courts


These judges should be put in jail in solitary. How much hope have they cost the kids who were innocent? Or who were only guilty of small things? What would they do if it was their own kids?

This is from the New York Times:

Judges Plead Guilty in Scheme to Jail Youths for Profit

Niko J. Kallianiotis for The New York Times

Hillary Transue was sentenced to three months in juvenile detention for a spoof Web page mocking an assistant principal.

Published: February 12, 2009

At worst, Hillary Transue thought she might get a stern lecture when she appeared before a judge for building a spoof MySpace page mocking the assistant principal at her high school in Wilkes-Barre, Pa. She was a stellar student who had never been in trouble, and the page stated clearly at the bottom that it was just a joke.

Prosecutors say Judges Michael T. Conahan, and Mark A. Ciavarella Jr., above, took kickbacks to send teenagers to detention centers.

Instead, the judge sentenced her to three months at a juvenile detention center on a charge of harassment.

She was handcuffed and taken away as her stunned parents stood by.

“I felt like I had been thrown into some surreal sort of nightmare,” said Hillary, 17, who was sentenced in 2007. “All I wanted to know was how this could be fair and why the judge would do such a thing.”

The answers became a bit clearer on Thursday as the judge, Mark A. Ciavarella Jr., and a colleague, Michael T. Conahan, appeared in federal court in Scranton, Pa., to plead guilty to wire fraud and income tax fraud for taking more than $2.6 million in kickbacks to send teenagers to two privately run youth detention centers run by PA Child Care and a sister company, Western PA Child Care.

While prosecutors say that Judge Conahan, 56, secured contracts for the two centers to house juvenile offenders, Judge Ciavarella, 58, was the one who carried out the sentencing to keep the centers filled.

“In my entire career, I’ve never heard of anything remotely approaching this,” said Senior Judge Arthur E. Grim, who was appointed by the State Supreme Court this week to determine what should be done with the estimated 5,000 juveniles who have been sentenced by Judge Ciavarella since the scheme started in 2003. Many of them were first-time offenders and some remain in detention.

The case has shocked Luzerne County, an area in northeastern Pennsylvania that has been battered by a loss of industrial jobs and the closing of most of its anthracite coal mines.

And it raised concerns about whether juveniles should be required to have counsel either before or during their appearances in court and whether juvenile courts should be open to the public or child advocates.

If the court agrees to the plea agreement, both judges will serve 87 months in federal prison and resign from the bench and bar. They are expected to be sentenced in the next several months. Lawyers for both men declined to comment.

You’d think that they would DEFINITELY be going to jail, right?  Forever?  But the article talks about their pensions!  Like they ought to be around to enjoy them or not!

(more…)

A friend sent this to me, and for the life of me, I can’t figure out how it can be legal.  Or constitutional.

Internet Free Speech Ruling Favors Burlington School Administrators

In a key ruling on Internet free speech, a federal judge has found that school officials were within their rights when they disciplined a Burlington high school student over an insulting blog post she wrote off school grounds.

Avery Doninger’s case has drawn national attention and raised questions about how far schools’ power to regulate student speech extends in the Internet age.

But in a ruling on several motions for summary judgment Thursday, U.S. District Judge Mark R. Kravitz rejected Doninger’s claims that administrators at Lewis S. Mills High School violated her rights to free speech and equal protection and intentionally inflicted emotional distress when they barred her from serving as class secretary because of an Internet post she wrote at home.

Does he think they didn’t harm her? Or that the school didn’t violate her rights? Read on.

(more…)

I write about prisons and prisoners a lot, so you might never know that it’s a really hard subject for me to write about, but it is. It’s not just numbers and statistics and information; it’s family. My mom is in prison, on drug charges, and would be much better off in a drug treatment program or in a psych hospital. But, like more than 1% of the adult population in the United States, she is in prison.

It’s even worse here in Texas, which leads the nation in inmate population. This is from Channel 10 in Amarillo:

Tougher state and federal sentencing is one of the main reason for the ballooning prison population. Legal experts say new laws will increase that population because punishment ranges are being extended every year. So people will get longer sentences. But some say it’s a problem that is much more deeply rooted in Texas history. For instance 1 in 9 inmates are of black males. With hispanics being a close second.

“Our system in Texas is absolutely broken that’s why all these people are coming out of prison now on DNA results. In 50 years we’ll look back and we’ll see our system incarcerated lots of innocent people. Former Texas Prison Board Chair Selden Hale said. Hale says he believes the numbers are more like 3 in one hundred blacks that are locked up and 4 and 100 hispanic.

I wonder if anyone really does want to change the current system.  Prisons are big business in the U.S. There is a private corrections industry in addition to the large number of federal, state and local jobs that revolve around guarding, feeding and monitoring prisoners. Someone suggested to me that prisons are our society’s way of NOT dealing with the poor and “stupid” among us.

In California,  

As the costs for fixing the state’s troubled corrections system rocket higher, California is headed for a dubious milestone — for the first time the state will spend more on incarcerating inmates than on educating students in its public universities.

Based on current spending trends, California’s prison budget will overtake spending on the state’s universities in five years. No other big state in the country spends close to as much on its prisons compared with universities.

And that does not take into account how many people are involved in each system. It’s even worse in other states:

Those states are (in order of spending the most proportionally on prisons in 2007): Vermont, Michigan, Oregon, Connecticut and Delaware. The state spending the least on prisons relative to higher education was Minnesota, where for every dollar spent on higher education only 17 cents was spent on corrections. The average for all states was 60 cents, nearly double the 32 cents spent 20 years earlier. Only three states saw gains in spending on higher education, relative to corrections: Alabama, Nevada and Virginia

This link allows you to

Click on a state to see how much its incarceration rate has grown, how its spending on prisons and higher education has changed, what proportion of its prisoners are drug offenders, and the racial disparity between its general and prison populations.

What does all this say about our society?  Nothing good.  Time for us to start thinking about people instead of prisoners, inmates or offenders.  Time to start thinking about helping people with drug problems instead of throwing them in jail for decades.  Time to start treating mental health problems instead of waiting until those problems lead people towards crime.  Time to start acting like a society instead of acting like prison wardens.

When I was 8, 9 and 10 I was a bully. I hit and kicked other kids all the time. I never threatened a teacher though. But I could have.

This little boy threatened his teacher with a plastic knife or fork. And he had to go to jail. Would that happen in other “civilized” countries? Does it happen to white kids from good neighborhoods? It shouldn’t happen to anyone!

New Project Seeks Justice for Vulnerable Children

Darius was only 9 when he was locked up. For two months, he languished in a juvenile facility — alone, frightened. He missed his 10th birthday party. He missed Thanksgiving. He missed his stepfather’s funeral.

His offense: He had threatened a teacher with a plastic utensil.

Unfortunately, Darius’s early introduction to the juvenile justice system is not that uncommon.

Across America, countless school children — particularly impoverished children of color — are being pushed out of schools and into juvenile lock-ups for minor misconduct that in an earlier era would have warranted counseling or a trip to the principal’s office rather than a court appearance.

The problem is particularly acute in the Deep South, where one in four African Americans live in poverty.

The children and teens most at risk of entering this “school-to-prison pipeline” are those who, like Darius, have emotional troubles, educational disabilities or other mental health needs.

But rather than receiving the help they need in school, these vulnerable youths are being swept into a cold, uncaring maze of lawyers, courts, judges and detention facilities, where they are groomed for a brutal life in adult prisons.

“Our juvenile prisons and jails are overflowing with children who simply don’t belong there,” said SPLC President Richard Cohen. “These are the children who desperately need a helping hand. Instead, we’re traumatizing and brutalizing them — increasing the risk that they’ll end up in adult prisons. It’s tragic for the children and bad for the rest of us, because it tears apart communities, wastes millions in taxpayer dollars and does nothing to reduce crime.”

To attack this problem, the Southern Poverty Law Center has launched a multi-faceted new initiative, called the School-to-Prison Reform Project. Based in New Orleans, the project is seeking systemic reforms through legal action, community activism and lobbying to ensure these students get the services — both in school and in the juvenile justice system — that can make the difference between incarceration and graduation.

Nationwide, almost 100,000 children and teens are in custody. Black youths are vastly over-represented in this population; they are held in custody at four times the rate of white youths, according to the National Council on Crime and Delinquency. Students with disabilities that would qualify them for special education services are also grossly overrepresented. Some studies suggest that as many 70 percent of children in juvenile correctional facilities have significant mental health or learning disabilities.

“These are the children left behind,” said Ron Lospennato, an SPLC lawyer who heads the new project. “They are paying a heavy price because of short-sighted policies based mainly on fear and myths. Someone must be there to catch them before they fall through the cracks.”

The pipeline begins in the classroom, where black students are disproportionately affected. Nationally, black students in public schools are suspended or expelled at nearly three times the rate of white students, according to a Chicago Tribune analysis of U.S. Department of Education data.

The state with the worst disparity is New Jersey, where black students are almost 60 times as likely as white students to be expelled for serious infractions. Many other states also had striking gaps in discipline rates. In Alabama, a state where more than a third of all public school students are African American, black students are expelled five times as often as whites.

Once a black student is pushed into the juvenile justice system, the pipeline takes another tragic turn. The proportion of black youths within the system grows at each stage — from arrest through sentencing — until this group, which represents only 16 percent of the nation’s youth population, accounts for 58 percent of the youths admitted to state adult prisons.

“The vast majority of children caught up in the juvenile justice system have not committed violent crimes and do not deserve to be sent to prison,” Lospennato said. “And what most people don’t know is that thousands of non-violent kids get locked up for months even before their cases are heard.”

Students in special education are especially at risk of being pushed into the pipeline.

“Often these students are simply acting out of frustration because they can’t keep up with the others, and they’re not getting the help they need in class,” said Jim Comstock-Galagan, founder and executive director of the Southern Disability Law Center, which has partnered with the SPLC on the School-to-Prison Reform Project.

Poverty makes the situation worse, because a family may not have the resources needed to successfully demand the special school services that can prevent an outburst of misbehavior. It also means a detained child might find her fate in the hands of an overworked and underpaid public defender who has little or no training in the field of juvenile law.

Cohen noted the importance of basing the project in New Orleans, where Hurricane Katrina exposed the country’s racial and economic disparities.

“In opening the New Orleans office, we are sending a message, loud and clear, that the key to addressing these inequities is ensuring all children receive the education they deserve and are guaranteed under federal law,” Cohen said.

The project grew out of the SPLC’s legal work representing children with disabilities in Louisiana, Mississippi and Alabama.

SPLC won key victories
The project has already won key victories for many school children in Mississippi and Louisiana. Settlements reached with school systems in Louisiana’s Jefferson, East Baton Rouge and Calcasieu parishes, for example, will ensure that quality special education services are provided to thousands of students. The settlements also have provisions that will enhance school experiences for all children, not just those with emotional or learning disabilities.As for Darius, the SPLC won his release from juvenile detention and helped him receive mental health treatment near his home and special education services at school. A program to help strengthen family relationships was part of the treatment.

“There are thousands of children like Darius whose lives can be saved if we reform this broken system,” Cohen said. “That’s what this project is all about.”

Editor’s note: Darius’ name has been changed to protect his identity.

I HATE beauty pageants. Big time hate. But I know I will need a scholarship to go to college and I support girls that do the beauty pageant thing in order to get a scholarship. So reading stories like this bothers me. They’re combining to try to keep her from collecting. I hope she wins!

tiaraThe Tiara Was Nice. Now Where’s the Scholarship?

Ashley Wood, 2004’s Miss South Carolina, is locked in a dispute with the pageant over its failure to distribute the scholarship that was part of her prize.

….

You are talking about an organization that is promoting itself as the largest scholarship provider for women in the world,” Ms. Wood, 26, said of the Miss America Organization. “When contestants try to collect their funds, they encounter one obstacle after another.”

Ms. Wood said she was told that she would not get the $20,000 for winning the Miss South Carolina pageant in part because her two local pageants had not paid her $950 that she had won from them (Ms. Wood said that after she enrolled in classes, one group reneged on payment and the other dodged her when she tried to collect). In turn, because she did not receive the state money, the national pageant sent her a letter in June saying she was ineligible for the $5,000 from it, even though the deadline to use her national scholarship had not passed. “It’s like a game of gotcha,” she said. “What is very clear to me is that the goal is to not give out the scholarships if at all possible.”

Wouldn’t it be nice if Bush would nominate some honest lawyers who respect the constitution to head up the justice department?  All of the top spots are empty.  But he will want people he can trust to not investigate his administration, someone who agrees to illegal wiretaps and torture and  prisoner rendition around the world, and I really hope that the congress doesn’t give in.

Gonzales leaves Justice Department

Outgoing Attorney General Alberto Gonzales wipes his eye during his farewell ceremony before Justice Department employees, Friday, Sept. 14, 2007, in the Great Hall at the Justice Department in Washington. (AP Photo/Pablo Martinez Monsivais)AP – Resigning Attorney General Alberto Gonzales left the scandal-scarred Justice Department on Friday, declaring himself hopeful about its mission of ferreting out crime and defending the truth. Gonzales quit after 2 1/2 years at the department amid investigations into whether he broke the law and lied to Congress. He has denied any wrongdoing.

TV clipartThink Progress has a post up called

If It’s Sunday, It’s Karl Rove

and in it they have a list of questions that they want the talk show hosts to ask Rove. Here’s the list:

In addition to those, I think they should also ask him about these things:

  • Who Jeff Gannon was spending nights with in the White House?
  • Is George Bush drinking or doing drugs?
  • Who is the real president, Bush or Cheney?
  • Why did you decide to leave now?
  • What gave you the idea that there are no rules for you and your friends?
  • Why did you decide Congress doesn’t matter anymore?
  • Did you rig the voting machines?
  • Don’t you feel guilty destroying the country like this?

What else would you ask him?

We need to march.  We need to tell the government and the rest of the American people that it is NOT OK to have one set of rules for Bush, Cheney & their buddies and another set for the rest of us.  We need to make signs and put them over the highways.  We need to put bumper stickers like these on our cars.

Even Paris went to Jail

We need to take action!  NOW!!!!

Bush burning the constitutionDear President Bush,

Why do you think that Scooter Libby’s sentence needs to be commuted? Why is it you opinion that a man who outed a CIA agent, lied to the FBI, and got convicted for obstruction of justice should serve no jail time?

“I respect the jury’s verdict. But I have concluded that the prison sentence given to Mr. Libby is excessive,” Bush’s statement said. “Therefore, I am commuting the portion of Mr. Libby’s sentence that required him to spend thirty months in prison.

My mom is an addict and she sold drugs. She is in a Texas prison for up to nine years, and her crimes

  • did not hurt the CIA,

  • did not hurt the search for WMD

  • did not damage a CIA front company

  • did not waste FBI time or money.

She sold drugs. Why does she get 9 years and Scooter gets zero?

—Freckles Cassie

bong hits 4 jesus

bong hits for Jesusbong hits for Jesus

We high school and middle students in the United States lost a good chunk of our ability for free expression.

The case is described here, and is summarized like this:

A former high school student has lost his case in what is the US Supreme Court’s first major ruling on students’ free speech rights in almost 20 years.

What should we do? Should we all post banners like mine on our websites and myspace and facebook? Should we make t-shirts and all wear them to school the first day? What’s best?

Please leave a comment.

6/26, 5:45 pm

UPDATE: some suggestions from my Facebook Friends:

 

 

John

 

Is there a larger issue you can tie into? I get that this isn’t about Joseph Frederick’s silly sign but a much deeper issue – how do you get at that? Or do you need to tie it in to larger issues about speech, privacy, human rights, the bill of rights, etc.?

I think if you tie it together, you have a better shot of mobilizing, IMHO.

 

 


 

Petrocelli

 

Freedom of speech cases have had some extraordinary rulings, although probably not in this SCOTUS.

I would encourage you to dig – ask the many legal minds at FDL or your librarian – for guidance on this and write to show how more perverse cases have been ruled on differently.

When you run for office, I’m coming down to America to help your campaign !!!

 

 

Christina

 

Cassie … keep an eye on anything the ACLU might plan – when my son was in high school and the Communications Decency Act was in play, the ACLU sued and won … and they needed a few under 18’s to represent the people affected and Kit was one http://www.aclu.org/privacy/speech/15499prs19960318.html

I’d contact them and see if they are doing anything similar – of course, it is difficult to do anything once SCOTUS has decided.

 

 

 

 

Suzanne

Cassie
What is the larger issue? Perhaps reading Talk Left (link: http://www.talkleft.com/story/2007/6/25/132410/220) post on the issue will help ya find the way. The comments in the thread are interesting :)

 

 

 

 

 

 

Rayne

 

Hey Cassie…I think you start small while you do research. Make black armbands with the number 1 stenciled in white but crossed out with international symbol for no in red over the top (mourning the death of the First Amendment for youth). Find folks who think like you do about this SCOTUS decision and ask them to wear armbands in solidarity.

I’d like to recommend a book, The Tipping Point, by Malcolm Gladwell; it will help you understand how to get an idea to catch on like wildfire. For instance you’ll need to identify the “connectors” in your school who think like you, along with “mavens” or early adopters. Once they are on board, you need to have enough armbands or whatever else you decide on short notice.

Go for it. I know I’d help my kids if they decided to do this.

 

 

 

 

 

Bob S

 

Cassie,
Excellent project! First Amendment issues are always good to examine and dramatize. Are any of your friends into street theater? What’s jumping into my mind right now is *Mime* (http://en.wikipedia.org/wiki/Mime_artist). Maybe two teens talking to each other and the mime prancing around them providing “commentary”?

But also, maybe turn it into a class project. Ask your social science teacher (You have one, don’t you?) or maybe the Speech coach on your debate team (does your school have one?) about your interest in First Amendment issues. Emphasize this as an educational issue, and you can probably get a sympathetic hearing. You can get the focus on things that your friends care about, exploring the boundaries of what is acceptable, and what is not acceptable.

Keep us informed about whatever you come up with!

 

Mime artist – Wikipedia, the free encyclopedia

http://en.wikipedia.org/wiki/M…

A mime artist is someone who uses mime as a theatrical medium or as a performance art. In earlier times, in English, such a performer was referred to as a mummer. Miming is to be distinguished from silent comedy, in which the artist is a seamless character in a film or sketch.

 

 

 

Giovanni

 

Cassie, In addition to Raynes “connectors” suggestion. May I ask if you know a few friends in your school who cross the lines of friendship… with jocks or preppies or drama /artist types etc…

Any of those folks who are interested in taking action would be who you could rally for support first and they will bring more into the fold quickly.. don’t be afraid to ask, remember its really not about you…but the ideas.. so don’t get stuck on new ideas you don’t like.. if they arent good they will most likely fall flat soon enough.. BTW I ran for office at the ripe old age of 19… so no more of that 2032 malarkey! :)

Also.. select one two or three causes at first and narrow it down for clearer focus as soon as your first few friends join your motivation…jmho I have watched groups spread thin quickly… marathon not a sprint etc etc

You go girl!

 

 


 

Terry

 

How about GNOB hits for Jesusa?

 

 

 


 

Bob S

 

Maybe I should elaborate on my suggestion of Mime and street theater. Here’s an idea for a 2-person show:
*One person wears a banner saying “First Amendment”
*Second person is a mime wearing a banner saying either Supreme Court or SCOTUS or maybe “School Official”.

The First Amendment person starts off talking (making a speech) normally, while the Mime stands nearby, looking relaxed and unconcerned. But then the First Amendment student starts to say things that are a bit edgy but not over the line. At each edgy comment, the Mime perks up, listens carefully (exaggerated poses leaning an ear towards the speaker, open hand near ear to hear better, face perked up in wide-eyed attention), and then as speaker starts crossing the line, the Mime gets increasingly agitated, wagging a”no, no, no!” finger silently at the speaker. This climaxes with the First Amendment student holding up a “Boxx Hits for Jesus” sign, at which the mime throws a conniption, racing around,jumping up and down, trying to cover up the sign or trying (silently, of course) to get the First Amendment student to put his sign away.

Of course this can be dramatised further at the climax (when the sign “Boxx hits for Jesus” is held up, 1-2 people with suits come charging in, take the sign away and throw it face down on the ground, or tear it up.

It can be a lot of fun to stage this kind of street theater, and the “plot” can be ad libbed, stretched, or cycled, depending on the audience. “Stretched” means you flirt with confrontation multiple times to engage people’s interest before springing the climax.

This provides the students with an opportunity to explore the idea of “what can I actually say, or what kinds of signs can I display, in public?”

prisoners at Gitmo

Well it seems that perhaps people in the White House are talking about the closing Guantánamo Bay Prison & Concentration Camp for enemy combatants and anyone else the administration wants to torture and keep away from US courts, the rights of prisoners of war, the rights of people arrested in the United States, or any rights at all. (Until the enemy combatants are cleared of all charges and then sent back to their country to think wonderful things about the United States.)  Many have been there since we invaded Afghanistan in 2001.

CBS Reports the story complete with the White House spin reaction:

The Bush administration is nearing a decision to close the Guantanamo Bay, Cuba, detention facility and move terror suspects from there to military prisons on U.S. soil, The Associated Press has learned.

But White House spokesman Gordon Johndroe said in a statement today that no decisions on Gitmo are imminent.

“The President has long expressed a desire to close the Guantanamo Bay detention facility and to do so in a responsible way,” said Johndroe.

“A number of steps need to take place before that can happen such as setting up military commissions and the repatriation to their home countries of detainees who have been cleared for released.”

On his program tonight (Listen here!), Keith Olbermann’s take was that this would more than likely result in more detention centers — smaller and less public ones that might not have the rest of the world hating us. OK. That makes sense. So then why is it that “The President has long expressed a desire to close the Guantanamo Bay detention facility and to do so in a responsible way”? You don’t think it’s possible that the White house spokesman was just saying that, do you? (more…)

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