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Are Slaves and Children Making Our Clothes?

What follows is a medley of articles on the subject of child and economic slaves at work making our clothing apparel.  The purpose here is to raise awareness surrounding this issue and provide readers a starting point for learning how we unwittingly contribute to human exploitation.

Are Slaves and Children Making Our Clothes?

New Report Finds Major US Clothing Brands Are Fueling Modern-Day Slavery Through Negligence

by , 11/24/12

http://inhabitat.com/new-report-finds-major-us-clothing-brands-are-fueling-modern-day-slavery-through-negligence/

new report by the California-based non-profit organization Not for Sale has found that many major fashion retailers, including Abercrombie and Fitch, Carters, Quiksilver, Walmart, and Aramark, are complicit in the persistence of modern-day slavery through negligence. The report, titled Apparel Industry Trends: From Farm to Factory, studied the publicly available and self-reported data of 300 apparel brands so as to determine the supply chain links between those brands and companies known to engage in child- and forced-labor—abuses suffered by an estimated 300 million people worldwide.

REPORT ON MODERN DAY SLAVERY IN THE APPAREL INDUSTRY

http://www.notforsalecampaign.org/news/2012/11/14/not-for-sale-releases-report-on-modern-day-slavery-in-the-apparel-industry/

Not For Sale released today a revealing report on slavery in the apparel industry, featuring supply chain ratings for more than 300 brands. Modern-day slavery, which currently affects more than 30 million people, is used throughout the production of many clothing products sold on U.S. shelves. The report, “Apparel Industry Trends: From Farm to Factory,” uses publicly available information and data self-reported by companies to rate how brands are addressing child and forced labor in their supply chains.As U.S. sales for Fair Trade Certified products grew 75 percent in 2011, consumers increasingly want to know the impact behind their purchases. The global slave trade is complex and product supply chains remain opaque, making it difficult for even the most informed consumers to know how their purchases are connected to labor abuses. Not For Sale makes the rankings available to shoppers online and through a smart phone application, Free2Work, as a tangible way to advocate against modern-day slavery in day-to-day life.

“To create true breakthrough in the fight against slavery, we need systemic change,” said David Batstone, Not For Sale President and Co-Founder. “Free2Work and the Apparel Industry Trends Report equip everyone to advocate for that change and make it a part of their everyday life.”

The report released in a presentation on Nov. 13 in Ankara, Turkey at the United Nations General Assembly expert group meeting on “Human Trafficking & Global Supply Chains.” The meeting included corporate, government, labor union, and NGO leaders from around the globe. It is the first comprehensive report on forced and child labor in international supply chains.

Not For Sale created the report to urge the clothing sector forward by offering best practice examples from industry leaders. It also points out brands that are fueling modern-day slavery through their negligence: Carter’s, Quiksilver, Walmart, and Aramark all receive “D” or “F” ratings and need to make significant improvements.

Ratings only indicate how companies are addressing the particular issue of modern slavery and do not reflect the overall measure of general supply chain working conditions. For example, while Adidas receives a “B,” campaigning is currently underway in response to the company’s refusal to pay over a million dollars in wages owed to Indonesian workers.

This is Not For Sale’s first full-length Free2Work report, and the organization has plans to release similar industry trend reports in upcoming months. To date, Not For Sale has released indepth grades and profiles on over 500 brands in industries like apparel, food and electronics.

Click here to view the report and become a smart consumer.

How Many Slaves Work for You? New Online Tool Measures Your Impact

by , 10/05/11

Bought a smartphone lately? What about a computer, T-shirt, or even a cup of Joe? Chances are, slaves made them. The Emancipation Proclamation may have abolished slavery in the United States nearly 150 years ago, but forced labor is still alive and well in the rest of the world. No matter what the brand, everything boils down to the supply chain: the people who pick and mill your cotton, mine the tungsten and gold, and harvest the coffee beans. And they’re all working for you. At least 27 million bonded laborers exist worldwide, according to Slavery Footprint, a new website and mobile app that measures the role forced labor plays in supporting our lifestyles. Most of us would like to assume the answer is zero, but even the most conscientious of consumers aren’t exempt—according to the calculator, this writer has 22 slaves forced to work against their will.

People Falsely Convicted Spend Years In Jail Before Exonerations, And They Are the Luck Ones.

The following is an abridged summary of a report on criminal exonerations in the United States.  This summary is my attempt to provide quick overview of the findings in the report.  I encourage everyone to download the report and read it in detail.  You cannot get the full impact of this work from this abridged version.
Exonerations in the United States, 1989 – 2012
Report by the National Registry of Exonerations
May, 2012
This is the first Report from the National Registry of Exonerations, a joint project of the University of Michigan Law School and the Center on Wrongful Convictions at Northwestern University School of Law.  The Registry can be found at exonerationregistry.org. It includes detailed information on the 873 individual exonerations in the United States from January, 1989, through the end of February, 2012.
 “Exoneration,” as we use the term, is a legal concept. It means that a defendant who was
convicted of a crime was later relieved of all legal consequences of that conviction through a decision by a prosecutor, a governor or a court, after new evidence of his or her innocence was discovered. As you will see in this report, the number of exonerations in the United States is not a good measure of how often our justice system produces false convictions.  The full report also contains wrenching examples of truly innocent people falsely caught up in the system.
EXONERATIONS FOR FALSE CONVICTIONS
  • The procedure for convicting a defendant of a crime is set by law: unless the defendant pleads guilty, he must be convicted at a trial before a judge or a jury by proof beyond a reasonable doubt.
  • There is no set legal procedure for deciding that a convicted defendant is innocent when subsequent proof of innocent surfaces.
  • Persons convicted of a crime can appeal but
    • Appeals are mostly based on some misapplication of law at trial
    • New evidence cannot be presented to win a chance to appeal
    • Accuracy of the trial court’s judgment is not reviewed
    • Winning an appeal triggers a new trial, not an exoneration
  • Most exonerated defendants have their convictions vacated by courts at some point, but that almost always occurs in some form of “collateral review” or “extraordinary relief” proceeding after the process of ordinary appellate review has run its course, which can take years.
WHO’S EXONERATED, AND BY WHAT PROCEDURE
All told, we know of 873 individual exonerations from January 1989 through February 2012. For these exonerees:
·          93% were men (816/873) and 7% were women (57/873).10
  • We know the race of the defendants in 92% of the cases (802/873):
    • 50% were black (399/802),
    • 38% were white (303/802),
    • 11% were Hispanic (86/802), and
    • 2% were Native American or Asian (14/802).
  • 8% pled guilty (71/873) and the rest were convicted at trial – 87% by juries and 8% by judges.
  • 37% were cleared at least in part with the help of DNA evidence (325/873).
  • 63% were cleared without DNA evidence (548/873).
  • Almost all had been in prison for years; half for at least 10 years; more than 75% for at least 5 years.
  • As a group, the defendants had spent more than 10,000 years in prison for crimes for which they should not have been convicted – an average of more than 11 years each
As a procedural matter, these exonerations occurred in several ways; in some cases, in more than one way:
113 Pardons: Governors issued pardons based on evidence of the defendants’ innocence.  In 41 cases of defendants whose charges had previously been dismissed, and three who had been acquitted on retrial by a jury or a judge.
673 Dismissals: Criminal charges were dismissed by courts, generally on
motion by the prosecution, after new evidence of innocence emerged.
76 Acquittals: Defendants were acquitted on retrial on the basis of newly
presented evidence that they were not guilty.
11 Certificates of Innocence: In a small number of cases courts have issued “certificates of innocence,” “declarations of wrongful imprisonment,” or similar judgments of innocence.
10 Posthumous Exonerations: Ten defendants received posthumous exonerations; two of them also received a judicial declaration of innocence.
EXONERATIONS BY CRIME
The 2003 Report divided the exonerations it listed into four crime categories: Murder
(including a few manslaughter convictions), Rape (including other sexual assaults), Other
Crimes of Violence, and Drug and Property Crimes.30 In Table 1 we compare the cases in the 2003 Report and those in the National Registry, using those classifications.
Exonerations by Category of Crime
CRIME
1989 – 2003 REPORT
1989 – 2012 REPORT
Murder (including manslaughter)
60% (205)
48% (416)
Rape (and other sexual assaults)
36% (121)
35% (305)
Adult Victims
30% (103)
23% (203)
Minor Victims
5% (18)
12% (102)
Other Crimes of Violence
3% (11)
11% (94)
Drug and Property Crimes
1% (3)
7% (58)
TOTAL
100% (340)
100% (873)
TIME TO EXONERATION
The overall average is 11.9 years from conviction to exoneration, 13.0 years from arrest. The range varies greatly. Exoneration generally takes long when the crime is more serious.
Time to Exoneration: All Crimes (Five-Year Moving Average)
RACE OF EXONEREES
Black defendants are heavily overrepresented among exonerees: they are heavily overrepresented among those arrested and imprisoned for violent crimes and drug crimes. But the disproportions we see are greater than what one would expect. In 2000, for example, 46% of state and federal prisoners were black; in 2008, that  proportion was 38%.42Using either bench mark, black exonerees, at 50%, are somewhat overrepresented among all exonerees – but this disparity is unevenly distributed. In 2008, 43% of homicide prisoners were black,43 only slightly fewer than the 49% of homicide exonerees who were black. For robbery, the difference is greater: 52% of prisoners and 64% of exonerees were black; for drug crimes, 45% of prisoners and 60% of exonerees were black (but the number of cases is small). Finally, for sexual assault, the difference is huge: 25% of prisoners, but 63% of exonerees were black.
EXONERATIONS BY STATE
The 873 exonerations in the Registry come from 43 states, the District of Columbia, the
Commonwealth of Puerto Rico, 19 federal districts, and the military. They are very unevenly distributed by state, and especially when broke down by county. This suggests we are missing many cases – both innocent defendants from jurisdictions where exonerations are vanishingly rare, and exonerated defendants whose cases have received little or no public attention.  Two-thirds of all exonerations occur in just 10 states. In the most recent report, Excluding Federal cases, the top 10 states account for 64% of all exonerations. They are:
1. Illinois 101
2. New York 88
3. Texas 84
4. California 79
5. Michigan 35
6. Louisiana 34
7  Florida 32
8. Ohio 28
9. Massachusetts 27
10. Pennsylvania 27
SOME CAUSES OF FALSE CONVICTIONS
There is a well-known list of factors that are associated with exonerations: eyewitness
misidentification, false confession, perjury, false or misleading forensic evidence, official
misconduct.  More than one factor may be present in a false conviction.  For all exonerations, the most common causal factors are perjury or false accusation (51%), mistaken eyewitness identification (43%), and official misconduct (42%).  For 104 exonerations, our information includes clear evidence of severely inadequate legal defense, but we believe that many more of the exonerated defendants – perhaps a clear majority – would not have been convicted in the first instance if their lawyers had done good work.
CONCLUSIONS (UNABRIDGED)
The most important thing we know about false convictions is that they happen and on a regular basis. We don’t know how often they occur or what types of cases are most common. Most false convictions never see the light of day. We know only about the rare ones that are discovered and corrected (at least in part) by exoneration – and we miss many cases in which innocent defendants are exonerated, probably most. We do know that the more we look, the more exonerations we find, and the more varied they are.
The most important goal of the criminal justice system is accuracy: to identify and condemn the guilty, and to clear the innocent. The most effective way to do so is by careful, honest and open minded work before conviction, in the investigation and prosecution of criminal charges.
The next most important task is to remain open minded after conviction about the possibility of error. The overwhelming majority of convicted defendants are guilty. Most never dispute their guilt and few ever present substantial post-conviction evidence of innocence. When that does happen, however, it should be taken seriously. We know of many exonerated defendants who were imprisoned for years, even decades after they presented strong evidence of their innocence.  We cannot prevent all false convictions, but we must not compound these tragedies by stubbornness or arrogance or, worst of all, indifference.
The National Registry of Exonerations is the largest database of its kind ever assembled. We have already learned a great deal from it. In particular, it is now clear that false convictions are not one sort of problem but several, and that the solutions that might prevent them vary drastically from one context to another: For homicides, the biggest problem is perjury and false accusation, most often by supposed eyewitnesses, with official misconduct a close second. False convictions in adult rape cases, on the other hand, are primarily based on eyewitness mistakes – more often than not, mistakes by white victims falsely identifying black defendants. Most false convictions in child sex abuse cases, by contrast, are for fabricated crimes that never occurred.  And so forth.
We will learn more as the Registry matures and we gather data about a larger number of
exonerations across a wider range of settings. The more we learn about false convictions the better able we will be to prevent them, or failing that, to identify and correct them after the fact.

GAO – $450 Billion Gap in Taxes Owed Per Year

The following excerpt is taken directly from a GAO report called  “HIGH-RISK SERIES An Update,” which highlights the difficulties in collecting revenue legally owed to our federal government. You will note from the steps recommended that significant collection efforts are to be focused on corporations and other business practices.  The $450 billion in annual lost revenue does not take into account other shady tax loopholes used by the wealthy hide their income.  It also isn’t clear if this total includes taxes lost in  the underground cash and barter economies, which costs us billions in lost revenue.  Unpaid taxes are an affront to a fair and balanced tax system.  Lost revenue must be made up out of the pockets of law abiding citizens.  Any changes to tax laws to make them fairer must include provisions to make collection more uniform.

Enforcement of Tax Laws

The Internal Revenue Service (IRS) recently estimated that the gross tax gap—the difference between taxes owed and taxes paid on time—was $450 billion for tax year 2006. For a portion of the gap, IRS is able to identify the responsible taxpayers. IRS estimated that it would collect $65 billion from these taxpayers through enforcement actions and late payments, leaving a net tax gap of $385 billion. The tax gap has been a persistent problem in spite of a myriad of congressional and IRS efforts to reduce it, as the rate at which taxpayers voluntarily comply with U.S. tax laws has changed little over the past three decades. Given that the tax gap has been persistent and dispersed across different types of taxes and taxpayers, coupled with tax code complexity and a globalizing economy, reducing the tax gap will require applying multiple strategies over a sustained period of time.

IRS enforcement of the tax laws is vital for financing the U.S. government. Through enforcement, IRS collects revenue from noncompliant taxpayers and, perhaps more importantly, promotes voluntary compliance by giving taxpayers confidence that others are paying their fair share. GAO designated the enforcement of tax laws as a high-risk area in 1990.IRS and Congress have shown a commitment to addressing the tax gap. Importantly, IRS continues to research the extent and causes of taxpayer noncompliance and is using the results to revise its examination programs. While still in the early planning stages, IRS has met with key stakeholders to develop options for expanding compliance checks before issuing refunds to taxpayers. IRS is also extending a program to encourage taxpayers to voluntarily report their previously undisclosed foreign accounts and assets, which has resulted in billions of dollars in collections. IRS, as well as Congress, has taken other innovative actions aimed at further improving tax compliance, often directly based on GAO’s work, including the following:

• Since 2012, brokers have been required to report their clients’ basis for securities sales.

• Since 2011, banks and other third parties have been required to report businesses’ credit card and similar receipts.

• Starting in 2014, U.S. financial institutions and other entities are required to withhold a portion of certain payments made to foreign financial institutions that have not entered into an agreement with IRS to report details on U.S. account holders to IRS

• Starting with tax year 2010, IRS is requiring businesses to report on their tax returns uncertain tax positions—those for which a business reported a reserve amount in its financial statements to account for the possibility that IRS does not sustain the position upon examination or that the position may be litigated.

• IRS is continuing its multiyear effort to replace the systems it uses to process individual tax returns and receive electronically filed tax returns.

The impact of these initiatives on taxpayer compliance and the tax gap may not be known for years and will depend, in part, on how IRS implements them. Using the new information from financial institutions could require IRS to develop new business processes and uses of information technology. Implementation will also be influenced by IRS’s ability to provide quality taxpayer services, such as telephone, correspondence, and online assistance. GAO found that some services

have experienced performance declines in recent years and IRS’s website could offer additional interactivity for taxpayers.

Another initiative IRS undertook in 2010 was to begin implementing new requirements for paid tax return preparers, such as competency testing, with the goals of leveraging relationships with paid preparers and improving the accuracy of the tax returns they prepare. Given that they prepare approximately 60 percent of all tax returns filed, paid preparers have an enormous impact on IRS’s ability to administer tax laws effectively. In January 2013, the U.S. District Court for the District of Columbia enjoined IRS from enforcing the new requirements for paid preparers. IRS has filed a motion to suspend the injunction and intends to appeal the District Court’s decision. 

Further refining of direct revenue return-on-investment measures of its enforcement programs could improve how IRS allocates resources across its programs. Better use of such measures, subject to other considerations of tax administration, such as minimizing compliance costs and ensuring equitable treatment across different groups of taxpayers, could help maximize income tax collections. Resource allocation will become increasingly important as IRS is tasked with broader responsibilities, such as those in the Patient Protection and Affordable Care Act, in a time of tight budgets.

Additionally, targeted legislative action may be needed to address some compliance issues. IRS has statutory authority — called math error authority—to correct certain errors, such as calculation mistakes or omitted or inconsistent entries, during tax return processing. Expanding such math error authority could help IRS correct additional errors before interest is owed by taxpayers and avoid burdensome audits. Additional types of information reporting could also help improve compliance.

Taxpayers are much more likely to report their income accurately when the income is also reported to IRS by a third party. By matching information received from third-party payers with what payees report on their tax returns, IRS can detect income underreporting, including the failure to file a tax return. Currently, businesses must report to IRS payments for services they make to unincorporated persons or businesses, but payments to corporations generally do not have to be reported.

Taxpayers who rent out real estate are required to report to IRS expense payments for certain services, such as payments for property repairs, only if their rental activity is considered a trade or business. Expanding information reporting in these areas could increase payee reporting compliance. In 2010, the Joint Committee on Taxation estimated revenue increases for a 10-year period from third-party reporting of (1) rental real estate service payments to be $2.5 billion and (2) service payments to corporations to be $3.4 billion.

A broader opportunity to address the tax gap involves simplifying the Internal Revenue Code, as complexity can cause taxpayer confusion and provide opportunities to hide willful noncompliance. Fundamental tax reform could result in a smaller tax gap if the new system has fewer tax preferences or complex tax code provisions, reducing IRS’s enforcement challenges and increasing public confidence in the fairness of the tax system. Short of fundamental reform, targeted implification opportunities exist. For example, changing tax laws to include more consistent definitions across tax provisions, such as which higher education expenses qualify for some of the savings and tax credit provisions in the tax code, could help taxpayers more easily understand and comply with their obligations.  For IRS to improve its enforcement of tax laws it must continue to:

• perform compliance research on a regular basis and use the results to identify areas of noncompliance;

• seek ways to leverage paid preparers to improve tax compliance;

• implement new (1) requirements for sources of taxpayer information and (2) technologies to enhance the effectiveness and timeliness of service and enforcement corrective measures; and

• develop return on investment measures to better allocate resources and maximize income tax collection.

In that regard, IRS should implement GAO’s open recommendations, such as those on developing measures of direct revenue return on investment.  To assist IRS in reducing the tax gap, Congress should consider expanding IRS’s math error authority to correct taxpayer calculation mistakes or omitted or inconsistent entries during tax return processing before issuing refunds. Congress should also consider requiring payers to report service payments to corporations and making rental real estate owners subject to the same payment reporting requirements regardless of whether they engaged in a trade or business under current law. In the event that IRS cannot implement its new requirements without additional statutory authority, Congress should consider whether tax compliance could be improved by regulating paid preparers. The ongoing debate about tax reform also provides opportunities to consider the effect of tax simplification on taxpayer compliance and the tax gap.

Minimum Wage Proposal A Small Step

In his State-of-the-Union Address President Obama proposed raising the federal minimum wage to $9.00 per hour and indexing it to inflation. He said a family of four with two children still lives below the poverty line when one parent works full-time at minimum wage. The proposed increase would lift them out of poverty, he said.


by Google Images

What a welcome suprise! Virtually no attention was given to the working poor in the last election. In the past decade real wages rapidly declined for the working poor, driving ever more citizens into the grip of intractable poverty.

When a person works full-time for a profitable company their compensation should enable them to care for their family. When this isn’t the case, they must rely on taxpayer-subsidized housing, food stamps, medical care, daycare, or other supportive services. This takes a toll. It  can erode a person’s dignity and self-worth. It can foster a sense of inadequacy or self-loathing.

On a social level the working poor are often labeled and marginalized. They are deemed to be less worthy. They are less likely to be promoted or rehired after a layoff. Any economic hardship at all can lock them into a cycle of poverty where their hope for a better life evaporates with each passing year. Escaping poverty in America  today is the exception, not the rule.

Many wealthy companies are just as dependent on government subsidies for cheap labor. Without taxpayer assistance for their workers these companies would have to pay a living wage in order to maintain a stable workforce.

And what is wrong with that? Shouldn’t adequate compensation be part of the cost of doing business? Why should business owners be allowed to pad their profits by cutting labor costs at taxpayer expense?

We can expect the pro-business lobby to oppose an increase in low-wage pay while calling for more spending cuts and lower business taxes. Austerity can’t create more jobs and spending cuts will never result in more pay for low-wage earners. Only an increase in the minimum wage or a living-wage law can do that.

Pro-business economists will claim that a higher minimum wage will increase unemployment and hamstring businesses, especially small businesses. Much evidence suggests the opposite. Higher minimum wages have a simulative effect on the economy. The extra $1.75 per hour will be spent immediately, boosting business profits and sparking more demand.

The pro-business lobby will claim the proposed increase is excessive, but here the facts are against them. Even President Obama got this wrong. The poverty wage for a family of four is current $10.60 per hour. If passed, President Obama’s proposal would still means a minimum-wage worker would have to work overtime, take another part-time job, or have their spouse work part-time to reach the poverty line.

And what does it really mean to be at the poverty line? Does this make a family economically self-sufficient?

No, it does not. A living wage to lift a family of four above the need for taxpayer subsidies is considerably higher. In Wyoming, for example, a living wage for this family is $16.93 per hour. In Virginia it is $20.88 per hour, and in California it is $22.15 per hour. These figures are not government artifacts. They are actual costs based on local free-market economies.

While business owners and corporations may squeal at the size of the proposed increase in the minimum wage, they would still benefit greatly from taxpayer subsidies for their low-wage employees. Raising the minimum wage shifts some of the burden of caring for employees to the employers, but not much. It still doesn’t hold wealthy corporations responsible for their low-wage workers or for the harm that poverty wages inflict on their families.

The Death Penalty in Alabama: Judge Override

Equal Justice initiative
122 Commerce Street
MontgomeryAlabama 36104
334.269.1803
July 2011

 EXECUTIVE SUMMARY AND MAJOR FINDINGS

No capital sentencing procedure in the united States has come under more criticism as unreliable, unpredictable, and arbitrary than the unique Alabama practice of  permitting elected trial judges to override jury verdicts of life and impose death sentences.

  • Of the 34 states with the death penalty, Alabama is the only jurisdiction where judges routinely override jury verdicts of life to impose capital punishment.
  • Since 1976, Alabama judges have overridden jury verdicts 107 times. Although judges have authority to override life or death verdicts, in 92% of overrides elected judges have overruled jury verdicts of life to impose the death penalty.
  • Twenty-one percent of the 199 people currently on Alabama’s death row were sentenced to death through judicial override.
  • Judge override is the primary reason why Alabama has the highest per capita death sentencing rate and execution rate in the country. Last year, with a state population of 4.5 million people, Alabama imposed more new death sentences than Texas, with a population of 24 million.
  • Override is legal in only three states: Alabama, Delaware, and Florida. However, Florida and Delaware have strict standards for override. No one in Delaware is on death row as a result of an override and no death sentences have been imposed by override in Florida since 1999. In Delaware and Florida, override often is used to overrule jury death verdicts and impose life – which rarely happens in Alabama.
  • Alabama’s trial and appellate court judges are elected. Because judicial candidates frequently campaign on their support and enthusiasm for capital punishment, political pressure injects unfairness and arbitrariness into override decisions.
  • Override rates fluctuate wildly from year to year. The proportion of death sentences imposed by override often is elevated in election years. In 2008, 30% of new death sentences were imposed by judge override, compared to 7% in 1997, a non-election year. In some years, half of all death sentences imposed in Alabama have been the result of override.
  • There is evidence that elected judges override jury life verdicts in cases involving white victims much more frequently than in cases involving victims who are black. Seventy-five percent of all death sentences imposed by override involve white victims, even though less than 35% of all homicide victims in Alabama are white.
  • Some sentencing orders in cases where judges have overridden jury verdicts make reference to the race of the offender and reveal illegal bias and race-consciousness. in one case, the judge explained that he previously had sentenced three black defendants to death so he decided to override the jury’s life verdict for a white defendant to balance out his sentencing record.
  • Some judges in Montgomery and Mobile Counties persistently reject jury life verdicts to impose death. Two Mobile County judges, Braxton Kitrell and Ferrill McRae, have overruled 11 life verdicts to impose death. Former Montgomery County Judge Randall Homas overrode five jury life verdicts to impose the death penalty.
  • There are considerably fewer obstacles to obtaining a jury verdict of death in Alabama because, unlike in most states with the death penalty, prosecutors in Alabama are not required to obtain a unanimous jury verdict; they can obtain a death verdict with only ten juror votes for death. Capital juries in Alabama already are very heavily skewed in favor of the death penalty because potential jurors who oppose capital punishment are excluded from jury service.

Reflections on the Human Spirit

Spirit is a word with many meanings, but the difficulty we have in defining it should not take away from the fact that it is real.

 For me, spirit is a personal, intuitive sense of being, distinct from, yet an integral part of the greater universe. It is the source of morality, ethics, justice and universal truths. It is not synonymous with religion. I believe human spirit is the source, not the result of religion. It is what makes human rights unalienable. It is what knits us all together while singling each of us out as somehow special at the same time. It is the organizing force behind our social economy and the broader social ecology of our collective development.  It is that which, despite all individual and group differences, makes all of us equal from birth. It broadens and deepens our social bonds. It is the essential element for our personal well being, our survival as a species and the survival of Earth as we know it today.

 From my perspective, spirituality is indwelling. It invades conscious awareness from  fundamental sources deeply imbedded within each of us, as if our whole body is a spiritual organ physically connected to all things. Other people experience spiritual perceptions from a different direction, such as emanating from outside the body and beyond physical existence. It hardly matters.  What matters is that it connects us to the world and to each other. It reveals to us pure and enduring insights that we all share. It is a source of knowledge, accessible through introspection and heightened perceptions, that dissolves the estrangement we sometimes feel towards nature or other human beings. The human spirit always arches towards a broader, deeper unity and that special sense of well being we call love.

 With all the tensions and challenges today, are we loosing our humanity?  I don’t believe so.  The human spirit has always faced competitive forces. The most persistent form of this competition pits self-interest over communal interests or present advantage over future needs. Nearly every challenge we face today fits this form.  Our challenge, as always, is to elevate the human spirit in our selves and in our world. There are no secret strategies. Most everyone reading this knows what they need to do. Together we must overcome greed with our generosity, both materially and in spirit.  We must empower the marginalized, inspire the dispirited, organize the discouraged, protect the vulnerable, overpower the skeptics, confront the intolerant and above all, bring up our children to be champions of the human spirit.

HOUSTON, TAKE DOWN THIS THREATENING MESSAGE

An Orwellian chill ran through my veins as I sat waiting for my connection at Houston’s George Bush Intercontinental Airport.  It was the early hours of the morning and the Eastern sky was just starting to brighten.  Travelers milled about the vast terminal or sat in various stages of slumber at the terminal gates as a female voice echoed over the public address system.  It was that familiar security announcement about keeping track of your luggage and such.  No one seemed to notice when this particular message went on to say:

 “You are also reminded that any inappropriate comments or jokes concerning security  may result in your arrest.  We appreciate your cooperation while these measures are in effect.”

Arrest?  “While these measures are in effect”?

I looked around.  No one else seemed to notice they had just been threatened with arrest for cracking jokes or making comments that some security agent might not like.  I suddenly felt less free and less safe from the mercurial powers of the state.

Once we discovered that jetliners can become weapons, tightened security was inevitable, but infringing on our First Amendment rights was not part of the bargain.  It’s one thing to take off your shoes and empty your pockets,  it’s quite another to face arrest for “inappropriate” speech.

Free speech has boundaries, of course.  Everyone knows you can’t yell “fire” in a crowed theater or threaten someone with bodily harm, but when was the last time you were reminded about this in a public announcement at your local cinema?  Houston’s airport message was obviously not referring to the normal boundaries of free speech.

From where does this authority to arrest come and how broadly is it being interpreted?  What law enforcement authority approved this chilling message?  And why is this additional “measure” in effect in Houston but not in most other airports, such as in Newark’s Liberty or New York’s Kennedy Airport?

It seems unlikely that the federal Transportation Security Administration (TSA) would be behind this announcement.  The TSA has very limited law enforcement authority.  Unless you are committing a felony under US law in their presence, TSA agents have no routine power to arrest you (49 USC 44903(d)(2)).  And as far as I know,  joking about airport security isn’t a felony.  The authority of the TSA extends mostly to allowing passengers to fly or not fly.  They can detain you for the purpose of screening or inspecting your personal property, but can’t arrest you if they find, say, a pen knife in your bags.  If you refuse to be searched, they can deny you access to the plane.   Having said that, the practical reach of the TSA is still an open question and there are examples of apparent abuses of their power.  (For an interesting post on TSA authority see: http://www.papersplease.org/wp/2009/04/20/tsa-claims-new-powers-of-detention-search-and-interrogation/).

Most large airports are owned by state or local governments in the US.  They operate under state or local authorities, sometimes through an airport authority administration or private management company.  Airport security, other than passenger screening, is usually provided by state or local law enforcement agencies.

The George Bush Intercontinental Airport is owned and operated by the City of Huston.  It is likely that the Houston Police Department is in charge of airport security.  In fact, on the Houston Police Website, M. A. Eisenman is the Assistant Police Chief in charge of the Homeland Security Command and C. W. Driskel is Captain of the Airport Division.  If there is a law or temporary measure to limit free speech, the city of Houston and not the TSA would be responsible.

There is internet evidence that this same message has been playing in Houston since at least 2007.  In the years since this security message first played, the Iraq war ended, Osama Bin Laden was killed by our special forces, his terrorist network has been decimated, the war in Afghanistan has nearly drawn to a close and there has been no  significant attacks in the United States.  The “war on terror” is settling into a more or less routine program of security vigilance and covert actions.  The flying public accepts today’s airport security arrangements.  If there was ever a need to threaten citizens with arrest for inappropriate speech, that heightened need has surely passed.  It is time for the City of Huston to stop threatening citizens with arrest for making bad jokes and restore respect for our First Amendment liberties.  Houston, take down this threatening message!

“Free Market” Social Services Fail to Deliver

Where do you turn when your aging mother can’t be by herself anymore or you notice your baby seems a little delayed?  Imagine that your teenager start  skipping school and staying out all night or imagine you are suddenly diagnosed with a serious illness or disabled in an accident.  Where do you go for help?

Sooner or later we all knock on the door of our community’s social service network.  What greets us may be far less than we expect.  And sadly, the help available to us will depend a lot on where we live and how much money we make.   The confusing patchwork of private, public and non-profit social service agencies through which we must navigate is the natural, unintended consequence of the free market model we’ve created to deliver social services.

We are all only temporarily able bodied.  We don’t give much thought social services.   We are content knowing that free market competition is efficiently keeping down the cost of publicly financed services for the needy.

It isn’t until we seek help ourselves that we encounter a labyrinth of agencies with confusing components and cutesy sounding acronyms for their names.  Agencies often list the types of services they offer (counseling, for example) without listing the types of problems they serve (such as adolescent issues).   Consumers are expected to know which services work best for their problems.  Some agencies over promise results in their marketing or take on people with problems that would be bettered resolved elsewhere.   Access to services are often restricted by bewildering eligibility requirements based on age, gender, geography, diagnosis, income, insurance provider, religion, ethnicity, funding source or hours of operation.

If your family has one or two very common problems, chances are you will find the help you need.  But if your problems are uncommon or complex, your search will not go smoothly. And if you also happen to be poor, live in an under served community or don’t have transportation, the prospects for getting effective help are slim.

This is the character of our social service networks today.  They are not based on matching service availability and capacity to the needs of local communities.  They are loosely coordinated networks created by free market forces and competition between private or non-profit agencies scrambling for dollars.

For over thirty years we have been privatizing public social services in the belief that free markets are more efficient than government in providing the best services at the lowest cost.  Little attention is given to the inescapable fact that market driven systems create uneven results by their very nature.  This is true in commerce but especially true in public social welfare.  Larger agencies are more politically connected and better positioned to compete for public dollars.  Wealthier communities have a higher profit potential so they attract more and better competitors.   Smaller agencies and program models that incorporate innovative ideas are less able to compete for government money.

Innovative approaches to helping people are usually funded in small trials by private foundations.  Even when these trials prove successful, bringing them up to scale is almost impossible.  Agency competition actually works against it because social service providers are competing on an artificial playing field.

Governments create the playing field on which agencies compete, but the government departments responsible for developing and funding social service contracts are often under staffed and ill equipped to monitor service outcomes.  They also lack the personnel and special expertise it takes to design better programs.  The time and effort involved in researching literature, writing contract proposals, putting contracts out for bid and guiding the implementation of new programs is enormous .  Politicians don’t want to spend what it would cost to create real free market competition for high quality services.

To overcome the uneven distribution of services problem,  governments develop specially targeted service contracts with extra financial incentives to serve specific areas.  But these initiatives are expensive and tax revenues are declining.  Targeted service contracts are usually limited in size and scope because of their higher costs.

We have come to the point where the availability and quality of essential services, to treat an abused child for example,  becomes an accident of birth.  How often have I seen children getting excellent services in one county while children with identical needs have no such services in another.

Commercial markets are efficient in distributing products according to demand when profits are distributed according to merit.   This method breaks down when applied to funding social services.  Competition discourages inter-agency coordination and inadequate  funding increases agency competition in more profitable locations while discouraging them from entering less profitable communities.  This causes unacceptable inequalities in meeting the basic human needs of our people.

There are many pressing issues that demand attention.  How we fund social services is rarely among them, yet the wisdom of distributing social services through artificially created free markets cries out for public debate.

Media Silent on Fukushima Radiation Impact in US

Sometimes the big news stories can only be seen by the shadows they cast. You would think that it would be easy to find detailed updates on the Fukushima disaster’s impact on the fishing industry, milk production, global radiation distribution patterns, etc.  You would be mistaken. The massive media coverage the initial disaster has fallen nearly silent.  Some frustrated environmental advocates have suggested that there may be a media blackout.  Maybe not, but media follow-up stories are few and far between these days.

In July of last year there were major stories about Fukushima and the  plum of radiation reaching across the Pacific Ocean towards North America.  On July 16, 2012, Deborah Dupre of the Examiner reported the following:

“As hair falls out of a Fukushima victim’s head, a new German study reports that North America’s West Coast will be the area most contaminated by Fukushima cesium of all regions in Pacific in 10 years, an “order-of-magnitude higher” than waters off Japan, according to a new German study followed by a former New York Times journalist going inside the no-entry zone and reporting radiation levels over 10 times higher than Tepco’s data.”

The article was accompanied by this scary graphic:

Radioactive Seawater Impact Map

http://www.examiner.com/article/fukushima-west-coast-cesium-slam-ahead-hair-falling-out-tepco-data-flaw?cid=PROD-redesign-right-next

The article went on to say: “”After 10 years, the concentrations become nearly homogeneous over the whole Pacific, with higher values in the east, extending along the North American coast with a maximum (~1 × 10−4) off Baja California,” a new research report states.”

Then, on August 22, 2012, NHK News reported that the Fukushima Daiichi nuclear plant says it has detected radiation 380 times the government safety limit in a fish caught off Fukushima Prefecture.

http://www.forbiddenknowledgetv.com/videos/radiation-poisoning/record-radiation-detected-in-fish-off-fukushima.html

Since then not much else has been reported on the spread of radiation to North America.  It has been reported that tons of debris from the tsunami continues to wash up on the Pacific coast, but very little, especially in the main stream press, about how we are being effected.  http://www.gizmodo.co.uk/2012/12/fukushima-debris-to-keep-hitting-the-pacific-coast-this-winter/

Perhaps my internet search skill are not the best, but the fact that I have to search for follow-up information is a warning sign.  Journalists and the media should paying more attention to to this topic. The one recent article related to radiation fallout from Fukushima I found was a  scientific study published in November, 2012.  It focuses primarily on how tracing  the travel of radionuclides gives insight into atmospheric air circulation in the Northern Hemisphere.

I think we all deserve to know more about what the US, Canadian and Mexican governments are doing to monitor radiation levels, track distribution rates and study how it may be impacting our food supply.

Below is a reference to the recently published study.

Science of The Total Environment Volume 438,

1 November 2012, Pages 80–85

Tracking the complete revolution of surface westerlies over Northern Hemisphere using radionuclides emitted from Fukushima

 M.A. Hernández-Ceballosa, G.H. Hongb, R.L. LozanoaY.I. KimcH.M. Leeb, S.H. Kimb,S.-W. YehdJ.P. Bolívara, ,M. Baskarane

ABSTRACT:

Massive amounts of anthropogenic radionuclides were released from the nuclear reactors located in Fukushima (northeastern Japan) between 12 and 16 March 2011 following the earthquake and tsunami. Ground level air radioactivity was monitored around the globe immediately after the Fukushima accident. This global effort provided a unique opportunity to trace the surface air mass movement at different sites in the Northern Hemisphere. Based on surface air radioactivity measurements around the globe and the air mass backward trajectory analysis of the Fukushima radioactive plume at various places in the Northern Hemisphere by employing the Hybrid Single-Particle Lagrangian Integrated Trajectory model, we show for the first time, that the uninterrupted complete revolution of the mid-latitude Surface Westerlies took place in less than 21 days, with an average zonal velocity of > 60 km/h. The position and circulation time scale of Surface Westerlies are of wide interest to a large number of global researchers including meteorologists, atmospheric researchers and global climate modellers.

http://www.sciencedirect.com/science/article/pii/S0048969712010959

High School Graduation Rates A National Shame

Educational achievement is a long range predictor of a nations economic health and well being.  In advanced economies, a great deal depends on scientific and technical achievements which begin with educational excellence.

A recent report from the World Economic Forum published a study on global business competitiveness that ranks 144 nations according to indicators in 12 categories.  While the United State ranked 7th in the world over all, our ranking in primary and secondary education measures were alarming.  The united states ranked 58th on primary school enrollments and 38th on the quality of our primary education. We ranked 47th in secondary school enrollment and 47th on the quality of math and science education.  (See report summary here )
Now the U.S. Department of Education has released data detailing state four-year high school graduation rates in 2010-11 – the first year for which all states used a common, rigorous measure. The report states:
“The varying methods formerly used by states to report graduation rates made comparisons between states unreliable, while the new, common metric can be used by states, districts and schools to promote greater accountability and to develop strategies that will reduce dropout rates and increase graduation rates in schools nationwide.
The new, uniform rate calculation is not comparable in absolute terms to previously reported rates. Therefore, while 26 states reported lower graduation rates and 24 states reported unchanged or increased rates under the new metric, these changes should not be viewed as measures of progress but rather as a more accurate snapshot. “
See States Four Year Graduation Rates here: http://www2.ed.gov/documents/press-releases/state-2010-11-graduation-rate-data.pdf  In reading the summary below please keep in mind that no data was available from Idaho, Kentucky, Oklahoma or Puerto Rico and some other states had data missing.

Summary of Finding

The highest graduation rate achieved by any state is in Iowa, which as an 88% high school graduation rate.  Wisconsinand Vermont were right behind Iowa with an 87% graduation rate.  The lowest high school graduation rate is just 59% in the District of Colombia.  Among the sovereign states the lowest graduation rates  were in Nevada (62%), New Mexico (63%), Georgia (67%), Alaska and Oregon  (both at 68%).  All tolled, 13 states have high school graduation rate at or below 75%.
When it comes to race and ethnicity, the graduation rates for Latino children in Maine and Hawaii are slightly better then for White students.  Beyond these two examples, in every other state the rates are lower for both Black and Latino students, and significantly so in some states.  In Minnesota and Nevada Black student have a graduation rate below 50%.  The disparity in Minnesota is stark.  White students in Minnesota graduate at a rate of 84% while the Latino graduation rate is 51% and only 49% of Black students graduate.  These numbers and other dramatic disparities among the states are a national disgrace.
Even more startling is the low graduation rates and huge rate disparity for children with disabilities.  Graduation rates for these children range from a high of  77% in Texas, 75% in Arkansas and 73% in both Kansas and New Jersey to a low of 23% in Mississippi and Nevada.  Only 33 states have graduation rates above 50% among children with disabilities.  Children with disabilities are not more severely handicapped in places like Louisiana (29%) thanPennsylvania (71%).

Children with limited English proficiency also graduate at lower rates in most states, but especially in Nevada (29%) and Arizona (25%).  Students with limited English proficiency actually have a better graduation rate in West Virginia (79%) than do White children for whom English is their primary language (77%).  In states as diverse as Arkansas and Maine limited English proficiency is hardly a barrier at all.  Nineteen states have high school graduation rates of less than 50% for children for whom English is not their primary language.

I would appear that childhood disabilities and limited English proficiency are not  that closely correlated with economic disadvantage.  There are no states in which the graduation rate for economically disadvantaged children falls below 50%.  In Arizona, for example, economically disadvantaged students have a 73% graduation rate and students with disabilities have a 67% rate of graduation while, as mentioned, students for whom need help learning English have a very low graduation rate (25%).  In the case of Mississippi economically disadvantaged students graduate at a rate of 69% while only 23% of disabled children graduate high school.
So what’s going on here?  From the broad strokes of this report it would seem that poor educational outcomes are less a result of funding or the demographics of being economically poor and more a matter of intentional neglect.  I hope I am being too harsh in my judgment.  No matter how you look at this data, what should be clear to everyone is that the United States is heading for national decline if we remain unable to turn around these educational outcomes.