April 18, 2018

Archives for April 12, 2018

The Fatal Flaw

Several years ago I wrote a screenplay that did okay in a contest. I made a couple trips to Burbank to pitch it, got no sustained interest, and gave up on it. Recently, someone who actually knows what he’s doing encouraged me to revise and re-enter it. Among other things, he introduced me to Inside Story: The Power of the Transformational Arc, by Dara Marks (2007). The book describes what the author calls “the essential story element” — which, it turns out, is remarkably apt not just for film but for life in general, and particularly for talking about economics, technology, and the workplace.

No kidding.

What is it?

The Fatal Flaw.

This is from the book:

First, it’s important to recap or highlight the fundamental premise on which the fatal flaw is based:

  • Because change is essential for growth, it is a mandatory requirement for life.
  • If something isn’t growing and developing, it can only be headed toward decay and death.
  • There is no condition of stasis in nature. Nothing reaches a permanent position where neither growth nor diminishment is in play.

As essential as change is, most of us resist it, and cling rigidly to old survival systems because they are familiar and “seem” safer. In reality, if an old, obsolete survival system makes us feel alone, isolated, fearful, uninspired, unappreciated, and unloved, we will reason that it’s easier to cope with what we know that with what we haven’t yet experienced. As a result, most of us will fight to sustain destructive relationships, unchallenging jobs, unproductive work, harmful addictions, unhealthy environments, and immature behavior long after there is any sign of life or value to them.

This unyielding commitment to old, exhausted survival systems that have outlived their usefulness, and resistance to the rejuvenating energy of new, evolving levels of existence and consciousness is what I refer to as the fatal flaw of character:

The Fatal Flaw is a struggle within a character
to maintain a survival system
long after it has outlived its usefulness.

As it is with screenwriting, so it is with us as we’re reckoning with the wreckage of today’s collision among economics, technology, and the workplace. We’re like the character who must change or die to make the story work: our economic survival is at risk, and failure to adapt is fatal. Faced with that prospect, we can change our worldview, or we can wish we had. Trouble is, our struggle to embrace a new paradigm is as perilous as holding to an old one.

What’s more, we will also need to reckon with two peculiar dynamics of our time: “echo chambers” and “epistemic bubbles.” The following is from an Aeon Magazine article published earlier this week entitled “Escape The Echo Chamber”:

Something has gone wrong with the flow of information. It’s not just that different people are drawing subtly different conclusions from the same evidence. It seems like different intellectual communities no longer share basic foundational beliefs. Maybe nobody cares about the truth anymore, as some have started to worry. Maybe political allegiance has replaced basic reasoning skills. Maybe we’ve all become trapped in echo chambers of our own making – wrapping ourselves in an intellectually impenetrable layer of likeminded friends and web pages and social media feeds.

But there are two very different phenomena at play here, each of which subvert the flow of information in very distinct ways. Let’s call them echo chambers and epistemic bubbles. Both are social structures that systematically exclude sources of information. Both exaggerate their members’ confidence in their beliefs. But they work in entirely different ways, and they require very different modes of intervention. An epistemic bubble is when you don’t hear people from the other side. An echo chamber is what happens when you don’t trust people from the other side.

An echo chamber doesn’t destroy their members’ interest in the truth; it merely manipulates whom they trust and changes whom they accept as trustworthy sources and institutions.

Here’s a basic check: does a community’s belief system actively undermine the trustworthiness of any outsiders who don’t subscribe to its central dogmas? Then it’s probably an echo chamber.

That’s what we’re up against. We’ll plow fearlessly ahead next time.

 

Kevin Rhodes writes about individual growth and cultural change, drawing on insights from science, technology, disruptive innovation, entrepreneurship, neuroscience, psychology, and personal experience, including his own unique journey to wellness — dealing with primary progressive MS through an aggressive regime of exercise, diet, and mental conditioning.

Check out Kevin’s latest LinkedIn Pulse article: When We Move, We Can Achieve the Impossible.”

Colorado Court of Appeals: Defendant’s Exculpatory Statement to Police Admissible Under Rule of Completeness is Not Subject to Impeachment

The Colorado Court of Appeals issued its opinion in People v. Short on Thursday, April 5, 2018.

Sexual Assault on Child—Testimony—Credibility—Rule of Completeness—Exculpatory Statement—Hearsay Exceptions—Sentence.

A jury found Short guilty of sexual assault on a child and sexual assault on a child as a pattern of abuse.

On appeal, Short contended that the testimony of three witnesses improperly bolstered the victim’s credibility. Short did not object to any of this testimony. It was not improper for the therapist to testify as an expert as to the typical demeanor and behavioral traits displayed by a sexually abused child. It was also not improper for the detective to testify concerning his observations about child victim disclosures; he rendered no opinion about whether a child’s difficulty in disclosing something made it more or less likely that he or she was telling the truth. Finally, although the grandmother’s testimony that the victim “normally would not lie about something like that” was improper, it did not warrant reversal.

Short also argued that the trial court erroneously compelled him to forgo admitting an exculpatory part of a statement he gave to the police by telling him that, if that part of the statement was admitted, the prosecution would be permitted to expose the jury to the fact that he had previously been convicted of a felony. The trial court properly determined that Short’s otherwise inadmissible self-serving hearsay was admissible under the rule of completeness to qualify, explain, or place into context the evidence proffered by the prosecution. However, a defendant’s exculpatory statement to the police admissible under the rule of completeness is not subject to impeachment under CRE 806. Although the trial court erred, the error was harmless.

Short also contended and the People conceded that only one judgment of conviction and sentence should have been imposed in this case. The trial court incorrectly entered separate convictions for sexual assault on a child and sexual assault on a child as a pattern of abuse. The pattern of abuse count acts only as a sentence enhancer.

The judgment was affirmed in part and vacated in part, and the case was remanded with directions.

Summary provided courtesy of Colorado Lawyer.

Colorado Court of Appeals: Prosecutor Committed Misconduct by Repeatedly Referencing Other Bad Acts Not Properly Admitted at Trial

The Colorado Court of Appeals issued its opinion in People v. Fortson on Thursday, April 5, 2018.

Sexual Assault on a Child—Prosecutorial Misconduct—Character Evidence—Other Acts Evidence.

A jury found Fortson guilty of one count of sexual assault on a child and one count of sexual assault on a child as a part of a pattern of abuse.

On appeal, Fortson contended that the prosecutor improperly referenced and elicited evidence of other acts of sexual assault and sexual misconduct for propensity purposes and that she did so without first seeking to admit the evidence, presenting an offer of proof, or obtaining a ruling. The prosecutor committed misconduct when she repeatedly introduced, referenced, and argued to the jury that defendant previously committed uncharged sexual assaults against four other girls and the victim. The prosecutor did not seek the admission of the alleged uncharged sexual assaults for a proper purpose and improperly used this evidence for propensity purposes. The prosecutor’s pervasive misconduct undermined the fundamental fairness of the trial and cast serious doubt on the reliability of the judgment.

The judgments of conviction were reversed and the case was remanded.

Summary provided courtesy of Colorado Lawyer.

Tenth Circuit: Unpublished Opinions, 4/11/2018

On Wednesday, April 11, 2018, the Tenth Circuit Court of Appeals issued one published opinion and six unpublished opinions.

Khan v. United States

Beals v. Jay

Tatten v. City & County of Denver

United States v. Ward

Brooks v. Colorado Department of Corrections

United States v. Brown

Case summaries are not provided for unpublished opinions. However, some published opinions are summarized and provided by Legal Connection.