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WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM. Winner of the prestigious Cushing Left Anterior Descending Artery Award.

Monday, January 10, 2022

PRISONER'S DILEMMA 2.0

 We won ALL of our bets yesterday that we publicly posted publicly Raiders +2.5; Steeler/Ravens Under 42.5; Jets +16.5; and  Jags +15.5. No other tout publicly post their picks and has the record we have. We don't just have a talent for trying cases. 

We also WON our FF championship game, 155-108 against De La Fins. It was a little skill and a lot of luck and we will take being lucky over being good any day of the week. It's why we play the lottery.  We are the first TWO TIME REGJB FF LEAGUE CHAMPION. That and eleven bucks gets us a Latte and a muffin at Starbucks. 

If you stayed up and watched the last game of the 2021 regular season you saw Game Theory and Prisoner's Dilemma at work. The game went to overtime naturally. In OT both teams scored a FG, and with less than two minutes less, with the game tied, the Raiders had the ball at midfield. If the game ends in a tie, BOTH the Raiders and the Chargers make the playoffs. But neither team could communicate their intentions. The best result was a cooperative strategy, but neither team could afford to cooperate for the tie, because if the other team did not cooperate, the cooperative team would lose. 

We (as criminal defense attorneys, not us personally) face this situation all the time in co-defendant cases. If both clients remain silent and proceed to trial they can often do better than if both plead guilty. But with the advent and imposition of minimum mandatory penalties in state court, and the general trial tax in federal court, the prosecutors and judges have managed to tilt the playing field, jeopardizing the Sixth Amendment right to trial, and rewarding the first in the door to surrender.

There are mathematical solutions to this formula. However, while they apply in investment and business decisions, it is harder to apply them to individual cases and clients where individual lives are at stake. 

For now, if you listened to our tried and true advice and avoided setting cases for trial in the first two weeks of January- made easier by the Omicron unofficial ban (it has to be unofficial because the Florida Supreme Court, locked behind large wooden and hermetically sealed doors in Tallahassee cannot understand why fifty or sixty people would have an issue showing up in a small and windowless room for a jury selection)- then you are set up to try a whole bunch of cases between February (when Omicron hopefully has burned itself out) and the Memorial Day -July Fourth start of summer vacations. 

Until then, stay safe, wear your mask, and bet as much as you can afford on our playoff picks. We are on a roll.  

8 comments:

Anonymous said...

I disagree the teams did not communicate their intentions. The Chargers communicated hostile intent by taking a time out. The TO signalled to the Raiders that the Chargers were hoping to make the Raiders kick the FG and if they missed the Chargers would try to win the game. Raiders were going to take a knee and run out the clock, but Chargers wouldn't let them. Dumb dumb dumb. Chargers coach should have been fired before Flores.

Anonymous said...

Congrats on your football picks. I followed them and made me some $$$. You went 3-1 not 4-0 though as Jets lost by 17 unfortunately. Keep those picks coming.

Btw. On the Raiders v Chargers potential tie, although nobody will ever say for sure, it sure looked like Raiders were prepared to let the clock run out and take the tie, right up until the Chargers coach called a TO with 38 seconds left. Then the Raiders made the first down and got close enough to kick the winning FG. I guess someone didn’t get the wink wink message to the Chargers coach.

Anonymous said...

Was your FF league eight teams or something?

Anonymous said...

Maybe it's just me, but shouldnt scotus invalidate the mandates on the ground that they were issued to protect us from a virus that ***no longer exists in any meaningful sense***?

By this, of course, I refer to the fact that omicron is so different from delta you might as well call it an entirely different disease.

1. Omicron is substantially more infectious. That we know for sure.

2. In contrast to delta, vaccination really does much much worse in preventing transmission.

3. We have no idea how deadly omicron is.

***

There literally exists the scientific possibility that omicron is **less deadly than the flu** and we should pretend that these mandates had something to do with omicron?

They have nothing to do with omicron. Nothing. There has been no calculation by the agency that the mandates are necessary **for omicron.** why are we pretending these mandates are still good?


Omg people

Rumpole said...

21 teams. Three divisions.

Anonymous said...

https://www.google.com/amp/s/www.wsj.com/amp/articles/now-she-tells-us-11641843802

I wish they wouldn't print this stuff my property values are going to drop in miami!

Anonymous said...

@625:

You are confusing law and policy. Vaccine mandates are good law - full stop. They have been good law in this country for well over 100 years. Whether this particular vaccine mandate is good policy is an entirely different question. "Omg"

Anonymous said...

357

I am not confusing law and policy. Allow me to explain why your overy simplistic statement--vaccine mandates are "good law"--is entirely unresponsive to my actual point.

I'm not arguing Congress lacks the authority to pass a statute requiring people to take covid vaccines to work in certain businesses. But in case you missed it, ***Congress has not passed any law requiring covid vaccines be taken by anyone.*** That would be for the obvious reason that the dems dont have the votes to pass such a law.

Instead, various federal agencies have issued regulations requiring vaccines be taken in certain contexts (2 of the regs will be reviewed by scotus). The issuance of regulations by federal agencies is constrained by an actual law passed by Congress, the administrative procedures act. That law requires agency action to be crafted in a certain way. Agency action that is arbitrary and capricious will be struck down by federal courts under the APA.

My point is that the vaccine mandates are now arbitrary and capricious because they were passed to address a virus (delta) which no longer exists. Omicron literally could be less deadly than the flu, and no agency would have passed the mandates for a highly transmissible flu.

Do you see what I was saying now?