The Justice Center, Again

Far be it from me to quibble when the Indianapolis Star actually engages in journalism. And it did so last Sunday, twice on the front page (!)–with a report on charter schools (they get more money per pupil than public schools, and on average perform more poorly. I know, it’s a shock…) and a lengthy and informative piece on the pros and cons of the Justice Center proposal.

Kudos on actually digging in and reporting on matters that should concern taxpayers.

That said, the report on the Justice Center missed a pretty critical issue: its design. IBJ columnist Bruce Race has been all over this, as has IndyCan, a local civic group concerned about the impact of the proposed design on criminal justice issues.

Design isn’t just about the way buildings look–although that’s important, too. It’s about the way they function, about what architects call “the program.” In your house, the program addresses things like storage, “flow,” and convenience based upon the way you live. In public buildings, the program needs to take all these things into account, plus the specific ways in which the public entity operates; it also needs to consider the impact of the building or buildings on the city and surrounding neighborhood(s). One reason an earlier proposal to locate the Justice Center at the old airport was so roundly criticized wasn’t just that it would have been incredibly inconvenient for the people most likely to use it, but that the location would have had a substantial, negative effect on occupancy of office buildings in the downtown core, and on the vitality of a downtown we’ve spent years and billions of dollars reinvigorating.

We need a Justice Center. But it needs to be thoughtfully designed to complement our long-term strategy for downtown, to integrate court and jail functions in the most seamless possible fashion, and to enhance the aesthetics of the surrounding area.

I’ve previously raised concerns about the financing mechanism, the secrecy of the process, and the nature of the incentives involved (the Administration says that placing responsibility for long-term maintenance on the developer will encourage the use of better materials, but it’s just as likely to encourage corner-cutting decisions made for the convenience of the developer rather than the public tenants). And what happens if–after obtaining payment for the construction phase– the developer defaults? (Toll Road, anyone?) What are our options?

My point is not that the deal is a bad one. My point is: we don’t know. 

A deal this complex and expensive, intended to span this long a time-frame, needs to be done right. That means it needs to be thoroughly vetted by all stakeholders. I get suspicious when we’re given a short window within which to commit vast amounts of public money, and when the purported need for speed is based upon dark warnings that we need to move quickly in order to “lock in” benefits we aren’t even sure are there.

We can’t afford another parking meter giveaway.

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Lie Detectors and the First Amendment

Anyone who watches dramatized detective shows–especially those of the CSI variety–knows that the real starring role is played by technology: cool, highly sophisticated devices that virtually no real-life crime lab can afford. These shows are fun, but accuracy isn’t the strong suit of storylines that need to be resolved in an hour’s time. (Fingerprint identification isn’t the slam dunk that Abby’s computer makes it seem on NCIS.)

Even the popular culture shows that don’t rely on “gee whiz” gadgetry, however, routinely use lie detectors. So the general public can be forgiven for thinking that lie detectors work.

They don’t. At least, not reliably. As Morton Tavel has noted

In 2003, the National Academy of Sciences (NAS), after a comprehensive review, issued a report entitled “The Polygraph and Lie Detection,” stating that the majority of polygraph research was “unreliable, unscientific and biased”, concluding that 57 of approximately 80 research studies—upon which the American Polygraph Association relies—were significantly flawed. It concluded that, although the test performed better than chance in catching lies—although far from perfect—perhaps most importantly, they found the test produced too many false positives.

In other words, nervous people who are telling the truth can easily fail the test. And many do.

This lack of reliability is widely understood in the legal community and among police officers; it’s why most courtrooms don’t admit lie detector results into evidence. It’s also why several ex-police officers have spoken out against their use, and why a subset of them has helped job applicants and others who face “screening” by detectors learn techniques that will help them pass.

And that brings us to a fascinating question. Is helping people pass a lie detector test a crime? What if you aren’t just helping Nervous Nellie tell the truth in a way that won’t trip the machine, but you are helping Sneaky Sam lie?

Douglas Gene Williams, a former Oklahoma City police polygraphist and the proprietor of Polygraph.com,  has been teaching individuals how to pass polygraph tests since 1979. He has recently been indicted for mail fraud and witness tampering for allegedly “persuad[ing] or attempting to persuade” two undercover agents posing as customers “to conceal material facts and make false statements with the intent to influence, delay, and prevent the testimony” of the undercover agents “in an official proceeding….”

Williams’ defenders say this is entrapment, that the attempt to shut him down is implicit acknowledgment that the tests don’t work, and that Williams has a free speech right to criticize their use by demonstrating their manifest unreliability. Others–including many polygraph critics and yours truly–say that helping guilty people fool the tests goes beyond advocacy, and is a bridge too far.

What say you?

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Roots and Branches

One of the most difficult lessons for those of us raised in individualistic cultures is recognizing the difficulty of solving problems that are symptoms of broken systems.

A recent report from NPR offered a great illustration.

Research shows that kids who have tough childhoods — because of poverty, abuse, neglect or witnessing domestic violence, for instance — are actually more likely to be sick when they grow up. They’re more likely to get diseases like asthma, diabetes and heart disease. And they tend to have shorter lives than people who haven’t experienced those difficult events as kids.

When University of Florida Dr. Nancy Hardt consulted Medicaid records, she made a map that showed exactly where Gainesville children were born into poverty. Eventually, she showed the map to show it to Alachua County’s sheriff, Sadie Darnell, who—it turned out—also had a map. Hers was a thermal map of high crime incidence, and it showed that “the highest concentration of crime in Gainesville was in a square-mile area that exactly overlaid Hardt’s poverty map.”

Those crimes included significant levels of domestic violence, child abuse and neglect.

A visit to the area turned up numerous health-related issues: poorly maintained subsidized housing, with tarps covering leaky roofs. Mold and mildew spreading across stucco walls. Poor families that often had trouble getting enough to eat.

There was also an almost total lack of services, including medical care. (The closest place to get routine medical care for the uninsured–and most people in the area were—was the county health department, a two-hour bus trip away.)

The doctor and sheriff also teamed with civic groups to open a family resource center in 2012. Its play area is open to children all day, and there’s a food pantry, free meals, a computer room, AA meetings, and a permanent health clinic.

Initial reports suggest that these measures are improving health and reducing the incidence of crime in the area. But as heartwarming as this story is, it also offers a stinging rebuke to policymakers who refuse to invest public dollars in systemic efforts–who seem unable to grasp the human and fiscal costs of persistent social neglect.

We have copious research confirming that the dollars spent on systems that help children—abating environmental hazards like lead contamination, combatting urban asthma, addressing food deserts, providing safe and enriching early childhood care—ultimately save many more dollars that we don’t have to spend later on medical care, remedial programs, welfare payments and prisons.

We also have depressing research confirming how difficult it is for those born into poverty to escape it; despite those Horatio Alger stories, admonitions about “pulling oneself up by ones bootstraps” and belief in the “American dream,” social mobility in the U.S. is far below that of industrialized countries that do provide these social supports.

Farmers understand that the crop you get depends not just on the seeds you plant, but also how well you fertilize and water them. It isn’t so different with children.

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Why News Matters

Regular readers of this blog know that I am semi-obsessed with civic literacy–with the level of civic knowledge necessary to the operation of a representative democracy. And it could hardly have escaped notice that I’ve been pretty hard on what passes for media these days.

The two issues are inextricably entwined. We depend upon verifiable, credible journalism to inform us about our government and to allow us to hold our elected officials accountable.

My belief about the importance of this relationship has recently been confirmed by Pew.

The relative decline of local news — a result of slashed budgets and staffs at newspapers, where the majority of original reporting is still generated — has been an area of grave concern for members of the media as well as everyone who cares about civic health, from policymakers and social scientists to community groups and citizens. A lot of inputs are required to keep communities vibrant, and widely disseminated factual information — a common set of issues and understandings — turns out to be a key ingredient. The Federal Communications Commission spelled out some of these dynamics in its comprehensive 2011 report “Information Needs of Communities.
Academic research backs up these concerns, too. A 2014 study by Lee Shaker of Portland State University, “Dead Newspapers and Citizens’ Civic Engagement,” finds that at the national and local level there is a positive relationship between newspaper readership and civic engagement as measured by contacting or visiting a public official; buying or boycotting certain products or services because of political or social values; and participating in local groups or civic organizations such as the PTA or neighborhood watch. Likewise, a recent paper by Danny Hayes of George Washington University and Jennifer L. Lawless of American University, “As Local News Goes, So Goes Citizen Engagement: Media, Knowledge and Participation in U.S. House Elections,” notes important implications for democracy: “Citizens exposed to a lower volume of coverage are less able to evaluate their member of Congress, less likely to express opinions about the House candidates in their districts, and less likely to vote.”
The million-dollar question, of course, is: What do we do about this situation?
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Paradigm Shift

I see where Lindsay Graham–the new Chair of the Senate Committee on Technology–has never used email. And of course, I’ve posted before about James Inhofe, the climate-change denier and evolution skeptic who inexplicably heads up the Senate Committee on the Environment.

Shades of Alaska Senator Ted Stevens, who described the Internet as a “series of tubes.”

Perhaps the most penetrating description of John McCain during his campaign for President was “An analog candidate for a digital age.” It summed up a problem we encounter in times of paradigm shift, when people living in a rapidly vanishing world can no longer communicate with inhabitants of the emerging reality.

We have lawmakers who might just as well occupy different planets, so different are their frames of reference and worldviews. No matter how well intentioned, no matter that they have some abstract understanding that new technologies are creating new cultural norms, it is simply not possible for such people to make rational decisions about realities with which they have no firsthand experience. (Think Ted Cruz’ embarrassing comments about net neutrality–comments that clearly demonstrated his total ignorance of what the issue actually was about. Or Presidential candidate Jeb Bush, who demonstrated his lack of comprehension by saying  “The idea of regulating access to the internet with a 1934 law is one of the craziest ideas I’ve ever heard”–then multiply that cluelessness by the number of elected officials who are similarly rooted in another era.)

As a site called “The Big Blue Gumball” noted in a discussion of paradigms and paradigm shift:

Among the biggest paradigm shifts of the last 10 years have been the transitions from analog to digital, and from wired to wireless. These revolutionary technological changes have led to major sociological and behavioral modifications that impact our everyday lives – from the way we live and work, to the ways we entertain ourselves and engage with others.

But not the way all too many lawmakers understand the world.

We’re in big trouble.

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