Showing posts with label capital punishment. Show all posts
Showing posts with label capital punishment. Show all posts

Friday, May 15, 2015

Land of the free? The US has a prison problem

Although, it was good to read this article that US has started to look into reforming its prison system, I don't have much hope of something actually happening. Reason being that US prison system, similar to its medical system, is becoming profit-driven.

Some states have contracted out the prison system to private contractors. Those private contractors benefit from prison population's almost-free / "slave" labour & they also get subsidies / tax breaks from the government (similar to several other companies / industries). Of course, if the contractors are profiting from the labour, they need more of that "free" labour. So, of course, they lobby hard & get the judiciary (judges, attorney generals etc.) on their side of the table.

Result is harsh sentencing laws, e.g. minimum mandatory sentence, are then passed. By the way, there was a good crime drama 2013 movie on this issue, "Snitch," starring Dwayne Johnson, & based on a real story. Anyway, so contractors need to keep a certain level of beds fill in their prisons. They may even be getting tax breaks or subsidies based on prison fill-rate (sort of like how hotels operate their business). On top of that, attorneys' successes are measured based on their conviction rate. So the more they put people behind bars, the more they are considered as making the public safe. That perception comes in very handy if those attorneys are dreaming of getting into government one day.

So who suffers in all of this self-serving agendas, fiasco & corruption? The Public.

1. Taxpayers: As the article states, millions of taxpayer $$$ are spent in housing these prisoners. Those same millions which could have been spent on improving infrastructure, putting food on the poor family's table (by increasing the budget of food stamp program, instead of cutting it), improving schools in poor, urban areas so kids of disadvantaged families also get the same quality of education as the kid from an elite family.

2. People: Those people who get snared in this prison system. As recent incidents have widely shown how much racism is still existent in the American society; African-Americans, who are usually on the disadvantaged spectrum of the general population, face the brunt of these harsh laws. They get locked up for minor offences, assuming they did commit an offence in the first place.

Once they caught up in that cycle, there is no exit out of that maze. Even when they do get out, they have a hard time securing employment and/or housing. Result is they may not have enough money to pay alimony or provide a suitable place to live for their kids or live in a safe & secure place just by themselves.

So, if, due to unemployment, that person, who was not a violent offender in the first place, but has an "ex-con" label now, doesn't pay child support, then he is put into prison. If that person, due to unemployment, can't secure housing, & starts living on the streets, where he/she can easily become a drug addict, & if he gets caught with a drug, he/she visits the prison, again. What happens with all these prison visits? That person is labelled a multiple offender, & has much longer sentences.

Essentially, that person, who was wrongly / perhaps, harshly convicted of a minor offense, becomes a hardened criminal. Who gets the blame then? That person him/herself.

My solution:
1. Be extra careful in sentencing a person in the first place. Don't make stupid harsh laws, which, in effect, make the net bigger, so more "fish" are caught.

Try to make laws which focus on catching violent criminals in the first place, rather than, making one out of a non-violent offender.

2. I'm a proponent of capital punishment. That's why, I said in point one above, that try to make laws to catch violent criminals in the first place.

Once those hardened criminals are caught, the hopes of those criminals ever becoming good guys again are slim to none. So, execute them swiftly.

What these two points will do in tandem?

1. Improve relations between the public & law enforcement, since the law enforcement is focusing more on violent criminals & not catching any & all people. Arresting violent criminals will be looked at appreciatively by the general public, since then, the perception would be of a just society.

2. Law enforcement will also become more efficient & their efforts more effective, since their conviction rates will go up, since they are focusing on violent criminals, who will, most likely, get convicted, & since, they are focusing more on few people, they will get more efficient.

3. Law enforcement agencies will focus more on less people, so they may also need fewer cops, which in turn, will result in decreasing the tax burden on the public.

4. Decreasing tax burdens from keeping few people, if any, in prison, fewer cops, fewer prisons, & a less clogged judicial system, where cases are moving faster.

5. Seeing the end result of what happens to a violent criminal, other people, e.g. misguided youths in the public, will also avoid pursuing that lifestyle. Currently, they see that the worst happening to them, if they do pursue that lifestyle, is going to jail & perhaps, staying in there, & in return do some work & get free housing & food, & make friends with life-minded individuals. Life is sweet.

That mindset will get a jolt that no, if you commit a serious crime, you will get the lethal injection. No free lunches & friend with a gang leader.
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Since 1990, Missouri’s Hedy Harden has been lobbying for criminal justice reforms in the Midwestern state. On March 11, the 70-year-old chair of the Missouri branch of CURE­—a national criminal-justice-reform organization founded in 1972—joined other like-minded activists for a lobby day in the state capital of Jefferson City to pressure lawmakers to pass a handful of bills aimed at reducing the state’s mandatory-minimum laws & other reforms.
 
Missouri’s prison system cost state taxpayers some $680 million in 2014—up from $220 million in 1994 after the state brought in harsh sentencing legislation that curbed early prison release. Its prison population has since increased nearly 9 times over the past 3 decades, mirroring similar trends across the US.
 
And while Harden has 25 years under her belt advocating for changes to Missouri’s justice laws—& is growing increasingly skeptical that proposed legislation will ever make it into law—the case for criminal-justice reform is riding a wave of support across the US.
 
That support has been spurred by a combination of budgetary constraints, prison overcrowding, shifts in public attitudes & a media spotlight trained on events such as the shooting death of 18-year-old Michael Brown in August in Ferguson, Mo., by police officer Darren Wilson, & the subsequent nationwide protests & scrutiny of policing & the criminal justice system. “Definitely, we all had some really high hopes because of Ferguson,” Harden says, “& we know the legislature has to deal with the whole issue of Ferguson.”

The results of the federal justice department’s investigation into the Ferguson police force in the wake of the shooting ... uncovered a municipal justice system rife with racial bias & geared more toward generating revenue for the St. Louis suburb than any concern for public safety. The federal probe found that, according to the police department’s own statistics, between 2012 & 2014, blacks accounted for 85% of traffic stops, 90% of citations, & 93% of arrests made by Ferguson police, despite making up 67% of the city’s population. They also faced significantly more citations for minor offences & bore the brunt of documented force by police. The municipal court, meanwhile, routinely ordered arrest warrants for residents who failed to pay fines for minor infractions such as traffic tickets & parking violations.
 
President Barack Obama cited Ferguson—as well as other recent high-profile police-related deaths in New York & Cleveland—in his March 7 speech in Alabama on the 50th anniversary of the Selma-to-Montgomery civil rights marches. “We can make sure our criminal justice system serves all, & not just some,” he said. “Together, we can address unfair sentencing & overcrowded prisons, & the stunted circumstances that rob too many boys of the chance to become men, & rob the nation of too many men who could be good dads, & good workers, & good neighbours.”

In Washington, Obama isn’t alone in calling for change in how America handles matters of crime & punishment. Criminal-justice reform has turned into a rare point of bipartisan consensus in a Congress that’s become synonymous with partisanship, gridlock & division.
 
The US is currently the world’s largest jailer, with roughly 2.2 million people behind bars. According to data compiled by the American Civil Liberties Union (ACLU), maintaining that prison system cost American taxpayers $80 billion in 2012. In 2013, the US had an incarceration rate of 716 prisoners for every 100,000 Americans. (By comparison, according to stats from the Sentencing Project, Canada’s incarceration rate is 118 per 100,000.) And, since 1980, the federal prison system grew nearly 800%, with some 219,000 people behind bars.
 
Policy-makers such as outgoing Attorney General Eric Holder are now increasingly likely to talk about being “smart on crime” instead of “tough on crime,” & there is a raft of proposed legislation meant to fix the system. The Smarter Sentencing Act, introduced in February in the Senate by Utah Republican Sen. Mike Lee & Illinois Democratic Sen. Dick Durbin, & in the House by Republican Raul Labrador & Democrat Bobby Scott, would reduce the mandatory minimum sentences for non-violent drug offenders, along with other measures.
 
A prison-reform bill also introduced last month by Texas Republican & Senate majority whip John Cornyn & Rhode Island Democrat Sheldon Whitehouse, aims to shrink the federal prison population by offering incentives to low- & medium-risk prisoners to participate in recidivism-reduction programs. And, last week, Kentucky Republican Sen. Rand Paul (a potential presidential candidate), along with New Jersey Democrat Cory Booker, introduced the Redeem Act. That sweeping legislation would reduce the collateral problems former prisoners face when voting & seeking housing & employment. It would also make it easier for juveniles & adults convicted of non-violent offences to seal their criminal records, among other provisions. These & similar bills have been introduced in prior sessions of Congress in the past few years, but failed to gain real traction.
 
Groups such as the ACLU say increasingly harsh sentencing & parole policies, the war on drugs & rising parole revocations are behind the spike in the US prison population over the past 3 decades. Recently, however, sentencing reforms at the state level have helped to spur the first drop in prison populations in decades—a modest overall decline (2.8%) between 2009 & 2012.
 
Those state-level successes ... mean advocates for criminal-justice reform are optimistic. “I do think something significant will happen this year. I think the stars are really aligned,” says Marc Levin, co-founder of the advocacy group Right on Crime, & a prominent voice in the conservative criminal-justice-reform movement. “[It] is such a rarity in a gridlocked system [to find] actual agreement. I think there’s a desire on the part of many Republicans, & many of the consultants to Republicans, to show they’ve got a positive agenda, that they can govern & get something done. There’s a real breakthrough, where there’s something in it for everyone.”

Levin also has prominent conservatives lined up behind him: Big-name Republicans such as Newt Gingrich, presumptive 2016 frontrunner Jeb Bush, & Arkansas governor & former US Drug Enforcement Administration head Asa Hutchinson have all signed on to his organization’s statement of principles. Jesselyn McCurdy, who works with the ACLU in Washington to get members of Congress on board with criminal-justice reform, agrees the timing is right. “Any successes we have at the state level we’re hoping to translate to the federal level,” she says.
 
In November, the ACLU netted $50 million from liberal billionaire benefactor George Soros’s Open Society Foundations to push at the state level to reduce prison populations. Soros has also joined forces with the conservative Koch brothers & other groups (including the ACLU & Right on Crime) to form the new Coalition for Public Safety, billed as “the largest national effort working to make our criminal justice system smarter, fairer & more cost-effective at the federal, state & local level.”

... in a January op-ed in Politico magazine, Charles Koch made the case for reform, writing: “Overcriminalization has led to the mass incarceration of those ensnared by our criminal justice system, even though such imprisonment does not always enhance public safety. Indeed, more than half of federal inmates are non-violent drug offenders. Enforcing so many victimless crimes inevitably leads to conflict between our citizens & law enforcement.”

Still, while there’s broad agreement that the current prison system isn’t sustainable, not everyone agrees on the proposed blueprints for reform. In Congress, those skeptics include Iowa Republican Sen. Chuck Grassley, who, as head of the Senate judiciary committee, holds sway over which reform bills end up on the legislative agenda. On the Senate floor this past week, Grassley voiced strong opposition to the Smarter Sentencing Act, saying the arguments for it “are merely a weak attempt to defend the indefensible,” & pointing to examples such as growing heroin use in states such as Vermont. He also expressed misgivings that the legislation could impede efforts to curtail major drug-trafficking operations, or that it would allow repeat offenders to avoid serious jail time.
 
In California, Proposition 47—a ballot initiative passed last November with nearly 60% support that reclassifies some drug & theft crimes from felonies to misdemeanours—is also facing opposition from critics who argue it’s a flawed & dangerous measure. David Bejarano, president of the California Police Chiefs Association, argues that Prop 47 has: scrapped felony charges for possession of substances such as the date-rape drug; created a loophole for handgun theft; & removed a legal tool used by law enforcement to force people into drug rehab in lieu of jail time. “Other states are watching what California does. What we’re trying to do now through our legislature is correct some of the most obvious concerns we have,” he says.
 
In Missouri, there’s another campaign building to pass House Bill 657, which would reduce the state’s so-called “85% law.” The Republican-sponsored bill would lower the threshold of time served before being eligible for parole for certain dangerous felonies (arson, robbery, & assault) from 85% of the sentence to 50%. Even with that push, & a slew of bills aimed at reforming everything from those mandatory minimums to juvenile justice & the death penalty, Harden called the state legislature “a tough nut to crack.”

Thursday, May 7, 2015

As teens learn their rights, they're defending them -- & winning

A great article telling both sides of this issue. This issue is becoming very important. Educators' hands have been tied behind their backs with strict laws against spanking to the point that teachers are afraid of students. Lawsuits have been mounted, tarnishing teachers' respected profession.
 
Parents are exacerbating the problem. On one hand, they want teachers to not only teach the curriculum but also make them a good citizen of the society, but, on the other hand, they also help their kids destroy the lives of good teachers (I'm not talking about those teachers who take advantage of their status as an authoritative figure to abuse their students, e.g. having a sexual relationship with them).

Parents don't have time or are just lazy so they hand this crucial duty of raising a good citizen to teachers but when teachers do take some kind of action, e.g. the teacher in the article tells the kid to not throw a perfectly good banana & make him take that banana out of the garbage & eat it, she gets suspended & reprimanded. Her colleagues' response was "grin & bear it." That's not a solution.

This article started with a case that 2 high school students took their school principal to court because he was planning to put in place a breathalyzer to stop underage drinking at the prom. The students won the lawsuit. Now that's become a precedent, all other schools in Ontario have to follow this rule & not put in place a breathalyzer to stop underage drinking. Although, those 2 kids discussed the matter with their peers for 2014 prom & nobody drank & the whole event went smoothly, but would all high school students in Ontario discuss not drinking with their peers? Obviously, not.

Now, although, those students won the case for all the high school kids in Ontario, but what happens when a high school student is sexually assaulted because he/she was drunk OR he/she dies from alcohol poisoning OR he/she drives off the school parking lot while heavily drunk & kills someone in a drunk driving accident. In some cases, the school administration might be held responsible for the deaths, & even if they don't, they may still have to spend money, effort, & time to go through the whole lawsuit process.

The cases in the article highlight the problem that society seems to be bending to the rules of kids. As a OISE psychologist says that kids are still kids & they don't understand the ramifications of their actions. They haven't gone out into the world & seen that there can be very dire consequences of actions. At the same time, they can argue that adults also don't think thoroughly the consequences of all their actions; all the way down from a hillbilly to all the way up to government leaders. That's one reason, why our world is in this mess.

Anyway, in the light of Islamic teachings, kids should know their rights BUT they should also know their obligations. Everyone has rights AND obligations.

Also, in the light of Islamic teachings, capital punishment should be allowed to discipline kids & raise a good citizen for the society. What kind of a society will we be forming when parents show to their 9 year old kid that throwing perfectly good food is not only ok but if someone reprimands you for doing that, we should stick it to him/her. Heck, parents & their kids are now cyberbullying their teachers. Teachers & parents should be allowed to hit kids, if necessary. As that teacher says in the article that there will always be bratty kids, & they need punishment, not coddling from the society & their parents.

Punishing the wrongdoer is a cornerstone of our civilization, regardless, of ethnicity, race, language etc. In the name of justice, we punish the wrongdoer, like locking up a criminal. Heck, countries go to war & thousands die in the name of justice & punishing the evildoers. Similar to that, kids need to be punished, according to their severity of their wrong actions, so they understand what justice is & their actions have consequences.

Challenging authority for the right reasons is not only needed in our society but should be encouraged. BUT, a line should be drawn. Challenging authority while you are doing something wrong (underage drinking, wasting food, disrespecting teachers, bullying others etc.) is not only wrong but you need to be heavily punished, so you remember that punishment for your future.
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Teenagers used to be second-class citizens whose rights were, in effect, whatever their parents decided they were. And kids, for the most part, accepted that. But, like all teenagers who have challenged authority, Millennials & Generation Z have started pushing back & the balance of power is shifting. “Young people today are much smarter & more aware of their rights than may be fashionable to admit,” says Sukanya Pillay, executive director & general counsel for the civil liberties group [Canadian Civil Liberties Association] ... . “They’re not taking things lying down. They’re not just going to accept whatever’s prescribed to them.” Kids these days know their rights, &, for better or worse, they’re defending them. And winning.
 
The United Nations had declared 1979 the International Year of the Child, which “really created an excitement,” says David Morley, president & CEO of Unicef Canada, who remembers watching people march through the streets in Brazil in support. Though it may have had more significance in the developing world, where exploitation, health care & education were a concern, Canada wasn’t immune from its effect. For one, the Children’s Aid Foundation was established to support the most vulnerable children in society: those in the child-welfare system. “That year fundamentally changed the way the world thought about the rights of children,” says Morley.
 
... In 1984, the Young Offenders Act established a separate justice system for children between the ages of 12 & 17, recognizing that they did not have the same moral, intellectual or emotional maturity as adults. The 1990 Convention on the Rights of the Child, the UN’s most widely ratified treaty, recognized “that childhood is entitled to special care & assistance.” A decade later, after a Charter challenge to Section 43 of the Criminal Code, which permits spanking, the Supreme Court of Canada set out new boundaries on the use of disciplinary force against children.
 
... today’s youth have grown up in a wildly different environment than previous generations. “We always hear about how kids don’t understand privacy rights because they’re ceding their privacy with social media & Facebook.” But Pillay sees Twitter, Instagram, & Snapchat as a testing ground where kids are introduced to the concept of rights by trial & error—who can see what they post, whom they can block & whom they can delete from their online lives.
 
Today’s cohort of teens is the first to grow up almost entirely in a digital, post-9/11 world. Because of their technological sophistication, they can witness & participate in conversations about rights, whether the topic is invasive anti-terror legislation or WikiLeaks & government secrecy. “We’re facing mass state surveillance,” Pillay says. “There’s a trickle-down effect. In schools, administrations are taking a more heavy-handed approach to the students. But the students, exercising their democratic rights, are saying, ‘Wait, that’s not right.’

Parents are still the gatekeepers for their kids’ rights because, until they’re 18 or 19, depending on the province, kids can only launch lawsuits through a litigation guardian. That’s usually an adult, but, in the case of emancipation—where a minor is an adult in the eyes of the law—young people can act on their own.
... in December [2014], another New Jersey student, a 21-year-old who lives with her grandparents, successfully sued her divorced parents for nearly $17,000. In a blog post called “The age of entitlement,” her mother describes her daughter as a hard-drinking, rebellious runaway who managed to spin the law to her advantage. “She doesn’t want a family; she wants money,” her mother wrote. “And the courts have told her that this is completely acceptable.”

Never have young people had so much power, but most don’t grasp the need for great responsibility. Michele Peterson-Badali, an Ontario Institute for Studies in Education psychologist who specializes in children’s rights, says there’s a gap between young people’s awareness of their rights & their understanding of what it entails: the responsibility to respect the rights of others. “They might think they’re savvy & act like they’re savvy, but they’re not,” she says. “Even at 16 . . . few kids will understand that rights are a bounded entitlement. I can’t do whatever I want. I can’t say things that are hateful. I can’t hurt somebody.” And that’s what throws adults into an uproar: if they’re still the same old irresponsible, mischievous & occasionally nefarious kids, why hand them so much power? “There tends to be a gut reaction on the part of adults to feel threatened by the idea—‘these kids, they have too many rights,’ ” says Peterson-Badali. “I think that’s a misconception.” The trick, she says, is to ensure kids properly appreciate what rights really mean.
 
These days, they’re learning much of what they know from television & YouTube videos. “We’ve interviewed thousands of children, & I haven’t met one who knew their rights,” says Katherine Covell, co-founder of the Cape Breton University Children’s Rights Centre. The centre developed a curriculum that incorporates rights-based case studies & role-play exercises & shopped it around to schools, but Canadian educators weren’t interested. “If you’re going to respect the rights of the child, you have to listen to them & give them opportunities to express their opinions,” Covell says. “A lot of teachers were wary of that.” British schools, meanwhile, embraced the program & saw a drastic transformation over its 10-year implementation: bullying all but disappeared, discipline issues dwindled & children performed better academically. “You can’t just have Rights Week or Rights Day,” Covell explains. “It’s not a quick fix.”

Along with the recent swell in cases involving children’s rights, there have been abuses. Children, exercising their new-found power, can subvert the laws to serve their own malicious, if not criminal, purposes.
 
It was April 2012 when Ontario teacher Susan Dowell learned this the hard way. When the Grade 4 students walked into their music class at a school north of Toronto to find Dowell was the substitute for their regular teacher, they immediately started horsing around & putting her patience to the test. “I’ve been doing this for 15 years. My intuition told me to nip that in the bud,” says Dowell, 52 ... . She sent 4 kids to the office. After the bell, Dowell moved on to cafeteria duty—or, as she describes it, “being thrown into a pack of wolves.” As she watched over the screaming, food-flinging masses, a boy walked by & tossed an uneaten banana into the trash. “You don’t throw perfectly good food out,” she told him. “Take it home or eat it or save it for after school.” He took the banana out of the garbage, peeled it, took one bite & threw it back in.
 
The following week, she was dismissed from another job because students at the previous school complained that she had used excessive force on some & publicly humiliated another. ... Her union told her to wait on word from the Children’s Aid Society, whom the vice-principal had called to sort out the matter. In the meantime, she wasn’t allowed to step on school property or talk to other teachers. “I had no support,” she says. “No one to talk to.” Eventually, she learned that the boy with the banana had told his parents Dowell made him eat from the garbage. She says the parents complained to the vice-principal, who interviewed the troublemakers sent to the office; they said she’d grabbed one of the girls by the neck. According to Dowell, no one asked for her account.
 
It was a month before Children’s Aid cleared Dowell’s case, allowing her to return to work. The events had shaken her, though, & tarnished her reputation. Kids & colleagues treated her differently, she says. The accusing child & parent, however, faced no consequences. Dowell’s union told her that this was the “new normal”—she would have to grin & bear it.
 
She did—for a while. Last year, while on a long-term placement she thought would finally lead to a steady teaching position, Dowell was accused of scratching a student. She was off work for 3 weeks. Again, the case was dropped. To this day, she doesn’t know who complained.

Kids just have no idea of the ramifications of what they’re saying or the power they have,” she says. There have always been—& there will always be—bratty kids, but today’s parents are raising increasingly entitled children, she says. In her eyes, it’s become an us-versus-them battle, & young people now have the advantage. “When did that switch happen?” she asks. “I would correlate it entirely with when children began to understand that they had rights.”

In 2012, a B.C. student launched an elaborate accusation of sexual assault against her teacher, lifting scenes from a TV show to describe his actions & creating a fake diary as evidence. Most cases are kept quiet, & false accusations aren’t recorded, so no official statistics exist. But a 2010 Nipissing University study about a shortage of male teachers showed 13% of 223 male Ontario teachers surveyed had been falsely suspected of inappropriate behaviour. School boards, says McGill University associate professor Jon Bradley, who has spent years studying false accusations, don’t have basic policies to deal with an allegation, such as consulting all involved parties & explaining to accusers the implications of a false allegation. “It’s innocent until proven guilty. If a teacher is guilty, they can hang from a lamppost,” says Bradley. “But we need procedures.” Even in an era when kids can & do sue adults, they can do just as much damage without any legal action at all.