Category Archives: Law

Ugly Truth: Most U.S. Kids Sentenced to Die In Prison Are Black

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By Liliana Segura, AlterNet
The U.S. stands alone in the world in condemning thousands of juveniles to life without parole. And race is a huge factor. Will the Supreme Court even consider it?

This is the second in a two-part series on juvenile life without parole. Read Part One here.

On Monday the U.S. Supreme Court heard two cases that could have major implications for the way juvenile offenders are treated in our criminal justice system. Sullivan v. Florida and Graham v. Florida both involve men who are serving life without the possibility of parole for crimes they were convicted of as teenagers — crimes in which no one was killed.

Joe Sullivan was only 13 years old when he was accused of sexually assaulting a 72-year-old woman in her Pensacola, Fla., home, hours after he and a group of older teenagers robbed her house. Sullivan, who reportedly suffers from mental disabilities, insisted that, while he participated in the robbery, he did not commit the rape. But his co-defendants, 15-year-old Michael Gulley and 17-year-old Nathan McCants, 17 pinned the crime on him. Both were tried as juveniles; Sullivan was tried as an adult.

Sullivan is African American, a fact that was stressed repeatedly at trial. The victim, Lena Bruner, testified that her assailant was “a colored boy” with “kinky hair” — “he was quite black, and he was small,” she said. Bruner admitted that she “did not see him full in the face,” but she remembered him saying, “If you can’t identify me, I may not have to kill you.”

According to the New York Times, “at his trial, Mr. Sullivan was made to say those words several times.” (“‘It’s been six months,’ the woman said on the witness stand. ‘It’s hard, but it does sound similar.’ “)

Sullivan had shabby representation — his lawyer didn’t bother making an opening statement and later lost his license to practice in Florida — and his one-day trial should have cast serious doubts about his guilt. “The only physical evidence was a fingerprint lifted from a plaque in the bedroom, which could have been made during the burglary,” wrote Amy Bach in Slate last week. “The clothing and other evidence have been destroyed and couldn’t be tested for DNA.” Nevertheless, he was found guilty, and at 14, Sullivan became the youngest person in the country to be sentenced to life without parole. Continue reading

PSA:: Don’t Text and Drive

AT&T has leapt into the texting-while-driving debate, launching a campaign to educate the public about the danger.
“Texting has increasingly become the way to communicate for many people, and the urge to quickly read and respond – even while driving – can be tempting,” said Chairman and CEO Randall Stephenson. “Our goal is to send a simple, yet vital, message to all wireless users: don’t text and drive.”
The campaign has a number of elements. First, like Caesar’s wife, AT&T staff are expected to be above reproach – although with nearly 290,000 employees, there’s surely a PR disaster waiting to happen.
The company is also going to label its handsets ‘don’t text and drive’, and stick the message into its catalogs, in-store signs and bills.

It plans to produce a series of public service announcements – some with high-profile spokespersons, it says proudly – and aimed at a variety of audiences including parents and teens. It will also create an online resource center for downloadable tools and tips for parents and teachers.
Presumably it will stop short of sending out text alerts on the topic.

Michigan Woman Threatened With Fines For Watching Neighbors’ Kids

This morning I awoke to a story that truly bothered me. A woman in western Michigan watches her neighbors’ children (her own children’s friends and playmates) for an hour a day before they go to school so that their parents (her own friends) can get to work on time. But apparently, Michigan state law does not allow this, and the state has decided to prosecute the woman because she doesn’t charge for her time as a day care.

My friends and I grew up under the watchful eye of our community. We had moms, dads, uncles, aunts and parents from other families all over Philly watching over and out for us as we grew up. It helped us to feel safe, and to know that if something happened, we had a place to go. To me, that’s love. That’s what community is about. This case seems to be completely contrary to the principle that “it takes a village.”

Have a read of the article below that is from WZZM, the ABC TV station in West Michigan and let us know what you think. Continue reading

GOP leaders unveil new energy bill that calls for some of everything and lots of drilling

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Republicans hosted a press conference on the west steps of the Capitol Building today to tout their new energy legislation, the “American Energy Act” [PDF]. But the 50 caucus members at the gathering were outnumbered by at least 100 protesters, who booed loudly at their calls to open up protected areas for more oil and gas drilling.

As storm clouds gathered over head and members dripped sweat in the balmy D.C. heat, GOP leadership unveiled a bill that they say represents an “all of the above” energy strategy. On the House GOP website, the legislation’s goals are summarized as “increase production, innovate clean & reliable energy, increase supply, and encourage efficiency.”

More specifically, the bill would open the Arctic National Wildlife Refuge for oil exploration and lift the moratoriums on drilling on the Outer Continental Shelf and on finalizing regulations for oil-shale development. Some of the revenue from new oil and gas leases would go to create a “Renewable and Alternative Energy Trust Fund,” with “alternative” being defined broadly enough to encompass oil shale, “clean coal,” and tar sands, in addition to the expected solar, wind, biomass, and the like.

The American Energy Act would permanently extend the production tax credits for wind, solar, and hydrogen (the House voted to extend the credits in May, but the extension got bogged down in the Senate in June). The bill would also create and extend tax incentives for fuel-efficient vehicles, homes, and businesses. It calls for a “cash prize” program to encourage the development of new energy technologies, to be awarded by the secretary of energy. This would include a $500 million prize to “the first automobile manufacturer incorporated in the United States to manufacture and sell in the United States 50,000 midsized sedan automobiles which operate on gasoline and can travel 100 miles per gallon.”
House Minority Leader John Boehner (Ohio) and the bill’s other 83 cosponsors want a vote on their legislation before the August recess. “The only thing that stands between us and this bill passing is Nancy Pelosi and the Democrat-controlled Congress,” Boehner told the crowd. “Let’s let Congress vote up or down on whether they think we ought to have more American-made energy.” Continue reading

The Truth About H.R. 875

The dilemma of how to regulate food safety in a way that prevents problems caused by industrialized agriculture but doesn’t wipe out small diversified farms is not new and is not easily solved. And as almost constant food safety problems reveals the dirty truth about the way much of our food is produced, processed, and distributed, it’s a dilemma we need to have serious discussion about.

Most consumers never thought they had to worry about peanut butter and this latest food safety scandal has captured public attention for good reason – a CEO who knowingly shipped contaminated food, a plant with holes in the roof and serious pest problems, and years of state and federal regulators failing to intervene.

It’s no surprise that Congress is under pressure to act and multiple food safety bills have been introduced.

Two of the bills are about traceability for food (S.425 and H.R. 814). These present real issues for small producers who could be forced to bear the cost of expensive tracking technology and recordkeeping.

The other bills address what FDA can do to regulate food.

A lot of attention has been focused on a bill introduced by Rep. Rosa DeLauro (H.R. 875), the Food Safety Modernization Act. And a lot of what is being said about the bill is misleading. *To read the truths about the bill Continue reading

Al Gore Back in the Senate to Discuss Climate Change


Al Gore testified in the Senate yesterday regarding the impact of climate change and why he supports Obama’s proposed plan. (If you’ve heard Gore speak, seen his movie or read the book, you’ve heard some of this before.) Or, if you want the long attention (c-)span version (full testimony), click here.

Remix:Making Art and Commerce Thrive in the Hybrid Economy by Lawrence Lessig

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Provided By: The Complete Review

In Remix Lawrence Lessig finds copyright (in the US, the focus of the book — international issues are almost entirely ignored) has gone hopelessly wrong as new technology has led to such fundamental changes that it must be entirely reconsidered. He’s particularly concerned with the ‘war’ waged against ‘the kids’, meaning the fight against (illegal) downloading and peer-to-peer (p2p) file sharing. As he notes, the crackdown on this activity has had only very limited success, and he believes the harm caused — including by forcing kids into this murky moral ground where they’re told what they’re doing is wrong, but they see everyone does it (and for the most part can’t really see much harm in it) — is considerable.
Continue reading