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

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Memorials and Battle Plans: September 11, 2014

9/11/2014

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Remembering those who died on 9/11.
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On September 11, 2001, terrorist activities killed nearly 3,000 people and wounded a nation. Nearly 400 of the dead were first responders trying to rescue those in need. Ceremonies will honor their memories in New York, Washington, and Pennsylvania, where they lost their lives.

In addition, we must honor the men and women who died serving our country in response to such acts. According to the Military Times Project Valor, over 6,800 service members have died in Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn.

There will be tributes given, names read, photos displayed, wreaths presented, memories relived, and tears shared. There will also be moments of silence. What do you think of during the silence? Who do you remember?

If you are too young to remember the events of that day, "eight personal stories of transformation" are available online at the 9/11 Tribute Center website (a project of the September 11th Families' Association).

As we remember the losses, we are faced with new terrorist threats. Perhaps we must also observe a moment of silence to consider how to best confront new threats of terrorism.

  • How do we protect our country and our people without losing our identity as a free nation?
  • How do we fight violence without becoming unrestrained aggressors?
  • How do we root out enemies without filling with hatred?

Wishing you peace.


Articles on memorials:

Alcindor, Yamiche and John Bacon, "Lower Manhattan, the world mark 9/11 anniversary," USAToday.com, Sept. 11, 2014.

Berman, Mark, "Remembrances in New York, Washington and Pennsylvania on anniversary of 9/11 attacks," WashingtonPost.com, Sept. 11, 2014.

Blindner, rachelle and Jonathan Lemire (AP), "Nation remembers the fallen on anniversary of Sept. 11 Attack," LawOfficer.com, Sept. 11, 2014.

DEA4912 on YouTube, "Homeward Angels: A 9/11 Tribute," (Before & After, Responding & Collapse, Memorial), Mar. 25, 2013.

Voices of September 11th, VOICES 9/11 Memorial, accessed Sept. 11, 2014.

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Time Served: The Prisoner the Court Forgot

5/6/2014

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Cornealious "Mike" Anderson committed robbery with a BB gun on Aug. 15, 1999. He was found guilty of armed robbery in 2000 and sentenced to serve 13 years...but he didn't.

Nor did he run or hide from the law. In fact, he remained in the St. Louis, Missouri, area. He inquired about serving his sentence and was told to wait for the court's instructions on reporting to prison (Officer.com, April 17, 2014) .

So he waited...and waited.

Because of a clerical error, he wasn't contacted for years which postponed his sentence. Anderson simply lived his life. He married and raised children. He worked and paid taxes. He updated his drivers license and ran three different businesses.

About the time Anderson should have completed his sentence, the Missouri Department of Corrections found the error and had a SWAT team pick him up at his home. Then he had to fight to be released.

“I never felt like a fugitive," Anderson said, "because a fugitive's someone that's running from the law. I never ran from the law. I was there" (UPI.com).

Tim Lohmar, the current prosecutor told TODAY, "I believe that if we allowed somebody to avoid an incarceration sentence, it's just a slippery slope’’ (UPI.com/TODAY.com).

Over 35,000 signatures on Change.org called for the state of Missouri to release Anderson. He served nearly a year in prison while waiting for his hearing.

"Mississippi County Associate Circuit Judge Terry Lynn Brown needed just a 10-minute hearing before ruling that he was giving Anderson credit for time served for all 4,794 days between his conviction and when he was arrested last year" (Officer.com, May 6, 2014).

On May 5, 2014, Mike Anderson walked out of court a truly free man.


Resources:

Hastings, Deborah, "Missouri man who never served sentence awaits prison term after leading crime-free life," NYdailynews.com, April 15, 2014.

Salter, Jim, "Man freed in Mo. delayed imprisonment case," Officer.com, May 6, 2014.

Salter, Jim, "Missouri convict was never told to report to prison," Officer.com, April 17, 2014.

Sevcik, JC, "Man who didn't serve prison sentence due to clerical error arrested 15 years later," UPI.com, April 15, 2014.

Stump, Scott, "Man who never served prison sentence on clerical error awaits fate," Today.com, April 15, 2014.



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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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Please Don't Let Me Go: Courage in Cleveland

6/7/2013

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A month after the surprising rescue of three women abducted long ago and one girl born into captivity in a Cleveland home, we can reflect on the courage of that day.

First, a standing ovation for Amanda Berry who found some way to get to the front door and gain the attention of neighbors on May 6, 2013. Despite the ever-present danger to her life, she saved her daughter, Gina DeJesus, Michele Knight, and herself.

A tribute to Amanda and her co-captives. While facing terror and deprivation, these young women garnered enough resiliency and courage to survive a ten- to twelve-year ordeal. "Three women found alive after a decade in captivity endured lonely, dark lives inside a dingy home where they were raped and allowed outside only a handful of times in disguises while walking to a garage steps away," www.officer.com.

A hug to Jocelyn (age 6), Amanda Berry's daughter born in captivity, who never knew any other life until last month. May she know the pleasures of freedom and childhood that were kept from her for her first six years.

Cheers to the families of the missing girls turned women who suffered for so long and yet, as much as circumstances allowed, dared to hope for a miracle. Thankfully that miracle came.

A huge high-five to neighbor Charles Ramsey, and possibly other neighbors, who responded to things that didn't look or sound right at 2207 Seymour Avenue. Thank you for taking action.

A salute to the officers who first responded to the scene: Anthony Espada, Barbara Johnson, Michael Tracy, Michael Simon, John Graves, Matt Cavanaugh, and the rest of the Cleveland Police Department. Three of the officers described finding the missing women and the impact on themselves in the video, "Cleveland Patrol Officers Recount Finding Missing Women." When Michelle Knight ran from Officer Espada to Officer Johnson, she grabbed hold of Johnson and said, "Please don't let me go. Please don't let me go." They didn't.

An apology to the family of the accused in this abduction and torture case. If only the accusations and blame could be washed away and directed only where they belong...only toward the one man accused of these crimes, Ariel Castro.

Kudos to the Cleveland community which is doing what it can for these crime survivors in the wake of the tragedy. They have initiated the Cleveland Courage Fund for the four victims of this series of crimes. It will provide financial support now and into the future. An Ohio lawmaker has proposed a bill that would provide abduction survivors with a lifetime of medical care, a college education, and $25,000 annually, (www.abcnews.go.com). I hope the community will also help protect the privacy of these four survivors.

Elizabeth Smart, who had been held captive for nine months as a teenager, told Good Morning America, "I think it’s so important to respect their privacy to try to help give them every chance they can to find their own way, to find their own pathway back to some sense of well-being," www.latimes.com

Jaycee Dugard, a woman who had been abducted as a child and then held captive for 18 years, made this statement to the LA Times: "These individuals need the opportunity to heal and connect back into the world...This isn't who they are. It is only what happened to them. The human spirit is incredibly resilient. More then ever this reaffirms we should never give up hope."

May the survivors begin their life-long recovery while the justice system continues the process of investigating and prosecuting the accused for his unconscionable acts.

Two ways you can act:
  • Cleveland Courage Fund: Make a direct contribution to the four who suffered most from this series of crimes. One-hundred percent of the funds will go to the three women and one child allegedly held captive by Castro. The fund had $850,000 as of June 7, 2013. Donate here: http://www.clevelandfoundation.org/about/cleveland-courage-fund/
  • The National Center for Missing and Exploited Children: Support the NCMEC in its ongoing efforts to locate missing children in the United States. You can help in many ways. Donate funds, stay informed, and/or spread the word about missing children in your area. Learn more here: http://www.missingkids.com/home



Resources:

Andolsen, Rita, "Cleveland Courage Fund Continues to Grow," www.wkyc.com, 6/7/2013.

Barr, Meghan, "More Details Come to Light in Ohio Kidnappings," www.officer.com, 5/9/2013.

Kiska, Paul, "Cleveland Courage Fund for Gina, Michelle, Amanda Climbs to $750,000 With More Ways to Help," www.newsnet5.com, 5/28/2013.

National Center for Missing & Exploited Children, "Statement from the National Center for Missing & Exploited Children on Recent Ohio Recovery," www.missingkids.com, 5/7/2013.

Ng, Christina, "Abducted Cleveland Women Bill Would Provide Them an Income, Education and Health Care," www.abcnews.go.com, 6/5/2013.

Pearce, Matt, "Elizabeth Smart, Jaycee Dugard React to Cleveland Kidnapping," www.latimes.com, 5/7/2013.

Plain Dealer staff, "Cleveland Police Video Interviews Officers Who Rescued Amanda Berry, Gina DeJesus and Michelle Knight," www.cleveland.com, 5/17/2013.

Yenko, Athena, "Police Recounts Emotional Cleveland Rescue of Amanda Berry, Gina de Jesus, Michelle Knight," www.au.ibtimes.com, 5/20/2013.


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History of Women in Law Enforcement: The Modern Era

4/8/2013

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Beginning in 1972, women found more opportunities in law enforcement, although they still faced many barriers. Progress continues to move slowly.

Equipment
In the early 70's, many women were still issued impractical uniforms that included skirts and heals. In wasn't until the late 70's that equipment belts designed for women were available.

There are still issues with uniforms, especially in departments with few women. According to Donna Milgram, executive director of the Institute for Women in Trades, Technology and Science (IWITTS), "Most gear is designed for male officers and is based on tests with male officers, and cut down versions don't really work for women. Improperly fitting equipment, and uniforms pose a health and safety hazard which could endanger the lives of police officers and of others" (Policeone.com)

Opportunities
President Richard Nixon's 1969 executive order ending the FBI's ban on hiring women as special agents had been a step in the right direction. However, the most significant piece of legislation to usher in the modern era of law enforcement for women came in 1972.

An amendment to the 1964 Civil Rights Act gave the Equal Employment Opportunity Commission (EEOC) power to enforce anti-discrimination laws for state and local government agencies--including police departments. Women began being hired in greater numbers, attending regular police academies, and receiving promotions to supervisory positions across the country. These advances were not showing up equally in every department.

"An analysis of the UCR data showed that most of the police agencies reporting to the FBI did not employ any policewomen in 2003," (Policechiefmagazine.org). While large agencies and campus police departments integrated women into patrol positions, many small, rural departments still do not have female officers.

Hiring officials say they hire the best person for the job, but complain that there are few female applicants (Pennlive.com). Recruitment still lags behind need.

Diversity is important in law enforcement. Chief James Adams of Upper Allen Twp. Police Department in Pennsylvania said, "If you look at our client base, we have significant victims, witnesses, people we arrest, who are female. I'm not saying it's 50-50, but right now we're 100 percent male as far as sworn staff" (Pennlive.com).

  • 1972: An amendment to the 1964 Civil Rights Act gave the EEOC power to enforce anti-discrimination laws for state and local government agencies.
  • 1980: The Equal Employment Opportunity Commission (EEOC) formally defined sexual harassment and classified it as a form of sexual discrimination under the Civil Rights Act of 1964.
  • 1985: Penny Harrington became first female police chief for a major city, (Portland, Oregon).
  • 1992: Jacquelyn Barrett elected as first black female sheriff (Fulton County, Georgia).
  • 1993: Margaret M. Moore, first female to serve as the head of an ATF field office (Baltimore, MD).
  • 1994: Beverly J. Harvard selected first African American woman to serve as chief of police for a large city, (Atlanta, Georgia).
  • 1995: The National Center for Women & Policing and the National Association of Women Law Enforcement Executives were founded.
  • 1999: Women in Federal Law Enforcement organization was incorporated.
  • 2003: The majority of U.S. agencies did not employ female law enforcement officers.
  • 2011: Women comprise 13% of law enforcement personnel.
  • 2013: Julia Pierson appointed by President Obama as first female Secret Service Director.

Social Barriers
"In 1973, a sergeant with the LAPD, Fanchon Blake, sued after she and other female police sergeants were not allowed to take the lieutenant's exam because they were women. She won. A similar lawsuit filed against the Los Angeles County Sheriff's Department by Sue Bouan in 1980 was eventually settled in 1988" (Policemag.com). These lawsuits helped improve hiring and promotional practices for women. However, some of the pioneers, like Bouman, confronted a backlash from peers for the rest of their careers.

Sexual harassment and hazing were common roadblocks for new female officers in the 1970's. Patty Fogerson, ret. detective supervisor III, worked as a police officer with the LAPD from 1969 to 1994. She talked about her early years on the department. "Phrases like sexual harassment and hostile work environment didn't exist back then. I was able to work robbery and detectives, background investigations, and was one of the first female drill instructors in the academy. I just got along and survived in the beginning, then things settled down" (Policemag.com).

As of 1998, there were few mentoring programs designed to support women in law enforcement (Policemag.com). Women in small departments where they may be the only female patrol officer sometimes find support through national organizations.

Benefits of Women in Law Enforcement
Rather than having a tendency to fuel an already violent situation, female officers are more likely to use communication skills to try to calm the situation. Some victims may find talking with female officers less intimidating than reporting to male officers. Chiefs point out that there are situations in which the department may open itself up to liability when only relying on male officers in sensitive situations with female victims and suspects.

While some are concerned about women not being as big and strong as some male officers, others don't see this as a major issue. There are many tools, including tasers and firearms, that simply do not rely on strength. In most situations, all officers would be better off if they relied on tactics and skills rather than strength.

Now that women play a more active role in the military, some female applicants bring military experience and tactical skills to the job.

Achievements
Although uncommon, women have served as police chiefs, sheriffs, and assistant directors of federal agencies. Women have formed supportive organizations including the International Association of Women Police, The National Center for Women & Policing, The National Association of Women Law Enforcement Executives, and Women in Federal Law Enforcement.

There are still firsts left for women in law enforcement. In fact, Julia Pierson was just selected by President Obama to be the Secret Service director on March 26, 2013. She will be the first woman to hold that post. After working as a police officer for three years at the Orlando Police Department, she joined the Secret Service. She rose through the ranks over the last 30 years (www.cfnews13.com). Some believe that she is entrusted with changing the male-dominated culture of the agency which allowed for a prostitution scandal in 2012 (Washingtonpost.com).

Progress
The International Association of Chiefs of Police released a report on "The Future of Women in Policing" (Criminaljusticeschoolinfo.com). These were their findings:

  • Given the variety of circumstances faced by law enforcement officers, it has been found that women can be just as effective and even more effective in certain scenarios.

  • Women often show a high degree of competency in intellectual and strategic situations and can diffuse potentially dangerous situations with great skill

  • Women still face discrimination, sexual harassment, and peer intimidation in their roles

  • As role models at higher levels of law enforcement increase, the number of women interested increases

  • The media has recently made a shift and portrayed women as competent and effective law enforcement personnel, which is helpful for changing societal assumptions

  • More than two-thirds of current criminal justice students polled are in support of additional women law enforcement officers

  • Women law enforcement officers are especially effective in carrying out the new community model of policing, which is less reactive and more proactive

Women's role in law enforcement has grown significantly in the last 140 years (see Women in Law Enforcement: The Early Years). Yet, women hold only 13% of law enforcement jobs, and only 7% of supervisory positions (Criminaljusticeschoolinfo.com). Many small departments still have no females among their sworn officers. Unlike their male counterparts, female officers frequently feel the need to prove themselves daily. Perseverance has allowed women to make contributions and attain increasingly more powerful roles in law enforcement.


Resources:

Criminal Justice School Info, "Women in Law Enforcement," www.criminaljusticeschoolinfo.com, (accessed 4-2-2013).

Horne, Peter, "Policewomen: Their First Century and the New Era," www.policechiefmagazine.org, September, 2006.

Miller, Barbara, "Female Police Officers are Rare but Sought After for Unique Skills," www.pennLive.com, 12-8-2012.

National Law Enforcement Officer Museum, "Women in Law Enforcement Photo Timeline," www.NLEOMF.org, (accessed 3-20-2013).

News 13, "Orlando's Julia Pierson Named 1st Woman Secret Service Head," www.cfnews13.com, 3-26-2013.

Scoville, Dean, "The First Female Patrol Officers," www.policemag.com, 9-21-2012.

Stone, Rebecca, "Sam Browne and Beyond: A Look at Duty Belts," www.policeone.com, Nov. 2000.

Wilson, Scott, "Obama to Name Julia Pierson as New Secret Service Director," www.washintonpost.com, 3-26-2013.

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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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Servare Vitas: The Hostage Rescue Team Hits 30

2/27/2013

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A hostage or terrorist situation may demand more tools and tactical expertise than first responders bring to the scene. When even the local SWAT team and state crisis negotiators aren't enough, law enforcement may call in the FBI's Hostage Rescue Team (HRT).

The 30-year-old program was developed in preparation for the 1984 Summer Olympics in Los Angeles. Extreme? No. Not after the world had witnessed terrorists abduct and murder 11 Israeli athletes at the 1972 games in Munich, Germany. At the time, only the military had the assets and training to deal with such a situation, but it could not deploy within the U.S.

                                                               HRT Motto: Servare Vitas
                                                                      "To Save Lives"


This civilian counterterrorism team has responded to nearly 800 incidents since 1983. "When needed, the team is prepared to deploy within four hours of notification to anywhere in the U.S. in response to terrorist incidents, hostage situations, and major criminal threats," FBI.gov. On occasion, they assist the military with sensitive situations in other countries.

High-Risk Missions
  • Terrorists
  • Hostage-takers
  • Violent criminals

Recently the HRT joined local law enforcement officers near Midland City, Alabama, to help rescue a 5-year-old boy, in an underground bunker, from his armed captor. They used military surveillance equipment to monitor activity in the 6 ft. by 8 ft. bunker. At the end of the 144-hour standoff, the boy was safe and the abductor was dead, DothanEagle.com.

The HRT had built a mock bunker to train for possible entry. "The FBI Hostage Rescue Team blew the doors off the bunker and shot dead the survivalist during the daring raid...after footage from a secret hi-tech camera showed the boy's life was in imminent danger," DailyMail.co.uk. The press kept many details confidential until the standoff ended. Any publicity could have tipped off the abductor and endangered the boy.

This tremendous success comes on the 30th anniversary of the team's founding. Not all of the team's actions are always praised. In 1993, the HRT was involved in the tragic standoff with the Branched Davidian sect in Waco, Texas. Seventy-four of the cult's members died during the siege, CBSNews.com. To see an overview of how the Hostage Rescue Team is supposed to work, view the FBI's new video, "Hostage Rescue Team Marks 30 Years."


Resources:

Collins, Laura and Thomas Durante and Rachel Quigley, "I Can't Describe How Incredible it is to Hold Him Again," DailyMail.co.uk, 2-5-2013.
FBI, "The Hostage Rescue Team: 30 Years of Service to the Nation," FBI.gov, 2-1-2013.
FBI, "Hostage Rescue Team Marks 30 Years," Youtube.com, 2-1-2013.
Frontline, "Waco: Chronology of the Siege," PBS.org, (accessed 2-25-2013).
Griffin, Lance, "Hostage Safe, Gunman Dead in Midland City Standoff," DothanEagle.com, 2-4-2013.
Miller, John, "Behind the Scenes of FBI's Secretive Hostage Rescue Team," CBS This Morning, CBSNews.com, 2-6-2013.




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Executions: Capital Punishment in Nebraska

2/20/2013

6 Comments

 

Updated 02/22/2013

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Capital punishment has been a fiercely debated issue in Nebraska since the drafting of the state's constitution. If you are interested in the history of Nebraska or criminal justice, I encourage you to watch the Nebraska Educational Telecommunications show ...Until He is Dead online. It includes an interview with descendants of the one man killed by the state of Nebraska who was later exonerated.

A total of 37 men have been executed by the state of Nebraska. Fifteen years after statehood, Nebraska conducted its first state execution by hanging, NETNebraska.org. Hanging continued to be the method of execution until 1913 when the state legislature took up the debate. They considered eliminating the death penalty. Instead, they kept it and changed the method to electrocution.

After using the electric chair 15 times, Nebraska ended up being the last state in the union with electrocution as its sole method for capital punishment. When stopping that practice in 2008, the seven-justice majority of the Nebraska Supreme Court ruled on the evidence of pain during electrocutions. "It is the hallmark of a civilized society that we punish cruelty without practicing it," CNN.com. Although never used, lethal injection has been the only option for capital punishment in Nebraska since 2009.

                                           Time Line of Capital Punishment in Nebraska

  • First execution by Nebraska territorial court, Cyrus Tator, August 28, 1863.
  • Nebraska became a state, March 1, 1867.
  • First legal execution in Nebraska, Samuel D. Richards, April 26, 1879.
  • Death of the only executed prisoner in Nebraska later exonerated, Jackson Marion, March 25, 1887.
  • A man was hanged twice after the rope broke on the first attempt, Albert Haunstine, May 20, 1891.
  • Last legal public hanging, George Morgan, October 8, 1897
  • Method of capital punishment changed from hanging to the electric chair, March, 1913.
  • First execution by electrocution (two men in one day), December 20, 1920
  • Most notorious criminal executed in Nebraska, Charles Starkweather, June 25, 1959.
  • U.S. Supreme Court blocked capital punishment, June 29, 1972.
  • Nebraska Supreme Court issued rulings on four death penalty cases in one day to clarify the use of capital punishment, February 2, 1977.
  • The last state execution to date, Robert Williams, December 2, 1997.
  • Nebraska Supreme Court ruled electric chair violates ban on "cruel and unusual punishment," February 8, 2008.
  • Lethal injection replaced electric chair as means of state execution, September 1, 2009.
 
         "There is a real easy way to avoid ever getting the death penalty. Don't kill anyone else."
                                                                                   --Nebraska Attorney General Jon Bruning


Early death sentences were carried out by the counties. Since 1903, death sentences have been carried out at the state penitentiary. Of the 70 inmates who have sat on Death Row in Nebraska, 23 have been put to death. One, Charles Starkweather, murdered 10 people on a killing spree in 1958. It was the kind of case in which it is easy for proponents to argue the merits of capital punishment.

                                                              "The state should not kill."
                                                                                   --Nebraska State Senator Ernie Chambers


In one case, this state took an innocent man's life. William Jackson "Jack" Marion was convicted of shooting to death a friend named John Cameron in 1887. The dead body was paraded into the court. The conviction came after three trials and little evidence. The Clerk of the Gage County Court recorded his sentence: "He shall be taken by the sheriff to the place of execution and be hanged by the neck until dead, dead, dead" NETNebraska.org. 

The Omaha Bee recorded Marion's final words on the gallows, "I have made no confession and have none to make. God help everybody. That is all I have to say" NETNebraska.org.  About four years later, someone who did not believe John Cameron was the dead man found him in Kansas and brought him back to Nebraska. It was a century later, in 1987, that Governor Bob Kerry signed a pardon for Jack Marion.

The history of the death penalty in Nebraska presents extreme examples of a state struggling to create a system of justice. How does it sit with your views on crime and punishment?


Resources:

Kelly, Bill, "Until He is Dead: A History of Nebraska's Death Penalty," NETNebraska.org, premiered 2-8-2013.
Kelly Omaha, "History of the Death Penalty in Nebraska," Dipity.com, 1-20-2013.
Mears, Bill, "Nebraska court bans the electric chair," Cnn.com, 2-8-2008.
Nebraska Department of Correctional Services, "Capital Punishment: Rules & Regulations," Corrections.state.ne.us, (accessed 2-20-2013).
Young, JoAnne, "Nebraska Electric chair becoming historical artifact," Journalstar.com, 6-26-2008.



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Puritanical or Educational: Views on Creative Sentences

1/31/2013

1 Comment

 
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As portrayed in Hawthorne's The Scarlet Letter, there was a time when Puritan society would punish offenders by shaming them. Some current creative sentences are ridiculed as nothing more than public shaming. However, others believe they are more valuable than jail time for nonviolent offenders.

Some judges devise teachable moments by ordering offenders to read books, tutor students, take classes, write reports, clean parks, send letters, or repaint buildings they had tagged with graffiti. For nonviolent offenders, these may be better punishments than having taxpayers pay the bill for jail sentences in already overcrowded facilities.

You may have read about the sentence given to an Ohio woman after she plead guilty for driving on a sidewalk, around a school bus, while children were exiting. In addition to a fine and suspended license, "Municipal Judge Pinkey Carr ordered Hardin to two days of standing on a corner during rush hour traffic, holding a sign that said, Only an idiot would drive on the sidewalk to avoid a school bus" (News.Yahoo.com)

Ohio State University law professor Doug Berman says, "When done well by the right folks with the right idea in mind, creative sentencing can be a good thing.  There are lots of folks for whom prison may do more harm than good, not just for themselves but for society” (Rockwallheraldbanner.com).

According to the Worcester Telegram, Massachusetts Western Worcester District Court Judge Paul L. McGill has five considerations when determining a sentence for a defendant:
  • Punishment
  • Rehabilitation
  • Protection of the Public
  • Restitution
  • Detriment to Society
“Jail time is one option, but we see people get released and re-offend time and time again, so obviously that doesn't work for them,” he explained. “Then we look at what else we can do” (Telegram.com).

Creative sentences are unusual punishments tailored to the crime and designed to rehabilitate the offender. Consider a few more extreme examples from the Web.

A mother and daughter (ages 56 and 35) stole a pair of gift cards from a girl in a Walmart. Rather than jail time, the two opted for probation and a 4 1/2 hour stint in front of the courthouse holding a sign that read, "I stole from a 9-year-old on her birthday! Don't steal or this could happen to you!" (Publicengines.com).

A Buffalo, N.Y., pizzeria owner charged with tax fraud was sentenced to pay back taxes and deliver 12 sheet pizzas to the City Mission every Tuesday for a year (WIVB.com).

Ohio Judge Michael Cicconetti is well-known for delivering unusual sentences. In one case, he sent a man who'd been charged with disturbing the peace to sit alone in the woods for an hour of silence. He had a woman spend a night in the woods after dumping more than 30 kittens, some of which died (Newsnet5.com).

After destroying a baby Jesus statue from in front of a church, Judge Cicconetti sentenced a couple "to lead a donkey through the streets with an apology sign saying: Sorry for the jackass offense" (Newsnet5.com). In a much harsher sentence, he sent a drunken driver to view two dead bodies from car accidents (Telegram.com).

Some deride these punishments. Asked by an ABC affiliate to explain his sentences, Cicconetti said, "Can't stone 'em anymore. If they learn from it, that's what justice is all about" (News.Yahoo.com).

No we can't stone them, not literally. Are sentences like the ones mentioned here well-suited to the crime, judicial bullying, or just wacky? You be the judge.

Resources:

  • Browning, John, "Letting Punishment Fit the Crime," Rockwallheraldbanner.com, 7-21-2012.
  • Christian Science Monitor, "10 Weird Criminal Sentences," News.Yahoo.com, 1-9-2013.
  • Gunter, James, "Creative Sentencing: Public Humiliation," Publicengines.com, 11-9-2009.
  • Hall, Lauran, "Creative Sentencing for Pizzeria Owner," WIVB.com, 10-19-2010.
  • Ring, Kim, "Judges Turning to Creative Sentencing," Telegram.com, 1-25-2013.
  • Seitz, Colleen, "Creative Sentences: Chicken Suits, Kiddie Pool, Blindfold, Jackass Offense Sign, Pigs," Newsnet5.com, 11-14-2012.


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Shame on Us: Barriers to Justice for Rape Victims

1/16/2013

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Victims of rape should not have to battle the rest of society in order to seek justice. Recent horrific gang-rape cases in India have highlighted that country's barriers to justice for those who have endured rape. Unfortunately those same types of cases and issues appear around the world as we see protesters in New Delhi and in Ohio.

Barriers to Justice (IN.Reuters.com)
  • Hostile police
  • Unsympathetic forensic examinations
  • Lack of counseling
  • Shoddy police investigations
  • Inadequate courts

Multiple sources accuse the law enforcement in India of being insensitive to women. Some community leaders join police in blaming victims for encouraging sexual attacks.

Outside of New Delhi, India does not have places that offer medical or psychological support for victims. Abhorrent physical exams further violate women.

"The collection, transport and storage of forensic evidence by police - a key component in rape cases - is also often poorly conducted, resulting in weak prosecutions, few convictions and lenient jail terms for convicted offenders" (IN.Reuters.com). A study in August 2012, indicated that over half of all acquittals were caused by inadequate police work (IN.Reuters.com). It is no wonder that many sexual assaults go unreported to police.

There are simply too few courts in India, leading to huge backlogs. Cases frequently take 5 to 10 years to be adjudicated. Victims and witnesses may be intimidated during that period. In some cases, families are persuaded to make their daughter marry the accused to avoid the "shame" associated with being a rape victim.

Indian society is not alone in these offenses and attitudes against women.

A parliamentary commission asked Daming Sanusi, a candidate for the Indonesian Supreme Court, what he thought about applying the death penalty in cases of rape. His inflammatory response: "Consideration needs to be taken thoroughly for the imposition of death penalty for a rapist because in a rape case both the rapist and the victim enjoy it" (CNN.com).

After being confronted with outrage over his statement, Sanusi apologized by saying that he had been nervous and had made a joke. "The controversy that sprung up around Daming mirrors outrage in the United States over remarks about rape made by Republicans Richard Mourdock and Todd Akin" (CNN.com).

Recently, social media has focused on videos, photos, and tweets about a 16-year-old female being sexually assaulted by football players from Steubenville High School in Ohio. Beyond the terrible attack is the apparent inhumane responses of nearly 50 witnesses to the event who recorded, discussed, and joked about the barbaric incident as if it were a sporting event (Toldedoblade.com).

A petition initiated by the women's rights group Ultraviolet is asking Ohio Attorney General Mike DeWine and special prosecutors "to prosecute anyone on the scene who took pictures, destroyed evidence, or otherwise failed to help the victim as well as the alleged rapists" (Socialtimes.com).

Those of us in the U.S. must not look down at our world neighbors in India when we read about a woman gang-raped on a bus, leaving her with brain and intestinal injuries that would take her life. We must reach out to them to help remove barriers to justice for rape victims everywhere.

RESOURCES:

  • Bhalla, Nita, "Analysis: How India's Police and Judiciary Fail Rape Victims," IN.Reuters.com, 1-16-2013.
  • Glenn, Devon, "Activists Demand Justice for Rape Victim Whose Ordeal was Posted to Social Media," Socialtimes.com, 1-4-2013.
  • Mandhana, Niharika and Anjani Trivedi, "Indians Outraged Over Rape on Moving Bus in New Delhi," NYTimes.com, 12-18-2012.
  • Mullen, Jethro, "Indonesian Judge in Hot Water for Suggesting Rape Victims Enjoy It," CNN.com, 1-16-2013.
  • Pitz, Marylynne, "Crowd Demands Justice for Steubenville Rape Victim," Toledoblade.com, Block News Alliance, 1-7-2013.
  • Timmons, Heather and Sruthi Gottipati, "Woman Dies After a Gang Rape That Galvanized India," NYTimes.com, 12-28-2012.



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

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