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Judicial Literacy


by turfgrrl


March 6th, 2007 · 18 Comments

Many pixels have been spilled over the declining literacy of students. According a Pew-funded study:

• More than 75 percent of students at 2-year colleges and more than 50 percent of students at 4-year colleges do not score at the proficient level of literacy. This means that they lack the skills to perform complex literacy tasks, such as comparing credit card offers with different interest rates or summarizing the arguments of newspaper editorials.
• Students in 2- and 4-year colleges have the greatest difficulty with quantitative literacy: approximately 30 percent of students in 2-year institutions and nearly 20 percent of students in 4-year institutions have only Basic quantitative literacy. Basic skills are those necessary to compare ticket prices or calculate the cost of a sandwich and a salad from a menu.

• Twenty percent of U.S. college students completing 4-year degrees – and 30 percent of students earning 2-year degrees – have only basic quantitative literacy skills, meaning they are unable to estimate if their car has enough gasoline to get to the next gas station or calculate the total cost of ordering office supplies.

But failings in literacy are not limited to students. It turns out that basic literacy has a direct correlation to computer literacy.  After all, we’ve all seen examples where someone’s inability to follow on screen  instructions resulted in bad things happening. Not to mention that sometimes those instructions are incomprehensible to being with. Which brings us to the continuing saga of Julie Amero, the substitute teacher awaiting sentencing following her conviction for exposing students to porn.

The Courant is reporting that 28 Computer Science professors have signed a letter requesting that an independent investigation take place. Why has it come to this?

Our judicial system is not geared towards computer literacy. Although people may work on computers daily, the expertise or literacy of the operation of a computer is not something that is required before someone starts tapping on the keyboard. Despite nearly two decades of a shift into the Information economy, the laws that govern computer use and data are woefully inadequate to non existent.

Something as simple as the theft of a laptop is beyond the capabilities of law enforcement. Our case law is based on the concept of physical possession. Much of what transpires in criminal activity does not rely on possession but replication. The laws and literacy of the law enforcement branch are in new territory. What is the value of a stolen laptop? The cost of the laptop? The depreciated value? The data on it? The software applications on it?

In the Amero case, the testimony of the computer expert for the defense was not allowed to testify due to a procedural technicality. Yet the case was allowed to proceed. The prosecutor and the judge allowed the case to continue despite their lack of computer literacy.

They did not questions  why, in 2004, a computer was in a classroom, connected to the Internet without any filters or protective software that would have prevented even the most ardent consumer of pornography from successfully accessing it. Instead they allowed the blame to fall to the individual in possession of the operation of that computer. Had either the prosecutor, the police department or the judge have any computer literacy, they would have known that computers are vulnerable to many kinds of manipulation without interference from any human operator. But these questions were never considered.
As long as the legislative, judicial and law enforcement branches of government fail to develop computer literacy, more miscarriages of justice will happen.

Source: Hartford Courant, Computer profs urge independent investigator in teacher porn case, March 6, 2007 , Associated Press

Tags: In the News · current affairs

18 Responses so far “Judicial Literacy”



  • 1 P Henry // Mar 7, 2007 at 6:20 am

    The solution to the literacy problem in colleges is easy, shut down some colleges. While having enough colleges and colleges of sufficient range in entrance criteria to allow virually anyone to go to college is great, it is not always a good thing.

    Clearly if someone is not scoring well on a literacy test it has to be questioned if they belong college and if the college itself needs to exist.

    I know this sounds elitist, but not everyone needs to go to college. And for many it’s not even the financially sound course of action. Case in point my plumber’s bill.

    We have a lot of colleges in this country, I even came across a college for people afflicted with ADHD and ADD in Vermont. Kinda makes me wonder how long the classes were.

  • 2 turfgrrl // Mar 7, 2007 at 9:05 am

    You raise good points. Part of the problem is the myth that people need a college education to succeed in life. That myth gets enforced in our public school system. Gone are the days where the local business community and the schools partnered together to form vocational curriculum tracks that offered alternatives to students.

    All those years of budget cuts to the arts, music, commercial arts and engineering programs in high schools haven’t helped. In the tech world at least, there’s some vestige of vocational aptitude being held to a higher esteem than other industries. The open source software movement is a prime example.

    That’s no so in the trades. For too long society has hammered home the idea that unions, and by their extensions, guilds and apprenticeships are bad. That cheaper labor was good because it brought cheaper goods. That message is in direct conflict with the actual need for a high quality labor.

  • 3 P Henry // Mar 7, 2007 at 11:28 am

    A great book on this subject is “The Millionaire Next Door”. While education does lead to higher standard of living, usually. It is not the only path to wealth.

  • 4 anonymous // Mar 7, 2007 at 12:16 pm

    It’s not just undergrad, grad school is largely a diploma mill for most professional applied uses.

  • 5 turfgrrl // Mar 7, 2007 at 1:00 pm

    P Henry, great book. Along the same line although in an entirely different direction, The Rise of The Creative Class, by Richard Florida, but better yet, he’s got a website devoted to the subject, creativeclass.org. I think appropriately this link here, Do Schools Kill Creativity? might be of interest following this thread.
  • 6 save it // Mar 8, 2007 at 7:22 am

    Most of the comments sound like they come from “fogies” who have already worked their way up to some semi-professional position and started in an era when there were entry level jobs with a decent wage and benefits.

    What I’d like to hear is what it’s like for 20-somethings right now. Where are the jobs? Maybe all the 2, 4 and even graduate degree work is more of a “holding tank” in a market that no longer has entry level “apprentice” jobs. Even the trades — who’s goign to hire an apprentice at the wage that a Norwalk or Westport HS grad expects when he/she can hire a SA immigrant (who is happy to get the work, does a good job, etc.) at a fraction of the cost and no benefits.

    Keep them in college — and it would be great if they were actually learning something. But let’s give up on the illusion that there are starter jobs in CT for our kids.

  • 7 turfgrrl // Mar 8, 2007 at 7:31 am

    save it: There are plenty of starter jobs in Connecticut, in fact that is the meager job growth Connecticut is seeing. The thing is, no one can afford to live here at the starter job prevailing wage. But that’s another issue.
  • 8 save it // Mar 8, 2007 at 10:21 am

    Starter jobs that don’t pay enough to live here are more dead-end than starter…the real challenge is to fix that ever-widening wealth gap that seems to be defining this area as well as the rest of the country.

  • 9 turfgrrl // Mar 8, 2007 at 10:42 am

    save it: I don’t think you could classify nursing, graphic design, software programming, service managerial, and retail sales jobs as dead end. That’s a rather narrow view of the economy. You can thank the decline of unions functioning as a check and balance against executive management as the greatest contributor to the widening wealth gap. For every part time employee at Home Depot without health insurance struggling at low hourly wages, you had board of directors showing millions on a CEO who couldn’t even guide the corporation to sales growth, profits and stock share growth.

    Compare this glowing report on Home Depot in 2006 < ahref="http://www.businessweek.com/magazine/content/06_10/b3974001.htm">here with this one in 2007 here. I’m not picking on Home Depot, this story is repeated endlessly in Corporate America. There is no protection for workers in any of these companies unless you are at a director level or above.

  • 10 Anon // Mar 8, 2007 at 1:55 pm

    Thank you for the links mentioned in #5. Terrific! Multiple intelligence is our future.

  • 11 save it // Mar 8, 2007 at 4:58 pm

    You mention nursing, graphic design, software programming, service managerial, and retail sales jobs as good “starter jobs”. But everyone I know in those professions got “started” after college (2 year or 4 year), tech school, or soem other type of specialized education. I’m working wtih a major retailer right now and most of the people in the stores — those focused on a career not just part-timers collecting a paycheck — have college degrees. I thought your point was that there was no need for a college degree to get a good “starter” job. I don’t see it…not in the fields you mention and not in any job that has a future.

  • 12 turfgrrl // Mar 8, 2007 at 5:12 pm

    Save It: Nursing was a poor choice on my part, since that job has become heavily regulated and now requires years of education despite no clear analysis of whether it was truly needed. But the others, really don’t require any technical or post high school education. In the technical fields, for example, anything learned in a 4 year technical program is essentially useless. The technology in the field is reinvented, yearly.

    The tools used to create this web site last year are obsolete this year. And as for retail merchandising, there is nothing a college course can add to the education one can get in middle school from joining a Junior Achievement program. It may sound fancier, seem more complicated but humans have been buying and selling stuff to each other for thousands of years without a formal education.

    Learning, btw, is not limited to a formalized classroom. That’s what makes the myth of a college education so tragic. Society has accepted that the only way to learn, or the only accepted way to learn, is to take a class and get some official sanction for it.

  • 13 save it // Mar 8, 2007 at 6:27 pm

    I’ll still defend formal higher eduction — not for the technical skills and the knowledge (becuase you can get that anywhere.) But for the simple fact that college is the first place you’re allowed to think and put all the pieces together. That is very, very important even if you never use it in a job or to make money. “Thinking” doesn’t really happen in high school — especialy in high schools that are teaching to the test. You learn how to learn — not get stuck in facts and figures. Unless you’re really, really lucky and get an inpsireed (and inspiring) teacher in HS, most people NEED a few extra years of perspective before they are ready for the world - no matter what job you do. It certaihnly helped everyone I know grow up and mellow out.

  • 14 turfgrrl // Mar 8, 2007 at 6:37 pm

    save it: I’d disagree. There are plenty of high schools out there that encourage thinking, and that’s the right place for it. Actually, I’d say you once you get to the 4th grade, you should be able to think critically. I said this in another post, so this is a rehash of it: Richard Feynman summed it up best when he spoke of the only thing a student really needs to know is to ask the question why?. He said it more eloquently than I just did, but the gist of it is what it is.
  • 15 save it // Mar 8, 2007 at 7:15 pm

    Neuroscience questions whether “putting it all together” thinking can happen in high school or 4th grade. I’m no expert, but what little I do know seems to indicate that the pre-adolescent and adolescent brain is just not developed enough. Maybe they can ask “why” but the ability to process the answers is limited. I’m sure there are studoies that show this. And I’m sure there are other studies that disprove it. So there you go. Another argument for higher education: the ability to read, process, and think for yourself.

  • 16 Anonymous // Mar 8, 2007 at 8:06 pm

    Aw, you guys…I’m getting so much smrter just reading you!

    Actually, I love this site.

    I think the nuts and bolts behind your discussion lies with Piaget and his stages of cognitive development. Here, thinking is categorized into neat little windows:

    Sensorimotor stage (Infancy). In this period (which has 6 stages), intelligence is demonstrated through motor activity without the use of symbols. Knowledge of the world is limited (but developing) because its based on physical interactions / experiences. Children acquire object permanence at about 7 months of age (memory). Physical development (mobility) allows the child to begin developing new intellectual abilities. Some symbollic (language) abilities are developed at the end of this stage.
    Pre-operational stage (Toddler and Early Childhood). In this period (which has two substages), intelligence is demonstrated through the use of symbols, language use matures, and memory and imagination are developed, but thinking is done in a nonlogical, nonreversable manner. Egocentric thinking predominates
    Concrete operational stage (Elementary and early adolescence). In this stage (characterized by 7 types of conservation: number, length, liquid, mass, weight, area, volume), intelligence is demonstarted through logical and systematic manipulation of symbols related to concrete objects. Operational thinking develops (mental actions that are reversible). Egocentric thought diminishes.
    Formal operational stage (Adolescence and adulthood). In this stage, intelligence is demonstrated through the logical use of symbols related to abstract concepts. Early in the period there is a return to egocentric thought. Only 35% of high school graduates in industrialized countries obtain formal operations; many people do not think formally during adulthood.

    Many self-paced learning approaches are modeled after Piaget and his stages of cognitive development.

  • 17 save it // Mar 9, 2007 at 7:19 am

    Wow…talk about getting smarter. Thanks for the clarification.

  • 18 turfgrrl // Mar 9, 2007 at 7:34 am

    anonymous 16: Piaget’s studies were always fascinating to me. Thanks for posting the references.