The Supreme Court has ruled that it is acceptable for police to use evidence in a criminal case which was obtained from a car that has been pulled over for an unrelated reason. The case behind this ruling was that of Nicholas Heien, a North Carolina Resident. Heien was pulled over because a police officer (mistakenly) thought that it was illegal to drive with only one brake light. When he pulled the car over, the officer observed a bag full of cocaine and seized it and arrested Heien.
Heien attempted to fight the charge in court with an old law which states that only one brake light is needed to drive, however this did not hold up in court as the justices sided with the officer, allowing him that the wording of the law was confusing and it was understandable that he misinterpreted it. Most of the court agreed with the arguments that these small mistakes are acceptable because if they were not permitted, it would make the police officers jobs much harder in situations where they would need to make quick decisions.
Although one justice disagreed with the rest, arguing that even if it is an understandable mistake, police should not be allowed to use evidence obtained from a car when there was no reason to pull over the car in the first place. Her argument did not gain support from the others and they said that it was the courts job to interpret the laws rather than the officers.
Tuesday, December 16, 2014
Gays Will March on St. Patty's Day
For the first time in history, gays will be permitted to march in the annual Massachusetts St. Patrick's Day parade next year in Boston. The group OutVets, an organization made up of openly gay, lesbian, bi-sexual and transgender people who have served in the armed forces, will walk and carry a banner for the very first time in 2015.
The group is not forced to make the inclusion, either. In 1995, the South Boston War Veterans Council won a United States Supreme Court decision in which it was decided that they were allowed to exclude gays and ban them from the parade. However, disregarding the Supreme Court case from almost twenty years ago, the council voted five to four in favor of allowing the group to walk and be represented in the parade.
When asked why the council switched their ideals and changed their stance on gays, the commander of the veterans council responded by explaining that the parade was made to honor veterans annually and the homosexual men and women who have served the country are counted as veterans and deserve representation.
The group is not forced to make the inclusion, either. In 1995, the South Boston War Veterans Council won a United States Supreme Court decision in which it was decided that they were allowed to exclude gays and ban them from the parade. However, disregarding the Supreme Court case from almost twenty years ago, the council voted five to four in favor of allowing the group to walk and be represented in the parade.
When asked why the council switched their ideals and changed their stance on gays, the commander of the veterans council responded by explaining that the parade was made to honor veterans annually and the homosexual men and women who have served the country are counted as veterans and deserve representation.
Harvard Students Stand for Justice
Harvard students have been joining the rest of the country in taking a stand for the "Black Lives Matter" campaign on campus. With rallies and small marches, reaching up to six hundred student participants, the students are partaking in regular protests to show disapproval for the American Justice System's decision not to prosecute the defendants in either of the cases. The students have even enlisted the help of their dean, asking for an extension on their final exams in order to protest, so that the movement does not die out and die as the Occupy movement did back in 2011.
Their goal is more regulation on police officers. They are in search of body cameras on every officer, and the sharing of the best practices for neighborhood patrols. The number of students involved in the protests is growing rapidly. Professors say that this is the most involved in protests that students on the campus have been since the civil rights era and Vietnam, both very popular times and issues which sparked college protests. This is a direct use of the first amendment and the precedent set by the Tinker case which protects student speech.
This is a link to an article describing the efforts of the protesting Harvard students:
http://www.nytimes.com/2014/12/16/education/students-see-new-hope-in-bias-protests.html?ref=us&_r=0
Their goal is more regulation on police officers. They are in search of body cameras on every officer, and the sharing of the best practices for neighborhood patrols. The number of students involved in the protests is growing rapidly. Professors say that this is the most involved in protests that students on the campus have been since the civil rights era and Vietnam, both very popular times and issues which sparked college protests. This is a direct use of the first amendment and the precedent set by the Tinker case which protects student speech.
This is a link to an article describing the efforts of the protesting Harvard students:
http://www.nytimes.com/2014/12/16/education/students-see-new-hope-in-bias-protests.html?ref=us&_r=0
Judge Declares Obama's Immigrant Policy "Unconstitutional"
As we know, President Obama has supported a move to stall deportation in the United States and allow five million illegal immigrants to stay in the country. However, United States district judge, Arthur Schwab, who was appointed to his position by George W. Bush, ruled that Obamas new rule on immigration is unconstitutional.
The decision came from judge Schwab in a case involving an illegal immigrant who had been deported previously, and now faced charges of illegal re-entry into the country and drunk driving. Many argue that this case is not applicable to the new movement because it was only meant to apply to civl, not criminal, proceedings. But Judge Schwab said that the immigrant could have benefitted from Obama's plan and therefore it was not in line with the Constitution.
The United States Justice Department said that the Pittsburgh judge had no right to make the ruling, and that it will have no impact of the implementation of Obama's movement because the case was a criminal case and the new policy did not apply.
The decision came from judge Schwab in a case involving an illegal immigrant who had been deported previously, and now faced charges of illegal re-entry into the country and drunk driving. Many argue that this case is not applicable to the new movement because it was only meant to apply to civl, not criminal, proceedings. But Judge Schwab said that the immigrant could have benefitted from Obama's plan and therefore it was not in line with the Constitution.
The United States Justice Department said that the Pittsburgh judge had no right to make the ruling, and that it will have no impact of the implementation of Obama's movement because the case was a criminal case and the new policy did not apply.
Witness Perjury in the Ferguson Case
Recently, it has been discovered that several of the many people who were acting as witnesses to the death of Michael Brown in Ferguson, Missouri had actually perjured their statements in court. When asked if his testimony was completely made up, one witness simply admitted, while another was found guilty of lying when her testimony did not match the other descriptions and the way she said she left the scene was impossible.
Several witnesses admitted to making up their testimonies or relaying what they had heard from others who had actually seen the events transpire. These perjuries beg the question, "Why would the prosecution allow such inconsistent and unreliable witnesses to take the stand, when they would typically streamline the case?" and some believe that it was on purpose in order to avoid indictment in the case".
A Chief police officer in Brooklyn explained that in high profile and controversial cases such as this one, the prosecution often throws excess amounts of information and evidence at the court because they believe that if they omit one piece of evidence, it will reflect badly on them for their career and they will be targeted by the family of the victim. He says this is typical with these cases, and while he is satisfied with the outcome of the case, he is not pleased with the process by which it was reached".
Several witnesses admitted to making up their testimonies or relaying what they had heard from others who had actually seen the events transpire. These perjuries beg the question, "Why would the prosecution allow such inconsistent and unreliable witnesses to take the stand, when they would typically streamline the case?" and some believe that it was on purpose in order to avoid indictment in the case".
A Chief police officer in Brooklyn explained that in high profile and controversial cases such as this one, the prosecution often throws excess amounts of information and evidence at the court because they believe that if they omit one piece of evidence, it will reflect badly on them for their career and they will be targeted by the family of the victim. He says this is typical with these cases, and while he is satisfied with the outcome of the case, he is not pleased with the process by which it was reached".
Living Two Worlds
Lately, it seems all the news outlets and individuals on social media care to talk about these days is the actions of the police forces in black neighborhoods. African American police officer, Anwar Sanders, spoke out on this and how it has affected him as a member of both the black community and the police force.
Sanders took the opportunity to write an open letter about how he feels that, as a black man, he can point out that he thinks that the movement and rallies are too quick to criminalize all officers and assume that they have bad motives. He touched on how he felt uncomfortable even writing the letter because, he can not pick a side between his career which he loves and his community which he thrives in. The two sides are at such extreme odds right now, that he mentions his fear that he may be ousted from one... or both for speaking his opinion.
He even shared some ideas of how to strengthen relations between the black community and the police forces in their areas. Sanders encourages people to get to know their officers and form relationships with them in an attempt to break down invisible barriers.
I think this is a very courageous attempt by Anwar Sanders to unite two very important parts of his life after they've become nearly opposites in recent months. However, I do not think his plan is completely effective, although i do not have the answers, I think that at this point, the conflict is so deep rooted that some individuals attempting to brush shoulders with the police will not be good enough to fix what has happened, but at this point anything is worth a shot.
A link to the story about Anwar Sanders' open letter:
http://www.cnn.com/2014/12/11/opinion/sanders-police-officer-ferguson-garner-protests/index.html?hpt=ju_t3
Sanders took the opportunity to write an open letter about how he feels that, as a black man, he can point out that he thinks that the movement and rallies are too quick to criminalize all officers and assume that they have bad motives. He touched on how he felt uncomfortable even writing the letter because, he can not pick a side between his career which he loves and his community which he thrives in. The two sides are at such extreme odds right now, that he mentions his fear that he may be ousted from one... or both for speaking his opinion.
He even shared some ideas of how to strengthen relations between the black community and the police forces in their areas. Sanders encourages people to get to know their officers and form relationships with them in an attempt to break down invisible barriers.
I think this is a very courageous attempt by Anwar Sanders to unite two very important parts of his life after they've become nearly opposites in recent months. However, I do not think his plan is completely effective, although i do not have the answers, I think that at this point, the conflict is so deep rooted that some individuals attempting to brush shoulders with the police will not be good enough to fix what has happened, but at this point anything is worth a shot.
A link to the story about Anwar Sanders' open letter:
http://www.cnn.com/2014/12/11/opinion/sanders-police-officer-ferguson-garner-protests/index.html?hpt=ju_t3
Friday, December 5, 2014
When Will It Stop?
Tuesday night in Phoenix, Arizona saw yet another unarmed African American man being shot by a police officer. This seems to be an epidemic over the last few months, and locals are crying out in protest. The victim was was a 34 year old man named Rumain Brisbon. A member of the local police force named Sgt. Trent Crump was brought to the scene of the crime by a call informing him that Brisbon was involved in drug deal in that parking lot.
The police officer involved said that he repeatedly asked Brisbon to show his hands and when he refused, putting them in his pockets instead, the officer grabbed his hands. Mistakenly feeling the handle of a gun in Brisbon's pocket, the officer told him to leave his hands in his pockets. When the victim moved his hands, he was shot twice in the torso. Further investigation has found that Brisbon was completely unarmed (although there was a gun in his SUV along with a jar of marijuana).
Seeing their city reflect the recent events of cities like Ferguson, New York City, and Cleveland has made locals and family members of Brisbon very angry and they are determined to find justice. More than 100 people took part in a march for Rumain Brisbon to the police department to demand the name of the officer involved, and to make an attempt to put an end to the racism police brutality across the country. There is an investigation of the situation happening now to determine whether or not Sgt. Crump was justified in shooting Brisbon.
The police officer involved said that he repeatedly asked Brisbon to show his hands and when he refused, putting them in his pockets instead, the officer grabbed his hands. Mistakenly feeling the handle of a gun in Brisbon's pocket, the officer told him to leave his hands in his pockets. When the victim moved his hands, he was shot twice in the torso. Further investigation has found that Brisbon was completely unarmed (although there was a gun in his SUV along with a jar of marijuana).
Seeing their city reflect the recent events of cities like Ferguson, New York City, and Cleveland has made locals and family members of Brisbon very angry and they are determined to find justice. More than 100 people took part in a march for Rumain Brisbon to the police department to demand the name of the officer involved, and to make an attempt to put an end to the racism police brutality across the country. There is an investigation of the situation happening now to determine whether or not Sgt. Crump was justified in shooting Brisbon.
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