There's no shortage of stories (mostly in the Daily Mail) about how the Internet is the Devil's Superhighway full of porn and general depravity.
The National Youth Orchestra of Iraq mostly taught themselves to play their instruments by watching YouTube. They got a lot of their music online and auditioned online. I got to hear about them online and you can hear them play online. If there's any hope for that troubled country it's with the kids and the magical mechanism that got them together to play a symphony is probably the same magical mechanism that will help them organise to rebuild their shattered country and its culture.
Meanwhile the boot lock on my 10 year old Seat Toledo didn't lock. I found a posting online that described how it was probably water gunking up the solenoid and all you need is to remove the plastic cover and squirt WD-40 everywhere. I found another posting that described (with pictures) how to remove the plastic cover and I managed to fix a problem in ten minutes with a screwdiver and zero technical skill that had me seriously considering scrapping the car.
I love the way that the Law of Unintended Consequences continues to apply to the Internet. I love the way that people with skills give their time free of charge to post content for the rest of us to enjoy.
The Internet is a tool - very much like a hammer. You can use it to build a house or you can use it to smash someone's head in. Just because there are evil people in the world, it doesn't mean you should remove anything they might possibly misuse.
Friday, September 14, 2012
Friday, September 07, 2012
Em Eh ?
In the early days of this blog I was quite aggressive about the Magistrates Association. But as time went on, I mellowed somewhat. Their previously shambolic appearances in the media became merely ineffectual and I moved onto other things to be cross about.
Last week, after four years on the bench, I actually met my local Magistrates Association representative and my dander is well and truly in the upright position once more.
He was stirring up opposition to a totally logical merger of two under-utilised benches. I found it hard to understand his argument, but it seemed to boil down to "Scary change ! If we let them change this, what else will they change next, eh ?"
The vast majority of my scheduled sittings this year have been cancelled due to lack of work. This isn't happening as much on larger benches where workload can be spread around, so it seems well worth trying to me. But he (and presumably the MA also) are opposing it on the grounds that inertia has to be the best policy.
He was rather disappointed not to receive my support and asked if I was going to the Association's AGM. I had to further disappoint him by saying that I wasn't a member. He didn't ask me why, which was a shame as it would have been a great opportunity to ask why the Magistrates Association have been quiet, maybe even complicit, in management's attempt to impose arbitrary and unnecessary restrictions on Magistrates' online activities.
Actually, where are the Magistrates' Association on that subject ? I'm not a member so I don't expect a personal briefing but I can't find any comment from them online. Last I heard they were working hard to get us all nice badges.
Last week, after four years on the bench, I actually met my local Magistrates Association representative and my dander is well and truly in the upright position once more.
He was stirring up opposition to a totally logical merger of two under-utilised benches. I found it hard to understand his argument, but it seemed to boil down to "Scary change ! If we let them change this, what else will they change next, eh ?"
The vast majority of my scheduled sittings this year have been cancelled due to lack of work. This isn't happening as much on larger benches where workload can be spread around, so it seems well worth trying to me. But he (and presumably the MA also) are opposing it on the grounds that inertia has to be the best policy.
He was rather disappointed not to receive my support and asked if I was going to the Association's AGM. I had to further disappoint him by saying that I wasn't a member. He didn't ask me why, which was a shame as it would have been a great opportunity to ask why the Magistrates Association have been quiet, maybe even complicit, in management's attempt to impose arbitrary and unnecessary restrictions on Magistrates' online activities.
Actually, where are the Magistrates' Association on that subject ? I'm not a member so I don't expect a personal briefing but I can't find any comment from them online. Last I heard they were working hard to get us all nice badges.
Tuesday, August 14, 2012
Radio Free Stan's Dog
I'm Stan's dog and unlike Stan I have lots of opinions.
* Jessie J really can't sing
* Bolton Wanderers still lack a proven goalscorer and look woeful at the back
* The new series of "Vexed" is better than the critics suggest
Airing these opinions does not make me a bad dog and I don't believe it would make me a bad Magistrate either (assuming they ever allow dogs on thecouch bench)
If I could steal (bad dog ! bad !) a phrase from "The West Wing"
It's the "representative" part of the deal that the current guidance on Magistrate blogging is in conflict with. From now on, to be a Magistrate means that you either need to keep quiet about being a Magistrate (as per the Masons) or to have no opinions (like Stan) or to be so unworldly that you don't do social media at all. Doesn't sound terribly representative of my community.
But hey, I'm a dog - what do I know ?
Woof.
* Jessie J really can't sing
* Bolton Wanderers still lack a proven goalscorer and look woeful at the back
* The new series of "Vexed" is better than the critics suggest
Airing these opinions does not make me a bad dog and I don't believe it would make me a bad Magistrate either (assuming they ever allow dogs on the
If I could steal (bad dog ! bad !) a phrase from "The West Wing"
"Do (people) want to be governed by people who are animated, or animatronic?"The big idea behind the Magistracy is that it is a representative sample of a community which metes out justice to those who have offended against that community.
It's the "representative" part of the deal that the current guidance on Magistrate blogging is in conflict with. From now on, to be a Magistrate means that you either need to keep quiet about being a Magistrate (as per the Masons) or to have no opinions (like Stan) or to be so unworldly that you don't do social media at all. Doesn't sound terribly representative of my community.
But hey, I'm a dog - what do I know ?
Woof.
Thursday, August 09, 2012
Some of Stan's Friends could be Magistrates
There's a persistent rumour that Magistrates are to be banned from saying that they are Magistrates while blogging, tweeting or commenting on videos of cute kittens on Facebook.
Furthermore, the rumour is that they will be instructed to remove any past material that doesn't comply with the new diktat on blogs that they "maintain".
Rather than writing it every time, could you please note that Stan does not necessarily have any opinions at all and anything you might have read on this blog to suggest otherwise could have been dictated to him by any number of people, cartoon animals and voices in his head, some of whom may have been serving magistrates.
As to who "maintains" this blog - who says that person is a Magistrate ?
One of the Stan contributors (who may or may not be a Magistrate) tells me that he finds the new guidance to be a heavy-handed infringement of a fairly basic human right and puzzling in the light of the focus put on "transparency" in the current White Paper.
The contributor (also called "Stan" - very confusing) states that he can't think of anything more guaranteed to reduce transparency than legislating against the likes of Bystander's excellent blog - he believes that the guy deserves a medal for services of judicial transparency rather than being threatened with the vague and menacing prospect of "disciplinary action".
The text of the alleged guidance is reproduced below (also available on Bystander's blog - enjoy it while you can)
I still hold out hope that it's a prank - I've asked my bench chairman to verify whether it's authentic - until then I'm not going anywhere.
***********************************************
Introduction
This guidance is issued on behalf of the Senior Presiding Judge and the Senior President of Tribunals. It applies to all courts and tribunal judicial office holders in England and Wales, and is effective immediately.
Definitions
A “blog” (derived from the term “web log”) is a personal journal published on the internet. “Blogging” describes the maintaining of, or adding content to, a blog. Blogs tend to be interactive, allowing visitors to leave comments. They may also contain links to other blogs and websites. For the purpose of this guidance blogging includes publishing material on micro-blogging sites such as Twitter.
Guidance
Judicial office holders should be acutely aware of the need to conduct themselves, both in and out of court, in such a way as to maintain public confidence in the impartiality of the judiciary.
Blogging by members of the judiciary is not prohibited. However, officer holders who blog (or who post comments on other people’s blogs) must not identify themselves as members of the judiciary. They must also avoid expressing opinions which, were it to become known that they hold judicial office, could damage public confidence in their own impartiality or in the judiciary in general.
The above guidance also applies to blogs which purport to be anonymous. This is because it is impossible for somebody who blogs anonymously to guarantee that his or her identity cannot be discovered.
Judicial office holders who maintain blogs must adhere to this guidance and should remove any existing content which conflicts with it forthwith. Failure to do so could ultimately result in disciplinary action. It is also recommended that all judicial office holders familiarise themselves with the new IT and Information Security Guidance which will be available shortly.
Furthermore, the rumour is that they will be instructed to remove any past material that doesn't comply with the new diktat on blogs that they "maintain".
Rather than writing it every time, could you please note that Stan does not necessarily have any opinions at all and anything you might have read on this blog to suggest otherwise could have been dictated to him by any number of people, cartoon animals and voices in his head, some of whom may have been serving magistrates.
As to who "maintains" this blog - who says that person is a Magistrate ?
One of the Stan contributors (who may or may not be a Magistrate) tells me that he finds the new guidance to be a heavy-handed infringement of a fairly basic human right and puzzling in the light of the focus put on "transparency" in the current White Paper.
The contributor (also called "Stan" - very confusing) states that he can't think of anything more guaranteed to reduce transparency than legislating against the likes of Bystander's excellent blog - he believes that the guy deserves a medal for services of judicial transparency rather than being threatened with the vague and menacing prospect of "disciplinary action".
The text of the alleged guidance is reproduced below (also available on Bystander's blog - enjoy it while you can)
I still hold out hope that it's a prank - I've asked my bench chairman to verify whether it's authentic - until then I'm not going anywhere.
***********************************************
Introduction
This guidance is issued on behalf of the Senior Presiding Judge and the Senior President of Tribunals. It applies to all courts and tribunal judicial office holders in England and Wales, and is effective immediately.
Definitions
A “blog” (derived from the term “web log”) is a personal journal published on the internet. “Blogging” describes the maintaining of, or adding content to, a blog. Blogs tend to be interactive, allowing visitors to leave comments. They may also contain links to other blogs and websites. For the purpose of this guidance blogging includes publishing material on micro-blogging sites such as Twitter.
Guidance
Judicial office holders should be acutely aware of the need to conduct themselves, both in and out of court, in such a way as to maintain public confidence in the impartiality of the judiciary.
Blogging by members of the judiciary is not prohibited. However, officer holders who blog (or who post comments on other people’s blogs) must not identify themselves as members of the judiciary. They must also avoid expressing opinions which, were it to become known that they hold judicial office, could damage public confidence in their own impartiality or in the judiciary in general.
The above guidance also applies to blogs which purport to be anonymous. This is because it is impossible for somebody who blogs anonymously to guarantee that his or her identity cannot be discovered.
Judicial office holders who maintain blogs must adhere to this guidance and should remove any existing content which conflicts with it forthwith. Failure to do so could ultimately result in disciplinary action. It is also recommended that all judicial office holders familiarise themselves with the new IT and Information Security Guidance which will be available shortly.
Thursday, May 31, 2012
Suspended Suspended
I've described before that it took a while to wrap my head around the idea of a suspended prison sentence - I really did not understand why someone who deserves prison shouldn't go to prison.
I learned though that it's in Society's best interest sometimes that people are punished in the community while they get cured of addiction or take care of their dependents.
So what happens when someone on a suspended sentence messes up again - straight forward, no ? They go to prison, right ?
Well actually, it's not totally inevitable. They may be doing well on the substance treatment program and their families may still not be able to survive without them. There is the option to simply add on some extra punishment and give them a last-last chance to sort themselves out.
I'm definitely not convinced about this one. I'm all for giving people a chance but when you've given someone a last chance and they don't take advantage of it then I think that prison is all you've got left. Otherwise what are the chances of anyone taking a suspended sentence seriously?
I had a chance to test this opinion recently - young man with a baby with his partner who also acts as father to her toddler. Was lucky to get a suspended sentence last time for multiple burglaries, now in front of us for trying the doors of parked cars at 3 a.m miles from his house.
Defence solicitor told us in some detail that his partner had a broken leg and she couldn't look after the children properly without him. The children may have to go into the care system for the duration of the father's sentence.
Sounds pretty grim, but its the defence's job to make it easy for us to keep their clients out of prison and they often lay it on thick. In reality a broken leg wouldn't stop me looking after my children and there are such things as grandparents and aunts and uncles.
So we sent him away - the family and friends didn't believe it at first and then were extremely cross. One of them even gave us a Nazi salute which I suppose we should have done something about.
This brought us to lunchtime - I walked the chairman out to his car in case they were waiting for us out the back and then went for to the sandwich shop.
I returned to find my fellow winger in tears "What have we done to those children !"
First time I've had to comfort a magistrate, but I managed it. Basically I pointed out that we've done nothing to these children - what kind of a father was he at 3 a.m in the town-centre knowing that he was risking jail? Our job is to enforce the law and the children will, one way or another, be taken care of.
That night I slept fine, by the way. It's not pleasant but someone has to make these hard decisions or else thieves will continue to thieve. And if that means some kids have to lose their criminal daddy for a few months then I'm afraid that's the way it has to be.
I learned though that it's in Society's best interest sometimes that people are punished in the community while they get cured of addiction or take care of their dependents.
So what happens when someone on a suspended sentence messes up again - straight forward, no ? They go to prison, right ?
Well actually, it's not totally inevitable. They may be doing well on the substance treatment program and their families may still not be able to survive without them. There is the option to simply add on some extra punishment and give them a last-last chance to sort themselves out.
I'm definitely not convinced about this one. I'm all for giving people a chance but when you've given someone a last chance and they don't take advantage of it then I think that prison is all you've got left. Otherwise what are the chances of anyone taking a suspended sentence seriously?
I had a chance to test this opinion recently - young man with a baby with his partner who also acts as father to her toddler. Was lucky to get a suspended sentence last time for multiple burglaries, now in front of us for trying the doors of parked cars at 3 a.m miles from his house.
Defence solicitor told us in some detail that his partner had a broken leg and she couldn't look after the children properly without him. The children may have to go into the care system for the duration of the father's sentence.
Sounds pretty grim, but its the defence's job to make it easy for us to keep their clients out of prison and they often lay it on thick. In reality a broken leg wouldn't stop me looking after my children and there are such things as grandparents and aunts and uncles.
So we sent him away - the family and friends didn't believe it at first and then were extremely cross. One of them even gave us a Nazi salute which I suppose we should have done something about.
This brought us to lunchtime - I walked the chairman out to his car in case they were waiting for us out the back and then went for to the sandwich shop.
I returned to find my fellow winger in tears "What have we done to those children !"
First time I've had to comfort a magistrate, but I managed it. Basically I pointed out that we've done nothing to these children - what kind of a father was he at 3 a.m in the town-centre knowing that he was risking jail? Our job is to enforce the law and the children will, one way or another, be taken care of.
That night I slept fine, by the way. It's not pleasant but someone has to make these hard decisions or else thieves will continue to thieve. And if that means some kids have to lose their criminal daddy for a few months then I'm afraid that's the way it has to be.
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