September 2008 Archives

Full article

DETROIT -- Kelly McMillen watched with teary-eyed pride as her son took the podium to deliver the commencement address at his recent graduation.

"When we leave here today, we take with us the dreams of tomorrow," Chris Martin, 22, told his fellow graduates, who stood tall in their blue caps and gowns. "This GED is our first step in turning things around."

The words were overwhelming for McMillen of Lake Orion, who had watched her son drop out of high school and land in the criminal justice system.

And though he will be in prison until at least 2013 for larceny, arson and criminal sexual conduct, McMillen couldn't be happier.

"I thought he was lost," she said. "Of all the places for him to find hope, it's in jail."
Full article

JACKSON, Georgia (CNN) -- The U.S. Supreme Court granted a last-minute reprieve to a Georgia man fewer than two hours before he was to be executed for the 1989 slaying of an off-duty police officer.

Troy Anthony Davis learned that his execution had been stayed when he saw it on television, he told CNN via telephone in his first interview after the stay was announced.

He said he was "thankful to God" for the news that came during an emergency session the U.S. Supreme Court convened.

Davis said "everyone should pray" for the slain officer's family.

The 39-year-old also said that he is "very grateful for everything that everyone is doing" for him and that he would "accept" whatever decision the Supreme Court rendered in the coming days about his case.
Full article below - here is a link to original

Troy Davis, who was convicted of shooting a police officer to death in the parking lot of a Burger King in Savannah, Ga., is scheduled to be executed on Tuesday.

There is some question as to his guilt (even the pope has weighed in on this case), but the odds of Mr. Davis escaping the death penalty are very slim. Putting someone to death whose guilt is uncertain is always perverted, but there’s an extra dose of perversion in this case.

The United States Supreme Court is scheduled to make a decision on whether to hear a last-ditch appeal by Mr. Davis on Sept. 29. That’s six days after the state of Georgia plans to kill him.

Mr. Davis’s lawyers have tried desperately to have the execution postponed for those few days, but so far to no avail. Georgia is among the most cold-blooded of states when it comes to dispatching prisoners into eternity.

So the lawyers are now trying to get the Supreme Court to issue a stay, or decide before Tuesday on whether it will consider the appeal.

No one anywhere would benefit from killing Mr. Davis on Tuesday, as opposed to waiting a week to see how the Supreme Court rules. So why the rush? The murder happened in 1989, and Mr. Davis has been on death row for 17 years. Six or seven more days will hardly matter.

Most of the time, the court declines to hear such cases.

If that’s the decision this time, Georgia can get on with the dirty business of taking a human life. If the court agrees to hear the appeal, it would have an opportunity to get a little closer to the truth of what actually happened on the terrible night of Aug. 19, 1989, when Officer Mark Allen MacPhail was murdered. He was shot as he went to the aid of a homeless man who was being pistol-whipped in the parking lot.

Nine witnesses testified against Mr. Davis at his trial in 1991, but seven of the nine have since changed their stories. One of the recanting witnesses, Dorothy Ferrell, said she was on parole when she testified and was afraid that she’d be sent back to prison if she didn’t agree to finger Mr. Davis.

She said in an affidavit: “I told the detective that Troy Davis was the shooter, even though the truth was that I didn’t know who shot the officer.”

Another witness, Darrell Collins, a teenager at the time of the murder, said the police had “scared” him into falsely testifying by threatening to charge him as an accessory to the crime. He said they told him that he might never get out of prison.

“I didn’t want to go to jail because I didn’t do nothing wrong,” he said.

At least three witnesses who testified against Mr. Davis (and a number of others who were not part of the trial) have since said that a man named Sylvester “Redd” Coles admitted that he was the one who had killed the officer.

Mr. Coles, who was at the scene, and who, according to authorities, later ditched a gun of the same caliber as the murder weapon, is one of the two witnesses who have not recanted.

The other is a man who initially told investigators that he could not identify the killer. Nearly two years later, at the trial, he testified that the killer was Mr. Davis.

So we have here a mess that is difficult, perhaps impossible, to sort through in a way that will yield reliable answers. (The jury also convicted Mr. Davis of a nonfatal shooting earlier that same evening on testimony that was even more dubious.)

There was no physical evidence against Mr. Davis, and the murder weapon was never found. As for the witnesses, their testimony was obviously shaky in the extreme — not the sort of evidence you want to rely upon when putting someone to death.

In March, the State Supreme Court in Georgia, in a 4-to-3 decision, denied Mr. Davis’s request for a new trial. The chief justice, Leah Ward Sears, writing for the minority, said: “In this case, nearly every witness who identified Davis as the shooter at trial has now disclaimed his or her ability to do so reliably.”

Amnesty International conducted an extensive examination of the case, documenting the many recantations, inconsistencies, contradictions and unanswered questions. Its report on the case drew widespread attention, both in the U.S. and overseas.

William Sessions, a former director of the F.B.I., has said that a closer look at the case is warranted. And Pope Benedict XVI has urged authorities in Georgia to re-sentence Mr. Davis to life in prison.

Rushing to execute Mr. Davis on Tuesday makes no sense at all.
Click here for more information

In Jewel v. NSA, EFF is suing the National Security Agency (NSA) and other government agencies on behalf of AT&T customers to stop the illegal, unconstitutional, and ongoing dragnet surveillance of their communications and communications records.

Jewel v. NSA is aimed at ending the NSA’s dragnet surveillance of millions of ordinary Americans and holding accountable the government officials who illegally authorized it. Evidence in the case includes undisputed documents provided by former AT&T telecommunications technician Mark Klein showing AT&T has routed copies of Internet traffic to a secret room in San Francisco controlled by the NSA.

That same evidence is central to Hepting v. AT&T, a class-action lawsuit filed by EFF in 2006 to stop the telecom giant’s participation in the illegal surveillance program. Earlier this year, Congress passed a law attempting to derail that case by unconstitutionally granting immunity to AT&T and other companies that took part in the dragnet. Hepting v. AT&T is now stalled in federal court while EFF argues with the government over whether the immunity is constitutional and applies in that case — litigation that is likely to continue well into 2009.

In addition to suing the government agencies involved in the domestic dragnet, the lawsuit also targets the individuals responsible for creating, authorizing, and implementing the illegal program, including President George W. Bush, Vice President Dick Cheney, Cheney's chief of staff David Addington, former Attorney General and White House Counsel Alberto Gonzales and other individuals who ordered or participated in the warrantless domestic surveillance.


Full article

Former U.S. President Jimmy Carter called today on the Georgia State Board of Pardons and Paroles to reverse its decision to deny clemency to Troy Anthony Davis, convicted for an alleged murder of a Savannah police officer in 1991. "This case illustrates the deep flaws in the application of the death penalty in this country," said former U.S. President Jimmy Carter. "Executing Troy Davis without a real examination of potentially exonerating evidence risks taking the life of an innocent man and would be a grave miscarriage of justice. The citizens of Georgia should demand the highest standards of proof when our legal system condemns on our behalf a man or woman to die."

American Drug War

| | Comments (0)
Full article

Judges around the world have long looked to the decisions of the United States Supreme Court for guidance, citing and often following them in hundreds of their own rulings since the Second World War.

But now American legal influence is waning. Even as a debate continues in the court over whether its decisions should ever cite foreign law, a diminishing number of foreign courts seem to pay attention to the writings of American justices.

“One of our great exports used to be constitutional law,” said Anne-Marie Slaughter, the dean of the Woodrow Wilson School of Public and International Affairs at Princeton. “We are losing one of the greatest bully pulpits we have ever had.”

From 1990 through 2002, for instance, the Canadian Supreme Court cited decisions of the United States Supreme Court about a dozen times a year, an analysis by The New York Times found. In the six years since, the annual citation rate has fallen by half, to about six.

Australian state supreme courts cited American decisions 208 times in 1995, according to a recent study by Russell Smyth, an Australian economist. By 2005, the number had fallen to 72.

The story is similar around the globe, legal experts say, particularly in cases involving human rights. These days, foreign courts in developed democracies often cite the rulings of the European Court of Human Rights in cases concerning equality, liberty and prohibitions against cruel treatment, said Harold Hongju Koh, the dean of the Yale Law School. In those areas, Dean Koh said, “they tend not to look to the rulings of the U.S. Supreme Court.”

The rise of new and sophisticated constitutional courts elsewhere is one reason for the Supreme Court’s fading influence, legal experts said. The new courts are, moreover, generally more liberal than the Rehnquist and Roberts courts and for that reason more inclined to cite one another.

Another reason is the diminished reputation of the United States in some parts of the world, which experts here and abroad said is in part a consequence of the Bush administration’s unpopularity around the world. Foreign courts are less apt to justify their decisions with citations to cases from a nation unpopular with their domestic audience.
Full article

Striding across a sweltering strip-mall parking lot with her clipboard in hand, Monica Bell, a community field organizer in Orlando, Fla., was looking for former convicts to add to the state’s voter rolls.

Antonious Benton, a gold-toothed 22-year-old with a silver skull-shaped belt buckle, a laconic smile and a criminal record, was the first person she approached. “I can’t vote because I got three felonies,” Mr. Benton told Ms. Bell. He had finished a six-month sentence for possession of $600 worth of crack cocaine, he said. But Ms. Bell had good news for him: The Florida Legislature and Gov. Charlie Crist, a Republican, changed the rules last year to restore the voting rights of about 112,000 former convicts.

“After you go to prison — you do your time and they still take all your rights away,” Mr. Benton said as he filled out a form to register. “You can’t get a job. You can’t vote. You can’t do nothing even 10 or 20 years later. You don’t feel like a citizen. You don’t even feel human.”

Felony disenfranchisement — often a holdover from exclusionary Jim Crow-era laws like poll taxes and ballot box literacy tests — affects about 5.3 million former and current felons in the United States, according to voting rights groups. But voter registration and advocacy groups say that recent overhauls of these Reconstruction-era laws have loosened enough in some states to make it worth the time to lobby statehouses for more liberal voting restoration processes, and to try to track down former felons in indigent neighborhoods.

Green Recovery

| | Comments (0)
Full article

The signs are clear: Our economy is in trouble. Falling home prices, foreclosures, bank failures, a weaker dollar, rising prices for gas, food, and steel, and layoffs in banking, construction, and manufacturing sectors are all indicators of serious economic strain—following a long period in which the middle class went nowhere even while the economy grew as a whole. What’s more, evidence suggests the current downturn will continue for at least another year.

At the same time, we face a growing climate crisis that will require us to rapidly invest in new energy infrastructure, cleaner sources of power, and more efficient use of electricity and fuels in order to cut global warming pollution. There is much work to be done in building smart solutions at a scale and speed that is bold enough to meet this gathering challenge.

It is time for a new vision for the economic revitalization of the nation and a restoration of American leadership in the world. We must seize this precious opportunity to mobilize the country and the international community toward a brighter, more prosperous future. At the heart of this opportunity is clean energy, remaking the vast energy systems that power the nation and the world. We must fundamentally change the way we produce and consume energy and dramatically reduce our dependence on oil. The economic opportunities provided by such a transformation are vast, not to mention the national security benefits of reducing oil dependence and the pressing need to fight global warming. The time for action is now.
Full article

The first time I was in a car crash, I was 6 or 7 years old. That's a long time ago. But there are certain things about it that I remember quite vividly.

My father was driving. The road was icy. We began to slide. This was in the days before seat belts, and cars had bench seats, upholstered but not shaped for each individual bottom. My father shot out his right arm and pressed me against the seat back to keep me from flying forward if, indeed, we were going to end up hitting something.

What was most extraordinary was how long it seemed to take. How time slowed while we slid forward and sideways, heading onto the shoulder, then past it. It seemed as if we had all the time in the world, yet there was nothing we could do to get off the ice, alter the trajectory, slow down ... nothing ... until we crashed.

As I read the economics news, I'm having that exact same sensation that we're in a slow-motion crash. Each week, sometimes daily, we slide by a new warning sign, another wreck that's already off the road. The new one is Lehman Brothers. Before that, Fannie Mae and Freddie Mac. Before that, Bear Stearns.
Full article

Violent crime in the United States fell slightly last year, reversing the upward swing of the previous two years, according to statistics released by the FBI yesterday. The bureau's Crime in the United States report showed a decline in crimes in almost every category. About 1.4 million violent crimes occurred in 2007, down 0.7 percent from 2006.
Full article

What makes people vote Republican? Why in particular do working class and rural Americans usually vote for pro-business Republicans when their economic interests would seem better served by Democratic policies? We psychologists have been examining the origins of ideology ever since Hitler sent us Germany's best psychologists, and we long ago reported that strict parenting and a variety of personal insecurities work together to turn people against liberalism, diversity, and progress. But now that we can map the brains, genes, and unconscious attitudes of conservatives, we have refined our diagnosis: conservatism is a partially heritable personality trait that predisposes some people to be cognitively inflexible, fond of hierarchy, and inordinately afraid of uncertainty, change, and death. People vote Republican because Republicans offer "moral clarity"—a simple vision of good and evil that activates deep seated fears in much of the electorate. Democrats, in contrast, appeal to reason with their long-winded explorations of policy options for a complex world.

Diagnosis is a pleasure. It is a thrill to solve a mystery from scattered clues, and it is empowering to know what makes others tick. In the psychological community, where almost all of us are politically liberal, our diagnosis of conservatism gives us the additional pleasure of shared righteous anger. We can explain how Republicans exploit frames, phrases, and fears to trick Americans into supporting policies (such as the "war on terror" and repeal of the "death tax") that damage the national interest for partisan advantage.

But with pleasure comes seduction, and with righteous pleasure comes seduction wearing a halo. Our diagnosis explains away Republican successes while convincing us and our fellow liberals that we hold the moral high ground. Our diagnosis tells us that we have nothing to learn from other ideologies, and it blinds us to what I think is one of the main reasons that so many Americans voted Republican over the last 30 years: they honestly prefer the Republican vision of a moral order to the one offered by Democrats. To see what Democrats have been missing, it helps to take off the halo, step back for a moment, and think about what morality really is.
Check out this site for daily crime news. The service allows user to subscribe to their daily email list of important crime-related stories.

http://cjj.mn-8.net/

Today's Stories
-- Boston Making "Huge Change," Stopping Plainclothed Patrols
-- The Tangled Tale Of Cindy McCain's Prescription Drug Abuse
-- Planned California Re-Entry Prison Site Faces Local Protest
-- U.S. Giving FBI Agents More Power In Investigations
-- U.S. Judge: Feds Need Probable Cause To Get Cellphone Records
-- Terrorism Much Lower Priority In Opinion Polls
-- Top NYC Police Officials Among Those With Security Cameras
-- Are America's School Rampages Acts Of Terrorism?
-- FL Sheriff Upset When Released Crack Convict Is Accused Of Rape
-- Seattle Paper On Youth Violence Plan: Good But Not Enough
-- Mexican Drug Cartels Step Up Pot Growing On U.S. Public Lands
-- Immigrants Have High Share Of MA Domestic Violence Deaths

Full article

If marijuana were legal but taxed like alcohol and tobacco, how much money could it bring in to cash-strapped state governments?

One 2006 study called cannabis the top cash crop in the nation, worth more than corn and wheat combined. It was the leading crop in 12 states, outstripping grapes in California and tobacco in North Carolina, and one of the top three in 18 others, coming in just behind apples in Washington and cotton in Georgia. So with states facing massive deficits, could reefer revenues help?

The answer is unclear, but it could be lucrative for governments, especially when combined with the savings from ending prohibition. As the U.S. marijuana market is illegal, there are no sales figures. Estimates of its size range from $10.5 billion a year to $113 billion. But three studies done by economists and policy analysts say ganja taxes could bring in anywhere from $2.4 billion to $31.1 billion in revenue, depending on how big the sales really are. About one-third of that would go to the states.

"There's not enough really good data on it, so it's probably best to look at it in ballpark figures," says Jon Gettman, a Virginia policy analyst who has worked with the National Organization for the Reform of Marijuana Laws and the Marijuana Policy Project. "But there's a consensus that there's an awful lot of marijuana out there and that it's very valuable."
Full article

By ignoring the needs of single women, Palin may have lit a fire under the country's biggest voting bloc -- one with the power to swing the election.

Sarah Palin's coming-out speech at the Republican convention was remarkable for several reasons. First, it was watched by an astounding 37 million people. That's more than the Oscars and the World Series, though still a million less than those who watched Barack Obama's historic Mile High Stadium speech.

The Palin speech was shocking for its aggressive attacks against Obama, and it was full of condescending misrepresentations of Obama and his record. Palin used a lot of what Rachel Maddow has taken to calling lies on her new MSNBC show (joining a chorus of journalists who are trying to shame the corporate media into acknowledging mendacity when they know it to be present).

But a third and perhaps the most noteworthy aspect of the Palin speech was who and what she left out of her picture of Alaskan adventure and small-town values. Palin never mentioned health care, women's economic issues like equal pay, or showed any empathy for the economic plight of millions who have done very poorly in George Bush's America -- particularly unmarried women, who, by virtue of their single status, tend to fare the worst in economic downturns.
Full article

WAXAHATCHIE, Texas (CNN) -- Julie Quiroz clutches her teddy bear crying. "Mommy," she says softly, as her mother wraps her arms around her and rubs her back. One of her brothers tries to console her. "You're going to come back," he says.

The 13-year-old Quiroz begins to walk away to catch an airplane from Mexico to the United States. Within moments, she rushes back to her mother's arms. "Mommy," she says again, tears streaming down her face.

Quiroz is one of an estimated 3 million American children who have at least one parent who entered the United States illegally, according to the Urban Institute, which researches and evaluates U.S. social and economic issues.

In Quiroz's case, she was born in Washington state, lived there her entire life and went to school there. But her mother, Ana Reyes, entered the United States illegally before Quiroz was born and U.S. immigration officials caught up with her last year on her birthday.

"I was there when they handcuffed her," Quiroz says. "I was there when they took her down." Two of her brothers, who had come with their mother to the United States when they were young children, also were taken into custody.

It was the start of a downward spiral for Quiroz. When her mother and brothers were deported, Quiroz and her 6-year-old, American-born sister had no choice but to return to Mexico City with them. Her seventh-grade year was spent in a classroom where she didn't understand the language.

"I never belonged there," she says. "I'd just come home, sit down, cry. I'd say, 'Mom, I can't do it.' ... I can't read or write Spanish." She adds, "I felt like there were no dreams for me."
Full article

Despite strong evidence to the contrary, it has become established conventional wisdom among mainstream Washington journalists that the "surge" was the singular reason for the recent decline in Iraq's violence. It's also agreed that McCain deserves great credit for pushing the "surge" idea early.

Barack Obama has been repeatedly chastised -- even badgered -- for opposing the "surge." His attempts to refocus the debate more broadly on the wisdom of invading Iraq in the first place are rudely rejected by Big Media interviewers.

The latest example came during an ABC News "This Week" interview on Sept. 7 when George Stephanopoulos demanded of Obama: "How do you escape the logic that ... John McCain was right about the surge?"

When Obama responded that he didn't understand "why people are so focused on what has happened in the last year and a half and not on the previous five," Stephanopoulos cut him off, saying "Granted, you think you made the right decision about going in, but about the surge?"

In other words, the big-name journalists don't want a discussion about the decision to illegally invade Iraq under false pretenses in 2003 (presumably because they almost all were cheering the invasion on), but instead they want the debate to center entirely on their latest false assumption, that the "surge" has virtually won the war.

In reality, the "surge" of about 30,000 additional troops sent to Iraq appears to have been only one factor and -- according to military officials interviewed for Bob Woodward's new book, The War Within -- possibly a secondary one in explaining the drop-off in the violence that had made Iraq a living hell.
Full text

Matthew Henry, programming-services manager at LeTourneau University, sat near the front of a ballroom with his arms crossed, ready to watch a multimedia preview of Blackboard Inc.'s next course-management system.

He arrived here in July for the company's annual user conference with more than a few complaints about the company. Its service is poor, he said, its behavior toward competitors is overly aggressive, and its fast growth in recent years has distracted it from supporting the product that helped make it a giant in the usually quiet world of college software.

Blackboard has become the Microsoft of higher-education technology, say many campus-technology officials, and they don't mean the comparison as a compliment. To them the company is not only big but also pushy, and many of them love to hate it.