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Palin abused power, fired state official over family feud
The running mate of US Republican presidential candidate John McCain has been found guilty of an abuse of power, according to a state legislature probe.
Alaska's Governor Sarah Palin was accused of sacking a senior state official over a family feud.
But the McCain-Palin campaign team said that the report showed Mrs Palin acted within "proper and lawful authority".
The report could have an impact on Republican hopes of winning next month's US presidential election.
"I find that Governor Sarah Palin abused her power by violating Alaska Statute 39.52.110 (a) of the Alaska Executive Branch Ethics Act," investigator Steve Branchflower concluded in the panel's 263-page report.
Mrs Palin has always denied any wrongdoing, and her supporters say the charges were motivated by her political opponents.
"This was a partisan-led inquiry run by [Democratic candidate Barack] Obama supporters and the Palins were completely justified in their concern," a McCain campaign spokesperson said.
Mrs Palin was accused of dismissing Mr Monegan for refusing to sack a state trooper who was in a bitter custody battle with her sister.
The report concluded a family grudge was not the sole reason for the dismissal, but was a likely contributing factor.
However, the report said that the actual sacking of Mr Monegan was not beyond Mrs Palin's legal powers.
Speaking after a bipartisan investigating panel reached its decision on what has become known as Troopergate, Mr Monegan said he felt "vindicated".
"It sounds like they've validated my belief and opinions," he said. "And that tells me I'm not totally out in left field."
Ethical violation
The panel found Mrs Palin in violation of a state ethics law prohibiting public officials from using their office for personal gain.
Legislators do not have the power to take formal legal action against the governor; that would be up to Alaska's Personnel Board.
If the Board decides Mrs Palin violated state law, the case will be referred to the president of the state Senate.
Mrs Palin's lawyer said that the report had not been conclusive.
"In order to violate the ethics law, there has to be some personal gain," said Thomas Van Flein.
"Mr Branchflower has failed to identify any financial gain."
And Alaskan state Senator Gary Stevens, a Republican, said there were "some problems" with the finding.
Palin's supporters say the probe was politically motivated
"I would encourage people to be very cautious, to look at this with a jaundiced eye," said Senator Stevens, after the report's release was announced.
Several Republican politicians had earlier attempted to have the investigation stopped on the grounds that it was politically motivated.
The investigation into the affair began before Mr McCain selected Mrs Palin as his running mate in August.
The US presidential race has now become so polarised both Republicans and Democrats will likely see the report's findings as vindication for their own trenchant views about Mrs Palin, says the BBC's Richard Lister in Washington.
Alaska's governor will either be seen as the victim of a Democratic party hatchet job, or a hypocrite.
*more at link*
- If this doesn't get McCain/Palin thrown out of the Presidential Race, then there's no hope for America. The running mate of US Republican presidential candidate John McCain has been found guilty of an abuse of power, according to a state ... more -
Kids who photograph themselves naked are child pornographers and sex offenders
A fifteen year old girl in Newark, OH faces being labelled a "sex offender" for sending naked cellphone photos of herself (a minor) to other minors. If convicted, she'll spend the next ten years on public registries, classed as a producer of child pornography. No word on what compensation she (as the victim of the crime) will be able to get from herself (as the perp).
According to Ohio law, 2907.323(A)(3) states anyone possessing material that shows a minor in a state of nudity is guilty of a fifth-degree felony. The violation also might qualify the juvenile as a Tier I sexual offender, which requires annual registration for a decade.
The section of the law the girl, who is a foster child, was charged with allows parents or guardians to take photos of their unclothed children for a list of acceptable purposes but does not provide an exemption for the child themselves. A fifteen year old girl in Newark, OH faces being labelled a "sex offender" for sending naked cellphone photos of herself (a... more -
Mexican marijuana cartels sully US forests, parks
PORTERVILLE, Calif. - National forests and parks — long popular with Mexican marijuana-growing cartels — have become home to some of the most polluted pockets of wilderness in America because of the toxic chemicals needed to eke lucrative harvests from rocky mountainsides, federal officials said.
The grow sites have taken hold from the West Coast's Cascade Mountains, as well as on federal lands in Kentucky, Tennessee and West Virginia.
Seven hundred grow sites were discovered on U.S. Forest Service land in California alone in 2007 and 2008 — and authorities say the 1,800-square-mile Sequoia National Forest is the hardest hit.
Weed and bug sprays, some long banned in the U.S., have been smuggled to the marijuana farms. Plant growth hormones have been dumped into streams, and the water has then been diverted for miles in PVC pipes.
Rat poison has been sprinkled over the landscape to keep animals away from tender plants. And many sites are strewn with the carcasses of deer and bears poached by workers during the five-month growing season that is now ending.
"What's going on on public lands is a crisis at every level," said Forest Service agent Ron Pugh. "These are America's most precious resources, and they are being devastated by an unprecedented commercial enterprise conducted by armed foreign nationals. It is a huge mess."
The first documented marijuana cartels were discovered in Sequoia National Park in 1998. Then, officials say, tighter border controls after Sept. 11, 2001, forced industrial-scale growers to move their operations into the United States.
Rest of story:
http://news.yahoo.com/s/ap/20081011/ap_on_re_us/pot_env... PORTERVILLE, Calif. - National forests and parks — long popular with Mexican marijuana-growing cartels — have become home to some of t... more -
"Justice" in Florida's Supreme Court?
Documents missing from its files, and clerks signing orders without the approval of any justices much less than the number required according to Florida's Constitution.
Watch this and you will no longer wonder why those in the judicial reform community say, "There are those who believe in America's justice system and those who have experience with it."
I am not an attorney. Nothing in this or the groups message should be considered legal advice. If you need legal advice, please consult an attorney licensed by your state bar association.
"Laws are made for men of ordinary understanding and should,
therefore, be construed by the ordinary rules of common sense.
Their meaning is not to be sought for in metaphysical subtleties
which may make anything mean everything or nothing at pleasure."
-- Thomas Jefferson (letter to William Johnson, 1823) Documents missing from its files, and clerks signing orders without the approval of any justices much less than the number required ac... more -
Martin Dyckman on A Most Disorderly Court
Judicial misconduct is one of the biggest problems we face when expecting justice in our courts. Accountability is key in keeping corruption out of our system, but yet politics keeps it corrupt and lacking in any justice. Judicial misconduct is one of the biggest problems we face when expecting justice in our courts. Accountability is key in keeping corr... more
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The Uniform Child Custody Jurisdiction and Enforcement Act
The UCCJA was adopted as law in all 50 States, the District of Columbia, and the Virgin Islands. A number of adoptions, however, significantly departed from the original text. In addition, almost thirty years of litigation since the promulgation of the UCCJA produced substantial inconsistency in interpretation by state courts. As a result, the goals of the UCCJA were rendered unobtainable in many cases.
In 1980, the federal government enacted the Parental Kidnaping Prevention Act (PKPA), 28 U.S.C. � 1738A, to address the interstate custody jurisdictional problems that continued to exist after the adoption of the UCCJA. The PKPA mandates that state authorities give full faith and credit to other states' custody determinations, so long as those determinations were made in conformity with the provisions of the PKPA. The PKPA provisions regarding bases for jurisdiction, restrictions on modifications, preclusion of simultaneous proceedings, and notice requirements are similar to those in the UCCJA. There are, however, some significant differences. For example, the PKPA authorizes continuing exclusive jurisdiction in the original decree State so long as one parent or the child remains there and that State has continuing jurisdiction under its own law. The UCCJA did not directly address this issue. To further complicate the process, the PKPA partially incorporates state UCCJA law in its language. The relationship between these two statutes became "technical enough to delight a medieval property lawyer." Homer H. Clark, Domestic Relations � 12.5 at 494 (2d ed. 1988).
As documented in an extensive study by the American Bar Association's Center on Children and the Law, Obstacles to the Recovery and Return of Parentally Abducted Children (1993) (Obstacles Study), inconsistency of interpretation of the UCCJA and the technicalities of applying the PKPA, resulted in a loss of uniformity among the States. The Obstacles Study suggested a number of amendments which would eliminate the inconsistent state interpretations and harmonize the UCCJA with the PKPA.
Much more in link The UCCJA was adopted as law in all 50 States, the District of Columbia, and the Virgin Islands. A number of adoptions, however, signi... more -
Lieberman: Tell McCain to Stop Inciting Hate - The Petition Site
This is out of control... While I was watching CNN last night, a segment of a recent John McCain rally (from within the last few days).
The crowd was unbelievablly hateful and angry. The things the people were saying were absolutely terrifying. To my disbelief, a woman told McCain that she was "afraid of Obama".
McCain replied "you do not need to be afraid of him" . Then McCain asked the woman "why are you afraid of him?" The woman answered " cuz hesin errab" (because "he's an Arab"... I assume).
The petition here is simply asking that the disturbing 'talk' be stopped. http://www.thepetitionsite.com/takeaction/746582395
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Lieberman: Tell McCain to Stop Inciting Hate - The Petition Site
"Kill him!" shouted one angry supporter at a Palin rally.
"Terrorist!" shouted another at a McCain rally.
These comments were responses to Senator McCain and Governor Palin's attacks on Senator Obama.
Senator McCain's response? Silence all week and then, unbelievably, defending the supporters who shouted hate speech at the rallies.
As a leader in this country and close friend of John McCain, Joe Lieberman needs to step in and condemn these tactics. He must tell McCain to condemn violent mob-speak, not condone it!
Lieberman is well aware of the consequences of mob violence and hatred in the past. Mob violence led to Kristallnacht; almost a hundred Jews murdered, tens of thousands deported, and hundreds of synagogues burned. And mob violence led to lynchings in the Jim Crow South.
When this election is over, we need a country that can stand together. Ask Senator Lieberman to condemn McCain's hate speech and persuade McCain to put an end to it. This is out of control... While I was watching CNN last night, a segment of a recent John McCain rally (from within the last few days)... more -
Fox Sends Cease and Desist to McCain Web Operator
TVNewser has obtained a cease & desist letter sent lawyers from Fox News Channel to AirNet Group Corporation, the company that hosts John McCain's campaign Website.
The copyright infringement notification stems from this ad currently playing on the McCain-Palin site. It includes grainy images and audio of reporting from Fox News correspondent Eric Shawn. The notification states, "Fox News requests that you immediately cease and desist from any further use of the copyrighted material and that access through the Website to the Material, and any other Fox News materials, be immediately disabled." TVNewser has obtained a cease & desist letter sent lawyers from Fox News Channel to AirNet Group Corporation, the company that hos... more -
2008 pro-cannabis law reform ad contest
Building on both last year’s successful Cannabis Clip Contest and this year’s historic observance of America’s 20th millionth cannabis-related arrest on October 10, 2008, the NORML Foundation announces a call for citizen activists, artists, and artisans against cannabis prohibition to submit either a video or flash animation (30 or 60 seconds) for a $2,500 grand prize (and $10,000 in overall prizes).
To kick off this educational campaign and contest we choose to use an artistic variation of one of America’s most iconic images, Grant Wood’s ‘American Gothic’, to attempt to convey the common person’s sense of outrage that cannabis prohibition could have ever amounted to 20 million arrests. This prohibition was created and nurtured by the federal government from the very first victim, ‘American Gothic’ farmer-look-a-like Sam Caldwell, to the 20-millionth arrest coming this October.
In 2007 there were 872,721 cannabis-related arrests in America, one every 37 seconds (90% for possession only). The 20-millionth mark has arrived sooner than anyone could have imagined just a few years ago.
Want to have an impact on cannabis law reform? GET GRAPHIC and enter this contest.
Submit as many entries as you want to NORML’s 2008 Marijuana Gothic Ad/video clip contest and qualify to possibly win healthy cash rewards, and recognition by millions of Internet users for your creative contribution to educating the public about the need for alternative policies to cannabis prohibition.
These stakeholder-generated and creative contests are both fun and great ways for citizens all over the world to have more than a vapid, exhibitionistic ‘YouTube’ moment. Rather, their creative contribution in the form of a well-crafted public service announcement will be featured on one of the most popular webpages on the Internet—www.norml.org (and, like last year’s contest winner, television. Building on both last year’s successful Cannabis Clip Contest and this year’s historic observance of America’s 20th millionth cannabis... more -
PAS; AMERICAN JOURNAL OF FORENSIC PSYCHOLOGY, VOLUME 15, NUMBER 4, 1997
Legal Recognition of PAS
An increasing number of attorneys are publishing articles which recognize and seek to address the problem of parental alienation, variously using the term Parental Alienation Syndrome in the title, in the text or in the bibliography (30, 46, 47, 49, 50, 54, 55). California attorney Patrick Clancy posts his Points and Authorities for the Admissibility of PAS Testimony on his web site. An article by Wood opposes legal recognition of PAS (56). Family law judges have been producing a growing body of opinions which discuss PAS by name or include findings of parental alienation without giving it a special label (26, 46, 47, 54-57). A 1997 issue of The Judges' Journal included an article on managing visitation interference by Turkat (57), who has been referencing Gardner's work on PAS for several years. Judge Vernon Nakahara in Alameda County, California, spoke with author Deirdre Rand about his opinion that judges need to be made aware of Gardner's work on PAS. Judge Nakahara also shared his views on the role of the family law court in dealing with PAS and other high conflict cases.
A Florida attorney was the first to write about PAS after Gardner introduced the term in 1985. Palmer's article, published in 1988, described PAS as a strategy some parents were using to avoid their obligation to share parenting responsibility under Florida law (46). She discussed two legal cases, including Schutz v. Schutz in which the judge opined: "The Court has no doubt that the cause of the blind, brainwashed, bigoted, belligerence of the children toward the father grew from the soil nurtured, watered and tilled by the mother. The Court is thoroughly convinced that the mother breached every duty she owed as the custodial parent to the noncustodial parent of instilling love, respect and feeling in the children for their father. Worse, she slowly dripped poison into the minds of these children, maybe even beyond the power of this Court to find the antidote" (46; pp. 361-362). Palmer foresaw the need for early evaluation and intervention in cases of PAS and those with that potential, in order to prevent the development of completed, intractablealienation. She recommended the use of judicial sanctions to hold alienating parents accountable and to provide incentives for changing their behavior.
In 1991, a Canadian law journal published an article by Goldwater which strongly supports legal recognition of PAS (47). According to Goldwater, Gardner's 1989 book on family evaluation in child custody (48) "is certainly required reading for the family practitioner and should be considered the source document on the phenomenon of parental alienation syndrome...Indeed, there is a moral failure in smugly asserting that children have 'rights' without taking into account their evident lack of autonomy and their material and psychological vulnerability to control and manipulation" (47; pp. 121-122). Although the title is in French, most of the text is in English. Canadian law and case citations are discussed.
In 1993, two articles were written by attorneys; one from New Hampshire (49) and one from South Carolina (30). These articles took a practical approach to the special difficulties PAS cases pose to family lawyers, mental health professionals and to the courts. Ward and Harvey are a psychologist and an attorney, respectively (49). Their article distinguishes between "typical" divorce and "alienation". Alienation cases are distinguished by the nature and extent of a parent's willingness to involve the children.
According to Ward and Harvey, alienation family systems require their own specific interventions, a point Gardner continues to emphasize. They build on Gardner's concepts about PAS and synthesize them with Johnston's work on the divorce impasse and high conflict families. Legal Recognition of PAS ... more -
Rap fan pays fine rather than listen to classical music
A defendant had a hard time facing the music. Ludwig van Beethoven's music fails to appeal to a man fined for playing rap music too loudly in his car.
Andrew Vactor was facing a $150 fine for playing rap music too loudly on his car stereo in July. But a judge offered to reduce that to $35 if Vactor spent 20 hours listening to classical music by the likes of Bach, Beethoven and Chopin.
Vactor, 24, lasted only about 15 minutes, a probation officer said.
It wasn't the music, Vactor said, he just needed to be at practice with the rest of the Urbana University basketball team.
"I didn't have the time to deal with that," he said. "I just decided to pay the fine."
Champaign County Municipal Court Judge Susan Fornof-Lippencott says the idea was to force Vactor to listen to something he might not prefer, just as other people had no choice but to listen to his loud rap music. A defendant had a hard time facing the music. Ludwig van Beethoven's music fails to appeal to a man fined for playing rap music ... more -
Georgia sued over voter citizenship verification - ajc.com
Voting rights groups on Thursday sued Secretary of State Karen Handel on behalf of a Cherokee County man who they said has been the victim of a methodical effort to deny him the right to vote.
The suit, filed in U.S. District Court in Atlanta, seeks to halt the state’s attempts to verify the identities and citizenship of registered voters so close to the Nov. 4 election. Attorneys for the plaintiff, Jose Morales, also want the suit to become a class action.
U.S. District Judge Jack Camp scheduled a hearing for Friday morning on a request for a temporary restraining order.
The suit comes the day after the U.S. Department of Justice said the state’s actions to verify identity and citizenship appear to violate the Voting Rights Act of 1965. The law requires states with a history of discriminatory voting practices to get approval from the federal government before making certain changes to voting and election policy.
“The Voting Rights Act and the National Voter Registration Act were intended to protect voters from ‘October surprises,’ the last-minute purging of registered voters on questionable data,” said Neil Bradley, associate director of the ACLU Voting Rights Project, one of the groups representing Morales.
Secretary of State Karen Handel said in a press release issued Thursday night that she is “disappointed” with the lawsuit.
“Unfortunately, some groups appear to want to open the door to allow non-citizens to register and vote in the General Election,” she wrote.
County election officials still have more than 100,000 voter registration applications to process, Handel said. Her office will ensure that all applications are processed and verified for election day, she said.
As for the dispute with the Department of Justice, Handel’s spokesman, Matt Carrothers, said in a telephone interview Thursday night that his office is working with the attorney general to address the Justice Department questions. “We hope to have the answers soon,” he said.
Morales, who will graduate from Kennesaw State University in December with a bachelor’s degree in international affairs, became a U.S. citizen in November 2007.
He registered to vote last month, but about two weeks later, he received a letter from Cherokee County indicating he would not be able to vote unless he provided evidence of his citizenship, the lawsuit said. The letter also indicated Morales would be eliminated from the voter list if he did not prove his citizenship.
Morales went through the steps needed to prove his citizenship, including making a visit to the county Elections and Registrations Office and showing his passport to the clerk, the suit said. He was told he would soon be receiving his voter registration card in the mail. He received the card Oct. 3, the lawsuit said.
But on Tuesday, Morales received another letter from the office indicating he may not be qualified to vote because he may not be a U.S. citizen, the lawsuit said. It said if Morales did not contact the Cherokee Elections and Registration Office before Oct. 15 or appear at a court hearing on the same date, his name would be removed from the list of registered voters, the suit said.
“Despite all the steps he has gone through, Mr. Morales’ right to vote is still being threatened,” the lawsuit said. “Mr. Morales wants to vote, particularly in the upcoming election, and wants to make sure his vote is counted.”
(more at the link) Voting rights groups on Thursday sued Secretary of State Karen Handel on behalf of a Cherokee County man who they said has been the vi... more -
State of Tennessee sued for seeking child support from wrong man
Illinois resident Joshua Brown is suing the state of Tennessee for sending him a notice indicating he had a child in Tennessee with a female other than his wife.
Brown claims the state sent him a non-custodial parent delinquency notice on March 26 indicating he was responsible for past due child support.
"The Notice was discovered by his wife," states the complaint filed Oct. 7 in St. Clair County Circuit Court. "Mr. Brown's parents and in-laws learned of the Notice from his wife and also inquired."
Brown claims he "reassured all" that he was not having an extra marital affair that produced a child.
He claims he informed the state that it had the wrong person by pointing out the difference in middle initial and social security number, but the state persisted by notifying his employer. He claims he also received a notice that his income would be withheld for child support.
"Plaintiff's wife again saw these various documents again causing turmoil and strife in the home," the complaint states. "Plaintiff again tried to assuage his family's fears.
Brown claims he contacted an attorney after the state sent him a notice that his employer was being directed to add the Tennessee child to his health care plan.
He claims the correspondence eventually ceased when the state was "apparently satisfied" that it had the wrong man.
His suit seeks damages for defamation.
"This publication caused his pregnant wife and himself severe hardship, caused plaintiff to lose sleep, have constant anxiety, suffer humiliation, embarrassment, nervousness and mental pain and suffering," the complaint states.
"That Defendant knew or should have known of the falsity of such statements considering the different middle names and different social security numbers."
Brown is represented by Jarrod Beasly of the Kuehn Law Firm in Belleville.
He is seeking "an amount in excess of $50,000 for the damage to his reputation at work, at home and within his family, punitive damages and cost of this suit." Illinois resident Joshua Brown is suing the state of Tennessee for sending him a notice indicating he had a child in Tennessee with a ... more -
Alaskan Supreme Court refuses to shut down Troopergate Investigation
Court removes last hurdle for Palin ethics inquiry
By MATT APUZZO
ANCHORAGE, Alaska (AP) — Alaska's Supreme Court has refused to shut down an ethics investigation into Gov. Sarah Palin, the Republican vice presidential nominee.
The decision Thursday sets the stage for state lawmakers to release a report on their investigation Friday. The report could prove to be an embarrassment for Palin and a distraction for John McCain's presidential campaign in the final weeks of the race.
Lawmakers are investigating whether Palin abused her power to settle a family dispute. Her former public safety commissioner says he was dismissed after resisting pressure to fire a state trooper who had gone through nasty divorce from Palin's sister.
Republican lawmakers had sued to block the report, saying it had become politicized.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
ANCHORAGE, Alaska (AP) — Alaska Gov. Sarah Palin remained in the dark while her husband repeatedly asked top state officials to help get his former brother-in-law kicked off the state police force, Palin's husband and top aides said in affidavits provided to The Associated Press.
Palin, the Republican vice presidential nominee, is the focus of a legislative investigation into whether she abused her authority by firing the state's public safety commissioner to settle a long-standing family dispute. The commissioner says he was fired after resisting pressure to fire Mike Wooten, a trooper involved in a bitter divorce with Palin's sister.
The investigation has been a distraction for John McCain's presidential campaign. Lawmakers were scheduled to meet Friday and release a report on the case, which could shed light on how Palin governs and what role her husband played in her administration.
The affidavits filed with investigators late Wednesday will probably help Palin's defense that the firing was not a tit-for-tat, but they also portray her as uninvolved while her husband met repeatedly with her aides about family affairs. That could provide fodder for her political opponents.
(more at the link) Court removes last hurdle for Palin ethics inquiry By MATT APUZZO ... more -
Judge sentences rap music fan to Bach, Beethoven
Andrew Vactor was facing a $150 fine for playing rap music too loudly on his car stereo in July. A judge offered to reduce that to $35 if Vactor spent 20 hours listening to classical music by the likes of Bach, Beethoven and Chopin. Vactor, 24, lasted only about 15 minutes, a probation officer said. Andrew Vactor was facing a $150 fine for playing rap music too loudly on his car stereo in July. A judge offered to reduce that to $3... more
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World Is Moving Towards Banning Death Penalty, says Reprieve
Report says five nations responsible for almost all state executions in past year.
The world is moving closer to the final abolition of the death penalty, according to the latest figures published to coincide with World Day against the Death Penalty today.
Currently, five nations are responsible for almost all the state executions carried out in the past year.
So far, a total of 137 countries have abolished the death penalty in law or practice, while 60 countries retain its use, usually for people convicted of murder.
At least 1,252 people were known to be executed in 24 countries during 2007. Of all the executions in 2007, 88% took place in China, Iran, Saudi Arabia, Pakistan and the US.
By the end of the 2007, 91 countries had abolished the death penalty for all crimes and last year a further three countries (Albania, Cook Islands and Rwanda) joined their number, according to Reprieve, which represents death row prisoners around the world.
"The reality is that, despite the progress that has been made over the last 18 months, there are still thousands of people being executed every year around the world," said Clive Stafford Smith, director of Reprieve.
"I have witnessed the barbarity of this sentence in person, having been present at the execution of four of my clients and can say that one execution is too many. We cannot rest until capital punishment becomes little more than an embarrassing chapter in our history."
In Europe, only Belarus retains capital punishment and abandonment of the death penalty is a prerequisite for joining the EU.
The US is the only country in the Americas to have carried out any executions since 2003 but the 53 executions in 2006 represented the lowest annual total for a decade, and death sentences continue to drop from a peak in the mid-1990s.
China is, by far, the country, that makes most use of the penalty. "Asia leads the way globally as the continent that carries out the most executions," said Amnesty International UK director, Kate Allen.
"The number of executions carried out by China last year makes them the world's number one 'executioner'. This year we have seen a noticeable increase in the use of the death penalty in Japan. Executions in that country are typically shrouded in secrecy. And in Pakistan, there are approximately 7,500 people including children, on death row ... We call on Asia's state leaders to establish a moratorium on executions with a view to abolish the death penalty."
In some areas with a long tradition of executions, such as central Asia, there is a clear move towards abolition. Recently, Kyrgyzstan abolished the death penalty for ordinary crimes, Kazakhstan has had a moratorium on executions since 2003 and Tajikistan has had moratoriums on executions and death sentences since 2004.
In Africa, only six countries carried out executions in 2006. Last year, the the high court in Malawi declared the mandatory death penalty unconstitutional and Rwanda abolished it. Burundi, Gabon and Mali are taking steps towards abolition.
In seven countries the death penalty is applied for consensual sexual acts between adults of the same sex: Iran, Mauritania, Saudi Arabia, Sudan, United Arab Emirates, Yemen and parts of Nigeria.
Iran retains the death penalty for a large number of offences, among them "cursing the Prophet," certain drug offences, murder, adultery, incest, rape, drinking alcohol and sodomy and last year Iran executed at least 317 people, including eight juvenile offenders.
In 2007, Saudi Arabia executed at least 143 people, including children and three women. Since January 2008 the figure has already reached 58.
**Continues Report says five nations responsible for almost all state executions in past year. ... more -
Find out If Drug Reform Is on a Ballot Near You!
Drug reformers have had an impressive run, especially with medical marijuana efforts, winning in Alaska, Arizona, California, Colorado, Maine, Montana, Nevada, Oregon, and Washington, and losing only in conservative South Dakota. Reformers also scored an impressive coup with California's "treatment not jail" initiative, Proposition 36, in 2002. At the municipal level, initiatives making adult marijuana offenses the lowest law enforcement priority have won in cities across California; as well as Denver; Seattle; Missoula County, Montana; Eureka Springs, Arkansas; and Hailey, Idaho. Detroit and several smaller Michigan cities have also approved municipal medical marijuana initiatives.
One reason for the slow-down in reformers' resort to the initiative process is that, as Marijuana Policy Project assistant communications director Dan Bernath put it, "We've already grabbed all the low-hanging fruit."
While medical marijuana initiatives have had an impressive run, the remainder of the 22 initiative and referendum states -- Arkansas, Idaho, Illinois, Massachusetts, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, Utah, and Wyoming -- present a more difficult social and political terrain, in most cases. Running a successful initiative is also costly, said Bernath.
"Only half the states have initiatives, so there are only so many places where reformers can push them," he said. "And it is an expensive process that is often complicated. On the other hand, you don't have to rely on timid politicians. The voters are often way out in front of politicians on marijuana reform initiatives, and with an initiative, you don't have to worry about those timid politicians tinkering with your legislation and taking all the teeth out of it," Bernath noted. "As a general rule, I think most reformers would prefer to see something passed by the voters, that gives it a lot of legitimacy."
And that's just what reformers are trying to do with medical marijuana in Michigan and marijuana decriminalization in Massachusetts this year, both of which appear poised to pass. Likewise, in California, reformers are seeking to expand and deepen Prop. 36, but they also face a pair of sentencing initiatives aimed at harsher treatment of drug offenders. And next door in Oregon, anti-crime crusaders also have a pair of initiatives aimed at punishing drug offenders -- among others.
More in link - click to see what your state is doing
(Cali, Oregon,Michigan, and Massachusetts) Drug reformers have had an impressive run, especially with medical marijuana efforts, winning in Alaska, Arizona, California, Colorado... more -
New Rule Allows A Pound and a Half of Medical Marijuana By State Law
KENNEWICK, Wash.-- 24 ounces of medical marijuana, and up to 15 plants. That's what the Washington Department of Health defines as a 60 day supply.
A rule they say took some research to figure out.
"The different kind of illnesses people use it for, the different sizes of people, different potency of marijuana," said Tim Church, with the Washington Department of Health.
DOH says they didn't just ask patients in need, but also law enforcement.
"We're trying to find what works for patients, police, and the entire state," said Church.
While the state Health Department says 24 ounces of marijuana is the law, for a 60 day supply, local law enforcement agencies are voicing their concerns.
"24 ounces works out to a pound and a half," said Sergeant Ken Lattin, with the Kennewick Police Department.
"That's a lot of marijuana for one person to have on hand, even for medical marijuana use," said Captain Jim Raymond, with the Pasco Police Department.
What concerns police is medical marijuana could be a gateway for crime.
"You can imagine the street value of a pound and a half, it's pretty significant," said Lattin.
But also a significant penalty if the drug is abused.
"That doesn't give them a right to sell it or produce it, outside of their own personal use," said Raymond.
Captain Mike Cobb says abuse is always a concern, but the risk is low.
"I've had friends who have been cancer patients, who the use of medical marijuana has made a life altering difference for them," said Captain Mike Cobb, with the Richland Police Department.
24 ounces Cobb says doesn't seem unrealistic.
"The benefits far outweigh the potential concerns, just from my personal involvement," said Cobb. KENNEWICK, Wash.-- 24 ounces of medical marijuana, and up to 15 plants. That's what the Washington Department of Health defines a... more -
Judge sentences rap fan to Bach, Beethoven
Andrew Vactor was facing a $150 fine for playing rap music too loudly on his car stereo in July. But a judge offered to reduce that to $35 if Vactor spent 20 hours listening to classical music by the likes of Bach, Beethoven and Chopin.
Vactor, 24, lasted only about 15 minutes, a probation officer said.
It wasn't the music, Vactor said, he just needed to be at practice with the rest of the Urbana University basketball team.
"I didn't have the time to deal with that," he said. "I just decided to pay the fine."
Champaign County Municipal Court Judge Susan Fornof-Lippencott says the idea was to force Vactor to listen to something he might not prefer, just as other people had no choice but to listen to his loud rap music.
"I think a lot of people don't like to be forced to listen to music," she said.
She's also taped TV shows for defendants in other cases to watch on topics such as financial responsibility. As she sees it, they get the chance to have their fine reduced "and at the same time broaden their horizons." Andrew Vactor was facing a $150 fine for playing rap music too loudly on his car stereo in July. But a judge offered to reduce that to... more -
States’ Actions to Block Voters Appear Illegal
Tens of thousands of eligible voters in at least six swing states have been removed from the rolls or have been blocked from registering in ways that appear to violate federal law, according to a review of state records and Social Security data by The New York Times.
States have been trying to follow the Help America Vote Act of 2002 and remove the names of voters who should no longer be listed; but for every voter added to the rolls in the past two months in some states, election officials have removed two, a review of the records shows.
The six swing states seem to be in violation of federal law in two ways. Michigan and Colorado are removing voters from the rolls within 90 days of a federal election, which is not allowed except when voters die, notify the authorities that they have moved out of state, or have been declared unfit to vote.
Indiana, Nevada, North Carolina and Ohio seem to be improperly using Social Security data to verify registration applications for new voters.
In addition to the six swing states, three more states appear to be violating federal law. Alabama and Georgia seem to be improperly using Social Security information to screen registration applications from new voters. And Louisiana appears to have removed thousands of voters after the federal deadline for taking such action.
Under federal law, election officials are supposed to use the Social Security database to check a registration application only as a last resort, if no record of the applicant is found on state databases, like those for driver’s licenses or identification cards.
The requirement exists because using the federal database is less reliable than the state lists, and is more likely to incorrectly flag applications as invalid. Many state officials seem to be using the Social Security lists first.
Officials of the Social Security Administration, presented with those numbers, said they were far too high to be cases where names were not in state databases. They said the data seem to represent a violation of federal law and the contract the states signed with the agency to use the database.
“It is absolutely essential that people entitled to register to vote are allowed to do so,” Mr. Astrue said in a press release.
In three states — Colorado, Louisiana and Michigan — the number of people purged from the election rolls since Aug. 1 far exceeds the number who may have died or relocated during that period.
Asked about the appearance of voter law violations, Rosemary E. Rodriguez, the chairwoman of the federal Election Assistance Commission, which oversees elections, said they could present “extremely serious problems.”
“The law is pretty clear about how states can use Social Security information to screen registrations and when states can purge their rolls,” Ms. Rodriguez said.
Voting rights groups have urged voters to check their registrations with local officials.
In Michigan, some 33,000 voters were removed from the rolls in August, a figure that is far higher than the number of deaths in the state during the same period — about 7,100 — or the number of people who moved out of the state — about 4,400, according to data from the Postal Service.
In Colorado, some 37,000 people were removed from the rolls in the three weeks after July 21. During that time, about 5,100 people moved out of the state and about 2,400 died, according to postal data and death records.
In Louisiana, at least 18,000 people were dropped from the rolls in the five weeks after July 23. Over the same period, at least 1,600 people moved out of state and at least 3,300 died.
....... Tens of thousands of eligible voters in at least six swing states have been removed from the rolls or have been blocked from registeri... more
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