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The battle for justice part 2: the problem with nolle prosequi

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A prosecution should not proceed if there is no reasonable prospect of a conviction being secured. This basic criterion is the cornerstone of the uniform prosecution policy adopted in Australia.

from ‘The decision to prosecute’, in ‘Statement of prosecution policy and guidelines’, Director of Public Prosecutions, South Australia, October 2014

Continuing from last post, the case against me was dropped a short while after the arraignment, but not before the police made a visit to my home, the soi-disant scene of the crime. They’d never visited my home or made any contact with me since the arrest, many months before, but it seems the arraignment had spurred them, or forced them, into action.

This was something I’ve never really got. Like many of us I’ve watched my share of crime shows and whodunits. Typically, the arrest comes as the final scene, after weeks and months of painstaking sleuthing. Yet my arrest seemed to have come at the start (though I did have to wait for a while), before any questioning. And then, after the arraignment, the police suddenly showed up at the putative crime-scene to do their sleuthing at last.

I knew what they’d come for, too. Long before, my lawyer had told me some of the details of the boy’s claim. I had apparently raped him in the toilet, after which he’d gotten away and locked himself in the bedroom. I was able to tell the lawyer that none of the bedrooms in my house were lockable, so that part of his story was demonstrably false, so at long last they’d come to check. And then, almost the next day, I was told the case was over.

I don’t remember being sent any paperwork to that effect but I suppose I must have. I was just relieved it was all over, that sanity had prevailed, etc. But this year, more than 11 years on, I came to realise, thanks to a screening process by the DCSI (the South Australian government’s Department of Communities and Social Inclusion), that it wasn’t over, and that it would never be over. This was because of the little matter of ‘Nolle Prosequi’:

The entering of a nolle prosequi by the Director of Public Prosecutions means that he is not pursuing the prosecution at this stage. Theoretically he may pursue the prosecution at a later stage, but this rarely, if ever, happens. Normally the DPP does not give a reason for such a decision, but it is usually based on a problem with the evidence he has assembled. In the course of assembling it, or after it has been assembled in a book of evidence, a problem may arise with a witness or a crucial part of it, that would make it difficult to proceed. Difficulties of this nature usually undermine the whole basis for the trial. Even if new evidence is discovered, the problems with the old evidence remain. If a nolle prosequi is entered, and then registered by the court, the accused is discharged and free to go. He or she enjoys the presumption of innocence that all accused people enjoy until they are convicted of a crime beyond all reasonable doubt. (Carole Coulter, Irish Times, April 2006)

 

Nolle prosequi... is a legal term of art and a Latin legal phrase meaning “be unwilling to pursue”, a phrase amounting to “do not prosecute”. It is a phrase used in many common law criminal prosecution contexts to describe a prosecutor’s decision to voluntarily discontinue criminal charges either before trial or before a verdict is rendered. It contrasts with an involuntary dismissal. Legal effect [in the USA]: The entry of a nolle prosequi is not an acquittal, and the principle of double jeopardy therefore does not apply. The defendant may later be re-indicted on the same charge. Effect on future employment [in the USA] Federal agencies, especially the military, view nolle prosequi as an unfavorable judgement. This has the effect of requiring a waiver submission for service, or the outright denial of employment (WIKIPEDIA).

Nolle prosequi was the ‘finding’ in my case.

As indicated in the quotes above, nolle prosequi can be interpreted as anything from ‘presumed innocent’ to ‘still pretty suss’, and it seems any department, any arm of government, is at liberty to interpret it as they wish (and given the current environment, they’re more than likely to err on the side of the child/accuser). But here’s the kicker, as the yanks say. And it’s an extremely important and fundamental kicker for my argument. Once arrested (for sexual abuse or rape, say) nolle prosequi is essentially the best any accused can hope for!! This is the dirty little secret your lawyer is most unlikely to tell you about.

Let me explain. When you go and seek legal aid to defend yourself against a false charge [please, if only for hypothetical reasons, assume the accusation is false], it means you’ve already been arrested, and the DPP has already instituted proceedings against you. And once a prosecution is instituted, your lawyer will try to get it thrown out, i.e nolle prosequi. The other alternative is acquittal – but acquittal can only come after a full criminal trial. I quoted in my last post that an arraignment is the first stage of an 11-stage criminal trial in Australia. That should give an indication of just how humungous a criminal trial actually is – involving lawyers, witnesses and experts for both sides, the presentation of different types of evidence, examinations and cross-examinations, a jury presumably, and all in all a process that will tie up a courtroom for some time, with much expenditure of money and energy. So your lawyer is actually trying her best to make sure you don’t have your day in court. So nolle prosequi is the lawyer’s victory, but if organisations like DCSI interpret nolle prosequi as ‘still pretty suss’, that means you’re stuffed – for the rest of your life! If not longer.

Now, notice the statement from the DPP at the top of this post. It sounds impressive – they won’t go ahead with a case unless they have a reasonable prospect of succeeding (and this would surely mean having sufficient, or at least some, evidence). Now, let me tell you that during the whole 13 or 14 months that my case was ongoing, I was in a state of sleepless agony, and occasional rage, with the mantra ‘no evidence, no evidence’ echoing in my head, and on the day after I heard that my case was dismissed, I took to my computer and typed a terse paragraph to the DPP (yes I’m sometimes capable of terseness), accusing them of incompetence in my case, not only for seeming to pass the buck from lawyer to lawyer, but for going against their prosecution policy as stated on their website, which I quoted back to them (the policy was, I believe, worded a little differently in 2006 from the 2014 version quoted above, and I think then it actually mentioned evidence). Not surprisingly they didn’t respond, but I met my lawyer, purely by accident, a few months later and he told me my letter had caused quite a stir – which thrilled me as throughout the case I always felt like Mr Nobody or The Invisible Man. I asked him why, with no evidence at all, the case had lasted as long as it did. His response was that I was one of the lucky ones. Many people in his experience had gone through this process and been destroyed, based on no more evidence than they had against me. No more than someone’s story.

But I’ve had another insight since taking aim at the DPP all those years ago. Yes, I still think the DPP contravened their own policy by taking on my case, but I was forgetting, in my utmost naivety, the role of the police. Yes, the DPP say they won’t prosecute a case unless they have a reasonable chance of success, but when the police arrest a person and charge him with rape, the DPP obviously don’t know a thing about it. They only find out later, from the police. In other words, the DPP has cases ‘dumped’ on it by the police, and has to make the best of them. Their ‘reasonable prospect of conviction’ is based entirely on the word of the police that they have sufficient evidence. You can see here how a world of tension and acrimony might open up between the police and the DPP.

So it looks as if my anger against the DPP might’ve been misplaced. My anger should have been directed at the police. But of course if I’d written to the police about their lack of evidence, where would it have got me?

 

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Written by stewart henderson

November 13, 2017 at 2:53 pm

Posted in argument, work

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Why science?

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why is it so?

Ever since I was a kid I was an avid reader. It was my escape from a difficult family situation and a hatred or fear of most of my teachers. I became something of a quiet rebel, rarely reading what I was supposed to read but always trying to bite off more than I could chew in terms of literature, history, and occasionally science. I did find, though, that I could chew almost anything – especially in literature and history. And I loved the taste. Science, though, was different. It certainly didn’t come naturally to me. I didn’t know any science buffs and in fact I had no mentors for any of my reading activities. We did have encyclopaedias, though, and my random reading turned up the likes of Einstein, Newton, Darwin, Pasteur and other Big Names in science. Of course I was more interested in their bios than in the nature of their exotic researches, but in my idealised view they seemed very pure in their quest for greater understanding of the material world. I sometimes wished I could be like them but mostly I just dived into ‘literature’, a more comfortable world in which ordinary lives were anatomised by high-brow authors like Austen, Eliot and James (I had a fetish for 19th century lit in my teens). I took silent pride in my critical understanding of these texts, it surely set me above my classmates, though I remember one day walking home with one of the smartest kids in my class, who regaled me with his exploration of the electronics of a transistor radio he was pulling apart at home. I remember trying to listen, half ashamed of my ignorance, half hoping to change the subject to something I could sound off about.

Later, having dropped out of my much-loathed school, I started hanging out, or trying to, with other school drop-outs in my working-class neighbourhood. I didn’t fit in with them to say the least, but the situation worsened when they began tinkering with or talking about cars, which held no interest for me. I was annoyed and impressed at how articulate they were about carbies, distributors and camshafts, and wondered if I was somehow wasting my life.

Into my twenties, living la vie boheme in punk-fashionable poverty among art students and amateur philosophers, I read and was definitely intrigued by Alan Chalmers’ unlikely best-seller What is this thing called science? It sparked a brief interest in the philosophy of science rather than science itself, but interestingly it was a novel that really set me to reading and trying to get my head around science – a big topic! – on a more or less daily basis. I was about 25 when I read Thomas Mann’s The Magic Mountain, in which Hans Castorp, a young man of about my age at the time, was sent off to an alpine sanatorium to be cured of tuberculosis. Thus began a great intellectual adventure, but it was the scientific explorations that most spoke to me. Wrapped up in his loggia, reading various scientific texts, Castorp took the reader on a wondering tour of the origin of life, and of matter itself, and it struck me that these were the key questions – if you want to understand yourself, you need to understand humanity, and if you want to understand humanity you need to understand life itself, and if you want to understand life, you need to understand the matter that life is organised from, and if you need to understand matter…

I made a decision to inform myself about science in general, via the monthly magazine, Scientific American, where I learned at least something about oncogenes, neutrinos and the coming AIDS epidemic, inter alia. I read my first wholly scientific book, Dawkins’ The Selfish Gene, and, as I was still living la vie boheme, I enjoyed the occasional lively argument with housemates or pub philosophers about the Nature of the Universe and related topics. In the years since I’ve read and half-digested books on astronomy, cosmology, palaeontology and of course the history of science in general. I’ve read The origin of species, Darwin’s Voyage of the Beagle and at least four biographies of Darwin, including the monumental biography by Adrian Desmond and James Moore. I’ve also read a biography of Alfred Russell Wallace, and more recently, Siddhartha Mukherjee’s The Gene, which traces the search for the cause of the random variation essential to the Darwin-Wallace theory. And I still read science magazines like Cosmos on a more or less daily basis.

These readings have afforded me some of the greatest pleasures of my life, which would, I suppose, be enough to justify them. But I should try to answer the why question. Why is science so thrilling? The answer, I hope, is obvious. It isn’t science that’s thrilling, it’s our world. I’m not a science geek, it doesn’t come easily to me. When, for example, a tech-head explains how an electronic circuit works, I have to watch the video many times over, look up terms, refer to related videos, etc, in order to fix it in my head, and then, like most people, I forget the vast majority of what I read, watch or listen to. But what keeps me going is a fascination for the world – and the questions raised. How did the Earth form? Where did the water come from? How is it that matter is electrical, full of charge? How did language evolve? How has our Earth’s atmosphere evolved? How are we related to bananas, fruit flies, australopithecines and bats? How does our microbiome relate to obesity? What can we expect from CRISPR/Cas9 editing technology? What’s the future for autonomous vehicles, brain-controlled drones and new-era smart phones?

This all might sound like gaga adolescent optimism, but I’m only cautiously optimistic, or maybe not optimistic at all, just fascinated about what might happen, on the upside and the downside. And I’m endlessly impressed by human ingenuity in discovering new things and using those discoveries in innovative ways. I’m also fascinated, in a less positive way, by the anti-scientific tendencies of conspiracy theorists, religionists, new-agers and those who identify with and seem trapped by ‘heavy culture’. Podcasts such as The Skeptics’ Guide to the Universe, Skeptoid and Australia’s The Skeptic Zone, as well as various science-based blogs like Why Evolution is True and Skeptical Science are fighting a seemingly never-ending fight against the misinformation churned out by passionate supporters of fixed non-evidence-based positions. But spending too much time arguing with such types does your head in, and I prefer trying to accentuate the positive than trying to eliminate the negative.

And on that positive side, exciting things are always happening, whether it’s battery technology, cancer research, exoplanetary discoveries, robotics or brain implants, more developments are occurring than any one person can keep abreast of.

So I’ll end with some positive and reassuring remarks about science. It’s not some esoteric activity to be suspicious of, but neither is it something easily definable. It’s not a search for the truth, it’s more a search for the best, most comprehensive, most consistent and productive explanation for phenomena. I don’t believe there’s such a thing as the scientific method – the methods of Einstein can’t easily be compared with those of Darwin. Methods necessarily differ with the often vast differences between the phenomena under investigation. Conspiracy theories such as the moon landings ‘hoax’ or the climate science ‘fraud’ would require that scientists and their ancillaries are incredibly disciplined, virtually robotic collaborators in sinister plots, rather than normal, questing, competitive, collaborative, inspired and inspiring individuals, struggling desperately to make sense and make breakthroughs. In the field of human health, scientists are faced with explaining the most complex organism we know of – the human body with its often perverse human mind. It’s not at all surprising that pseudo-science and quackery is so common in this field, in which everyone wants to live and thrive as long as possible. But we need to be aware that with such complexity we will encounter many false hopes and only partial solutions. The overall story, though, is positive – we’re living longer and healthier, in statistical terms, than ever before. The past, for the most part, is another country which we might like to briefly visit, but we wouldn’t want to live there. And science is largely to be thanked for that. So, why not science? The alternatives do nothing for me.

The SGU team – science nerds fighting the good fight

Written by stewart henderson

October 7, 2017 at 6:18 am

local councils, Australia Day and federal bullying

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It’s all ours boys, from sea to flamin sea. Forget those damn Yanks, our Empire’s just beginning!

Recently a local council, the Yarra City Council, which covers a large portion of the eastern and north-eastern inner suburbs of Melbourne, opted to stop holding citizenship ceremonies on Australia Day, January 26, because of local sensibilities. It has posted the details of its decision, and the reasons for it, online. I find those reasons unexceptionable, but then I’m not a nationalist, I prefer to take an internationalist, humanist view on such issues. So I’ve never celebrated Australia Day, any more than I would celebrate the national day of any other country I happened to land up in, though I relish local customs, cuisines etc.

I have of course noticed, having lived in this country for over fifty years, that Australia Day has become controversial in recent years, for good reason. I happen to be reasonably knowedgable about the date, having read a bit of Australian history and having, over many years, taught the history of that date – Cook’s mapping of Australia’s east coast, the reasons for sending out the first fleet, the arrival in Port Jackson, the planting of the flag, and Britain’s obviously questionable claim to sovereignty – to NESB students in a number of community centres – the very places, sometimes, where citizenship ceremonies were carried out.

It seems clear to me that this date for celebrating Australian nationhood, which really only started to become controversial in the eighties, will eventually be changed. Until it is, controversy will grow. The Yarra Council decision is another move in that controversy, and it won’t be the last. It would be great if this change happened sooner rather than later, to nip the acrimony in the bud, but I doubt that will happen. The Federal Government has used what powers it has to prevent Yarra Council from holding citizenship ceremonies, arguing that the council has politicised the day. However, the controversy that has grown up over the date has always been a political one. Yarra Council’s decision was political, just as was the response of the Feds. On January 26 1788 a Union Jack was raised at Sydney Harbour, and all the land extending to the north, the south, and the west – some 7,692,000 square kilometres, though its extent was completely unknown at the time – was claimed as the possession of Britain, in spite of its clearly being already inhabited. If that wasn’t a political decision, what was it?

The Assistant Minister for Immigration, Alex Hawke, has spoken for the Feds on this matter. Their argument is that citizenship itself has been politicised by Yarra Council’s decision:

“The code is there to make sure that councils don’t do these sorts of things. We don’t want citizenship ceremonies being used as a political argument for anybody’s political advancement one way or the other.

“It’s our role to uphold the code. We warned them not to do this or we would have to cancel their ability to do it, and I regret that they’ve done it.”

The code being referred to here is the Citizenship Ceremonies Code. The Yarra City Mayor, Amanda Stone, believes the council’s decision isn’t in breach of it. This may or may not be so, but this isn’t really the point. The chosen date for celebrating Australia day commemorates a highly political event, which can never be wished away. Marking this day as the most appropriate day for immigrants to become Australians valorises the date, and the event – essentially a land-grab – even more. So it seems odd, to me, that a decision not to promote this land-grab as representative of the much-touted Australian ‘fair go’, should be worthy of criticism, let alone condemnation and punishment.

Generally the Federal polllies’ response to all this has been confused and disappointing. Our PM has said this, according to the ABC:

“An attack on Australia Day is a repudiation of the values the day celebrates: freedom, a fair go, mateship and diversity”

Turnbull knows well enough, though, that the council’s decision isn’t an attack on the concept of Australia Day. It’s a recognition that the date is unacceptable to many people – precisely because that date itself repudiates the values of freedom and fair play, in a very obvious way. Turnbull isn’t stupid, he’s just doing what he’s done so many times of late, making politically expedient noises to maintain the support of his mostly more conservative colleagues.

The Labor leader Bill Shorten’s half-and-half response is also typically political. Here’s how the ABC reports it:

Opposition Leader Bill Shorten was also critical of the move.

“Reconciliation is more about changing hearts and minds than it is about moving public holidays,” Mr Shorten said.

“But, of course, if we look at national days important in the history of this country, there is March 1 1901, when the Australian parliament, the Australian nation came into being.”

In other words, ‘reconciliation is about nothing so trivial as the dates of public holidays but, hey, maybe March 1 should be our Australia Day’. Caspar Milquetoast would have been proud of that one.

We’re just at the beginning of this tussle, and the end, I think, is inevitable. Yarra Council isn’t the first to make this decision. The Fremantle Council did the same in December last year, but was bullied into backing down by the Feds. The Yarra Council seems more firm in its resolve, and obviously other councils will follow in due course. The Turnbull government will fall at the next election, and this will encourage more council action and more public debate on the issue. It’ll be interesting to observe how long it all takes…

Written by stewart henderson

August 19, 2017 at 5:51 pm

on the long hard road to femocracy

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Recently, a list of Australia’s 200 richest people was published. It’s been widely reported that of those 200, only 22 were women; just over 10% – a figure that has apparently held good for some years. But while this is a useful first indication of wealth imbalance along gender lines, it would pay to look more closely at the figures, though this is hard to do, given the secrecy surrounding the wealth of some, and the complexities surrounding and conditioning the wealth of others. Quite a few of these wealthy women appear to be heiresses or ‘sleeping partners’ (in a business sense, but who knows?) rather than active business types, and even leaving this aside, I’m pretty sure that if I could do the maths on all these fortunes, the figure for women would amount to considerably less than 10% of the whole.

These are the Australian figures. Would anybody dare to suggest that the figures for female wealth in China, say, would be any better? (information on wealth in China, like just about any other information from China, is virtually impossible to obtain). Or in Russia – currently rated (by New World Wealth) as the nation with the most unequal distribution of wealth in the world? Just as a guess, I’d expect, or at least hope, that the US and some European nations might be ahead of Australia in terms of female wealth, but if so it surely wouldn’t be by much. Ask a group of students who’s the richest man in the world and you’d get a few unsurprising answers, enthusiastically proclaimed. Ask them about the richest woman, and you’d get puzzled looks as they wonder why you asked such a question.

I’m no economist, and wealth per se isn’t an interest of mine, and I’m much more concerned to get women into leadership positions in science and politics, but clearly having 95% or more of the world’s wealth in the hands of the more fucked-up gender is a big problem, and a huge obstacle to the dethronement of patriarchy.

While I’m not pretending this might happen in the near future, it seems to me that the ultimate solution lies in women’s best weapon – collaboration, or ganging up. The pooling of resources – financial, intellectual, practical, even sexual. I’m not talking about war here, but I am talking about a struggle for power, a slow, persevering struggle built of connections and networks, transcendent of nation, culture, class and age. A struggle not against men but against patriarchy. A struggle which, with ultimate success, will leave all of us winners. You may say I’m a dreamer, but why is a world dominated by woman so absurd when a world dominated by men, the fucked-up world we have now, is apparently not?

http://www.cnbc.com/2016/09/01/russia-is-the-most-unequal-major-country-in-the-world-study.html

http://www.theherald.com.au/story/4687204/rich-list-2017-reveals-australia-has-more-billionaires-than-ever/?cs=2452

Written by stewart henderson

May 28, 2017 at 7:42 pm

the strange world of the self-described ‘open-minded’ part two

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  • That such a huge number of people could seriously believe that the Moon landings were faked by a NASA conspiracy raises interesting questions – maybe more about how people think than anything about the Moon landings themselves. But still, the most obvious question is the matter of evidence. 

Philip Plait,  from ‘Appalled at Apollo’, Chapter 17 of Bad Astronomy

the shadows of astronauts Dave Scott and Jim Irwin on the Moon during the 1971 Apollo 15 mission - with thanks to NASA, which recently made thousands of Apollo photos available to the public through Flickr

the shadows of astronauts Dave Scott and Jim Irwin on the Moon during the 1971 Apollo 15 mission – with thanks to NASA, which recently made thousands of Apollo photos available to the public through Flickr

So as I wrote in part one of this article, I remember well the day of the first Moon landing. I had just turned 13, and our school, presumably along with most others, was given a half-day off to watch it. At the time I was even more amazed that I was watching the event as it happened on TV, so I’m going to start this post by exploring how this was achieved, though I’m not sure that this was part of the conspiracy theorists’ ‘issues’ about the missions. There’s a good explanation of the 1969 telecast here, but I’ll try to put it in my own words, to get my own head around it.

I also remember being confused at the time, as I watched Armstrong making his painfully slow descent down the small ladder from the lunar module, that he was being recorded doing so, sort of side-on (don’t trust my memory!), as if someone was already there on the Moon’s surface waiting for him. I knew of course that Aldrin was accompanying him, but if Aldrin had descended first, why all this drama about ‘one small step…’? – it seemed a bit anti-climactic. What I didn’t know was that the whole thing had been painstakingly planned, and that the camera recording Armstrong was lowered mechanically, operated by Armstrong himself. Wade Schmaltz gives the low-down on Quora:

The TV camera recording Neil’s first small step was mounted in the LEM [Lunar Excursion Module, aka Lunar Module]. Neil released it from its cocoon by pulling a cable to open a trap door prior to exiting the LEM that first time down the ladder.

Neil Armstrong, touching down on the Moon -an image I'll never forget

Neil Armstrong, touching down on the Moon – an image I’ll never forget

 

the camera used to capture Neil Armstrong's descent

the camera used to capture Neil Armstrong’s descent

As for the telecast, Australia played a large role. Here my information comes from Space Exploration Stack Exchange, a Q and A site for specialists as well as amateur space flight enthusiasts.

Australia was one of three continents involved in the transmissions, but it was the most essential. Australia had two tracking stations, one near Canberra and the other at the Parkes Radio Observatory west of Sydney. The others were in the Mojave Desert, California, and in Madrid, Spain. The tracking stations in Australia had a direct line on Apollo’s signal. My source quotes directly from NASA:

The 200-foot-diameter radio dish at the Parkes facility managed to withstand freak 70 mph gusts of wind and successfully captured the footage, which was converted and relayed to Houston.

iclez

Needless to say, the depictions of Canberra and Sydney aren’t geographically accurate here!

And it really was pretty much ‘as it happened’, the delay being less than a minute. The Moon is only about a light-second away, but there were other small delays in relaying the signal to TV networks for us all to see.

So now to the missions and the hoax conspiracy. But really, I won’t be dealing with the hoax stuff directly, because frankly it’s boring. I want to write about the good stuff. Most of the following comes from the ever-more reliable Wikipedia – available to all!

The ‘space race’ between the Soviet Union and the USA can be dated quite precisely. It began in July 1956, when the USA announced plans to launch a satellite – a craft that would orbit the Earth. Two days later, the Soviet Union announced identical plans, and was able to carry them out a little over a year later. The world was stunned when Sputnik 1 was launched on October 4 1957. Only a month later, Laika the Muscovite street-dog was sent into orbit in Sputnik 2 – a certain-death mission. The USA got its first satellite, Explorer 1, into orbit at the end of January 1958, and later that year the National Aeronautics and Space Administraion (NASA) was established under Eisenhower to encourage peaceful civilian developments in space science and technology. However the Soviet Union retained the initiative, launching its Luna program in late 1958, with the specific purpose of studying the Moon. The whole program, which lasted until 1976, cost some $4.5 billion and its many failures were, unsurprisingly, shrouded in secrecy. The first three Luna rockets, intended to land, or crash, on the Moon’s surface, failed on launch, and the fourth, later known as Luna 1, was given the wrong trajectory and sailed past the Moon, becoming the first human-made satellite to take up an independent heliocentric orbit. That was in early January 1959 – so the space race, with its focus on the Moon, began much earlier than many people realise, and though so much of it was about macho one-upmanship, important technological developments resulted, and vital observations were made, including measurements of energetic particles in the outer Van Allen belt. Luna 1 was the first spaceship to achieve escape velocity, the principle barrier to landing a vessel on the Moon.

After another launch failure in June 1959, the Soviets successfully launched the rocket later known as Luna 2 in September that year. Its crash landing on the Moon was a great success, which the ‘communist’ leader Khrushchev was quick to ‘capitalise’ on during his only visit to the USA immediately after the mission. He handed Eisenhower replicas of the pennants left on the Moon by Luna 2. And there’s no doubt this was an important event, the first planned impact of a human-built craft on an extra-terrestrial object, almost 10 years before the Apollo 11 landing.

The Luna 2 success was immediately followed only a month later by the tiny probe Luna 3‘s flyby of the far side of the Moon, which provided the first-ever pictures of its more mountainous terrain. However, these two missions formed the apex of the Luna enterprise, which experienced a number of years of failure until the mid-sixties. International espionage perhaps? I note that James Bond began his activities around this time.

the Luna 3 space probe (or is it H G Wells' time machine?)

the Luna 3 space probe (or is it H G Wells’ time machine?)

The Luna Program wasn’t the only only one being financed by the Soviets at the time, and the Americans were also developing programs. Six months after Laika’s flight, the Soviets successfully launched Sputnik 3, the fourth successful satellite after Sputnik 1 & 2 and Explorer 1. The important point to be made here is that the space race, with all its ingenious technical developments, began years before the famous Vostok 1 flight that carried a human being, Yuri Gagarin, into space for the first time, so the idea that the technology wasn’t sufficiently advanced for a moon landing many years later becomes increasingly doubtful.

Of course the successful Vostok flight in April 1961 was another public relations coup for the Soviets, and it doubtless prompted Kennedy’s speech to the US Congress a month later, in which he proposed that “this nation should commit itself to achieving the goal, before this decade is out, of landing a man on the Moon and returning him safely to the Earth.”

So from here on in I’ll focus solely on the USA’s moon exploration program. It really began with the Ranger missions, which were conceived (well before Kennedy’s speech and Gagarin’s flight) in three phases or ‘blocks’, each with different objectives and with increasingly sophisticated system design. However, as with the Luna missions, these met with many failures and setbacks. Ranger 1 and Ranger 2 failed on launch in the second half of 1961, and Ranger 3, the first ‘block 2 rocket’, launched in late January 1962, missed the Moon due to various malfunctions, and became the second human craft to take up a heliocentric orbit. The plan had been to ‘rough-land’ on the Moon, emulating Luna 2 but with a more sophisticated system of retrorockets to cushion the landing somewhat. The Wikipedia article on this and other missions provides far more detail than I can provide here, but the intensive development of new flight design features, as well as the use of solar cell technology, advanced telemetry and communications systems and the like really makes clear to me that both competitors in the space race were well on their way to having the right stuff for a manned moon landing.

I haven’t even started on the Apollo missions, and I try to give myself a 1500-word or so limit on posts, so I’ll have to write a part 3! Comment excitant!

The Ranger 4 spacecraft was more or less identical in design to Ranger 3, with the same impact-limiter – made of balsa wood! – atop the lunar capsule. Ranger 4 went through preliminary testing with flying colours, the first of the Rangers to do so. However the mission itself was a disaster, as the on-board computer failed, and no useful data was returned and none of the preprogrammed actions, such as solar power deployment and high-gain antenna utilisation, took place. Ranger 4 finally impacted the far side of the Moon on 26 April 1962, becoming the first US craft to land on another celestial body. Ranger 5 was launched in October 1962 at a time when NASA was under pressure due to the many failures and technical problems, not only with the Ranger missions, but with the Mariner missions, Mariner 1 (designed for a flyby mission to Venus) having been a conspicuous disaster. Unfortunately Ranger 5 didn’t improve matters, with a series of on-board and on-ground malfunctions. The craft missed the Moon by a mere 700 kilometres. Ranger 6, launched well over a year later, was another conspicuous failure, as its sole mission was to send high-quality photos of the Moon’s surface before impact. Impact occurred, and overall the flight was the smoothest one yet, but the camera system failed completely.

There were three more Ranger missions. Ranger 7, launched in July 1964, was the first completely successful mission of the series. Its mission was the same as that of Ranger 6, but this time over 4,300 photos were transmitted during the final 17 minutes of flight. These photos were subjected to much scrutiny and discussion, in terms of the feasibility of a soft landing, and the general consensus was that some areas looked suitable, though the actual hardness of the surface couldn’t be determined for sure. Miraculously enough, Ranger 8, launched in February 1965, was also completely successful. Again its sole mission was to photograph the Moon’s surface, as NASA was beginning to ready itself for the Apollo missions. Over 7,000 good quality photos were transmitted in the final 23 minutes of flight. The overall performance of the spacecraft was hailed as ‘excellent’, and its impact crater was photographed two years later by Lunar Orbiter 4. And finally Ranger 9 made it three successes in a row, and this time the camera’s 6,000 images were broadcast live to viewers across the United States. The date was March 24, 1965. The next step would be that giant one.

A Ranger 9 image showing rilles - long narrow depressions - on the Moon's surface

A Ranger 9 image showing rilles – long narrow depressions – on the Moon’s surface

the strange world of the self-described ‘open-minded’ – part one

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my copy - a stimulating and fun read, great fodder for closed-minded types, come moi

my copy – a stimulating and fun read, great fodder for closed-minded types, comme moi

I’ve just had my first ever conversation with someone who at least appears to be sceptical of the Apollo 11 moon landing of 1969 – and, I can only suppose, the five subsequent successful moon landings. Altogether, twelve men walked on the moon between 20 July 1969 and December 10 1972, when the crew members of Apollo 17 left the moon’s surface. Or so the story goes.

This conversation began when I said that perhaps the most exciting world event I’ve experienced was that first moon landing, watching Neil Armstrong possibly muffing the lines about one small step for a man, and marvelling that it could be televised. I was asked how I knew that it really happened. How could I be so sure?

Of course I had no immediate answer. Like any normal person, I have no immediate, or easy, answer to a billion questions that might be put to me. We take most things on trust, otherwise it would be a very very painstaking existence. I didn’t mention that, only a few months before, I’d read Phil Plait’s excellent book Bad Astronomy, subtitled Misconceptions and misuses revealed, from astrology to the moon landing ‘hoax’. Plait is a professional astronomer who maintains the Bad Astronomy blog and he’s much better equipped to handle issues astronomical than I am, but I suppose I could’ve made a fair fist of countering this person’s doubts if I hadn’t been so flabbergasted. As I said, I’d never actually met someone who doubted these events before. In any case I don’t think the person was in any mood to listen to me.

Only one reason for these doubts was offered. How could the lunar module have taken off from the moon’s surface? Of course I couldn’t answer, never having been an aeronautical engineer employed by NASA, or even a lay person nerdy enough to be up on such matters, but I did say that the moon’s minimal gravity would presumably make a take-off less problematic than, say, a rocket launch from Mother Earth, and this was readily agreed to. I should also add that the difficulties, whatever they might be, of relaunching the relatively lightweight lunar modules – don’t forget there were six of them – didn’t feature in Plait’s list of problems identified by moon landing skeptics which lead them to believe that the whole Apollo adventure was a grand hoax.

So, no further evidence was proffered in support of the hoax thesis. And let’s be quite clear, the claim, or suggestion, that the six moon landings didn’t occur, must of necessity be a suggestion that there was a grand hoax, a conspiracy to defraud the general public, one involving tens of thousands of individuals, all of whom have apparently maintained this fraud over the past 50 years. A fraud perpetrated by whom, exactly?

My conversation with my adversary was cut short by a third person, thankfully, but after the third person’s departure I was asked this question, or something like it: Are you prepared to be open-minded enough to entertain the possibility that the moon landing didn’t happen, or are you completely closed-minded on the issue?

Another way of putting this would be: Why aren’t you as open-minded as I am?

So it’s this question that I need to reflect on.

I’ve been reading science magazines on an almost daily basis for the past thirty-five years. Why?

But it didn’t start with science. When I was kid, I loved to read my parents’ encyclopaedias. I would mostly read history, learning all about the English kings and queens and the battles and intrigues, etc, but basically I would stop at any article that took my fancy – Louis Pasteur, Marie Curie, Isaac Newton as well as Hitler, Ivan the Terrible and Cardinal Richelieu. Again, why? I suppose it was curiosity. I wanted to know about stuff. And I don’t think it was a desire to show off my knowledge, or not entirely. I didn’t have anyone to show off to – though I’m sure I wished that I had. In any case, this hunger to find things out, to learn about my world – it can hardly be associated with closed-mindedness.

The point is, it’s not science that’s interesting, it’s the world. And the big questions. The question – How did I come to be who and where I am?  – quickly becomes – How did life itself come to be? – and that extends out to – How did matter come to be? The big bang doesn’t seem to explain it adequately, but that doesn’t lead me to imagine that scientists are trying to trick us. I understand, from a lifetime of reading, that the big bang theory is mathematically sound and rigorous, and I also know that I’m far from alone in doubting that the big bang explains life, the universe and everything. Astrophysicists, like other scientists, are a curious and sceptical lot and no ‘ultimate explanation’ is likely to satisfy them. The excitement of science is that it always raises more questions than answers, it’s the gift that keeps on giving, and we have human ingenuity to thank for that, as we’re the creators of science, the most amazing tool we’ve ever developed.

But let me return to open-mindedness and closed-mindedness. During the conversation described above, it was suggested that the USA simply didn’t have the technology to land people on the moon in the sixties. So, ok, I forgot this one: two reasons put forward – 1, the USA didn’t have the technological nous; 2, the modules couldn’t take off from the moon (later acknowledged to be not so much of an issue). I pretty well knew this first reason to be false. Of course I’ve read, over the years, about the Apollo missions, the rivalry with the USSR, the hero-worship of Yuri Gagarin and so forth. I’ve also absorbed, in my reading, much about spaceflight and scientific and technological development over the years. Of course, I’ve forgotten most of it, and that’s normal, because that’s how our brains work – something I’ve also read a lot about! Even the most brilliant scientists are unlikely to be knowledgeable outside their own often narrow fields, because neurons that fire together wire together, and it’s really hands-on work that gets those neurons firing.

But here’s an interesting point. I have in front of me the latest issue of Cosmos magazine, issue 75. I haven’t read it yet, but I will do. On my shelves are the previous 74 issues, each of which I’ve read, from cover to cover. I’ve also read more than a hundred issues of the excellent British mag, New Scientist. The first science mag I ever read was the monthly Scientific American, which I consumed with great eagerness for several years in the eighties, and I still buy their special issues sometimes. Again, the details of most of this reading are long forgotten, though of course I learned a great deal about scientific methods and the scientific mind-set. The interesting point, though, is this. In none of these magazines, and in none of the books, blogs and podcasts I’ve consumed in about forty years of interest in matters scientific, have I ever read the claim, put forward seriously, that the moon landings were faked. Never. I’m not counting of course, books like Bad Astronomy and podcasts like the magnificent Skeptics’ Guide to the Universe, in which such claims are comprehensively debunked.

The SGU podcast - a great source for exciting science developments, criticism of science reporting, and debunking of pseudo-science

The SGU podcast – a great source for exciting science developments, criticism of science reporting, and debunking of pseudo-science

Scientists are a skeptical and largely independent lot, no doubt about it, and I’ve stated many times that scepticism and curiosity are the twin pillars of all scientific enquiry. So the idea that scientists could be persuaded, or cowed into participating in a conspiracy (at whose instigation?) to hoodwink the public about these landings is – well let’s just call it mildly implausible.

But of course, it could explain the US government’s massive deficit. That’s it! All those billions spent on hush money to astronauts, engineers, technicians (or were they all just actors?), not to mention nosey reporters, science writers and assorted geeks – thank god fatty Frump is here to make America great again and lift the lid on this sordid scenario, like the great crusader against fake news that he is.

But for now let’s leave the conspiracy aspect of this matter aside, and return to the question of whether these moon landings could ever have occurred in the late sixties and early seventies. I have to say, when it was put to me, during this conversation, that the technology of the time wasn’t up to putting people on the moon, my immediate mental response was to turn this statement into a question. Was the technology of the time up to it? And this question then turns into a research project. In other words, let’s find out, let’s do the research. Yay! That way, we’ll learn lots of interesting things about aeronautics and rocket fuel and gravitational constraints and astronaut training etc, etc – only to forget most of it after a few years. Yet, with all due respect, I’m quite sure my ‘adversary’ in this matter would never consider engaging in such a research project. She would prefer to remain ‘open-minded’. And if you believe that the whole Apollo project was faked, why not believe that all that’s been written about it before and since has been faked too? Why believe that the Russians managed to get an astronaut into orbit in the early sixties? Why believe that the whole Sputnik enterprise was anything but complete fakery? Why believe anything that any scientist ever says? Such radical ‘skepticism’ eliminates the need to do any research on anything.

But I’m not so open-minded as that, so in my dogmatic and doctrinaire fashion I will do some – very limited – research on that very exciting early period in the history of space exploration. I’ll report on it next time.

Written by stewart henderson

February 25, 2017 at 12:34 pm

a brief and fairly obvious point

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trump-angry-1024x682

Someone has pointed out that Frump is a bully and a thug. That person witnessed his bullying via the television, as did, presumably, millions of others. The bully, on being named, proceeded to ridicule the person making the point. The invalidity of such a response, a response which has a well-known designation, ad hominem, was shown some 2,500 years ago. It is equally invalid today of course. This invalidity applies equally to all those who say that actors, musicians etc should not be listened to on matters political, or indeed any other matter. A person’s claim must be based on its truth value, not on the person’s profession or supposed expertise.
So it’s of absolutely no relevance whatever whether Frump’s bullying and thuggery is highlighted by an under-rated actor, an over-rated actor, a journalist, an academic or a drunken person in a pub. The only relevant question is whether the claim is true. And it’s a very easy question to answer in this instance ,as the evidence is bigger than your average blue whale.

http://www.nytimes.com/2016/11/16/opinion/bullying-in-the-age-of-trump.html

http://www.vox.com/identities/2016/10/20/13319366/donald-trump-racism-bigotry-children-bullying-muslim-mexican-black-immigrant

http://theconversation.com/why-the-trump-effect-could-increase-bullying-67831

https://nobullying.com/trump-bully/

http://nymag.com/scienceofus/2015/09/bullying-researcher-explains-donald-trump.html

http://www.huffingtonpost.com/frank-islam/donald-trump-baby-bully-and_b_11615520.html

http://www.diversityinc.com/news/trumps-record-of-hate-to-date/

https://www.washingtonpost.com/politics/2016/live-updates/general-election/real-time-fact-checking-and-analysis-of-the-2nd-2016-presidential-debate/is-trumps-rhetoric-leading-to-an-increase-in-bullying/?utm_term=.d1fc21a763bf

http://www.medialaw.org/index.php?option=com_k2&view=item&id=3470

http://www.nationalreview.com/article/430628/donald-trump-business-record-bully

etc, etc

Written by stewart henderson

January 10, 2017 at 1:58 pm