When acquittal still gets you a life sentence

To really appreciate how debased our legal system has become, one has to go no further than to read this news report by Carol Rosenberg of The Miami Herald about the pending trial of a person accused of involvement in the bombing of the USS Cole in Yemen in 2000.

The U.S. military tribunal for the USS Cole bombing suspect has no power to free a captive found innocent of war crimes but shouldn’t be told the terror suspect could be held for life anyway, Pentagon prosecutors said in a court document made public Wednesday.

Defense lawyers want the judge presiding at the death-penalty trial of Abd al Rahim al Nashiri to notify would-be jurors that acquittal of war crimes won’t necessarily mean the Saudi-born captive walks free from the U.S. prison camps at Guantánamo.

It’s bad enough that the rules of the military tribunal are such that if the accused is found guilty he can be executed, but if he is acquitted the Obama administration can still imprison him for life. But the administration does not even want the jury (consisting of all military officers) to be told this piece of information, probably fearing that they may not want to participate in what is a kangaroo court or a show trial that were emblematic of some of the worst governments in history.

Scott Horton of Harper’s Magazine quotes Robert H. Jackson, a Supreme Court justice then on special leave to handle the prosecutions at the Nuremberg trials who said, “The ultimate principle is that you must put no man on trial under the forms [of] judicial proceedings if you are not willing to see him freed if not proven guilty.”

But such quaint considerations of human rights and justice no longer apply. We decide first who is guilty and deserve to be punished and then have a trial to get that result.

Jeff Sharlett talks at CWRU

Jeff Sharlett, author, investigative journalist, and TV political commentator, is a prolific writer on the intersection of religion and politics. The Family: The Secret Fundamentalism at the Heart of American Power (2008) is one of his works. His bio is here.

He will be talking on The Noise of Democracy Occupying Our Minds on Wednesday, November 9, 2011 at 5:30 PM in the Ford Auditorium in Allen Memorial Library Building, which is on the CWRU campus at the corner of the Euclid and Adelbert, just across the street from Severance Hall.

The talk is free and open to the public. Light refreshments will be served.

[Updated to include the time.]

Big Brother is watching us

[Update: Today the Associated Press reports that the CIA monitoring everybody’s tweets, Facebook pages, chat rooms, etc. as well.]

Via reader Jeff, I came across this excellent article by Jane Mayer in the New Yorker on whistleblower Francis Drake and the vigorous attempts by the Obama administration to prosecute him.

At the heart of its case is the attempt by the government to invade people’s privacy. The government claimed that it needed the ability to gather information on people’s communications as a way to fight the war on terror. But spying on the conversations of Americans in America is against the law. Some people at the National Security Agency developed a program called ThinThread that collected information while people’s identities were kept secret. It was only if terrorism was flagged that the identifiers would be revealed. This, they felt, would at least partially preserve the privacy of innocent people by identifying only those against for whom there were serious grounds for suspicion. Thus ThinThread was a way to collect data while preserving privacy. But this tool was ignored because apparently what the government wants to do is be able to single people out by name and snoop on all their communications. This makes Richard Nixon’s plumbers and enemies list seem quaint by comparison.
[Read more…]

The Haught-Coyne debate video

[UPDATE2: The Q/A session following the debate has been added below the debate video.]

[UPDATE: I have now watched the video and I think I know why Haught was upset and did not want the video released. Coyne was direct and uncompromising (which anyone who has read his stuff should have expected) but I don’t think that that was the problem. It was because Coyne used direct quotes from Haught to make his argument that theology can only make science and religion seem compatible by using a fog of language and metaphor. By quoting all those passages from Haught’s books, Coyne essentially provided a template and all the ammunition anyone needs to effectively debate Haught in the future.]

The much talked about video of the debate between theologian John Haught and scientist Jerry Coyne is now available. I have not had time to watch it yet but Coyne says that it consists of the two 25-minute talks. The PowerPoint slides that accompanied the talks can be downloaded separately and he recommends that you do that and follow along.

The Q/A that followed is not shown and that’s a pity. I find that the Q/A sessions are sometimes the best part of the talk. They enable the speakers to clarify and sharpen their ideas. In fact, when I give talks I often encourage the audience to jump in with questions at any time and even build in time during the talk for such exchanges.

Haught and Coyne’s talks:

2011 Bale Boone Symposium – Science & Religion: Are They Compatible? from UK Gaines Center on Vimeo.

Q/A session:

Science and Religion: Are They Compatible? October 12, 2011 Q+A with Jerry Coyne and John Haught from UK College of Arts & Sciences on Vimeo.

Relativity-11: The cold fusion debacle

(For previous posts in this series, see here.)

The ‘cold fusion’ episode from back in 1989 illustrates the danger with issuing press releases announcing a major scientific discovery before the scientific community has had a chance to weigh in and sift through the evidence. Two respected scientists Stanley Pons and Martin Fleischmann at the University of Utah discovered reactions producing enormous amounts of heat when the metal palladium was immersed in what is known as ‘heavy water’, which contains a large fraction of water molecules in which the ordinary hydrogen atom has been replaced by the heavier isotope deuterium. The experimenters thought that chemical reactions could not account for the scale of the energy release and were convinced that they had discovered a way to produce nuclear fusion reactions at room temperature, thus opening the way to a vast, cheap, and clean new energy source. Needless to say, this would be a revolutionary discovery, both scientifically and practically.

In March 1989 they announced their results at a press conference to loud fanfare. I remember hearing the announcement on BBC news over my short-wave radio and thinking “Wow! This is huge.” As in the current case of faster-than-light neutrinos, the initial surprise was quickly followed by considerable skepticism within the scientific community because cold fusion went completely against all that we thought we knew about nuclear fusion. For two nuclei to come close enough to fuse, they have to overcome the strong repulsive forces due to both having positive charges. For the nuclei to overcome this ‘Coulomb barrier’, they have to have high energies that are associated with high temperatures as found in the Sun and other stars, which is what enables fusion to be their energy source. What Pons and Fleischmann were suggesting would require some new mechanism to overcome the well-known and well-understood obstacles to low-temperature fusion.

Other scientists pointed out that even if we ignored the Coulomb problem, the byproducts of fusion, which should have been copiously produced, were not observed either, throwing doubt on whether fusion was actually occurring. This objection was countered by claiming that perhaps this was a new form of nuclear reaction that did not produce those specific byproducts. As I pointed out in my series on the logic of science, almost any theory can be salvaged by the introduction of such auxiliary hypotheses. But adopting such stratagems tends to weaken the case for a new theory unless they too can be corroborated with other evidence.

If the claims of Pons and Fleischmann were true, the practical benefits and the revolutionary science they spawned were enormous and this persuaded enough scientists to take the cold fusion claims seriously enough to spend considerable time and effort and money to investigate them. As far as I am aware, over two decades later, though some scientists still continue to work on it, there is still no consistency about the cold fusion reactions, despite periodic resurgences of enthusiasm, enough that the Pentagon is funding further studies. In 2009, the program 60 Minutes did a program giving the history of cold fusion and some new developments.

One problem with cold fusion is that the heat reactions cannot be reliably reproduced. “The experiments produce excess heat at best 70 percent of the time; it can take days or weeks for the excess heat to show up. And it’s never the same amount of energy twice.” This is always a troubling sign. Scientific laws are not idiosyncratic. If they work, they should work all the time in the same way with no exceptions. If there are exceptions, these should also be law-like in that you should be able to predict exactly under what conditions they will or will not occur. Results that occur sometimes with no understanding why are signs that there are some unknown factors at work that are skewing the results.

So what has all this history to do with the recent neutrino story? The fact that this result was also announced via what was essentially a press release and not at a scientific meeting or in a peer-reviewed journal article aroused some concern. Press releases do not face the same degree of scrutiny as a journal article, where a sensational claim of this sort would be subject to close scrutiny before being approved for publication. In the above video, Fleischmann recognized this mistake, saying that he had two regrets: “calling the nuclear effect “fusion,” a name coined by a competitor, and having that news conference, something he says the University of Utah wanted.”

It is not the case that scientists are hidebound dogmatists, determined to cling on to old ideas, as is sometimes claimed by non-scientists when their pet theories (such as intelligent design) are rejected. As I said before, part of the strength of science is that because scientific knowledge is the product of a consensus-building process, it does not get easily swayed by each and every claim of a big discovery. It initially views reports of revolutionary developments with skepticism, waiting to see if the results hold up and corroborating evidence is produced. If so, the community can and does accept the new idea. For example, this year’s award of the Nobel prize for physics was for the discovery that distant galaxies are not only moving away from us (which agreed with existing theories) but are actually accelerating (which flatly contradicted everything we had thought and has led to the highly counter-intuitive idea of so-called ‘dark energy’ permeating and dominating all of space) shows that the community can change its collective mind and accept radically new ideas, and fairly quickly. But the reason such a seemingly outlandish result as dark energy became the conventional wisdom within the short space of less than two decades is because the proponents were able to marshal the evidence in favor of it that survived close scrutiny and was corroborated.

The history of cold fusion, despite not becoming mainstream, also puts the lie to the claims of the so-called intelligent design movement that scientists conspire to suppress those ideas that challenge conventional wisdom. Despite the fact that most of the scientific community is highly skeptical of it being a real effect, cold fusion advocates actually do have a research program in which they do experiments, produce data, and publicize their results. All that members of the intelligent design community do is write books and articles and give talks whining that the scientific community refuses to give them a platform to promote their ideas and that this is because the community is hidebound and refuses to even consider their bold new idea that challenges the accepted ‘dogma’ of evolution.

The actual explanation for why the scientific community rejects intelligent design is simple and mundane. More that two decades after the idea was first proposed, intelligent design advocates still have not done a single experiment or have even a research program to do any.

Next: What if Einstein causality has to be abandoned?

Still Haughty

Yesterday I wrote about the bizarre situation where Catholic theologian John Haught had objected to the release of the video of the debate that he had with Jerry Coyne. That refusal caused quite a furor in the blog world and as a result, Haught has relented.

You can read Haught’s explanation for his initial refusal and subsequent reversal, and Coyne’s response follows immediately after. What I want to highlight is Haught’s extraordinarily patronizing claim that he was trying to protect our delicate sensibilities from being offended by having to listen to what Coyne had to say.

But let me come to the main reason why I have been reluctant to give permission to release the video. It is not for anything that I said during our encounter, but for a reason that I have never witnessed in public academic discussion before.

I’m still in shock at how your presentation ended up. I was so offended both personally and as an academic by the vulgarity of it all that I did not want other people to have to share what I witnessed that night in October. I still don’t.

You should be grateful that I have tried to protect the public from such a preposterous and logic-offending way of bringing your presentation to a close.

It is preposterous to think that the kinds of people who would take the trouble to watch a debate between a theologian and a scientist are like stereotypical Victorian ladies who might swoon and have to reach for their smelling salts. We can judge perfectly well for ourselves who comported themselves well and who didn’t.

All Haught has done is vastly increase the interest in watching the debate. He may want to buy stock in companies that sell smelling salts.

The role of religion at a secular university

There will be a panel discussion followed by a free and open forum on the above topic to discuss the role of religion, involving questions such as: Should we support it, promote it, accommodate it, respect it, or just ignore it?

The panelists are: William Deal (moderator, Professor of Religion), Peter Haas (Chair of Department of Religious Studies), Colleen Barker-Williamson (Director of Student Activities and Leadership), and Mano Singham (Director, UCITE)

Location: Nord 310 on the Case quad of CWRU
Time: Friday, November 4, 2011, 12:30-1:45 pm

Pizza and drinks will be available.