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Publius Cornelius Tacitus

"Formerly we suffered from crimes; now we suffer from laws."

FREEDOM OF SPEECH

FREEDOM OF SPEECH
USE IT OR LOSE IT

Malcolm X, Malcolm X Speaks, 1965

"You can't separate peace from freedom because no one can be at peace unless he has his freedom."

Friday, June 29, 2007

Why Are Innocent People Forced To Pay Outrageous Phone Bills???

http://www.PetitionOnline.com/callhome/

The Protect Friends & Families of Incarcerated Individuals From Monopolizing PrePaid Phone Companies (Evercom, Correctional Billing) Unfair Deceptive Business Practices Petition to FTC Bureau of Consumer Protection Consumer

Wednesday, April 11, 2007

Friday, March 9, 2007

HIV/AIDS and Domestic Violence

HIV/AIDS and Violence

Women’s inability to negotiate safe sex and refuse unwanted sex is closely linked to the high prevalence HIV/AIDS. Unwanted sex — from being unable to say “no!” to a partner and be heard, to sexual assault such as rape — results in a higher risk of abrasion and bleeding, providing a ready avenue for transmission of the virus. Both realities obliterate women’s ability to protect themselves from infection.Violence is a cause as well as a consequence of HIV/AIDS: for many women, the fear of violence prevents them from declaring their HIV-positive status and seeking help and treatment. They have been driven from their homes, left destitute, been ostracized by their families and community, and subjected to extreme physical and emotional abuse. In 1998 Gugu Dhlamini was stoned to death by men in her community in South Africa, after she declared her positive status on radio and television on World AIDS Day.

Young women are particularly vulnerable to coerced sex and are increasingly being infected with HIV/AIDS. Over half of new HIV infections world-wide are occurring among young people between the ages of 15 to 24, and over 60 per cent of HIV-positive youth between the ages of 15 to 24 are women. A study conducted in Tanzania in 2001 found that HIV-positive women were over 2 and half times more likely than HIV-negative women to have experienced violence perpetrated by their current partner.A 2002 UNIFEM-sponsored report on the impact of armed conflict on women underscores how the chaotic and brutal circumstances of armed conflict aggravate all the factors that fuel the crisis. Tragically and most cruelly, in many conflicts, the planned and purposeful HIV infection of women has been a tool of war, often pitting one ethnic group against another, such as what occurred in Rwanda

Cultural Violence in Traditions of Other Societes

Female Genital Mutilation (FGM)

FGM refers to several types of traditional cutting operations performed on women and girls. Often part of fertility or coming-of-age rituals, FGM is sometimes justified as a way to ensure chastity and genital “purity.” FGM occurs primarily in over 25 African countries, among some minorities in Asia and immigrant communities in Europe, Australia, Canada and the US. An estimated 130 million women today have undergone FGM, and an additional 2 million girls and women are being subjected to it each year. Since the late 1980s, opposition to FGM and efforts to combat the practice has increased.

Some countries have passed legislation to regulate or ban FGM.— UNIFEM supported a project in Kenya, which involved local communities developing alternative coming-of-age rituals, such as “circumcision with words” — celebrating a young girl’s entry into womanhood with words instead of genital cutting. A joint initiative by UNICEF, WHO, and UNFPA seeks to drastically decrease the incidence of FGM, including assisting governments to develop and implement national polices to abolish the practice.

Dowry Murder

Dowry murder is a brutal practice involving a woman being killed by her husband or in-laws because her family is unable to meet their demands for her dowry — a payment made to a woman’s in-laws upon her engagement or marriage as a gift to her new family. It is not uncommon for dowries to exceed a family’s annual income.While cultures throughout the world have dowries or analogous payments, dowry murder occurs predominantly in South Asia. In India, for example, there are close to 15,000 dowry deaths estimated per year and mostly in kitchen fires designed to look like accidents. In Bangladesh, there have been many incidents of acid attacks due to dowry disputes, leading often to blindness, disfigurement, and death. In 2002, 315 women and girls in Bangladesh were victims of acid attacks.— In India, women’s organizations have successfully advocated for changes to the 1961 Dowry Prohibition Act, including amendments in the 1980s to hire community members as “dowry prohibition officers.” In addition, the country’s murder law has been revised to define and punish dowry death.

Honour Killings

In many societies, rape victims, women suspected of engaging in premarital sex, and women accused of adultery have been murdered by their male relatives because the violation of a woman’s chastity is viewed as an affront to the family’s honour.According to a 2002 UN human rights report, more than 1,000 women are killed in Pakistan in the name of honour every year. In a study of female deaths in Alexandria, Egypt, 47 per cent of the women were killed by a relative after the woman had been raped. In Jordan and Lebanon, 70 to 75 per cent of the perpetrators of these so-called honour killings are the women’s brothers.

It is not only in Islamic countries that this act of violence is prevalent. Brazil is cited as a case in point, where killing is justified to defend the honour of the husband in the case of a wife’s adultery.

Early Marriage

The practice of early marriage is prevalent throughout the world, especially in Africa and South Asia. This is a form of sexual violence, since young girls are often forced into the marriage and into sexual relations, which jeopardizes their health, raises their risk of exposure to HIV/AIDS and limits their chance of attending school.Parents and families often justify child marriages to ensure a better future for their daughters. Parents and families marry off their younger daughters as a means to gain economic security and status for them as well as for their daughters. Insecurity, conflict and societal crisis also support early marriage.

In many African countries experiencing conflict, where there is a high possibility of young girls being kidnapped, marrying them off at an early age is viewed as a means to securing their protection. In some countries, a rapist can be exempt from punishment if he is prepared to marry the victim, and the law can allow judges to lower the age of marriage in cases where the rape victim is a minor.In the North West Frontier Province in Pakistan, for example, young girls are “sold” by their parents into marriage for money. This is done without the consent of daughters; and often the husbands are wealthy older men. This is no longer permitted by law, but still practiced. Girls fleeing such marriages can be put in jail and are shunned by society. If they are released, they are either killed by their own family or their in-laws, or sold again.

Trafficking in Women and Girls

Trafficking involves recruiting or transporting another person in order to place them in a situation of abuse or exploitation such as forced prostitution, slavery-like practices, battering and extreme cruelty, sweatshop labour, or exploitative domestic servitude.While exact data is hard to come by, estimates on the number of trafficked women and girls range from 700,000 to two million per year. More than 200,000 Bangladeshi women have been trafficked from 1990 to1997; and 5000 to 7000 Nepali women and girls illegally trafficked to India. In Europe for example, 10 to 15 per cent of foreign prostitutes in Belgium were trafficked from other countries and sold into prostitution rings. These women and girls were mainly from Central and Eastern Europe, Colombia, Nigeria and Peru.

Illegal trafficking in persons frequently involves organized crime, and efforts to combat it can involve serious risks.


Crimes against Women in War and Armed Conflict

The victims in today’s armed conflicts are far more likely to be civilians than soldiers. Some 70 per cent of the casualties in recent conflicts were non-combatants — most of them women and children. Women’s bodies have become part of the battleground for those who use terror as a tactic of war — they are raped, abducted, humiliated and made to undergo forced pregnancy, sexual abuse and slavery. In Rwanda, up to half a million women were raped during the 1994 genocide. The numbers are as high as 60,000 in the war in Croatia and Bosnia-Herzegovina. Equally, in Sierra Leone, the number of incidents of war-related sexual violence among internally displaced women from 1991-2001 is as high as 64,000.Protection and support for women survivors of violence in conflict and post-conflict areas is woefully inadequate.

Harmful Traditional Practices of Cultural Violence



Harmful traditional practices refer to types of violence that have been committed against women in certain communities and societies for so long that these abuses are considered a part of accepted cultural practice. These violations include female genital mutilation or cutting (FGM), dowry murder, so-called honour killings, and early marriage. They lead to death, disabilities, and physical and psychological dysfunction for millions of women annually.

Domestic and Sexual Violence

Domestic and Sexual Violence

Domestic and intimate partner violence involves physical and sexual attacks against women in the home, within the family or within an intimate relationship. Women are more at risk of experiencing violence in intimate relationships than anywhere else.In no country in the world are women safe from this type of violence. Out of ten counties surveyed in a 2005 study of the World Health Organization (WHO), more than 50 per cent of women in Bangladesh, Ethiopia, Peru and Tanzania reported having been subjected to physical or sexual violence by intimate partners, with figures reaching staggering 71 per cent in rural Ethiopia. Only in one country (Japan) did less than 20 per cent of women report incidents of domestic violence.

An earlier WHO study puts the number of women physically abused by their partners or ex-partners at 30 per cent in the UK, and 22 per cent in the US.Based on several surveys from around the world, half of the women who die from homicides are killed by their current or former husbands or partners. Women are killed by people they know and die from guns violence, beatings and burns among numerous other forms of abuse. A study conducted in Sao Paulo, Brazil reported that 13 per cent of deaths of women of reproductive age were homicides, of which 60 per cent were committed by the victims’ partners.In the USA, 700,000 women are raped or sexually assaulted each year, with 14.8 per cent of women reporting having been raped before the age of 17. In a randomly selected study of nearly 1,200 ninth-grade students in Geneva, Switzerland, 20 per cent of girls revealed they had experienced at least one incident of physical sexual abuse. This form of sexual violence also extends beyond the domestic domain.

Although many countries now have legislation that addresses domestic violence, high levels of violence still persist. There is clearly a need for greater focus on implementation and enforcement of legislation, and an end to laws that emphasize family reunification over the rights of women and girls.In many societies, the legal system and community attitudes add to the trauma rape survivors experience. Women are often held responsible for the violence against them, and in many places laws contain loopholes which allow the perpetrators to act with impunity. In a number of countries, a rapist can go free under the Penal Code if he proposes to marry the victim and she consents. In Pakistan and many other Islamic countries, ordinances require women reporting rape to provide a set number of credible male witnesses to verify the crime. Victims unable to provide these witnesses are often charged instead with adultery.

Wednesday, March 7, 2007

Another Damned Drug War Death

Courtesy of Reason Magazine:

Another Damned Drug War Death

Tuesday, March 6, 2007

FBI Unravels Four Corrupt Florida Officers

FBI Corruption Sting Unravels Four Corrupt Florida Officers

Four Hollywood police officers were linked to a corruption scandal, involving a criminal organization located outside New York. The discovery followed a two-year FBI sting operation into corruption in the Hollywood Police Department.

To read the full article, see:
FULL ARTICLE HERECourtesy of: ALL HEADLINE NEWS


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Tuesday, February 27, 2007

Okay, Now What?

Everybody wants battered women to 'make better choices', or to 'get out' or 'leave their abuser' and 'dont go back...'

I did that... okay, now what?

I know women who did everything right, called the police, got the protective order, left, moved, ceased contact, got a job, never went back; and 10 years later their child got kidnapped because nobody believed that her abuser would really plot, wait and pounce that many years later... okay, now what?

I'm blogging from a hotel room; weekly rates; on a computer borrowed from a friend. I'm not sure where I'll be next week; what I'll eat tomorrow, or if I have the strength to keep on... yeah, I left my abuser ...
okay, now what?

See when the abuser isn't convicted the battered woman is left without crime victim services.

When the abuser isn't at the front door or on top of the victim, the shelter isn't available - and when it is, its only available for a brief 30 day stay...

When the abuser flees the state with your child, the victim falls through the cracks of the jurisdictional boundaries and the police that pass the buck instead of enforcing out of state protective orders - - now what?

When the abuser finally goes to prison for unrelated crimes, and the victim tries to prosecute, its impossible to get law enforcement to take the case seriously because they figure he's already in jail and it'd be a waste of time, so, now what?

When the abuser isn't expected to get out of prison until your children are over the age of 18, the state no longer seeks enforcement of the child support arrears he owes, so, now what?

When the abuser can't use his fists anymore and uses the system, it can revictimize the survivors and sometimes paralyze them emotionally when the children are used as pawns; already disabled from the beatings years before, now suffering eternal grief for the emotional beatings of the court system and flawed social services system; a victim is on an uphill battle to survive; and when she becomes homeless, penniless and hopeless ... she'll ask everyone who wanted her to get out... okay...now what?

Now what????

Wednesday, February 21, 2007

Prosecution of a Domestic Violence Crime: (Illinois)

What is the Role of Prosecution in Criminal Domestic Violence Cases?
Because of the seriousness of Domestic Violence cases in the Criminal Justice system, it is very important that these cases be prosecuted vigorously, as well as sensitively. It is important that the Prosecutor in the State's Attorney's office remember that domestic violence is a criminal behavior and to respond to it as such. It is helpful for State's Attorney's offices to review any office policies that may drop domestic violence cases to a lower priority than offenses between strangers.

When the Criminal Justice system works effectively, the Abuser knows that his continued violence will elicit increasingly severe sanctions, so there will be a deterrent effect. The Illinois Domestic Violence Act directly addresses the intended aggressive response of the prosecutorial community. This is most likely to happen when the Criminal Justice System enacts a consistent, aggressive, and coordinated effort to respond to the crime in their community.

The Illinois Domestic Violence Act calls upon the Criminal Justice system to respond to the needs of Victims through the Purposes Section outlined at the beginning of the Act. That Section suggests that there should be vigorous enforcement and prosecution policies regarding the crime of domestic violence. Specifically, the Act states that the system should:


  • Recognize that Domestic Violence is a serious crime...(which) promotes a pattern of escalating violence...and creates an emotional atmosphere that is not conducive to healthy childhood development;
  • Recognize Domestic Violence against high-risk adults with disabilities;
  • Recognize that the legal system has ineffectively dealt with family violence in the past, allowing Abusers to escape effective prosecution or financial liability, and has not adequately acknowledged the criminal nature of Domestic Violence; that, although many laws have changed, in practice there is still widespread failure to appropriately protect and assist Victims;
  • Support the efforts of Victims of Domestic Violence to avoid further abuse and, when necessary, reduce the Abuser's access to the Victim and address any related issues of child custody and economic support, so that Victims are not trapped in abusive situations by fear of retaliation, loss of a child, financial dependence, or loss of accessible housing or services;
  • Clarify the responsibilities and support the efforts of Law Enforcement Officers; and
  • Expand the Civil and Criminal Remedies for Victims of Domestic Violence including, when necessary, the remedies which affect physical separation of the parties to prevent further abuse.

    Should the State's Attorney Office have a written Domestic Violence Protocol detailing what the Office Policy is?
  • To assure consistency, it is suggested that a State's Attorney's Domestic Violence Protocol be in writing and specify the framework for deciding how to handle Domestic Violence cases in the office. Many Illinois counties have firm, written policies in place and are willing to share their expertise with other State's Attorneys. A general Domestic Violence Protocol for State's Attorney's Offices was suggested through an Illinois Criminal Justice System's committee in 1995. Check with your local Illinois State's Attorney's office or contact the Illinois Coalition Against Domestic Violence to see a copy.

    What are Some of the better DV Policies regarding Prosecution?
  • Since each county faces unique criminal occurrences, no one policy of handling Domestic Violence cases is in effect in Illinois. Many smaller counties have one State's Attorney and one part-time Assistant State's Attorney to handle all prosecutions. In these counties, it is likely that the Assistant will handle many of the Domestic Violence cases. Large counties may assign Domestic Violence cases to Prosecutors in a Domestic Violence Unit. Having a DV Unit or a particular Assistant State's Attorney assigned to all Domestic Violence cases is preferable because it allows the Prosecutor(s) to develop expertise in this area of the law, as well as follow a consistent county policy for prosecution.
  • Experience in Illinois, as well as other states, has shown that it is desirable for one Attorney to handle a case from its inception, if possible. This fosters a trust between the Victim and Prosecutor and helps to insure that the facts of the individual case are clear to the Prosecutor handling it. Whatever the arrangement, it is recommended that those Prosecutors dealing with Domestic Violence adopt a uniform policy of processing these crimes and that such a Policy take full advantage of the Illinois Domestic Violence Act.

    Can Domestic Abuse Advocates from DV Programs be helpful to Victims during Prosecution?
  • The State's Attorneys who become familiar with Domestic Violence Programs in their area will learn that the Programs' Domestic Abuse Advocates can provide invaluable assistance. The Domestic Abuse Advocates are advocates who assist Victims of Domestic Violence in their efforts to obtain legal remedies, including Orders of Protection or criminal prosecution. Working in cooperation with the Domestic Abuse Advocates from DV Programs can greatly enhance the State's Attorney's efforts.
  • It is important to keep in mind, however, that the Advocates are not substitutes for State's Attorneys. The Domestic Abuse Advocates are a tremendous support to the Victim, helping her recall details and gathering evidence; accompanying the Victim to court; and explaining the system to her. According to 750 ILCS 60/205, Domestic Abuse Advocates are now allowed to sit at the counsel table and confer with the Victim with the Court's approval. They can also assist the Victim with the preparation of the Order of Protection. In that capacity, it is not considered the unauthorized practice of law.
    Domestic Violence Programs are an excellent source of counseling and support for the Domestic Violence Victim. However, a few Victims may be reluctant to avail themselves of such services. It is important that State's Attorneys not make such services a requirement of court intervention policies, though referral to those services can be a benefit to Victims unaware of their existence.


    What is "Prosecution Without the Cooperation of the Victim Policy" or a "No Drop Policy"?
  • When a Victim turns to the police and others in the criminal justice system, it is usually because she is desperate. Because Victims are frequently intimidated or coerced by the Abusers in requesting that criminal charges be dropped, the State's Attorney's office should implement a Domestic Violence Protocol Policy that limits the victim's responsibility for bringing the charges.
  • Studies have substantiated that Prosecutorial attitudes about domestic violence crimes affect Victim cooperation with the process. Vigorous prosecution policies show the Victims that, indeed, the criminal justice system in the community will take measures to keep her safe, plus will put pressure on the Abuser to stop the abusive behavior.
  • The State's Attorney should always sign the Criminal Complaint; otherwise, the Victim will become a target for the Abuser who is attempting to get the charges dropped. The State's Attorney should explain to the Victim that the abuse is a crime, and it is the duty of the State's Attorney to prosecute, not the Victim. The Prosecution should consider sending a letter to the Victim which states that the State's Attorney's office has the power to drop the charges, not the Victim. This letter has the multiple purposes of protecting the Victim from further intimidation from the Abuser for her to drop charges, as well as relating a strong Pro-Prosecution Policy to the Victim, Abuser and community at large.
  • If a county does not have a Policy of State's Attorneys signing complaints, and Victims are allowed to drop charges, certain procedures should take place to insure Victim safety. For example, if a Victim requests that charges be dropped, the State's Attorney should talk to the Victim to determine the reason for the request, present available options, and encourage prosecution. (Victims may have been coerced by the Abuser; they may be unaware of sentencing guidelines fearing either too harsh or too lenient a sentence; or, they may be in the "honeymoon phase" of Domestic Violence and believe the abuse will cease.) Domestic Abuse Advocates at dv programs are a good support system for the State's Attorney faced with a reluctant witness at this stage.
  • If a Victim fails to appear in Court, the State's Attorney should request a continuance and make every effort to ascertain her whereabouts and safety.
  • With a strong prosecutorial stance, the State's Attorney's Office can be a deterrent against Domestic Violence.


    How Does it Benefit a Victim to Cooperate with Criminal Prosecution of the Abuser?

    Studies have shown that:
  • A Victim that calls the police is safer than one who does not.
  • A prompt and severe response to the crime of domestic violence is the most effective means in insuring that it does not occur again.
  • Settlement of the case without a trial is higher if the Abuser sees that the Victim will be testifying in Court.
  • Once the Abuser hears that a Victim is willing to tell the Court about the abuse at a hearing, many Abusers settle the case because they know the truth will come out. At that point, the Prosecutor may enter into plea negotiations with the Abuser, and the Victim will not have to go to Court.


    Why Might a Victim Turn into a Reluctant Witness for the Prosecution when the Abuser is Charged with a Crime?

  • In cases of crimes where persons know one another, the likelihood that a Victim will request that charges be dropped is higher than in cases of offenses committed by a stranger.
  • The Goal of many Victims is to stop the violence against them while maintaining the positive aspects of their relationships with their partners. Because of these conflicting goals, Victims are often reluctant or fearful to have the Abuser arrested and prosecuted.
    Equally important for Law Enforcement and Prosecutors to understand are the real threats the Victim has been and continues to be subjected. It is not unusual the Abusers have warned the Victims that any contact with the Police will result in additional harm to her, her children, her relatives, and the property.
  • Statistics bear out this threat. Victims of domestic violence are more at risk for harm when attempting to leave their partners, either by going to a shelter, going to friends or relatives, seeking a divorce, or calling the police.
  • Additional reasons Victims of domestic violence fail to cooperate with the prosecution are:
    Some fear a violent reprisal from the Abuser if he thinks she is helping the Prosecution.
    Some do not understand the criminal justice system and are afraid of it.
  • Most Victims experience delays in the prosecution process, transportation costs, and days off work for attending court dates in which the case is continued.
  • Many believe they will receive no satisfaction from following through with the Prosecution.
  • Some are overwhelmed by feelings of guilt and shame that the abusive incidents are public.
  • Some reconcile with the Abusers, and do not want to have the abusive incidents remembered.
  • Some think they have obtained their goal regarding the apparent stopping of the violence, before the case goes to trial.

    How Can I Help to Get the Abuser Convicted of a Crime Committed Against Me?
  • Seek Medical Attention Immediately. Tell the emergency room personnel what happened to you. Ask that they take photographs of your injuries.
  • Make a Police Report because it will become evidence of the abuse, plus it can prove helpful to show past abuse, if the abuse continues.
  • Save Evidence. The police should gather the evidence of the abuse at the scene. You should keep it if the police will not take it with them. Evidence includes dated photographs of your injuries and/or damage to the home, torn clothing, any weapons used, copies of your medical records, and the names and statements from anyone who heard or saw the attack.
  • Ask the Prosecutor at the State's Attorney's office what you can do to help convict the Abuser of the crime being charged (for example, domestic battery or unlawful restraint). This will probably include your willingness to testify about the abuse in a Court hearing. However, once the Abuser hears that you are willing to tell the Court about the abuse at a hearing, many Abusers settle the case because they know the truth will come out. At that point, the Prosecutor may enter into plea negotiations with the Abuser, and you will not have to go to Court.