplace with lots of people (with camera phones) before you pull over. The Police are well aware of the consequences of beating on you in public while being recorded.

Two:

Comedian Chris Rock has a funny piece about talking to the Police when stopped. His advice will get you arrested.

The Police don’t know who you or your Daddy are, they don’t wear body armor to fill out an over-sized uniform, and you may never get a second chance to make a good first impression. (Just ask Sir Charles Barkley.)

Be cooperative; and cognizant of the 25 or so pounds of weaponry he or she carries around all day, every day, along with the steel toe, shiny boots, and be contrite.

Three:

DUIs, drugs, and traffic offenses have become major sources of income for many of our local constabulary, particularly during this economic meltdown. Their income and equipment depend largely on muck-ups, and the number of tickets and convictions they are able to amass.

Keep in mind that management consultants have infiltrated police departments across the land. Law enforcement is now a business, along with prisons. Line up a lawyer and assemble a bail fund in advance if you want to sport your own haircut and flashy set of wheels.

Four:

Leave the party favors at home. If you need to transport the stuff, consider FedEx. If you insist on driving zapped, so you will be. Best thing to do is keep cab fare in reserve, providing you the ability to impress your chosen companion, and get things going early.

Last week, we ran across an article reflecting how things can go bad in an instant. Sixteen year old Robert Mitchell was a passenger in his cousin’s car. Police stopped the vehicle for an expired license plate. Mitchell, a learning disabled boy with a clean record, jumped out of the car. His cousin said he was absolutely freaked and starting sprinting.

The 5’2”, 110 pound kid fled to an abandoned house. Though the Police tried to corner him, he resisted. They responded with their version of non-lethal force, using a 50,000 volt TASER.

Mitchell died shortly thereafter.

One poor choice can chase one for one’s full life, no matter how short. It will undoubtedly also haunt the officers.

Where did it go wrong? What was the first indicator that things were about to spiral?

The Laughingman contends that telling the truth will always set one free. He also maintains that when things go wrong, there are worse things than getting arrested.

Post No. 122: You Don’t Get Old by Being No Fool

© 2009, the Institute for Applied Common Sense

Sometimes we draw our inspiration from movies. Last week, TCM aired a musical comedy with Fred Astaire.

Astaire plays a popular dancer pursued by female fans. He employs subterfuge and fleet of foot to escape the crowd. He sneaks into a cab and thinks that he has pulled it off. To his surprise, Joan Fontaine, a member of nobility whose family expects her to announce who she will marry any day, scurries into the cab. She’s trying to avoid being caught by the family’s Chief Steward. They desire that she marry a boy from another noble family; but she’s in love with a city boy.

While trying to enter the cab to retrieve her, the steward gets into a fight with Astaire. A London Bobby arrives and decides to arrest both. Astaire wiggles out by participating in a street dance routine performed by someone imitating him. The Bobby is so taken with his performance that Astaire is able to fade into the crowd.

For those incapable of “dancing out of danger,” the world’s a more serious and dangerous place, for the Police and the populace.

In the 60’s, we were a bit more innocent. Vietnam took care of that. Some say Nixon ended the war upon realizing we were pulling a disproportionate number of poor kids from the projects, training them as guerilla fighters, and dumping them back into the ghetto… a practice any one could have seen would not end well.

Take a group of radicalized middle class college students occasionally bombing or occupying government buildings, toss in a few government scandals and VP Cheney’s take on our constitutional rights, and you have a recipe for paranoia… on both sides of the badge.

Running down “bad guys” is now a national obsession, and something of which America seems to be proud.

Police car chases are so popular that stations interrupt any broadcast, repeat, any broadcast, to provide updates. There’s even a website devoted to freeway pursuits.

Our target audience for our Common Sense and Personal Responsibility seminars is college students. There’s a high probability that they will, at some point during their educational experience, have an encounter with the law.

(The O.J. “cruise” with Al Cowlings highlighted a couple of Common Sense differences between your run of the mill teenager, and a seriously skilled dancer. O.J. never threatened anybody other than himself, and he kept his speed below the posted limit.)

Here are some things students might want to consider:

One:

If you’re afraid of the Police, or feel some urge to call them dirty names, drive someplace with lots of people (with camera phones) before you pull over. The Police are well aware of the consequences of beating on you in public while being recorded.

Two:

Comedian Chris Rock has a funny piece about talking to the Police when stopped. His advice will get you arrested.

The Police don’t know who you or your Daddy are, they don’t wear body armor to fill out an over-sized uniform, and you may never get a second chance to make a good first impression. (Just ask Sir Charles Barkley.)

Be cooperative; and cognizant of the 25 or so pounds of weaponry he or she carries around all day, every day, along with the steel toe, shiny boots, and be contrite.

Three:

DUIs, drugs, and traffic offenses have become major sources of income for many of our local constabulary, particularly during this economic meltdown. Their income and equipment depend largely on muck-ups, and the number of tickets and convictions they are able to amass.

Keep in mind that management consultants have infiltrated police departments across the land. Law enforcement is now a business, along with prisons. Line up a lawyer and assemble a bail fund in advance if you want to sport your own haircut and flashy set of wheels.

Four:

Leave the party favors at home. If you need to transport the stuff, consider FedEx. If you insist on driving zapped, so you will be. Best thing to do is keep cab fare in reserve, providing you the ability to impress your chosen companion, and get things going early.

Last week, we ran across an article reflecting how things can go bad in an instant. Sixteen year old Robert Mitchell was a passenger in his cousin’s car. Police stopped the vehicle for an expired license plate. Mitchell, a learning disabled boy with a clean record, jumped out of the car. His cousin said he was absolutely freaked and starting sprinting.

The 5’2”, 110 pound kid fled to an abandoned house. Though the Police tried to corner him, he resisted. They responded with their version of non-lethal force, using a 50,000 volt TASER.

Mitchell died shortly thereafter.

One poor choice can chase one for one’s full life, no matter how short. It will undoubtedly also haunt the officers.

Where did it go wrong? What was the first indicator that things were about to spiral?

The Laughingman contends that telling the truth will always set one free. He also maintains that when things go wrong, there are worse things than getting arrested.

Post No. 113: When the Surfboard Hits the Wall

© 2009, the Institute for Applied Common Sense

The Logistician had many quirks. He loved to channel surf. But he engaged in a different form of channel surfing. He tried to watch as many TV shows as possible.

Simultaneously.

Fascinated by everything, he’d watch a movie on TCM, The Golden Girls, C-Span, American Dad, the History Channel, Cathy Griffin, and then switch back and forth during lulls.

But occasionally he would, as he used to say, “Hit the wall.” This referred to coming across something which forced him to instantaneously focus on one program. At its end, he tried to determine what distinguished it from others.

He came up with the phrase from his surfboarding days. Well, perhaps it wasn’t really surfboarding, but rather boogey boarding. (A boogey board is a small piece of roughly rectangular hard foam, hydrodynamicallly shaped.)

One of his buddies was a professor. His students gave him a boogey board as a gift.

While hanging out with his buddy’s family, the Logistician fell in love with the sport. His buddy’s kids later gave him one as a present. Whenever he went to the beach, he packed his board.

In fact, he stopped taking women on vacations, opting to sleep with the board, since it gave him what he long sought – a hard mattress, the ability to consume a constant stream of information (uninterrupted), and a peaceful night’s sleep.

He took Boogey with him to a Club Med in Mexico once. There were two beaches. One was for patrons of the resort. The other was a far more dangerous beach. He was warned that only very experienced swimmers should attempt to ride the waves on the GO beach.

Insufficiently challenged by the smaller waves on the GM beach, he headed to the other, just he and Boogey. The waves were 3-4 times larger than on the GM beach. Yet, he thought them manageable.

After waxing his board, out he swam. He got a sense of the wave rhythm, and caught the “perfect wave.” He instantly realized that he was not as experienced as he thought, and found himself on the top of the wave, instead of inside the “tube.” He described the feeling as like God reaching down, grabbing him during an earthquake, and shaking him in the water.

All of a sudden, the wave crashed, and so did he. Disoriented, and his lungs full of sea water, he was tossed to the bottom of the surf… on his head.

As he lay there motionless, and the tide rolled out, he realized that he had “hit the wall.” The wave had his attention.

We watched a C-Span presentation recently, and “hit the wall,” Logistician style.

When we first came across it, there was a woman describing her experience with the legal system following a rape. Something was different about her tone. For a minute, we thought that she was the attorney for the victim, and a victims’ rights advocate.

However, we quickly abandoned that notion, and her intensity soon revealed that she was the victim. She described her frustration with the lengthy delays associated with sending the perpetrator to death row. The camera occasionally panned the silent audience.

She told the story of a detective, requesting DNA samples, and her subsequent discovery that she had identified the wrong black man.

The white woman went on to describe her feelings and the fact that this man had lost 10 years of his life in prison. Some suggested that he was probably a “bad person” anyway, and that she had done nothing for which she should apologize or feel guilty.

Despite this, she wanted to meet the man face-to-face, and he agreed.

While the angle of the camera slowly expanded, we next saw a young black man sitting on the dais, who appeared to us to not have one aggressive bone in his body. We said to ourselves, "This couldn't have been the rapist."

We soon realized that we had met the co-authors of the book, Picking Cotton: Our Memoir of Injustice and Redemption.

After the rape victim described her immediate feeling that this could not have been the man as she observed him walking up her steps, she described him saying that he had no malice toward her, and had already forgiven her.

Cotton, the young black man and co-author, then stood up to tell his story in a very soft-spoken, deliberate manner, mentioning that the actual perpetrator was in prison with him. He also noted that he asked God what he had done to deserve this treatment.

This is story telling at its very best. It will also impress upon you the Common Sense importance of not rushing to judgment and getting all the facts. Check it out, if you interested in “hitting the wall.”