Sunday, November 8, 2009

Give Juveniles A Chance!

Tomorrow (Monday) the Supreme Court will hear oral argument in a pair of cases from Florida, Graham v. Florida and Sullivan v. Florida, in which defense attorneys will ask the Court to find that sentencing juvenile defendants to life in prison without parole violates the Eighth Amendment's proscription against "cruel and unusual punishment."

More than four years ago, a divided Supreme Court ruled 5-4 vote in Roper v. Simmons that executing those who committed murder while they were under 18, is unconstitutional because it violates the "cruel and unusual punishment" clause, applicable to the states through the Fourteenth Amendment. Anthony M. Kennedy, writing for the majority, explained:
The reality that juveniles still struggle to define their identity means it is less supportable to conclude that even a heinous crime committed by a juvenile is evidence of irretrievably depraved character . . . . From a moral standpoint, it would be misguided to equate the failings of a minor with those of an adult, for a greater possibility exists that a minor's character deficiencies will be reformed.

Tomorrow, attorneys for two juveniles will ask the Court to apply the same reasoning in examining the penultimate punishment for juveniles - life without parole. In two separate cases, defendants Joe Sullivan and Terrance Graham were sentenced in Florida to life without parole (LWOP) for nonhomicide crimes at ages 13 and 17, respectively. The petitioners in both cases, joined by a myriad of non-profit organizations and experts in juvenile delinquency, argue that LWOP is almost the equivalent of death as it gives the juvenile offender no chance of relief or release or hope, and thus should be ruled unconstitutional.

Sentencing minors who commit crimes to life without the possibility of parole is a grossly disproportionate punishment that flies in the face of basic considerations of justice and morality. While there is no doubt that when juveniles commit a heinous crime they deserve to be punished with the full force of the law, the sentence must take into account their age and should be tailored to serve the following two goals: protecting society and achieving the rehabilitation of the young offender.

Denying juvenile offenders the possibility of ever going before a parole board means depriving them of the chance for repentance and rehabilitation. Locking up a child for a crime and throwing away the key is tantamount to treating him or her as "irreparably damaged goods." As many amicus briefs filed in support of the defendants argue, there is not a shred of evidence to support this approach. Indeed, based on scientific studies, the opposite is true. Research has shown that there are fundamental neurological, psychological and behavioral differences between children and adults, and there is no way to predict at the time of sentencing whether a young person will turn out "good" or "bad." Accordingly, LWOP serves no justifiable purpose, and is an overly harsh and punitive measure that should be prohibited by the Constitution.

One of the more compelling amicus briefs filed on behalf of Sullivan and Graham was written on behalf of a group of former juvenile offenders who later achieved success, including actor Charles Dutton and former U.S. Senator (R-Wyoming) Alan K. Simpson. Dutton stabbed a person to death in a street fight at age 17, while Simpson committed arson on federal property, punched a cop, and--in his own words-- "was a monster." In their amici curiae brief, Dutton and Simpson describe how important it was for their rehabilitation to have the potential to regain their freedom, to know that society still believes in them. Knowing they had a chance, they used the time in prison to resolve to do things differently and change course. Although they made terrible mistakes as teenagers, they are now successful adults. The amici - Friends of the Court - are "living, breathing testaments to the resiliency, adaptability, and rehabilitative potential of juvenile offenders," which is why they are joining petitioners in asking the court to rule that it is fundamentally inhumane to give up on a youthful offender.

A tremendous amount is at stake in these cases, in view of the fact that life imprisonment without parole extinguishes any hope for young offenders. Imprisoning juveniles for LWOP is not only fundamentally inhumane but is also contrary to the standards of a widely-accepted international treaty safeguarding the rights of children. Article 37(a) of the United Nations Convention on the Rights of the Child (“CRC”) prohibits not only sentencing juveniles to death, but also sentencing juveniles to “life imprisonment without the possibility of release.” The CRC has been ratified by 192 nations; only the United States and Somalia have not ratified it. It is high time that United States courts adopt a legal standard to juvenile offenders that has been the accepted norm in the overwhelming majority of countries in the civilized world.

From a philosophical and moral standpoint, the Supreme Court must respect the humanity of children, and recognize that as young human beings they will always have the potential for change. LWOP denies a fundamental truth, namely that youth offenders -- no matter what crimes they committed -- are ingrained with the potential to repent, mend their ways and join society as law-abiding citizens. As John Steinbeck wrote so beautifully here, a cat has no choice, a bee must make honey. There’s no godliness there. But the potential for change is what makes human beings great, and gives them stature with the gods. For even in their weakness and filth and crimes, they have still the great choice. They can choose their course and fight it through and win. But juvenile offenders can win only if the US Supreme Court articulates a clear-cut rule banning this form of "cruel and unusual punishment," and gives them back their inalienable rights to repentance, rehabilitation and liberty.

Monday, November 2, 2009

Kudos to Ex-Police Chief For Public 'Mea Culpa' Message

One day he was the Chief of Police in Alexandria, VA; the next day he was sitting in jail on charges of driving under the influence of alcohol (DUI). Now David P. Baker, former Alexandria police chief who was sentenced to 5 days in jail, a $300 fine, and a 1-year license suspension after colliding with another vehicle while driving under the influence, has begun a campaign to help others learn from his arrest and conviction. He could have kept silent and shied away from public exposure, hoping the public would eventually forget this episode. But he chose a boldly different path. He has turned his terrible mistake for which he paid dearly (lost his job and will never work for the government again) into a transformative and educational experience. He is featured in a YouTube video - where he talks openly about his personal embarrassment and humiliation, the "forty years that went down the tubes" in one incident, and the mistake that will "forever haunt" him. A powerful message:



See also the Washington Post article in which he sums it up:
There isn't a day that goes by where I don't have a period of sadness. The consequences are devastating.

Saturday, October 24, 2009

The Fox News Brouhaha and the Tower of Babel Story

The brouhaha this week over the White House's attempt to marginalize or boycott the Fox News network has elicited strong criticisms from right-wing commentators, among them the Washington Post's Charles Krauthammer.

When White House spokeswoman Anita Dunn claimed that Fox is "opinion journalism masquerading as news" and tried to boycott them by preventing Ken Feinberg, the executive pay czar, from giving interviews on Fox, she acted wrongly. The Biblical story of the Tower of Babel, read in this week's parasha Noah, illustrates why her approach is a grave mistake.

In the Tower of Babel episode, the Torah recounts the story of the people who angered God by congregating and building a tower with its top in the sky. It opens with the following verse:

And the whole earth was of one language and of one speech.
Genesis 11:1

The Torah then describes how the people settled in the valley of Shinar and built a city and a tower with its top in the sky "to make a name for ourselves, else we shall be scattered all over the world." God descends, views the tower they had built, and states:

If, as one people and one language for all, this is how they have begun to act, then nothing that they may propose to do will be out of their reach. Id. 11:5
Accordingly, God confounded their language, and decreed that there shall be separate languages, causing confusion and conflict which would prevent them from ever congregating again. In addition, He scattered them over the face of the whole earth.

Why was building the tower a sin?

At first glance, it seems the tower builders committed a sin and God punished them for it. The Biblical text, however, does not specify what was the tower builders' sin. Furthermore, it is not clear what motivated God to confound their languages and disperse them in all directions. In the absence of a clear Scriptural reasoning, the commentators struggled to explain God's actions. While reading the story, one cannot escape the burning question: What is wrong with the desire to seek technological innovations and celebrate human ingenuity?

A midrash - rabbinic legend - attempts to answer this quandry by relating that the people paid no attention if a worker on the tower fell to his death. If a brick fell, however, they lamented the delay in their building project. The obsession to achieve a technological feat caused the people to lose their moral bearings, and treat human life - particularly the lives of menial, day-laborers - as insignificant. Under this interpretation, it's a story of people becoming enamored with improving technology and conquering their environment that human values are lost. This lesson is relevant today as much as - if not more than - it was thousands of years ago.

But this story may be significant not because of the attempt to construct a tower. Perhaps, the original sin refers back to what is stated at the opening of this story, that "the whole earth was of one language and of one speech." It appears that the root of the sin of this generation was not the building of a city or tower, but the aim to use these artificial means to ensure a situation of "one language and one speech" - of centralization, which in modern parlance would be known as totalitarianism.

Many naive people believe that we should strive for a situation of one language and the same ideas - where everyone subscribes to the same ideas. They envision the following ideal situation: all of humanity a single bloc, without differentiation, and as a result, without conflicts. But this story tells us that this situation is, in reality, a grave threat: there is nothing more dangerous to society than this artificial conformism. The city and the tower in this story are the symbols of the concentration of all mankind about a single topic -- where there will be no differences of opinion and there will be no struggle over different viewpoints and values. One cannot imagine greater tyranny than that.

God's decree to separate the languages and disperse the people is, thus, a compassionate act for mankind, aimed at preventing totalitarianism of complete unity. This act ensured that society is blessed with differences and contrasts, differentiation of thought and differentiation of values. It is essential for humanity that people have to struggle for their values and for their goals which differ one from the other.

In the same fashion, the current culture war between right and left in this country is a blessing. It is part and parcel of a thriving and healthy public debate that needs to exist in a democracy. Fox Network is a vital component - like it or not - in this battle for ideas and values. It is not the government's role to meddle in this culture and policy war and start boycotting news networks, attempting to create unity and conformity. As in the Tower of Babel story, such a policy makes one wonder whether the government has caught a whiff of totalitarianism.

It's up to the citizenry to select and grade their media outlets. If certain media organizations are guilty of biased and slanted reporting, the citizens have the option, perhaps even the duty, to boycott them. The government must not intervene and should not leverage its power to delegitimize or impose sanctions on certain news organization, lest it be accused of dangerous centralization of power and stifling of criticism. Leave it to the public to realize that, like in everything in life, there's quality journalism and there's sensational and hysterical journalism. We are mature enough to select what we read and view from a multitude of media sources that must be allowed to compete in the proverbial "marketplace of ideas."

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Sources:
JPS Hebrew-English Tanakh
Midrash Breishit Rabbah
Yeshayahu Leibowitz, Accepting the Yoke of Heaven, Urim Publications 2002

Wednesday, October 21, 2009

The 809 Area Code Scam

Be cautious when responding to e-mails or phone calls from the 809, 284 or 876 area codes.

The scammers try to get you to call an area code that is outside the United States by telling you that it is important that you call a certain 809 number. Often they will say that it's important because a family member has been ill or has died, or they will lure you by promising that you've won a wonderful prize, etc. In each case, you are told to call the 809 number right away.

Because people are susceptible to such psychological manipulations, they often return these calls without realizing they are making long-distance, international phone calls.

You should realize that if you call from the U.S., you will incur extremely high charges on your phone bill, and this is a scam.

WHY IT WORKS:

The 809 area code scam works because a few regions outside the U.S., including the Caribbean and Canada, can be dialed directly without the usual "011" international prefix. "809" is the area code of the Dominican Republic. "284" is the area code of the British Virgin Islands. "876" is the area code of Jamaica. Since these numbers aren't subject to U.S. laws, there is no legal requirement to inform callers in advance of any special rates or fees.

The charges afterward can become a real nightmare. That's because the person actually made the call. You can complain, but both your local phone company and your long distance carrier will not want to get involved, and will most likely tell you that they are simply providing the billing for the foreign company. You'll end up dealing with a foreign company that argues they have done nothing wrong.

IN SUMMARY:

  • Do not call these numbers.
  • Check the location of unfamiliar area codes before dialing. This can be done by querying the NANPA website (North American Numbering Plan Administration).
  • Carefully read your telephone bill. Make sure that you only receive charges from your provider of choice, and ensure you thoroughly understand charges listed on your phone bill.
  • If you have been scammed - do not pay. Consult first with an attorney for the steps that need to be taken, and pursue legal recourse that may help you in avoiding payment for fraudulent charges or reimbursement for payments made.

AT&T VERIFICATION:
http://www.att.com/gen/press-room?pid=6045

SNOPES VERIFICATION:
http://www.snopescom/fraud/telephone/809.asp


Please send this information to your friends, family and colleagues to alert them to this scam.