Posts tagged with: Law/Crime

Raphael Lemkin

Raphael Lemkin

This month marks the 100th anniversary of the Armenian Genocide – a systematic, murderous campaign carried out by the Ottoman Empire against its Armenian population, killing 1.5 million and leaving millions more displaced.

Though these atrocities have been verified through survivor accounts and historical records, to this day, not all countries have recognized the atrocities as “genocide” – the foremost being Turkey, along with others, including the United States.

In a Huffington Post article, “The United States Should Remember Raphael Lemkin’s Words and Formally Recognize the Armenian Genocide,” H.A. Goodman draws particular focus to Turkey’s animosity toward the genocide label, even threatening other countries that recognize the tragedy as genocide.

Most recently, Turkey’s resistance was displayed when Pope Francis referred to the slaughter as the “first genocide of the 20th century.” The Turkish government responded by recalling its ambassador to the Holy See.

But perhaps an even more shocking reality surrounding the Armenian Genocide is this: at the time the Ottoman Empire began exterminating the Armenians in 1915, its actions were not considered illegal. It would be another 33 years before genocide was named a crime under international law, through the United Nations’ adoption of the Convention on the Prevention and Punishment of the Crime of Genocide in 1948, after which the word “genocide” was created and used for the first time, only 4 years prior. For these two significant actions we have one man to thank, a largely unknown Polish-Jewish lawyer named Raphael Lemkin.

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Information TechnologyFor those fighting human trafficking, the battle is frustrating. Traffickers are typically one step ahead of law enforcement, and they are quite tech-savvy. Microsoft, along with other tech companies, is trying to change that.

According to Microsoft’s A. T. Ball:

Human trafficking is one of the largest, best-organized and most profitable types of crime, ranking behind only the illegal weapons and drug trades. It violates numerous national and international laws and has ensnared more than 25 million people around the world.

The problem is not merely one of criminal violence. The criminals who perpetrate and benefit from this trafficking are taking full advantage of information technology in plying their trade. We must work together to bring the advances in socio-technical research, privacy, interoperability, data sharing, cloud, and mobility to bear against trafficking.

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Notre_Dame_signEarlier today the Supreme Court threw out an appeals court decision that went against the University of Notre Dame over its religious objections to the Obamacare health law’s contraception requirement.

Last summer the high court ruled that Hobby Lobby Stores Ltd could, on religious grounds, seek exemptions from the contraception provision. Because this case, Notre Dame v. Burwell, was the only appeals court decision on the issue that pre-dated that ruling, the Supreme Court sent it back to the Seventh Circuit Court of Appeals to reconsider its decision ruling in light of the Hobby Lobby ruling.

Until now, Notre Dame was the only nonprofit religious ministry in the nation without protection from the HHS mandate. According to the Becket Fund for Religious Liberty, the federal government has relied heavily on the decision against Notre Dame in courts around the country, arguing that it should be able to impose similar burdens on religious ministries like the Little Sisters of the Poor.

“This is a major blow to the federal government’s contraception mandate. For the past year, the Notre Dame decision has been the centerpiece of the government’s effort to force religious ministries to violate their beliefs or pay fines to the IRS,” said Mark Rienzi, Senior Counsel of the Becket Fund, which filed an amicus brief in the case. “As with the Supreme Court’s decisions in Little Sisters of the Poor and Hobby Lobby, this is a strong signal that the Supreme Court will ultimately reject the government’s narrow view of religious liberty. The government fought hard to prevent this GVR, but the Supreme Court rejected their arguments.”

 

 

ssmweddingcakeThe U.S. judiciary has made it increasingly clear that the rights of conscience either do not apply or are strictly limited for people who own businesses that serve the public. We have an obligation to keep fighting against this injustice against this judicial tyranny, but in the meantime, what are business owners to do? How, for example, should they respond when forced to violate their conscience by serving a same-sex wedding?

That question has been recently debated on Public Discourse, the excellent website of the Witherspoon Institute, by Russell K. Nieli and Jeffery J. Ventrella. Both men agree it would be morally permissible and even commendable for business owners to avoid violating the law by ceasing to serve all weddings, whether traditional or same-sex, or even by ceasing operations completely and finding another line of work. But they disagree on other options. Nieli suggests it would be morally permissible for such shopkeepers to comply with the law and provide services to same-sex couples if they also announced publicly. Ventrella disagrees, arguing that complying with an unjust law is always morally wrong and thus that any shopkeeper implementing Nieli’s suggestion would be engaged in an action that is inherently immoral.

Robert T. Miller joins the debate and asserts that a shopkeeper who objects to sex-same weddings but who nevertheless provides services at such weddings generally acts in a morally permissible way if he acts to comply with a validly-enacted law, to preserve the goodwill of his business, and to make a just profit.
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ferguson-shootingSince last August, federal prosecutors and civil rights investigators have been investigating whether the killing of Michael Brown by Ferguson, Missouri police officer Darren Wilson was a civil rights violation. In an 86-page report released Wednesday, the Justice Department cleared the officer of any criminal wrongdoing or violation of civil rights in the shooting. Here are some highlights from that report.

• FBI agents independently canvassed more than 300 residences to locate and interview additional witnesses. Federal investigators also collected cell phone data, searched social media sites, and followed up on tips from citizens in order to investigate all sources of information. (p. 4)

• “The evidence, when viewed as a whole, does not support the conclusion that Wilson’s use of deadly were “objectively unreasonable” under the Supreme Court’s definition.” (p. 5)

• The investigation uncovered forensic evidence that confirms Brown reached into the police officer’s vehicle and punched and grabbed Wilson. Brown also grabbed Wilson’s firearm and attempted to wrestle control of it from the police officer, suffering a bullet wound to the hand during the altercation and leaving DNA evidence inside the vehicle. (p. 6).

• Brown was not shot in the back and there is no evidence he was shot while running away. Brown ran 180 feet away before turning back and advancing on Wilson. Wilson fired a total of 12 shots, 2 in the vehicle and 10 on the roadway, but only hit Brown 6-8 times, including the shot to the hand. Brown fell to the ground with his uninjured hand balled up in his waistband. (Wilson testified he thought Brown was reaching into his waistband for a weapon.) Evidence proves that Wilson did not touch Brown’s body after the shooting. (p. 7)

• All credible witnesses established that Brown was moving toward Wilson—“charging”, “moving slowly,” “running,” etc.—when he was shot. Although some witnesses state Brown held his hands up at shoulder level with his palms facing outward for a brief moment, these same witnesses describe Brown as dropping his hands and “charging” Wilson. (p. 8)
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o-SUPREME-COURT-BUILDING-facebookOne of the core principles of the Acton Institute is the importance of the rule of law: “The government’s primary responsibility is to promote the common good, that is, to maintain the rule of law, and to preserve basic duties and rights.”

While most conservatives would agree with this sentiment, there has recently been a lot of confusion about what defending the rule of law requires and entails. The most troubling mistake is the confusion of the rule of law with judicial supremacy, the view that the Supreme Court gets to have the “final say” on the meaning of the Constitution and that the other branches of government may not contradict it.

As Carson Holloway says, conservatives should defend the Constitution and the rule of law, but they should not defend judicial supremacy. The Constitution—not the Supreme Court—is our country’s highest authority:

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Blog author: jballor
Friday, February 27, 2015
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Leonard Nimoy by Gage Skidmore 2.jpgAt the prodding of my friend Victor Claar, here’s a plea based on the significance of the Vulcan salute pioneered by Leonard Nimoy, who passed away today at the age of 83.

Mr. Spock would wish someone farewell by saluting them and saying, “Live long and prosper.” Other Vulcans or those in the know might respond, “Peace and long life.”

Things go in cycles, and we’ve been hearing a lot about “flourishing” lately. I’m a bit tired of it, frankly, and am making a plea for speaking about “prosperity” instead.

At least for today, that seems appropriate (and as long as we remember that, as the preacher of true prosperity put it, “Life does not consist in an abundance of possessions.”).

For more on the religious heritage of the Vulcan salute, check out its origin story.

Fail-Debtors-Prison-Poor-TaxWhile payday loans can help some people out of a financial jam, they tend to prey on the poor and create a usury situation. Now that same predatory financial monster is moving into a new territory: bonds, courts fees and fines.

Take the case of Kevin Thompson, a 19-year-old who was fined for speeding and failure to renew his license. Although he had a job, he could not afford to pay the $810 fine the court handed down. What happens next sounds Kafka-esque: (more…)

One of the trailers used by Signal, International to house workers

One of the trailers used by Signal, International to house workers

While sex trafficking gets a lot of attention in the media, labor trafficking is actually more common. It largely affects middle-aged men, most of whom are looking for ways to support themselves and their families. Often faced with overwhelming poverty, these men make ill-informed and risky choices, hoping that what they are being told by potential employers is true.

In a landmark case, a Gulf Coast company, Signal International, has been ordered to pay $14 million in damages to men they had “hired” from India.

After more than four weeks of testimony and several days of deliberations, the jury found that marine construction company Signal International and its agents engaged in human trafficking, forced labor and racketeering, among other violations. (more…)

dark webWe all use search engines every day. Don’t know a word? Google it. Can’t remember exactly what that restaurant’s address was? Yahoo will know.

These search engines (and others) are extremely helpful for our everyday lives; they help us shop, do our jobs, attend to school work and link us to entertainment and games. However, they only scratch the surface of the world wide web. Under that surface is the Dark Web, and it is the playground of human traffickers. Until know, it was nearly impossible to search the Dark Web in order to track down such illegal activity. (more…)