No Comment — July 19, 2010, 4:28 pm

From the Department of Pre-Crime

Here’s some news that Phillip K. Dick could work into a novel:

The lower house of the Russian Parliament passed a draft law on Friday allowing the country’s intelligence service to officially warn citizens that their activities could lead to a future violation of the law, reviving a Soviet-era K.G.B. practice that was often used against dissidents. The president, Dmitri A. Medvedev, is expected to sign it into law shortly.

The legislation was proposed during the tense weeks after two suicide bombers attacked the Moscow subway, and its stated goal was to stanch the growth of radicalism among young Russians. But rights advocates and opposition parties have warned that the expanded powers could be used to silence critics of the government. In a letter made public on Thursday, 20 leading human rights activists condemned the legislation as a blow to “the cornerstone principles of the law: the presumption of innocence and legal certainty.”

On one hand, we have the principle that persons are presumed innocent and can only be convicted of a crime based on evidence showing at least an overt act connected to a crime. On the other, we have the concept of thought crimes—that someone’s very attitudes can constitute a predisposition to commit crime, and that this is a crime itself. The first belongs to the bedrock of modern democratic society. The second is a characteristic of totalitarian systems. The two cannot really be reconciled.

America has been experimenting with the notion of pre-crime for eight years, as our Justice Department and intelligence community have set out to apprehend, abuse, and torture persons, not based on evidence that they have committed a crime, but rather on generally unreliable intelligence predicting that they are likely to do so, perhaps citing scattered words in phone conversations or emails. When the victims turn out to be clearly innocent, a dilemma arises. But the Leitmotiv of the Justice Department since 9/11 has been simple: never admit to having made a mistake. This explains the numerous attempts to extort bogus confessions through torture and oppression, and the efforts to rig a case in an attempt at least to persuade authorities that there was a legitimate basis to hold the prisoner in the first place. Maher Arar and Khaled El-Masri are but two of the victims of these shenanigans.

This is another of those lamentable areas in which, following the collapse of the Soviet Union, a convergence seems to be underway between Russia and the United States, and the Soviet model is proving far more influential than most observers would like to acknowledge.

Share
Single Page

More from Scott Horton:

No Comment April 12, 2013, 11:11 am

A Final Act for the Guantánamo Theater of the Absurd?

A new report from Seton Hall University exposes government surveillance of attorney-client conversations

No Comment, Six Questions March 18, 2013, 9:00 am

Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East

Rashid Khalidi on how the United States sustains the failure of the Israel-Palestine peace process

No Comment, Six Questions February 4, 2013, 9:00 am

Mea Maxima Culpa: Silence in the House of God

Alex Gibney on his documentary investigating the Roman Catholic Church’s handling of child sex-abuse cases

Get access to 163 years of
Harper’s for only $19.97

United States Canada

CATEGORIES

THE CURRENT ISSUE

June 2013

How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

Long Division

= Subscribers only.
Sign in here.
Subscribe here.

The Separating Sickness

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

[Editor's Note]
Why the AR-15 rifle is here to stay,
the conspiracy theories of Room 237,
and more

Lucas Mann on hope and change in a minor-league-baseball city

[Perspective]
The firearm as emblem of personal sovereignty
“Let’s review our recent national paroxysm about guns, shall we?”
Illustration by Jeremy Traum
[Report]
How to Make Your Own AR-15

= Subscribers only.
Sign in here.
Subscribe here.

“Even if federal gun-control advocates got everything they wanted, they couldn’t prevent America’s most popular rifle from being made, sold, and used. Understanding why this is true requires an examination of how the firearm is made.”
Illustration by Jeremy Traum
[Publisher's Note]
In Boston, An Exercise in Intimidation

= Subscribers only.
Sign in here.
Subscribe here.

In the aftermath of the Boston Marathon bombing, why did so few people protest the decision to lock down parts of the city?
Photo by Sally Vargas/ Talk Radio News Service
[Six Questions]
Class A: Baseball in the Middle of Everywhere

= Subscribers only.
Sign in here.
Subscribe here.

Lucas Mann on hope and change in a minor-league-baseball city
“This one constant in the face of job loss, population loss — all of this erratic change — infused the stands with a sense of continual possibility.”

Minimum number of baboons forced to smoke crack in a 1989 study testing the efficacy of cigarettes as a drug delivery device:

3

A reduction in distrust toward atheists was documented among pious Canadians who are reminded of the Vancouver police.

A Missouri cinema apologized for hiring an actor dressed in body armor and carrying a fake rifle to appear at a screening of Iron Man 3.

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

The Water of My Land

By (Photographer)

Winner of the 2012 Olivier Rebbot Award for best photographic reporting from abroad in magazines or books

Subscribe Today