Wednesday, April 15, 2015

This is what bothers me more than I can say.

Discovery (click here) is the process through which defendants find out about the prosecution’s case. For example, through standard discovery procedure, they can:

  • get copies of the arresting officers’ reports and statements made by prosecution witnesses, and
  • examine evidence that the prosecution proposes to introduce at trial.
Traditionally, the prosecutor wasn’t entitled to information about a defendant’s case. But in recent years, discovery has become more of a two-way street. Just as defendants can discover information from prosecutors, so too can prosecutors examine certain evidence in the hands of defendants.

I could go through case after case beginning with Trayvon Martin. And maybe I should and do that this weekend, but, the evidence held against a suspect/defendant begins with the officer's report.

There is every indication the police force across the USA files false reports. Let's take it one step further. Let's just say police officers are tuned to what the prosecutors will look for in their reports. How will that be weighted in the report? Will the observations and words of the officer written be true and only relate what is fact?  There is every indication that prosecution in the USA is manipulated by the police officers. I know for a fact officers complain about not guilty verdicts and sentencing. What happens to a defendant when an officer decides he wants the facts to be more weighty than they should be.

We saw Officer Wilson handle his own evidence. Like, what?

In the USA the prisons are packed full of people I have to wonder about now as to what their sentences are and if there are people who are not guilty and in prison anyway. I am not as concerned about those facing the death penalty, there are wonderful organizations that seek the truth. But, what about everyone else. 

If Officers are willing to kill African Americans and lie; they'll be willing to do a lot more. The prison population in the USA has a disproportionate number of minorities. Why?

We need cameras that record video and audio at the very least. But, the police need better training and FAR BETTER ETHICS. I want to see police officers dismissed on ethics as well. 

And, how do we go about shifting through cases to find those falsely guilty in prison? I know there are probably many cases, not just a few. 
Senator Sanders states he will run for President if there is a movement stating "We need a political revolution in this country." 

What do you say?

Sen. Bernie Sanders (click here) on Tuesday introduced a bill to stop profitable corporations from sheltering income overseas in the Cayman Islands and other tax havens to avoid paying U.S. taxes. The legislation also would end tax breaks for companies that ship jobs and factories overseas.
Sanders spoke at a Capitol news conference in front of a photo of the notorious Ugland House, the building in the Cayman Islands that is the registered address of more than 18,000 companies. The building has become the symbol of all that is wrong with offshore tax havens.
“At a time when we have a $18.2 trillion national debt and an unsustainable federal deficit; at a time when many of the largest corporations in America are paying no federal income taxes; and at a time when corporate profits are at an all-time high, it is past time for corporate America to pay their fair share in taxes so that we can create the millions of jobs this country needs,” Sanders said.
Eighty-three of the Fortune 100 companies in the United States have used offshore tax havens to lower their taxes, according to the most recent Government Accountability Office study.
Sanders’ bill and a companion measure introduced today in the House by Rep. Jan Schakowsky would yield more than $590 billion in revenue over the next decade, according to the Joint Committee on Taxation....

I don't believe what they say.

We have witnessed police department after police department lie and deceive the public to the events of their officers. At the very least they posture legally to protect themselves.

Does anyone actually believe being run over by a car at high speed is going to save a life? No. The fact Mr. Valencia is alive is nothing short of chance. 

It is so obvious the police department is posturing. They don't even discuss the car and the police officer driving the car. Now, why wouldn't they discuss the officer or the car; because they have to protect themselves legally. Do I believe a word this police department states? No. 

We have police officers in some of the poorest practices in this country. We have witnessed it over and over. This is outrageous behavior for a police officer. He endangered his life, the property of a civilian or a business (whatever is there), potentially a civilian, the property of the city, the life of the suspect and potentially the lives of other officers. 

Mr. Valencia was alive, wasn't he? What if he still had the gun? What if the officer in the car was dead because of the crash or the broken glass of the window? 

What if the other officers, who had a better line of sight, found a weakness in the suspect and decided to act to move in on him at the same time the extremist officer decided to act on his own? Then what happens? The suspect gets away and officers and their cars are disabled. 

This defense of such actions by an officer that acted without any notification to the other TEAM, is as irresponsible as the officer that carried out the outrageous act of violence.

If this suspect was as dangerous as they say with a militarized weapon where was back up called a SWAT Team. They don't respond to individuals with militarized weapons? But, they respond to remove the homeless of parks in Albuquerque, New Mexico.

Please. This is so outrageous and the defense of it even more so. I am getting the clear picture that police forces are about the police and not the public at all. If police departments have to lie and posture themselves in order to be a police department, what good are they?

April 14, 2015

TUCSON, AZ (Tucson News Now) -  Police released dash cam video (click here) showing how a police officer used his cruiser to put an end to a crime spree in February that stretched from Tucson to Marana.

In the video, an apparent gunshot is heard as the suspect, Mario Valencia, is seen walking down a street.

Then, in a decision that Marana police Chief Terry Rozema says probably saved Valencia's life, officer Michael Rapiejko drives his cruiser onto the sidewalk and rams Valencia....

I congratulate the jury.

April 15, 2015

The guilty verdict in the murder trial (click here) against ex-Patriots tight end Aaron Hernandez caps off a tumultuous year for the NFL. The league has been forced to defend itself against off-the-field scandals — and a barrage of bad press. 

While it was widely anticipated Hernandez would be found guilty Wednesday of first-degree murder, his continuing legal saga is certain to leave a black mark on the league in the months to come, said David Carter, executive director of the Sports Business Institute at the University of Southern California.... 

If Mr. Hernandez actually believes he did not commit the murder than I strongly suggest he hire a private detective to find the weapon. Otherwise, live your conscience. I take it he didn't bother to stop the assault.

This decision is very important. It comes when the USA fights to reclaim their communities from thugs. Too many witnesses succumb to threats by gangs and otherwise. 

Read my lips, "No new taxes and no income from federal lands, either."

This was tucked into the 2015 - 16 budget as an amendment by Lisa Murkowski. Why not just give the land directly to Bundy and get it over with. 

April 14, 2015
By Ben Neary 

...The U.S. Senate (click here) last month narrowly approved a budget amendment sponsored by Sen. Lisa Murkowski, R-Alaska, that could set the stage for future legislation to sell or transfer federal lands to state or local governments.

"This amendment doesn't sell, transfer, or exchange any piece of property," Murkowski said in a statement last week. "It provides a general budgetary mechanism that would apply to future legislation. Any actual transfers or exchanges of land would still need to go through the regular order legislative process and be signed into law."

Murkowski emphasized that her amendment, which passed 51-to-49 with no Democratic support, would exempt lands within national parks, national preserves or national monuments from possible transfer.... 

These lands are very important to the federal authority. This is some of the most outrageous mess I have ever seen. This probably encompasses offshore lands as well.

American Indians needs to pay attention to their treaties, who knows what is coming next? 

The Republicans actually believe there is a reason to transfer federal lands to states. They can't transfer them to local authorities such as country or cities and towns. That would be unconstitutional. 

When I learned that Senator Ted Cruz actually backs the idea of dissolving the IRS because his primary funder for his presidential run is in debt to the country by billions of dollars; I realized Republicans will do anything. Constitutional or unconstitutional, they don't care. This is one of those issues that requires focus to end such ideas.


How is the national debt going to be paid if the Republicans continually cause greater debt such as this. Where is the amendment paid for in the federal budget?

Why not simply bankrupt the country for the sake of extremist politics. 
Secretary Clinton is looking forward to the Supreme Court decision which would bring marriage to all Americans.

Tomorrow is "Holocaust Remebrance Day" according to the US Holocaust Memorial Museum.

The United States Congress (click here) established the Days of Remembrance as the nation’s annual commemoration of the Holocaust. Each year state and local governments, military bases, workplaces, schools, religious organizations, and civic centers host observances and remembrance activities for their communities. These events can occur during the Week of Remembrance, which runs from the Sunday before Holocaust Remembrance Day (Yom Hashoah) through the following Sunday.

The internationally recognized date (click here) for Holocaust Remembrance Day corresponds to the 27th day of Nisan on the Hebrew calendar. It marks the anniversary of the Warsaw Ghetto Uprising. In Hebrew, Holocaust Remembrance Day is called Yom Hashoah. When the actual date of Yom Hashoah falls on a Friday, the state of Israel observes Yom Hashoah on the preceding Thursday. When it falls on a Sunday, Yom Hashoah is observed on the following Monday.

2015   Thursday, April 16
2016   Thursday, May 5
2017   Monday, April 24

While tomorrow is the official day for the remembrance, communities have been carrying out their own ceremonies.

April 14, 2015

WILKES-BARRE — It was a solemn night (click here) at the Jewish Community Center on South River Street in Wilkes-Barre in observance of Yom HaShoah, or Holocaust Remembrance Day.
Those who gathered remembered the six million Jewish people who were killed in the Holocaust and prayed for an end to hatred and prejudice.
The guest speaker was Manny Lindenbaum, who is a Holocaust survivor.
The program was co-sponsored by the Jewish Community Center, Congregation Ohav Zedek, Temple B’nai B’rith, and Temple Isreal.

The bill passed committee. 19 votes.

The Senate (click here) reached a bipartisan deal on legislation allowing a Congressional review and vote on any Iran Nuke deal reached by June 30. 

Let's see if McConnell gets the bill through the Senate before June 30.

Senate Calendar (click here) 

McConnell will have to break his own rule. They have enough time to get it all completed, the Trafficking Bill, the vote for the new AG and the Senate's answer to ? peace ?

April 15, 2015
By Jeff Darcy

...Congress (click here) will have a chance to vote on any nuke deal, but in a limited time frame.   They will now have 30 days to review the deal not 60.   Language making demands of Iran was softened.   Sanctions can't be lifted for the 30 day Congressional review period.    Under the compromise, Obama could sustain a veto of Congressional disapproval of the deal with just 34 Senators....

Corker's veto isn't even constitutional. 34 Senators. It can't set new precedent. The bill is ridiculous is assaults the US Constitution. What else is new with Republicans?

The US Supreme Court stated in their decision of Bush v. Gore, it was a one time decision and would not effect legal precedent. It did. This is the same issue. It has to be challenged.

There is no such thing as a unique legislative bill. The Corker Senate Majority has the potential to assault the US Constitution. The Bush v. Gore decision has been listed in legal proceedings on more than one occasion. 

The President has the right to veto the Senate bill and make it ineffective. Any Senate mischief has no result on the other partners to the agreement.

This is a prime example of how Republicans do not care about the USA and it's constitution. They don't. They don't accept the reality of 2015 and the fact hundreds of years has gone by since the original documents of the US Constitution and the Bill of Rights. Every opportunity to root out unconstitutional measures by this Congress and others should be seen for what it is, a threat to the US Constitution. Candidate running for office should use these assaults against our Constitution in their campaigns. The Republican have the 'mind speak' that they are protective of the Constitution. They aren't and hide behind that 'mind speak.' They have to be known for what they are and not a 'faux face' of genuine concern for the country. The US Republicans changed the fiscal rating of the USA, that isn't enough to know? 

Democrats never talk about the Constitution and their experience in protecting it and they should. Democrats are not communists or anti-American. They need to belong to the American electorate knowing their loyalty and patriotism. Patriotism and the American flag has not gone out of style.

November 30, 2015
By Patrick Caldwell

"How Bush v. Gore Decision Could Factor Into this Close Virginia Race" (click here)

...The Supreme Court usually prides itself on respecting the past while keeping an eye toward future legal precedent. But the court trod lightly when it intervened in 2000. The five conservative justices may have handed the election to Bush, but they tried to ensure that their decision would lack wider ramifications. “Our consideration is limited to the present circumstances," read the majority opinion in Bush v. Gore, "for the problem of equal protection in election processes generally presents many complexities."...

The officer should be arrested right along with the suspect.

April 15, 2015
By Phil Helsel

An Arizona police department (click here) released video Tuesday showing a police officer using a car to ram an armed suspect in February.
The video shows a Marana Police Department cruiser slamming into Mario Valencia, who was allegedly armed with a stolen gun and fired a shot in the air on Feb. 19....

I doubt a month of police training includes any information regarding the public and their behavior to stem police violence. Attempted murder is not good police work.

...basic recruit training - excluding any field training component - was 18 weeks across all academies with a range anywhere from four weeks to six months....

...There is no standard national curriculum, (click here) but the state may guide agencies in developing training programs. Each state has a Commission on Peace Officers Standards and Training (POST) or similar entity which establishes minimum selection standards for law enforcement officers, sets minimum education and training standards, and serves as the certification or licensing authority for sworn personnel(1). These agencies may be helpful in getting an idea of your state’s approach to law enforcement training....

Police cars are sometimes used to block other cars, but, that ends where a suspect is on foot. There is no way this is good practice no matter how the officer involved attempts to justify it.

The idea a suspect can be mowed down by police is a violation. It is an attempt at homicide. Just because this one suspect survived the tactic doesn't mean that will be the result in the future. 

I realize the suspect's power in the circumstances could have escalated if he found a hostage or police could be receiving gun fire in apprehending him, but, to take a suspect's life as disposable is not the method of law in the USA. Police are not judge and jury. When they attempt to be exactly that, there has to be consequences.

This suspect stole a gun. He doesn't have additional ammunition. The danger he posed was limited and it is that which should be a focus of apprehending him.  No one suspect is the same as another. Each apprehension is dangerous and unique. Police work requires being able to move past the potential of the criminal and end that power. Police should be given every advantage to carry out their work safely, including bullet proof windshields and other bullet proof measures. Every officer should be going home safely to their families. That should be the focus of society, but, to take the lives of suspects in the process is not part of it when there are other measures that can be employed.

This suspect was armed and could result in a greater danger, but, it doesn't have to. Using a police car in such a method is not good police work. The suspect is not covered in body armor.

Did you know most states in the USA have no child law about sexting?

April 13, 2015
By Radley Balko

...Joliet Police Chief Brian Benton said (click here) posting the video online made already risky behavior criminal.
“It’s a criminal offense, first of all, to post that type of material online, especially for underage,” Benton said.
Police want the charges against the four students to serve as a cautionary tale to other youths engaged in high-risk behavior.

“The child pornography offense that was charged is in place for a reason, because we don’t want to accept that type of behavior as a society,” Benton said. “It’s making a strong statement, and I think it’s important to do so, to send a message to others that kids shouldn’t be involved in this type of behavior, and hopefully this will serve as a deterrent.”

Benton said such behavior could seriously affect the teens’ lives “for years to come.”...

That is some kind of attitude. The federal government needs to pass laws for the protection of our young people while modifying their behavior and bringing them insight. Jail is not going to bring about young people wise to their value as adults and the importance of valuing their privacy. There also needs to be Sexting Curriculum in any sex education class.

Currently, Sexting is considered Child Porn. That has to be proven in the case of young people. They are usually playing with their sexuality when it occurs. There is not a payment for placing those images on the net.

There are many examples of adults doing foolish things that have cost them a career to bring awareness to young people.

Christie can move past his branding in New Jersey.

April 14, 2015

MANCHESTER, N.H. —Chris Christie on Wednesday  (click here) began a two-day visit to first-primary state New Hampshire by laying out a specific and potentially controversial plan to tackle what he called the root cause of the nation’s fiscal woes -- entitlements....

Raising the age for eligibility is unpopular. Voters won't like it. But, it is admirable he even broached the topic. What seems to be the solution most appropriate is raising the cap on SSI tax. Realizing the Republican Party has anti-tax rhetoric to satisfy the "Heritage Foundation" (click here) states it won't work. 

Their argument focuses on comparison of the USA to other countries. The Heritage Foundation uses international comparisons inconsistently. If the argument makes a point they use it and if it seems anti-American they don't. So, this is an argument of convenience for Heritage. Their researchers in the past have proven unreliable in their methodologies as well.

The best idea about SSI will result from sound research accepted by peer reviewed journals. 

Social Security is the foundation of the USA economy. When the economy toppled in 2008, SSI served as circulating capital to stabilize at least a basement support. The answers for SSI, Medicare and SSD has to be proven to be effective and stable to these entitlements. SOUND principles and not populous messages are important.

I don't believe he is a thinking person. He is all about 'mind speak' and labeling. He isn't a good leader.

April 13, 2015

Tom Cotton (click here) strikes me as the most interesting Senate freshman for any number of reasons, not least of which is his uncanny ability to draw attention to himself, most notably when he convinced 46 of his Republican colleagues to sign an open letter to Iranian Supreme Leader Ayatollah Khamenei. In the letter, Cotton, the extremely junior senator from Arkansas—he's the youngest member of the Senate, at 37—and his co-signers warned Khamenei that Congress might use its power to overturn or, at the very least, modify whatever agreement the Iranian regime eventually chooses to sign with President Obama and his great-power allies....

It is all politics, he is branding himself as the next "W"ar President. The guy is a real jerk. His election strategies are "Simpletons are Us."

Could the days of draconian airline charges be over? The food fight begins with Quantas and Virgin Australia.

April 15, 2015

Virgin Australia (click here) will offer free food and checked baggage to passengers on flights across its entire domestic network as it endeavours to chip away at Qantas' grip on the market.
Australia's second-largest airline said it would tailor its food and beverage selection to the time of day and the duration of flights, varying from a muffin and yoghurt to a sandwich and a drink.
The rollout of the complimentary meals from Wednesday includes Virgin's regional network....

..."We're delighted to announce that the Virgin Australia product offering now includes complimentary food and drink, checked baggage on all flights as well as entertainment across our domestic network," he said.
"The rollout of free food and checked baggage, to complement our wireless in-flight entertainment, is an important part of our ability to deliver a consistent, premium service across our network."...

To begin Secretary Clinton is not selling herself as a woman, except, for wearing a dress from time to time.

The Human Rights Commission says Paul Henry's attitude towards feminism is "wrong". (click here)
The controversial broadcaster questioned why Hillary Clinton was selling herself as a woman as she campaigns to become the first female US president.
Henry said: "Why, if feminism has come so far, does she feel the need to highlight the fact that she's a woman? Shouldn't she be selling herself on the fact that she's the best person, the right person, for the job, no matter what her sex?"
The comments were made in just the second week of his new TV3 and RadioLive Paul Henry show - with many eyes on the broadcaster known for making controversial comments....

Yesterday was the anniversary in the US of the signing of the "Lilly Ledbetter Fair Pay Act of 2009." I think that says it all.

Feminism, in relation to any woman in politics is a matter of fair and equal employment.

This is the New Zealand perspective.

April 15, 2015

...Feminism (click here) is a belief that gender should not limit anyone's chances at life and quite frankly people are deluded if they believe women currently get the same opportunities as men to make it in business, politics and the like.

If we have come as far as you say we have why has female representation in our Parliament been stuck at around 30% since the first MMP election in 1996? Why did it even go backwards at the 2014 election? Why is the percentage of female directors on the NZX listed companies a paltry 14%? Why is it that there is a persistent mean pay gender gap in the labour market of around 14 %?...

The Aussie and New Zealand culture can be very genderized. The women in these countries have a difficult time in achieving equality. This is a huge issue for them and for women in many other countries. Secretary Clinton is on the record for stating, "Human rights is women's right and women's right are human rights." It's pretty clear how she addresses these issues.

Her gender is obvious. If it draws women to her side because they can relate to her over other candidates that are men, then that is the way of the world. 

Secretary Clinton's candidacy, while about the US Presidency, will attract attention globally. She is a great woman. Gender can be polarizing in my countries.  

I think the USA has moved past the 'mind speak' of gender. Taking a stand that women belong in the kitchen ended in the USA a long time ago. The question in the USA that still remains is equality in opportunity and pay. That seems to stick like glue for some reason. That is discrimination. Discrimination is never lawful in the USA, but, there are still stubborn problems due to it. 

Secretary Clinton can be iconic in many countries. I would expect her run for President to take on very interesting dynamics abroad. 

Can those diagnosed with Alzhimer's understand and enjoy intimacy?

April 15, 2015

A husband in his seventies (click here) is on trial for sexual abuse and could face up to 10 years in jail for having sexual intercourse with his wife, who suffered from Alzheimer's disease.
A US jury will have to decide whether Donna Lou Rayhons, who died last year, was mentally capable of consenting to sex with her husband, Henry, in a case being closely watched by doctors and dementia charities.
Mr Rayhons, 78, a farmer and prominent Iowa state politician, met his wife singing in a church choir after both had been widowed. They married in 2007; she joined him while he conducted business at the state capitol and they spent their time off beekeeping.
A few years into the marriage, Mrs Rayhons was diagnosed with Alzheimer's disease and her condition deteriorated rapidly, but the couple continued to have conjugal relations....

This is from the Alheimer's Society: 

...Everyone (click here) has the right to express their sexuality without fear of judgement. This is no less the case for people with dementia.

Intimate relationships can take many different forms and sex is not important for everyone. Over time, some partners develop forms of physical intimacy, such as touching, that do not correspond with what they had previously thought of as 'sex'. By keeping an open mind about what 'sex' and 'intimacy' mean for you and your partner, you will be well placed to focus on the pleasurable aspects of your relationship and less worried by the rest....

There is no standard answer. It is how the diagnosis plays out. Just because someone is diagnosed with a mental disorder doesn't mean they have problems with intimacy. There are times when the inhibitions that existed in the relationship can diminish as well. So, the idea this can be put into a category and litigated is a bit odd.

If there were bruises and forceful intent, that is different. That may fall into the category of abuse, but, if there is intercourse it falls into the rape standard. So, while spouses can be confused about their role in the relationship realizing Alzheimer can have an early onset, it is the role of the physician to approach this subject. 

The deeply religious couple will have more problems processing this topic. In that case religious ministers and/or priests can provide insight. But, when cognitive disorders set in the relationship will change. The spouse should consider moving on into a relationship they can find their own affections returned in an appropriate way.

None of these circumstances are easy and require professional help from medical doctors and/or religious guidance. 

Spouses should not be afraid of their partners to touch and react to their relationship. Quality of life enters the dynamics and whether or not there can be an understanding of pleasure between the two.

The question that comes to mind; does and can intimacy actually act as a therapy to stem the progression of disease? Are the pleasure centers of the brain deeply effected? Are the pleasure centers first to be effected or last? What goes on with the brain in relation to understanding and appreciating pleasure?

April 15, 2015

Sexology is the interdisciplinary scientific study of human sexuality, (click here) including sexual behaviours, interests and function. A sexologist is a trained professional who specialises in human sexuality.
There are many different ways a sexologist may work, and many different areas she may work in - in clinical settings, in education, and in research. Here's the type of couple a clinical sexologist may encounter.

A consultation

Sarah and John have been together for two years and have recently become engaged. Generally, they're very happy with their lives, with satisfying careers, good relationships with their families, and many shared interests. They're even hoping to start their own family but the one area of their lives that things don't work so well in is the bedroom....

China is welcome to it. The liability is ridiculous.

HONG KONG (AP) " Segway, (click here) the iconic but struggling U.S. maker of personal electric scooters, has been bought by a Chinese company.
Beijing-based Ninebot Inc., which makes a range of short-distance motorized transport devices, said Wednesday that it bought Segway for an undisclosed amount.
Ninebot's purchase of New Hampshire-based Segway is the latest example of a Chinese company acquiring foreign brands or technology.
The acquisition comes months after the U.S. International Trade Commission agreed to investigate Segway's claim that Ninebot and other companies were infringing on its patents and copyrights.
Segway wanted to block imports of competing scooters into the United States.
In a statement, Segway President Rod Keller said the "strategic alliance with Ninebot will enable us to provide more intelligent and valuable products for our customers."