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"I think the first duty of society is justice."
--Alexander Hamilton

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Death Row Dilemma: Organ Donation at the 11th Hour

11/14/2013

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Here is a new twist to the moral issues surrounding capital punishment: Should a condemned prisoner be allowed to donate organs after sitting down to his last meal? This is the question being asked by Ohio Governor John Kasich after postponing an execution yesterday (November 13, 2013).

According to The Columbus Dispatch, Governor Kasich said he stopped the execution "so that medical experts can assess whether Phillips' non-vital organs or tissues can be donated to his mother or possibly others...I realize this is a bit of uncharted territory for Ohio, but if another life can be saved by his willingness to donate his organs and tissues, then we should allow for that to happen," www.dispatch.com.

PHILLIPS' HISTORY
In 1993, Ronald Phillips, 40, was convicted of raping and murdering his girlfriend's 3-year-old daughter. He served his term without expressing concern for the life and well-being of others. In fact, he waited until all of his appeals had been exhausted before offering to donate his kidney to his mother who is on dialysis and his heart to his sister who has a heart ailment. Now he is apparently willing to donate organs to others as well.

"Ohio's prison medical policy accommodates organ donations, but prison officials rejected the request, saying it came too late to work out logistics and security concerns," www.abclocal.go.com.

Although a Delaware death row inmate donated a kidney to his mother in 1995, "he was not facing imminent execution like Phillips," www.independent.co.uk

STAY OF EXECUTION
Phillips was eating his last meal when he got word of the reprieve. The Ohio Governor stayed the execution to further explore the possibility of Phillips donating non-vital organs...not his heart. Richard Dieter, of the Death Penalty Information Center, said that this is the first time that a stay of execution was granted based on the request to donate organs, www.bbc.co.uk.

NEXT STEPS
If Phillips  is a viable donor and the procedure is approved, he would be returned to Death Row afterward to await his new execution date of July 2, 2014. Ohio prison policy dictates that any such surgeries be paid for by Phillips or the recipients.

WHAT DO YOU THINK?
I am a big proponent of organ donation, but this adds layers of complicated ethical and technical dilemmas. This might be a last-minute ploy to buy time for a man facing death. We could ignore Phillips' motives and allow for the organs to benefit others. Then again, maybe this request came too late.



Resources:

  • Associated Press, "Ohio Execution Stay for Ronald Phillips for Possible Organ Donations," www.abclocal.go.com, November 14, 2013.
  • BBC, "Ohio Execution Stayed Over Organ Donation Request," www.bbc.co.uk, November 14, 2013.
  • Johnson, Alan, "Kasich Postpones Execution of Inmate Who Wants to Donate Organs," www.dispatch.com, November 14, 2013.
  • Saul, Heather, "Ronald Phillips Ohio Execution Delayed by Judge after Organ Donation Request," www.independent.co.uk, November 14, 2013.

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Big Hand: Violence Against Women Act Reinstated

3/8/2013

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Yesterday President Barack Obama signed the Violence Against Women Act (VAMA) into law. Not only does it reinstate the earlier VAMA provisions which helped women who suffered domestic violence and sexual assault, it also extends protections to lesbians, gays, immigrants, and Native Americans.

"All women deserve the right to live free from fear," President Obama said, (USAToday.com)

Last year the Congress failed to come to an agreement to reauthorize the act. This year, the Senate passed the bill on a 78-22 vote which included every Democrat, every woman, and 23 of 45 Republicans. An attempt to remove the protections for new groups was eventually rejected and the bill passed the House on a 286-238 vote, (FOXnews.com).

"The Violence Against Women Act has set the standard for how to protect women, and some men, from domestic abuse and prosecute abusers and is credited with helping reduce domestic violence incidents by two-thirds since its inception in 1994," (Bostom.com).

Selected VAMA Provisions
  • Enables domestic violence crimes against women to be prosecuted in federal courts
  • Prevents service providers from refusing services to gay, lesbian, transgender and bisexual victims of domestic violence
  • Offers grants for transitional housing and legal assistance
  • Offers grants for law enforcement training and hotlines
  • Reauthorizes the Trafficking Victims Protection Act
  • Allows Tribal Courts to prosecute non-native attackers of Native American women on tribal lands
  • Adds stalking to the list of crimes for which protection is available to undocumented immigrants
  • Supports programs to reduce sexual assaults on college campuses
  • Authorizes programs to reduce the backlog of rape investigations

Native American women experience domestic violence at roughly twice the rate of the general U.S. population. Although Native American Tribes are legally sovereign nations, U.S. federal law and Supreme Court rulings have not enabled Tribal Courts to exert jurisdiction and prosecute non-native American perpetrators of crimes on their lands.

This is a huge barrier to justice for Native American women, nearly half of whom are married to non-American Indians. In fact, nearly "77 percent of people living in American Indian and Alaska Native areas are non-Indian, according to a recent Census report," (AP.org). The latest version of the Violence Against Women Act will change that in regard to domestic violence.

‘‘One of the great legacies of this law is it didn’t just change the rules, it changed our culture. It empowered people to start speaking out,’’ Obama said, (Boston.com)


Resources:

Associated Press, "Congress Passes Bill Renewing Violence Against Women Act," FoxNews.com, 2-28-2013.
Cohen, Tom, "House Passes Violence Against Women Act After GOP Version Defeated," CNN.com, 2-28-2013.
Fonseca, Felicia, "Law Gives Tribes New Authority Over Non-Indians," AP.org, 3-7-2013.
Jackson, David, "Obama Signs Renewal of Violence Against Women Act," USAToday.com, 3-7-2013.
Lederman, Josh, "Obama Signs Expanded Violence Against Women Act," Bostom.com, 3-7-2013.
Parker, Ashley, "House Renews Violence Against Women Measure," NYTimes.com, 2-28-2013.


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CSI on Trial: False Confessions & Fake Evidence

10/10/2012

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My husband and I have ordered seed from the Stock Seed Farms in Murdock, Nebraska, many times over the years. We even drove there once to pick up seed and admire fields of prairie grasses such as Big Bluestem and Little Bluestem. Like most Nebraskans, we were shocked to hear that owners Wayne and Sharmon Stock had been murdered in their home in 2006.  There were more surprises during the investigation of those murders that shook law enforcement and citizens in Nebraska.

Nebraska Educational Telecommunications (NET) has produced a one-hour documentary on the case investigation and the evidence initially used to hold two innocent men in jail. It shows the involvement of ex-CSI chief David Kofoed, who has since been sentenced to prison. Kofoed maintains his innocence.

I have to agree with Judge Rehmeier's statement in the Lincoln Journal Star: "Nothing should undermine the confidence in the system." The evidence tampering for which Kofoed was found guilty threatened the lives of innocent men and jeopardized the hunt for the real killers. It also made it harder for other law enforcement investigators to prove their credibility.

The good news is that the innocent men are now free, the guilty are in prison, and Kofoed is no longer working CSI. If you are interested in crime, justice, or murder mysteries, watch NET's CSI on Trial online or on your television.

  • CSI on Trial (schedule and links), Nebraska Educational Telecommunications, 2012
  • Extended video excerpts and documents from the investigation (Available mid-November 2012)
  • "Ex-CSI chief Kofoed sentenced to prison," Lincoln Journal Star, June 01, 2010
  • "Was Nebrask Couple's Murder Revenge or Random?" ABC 20/20, September 3, 2010

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National Day of Remembrance for Murder Victims

9/26/2012

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I can only hope that you are not one of the many people who have lost a family member or friend to murder. Yet, many were hit by the loss of one of the nearly 14,000 U.S. murder victims in 2011. We need to honor their memories on National Day of Remembrance for Murder Victims.

Little makes people more angry at the criminal justice system than the notion that accused criminals seem to have more rights than crime victims. "If the criminal justice systems of the world were private companies, they would all go out of business, because half of their main customers--that is, the victims of crime--are dissatisfied with their services," said Jan Van Dijk, Principal Officer of the United Nations Centre for International Crime Prevention.

According to the National Organization for Victim Assistance, most states in the U.S. do indicate the need and intent to protect Crime Victims' Rights in their statutes or constitutions. Common victims' rights include:

  • The right to protection from intimidation and harm.
  • The right to be informed concerning the criminal justice process.
  • The right to reparations.
  • The right to preservation of property and employment.
  • The right to due process in criminal court proceedings.
  • The right to be treated with dignity and compassion.
  • The right to counsel.

If you or someone you know has been the victim of a crime, seek groups and agencies to provide assistance and to protect your rights. In the U.S., the National Crime Victim Law Institute provides a Victim Resource Map to get started.

Remember that crime statistics aren't just numbers. They represent people.

  • The National Center for Victims of Crime: http://www.victimsofcrime.org
  • Directory of Crime Victim Services: http://ovc.ncjrs.gov/findvictimservices/
  • Parents of Murdered Children (1-888-818-7662): http://www.pomc.com/

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Hoping for a RAINN Day to Fight Sexual Violence

9/19/2012

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Like other states, Nebraska is experiencing "exceptional" drought. The September 11, 2012 U.S. Drought Monitor map shows the extent of the emergency.

I don't know how to get more rain to fall on parched ground, but I have found another kind of RAINN Day to promote as a way of combating sexual violence.

"Every 2 minutes, someone in the U.S. is sexually assaulted," according to RAINN, The Rape, Abuse & Incest National Network. Of those victims, 80% will be under the age of 30, 44% will be under the age of 18 (http://www.rainn.org/statistics). College students are encouraged to host events to raise awareness of sexual violence on RAINN Day, Thursday, September 27, 2012.

Consider conducting an event of your own. Some of last year's RAINN Day events are highlighted in Cosmopolitan.

For instance, at Indiana University of Pennsylvania, 40 umbrellas were painted with sexual assault information and placed on the ground in the grove. The Undergraduate Student Government at Boston College wore matching t-shirts printed with "Sexual Assault Awareness Day" and the local hotline number. Elsewhere in the nation, campuses held raffles, symposia, screenings of The Girl with the Dragon Tattoo, and activities such as chalking statistics on campus sidewalks.

Do your own RAINN dance on your campus or in your community. Check out the RAINN website or call these numbers for more information on preventing or responding to sexual violence.

  • Rape, Abuse & Incest National Network Website: http://www.rainn.org/
  • National Sexual Assault Hotline: 800-656-HOPE (4673)
  • National Domestic Violence Hotline: 800-799-SAFE (7233) or 800-787-3224 (TDD)



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    Author

    Laura Cooper lives in Nebraska and writes crime fiction and a wide range of short stories from her family farm.

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