Tag Archives: point4counterpoint

Know Your Rights …


reblogged – what has changed since?

What does placing your signature on the Miranda Waiver Really Mean?

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by jeanfandrews

Deaf suspects are asked routinely to sign the Miranda Warning Waiver affirming they waive their rights. What does this mean? For the police and detective this means that the deaf person understands the six statements of the Miranda and read it with comprehension. When they sign their name on the waiver, this means they waiver their rights to remain silent, seek an attorney before questioning and so on. However, the deaf person may sign their name and have a different view. A deaf defendant who may read at the third grade or below may not be able to read the Miranda. They may put their signature on the document simply to appear cooperative. How can the detective determine if the deaf person understands the Miranda Warning? One way is to have a sign language interpreter present. This rarely happens. Typically, police and detectives relay on written communication and lipreading which are rarely effective for deaf defendants whose primary language is American Sign Language (ASL). Two viewpoints–one from the detective or police and one from the deaf defendants. The police and detectives run the risk of having their interrogation and confessions of the defendant thrown out of court or suppressed if they fail to provide for a sign language interpreter. This is not only Federal law but is found in many state statutes as well. What is the answer? More education for detectives and police about the difficulties deaf adults have in comprehending the Miranda.

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Gun Violence Prevention 101 – posted in 2013, it is still relevant


By ThinkProgress War Room 2013

The President’s Sensible Gun Violence Prevention Proposal

The president and vice president today announced a sweeping agenda to stem the epidemic of gun violence that exists in our country. You can find the full text of the plan HERE, but ThinkProgress’ Annie-Rose Strasser breaks down everything you need to know about the president’s plan:

1. Making background checks universal. Obama wants every single gun owner to go through a proper background check, so it can be determined whether they have a criminal history or diagnosed mental illness. He wants Congress to close the gun show loophole that allows people at gun shows, and private buyers of used weapons, to avoid getting checked. He will also, through executive action, urge private sellers to conduct background checks, even if they aren’t mandatory.

2. Improving state reporting of criminals and the mentally ill. While all states are required to report to the National Instant Criminal Background Check System (NICS) people who should not have access to guns, some states are sluggish about putting the data into the system. Obama will put more money into the hands of the states so that they can improve their reporting systems, and issue stronger guidelines to let states know when they should report people. Obama will also, through Presidential Memorandum, work to make sure agencies are regularly entering data into NICS.

3. Banning assault weapons. This is likely the most difficult battle Obama will undertake. He wants to reinstate the 1994 Assault Weapons Ban, which outlaws military-grade weapons, like the AR-15 used by Newtown gunman Adam Lanza and by Aurora Theater gunman James Holmes. Obama wants Congress to pass the ban, and close some of the loopholes identified in its 1994 iteration.

4. Capping magazine clip capacity at 10 bullets. A military-grade weapon is dangerous, but so are its accessories: Obama proposes banning all extended magazine clips that hold over 10 bullets. Huge magazine clips allow a gunman to fire off hundreds of rounds without having to stop, even once, to reload. The high-capacity magazine ban was also part of the 1994 Assault Weapons Ban.

5. Purging armor-piercing bullets. The sale of armor piercing ammunition has been banned for quite some time, but is still legal to posess such bullets. Obama is calling on Congress to outlaw ownership and transfer of these bullets, instead of just the sale. Those who oppose any gun laws try to spin a ban on armor piercing bullets as a ban on deer hunting ammunition, but such ammo has the ability to penetrate bullet-proof vests, and is more colloquially known as “cop killer bullets.”

6. Funding police officers. Obama wants Congress to reverse its course of austerity for public employees by approving $4 billion to fund police enforcement around the country.

7. Strengthening gun tracking. In order to track weapons that are used for crimes, Obama will issue a memorandum mandating that all agencies trace back firearms. This means that any agency in the country must trace guns used in crimes back to their original owners, as a way to help collect data on where criminal weapons are coming from. Obama will also ask Congress to allow law enforcement to do background checks on guns seized during investigations.

8. Supporting research on gun violence. Obama hopes to be able to gather more information on gun violence and misuse of firearms, and use that data to inform the work of law enforcement. He also wants to restart research, which has been long blocked by the National Rifle Association, on how video games, the media, and violence affect violent gun crimes. The Centers for Disease Control will immediately begin these efforts, but Obama also is calling on Congress to add $10 million to the pot of funding for such research.

9. Encouraging mental health providers to get involved. In order to make sure that those with homicidal thoughts are unable to access the weapons with which to kill, Obama seeks to encourage mental health professionals to alert authorities to such people. He will clarify that doing so is not in violation of patient privacy laws. He also wants to dispel the idea that Obamacare prevents doctors from talking to patients about guns.

10. Promoting safe gun ownership. The administration will start a “responsible gun ownership” campaign to encourage gun owners to lock up their firearms. He will also work with the Consumer Product Safety Commission to make sure safes and gun locks on the market are effective. He’s also calling on the justice department to help him come up with new gun safety technology.

11. Funding school counseling. Obama is calling on Congress to fund the positions of 1,000 news school counselors. The funding will come both through the already-existent COPS Hiring Grant, and through a new Comprehensive School Safety program that Congress will need to sign off on. The latter would put #150 million into funding for new counselors and social workers in schools.

12. Encouraging safe, anti-bullying school environments. Over 8,000 schools could receive new funding — $50 million — under Obama’s plan to encourage safer school environments. Obama wants to help at-risk students by creating a “school climate survey” that will collect data on what services students need, and to remedy any problems by putting professionals into schools. The administration will also issue guidelines on school discipline policies.

13. Recognizing the mental health needs of low-income Americans. Medicaid recipients already qualify for some mental health services, but Obama would like to expand that service so that low-income Americans have the same access to professional help as those who have money to pay for it on their own. Obama will issue a directive to heads of state health programs, enforcing “mental health parity” — the idea that mental health should be treated as a priority as important as physical health.

In the coming days and weeks, the president, vice president, and cabinet will take their case outside of the Beltway in order to truly engage the American people in the vital debate.

BOTTOM LINE: Now is the time for Congress to pass common-sense legislation that protects our families from needless gun violence. We are not talking about radical measures but common-sense solutions supported by a majority of the American people, as well as NRA members and gun owners.

Things that happened in 2013 and still cannot be explained ~ insane!

Meet the Republicans who want to impeach Obama over gun safety regulations.

NRA releases “repugnant and cowardly” ad invoking the president’s children.

Rick Perry’s solution to gun violence: pray.

Whole Foods CEO: Obamacare is like “fascism.”

Conservatives and GOP elected officials call for GOP to back off debt limit hostage-taking.

Terrorists linked to Al-Qaeda take Americans hostage in Algeria.

States shower millions in tax breaks on gunmakers

Lawrence Guyot : a Civil Rights Leader, in memory of – Black History


WASHINGTON November 25, 2012 (AP)

Guyot was born in Pass Christian, Miss., on July 17, 1939. He became active in civil rights while attending Tougaloo College in Mississippi, and graduated in 1963. Guyot received a law degree in 1971 from Rutgers University, and then moved to Washington, where he worked to elect fellow Mississippian and civil rights activist Marion Barry as mayor in 1978.

“When he came to Washington, he continued his revolutionary zeal,” Barry told The Washington Post on Friday. “He was always busy working for the people.”

Image result for lawrence guyot

D.C. Delegate Eleanor Holmes Norton told The Post in 2007 that she first met Guyot within days of his beating at a jail in Winona, Miss. “Because of Larry Guyot, I understood what it meant to live with terror and to walk straight into it,” she told the newspaper. On Friday, she called Guyot “an unsung hero” of the civil rights movement.

“Very few Mississippians were willing to risk their lives at that time,” she said. “But Guyot did.”

In recent months, his daughter said he was concerned about what he said were Republican efforts to limit access to the polls. As his health was failing, he voted early because he wanted to make sure his vote was counted, he told the AFRO newspaper.

FREEDOM RIDERS : A Stanley Nelson Film : American Experience – In memory


  Get Inspired

 The World Premiere: In 2010 at Sundance Film Festival, US

 A Documentary Competition

Award-winning filmmaker Stanley Nelson (Wounded Knee, Jonestown: The Life and Death of Peoples Temple, The Murder of Emmett Till) returns to the Sundance Film Festival with his latest documentary FREEDOM RIDERS, the powerful, harrowing and ultimately inspirational story of six months in 1961 that changed America forever. From May until November 1961, more than 400 black and white Americans risked their lives—and many endured savage beatings and imprisonment—for simply traveling together on buses and trains as they journeyed through the Deep South. Deliberately violating Jim Crow laws, the Freedom Riders’ belief in non-violent activism was sorely tested as mob violence and bitter racism greeted them along the way.

FREEDOM RIDERS features testimony from a fascinating cast of central characters: the Riders themselves, state and federal government officials, and journalists who witnessed the rides firsthand.

“I got up one morning in May and I said to my folks at home, I won’t be back today because I’m a Freedom Rider. It was like a wave or a wind that you didn’t know where it was coming from or where it was going, but you knew you were supposed to be there.” — Pauline Knight-Ofuso, Freedom Rider

Despite two earlier Supreme Court decisions that mandated the desegregation of interstate travel facilities, black Americans in 1961 continued to endure hostility and racism while traveling through the South. The newly inaugurated Kennedy administration, embroiled in the Cold War and worried about the nuclear threat, did little to address domestic Civil Rights.See the source image

“It became clear that the Civil Rights leaders had to do something desperate, something dramatic to get Kennedy’s attention. That was the idea behind the Freedom Rides—to dare the federal government to do what it was supposed to do, and see if their constitutional rights would be protected by the Kennedy administration,” explains Raymond Arsenault, author of Freedom Riders: 1961 and the Struggle for Racial Justice, on which the film is partially based.

Organized by the Congress of Racial Equality (CORE), the self-proclaimed “Freedom Riders” came from all strata of American society—black and white, young and old, male and female, Northern and Southern. They embarked on the Rides knowing the danger but firmly committed to the ideals of non-violent protest, aware that their actions could provoke a savage response but willing to put their lives on the line for the cause of justice.

Each time the Freedom Rides met violence and the campaign seemed doomed, new ways were found to sustain and even expand the movement. After Klansmen in Alabama set fire to the original Freedom Ride bus, student activists from Nashville organized a ride of their own. “We were past fear. If we were going to die, we were gonna die, but we can’t stop,” recalls Rider Joan Trumpauer-Mulholland. “If one person falls, others take their place.”

Later, Mississippi officials locked up more than 300 Riders in the notorious Parchman State Penitentiary. Rather than weaken the Riders’ resolve, the move only strengthened their determination. None of the obstacles placed in their path would weaken their commitment.

The Riders’ journey was front-page news and the world was watching. After nearly five months of fighting, the federal government capitulated. On September 22, the Interstate Commerce Commission issued its order to end the segregation in bus and rail stations that had been in place for generations. “This was the first unambiguous victory in the long history of the Civil Rights Movement. It finally said, ‘We can do this.’ And it raised expectations across the board for greater victories in the future,” says Arsenault.

“The people that took a seat on these buses, that went to jail in Jackson, that went to Parchman, they were never the same. We had moments there to learn, to teach each other the way of nonviolence, the way of love, the way of peace. The Freedom Ride created an unbelievable sense: Yes, we will make it. Yes, we will survive. And that nothing, but nothing, was going to stop this movement,” recalls Congressman John Lewis, one of the original Riders.

Says Stanley Nelson, “The lesson of the Freedom Rides is that great change can come from a few small steps taken by courageous people. And that sometimes to do any great thing, it’s important that we step out alone.”

CREDITS
A Stanley Nelson Film
A Firelight Media Production for AMERICAN EXPERIENCE

Produced, Written and Directed by
Stanley Nelson

Produced by
Laurens Grant

Edited by
Lewis Erskine, Aljernon Tunsil

Archival Producer
Lewanne Jones

Associate Producer
Stacey HolmanDirector of Photography
Robert Shepard

Composer
Tom Phillips

Music Supervisor
Rena Kosersky

Based in part on the book Freedom Riders by
Raymond Arsenault

AMERICAN EXPERIENCE is a production of WGBH Boston.
Senior producer
Sharon Grimberg

Executive producer
Mark Samels

Freddie Stowers ~ Honor and recognition Long Overdue – Black History


NMAAHC -- National Museum of African American History and Culture

Lonnie Bunch, museum director, historian, lecturer, and author, is proud to present A Page from Our American Story, a regular on-line series for Museum supporters. It will showcase individuals and events in the African American experience, placing these stories in the context of a larger story — our American story.

A Page From Our American Story

Grave of Cpl Freddie Stowers
Grave of CPL Freddie Stowers
at Meuse-Argonne American Cemetery
in France.

Freddie Stowers, the grandson of a South Carolina slave, holds a unique spot in America’s pantheon of war heroes — as the only African American awarded the Medal of Honor for service in World War I. Stowers’ story, however, must be told in two parts.

The first part of the story is his act of heroism in 1918; the second part is that it took more than 72 years before Stowers finally received the recognition he was due.

The United States was the last major combatant to enter World War I, the “war to end all wars.” The conflict began in Europe in 1914, but in the U.S., isolationist sentiments were strong resulting in a foreign policy of non-intervention. However, in April 1917, after a German U-boat sank the British ship Lusitania, killing 128 Americans on board, President Woodrow Wilson asked Congress to declare war on Germany. Three months later, on July 3, 1917, American troops landed in France.

Corporal Freddie Stowers came to France as part of the all-black Company C, 371st Regiment, 93rd Division that deployed in September, 1918. His service in France was short but courageous and memorable.

More than 50 years after the Civil War, America’s military was still segregated. The French, however, had no such rules, and Stowers and Company C were sent to the front lines to serve alongside French troops.

On September 28, just days after arriving in France, Stowers’ company was in the midst of an attack on Hill 188, Champagne Marne Sector, France, when enemy forces appeared to be giving up.

According to the War Department, German soldiers emerged from their trenches waving a white flag, arms in the air — military actions that signal surrender. It was a ruse, however. As Americans, including Cpl. Stowers, went to capture the “surrendering” Germans, another wave of the enemy arose and opened fire.

Very quickly, Company C’s lieutenant and non-commissioned officers were killed in the fight. This left the 21-year-old Stowers in command. Without hesitation, he implored his men to advance on the Germans.

Stowers would be mortally shot during the exchange. Wounded and dying, Stowers continued to fight on, inspiring his men to push the enemy back. With Stowers leading the counter-attack, Americans took out an enemy machine gun position and went on to capture Hill 188.

Following the battle, Stowers’ commanding officer nominated him for the Medal of Honor, but the nomination was never processed. The Pentagon said the paperwork was misplaced. Some raise the possibility that the nomination wasn’t misplaced at all, but deliberately lost. They point to the fact that American troops were segregated and suggest that racial bias in the military might be the reason for Stowers’ missing paperwork.

The final part of Freddie Stowers’ story begins in 1990. As the Department of Defense began to modernize its data systems, it ordered a review of all battlefield medal nominations. When Stowers’ recommendation was found, the Pentagon quickly took action to give the corporal the long overdue recognition and honor he deserved.

Freddie Stowers MOH Ceremony in 1991.
After the posthumous presentation of the Medal of Honor
to the sisters of Corporal (CPL) Freddie Stowers by
President George H. W. Bush, Mrs. Barbara Bush and
Mary Bowens admire the Medal of Honor certificate.
Ms Bowens is CPL Stowers’ sister. His other sister
Georgina Palmer (far left) looks on. CPL Stowers is the
only Black American to receive the Medal for action during
World War I. Photo: Robert Ward, DOD PA, April 4, 1991.

On April 24, 1991, more than 72 years after Stowers made the ultimate sacrifice for his nation, his sisters Georgiana Palmer and Mary Bowens, 88- and 77-years-old at the time, were presented his Medal of Honor by President George H. W. Bush.

Long before Stowers was honored by his nation, he, along with other members of Company C, received recognition from the French government: “For extraordinary heroism under fire.” Stowers and his unit received the Croix de Guerre – the French War Cross — the highest military medal France awards to allied soldiers.

Prior to World War I, 49 African Americans had been awarded the Medal of Honor, including 25 men who fought for the Union in the Civil War. There were 119 Medals of Honor recipients in World War I, with Stowers being the only African American. His long overdue recognition in 1991 is a small but important sign of the progress we as a nation have made.

Lonnie Bunch, Director All the best,
Lonnie Bunch
Director

P.S. We can only reach our $250 million goal with your help. I hope you will consider making a donation or becoming a Charter Member today.

The National Museum of African American History and Culture is the newest member of the Smithsonian Institution’s family of extraordinary museums.

 

The museum will be far more than a collection of objects. The Museum will be a powerful, positive force in the national discussion about race and the important role African Americans have played in the American story — a museum that will make all Americans proud.