Category: Society

Criminal law, Justice, Politics, Society, Uncategorized

Lockup Quotas and “Low-Crime Taxes” Helping to Make Money for the Private Prison Industry

PrisonCellSubmitted by Elaine Magliaro, Guest Blogger

In the Public Interest (ITPI), which describes itself as “a comprehensive resource center on privatization and responsible contracting,” released a report this month titled CRIMINAL: How Lockup Quotas and “Low-Crime Taxes” Guarantee Profits for Private Prison Corporations. The report provides information about “the prevalence of prison occupancy guarantee provisions in prison privatization contracts.” ITPI said that it had “identified 77 county and state-level private facilities nationwide and collected and analyzed 62 contracts from these facilities.” Of the contracts that ITPI reviewed, 65% contained occupancy requirements that ranged between 80% and 100%–with 90% being the most frequent quota guarantee.

ITPI found that the states of Arizona, Louisiana, Oklahoma and Virginia were locked into contracts with the highest occupancy guarantee requirements. All four states had quotas requiring an occupancy rate between 95% and 100%.

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Bizarre, Constitutional Law, Free Speech, Society, Uncategorized

Kentucky Psychology Board vs. the First Amendment. Oh My!

Submitted by Charlton Stanley (aka Otteray Scribe), Guest Blogger

John Rosemond syndicated columnist psychologist
John Rosemond

Kentucky Psychology Board SealSixty-five year old North Carolina family therapist John Rosemond was having a day much like any other day last May, until he opened the certified letter from the Attorney General for the Commonwealth of Kentucky. In a Cease and Desist letter, the Kentucky Attorney General advised him the Kentucky psychology licensing board had determined that by publishing an advice column in the Louisville Herald-Leader, he was practicing psychology without a license. The letter warned him that if he did not cease and desist, he faces criminal penalties which includes both fines and jail time. The Attorney General thoughtfully enclosed an affidavit which John was to sign and return, promising that he would forever give up his life of crime.

You read that right. John Rosemond, syndicated columnist, is being threatened by the Commonwealth of Kentucky that he might face stiff fines and jail unless he stopped writing his advice column in Kentucky newspapers. Naturally, John did what any self-respecting reporter or columnist would do. He got a lawyer. He contacted Jeff Rowes of the Institute for Justice who agreed to take the case, and last July 16, Mr. Rowes and local counsel, Richard Brueggeman, Esq., filed a 45-page lawsuit in the US District Court for the Eastern District of Kentucky.

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Bizarre, Criminal law, Society

Taking It To The Limit: Woman Cuts 64-Year Old Housemate For Playing Eagles Music

By Mark Esposito, Guest Blogger

baderI’ve seen some tough music reviews but 54-year-old  Witchy Woman Vernett Bader takes the cake. Incensed by her housemate’s incessant playing of top Eagles tunes like Hotel California, Lyin’ Eyes, and Life in the Fast Lane, Bader grabbed a 14-inch “steely knife” and cut her 64-year-old victim several times on the arm and hand. This  One of These Nights left Bader charged as a Desperado and facing a sentence for aggravated criminal domestic violence and her victim with a Hole in His World. The night’s Peaceful Easy Feeling was Already Gone when  both parties became so intoxicated that  they could not agree on the music. Proclaiming “I Don’t Want To Hear Anymore,” Bader downed her last Tequila Sunrise and went for the blade after her victim told her to “shut up” and thus starting her on her not so Long Road Out Of Eden.

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Congress, Constitutional Law, International, Military, Politics, Society

Graham Calls For Authorization Of War . . . Against Iran

220px-B-2_spirit_bombingGraham-080106-18270- 0035Sen. Lindsey Graham recently objected to President Barack Obama seeking congressional authorization to attack Syria (that’s right, in contradiction to every assumption James Madison may have made about Congress, Graham is one of those who wants to embrace an Imperial Presidency and gut the check on power represented by his own branch).  Graham has been making it clear that he is not happy about the failure to join another war in the Middle East.  So what does a hawk do when a war just doesn’t turn out as hoped?  Graham is seeking authorization for a new war . . . not against Syria but Iran. After all, we have not defunded enough environmental, scientific, educational or welfare programs. Another war against one of the largest military powers in Middle East would guarantee a decade of military appropriations and interventions.

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Constitutional Law, Criminal law, Free Speech, Politics, Society

An Opinion You Have To Like: Federal Court Rules Employee’s “Likes” Are Protected Speech

sheriff-and-triple-crown-deskHampton, Va., Sheriff B.J. Roberts appears not to have much time for actually fighting crime. Instead, after his reeleection, Roberts sought out employees who favored his opponent. It was not too difficult, he found jailer Daniel Carter who hit “like” on his opponents website. Roberts fired him and others allegedly viewed as disloyal. However, the United States Court of Appeals for the Fourth Circuit ruled this week that such a designation is protected speech under the First Amendment. The opinion in Bland v. Roberts is below.

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Bizarre, Criminal law, Society

Florida Man, 54, Arrested For Alleged Abusive Exorcism Of 80-Year-Old Girlfriend

Benes_11554720_8colWe have yet another bizarre case out of the Land O’ Lakes jail in Pasco County. David Edward Benes is under arrest for reportedly restraining and abusing his 80-year-old girlfriend in an effort to “exorcise her and the get the devil out of her.” What is interesting is that, given the age of his girlfriend, Benes is looking at the enhanced charge of domestic battery on a person older than 65 as well as tampering with a witness and false imprisonment.

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Bizarre, Criminal law, Society

95-Year-Old Man In Nursing Home Resists Going To Hospital . . . Police Arrive And Shoot and Kill Him With Stun Gun And Bean Bag Rounds

JohnWranaThere is a disturbing report out of Chicago where police were called when 95-year-old world War II veteran John Wrana refused to go to a hospital for a urinary tract infection. Called by paramedics to assist in getting Wrana into an ambulance, the Park Forest police showed up in riot gear and proceeded to shoot Wrana first with a stun gun and then with a bead bag fired from a shotgun. He no longer needed treatment for the urinary tract problem. He died from internal bleeding and blunt force trauma. He was about to celebrate his 96th birthday.

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Bizarre, Free Speech, Lawyering, Society, Torts

Insane Clown Posse Sued By Their Former Attorney For Harassment and Abusive Conduct

190px-Insane_Clown_PosseAttorney Andrea Pelligreni has filed a sexual harassment lawsuit against her former client for a culture of sexism and improper behavior. A lawyer suing a client for such misconduct can be a challenge in itself, but when your client is named the “Insane Clown Posse” it is especially difficult. While many would view working with the Insane Clown Posse to be something of an assumption of risk, Pelligreni insists that she was shocked and moved to tears in working with the recording group and particularly two members of Insane Clown Posse, Joseph “Shaggy 2 Dope” Bruce and Joseph “Violent J” Utsler. Other defendants include Psychopathic Records; its president, William Dail; and some of its employees. It makes for a curious cite as an attorney sues defendants named “Shaggy 2 Dope” and “Violent J” and Psychopathic Records for being shockingly immature and demeaning and . . . well . . . insane.

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Bizarre, Constitutional Law, Criminal law, International, Society

Swedish Court Rules That Public Masturbation Is Legal

516px-Greater_coat_of_arms_of_Sweden.svgA court in Sweden has handed done a rather novel ruling. The Södertörn District Court has declared that it is legal to masturbate in public so long as you are not “targeting” anyone in particular. Moreover, public prosecutor Olof Vrethammer says that he entirely supports the ruling.

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Congress, Constitutional Law, Military, Politics, Society

Oklahoma Joins Other States In Refusing To Benefits To Same-Sex Couples

220px-Mary_Fallin225px-OklaJFHQssiThere is an interesting conflict growing between the federal and state governments over same-sex benefits after Oklahoma joined Texas, Mississippi and Louisiana this week in limiting the benefits for same-sex benefits. Yesterday, Oklahoma decided that the Oklahoma National Guard will no longer process benefit requests from same-sex couples by order of Gov. Mary Fallin. The Obama Administration maintains that the national guards must comply with federal law on such benefits in what could be a test of the remaining state control over national guard units.

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Academia, Constitutional Law, Society

Utah Valley University Holds International Conference on the Loss of Privacy In America

200px-UVU_SealI am in Utah to speak at the Constitution Day celebrations at Utah Valley University and its conference on privacy in America. The conference is the latest national conference organized by the Center for Constitutional Studies. The speakers at the event include Governor Thomas Ridge, former Homeland Security Secretary, who gave a surprising speech that questioned the growth of the department and the raised concerns over the threat to privacy poised by recent disclosures of warrantless surveillance. Ridge repeatedly returned to expressing his trepidation over the sweeping assault on privacy as well as the lack of safeguards under the FISA court and existing laws.

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Constitutional Law, Free Speech, International, Politics, Society

American Businessman and Leading Blogger Shown On Chinese State Television in Mao-Like Confession

Charles Xue appears to confess 'involvement in prostitution'130px-Mao_Zedong_portraitChina appears to be returning to the Cultural Revolution with public confessions of dissidents as a warning to all those who would challenge the ruling party. Chinese viewers were exposed to a truly sad and transparent confession of American businessman and leading Chinese blogger, Charles Xue. The Chinese recognize the Internet as the greatest threat to the totalitarian regime. Xue was therefore rolled out to degrade himself before the Chinese people — begging forgiveness for forgetting his place in objecting to such things as contaminated water. He admits to feeling like the “emperor of the Internet” and apologizes for spreading rumors against the ruling party leaders.

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Bizarre, Congress, Politics, Society

Politico: Vitter Moves To Block Exception For Congress Under Obamacare . . . Dems Move To Raise 2007 Prostitution Scandal

vitter-headshot-200It honestly takes a lot to get me to feel sympathy for David Vitter, (R. La.) Like most of the world, I was floored by the voters of Louisiana returning Vitter, a religious right politician, to the Senate after his scandal involving high-priced prostitutes. However, that is precisely the unique skill of the current Democratic leadership — they seem eager to win any race to the bottom. Vitter this week opposed an Obama regulation that gives an exemption of members of Congress and their aides under Obamacare. The regulation allows Congress to pay for its own generous subsidies to avoid having to live under the new law like normal citizens. While there is a definite appeal to Vitter’s view that the Congress should live under the same law applicable to average citizens, there may be some legitimate argument that I am missing. What should be clear is that some Democrats reacted in worse possible way. Politico is reporting that it has legislation drafted by Democrats that would eliminate health care benefits for lawmakers where there is “probable cause” to believe they patronized prostitutes. If true, this is really a sophomoric act of retaliation. Politico is reporting that this is not a joke but something actually raised as a meeting of Democratic members.

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