Although criminal law is an important guiding force, most criminal justice practitioners have a considerable amount of discretion how they do their job. For example, police (i.e., patrol officers) make decisions about whether they will stop, question, search, ticket, warn or arrest suspects. Correctional officers decide if they are going to intervene when they see inmates commit institutional infractions. And Prosecutors, typically with the assistance of a grand jury, make decisions regarding if it is worth their while to charge an individual or organization with a crime, and what types of crimes they suspect an entity to be guilty of.
This brings us to the recent case where the United States Department of Justice (DOJ) charged eleven people, members of the far-right Oath Keepers, with seditious conspiracy in connection with the January 6, 2021 insurrection.
Among the numerous questions that public has regarding the January 6th insurrection, we don’t specifically know why the DOJ prosecutors decided to charge these Oath Keepers with seditious conspiracy. In order to answer this question, we would need to directly ask the lead prosecutor and the team. And predictably they are not going to tell us why before a possible trial, and even if they were willing to talk to us, there is no guarantee that they will be honest.
That being said, historically prosecutors have been reluctant to use political crime kinds of charges because they open up lots of complications. Judges and juries are not familiar with these types of criminal offences; they are complicated to explain to a judge or jury, and thus in any charging document more weight is given to more typical kinds of crime (i.e., murder, attempt murder, etc.). More specifically, there is not a lot of precedent in recent years for these kinds of charges, nor convictions connected to them. And there are some pretty common defenses that are percolating in legal circles surrounding this case.
But a skillful prosecution should be able to convince a judge and jury that it’s not a matter of simply exercising free speech.
In short, prosecutors had to choose between sedition and treason and in some respects seditious conspiracy is a compromise charge. In short sedition is “Advocating (typically through speech other kinds of communications) the overthrow of a government.” (Ross, 2012, p. 41) And treason is, “Participating in the overthrow of a government (e.g., engaging in war against your own government, giving aid to enemies of your government)” (Ross, 2012, pp. 44-46).
More specifically, there are probably four reasons why seditious conspiracy charges may have been chosen for the Oath Keepers at this stage of the prosecutions against the Capitol rioters.
1. Over the past year, Democrats, or at least people who supported Biden, have been wondering why no explicitly political charges have been used against participants in the insurrection. The current charging may be a way to mollify this criticism.
2. The prosecution has charged the eleven Oath Keepers with a handful of other crimes and are likely to secure convictions on at least some of them, and the length of sentence is respectable (i.e., quite lengthy).
3. The seditious conspiracy charges may be a way for prosecutors to test these criminal cases to see how things work out because they will learn how to best apply them to bigger fish like former President Donald Trump and his inner circle.
4. Prosecutors may not have had sufficient evidence that they believed was necessary to convict the Oath Keepers until now. Prosecutors have laid charges against the so-called low hanging fruit. And they may be methodically building their case (or at least we hope so) against more important players in the January 6th insurrection.
Other than that we will need to wait and see how these charges play out and what kinds of behind the scenes deals the accused and their lawyers make with federal prosecutors. This will give us a taste of what is to come.
Photo Credit
By Myotus – Own work, CC0, https://commons.wikimedia.org/w/index.php?curid=104620894
https://jeffreyianross.com/wp-content/uploads/Oath_Keepers-Billboard_Pine_River_MN_July_2015-scaled.jpg19202560Jeffrey Ian Rosshttps://jeffreyianross.com/wp-content/uploads/jeffrey-ian-ross-logo-04.pngJeffrey Ian Ross2022-02-03 16:57:322022-02-03 16:57:32Making Progress? Why were seditious conspiracy charges used against the Oath Keepers?
One of the numerous benefits of living in the US is that it’s a big country, and if you don’t like where you are currently living, or the location doesn’t provide you with the things you need, want, or desire, then all things being equal, you have the freedom to move.
This is especially true with respect to economic challenges and opportunities you encounter. If you lose your job and can’t find appropriate work in your city, county or state, or your dream job or business lies elsewhere, unless you want or need to be close to family members or friends, in general you have the liberty to pack up and go somewhere else.
Relocating (which is easier for some people than others) has been highlighted during the COVID-19 pandemic. During this time some individuals (particularly knowledge workers) have jobs that are portable, and many of them can move to a different state or country and continue their work with a minimum of headaches.
Unless the local sheriff drove you to the outskirts of your town, and told you to never come back, people have the power to make a rational approach about where they want to relocate. Although “bounded rationality” is real, potential movers can rank order their priorities, develop a list of possible locations, maybe even develop a matrix, collect relevant information about these places, possibly take a vacation there, and even temporally live in the new community before making the final decision.
Here’s the rub. In the desire to move somewhere else many people are attracted to parts of the country that have low costs of living, including property costs and tax rates.
In this scenario some people consider moving from a blue (i.e., Democratic and liberal leaning) state, to a red (i.e., Republican and conservative) or even purple (i.e., half Democratic and half Republican) state.
Some, but not all, traditional red states (e.g., Kansas, Oklahoma, Tennessee, and Wyoming) have very attractive lower costs of living, including lower real estate prices. Also state and sales taxes are less, if not close to nonexistent, in many red states (i.e., Alabama, Alaska, Montana, South Carolina, Utah and Wyoming).
Keep in mind, however, that just because a red state doesn’t have a personal income tax, doesn’t necessarily mean that other types of taxes (e.g., sales) are also absent, nor have the other benefits previously mentioned. But these criteria should not be the only ones that force your hand.
What many red states do have, on the other hand, is a different culture. In general, the majority of people living in these states, have red state attitudes towards politics, race, gender, sexual preference, equality, religion, etc.
If you live in a big metropolis, a university town, or are sedentary (i.e., don’t go out of your house much), home school your children, and really don’t interact with your neighbors or the locals, then this kind of situation may be ideal for you.
On the other hand, if you live in the suburbs of the bigger cities, or in the smaller towns of red states, and do interact with people in your community, you may be tad shocked or disappointed when you talk about things more consequential than the weather. You may end up biting your tongue more often than you care to avoid interpersonal conflicts.
Over time, these kinds of interactions can have very nonpecuniary costs to you, your mental and emotional health, and the people you live with.
In short, you don’t want to be back where you started, looking to move once again.
https://jeffreyianross.com/wp-content/uploads/Screen-Shot-2022-01-28-at-1.10.43-PM.png238798Jeffrey Ian Rosshttps://jeffreyianross.com/wp-content/uploads/jeffrey-ian-ross-logo-04.pngJeffrey Ian Ross2022-01-28 18:42:372024-09-22 12:23:37Choose wisely my friend. Just because a state’s tax rate and cost of living is low doesn’t mean it’s great place to live or move to
Over the past few years, COVID-19 has had significantly affected community college, liberal arts college, and university instruction.
Many institutions of higher education have pivoted to on-line and hybrid instruction. With the introduction of the vaccine, mask mandates, testing, and hygiene theatre during the past few semesters, there was an assumption that by the Spring of 2022, teaching at universities could go back to normal (e.g., in person instruction) or close to it. The appearance of Omicron, the current strain of the Corona virus, in late 2021 has once again forced universities to rethink how instruction should proceed.
Universities have had to remain flexible with respect to the courses they offer and who is going to teach them. One challenging area that has been called into question is who exactly is teaching the classes? With administrators, faculty, and staff out sick, suffering from long COVID conditions, or being extra cautious about face-to-face instruction, changing enrollment patterns, and the constant need to find part-timers or adjuncts, because of the challenges of staffing, the ability to find appropriate instructors for classes has been a daunting task.
Many people, from administrators, to professors, to students, to parents (who are often the ones footing the bill), are rightly asking, given the current pandemic, who exactly is teaching our classes.
Here are some basic facts. Universities depend on both full-time and part-time people to teach classes. Full-time instruction is typically done by professors at different stages of their career. Part-time teaching is usually provided by individuals on short term contracts including, doctoral holding experts, advanced graduate students, or other experts (typically with an advanced degree).
Just because someone is a professor does not necessarily mean that they are good instructors. They may be Nobel prize winning researchers, raise lots of grant money (a portion of which goes to the university in terms of overhead), but have challenges communicating their knowledge to nonspecialists. On the other end of the spectrum, a reasonably educated person, with minimal subject knowledge may, when pressed into service, rise to the occasion and make a stellar performance teaching a university level class.
Throughout the United States, and other countries that have similar post-secondary types of education, we have lots of excellent adjuncts and part-time instructors. These individuals can have a Ph.D., be in the process of earning a doctorate, or they may have a masters but they have subject matter expertise (e.g., current or former practitioners).
On the plus side, there is an assumption that teaching part-time can be a good training ground for wanna be professors. If you have earned a PhD, or are in the process, are looking for a full-time contract or tenure-track job, and need to demonstrate that you can teach, then teaching part-time either at your university or another one may look good on your vita.
In fact, many universities, formally train their doctoral level students how to teach. They may start them off as teaching assistants asking them to grade quizzes, mid-terms or term papers. They may even be required to lead a seminar or a lab. This is a good proving ground. Over time, (one or more semesters) the department in which the student is enrolled, may even feel comfortable asking the graduate student to teach their own course. In this manner they are eased into teaching.
Also keep in mind, that in some particularly large urban centers (e.g., New York, Los Angeles, Washington, DC, etc.), there is a large pool of qualified adjuncts from surrounding campuses and/or from the at large population, so much so that there are literally scores of people with Ph.D.’s who cobble together a paltry income teaching a variety of courses at different institutions of higher education.
Let’s face it, in general, and regardless of the labor market, part-timers are cheaper to hire, and allow entities to accommodate to unpredictable demands for a product or service. The business or organization can staff up when demand is high, and let go of employees when the demand decreases. Adjuncts, who are part of the precariat, often bear the brunt of this process. They have little job security and considerable financial insecurity. They may be asked at the last minute to teach a class, or told right before a semester starts that a course they were scheduled to teach (and may have already prepped for) is cancelled or reassigned to someone else. That is why we have seen the formation of graduate student and adjunct unions in numerous universities and university systems.
Why don’t universities just hire adjuncts to teach all the classes? Is it because they are afraid of unions? No. There are lots of reasons why universities don’t simply replace the full time teaching staff with part timers. To begin with it’s a nightmare to manage such a diverse labor pool. And, professors (the full-timers) do lots more than teach (i.e., they engage in research and service, both of which have numerous implications for the university as a whole). In an attempt to build in another layer of quality control, most good universities are accredited. And accrediting agencies, like Middle States, tells universities that only a portion of the courses can be taught by part-timers.
But Omicron has made staffing even more challenging. Some universities have been forced to hire less than expert or unwilling graduate students to teach. In some cases these students have pressured graduate students to prepare and teach classes at the last minute. Many of them have never taught before, but are financially insecure and need additional income available.
True, younger grad students may have more abilities in online teaching and/or understand the challenges better than older professors. They may know their way around Zoom and other on-line technology especially the ability to create breakout groups, record
What is the result? There are two problems that students are confronted with here. The person who is teaching may not be adequately qualified to teach. And graduate students engaged in overwhelming assignments cannot make progress on their own course work, advance in their candidacy, or dissertations.
So how can we best address this current challenge.
This is the moment where department chairs, deans, provosts need to step up. Specifically:
1. Provide adequate training for new graduate student teachers and/or pathways to ease into teaching
2. Understand the needs of students and the reasons for low enrollment. Perhaps ask the students which modality is preferred and/or what their schedules look like. Times have changed and people have full-time lives, and
3. Adequately compensate grad students and give them enough warning to prepare for academically and financially for the semester.
https://jeffreyianross.com/wp-content/uploads/pexels-pixabay-207691-1-scaled.jpg18282560Jeffrey Ian Rosshttps://jeffreyianross.com/wp-content/uploads/jeffrey-ian-ross-logo-04.pngJeffrey Ian Ross2022-01-21 16:20:292022-10-02 12:21:15Who’s teaching this college course anyways? And why does it matter?
Making Progress? Why were seditious conspiracy charges used against the Oath Keepers?
/by Jeffrey Ian RossAlthough criminal law is an important guiding force, most criminal justice practitioners have a considerable amount of discretion how they do their job. For example, police (i.e., patrol officers) make decisions about whether they will stop, question, search, ticket, warn or arrest suspects. Correctional officers decide if they are going to intervene when they see inmates commit institutional infractions. And Prosecutors, typically with the assistance of a grand jury, make decisions regarding if it is worth their while to charge an individual or organization with a crime, and what types of crimes they suspect an entity to be guilty of.
This brings us to the recent case where the United States Department of Justice (DOJ) charged eleven people, members of the far-right Oath Keepers, with seditious conspiracy in connection with the January 6, 2021 insurrection.
Among the numerous questions that public has regarding the January 6th insurrection, we don’t specifically know why the DOJ prosecutors decided to charge these Oath Keepers with seditious conspiracy. In order to answer this question, we would need to directly ask the lead prosecutor and the team. And predictably they are not going to tell us why before a possible trial, and even if they were willing to talk to us, there is no guarantee that they will be honest.
That being said, historically prosecutors have been reluctant to use political crime kinds of charges because they open up lots of complications. Judges and juries are not familiar with these types of criminal offences; they are complicated to explain to a judge or jury, and thus in any charging document more weight is given to more typical kinds of crime (i.e., murder, attempt murder, etc.). More specifically, there is not a lot of precedent in recent years for these kinds of charges, nor convictions connected to them. And there are some pretty common defenses that are percolating in legal circles surrounding this case.
But a skillful prosecution should be able to convince a judge and jury that it’s not a matter of simply exercising free speech.
In short, prosecutors had to choose between sedition and treason and in some respects seditious conspiracy is a compromise charge. In short sedition is “Advocating (typically through speech other kinds of communications) the overthrow of a government.” (Ross, 2012, p. 41) And treason is, “Participating in the overthrow of a government (e.g., engaging in war against your own government, giving aid to enemies of your government)” (Ross, 2012, pp. 44-46).
More specifically, there are probably four reasons why seditious conspiracy charges may have been chosen for the Oath Keepers at this stage of the prosecutions against the Capitol rioters.
1. Over the past year, Democrats, or at least people who supported Biden, have been wondering why no explicitly political charges have been used against participants in the insurrection. The current charging may be a way to mollify this criticism.
2. The prosecution has charged the eleven Oath Keepers with a handful of other crimes and are likely to secure convictions on at least some of them, and the length of sentence is respectable (i.e., quite lengthy).
3. The seditious conspiracy charges may be a way for prosecutors to test these criminal cases to see how things work out because they will learn how to best apply them to bigger fish like former President Donald Trump and his inner circle.
4. Prosecutors may not have had sufficient evidence that they believed was necessary to convict the Oath Keepers until now. Prosecutors have laid charges against the so-called low hanging fruit. And they may be methodically building their case (or at least we hope so) against more important players in the January 6th insurrection.
Other than that we will need to wait and see how these charges play out and what kinds of behind the scenes deals the accused and their lawyers make with federal prosecutors. This will give us a taste of what is to come.
Photo Credit
By Myotus – Own work, CC0, https://commons.wikimedia.org/w/index.php?curid=104620894
Choose wisely my friend. Just because a state’s tax rate and cost of living is low doesn’t mean it’s great place to live or move to
/by Jeffrey Ian RossOne of the numerous benefits of living in the US is that it’s a big country, and if you don’t like where you are currently living, or the location doesn’t provide you with the things you need, want, or desire, then all things being equal, you have the freedom to move.
This is especially true with respect to economic challenges and opportunities you encounter. If you lose your job and can’t find appropriate work in your city, county or state, or your dream job or business lies elsewhere, unless you want or need to be close to family members or friends, in general you have the liberty to pack up and go somewhere else.
Relocating (which is easier for some people than others) has been highlighted during the COVID-19 pandemic. During this time some individuals (particularly knowledge workers) have jobs that are portable, and many of them can move to a different state or country and continue their work with a minimum of headaches.
Unless the local sheriff drove you to the outskirts of your town, and told you to never come back, people have the power to make a rational approach about where they want to relocate. Although “bounded rationality” is real, potential movers can rank order their priorities, develop a list of possible locations, maybe even develop a matrix, collect relevant information about these places, possibly take a vacation there, and even temporally live in the new community before making the final decision.
Here’s the rub. In the desire to move somewhere else many people are attracted to parts of the country that have low costs of living, including property costs and tax rates.
In this scenario some people consider moving from a blue (i.e., Democratic and liberal leaning) state, to a red (i.e., Republican and conservative) or even purple (i.e., half Democratic and half Republican) state.
Some, but not all, traditional red states (e.g., Kansas, Oklahoma, Tennessee, and Wyoming) have very attractive lower costs of living, including lower real estate prices. Also state and sales taxes are less, if not close to nonexistent, in many red states (i.e., Alabama, Alaska, Montana, South Carolina, Utah and Wyoming).
Keep in mind, however, that just because a red state doesn’t have a personal income tax, doesn’t necessarily mean that other types of taxes (e.g., sales) are also absent, nor have the other benefits previously mentioned. But these criteria should not be the only ones that force your hand.
What many red states do have, on the other hand, is a different culture. In general, the majority of people living in these states, have red state attitudes towards politics, race, gender, sexual preference, equality, religion, etc.
If you live in a big metropolis, a university town, or are sedentary (i.e., don’t go out of your house much), home school your children, and really don’t interact with your neighbors or the locals, then this kind of situation may be ideal for you.
On the other hand, if you live in the suburbs of the bigger cities, or in the smaller towns of red states, and do interact with people in your community, you may be tad shocked or disappointed when you talk about things more consequential than the weather. You may end up biting your tongue more often than you care to avoid interpersonal conflicts.
Over time, these kinds of interactions can have very nonpecuniary costs to you, your mental and emotional health, and the people you live with.
In short, you don’t want to be back where you started, looking to move once again.
Who’s teaching this college course anyways? And why does it matter?
/by Jeffrey Ian RossOver the past few years, COVID-19 has had significantly affected community college, liberal arts college, and university instruction.
Many institutions of higher education have pivoted to on-line and hybrid instruction. With the introduction of the vaccine, mask mandates, testing, and hygiene theatre during the past few semesters, there was an assumption that by the Spring of 2022, teaching at universities could go back to normal (e.g., in person instruction) or close to it. The appearance of Omicron, the current strain of the Corona virus, in late 2021 has once again forced universities to rethink how instruction should proceed.
Universities have had to remain flexible with respect to the courses they offer and who is going to teach them. One challenging area that has been called into question is who exactly is teaching the classes? With administrators, faculty, and staff out sick, suffering from long COVID conditions, or being extra cautious about face-to-face instruction, changing enrollment patterns, and the constant need to find part-timers or adjuncts, because of the challenges of staffing, the ability to find appropriate instructors for classes has been a daunting task.
Many people, from administrators, to professors, to students, to parents (who are often the ones footing the bill), are rightly asking, given the current pandemic, who exactly is teaching our classes.
Here are some basic facts. Universities depend on both full-time and part-time people to teach classes. Full-time instruction is typically done by professors at different stages of their career. Part-time teaching is usually provided by individuals on short term contracts including, doctoral holding experts, advanced graduate students, or other experts (typically with an advanced degree).
Just because someone is a professor does not necessarily mean that they are good instructors. They may be Nobel prize winning researchers, raise lots of grant money (a portion of which goes to the university in terms of overhead), but have challenges communicating their knowledge to nonspecialists. On the other end of the spectrum, a reasonably educated person, with minimal subject knowledge may, when pressed into service, rise to the occasion and make a stellar performance teaching a university level class.
Throughout the United States, and other countries that have similar post-secondary types of education, we have lots of excellent adjuncts and part-time instructors. These individuals can have a Ph.D., be in the process of earning a doctorate, or they may have a masters but they have subject matter expertise (e.g., current or former practitioners).
On the plus side, there is an assumption that teaching part-time can be a good training ground for wanna be professors. If you have earned a PhD, or are in the process, are looking for a full-time contract or tenure-track job, and need to demonstrate that you can teach, then teaching part-time either at your university or another one may look good on your vita.
In fact, many universities, formally train their doctoral level students how to teach. They may start them off as teaching assistants asking them to grade quizzes, mid-terms or term papers. They may even be required to lead a seminar or a lab. This is a good proving ground. Over time, (one or more semesters) the department in which the student is enrolled, may even feel comfortable asking the graduate student to teach their own course. In this manner they are eased into teaching.
Also keep in mind, that in some particularly large urban centers (e.g., New York, Los Angeles, Washington, DC, etc.), there is a large pool of qualified adjuncts from surrounding campuses and/or from the at large population, so much so that there are literally scores of people with Ph.D.’s who cobble together a paltry income teaching a variety of courses at different institutions of higher education.
Let’s face it, in general, and regardless of the labor market, part-timers are cheaper to hire, and allow entities to accommodate to unpredictable demands for a product or service. The business or organization can staff up when demand is high, and let go of employees when the demand decreases. Adjuncts, who are part of the precariat, often bear the brunt of this process. They have little job security and considerable financial insecurity. They may be asked at the last minute to teach a class, or told right before a semester starts that a course they were scheduled to teach (and may have already prepped for) is cancelled or reassigned to someone else. That is why we have seen the formation of graduate student and adjunct unions in numerous universities and university systems.
Why don’t universities just hire adjuncts to teach all the classes? Is it because they are afraid of unions? No. There are lots of reasons why universities don’t simply replace the full time teaching staff with part timers. To begin with it’s a nightmare to manage such a diverse labor pool. And, professors (the full-timers) do lots more than teach (i.e., they engage in research and service, both of which have numerous implications for the university as a whole). In an attempt to build in another layer of quality control, most good universities are accredited. And accrediting agencies, like Middle States, tells universities that only a portion of the courses can be taught by part-timers.
But Omicron has made staffing even more challenging. Some universities have been forced to hire less than expert or unwilling graduate students to teach. In some cases these students have pressured graduate students to prepare and teach classes at the last minute. Many of them have never taught before, but are financially insecure and need additional income available.
True, younger grad students may have more abilities in online teaching and/or understand the challenges better than older professors. They may know their way around Zoom and other on-line technology especially the ability to create breakout groups, record
What is the result? There are two problems that students are confronted with here. The person who is teaching may not be adequately qualified to teach. And graduate students engaged in overwhelming assignments cannot make progress on their own course work, advance in their candidacy, or dissertations.
So how can we best address this current challenge.
This is the moment where department chairs, deans, provosts need to step up. Specifically:
1. Provide adequate training for new graduate student teachers and/or pathways to ease into teaching
2. Understand the needs of students and the reasons for low enrollment. Perhaps ask the students which modality is preferred and/or what their schedules look like. Times have changed and people have full-time lives, and
3. Adequately compensate grad students and give them enough warning to prepare for academically and financially for the semester.