Tag Archives: United States

Justice For Some … things to remember in this 21st Century, a repost from 2015


By CAP Action War Room

The Cleveland Police Department Reaches a Settlement with the Department of Justice

Memorial Day weekend has hosted several important developments in the world of criminal justice. Today, the Cleveland Police department—which has come under fire in recent months in the nationwide debate over police tactics—agreed to follow some of the strictest standards in the nation over its officers’ use of force. Cleveland agreed to the terms as part of a settlement reached with the Department of Justice over what justice officials called a “pattern of unconstitutional policing and excessive use of force.”

According to the Justice Department’s report, the Cleveland police department used stun guns inappropriately, punched and kicked unarmed people, shot at people who did not pose a threat, and failed to report or investigate most of these incidents. As a part of the settlement, Cleveland agreed to some of the most rigorous policing standards in the nation. These include:

  • Prohibiting officers from unholstering a firearm “unless the circumstances create a reasonable belief that lethal force may become necessary,” and documenting every time that occurs.
  • Banning pistol whipping, the firing of warning shots, and the use of neck holds (that pistol whipping had to be explicitly barred says enough).
  • Creating a community police commission, made up of ten representatives from around the community.
  • Allowing an independent monitor to track its progress.

The settlement comes just two days after a white Cleveland officer who fired at least 49 shots at two unarmed African Americans was acquitted of manslaughter by an Ohio judge. Officer Brelo’s acquittal—as the latest in a series of troubling racially charged incidents across the US in places like Baltimore, Staten Island, and Ferguson, MO—prompted protests that remained largely peaceful but still resulted in the arrest of 71 people.

Some bad news also came out of the criminal justice sphere this weekend. On Friday, Maryland Governor Larry Hogan vetoed three important criminal justice reform bills. In addition to vetoing a bill to limit civil asset forfeiture, and a bill to remove the penalty for marijuana paraphernalia, Hogan also vetoed a felon re-enfranchisement bill that would have restored voting rights to 60,000 ex-felons. Restoring access to the ballot for ex-felons is a priority in the criminal justice reform community and Hogan’s veto will serve as an important test to see whether reform advocates will show that choices like Hogan’s can have political repercussions.

BOTTOM LINE: Agreements like the one made between Cleveland and the Department of Justice have the potential to create meaningful change to a flawed system. But as Gov. Hogan’s vetoes remind us, there is much more work to be done to convince some elected officials to do their part.

Clothes : Can they be ethical … a repost


beaseedforchangestickersGREENjust another rant …

Secondhand or flea market shopping has been in the news occasionally for years and as folks join the movement to keep material out of landfills or reduce their eco-footprint; some push, buy made in the US of A only; while others believe reusing is best. The problem that needs to be addressed over and over is: how toxic are the materials used to create fashion?

The idea of wearing toxic fashions let alone recycling it is a disturbing thought given what we now know and at the end of the day, it always seems to go back to making that dollar-dollar

There are a few who do 2ndhand because of financial issues, some wear it for personal reasons and even more, are on that path toward sustainable living, but as a whole 2nd hand, up-cycling, or living Eco-friendly seems to be great names but are they ethically stylish? I guess that would have to mean, intentionally buying, wearing, and devoting your dollar dollars to sustainably made only. The fact is, it is a lot tougher than folks think. Have you looked at your clothing labels?

The dictionary states that being ethical means acting in an ethical manner from an ethical point of view. Being “ethically stylish” is almost a mission impossible.  Before you say she needs more education; don’t get me wrong because I definitely get being “ethically stylish,” and “acting with intent” but when store buyers, the fashion industry, and whatnot go out of their way to use cheap labor or toxic material, being ethical demands that the fashion industry cooperates as well, lest we talk about where the industry gets their material, and sadly the manufacturing industry isn’t as vital in the USA as it used to be.

Unfortunately, this is an ongoing fight, and here we are in the year 2025.  I wonder, have other people bought and overpaid for a dress or two over the years; tried buying American-made only as well but found more often than not; truth be told, you’re buying because of the “cute factor” first, then price while looking at the tags later finding that it was not made in the US of A or out of sustainable material, which definitely offends the “ethically stylish, “code.  Sometime in the ’90s, word got out that the likelihood of fashion corporations outsourcing work because it was more cost-effective, the material was cheap, and maybe not so sustainable was reported as meaning, you’re getting more for the money; remember when big-name models, entertainment folks, and designers were caught using sweatshops.  So, Big-name companies like Levi’s, which I thought were only made here in the US as a kid, are apparently imported as well and the 501s, which were my favorite as a kid, often have insane prices, though more sustainable.

Back in the day, hearing the fashion industry, in all its forms, say they are selling or being more ethically stylish was frustrating.  There were always reports of companies and brands that sell USA-made only but could also be among others in the industry possibly using toxic materials.  This news made a few brands take a giant leap toward 100% Organic, Natural, or Sustainable. They then took several giant steps backward to rehash and or rethink who when why when, and with what, came the outrageous prices leaving a huge group of consumers out!  America needs to buy and sell locally, but again, it seems like a mission impossible as they say. Made in America is not only more expensive, but the labels are far fewer these days and the material is often blended with stuff we cannot pronounce. The history of the fashion industry and American Made is definitely a love-hate thing as designers and stars back in the day were wearing fabulous clothes rarely found on the racks, only to find out they were actually getting their clothes made by sweatshops, in some well-known and unknown countries … probably not very sustainable.

They say, no to fast fashion but need a dress quick for a show… done. Thing is, the questions still remain the same, made by whom, how much do the seamstresses get to make it, and how much did the consumer pay?

Yes, “Made in the USA” faded out to a blank whiteboard and the NYC garment district was but a memory for quite a while. There were some great “Where and what are they doing now” shows with older “go to” fashion designers, and clothiers stating the fabric just is not the same nor are the people. The opportunity to make more clothes with cheap labor & material seemed to have become addictive, and the image of what was going on in those countries was not good.   Fashion will always be a work in progress, but learning that unfair labor practices and or that companies are producing great-looking garments, but possibly using toxic material since or before is sad considering all that has happened to the industry over the years. Thus, making it tough to be ethical, let alone wear fashion that is ethically stylish or sustainable.

I still buy clothes, using the cute fit fab factor while believing in reuse, upcycling, recycled material, reclaiming, repurposing, and reducing movement, which keeps most material out of landfills, but it takes work. In this 21st Century, it now means not only checking the labels but checking after you buy because baby, trying to count the number of times an online buy was NOT cotton is embarrassing and most go to charity stores

First posted, November 2012

#Stop&Frisk – Black History


by uslegal.com

Stop and frisk is when police “temporarily” detain somebody and pat down their outer clothing when there are specific articulate facts leading a reasonable police officer to believe a person is armed and dangerous. It is not necessary for the officer to articulate or identify a specific crime they think is being committed, only that a set of factual circumstances exist that would lead a reasonable officer to have a reasonable suspicion that criminal activity is occurring. “Reasonable suspicion” is one step below “probable cause” and one step above a hunch.

A “frisk” by definition is a type of search that requires a “lawful stop”. It is best thought of as a separate act, but in practice, a suspect who refuses to answer questions in a stop may be providing the officer with sufficient justification to frisk. A frisk should not be for anything other than a dangerous weapon or contraband. However, if other evidence, like a suspected drug container, is felt, it can be seized by the officer under the “plain feel” doctrine. The test for “plain feel” is that the item’s contraband nature be “immediately apparent”.

Resource: uslegal.com

One of several problems with stop & frisk, is that most if not all Police demand name, address, question people of colour when in upper income communities and or assume gang affiliation least we talk about the percentage of Black Latino Asian or Caucasian men&women being stopped on a daily basis … is it a quota, a civil rights issue, a misuse or abuse of power ~ Nativergrl77

The 2009 Racial Justice Act … reminder


The North Carolina Racial Justice Act of 2009

Prohibited seeking or imposing the death penalty on the basis of race. The act identified types of evidence that might be considered by the court when considering whether race was a basis for seeking or imposing the death penalty and established a process by which relevant evidence might be used to establish that race was a significant factor in seeking or imposing the death penalty. The defendant had the burden of proving that race was a significant factor in seeking or imposing the death penalty, and the state was allowed to offer evidence to rebut the claims or evidence of the defendant. If race was found to be a significant factor in the imposition of the death penalty, the death sentence would automatically be commuted to life imprisonment without the possibility of parole.[1]

North Carolina General Assembly Repeal Attempts [edit]

Under pressure from a group of 43 district attorneys, who expressed opposition to the act citing the clog of the court system in the state, the North Carolina Senate passed a bill by a 27-14 vote on November 28, 2011, that would have effectively repealed the Racial Justice Act.[2]

However, on December 14, Governor Bev Perdue, a Democrat, vetoed the bill, saying that while she supports the death penalty, she felt it was “simply unacceptable for racial prejudice to play a role in the imposition of the death penalty in North Carolina.”[3] The state legislature did not have enough votes to override Perdue’s veto.

Major revision (2012)[edit]

The North Carolina General Assembly passed a major revision of the law in 2012 authored by Rep. Paul Stam (R-Wake). The rewrite “severely restricts the use of statistics to only the county or judicial district where the crime occurred, instead of the entire state or region. It also says statistics alone are insufficient to prove bias, and that the race of the victim cannot be taken into account.” The bill was vetoed by Gov. Perdue, but this time, the legislature overrode the governor’s veto.[4]

Repeal[edit]

The North Carolina General Assembly voted to effectively repeal the entire law in 2013 and Gov. Pat McCrory, a Republican, signed the repeal into law.[5]

Appeals under act[edit]

On April 20, 2012, in the first case appealed under the Racial Justice Act, the then-Senior Resident Superior Court Judge in Cumberland County (Fayetteville), Judge Greg Weeks, threw out the death sentence of Marcus Raymond Robinson, automatically commuting his sentence to life without parole. Robinson contended that when he was sentenced to death in 1994, prosecutors deliberately kept blacks off the jury. Robinson’s lawyers cited a study from Michigan State University College of Law indicating that prosecutors across North Carolina improperly used their peremptory challenges to systemically exclude qualified black jurors from jury service.[6][7][8]

References[edit]

  1. Jump up ^ Senate Bill 461, General Assembly of North Carolina, Session 2009
  2. Jump up ^ Bufkin, Sarah. “North Carolina General Assembly Votes To Repeal Landmark Racial Justice Law”. Think Progress: Justice. Retrieved 8 December 2011. 
  3. Jump up ^ Jarvis, Greg (2012-12-15). “Perdue veto saves death-row appeal law”. The News & Observer. 
  4. Jump up ^ News & Observer
  5. Jump up ^ Charlotte Observer
  6. Jump up ^ “Judge: Racism played role in Cumberland County trial, death sentence converted in N.C.’s first Racial Justice Act case”. The Fayetteville Observer. April 20, 2012. Retrieved April 21, 2012. 
  7. Jump up ^ “Racial bias saves death row man”. BBC News (BBC). April 20, 2012. Retrieved April 21, 2012. 
  8. Jump up ^ Zucchino, David (April 20, 2012). “Death penalty vacated under North Carolina’s racial justice law”. Los Angeles Times. Retrieved April 21, 2012.

Resource …wiki

so, I do not know how accurate this is

Demand US Airways apologize – Black History


Should sagging pants get you kicked off a flight? Arrested? Jailed?

This is what 20 year-old University of New Mexico student Deshon Marman faced when he was taken off of a US Airways flight, arrested, shackled, and jailed after airline staff confronted him about his sagging pants. Marman, a San Francisco resident, had returned to California to attend his best friend’s funeral.1

However you feel about sagging pants, it’s clear that US Airways’ response to Marman’s clothing was inappropriate and discriminatory. Prosecutors have decided not to file charges against Marman — but leadership at US Airways is still defending the way their employees treated him.2

If US Airways gets away with this, it sets a dangerous precedent — we can’t let it become acceptable for corporations to target and criminalize young Black men because of their appearance. Please join us in demanding that US Airways apologize to Deshon and his family and explain steps the company will take to ensure that nothing like this happens again. Just click the link below:

http://act.colorofchange.org/sign/usairways

When Marman was asked to pull up his pants by a US Airways ticket agent, he said he would comply once he reached his seat. Instead of that being the end of the discussion, the US Airways captain had him arrested and taken to jail.3

After Marman was in his seat (and had pulled up his pants), he was confronted by the pilot and police officers.  Marman said, “I’m just like everybody else on this plane,” to which the US Airways pilot responded, “No, you’re not.”4 Then, Marman was asked to leave the plane.  He initially refused, but agreed to leave after being told that his ticket would be refunded.

Marman says that he wasn’t told he was under arrest, and that no one read him his rights, but while he was on his way off the plane, officers grabbed his arms and handcuffed him. Marman was arrested on suspicion of a felony count of battery of a police officer and misdemeanor counts of resisting arrest and trespassing — charges that were not pursued, because the local District Attorney’s office determined that criminal charges weren’t warranted.5

A clear double-standard

Sagging is a cultural trend that many have strong feelings about both inside and outside of Black circles. But we should all be able to agree that the way US Airways treated Marman was unacceptable.

US Airways admittedly does not have a dress code for their passengers and has frequently allowed an older white male passenger to fly in women’s underwear — without outer garments — as recently as a week prior to Deshon’s arrest.6

The double standard faced by Deshon is connected to a larger problem Black youth face with a legal system that punishes and criminalizes them at higher rates, even when there is no difference in behavior.7 We cannot allow businesses like US Airways to follow the trend. We must hold them to a standard of conduct that does not discriminate, condone double standards or violate anyone’s civil rights.

Unfortunately, US Airways has refused to respond to the charges of discrimination from Deshon’s family and the San Francisco NAACP, who have asked for an apology.8 The company still has not refunded Marman’s ticket, and they are standing by the behavior of their staff, calling it “professional.”9

Please join us in demanding that US Airways apologize and explain the steps they will take to ensure that what happened to Deshon will not happen again. When you do, please tell your friends and family to do the same.

http://act.colorofchange.org/sign/usairways

Thanks and Peace,

— Rashad, James, Gabriel, William, Dani, Matt, Natasha, and the rest of the ColorOfchange.org team
   July 18th, 2011

Help support our work. ColorOfChange.org is powered by YOU — your energy and dollars. We take no money from lobbyists or large corporations that don’t share our values, and our tiny staff ensures your contributions go a long way. You can contribute here:

http://www.colorofchange.org/donate

References:

1. “Exclusive: Student talks about saggy pants arrest,” KGO-TV, 06-18-11
http://act.colorofchange.org/go/897?akid=2066.1174326.XeJDIG&t=7

2. “Prosecutors won’t file charges against man arrested with saggy pants at San Francisco airport,” Washington Post, 07-13-11
http://act.colorofchange.org/go/904?akid=2066.1174326.XeJDIG&t=9

3. See reference 1.

4. “Deshon Marman on US Airways flight 488,” Youtube via SF Chronicle, 06-17-11
http://act.colorofchange.org/go/898?akid=2066.1174326.XeJDIG&t=11

5. See reference 2.

6. “Man flies US Airways in women’s underwear,” SF Gate, 06-21-11
http://act.colorofchange.org/go/899?akid=2066.1174326.XeJDIG&t=13

7. “Marijuana Arrests in NYC,” Drug Policy Alliance, 4-1-11

http://act.colorofchange.org/go/841?akid=2066.1174326.XeJDIG&t=15

8. “NAACP leader sees racism in sagging-pants saga,” SF Gate, 06-25-11
http://act.colorofchange.org/go/900?akid=2066.1174326.XeJDIG&t=17

9. Deshon Marman to sue US Airways after saggy pants arrest,” The Examiner, 07-13-11
http://act.colorofchange.org/go/905?akid=2066.1174326.XeJDIG&t=19