Some years ago, at a road race, a runner entered with a sex of “other” which caused a bit of a problem with the race results. After all, in such competitions people are divided between male and female. They are also divided by age. Because of this, experienced runners tend to check out the competition before the start of the race, looking to see who is present and mentally gauging their chances of being “a have” (runner slang for getting an award).

Since awards are usually divided into categories of sex and age, runners also try to estimate the age of the potential competition. While it is less common, runners sometimes do need to estimate the sex of the competition. While some people advocate avoiding all concerns about age and sex by only having awards for overall top finishers, there are good reasons to have such categories.

One obvious reason is that awards are intended to increase attendance at the race as some people are more inclined to participate when they know they have more chances of winning. If awards were limited to top overall finishers, there would be some decline in participation since people who were not the very top runners would know they had no chance of winning anything.

Another reason is to provide people with a chance to compete in ways that offset advantages. Naturally, almost every race allows people to compete in the overall results, so there is still very broad competition.

Age has a dramatic negative impact on performance. One major factor is that older athletes do not recover as fast, hence it becomes harder to maintain rigorous training while avoiding injury and being well-rested for the competition. People also get weaker as they age, though diligent maintenance can slow this setting of the sun. Because of this, most races have 5 or 10-year age groups for awards to provide runners with a chance to compete against people with comparable temporal challenges. There are, of course, many older runners who can beat younger runners, but the general advantage lies with the youth. For most races, runners are on the honor system, and they provide their age when they sign up. Some races do, however, require proof of age to avoid people cheating.

While there are female runners who can easily defeat almost any male on the planet in a race, males have various biological advantages when it comes to running, such as greater strength. As such, dividing the awards by sex is a way to account for this difference. There are, of course, some races that do not take this approach, but these are very rare and tend to be small races put on by people not familiar with the usual practices of awards.

As with age, runners are on the honor system in regard to disclosing their sex when they sign up. While a male would generally have an advantage if he could pass a female, this could be challenging given the nature of running attire and various other factors. There are, however, some controversial cases. Perhaps the most famous is that of runner Caster Semenya. Semenya is believed to have an intersex condition which causes the production of high levels of testosterone. High testosterone levels are believed to provide an athletic advantage. It must be noted that while testosterone is associated most with males, females also produce testosterone. In the past, some sporting authorities tested female athletes for high testosterone levels, but this practice has largely changed because female athletes, like male athletes, naturally vary a great deal in testosterone levels.

While sex-changes are not common, they do occur often enough that the matter has been addressed in sports. Because the division of the sexes in sports is justified on the grounds of relative advantages, females who transition to male can generally compete without restrictions. The easy and obvious justification for this is that such a male would not have any advantage over other males. In fact, they would probably tend to have some disadvantage relative to people who were born male. A male who transitions to female would potentially have an advantage. Because of this, a transitioned athlete need not have surgery, but she is typically required to have undergone at least a year of hormone therapy. This prevents male athletes from simply claiming to be female on race day and competing with an advantage.

There are also people who want to change their gender identification but do not want to undergo surgery or hormone therapy. Some might wonder what would prevent unscrupulous male athletes from gender identifying as females to win races. The easy and obvious answer is that sex divisions in sports are not gender divisions. They are a matter of physical factors and not a matter of social construction. As such, a male athlete who gender identified as a female would still compete against males. They are still a male in regard to the factors that matter in competition.

It could be objected that a person who gender identifies as a man or a woman should be able to compete in accord with their preferred identity. That person might, for example, want their race medal or trophy to reflect this identity such as being second female in the 20-24 age group. An easy counter to this is to use an analogy to age. A person might identify as “young at heart” or “and old soul”, but this does not impact their actual chronological age. In the case of athletic competition, this is what matters. If people could pick their age identity for races, this would presumably be used to gain an unfair advantage. So, a 26-year-old person who identified as a 40-year-old would not thus be eligible to win the master’s award (for people 40+).

The next to the last matter to be considered is that which started this discussion; a person who wants to identify as “other.” Resolving this would require determining the basis of the claim of otherness. If the person has a biological identity that falls within established rules for competition (being intersex, for example) then those rules would be applied. If the person has a biological identity that falls outside of the existing rules, then there would seem to be two likely approaches. One would be to match the person with the closest biological sex. The other would be to create a new category for sports and establish standards for being in that category. If the person is electing to select other as a gender identity while having a biological sex, then the person would compete in the category of that biological sex, for the reasons given above.

In closing, there is also a practical matter regarding possible legal troubles. Years ago, I would often see race entry forms with “gender” instead of “sex” because the terms were used interchangeably. These days, “sex” is the standard. If an entry form has “gender” rather than “sex”, then a person could presumably use whatever gender they wish to identify with. This would be rather problematic for the awards budget, since Facebook once recognized over fifty genders. As such, race entry forms should go with “sex.” The form might need to include a brief explanation of the difference between sex and gender to help avoid misunderstandings.

In my previous essay, I discussed some possible motivations for groping in VR games, which is now a thing. The focus of what follows is on the matter of protecting gamers from such harassment on the new frontiers of gaming.

Since virtual groping is a paradigm of a first world problem, it might be objected that addressing it is a waste of time. After all, the objection can be made that resources that might be expended on combating virtual groping should be spent on addressing real groping After all, a real grope is far worse than a virtual grope and virtual gropes can be avoided by simply remaining outside of the virtual worlds.

This objection has some merits. After all, it is sensible to address problems in order of their seriousness. To use an analogy, if a car is skidding out of control at the same time an awful song comes on the radio, then the driver should focus on getting the car back under control and not wasting time on the radio.  Unless, of course, it is “The Most Unwanted Song.”

The reasonable reply to this objection is that this is not a situation where there is only one option. While time spent addressing virtual groping is time not spent on addressing real groping, addressing virtual groping does not preclude addressing real groping. Also, pushing this sort of objection can easily lead to absurdity: for anything a person is doing, there is almost certainly something else they could be doing that would have better moral consequences. For example, a person who spends time and money watching a movie could use that time and money to address a real problem, such as crime or drug addiction. But, as so often been argued, this would impose unreasonable expectations on people and would ultimately create more harm than good. As such, while I accept that real groping is worse than virtual groping, I am not failing morally by taking time to address the virtual rather than the real in this essay.

It could also be objected that there is no legitimate reason to be worried about virtual groping on the obvious grounds that it is virtual rather than real. After all, when people play video games, they routinely engage in virtual violence against each other. Yet this is not seen as a special problem (although virtual violence does have its critics). Put roughly, if it is fine to shoot another player in a game (virtual killing) it should be equally fine to grope another player in a game. Neither the killing nor groping are real and hence should not be taken seriously.

This objection does have some merit but can be countered by considering an analogy to sports. When people are competing in boxing or martial arts, they hit each other, and this is accepted because it is the purpose of the sport. However, it is not acceptable for a competitor to start pawing away at their opponent’s groin in a sexual manner. Punching is part of the sport, groping is not. The same holds for video games. If a person is playing a combat video game that pits players against each other, the expectation is that they will be subject to virtual violence. They know this and consent to it by playing, just as boxers know they will be punched and consent to it. But, unless the players know and consent to playing a groping game, using the game mechanics to virtually grope other players would not be acceptable as they did not agree to that game.

Another counter is that while virtual groping is not as bad as real groping, it can still harm the target of the groping. To use an analogy, being verbally abused over game chat is not as bad as having a person physically present engaging in such abuse, but it is still unpleasant. Virtual groping is a form of non-verbal harassment, intended to get a negative reaction from the target and to make the gaming experience unpleasant. There is also the fact that being the victim of such harassment can rob a player of the enjoyment of the game. And enjoyment is the point of playing. While it is not as bad as groping a player in a real-world game (which would be sexual assault), it has an analogous effect on the player’s experience.

It could be replied that a player should just be tough and put up with the abuse. This reply lacks merit and is analogous to saying that people should just put up with being assaulted, robbed or spit on. It is the reply of an abuser who wants to continue the abuse while shifting blame onto the target.

While players are in the wrong when they engage in virtual groping, there is the question of what gaming companies should do to protect their customers from such harassment. They do have a practical reason to address this concern as players will avoid games where they are subject to harassment and abuse, thus costing the company money. They also have a moral obligation, analogous to the obligation of those in the real world who host an event. For example, a casino that allowed players to grope others with impunity would be failing in its obligation to its customers; the same would seem to hold for a gaming company operating a VR game.

Companies do already operate various forms of reporting, although their enforcement tends to vary. Blizzard, for example, has policies about how players should treat each other in World of Warcraft. This same approach can and certainly will be applied to VR games that allow a broader range of harassment, such as virtual groping.

Because of factors such as controller limitations, most video games do not have the mechanics that would allow much in the way of groping although some players work very hard trying to make that happen. While non-VR video games could support things like glove style controllers that would allow groping, VR games are far more likely to support controllers that would allow players to engage in virtual groping behavior (something that has, as noted above, already occurred).

Eliminating such controller options would help prevent VR groping, but at the cost of taking away a rather interesting and useful aspect of VR controller systems. As such, this is not a very viable option. A better approach would be to put in the software limits on how players can interact with the virtual bodies of other players. While some might suggest a punitive system for when one player’s virtual hands (or groin) contacting another player’s virtual naught bits, the obvious problem is that wily gamers would exploit this. For example, if a virtual hand contacting a virtual groin caused the character damage or filed an automatic report, then some players would be trying their best to get their virtual groins in contact with other players’ virtual hands. As such, this would be a bad idea.

A better, but less than ideal system, would be to have a personal space zone around each player’s VR body to keep other players at a distance. The challenge would be working this effectively into game mechanics, especially for such things as hand-to-hand combat. It might also be possible to have the software recognize and prevent harassing behavior. So, for example, a player could virtually punch another player but not make grabbing motions on the target’s groin.

It should be noted that these concerns are about contexts in which players do not want to be groped; I have no moral objection to VR applications that allow consensual groping which, I infer, will be popular.

On the positive side, online gaming allows interaction with gamers all over the world. On the negative side, some gamers are horrible. While I have been a gamer since the days of Pong, one of my early introductions to “the horrible” was on Xbox live. In a moment of deranged optimism, I hoped that chat would allow me to plan strategy with my team members and perhaps make new gamer friends. While this did sometimes happen, the usual experience was an unrelenting spew of insults and threats between gamers. I solved this problem by clipping the wire on a damaged Xbox headset and sticking the audio plug into my controller; the spew continued but had nowhere to go.

There is an iron law of technology that any technology that can be misused will be misused. There are also specific laws that fall under this general law. One is the iron law of gaming harassment: any gaming medium that allows harassment will be used to harass. While there have been many failed attempts at virtual reality gaming, it seems that it might become the new gaming medium. Then again, VR might be analogous to fusion power: it is the gaming tech of the future and always will be. In any case, harassment in online VR games is already a thing. Just as VR is supposed to add a new level to gaming, it also adds a new level to harassment, such as virtual groping. This is an escalation over the harassment options available in most games. Non-VR games are typical limited to verbal harassment and some action harassment, such as tea bagging. For those not familiar with this practice, it is when one player causes their character to rapidly repeat crouch on top of a dead character. The idea is that the player is repeatedly slapping their virtual testicles against the virtual corpse of a foe. This presumably demonstrates contempt for the opponent and dominance on the part of the bagger.

Being a gamer and a philosopher, I do wonder a bit about the motivations of those that engage in harassment and how their motivation impacts the ethics of their behavior. While I will not offer a detailed definition of harassment, the basic idea is that it requires sustained abuse. This is to distinguish it from a quick expression of anger.

In some cases, harassment seems to be motivated by the enjoyment the harasser gets from the response from their target. The harasser is not operating from a specific value system that leads them to attack certain people; they are equal opportunity in their attacks. Back when I listened to what other gamers said, it was easy to spot this sort of person. They would go after everyone and tailor their spew based on what they believed about the target’s identity. As an example, if the harasser though their target was African American, they would spew racist comments. As another example, if the target was the then exceedingly rare female gamer, they would spew sexist remarks. As a third example, if the target was believed to be a white guy, the attack would usually involve comments about the guy’s mother or assertions that the target is homosexual.

While the above focuses on what a person says, the discussion also applies to the virtual actions in the game. As noted above, some gamers engage in tea-bagging because that is the worst gesture they can make in the game. In games that allow more elaborate interaction, the behavior will tend to be analogous to groping in the real world. This is because such behavior is the most offensive behavior possible in the game and thus will create the strongest reaction.

While a person who enjoys inflicting this sort of abuse does have some moral problems, they are probably selecting their approach based on what they think will most hurt the target rather than based on a principled commitment to sexism, racism or other such value systems. To use an obvious analogy, think of a politician who is not a devoted racist but is willing to use this language to sway a target audience.

There are also those who engage in such harassment as a matter of ideology and values. While their behavior is often indistinguishable from those who engage in attacks of opportunity, their motivation is based on a hatred of specific types of people. While they might enjoy the reaction of their target, that is not their main objective. Rather, the objectives are to express their views and attack the target of their hate because of that hate. Put another way, they are sincere racists or sexists in that it matters to them who they attack. To use the analogy to a politician, they are like a demagogue who believes in their own hate speech.

In terms of virtual behavior, such as groping, these people are not just using groping as a tool to get a reaction. It is an attack to express their views about their target based on their hatred and contempt. Groping might also not merely be a means to an end, but a goal in itself as the groping has its own value to them.

While both sorts of harassers are morally wrong, it is an interesting question as to which is worse. It could be argued that the commitment to evil of the sincere harasser (the true racist or sexist) make them worse than the opportunist. After all, the opportunist is not committed to evil views, they just use their tools for their amusement. In contrast, the sincere harasser not only uses the tools, but believes in their actions and truly hates their target. That is, they are evil for real.

While this is appealing, it is worth considering that the sincere harasser has the virtue of honesty; their expression of hatred is not a deceit.  To go back to the politician analogy, they are like the politician who truly believes in their professed ideology. Their evil does have the tiny sparkle of the virtue of honesty.

In contrast, the opportunist is dishonest in their attacks and thus compounds their other vices with that of dishonesty. To use the politician analogy, they are like the Machiavellian manipulator who has no qualms about using hate to achieve their ends. 

While the moral distinctions between the types of harassers are important, they generally do not matter to their targets. After all, what matters to (for example) a female gamer who is being virtually groped while trying to enjoy a VR game is not the true motivation of the groper, but the groping. Thus, from the perspective of the target, the harasser of opportunity and the sincere harasser are on equally bad moral footing; they are both morally wrong. In the next essay, the discussion will turn to the obligations of gaming companies in regard to protecting gamers from harassment.

The United States, like all societies, suffers from many ills. This includes such things as mental illness, homelessness and drug addiction. There are many ways that these problems could be addressed. Unfortunately, the usual approach has been to try to “solve” them by law enforcement and criminalization. I will briefly consider the failures of this approach in these cases.

In the 1980s there was a major shift in America’s approach to mental illness: in the name of fiscal savings, the mentally ill were released from the hospitals into the community. One major impact of this was an increase in the number of homeless people. 20-25% of the homeless suffer from severe mental illness, compared to 6% of the entire population. The mentally ill who are homeless, as one might suspect, are usually not treated. People with untreated severe mental illnesses often behave in ways that the public finds problematic, which often leads to their being arrested and imprisoned. Prisons are ill-equipped to deal with the mentally ill and mainly serve to warehouse such people until they serve their sentences. Having a criminal record makes matters worse and makes it more likely they will simply be returned to prison and remain untreated, thus creating a cruel cycle which offers little chance for escape.

The criminalization of mental illness has not solved the problem and has made it worse. As such, it is a failure if the goal was to help people. It has not helped treat people and the cost of operating mental health institutions has been replaced with the cost of maintaining prisons. There are those who profit from this system; but it costs society dearly.

It is also a moral failure. On utilitarian grounds, it is morally wrong because it has increased rather than decreased unhappiness. For moral systems that focus on obligations to the wellbeing of others (such as the version of Christianity that embraces the parable of the good Samaritan), this approach is also a moral failure. As such, criminalizing mental illness has proven a resounding failure.

While mental illness leads many to the streets, America’s economic system also makes people homeless. Many unhoused people end up that way due to being bankrupted by medical expenses. Since the homeless have no homes, they tend to live and sleep in public areas. As would be expected, the presence of the homeless in such areas is seen as a problem and some cities try to “solve” the problem by criminalizing such things as lying down or camping in public areas. The ordinances typically impose fines, but since the homeless generally cannot afford to pay fines they usually end up in the criminal justice system which is often a pathway to prison. A criminal record only makes matters worse for the homeless and increases the chance they will remain homeless. This means that they are likely to be arrested again for breaking the ordinances that target the homeless, thus creating another cruel circle.

As might be suspected, this approach to homelessness comes with a significant monetary cost. For example, Denver spent over $750,000 enforcing its homeless targeting ordinances. Other cities pay comparable costs, making the criminalization of homelessness costly to everyone. There have been some efforts to address homelessness through other means, such as providing affordable housing, but dealing with the underlying causes is challenging given the values of those making the decisions.

Once again, trying to solve a problem through criminalization proves to be a terrible approach if the goal is to solve a social problem. Even on the heartless grounds of saving money, it fails as the cost of policing the homeless seems to consume whatever savings might be accrued for pushing people into the streets. This, of course, could be countered. One might be able to show that the monetary cost of strategies aimed at getting the homeless into homes would exceed the cost of policing the homeless on the streets. After all, the politicians could lower the cost significantly simply by not policing the unhoused who do not commit serious crimes, such as robbery. This, however, does still leave the homeless without homes and this can impose other economic costs, such medical expenses paid for by the public. This could be countered by arguing that the homeless should be completely abandoned as this would yield financial savings.

Such abandonment does, however, run into a moral challenge. The harm suffered by the homeless (and society) would seem to make a compelling utilitarian moral argument in favor of approaches that aim at getting the homeless back into society. Moral views that accept that people should love one another also enjoin us to not abandon our fellows. In any case, criminalizing homelessness is no solution, financial or moral.

Drug addiction is another problem that has largely been addressed by criminalization. About half of the people in federal prisons and 16% of those in state prison are there for drug offenses. This is the result of the war on drugs, which endeavored to solve the drug problem by arresting our way out of it. Since the negative consequences of this approach fell mainly on minorities and the poor, there was little interest among politicians in taking a different approach. However, as prison populations swelled and public attitudes towards drug use changed, there was some talk of reconsidering this war. The biggest change in the public discussion arose from the opioid epidemic, a drug epidemic that goes beyond ravaging the poor and minorities to impacting the white middle class.  This has resulted in some changes in the approach to the problem, such as the police offering free treatment for drug users rather than arresting them. It does remain to be seen if these changes will be lasting and widespread. However, this is certainly a positive change to a failed approach to the health issue of drugs.

While some for-profit prisons have done well for their shareholders in the war on drugs, the financial cost to society has been substantial. Criminalization of addiction has also failed to reduce addiction. As such, this approach has proved to be a practical failure, unless you are a shareholder in a private prison or otherwise profit from this situation.

As above, there are also moral concerns about this approach in terms of the harms being inflicted on individuals and society as a whole. Fortunately, there is a chance that America will rethink the war on drugs (in which we are the enemy) and recast it as a health issue. This not only has the potential to be far more of a practical success; it also would seem to be the right thing to do morally. Transforming people in need into criminals cannot solve the ills of society, addressing those needs can.

Back in 2016 Colin Kaepernick created controversy by protesting racial oppression in America during the national anthem. While most of his critics acknowledged that he was within his legal rights, they believed he should not have exercised them in this way. I will review some of the objections against Kaepernick and address some of the broader moral issues raised by this sort of protest.

One tactic used against Kaepernick’s protest is to assert that his protest was invalidated because, as a rich and privileged NFL player, he was not personally oppressed. This approach is flawed in at least two ways. If the intent is to reject his claim that oppression exists by attacking him, then this is an ad hominem fallacy. This is a fallacy in which an attack on something about a person is taken as refuting a claim made by the person. This is a fallacy because the truth of a claim is independent of the person making it, although a person’s expertise (or lack) is relevant to assessing credibility.

This attack can also be seen as based on the view that only a victim of oppression or harm has the moral right to protest that oppression or harm. While this might have some appeal, it is flawed. To illustrate, if this principle were accepted, then it would follow that only those killed by abortions would have the moral right to protest abortion. This would be absurd on the grounds that no protest of abortion would be possible. If the principle were taken somewhat more broadly, it would follow that only victims of cancer could try to raise awareness of cancer. As such, the claim that he is not himself oppressed has no bearing on the truth of his claims or his right to protest. This same general principle applies beyond this historical example.

Another line of attack was against his character to allege  he was not sincere: he was protesting only to gain attention and bolster his flagging career. This approach can have merit if the goal is to determine whether someone is a virtuous. If a protestor is not sincere and using the protest for personal gain, then they can be justly criticized on moral grounds. However, this sort of attack has no logical bearing on the truth of assertions or the merit of a protest. This would be just another ad hominem attack.

To use an analogy, a person who uses an opportunity to focus attention on cancer to selfishly promote themselves is not a virtuous person, but this is irrelevant to whether cancer is a real problem. As such, a protestor’s motivations are irrelevant to the validity of their protest.

There are those who take the approach that his protest was invalid because there is no oppression of blacks. Those who believe that oppression exists point to objective data regarding income, wealth, educational opportunities, hiring, sentencing, and so on that show that oppression is real and systematic.

Those who deny it either deny the data or explain it away. For example, the disproportionate arrest rates and harsher sentences are explained by alleging that blacks commit more and worse crimes than whites. Since this is an ideological issue tied to political identity, the lines are solidly drawn: those who strongly deny the existence of oppression will generally never be convinced by any amount of data. Since they do not experience systematic oppression based on race, they also tend to claim that it does not exist because they have not experienced it, although some will claim that they have been mistreated for being white.

The evidence for oppression is convincing, but those who disagree with me will not be convinced by any evidence or argument I can offer. Instead, they will attribute my belief to a distorted ideology. That said, perhaps an appeal can be made to the white people who believe that they are oppressed as they might be willing to admit that blacks are not excluded from this oppression. For example, Trump supporters often speak of how the system is rigged by the elites and they should be able to accept that there are many blacks who are also victims of these elites.  This might allow for some common ground in regard to accepting the existence of oppression in the United States. I now turn to the broader issue of whether it is morally acceptable to protest during the national anthem.

Critics of Kaepernick contended that protesting during the national anthem was disrespectful and most asserted that this action was especially insulting to the troops. When considering the matter, it is worth noting that the national anthem was first played at games as a means of attracting more paying customers. Given its use in this manner, it would be odd to attack Kaepernick for using it as an opportunity to protest. After all, he is using the opportunity to bring attention to injustice in America while it was introduced to make more money. In this regard, he seems to have held moral high ground.

It could be replied that although it began as a marketing tool, it evolved into a sacred ritual that would be besmirched by protest. One line of criticism is that to protest during the national anthem is to disrespect the troops who died for the freedom of expression. This requires the assumption that the purpose of playing the anthem at games is to honor the troops. Which might be the case. However, if the troops did die for, among other rights, the freedom of expression then the exercise of that right would be a legitimate means of honoring these troops. Endeavoring to silence people would be insult to those who are said to have died for the right of free expression. That said, there is a reasonable moral concern about decorum during the national anthem, just as there are also such concerns about behavior at any time. Kaepernick’s protest was a very polite and respectful protest and did not seem problematic. Others, of course, disagreed.

Some of the critics merely wanted him to stop protesting in this manner. Others such as Trump, went beyond this and engaged in a classic reply to those who criticize America: if you do not like how things are, then leave the country.

On the one hand, it could be argued this is a reasonable response. To use an analogy, if a person does not like their marriage or neighborhood, then leaving would be a good idea. Likewise, if a person does not like their country, then they should simply depart in search of one more to their liking. This view fits with the idea that one should be for their country “wrong or right” and not be critical. True patriotism, one might say, is simply accepting one’s country as it is and not engaging in protest. It is, of course, weirdly ironic that Trump is telling Kaepernick to leave, given that Trump relentlessly spews about how awful things are in America and how it needs to be made great again. Ironically, Trump can be seen as engaging in a form of protest: he uses his office to criticize what he hates about America and rambles about what should be done to fix all these problems.

On the other hand, the criticism can be perceived as aimed at silencing criticism without considering whether the it has merit. Going back to the analogies to marriage and a neighborhood, a person who believes there are problems with either could be criticized for simply abandoning them without making any attempt to solve the issues. A true patriot, it could be argued, would no more remain silent in the face of problems with their country than a true friend would remain silent when their friend needed an intervention. This view is, of course, not original to me. Henry David Thoreau noted that “A very few—as heroes, patriots, martyrs, reformers in the great sense, and men—serve the state with their consciences also, and so necessarily resist it for the most part; and they are commonly treated as enemies by it.” I do not, of course, know what Kaepernick’s true motivations were. But his calling attention to the problems of the United States with the expressed desire to improve America can be reasonably regarded as a patriotic act. That is, after all, what a true patriot does: they do not remain silent in the face of evil and defects, they take action to make their country both good and great.

 

The venerable Wells Fargo bank made the news in 2016 for financial misdeeds on a massive scale. Employees of the company, to meet the quotas set by management, created accounts without the permission of the clients. In response over 5,300 lower level employees were fired. Initially, CEO John Stumpf and former head of retail banking Carrie Tolstedt were to keep their rather sizable compensation for leading the company to a great financial “success” based on this fraud. However, the backlash from the public and the shareholders resulted in Stumpf and Carrie losing some of their financial compensation.

As would be expected, there were no plans for criminal charges of the sort that could result in jail time. This is consistent with how most financial misdeeds by the ruling elites are handled: some fines and, at worst, some forfeiture of ill-gotten gains. While I do not generally agree with Trump, he was not wrong when he pointed out that the system is rigged in favor of the elites and against the common people. The fact that Trump is one of the elites and has used the system does not prove him wrong (that would be fallacious reasoning); rather he also serves as more evidence for the rigging. Those who loath wealthy Democrats can also include them.

It is instructive to compare the punishment for other misdeeds to those imposed on Wells Fargo. Shoplifting is usually seen as a minor crime,  but a person who shoplifts property with a combined value of less than $300 can pay a fine up to $1000 or be sentenced to up to a year in jail. Shoplifting property with a combined value over $300 is a felony and can result in a sentence between one and ten years in jail. Wells Fargo robbed people through the use of fees and other charges that arose from the creation of unauthorized accounts.

While there are differences between the direct theft of shoplifting and the indirect robbery of imposing charges on unauthorized accounts, there is little moral distinction: after all, both are means of robbing someone of their rightful property.  Because of this, there would appear to be a need to revise the penalties so that they are properly proportional.

One option is to bring the punishment for major financial misdeeds in line with the punishment for shoplifting. This would involve changing the fine for financial misdeeds from being a fraction of the profits (or damages) of the misdeeds to a multiple of the profits (perhaps three or more times greater). It could be argued that such a harsh penalty could financially ruin an elite who lacked adequate assets to pay for their misdeed; however, the exact same argument can be advanced for poor shoplifters.

Another option is to bring the punishments for shoplifting in line with those for the financial elites. This would change the fine for shoplifting from likely being more than the value of what was stolen to a fraction of what was stolen (if that). For example, if someone stole a $1,000 video card, then their punishment might be paying a $100 fine. The obvious objection to this proposal is that if shoplifters knew that their punishment would be a fraction of the value they had stolen, then this punishment would have no deterrent value. Shoplifting would be, in effect, shopping at a discount. It is thus hardly shocking that the financial elite are not deterred by the present system of punishment since they profit greatly if they do not get caught and do very well even if they are caught and “punished.”

It could be objected that the financial elite would be deterred on the grounds that they would still be better off using legal means to profit. That way they would keep 100% of their gain rather than a fraction. The easy and obvious reply is that this deterrent value is contingent on the elite believing that the legal approach would be more profitable than the illegal approach (with due consideration to the chance of getting caught and fined). Since punishment is often a fraction of the gain and the potential gain from misdeeds can be huge, this approach to punishment has far less deterrent value than a punishment in which the punished comes out at a loss rather than a gain. If a corporation could, for example, make 200% more by doing illegal things and they risk only losing a fraction of that gain, then doing illegal things is a smart move.

It is also interesting to compare the punishment for identity theft and fraud with the punishment of Wells Fargo. Conviction of identity theft can result in a sentence of one to seven years. Fraud charges also have sentences that range from one to ten years and beyond. While some do emphasize that Wells Fargo was not engaged in traditional identity theft, what they did was morally similar. As an example of traditional identity theft, a thief steals a person’s identity and gets a credit card under that name to use for their own gain. What Wells Fargo did was open accounts in people’s names without their permission so that the company could profit from this misuse of their identity. As such, the company was stealing from these people and doing the same sorts of harm inflicted by identity theft.

From a moral standpoint, those involved in these actions should face the same criminal charges and potential punishments that individuals acting on their own would face. This is morally required for consistency. Obviously enough, the laws are not consistent. We all know that the misdeeds of the elite and corporations are usually punished lightly or not at all. Nothing new, as the history of law is also the history of its unfair application. The injustice of justice, one might say.  However, this approach is problematic.

Seem from a certain moral perspective, the degree to which I am obligated to accept punishment for my misdeeds is proportional to the consistency and fairness of the system of justice. If others can walk away from the consequences of their misdeeds or enjoy light punishments for misdeeds that would result in harsh penalties for me, then I have little moral reason to willingly accept any punishments that might be inflicted on me. Naturally, the state has the power to inflict its punishments whether I accept them or not, but it seems important to a system of justice that the citizens accept the moral legitimacy of the punishment.

To use an analogy, imagine a professor who ran their class like the justice system is running. If an elite student cheated and got an initial grade of 100, they might be punished by having the grade docked to an 80 if caught. In contrast, the commoner students would fail and be sent before the academic misconduct board for such a misdeed. The commoner students who cheated would be right to rebel against this system and refuse to accept such punishments, though they did wrong, justice without consistency is but a mockery of real justice.

In light of this discussion, Wells Fargo was yet another example of the inherent injustice and inequality in the legal system. If we wish to have a just system of justice, these disparities must be addressed. These disparities also warrant moral disobedience in the face of punishment. Why should a shoplifter accept a fine that vastly exceeds what they steal when a financial elite can pay but a fraction of their theft and profit well from their misdeeds? They should not.

The war on drugs is one of the longest and least successful wars waged by the United States. The biggest problem is, as Walt Kelley said, “we have met the enemy and he is us.” Which is to say that the war on drugs is primarily a civil war and most casualties are Americans.

While some see the war on drugs as a battle of virtue against vice, most drug laws were motivated by racism. For example, San Francisco’s 1875 law against opium was based on the fear that Chinese men were luring white women into opium dens to have sex with them. This was followed by laws against cocaine (motivated largely by racism towards blacks) and then by laws against marijuana (motivated largely by biases against Mexicans). The war on drugs proper began in 1971 with Richard Nixon’s declaration and following presidents followed suit with varying degrees of enthusiasm. President Bill Clinton, eager to appear tough on crime, escalated the war in a manner that has led directly to the present problems of mass incarceration and the disproportionate incarceration of minorities. This serves as another reminder that while we should be wary of false equivalences, the elites of the Democratic party are not our friends.

Some might argue that drug laws do not specifically target minorities. After all, as one might point out, it is as illegal for a white person to use cocaine as it is for a black person. While this is a point worth considering, the application of the laws and the approach to their enforcement is strongly influenced by race. As one example, minority communities are policed more aggressively than white communitiesdespite the fact that blacks are no more likely to use drugs than whites (and whites are apparently more likely to deal drugs). This is one of the causes of the disproportionate incarceration rates. As another example, sentencing is often also disproportional, with the difference in sentences between crack and powder cocaine serving as an excellent illustration.

One counter to these assertions is to claim that minorities commit drug crimes at a higher rate than whites and thus the arrest rate correctly reflects this. The challenge is to support this claim with evidence. In some cases, the “evidence” offered is the arrest rate itself, creating a circle of reasoning: minorities have a higher arrest rate because they commit crimes at a higher rate and this is proven because minorities have a higher arrest rate. Unfortunately, for some the crime rates are a matter of ideology and hence they perceive the matter through that lens, and this makes discussing the issue challenging. While an analysis of the data provides what seems to be objective evidence of disparity, there are those who interpret the data rather differently. My own view is that the disparity does exist and is shown by the statistical data. Naturally, those who disagree might be inclined to claim that my view is due to ideology as well.

What is not in dispute is that the war on drugs has resulted in a mass incarceration thus making the United States the world leader in terms of the percentage of its population behind bars. While the left has long been concerned with the incarceration rate, conservatives also expressed some concern. What seemed to shift in was the opioid epidemic’s impact across racial and class lines. While the American middle and upper classes have used drugs throughout American history, they have not been the focus of law enforcement. This has enabled the maintenance of the illusion (or delusion) that drugs are a problem for the poor and minorities. Due to the attention paid to the opioid caused deaths, this illusion has been dispelled. As such, it is was recognized that there was a drug epidemic sweeping white America—and not just poor whites, but whites of the middle and upper classes.

Recognition of the whiter and wealthier nature of the epidemic seems to have motivated a shift in how drug use is being policed, at least for certain classes of people. This epidemic was treated by many as a health crisis and not a crime wave. Instead of focusing on arresting and incarcerating people, effort was focused on helping people overcome their addiction and mitigate the harm caused by this addiction. This is not to say that no one previously regarded the drug problem as a health issue, just that this represented a change in the mainstream view.

While this change in attitude centered on opioids has had some trickle-down effect on other drugs, this change has yet to spread broadly. There is still aggressive policing aimed at other drugs despite the fact that the logic that presents opioid addiction as a health issue also entails other forms of drug addiction are also health issues. However, there is some hope that this approach will spread to drug use in general.

There are compelling reasons to accept this shift. The first is that the approach of criminalizing drugs, whatever its intent, failed to address the problem. As such, there is a need for change and the health angle seems a sensible approach. The second is to use Mill’s principle of harm: the use of drugs hurts the drug user; thus people should have the liberty to use drugs, even though they are a poor life choice. This is consistent with treating them as a medical problem and people have the choice to accept or reject treatment.

The principle of harm does justify laws that criminalize drug related activity that harms others. Under this principle, the state has the moral right to impose on a person’s liberty to prevent harm to others. These justified impositions would include such things as making it illegal to operate a vehicle under the influence of drugs. Under this principle, the selling of drugs should be treated as the selling of any other product and regulated as such. For example, selling tainted or contaminated drugs should be punished in the same manner as the selling of tainted or contaminated food. As another example, the selling of dangerous drugs should be treated like the selling of any dangerous product (such as lead paint, rigged financial products, tobacco, and alcohol) and punished appropriately. And, of course, drug-motivated murder and theft should be treated, as always, as murder and theft. Treating drug use as a health issue is thus a better approach and is consistent with still treating some drug related activities as criminal activities.

 

Back in 2016 the Dallas police used a remotely operated robot to kill a suspect with a bomb. While this marked a new use for robots in the realm of domestic policing, the decision-making process was conventional. That is, humans decided to use the machine and then a human operator controlled it for the attack. As such the true policebot is still a thing of science fiction. That said, considering policebots provides an interesting way to discuss police profiling in a speculative setting. While it might be objected that the discussion should focus on real police profiling, there are advantages to discussing controversial matters within a speculative context. One important advantage is that such a setting can help dampen emotional responses and enable a more rational discussion. The speculative context helps make the discussion less threatening to some who might react with greater hostility to discussions focused on the actual world. Star Trek’s discussion of issues of race in the 1960s using science fiction is an excellent example of this sort of approach. Now, to the matter of policebots.

The policebots under consideration are those that would be capable of a high degree of autonomous operation. At the low end of autonomy, they could be deployed to enforce traffic laws on their own, such as tracking speeding and issuing tickets. On the higher end, they could operate autonomously to conduct arrests of suspects who might resist arrest violently. Near the highest end would be robotic police at least as capable as human beings. Beyond that would be supercops.

While there are legitimate worries that policebots could be used as unquestioning servants of the state to oppress and control elements of the population (something we will certainly see), there are also good reasons for using advanced policebots. One obvious advantage is that policebots would be more resilient and easier to repair than human officers. Policebots that are not people would also be more expendable and thus could save human lives by taking on the dangerous tasks of policing (such as engaging armed suspects). Another advantage is that robots will probably not get tired or bored, thus allowing them to patrol around the clock with maximum efficiency. Robots are also unlikely to be subject to the corrupting factors that influence humans or suffer from personal issues, such as going through a divorce. There is also the possibility that policebots could be more objective than human officers. This is, in fact, the main concern of this essay.

Like a human office, policbots would need to identify criminal behavior. In some cases, this would be easy. For example, an autonomous police drone could easily spot and ticket most speeding violations. In other cases, this would be incredibly complicated. For example, a policebot patrolling a neighborhood would need to discern between children playing at cops & robbers and people engaged in actual violence. As another example, a policebot on patrol would need to be able to sort out the difference between a couple having a public argument and an assault in progress.

In addition to sorting out criminal behavior from non-criminal behavior, policebots would also need to decide on how to focus their attention. For example, a policebot would need to determine who gets special attention in a neighborhood because they are acting suspicious or seem to be out of place. Assuming that policebots would be programed, the decision-making process would be explicitly laid out in the code. Such focusing decisions would seem to be, by definition, based in profiling and this gives rise to important moral concerns.

Profiling that is based on behavior would seem to be acceptable, provided that such behavior is clearly linked to criminal activities and not to, as an example, ethnicity. For example, it would seem perfectly reasonable to focus attention on a person who tries to stick to the shadows around houses while paying undue attention to houses that seem to be unoccupied at the time. While such a person might be a shy fellow who likes staring at unlit houses as a pastime, there is a reasonable chance he is scouting the area for a robbery. As such, the policebot would be warranted in focusing on him.

The most obviously controversial area would be using certain demographic data for profiles. Young men tend to commit more crimes than middle-aged women. On the one hand, this would seem to be relevant data for programing a policebot. On the other hand, it could be argued that this would give the policebot a gender and age bias that would be morally wrong despite being factually accurate. It becomes vastly more controversial when data about such things as ethnicity, economic class and religion are considered. If accurate and objective data links such factors to a person being more likely to engage in crime, then a rather important moral concern arises. Obviously enough, if such data were not accurate, then it should not be included.

Sorting out the accuracy of such data can be problematic and there are sometimes circular appeals. For example, the right often defends the higher arrest rate of blacks by claiming that blacks commit more crimes than whites. When it is objected that higher arrest rate could be partially due to bias in policing, the reply is often that blacks commit more crimes and the proof is that blacks are arrested more than whites. That is, the justification runs in a circle.

But suppose that objective and accurate data showed links between demographic categories and crime. In that case, leaving it out of the programing could make policebots less effective. This could have the consequence of allowing more crimes to occur. This harm would need to be weighed against the harm of having the policebots programmed to profile based on such factors. One area of concern is public perception of the policebots and their use of profiling. This could have negative consequences that could outweigh the harm of having less efficient policebots.

Another area of potential harm is that even if the policebots operated on accurate data, they would still end up arresting people disproportionally, thus potentially causing harm that would exceed the harm done by the loss of effectiveness. This also ties into higher level moral concerns about the reasons why specific groups might commit more crimes than others and these reasons often include social injustice and economic inequality. As such, even “properly” programmed policebots could be arresting the victims of social and economic crimes. This suggests an interesting idea for a science fiction story: policebots that decide to reduce crime by going after the social and economic causes of crime rather than arresting people to enforce an unjust social order.

In Philip K. Dick’s “We Can Remember It for You Wholesale” Rekal, Incorporated offers clients a virtual vacation: for a modest fee, memories of a vacation are implanted. The company also provides mementos and “evidence” of the trip. In the story (and the movie, Total Recall, based on it) things go terribly wrong.

While the technology of the story does not yet exist, a very limited form of virtual reality has  become something of a reality. Because of this, it is worth considering the matter of virtual vacations. Interestingly, philosophers have long envisioned a form of virtual reality; but they have usually presented it as a problem in epistemology (the study or theory of knowledge). This is the problem of the external world: how do I know that what I think is real is real? In the case of the virtual vacation, there is no such problem: the vacation is virtual and not real. Perhaps some philosopher will be inspired to try to solve the problem of the virtual vacation: how does one know that it is not real?

Philosophers have also considered virtual reality in the context of ethics. One of the best-known cases is Robert Nozick’s experience machine. Nozick envisioned a machine that would allow the user to have any experience they desired. Some philosophers have made use of this sort of a machine as a high-tech version of the “pig objection.” This objection, which was used by Aristotle and others, is against taking pleasure to be the highest good. The objection is often presented as a choice: you must pick between continuing your current life or living as an animal, but with the greatest pleasures of that beast guaranteed.  The objector, of course, expects that people will choose to remain people, thus showing that mere pleasure is not the highest good. In the case of the experience machine variant, the choice is between living a real life with all its troubles and a life of ultimate pleasure in the experience machine. The objector hopes, of course, that our intuitions will still favor valuing the real over the virtual.

Since the objection is generally presented as a choice of life (you either live life entirely outside the machine or entirely inside of it) it is worth considering there might be a meaningful difference if people took virtual vacations rather than living virtual lives.

On the face of it, there would seem to be no problem with virtual vacations in which a person either spends their vacation time in a virtual world or has memories implanted. People already take virtual vacations of a sort when they play immersive video games and watch movies. Before this, people took “virtual vacations” in books, plays and in their own imagination. That said, a true virtual vacation might be sufficiently different to require arguments in its favor. I now turn to these arguments.

The first reason in favor of virtual vacations is their potential affordability. If virtual vacations eventually become budget alternatives to real vacations (as in the story), they would allow people to have the experience of a high-priced vacation for a modest cost. For example, a person might take a virtual luxury cruise in a stateroom that, if real, might cost $100,000.

The second reason in support of virtual vacations is that they could be used to virtually visit places where access is limited (such as public parks that can only handle so many people), where access would be difficult (such as very remote locations), or places where access would be damaging (such as environmentally sensitive areas).

A third reason is that virtual vacations could allow people to have vacations they could not really have, such as visiting Mars, adventuring in Middle Earth, or spending a weekend as a dolphin.

A fourth reason is that virtual vacations could be much safer than real vacations: no travel accidents, no terrorist attacks, no disease, and so on for the dangers that can be encountered in the real world. Those familiar with science fiction might point to the dangers of virtual worlds, using Sword Art Online and the very lethal holodecks of Star Trek as examples. However, it would seem easy enough to make the technology so that it cannot kill people. It was always a bit unclear why the holodecks had the option of turning off the safety systems, that is like having an option for your Xbox, PlayStation or Switch to explode and kill you when you lose a game.

The fifth reason is convenience. Going on a virtual vacation would be easier than going on a real vacation. There are other reasons that could be considered, but I now turn to an objection and some concerns. The most obvious objection against virtual vacations is that they are, by definition, not real.

The idea is that the pig objection would apply not just to an entire life in a virtual world, but to a vacation. Since the virtual vacation is not real, it lacks value and hence it would be wrong for people to take them in place of real vacations. Fortunately, there is an easy reply to this objection.

The pig objection does seem to have some strength when a person is supposed to be doing significant things. For example, a person who spends a weekend in virtual reality treating virtual patients with virtual Ebola would not merit praise and would not be acting in a virtuous way. However, the point of a vacation is amusement and restoration rather than engaging in significant actions. If virtual vacations are to be criticized because they merely entertain, then the same would apply to real vacations. After all, their purpose is to entertain. This is not to say that people cannot do significant things while on vacation, but to focus on the point of a vacation as vacation. As such, the pig objection does not seem to have much bite here.

It could be objected that virtual vacations would fail to be as satisfying as actual vacations because they are not real. This is certainly an objection worth considering. If a virtual vacation fails as a vacation, then there is a practical reason not to take one. However, this is something that remains to be seen. Now, to the concerns.

One concern, which has been developed in science fiction, is that virtual vacations might prove addicting. Video games can be addicting; there are even a very few reported cases of people gaming to death. While this is a legitimate concern and there will no doubt be a Virtual Reality Addicts Anonymous in the future, this is not a special objection against virtual reality, Unless, of course, it proves to be destructively addicting on a significant scale. But even if it were addictive, it would presumably do less damage than drug or alcohol addiction. In fact, this could be another point in its favor. If people who would otherwise be addicted to drugs or alcohol self-medicated with virtual reality instead, there could be a reduction in social woes and costs arising from addiction.

A second concern is that virtual vacations would have a negative impact on real tourist economies. My home state of Maine and adopted state of Florida both have tourism-based economies and if people stopped real vacations in favor of virtual vacations, their economies would suffer. One stock reply is that when technology kills one industry, it creates a new one. In this case, the economic loss to real tourism would be offset to some degree by the economic gain in virtual tourism. States and countries could even create or license their own virtual vacation experiences. Another reply is that there will presumably still be f people who will prefer real vacations to virtual vacations. Even now people could spend their vacations playing video games; but most who have the money and time still choose to go on a real vacation.

A third concern is that having wondrous virtual vacations will increase peoples’ dissatisfaction with the tedious grind that is life for most under the cruel lash of the ruling class. An obvious reply is that most are already dissatisfied. Another reply is that this is more of an objection against capitalism than an objection against virtual vacations. In any case, amusements eventually wear thin, and most people eventually want to return to work.

Considering the above, virtual vacations seem like a good idea. That said, many disasters are later explained by saying “it seemed like a good idea at the time.”

Back in 2016, my original essay on felons and voting received an interesting comment from A.J. McDonald, Jr. He was worried about having rapists, robbers and murders voting. One initial reply is that there are many other types of felonies, most of which are non-violent. As such, any discussion of felons and voting needs to consider not just the worst felonies, but all the felonies. And, in the United States, there are many. That said, I will address the specific concern about felons convicted of rape, robbery and murder.

On the face of it, it is natural to have an immediate emotional reaction to the idea of rapists, robbers and murderers voting. After all, these are presumably very bad people and it is offensive to think of them exercising the same fundamental right as other citizens. While this reaction is natural, it is generally unwise to try to settle complex moral questions by appealing to an immediate emotional reaction. I will begin by considering arguments for disenfranchising such felons.

The most plausible argument, given my view that voting rights are foundational rights in a democratic state, is that such crimes warrant removing or at least suspending a person’s status as a citizen. After all, when a person is justly convicted of rape, murder or robbery they are justly punished by suspension of their liberty. In some cases, they are punished by death. As such, it seems reasonable to accept that if the right to liberty (and even life) can be suspended, then the right to vote can be suspended as well. I certainly see the appeal here. However, I think there is a counter to this reasoning.

Punishment by imprisonment is generally aimed at protecting the public from the criminal by removing them from society and to serve as a deterrent to others.  This could be used to justify taking away the right to vote by arguing that felons are likely to vote in ways that would harm society. The easy and obvious reply is that there is little reason to think that felons could do harm through voting. Or any more harm than non-felon voters. For felons to do real harm through voting, there would need to be harmful choices and these would need to be choices that felons would pick because they are felons and they would need to be able to win the vote.  It could be claimed that, for example, there might be a vote on reducing prison sentences and the felons would vote in their interest to the detriment of others. While this is possible, it seems unlikely that the felons would be able to win the vote on their own. If there were so many felons that they could decide elections, then society has a fundamental problem.

There is also the obvious counter that non-felons are just as likely to vote in harmful ways as well, as the history of voting shows. As such, denying felons the vote to protect the public from harm is not a reasonable justification. If there are things being voted for that could do serious harm, then the danger lies with those who got such things on the ballot and not with felons who might vote for it.

Another way to justify disenfranchisement is by making it park of the punishment, which is often justified in terms of retribution. This does have some appeal, assuming the felon wants to vote. However, most Americans do not vote, so it would not be much of a punishment for most people. There is also the question of whether the denial of the right to vote is a suitable punishment for a crime. Punishments should be relevant to the crime. While paying restitution would fit for a robbery, being denied the right to vote would not seem to fit.

Criminals are also supposed to be reformed so they can return to society (assuming the sentence is not death or life). Denying voting rights would have the opposite effect as they would be even more disconnected from society. As such, this would not justify removal of the voting rights. 

Because of these considerations, even rapists, murderers and robbers should not lose their right to vote. I do agree, as argued in my previous essay, that crimes that are effectively rejections of the criminal’s citizenship (like rebellion and treason) would warrant stripping a person of citizenship and the right to vote. Other crimes, even awful ones, would not suffice to strip away citizenship.

Another approach is to make the case that rapists, murderers and robbers are morally bad or bad decision makers and should be denied the right to vote on moral grounds. While it is true that rapists, murderers and robbers are generally very bad people, the right to vote is not grounded in being a good person (or even just not being bad) or making good (or at least not bad) decisions. While it might seem appealing to have moral and competency tests for voting, there is the obvious problem that many voters would fail such tests. There is also the practical problem of designing a fair ethics test. Such tests would, as history shows, simply be political tools for disenfranchising people.

It could be countered that the only test that would be used is the legal test of whether a person is convicted of a felony. While obviously imperfect, it could be argued that those convicted are probably guilty and probably bad people and thus should not be voting. While it is true that some innocent people will be convicted and denied the right to vote and true that many bad people will be able to avoid convictions, this is acceptable.

A reply to this is to inquire as to why such a moral standard should be used to determine the right to vote. After all, the right to vote (as I have argued before) is not predicated on moral goodness or competence. It is based on being a citizen, good or bad. As such, any crime that does not justly take away citizenship would not warrant removing the right to vote. Yes, this does entail that rapists, murderers and robbers should retain the right to vote. This might strike some as offensive or disgusting, but these people remain citizens. If this is too offensive, then such crimes would need to be recast as acts of treason that strip away citizenship. This seems excessive. And there is the fact that there are always awful people voting, they just have not been caught or got away with their awfulness or are clever and connected enough to ensure that the awful things they do are not considered felonies or even crimes. I am just as comfortable allowing a robber to vote as I am to allow Trump and Hillary to vote. After all, we know Trump is a felon and we know Hillary is Hillary.