Posts tagged with: Law/Crime

prison-rape-ad“Prison rape occupies a fairly odd space in our culture,” wrote Ezra Klein in 2008, bringing to the fore a subject that is still too often ignored. “It is, all at once, a cherished source of humor, a tacitly accepted form of punishment, and a broadly understood human rights abuse.”

We are justifiably outraged by the human rights abuses occurring in foreign lands. Why then are we not more outraged by atrocities here in our own country? Our reactions to the problem range from smirking indifference to embarrassed silence. But how can we be indifferent and silent when, as reports by the National Prison Rape Commission continue to show, rape and other forms of sexual assault are becoming endemic to our prison system?

In 2004 the corrections industry estimated that 12,000 rapes occurred per year—more than the annual number of rapes reported in Los Angeles, Chicago and New York combined. Three years later a survey by the U.S. Department of Justice found that more than 60,000 inmates claimed to have been sexually victimized by prison guards or other inmates during the previous 12 months.
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7figures“Inmates are still people, and therefore need to be treated as such, with all the challenges and potential that face all human persons,” says Acton research fellow Jordan Ballor. “One of the things it means to treat someone with the dignity they deserve as a human being is to not subject them to conditions where the threat of rape is rampant.”

Earlier this year, the Bureau of Justice Statistics reported on one of the most overlooked threats to prisoner dignity — sexual victimization by correctional authorities. Here are seven figures from that report:
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article-photo-Elaine“This ruling is more in the spirit of Nero Caesar than in the spirit of Thomas Jefferson,” said Russell D. Moore. “This is damaging not only to the conscience rights of Christians, but to all citizens.”

Moore, the president of the Ethics & Religious Liberty Commission, was responding to the U.S. Supreme Court’s refusal to rule on a case involving Elane Photography and its owners Jonathan and Elaine Huguenin. According to the Alliance Defending Freedom (ADF), Elaine received an email in 2006 asking her to photograph a “commitment ceremony” between Vanessa Willock and her same-sex partner. Willock asked if Elaine would be “open to helping us celebrate our day . . . .” Elaine politely declined to use her artistic talents to express a celebratory message at odds with her deep convictions. (Elaine had previously declined requests from others for things such as nude maternity photos.)

Willock, a licensed attorney who has served in various paid “diversity” positions, filed a complaint with the New Mexico Human Rights Commission. After a one-day administrative trial in 2008, the commission ruled against the Huguenins and ordered them to pay $6,637.94 in attorneys’ fees. The case made its way through the state court system, with the New Mexico Supreme Court ultimately affirming the commission’s coercive decision. In an ominous concurring opinion, one justice wrote that the Huguenins “now are compelled by law to compromise the very religious beliefs that inspire their lives,” adding “it is the price of citizenship.”

ADF attorneys representing the Huguenins are presenting only one claim to the U.S. Supreme Court—that the punishment of Elane Photography violates the constitutionally protected freedom “not to speak,” known as the compelled speech doctrine.

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hobbylobby1The Supreme Court recently heard oral arguments in the Hobby Lobby contraception case. But which arguments will have the most influence on the justices? Michael McConnel, a respected Religion Clauses scholar from Standford, explains which four arguments are most likely to be important:

Cutting through the politicized hype about the Hobby Lobby and Conestoga case (“Corporations have no rights!” “War on Women!”) the Justices during oral argument focused on four serious legal questions, which deserve a serious answer:

(1)  Could Hobby Lobby avoid a substantial burden on its religious exercise by dropping health insurance and paying fines of $2,000 per employee?

(2)  Does the government have a compelling interest in protecting the statutory rights of Hobby Lobby’s employees?

(3)  Would a ruling in favor of Hobby Lobby give rise to a slippery slope of exemptions from vaccines, minimum wage laws, anti-discrimination laws, and the like?

(4)  Has the government satisfied the least restrictive means test?

I think the answer to all four questions is “no.” I offer brief thoughts on each below.

Read more . . .

wallet-lockWhen bank robber Willie Sutton was asked why he robbed banks, he is (mis)quoted as having said, “Because that’s where the money is.” Turns out that is also why there is more street crime in poorer neighborhoods: because that’s where the cash is. Or at least it’s where the case was.

It has been long recognized that cash plays a critical role in fueling street crime due to its liquidity and transactional anonymity. In poor neighborhoods — where street offenses are concentrated — a significant source of circulating cash stemmed from public assistance or welfare payments. But starting in the 1990s that changed, as the Federal government gradually phased out paper welfare checks in favor of electronic debit cards (the Electronic Benefit Transfer [EBT] program).

A team of researchers studied the effects of this change in Missouri and found that it was directly responsible for a hefty 10 percent drop in the overall crime rate:
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protestersgaAs noted previously this week, U.S. District Judge Lewis Kaplan shot down a $9.5 billion (reported in some news accounts as $6 billion) judgment against Chevron for allegedly bespoiling Ecuadorian wilderness in cahoots with PetroEcuador. Judge Kaplan exonerated Chevron, and had some particularly nasty things to say about Steven Donziger, the attorney who sued the oil company for $113 billion.

I pointed out that Donziger’s since-discredited claims were taken up quickly by religious shareholder activists, many who submitted resolutions requesting that Chevron concede to Donziger’s extortion. Attach the “environmental disaster” epithet to any given legal claim and some leftists will buy it at face value. Mother Superior jumped the gun – before waiting for the courts to determine if Chevron would be exonerated. Indeed, Donziger’s charges were found without merit – as well as completely fraudulent, and the initial judgment rendered by the Ecuadorian court was found to have resulted from bribery, coercion and a vast public relations conspiracy consisting of half-truths, lies and bald-faced lies. (more…)

Billboard_Anti_Trafficking_I_45Let’s stick with the hunting metaphor for a moment. In terms of our justice system, “johns” have pretty much been “catch and release.” You catch the (usually) guy, slap him with a misdemeanor, and let him go. Don’t want to embarrass him, his family, put his job in jeopardy.

Thankfully, with rising awareness of human trafficking, this is changing. In today’s New York Times, columnist Nicholas Kristof sheds some light on what’s happening in Chicago. (more…)

Actress Brooke Shields in 1978's 'Pretty Baby'

Actress Brooke Shields in 1978′s ‘Pretty Baby’

No child chooses to be a prostitute. No 11 year old girl spreads out her Barbies on her bed on a rainy Saturday afternoon to play “hooker and john.” No teenage girl doodles her way through geometry class, dreaming about hitting the streets to have sex with a dozen nameless men that night.

“Child prostitute?” There is no such thing. Let’s banish the phrase, call it slavery and work to solve the issue.  Because stories like Tami’s and Sandra’s are too common, too horrific, and too real:

A pimp kidnapped Tami on her way home from school in Los Angeles. He held her captive for six months, raping, beating and starving her. At night, he sold Tami for sex with other men. Tami tried to escape by telling every john who purchased her that she was only a kid. For months, Tami pleaded with her buyers: “I’m only 15. Can you please take me to a police station?” But none did. When she finally encountered police officers, they did not rescue her; they arrested her…Sandra ran away from an abusive foster care home in Florida at 12. She was found at a bus stop by a pimp who promised to love and care for her forever. He sold her to at least seven men a night. Finally she, too, was arrested, for child prostitution.

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Notre_Dame_Golden_Dome1Notre Dame University announced yesterday that it will comply with the HHS mandate requiring employers to include contraception, abortifacients and abortion coverage in health care packages for employees. The university made the announcement after a federal judge last week denied the university’s request for exemption of the Obama administration’s law. An emergency stay was also denied by the Seventh District Court of Appeals. Failure to comply with the law means the university would now have to pay fines of $100 per day for each employee.

The university decided to comply with the “accommodation” offered by the Obama administration:

Having been denied a stay, Notre Dame is advising employees that pursuant to the Affordable Care Act, our third party administrator is required to notify plan participants of coverage provided under its contraceptives payment program,” said Paul Browne, Notre Dame’s vice president for public affairs and communications, according to WNDU. “As part of an ongoing legal action, however, the program may be terminated once the university’s lawsuit on religious liberty grounds against the HHS mandate has worked its way through the courts.”

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Judge Andrew S. Hanen, a federal district judge in Brownsville, Texas, is accusing the Obama administration’s Department of Homeland Security of being complicit in human trafficking from Mexico.

Here is what appears to be happening: a parent pays a “coyote” or smuggler in Mexico to bring the parent’s child from Mexico to the United States, illegally. Typically, these coyotes are smuggling drugs as well. When DHS captures the coyotes, they will then often “deliver” the smuggled child to the parent, despite the illegality of the situation. However, many children are held held for ransom by coyotes that are not arrested by DHS, or are subjected to sex trafficking.

Megyn Kelly of Fox News, discusses the situation with documentary filmmaker Dennis Michael Lynch.

Read “Federal Judge: The Obama Administration Aids and Abets Human Trafficking” at National Review Online.