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Category Archives: Victimless Crimes

Man sentenced for computer crimes – Traverse City Record Eagle

Posted: August 6, 2017 at 3:33 am

TRAVERSE CITY Bradley Thomas Southerton knows he lost trust in the local community but he said hell do everything he can to earn it back. And hell have the next four years on probation to prove it.

The 37-year-old Traverse City man last month pleaded guilty to a felony count of using a computer to commit a crime after authorities seized his computer and discovered a trove of suspected child pornography. Prosecutors argued up to 5,000 images some involving infants were uncovered during the investigation.

But Southertons attorney Craig Elhart argued only a handful of the files were confirmed as child sexually abusive material. Many of them could have been nude images but they werent necessarily abusive, he said. And Southerton deleted the files just as quickly as he realized they existed in his hard drive, Elhart added.

This is not a victimless crime and although I never in my life would hurt or harm anyone, I realize that I have here, Southerton explained to 13th Circuit Court Judge Kevin Elsenheimer. It was a stupid mistake and it was foolish and Ill never do this again. Ill always be ashamed of it. This is not me.

Southerton dodged a potential seven-year prison stint and will serve four years of probation following his conviction, Elsenheimer decided Friday. The judge recognized the extraordinarily disgusting nature of the accusations but said Southerton isnt a threat to the public and understands his behavior was wrong.

Its clear this behavior is outside the expected behavior from him, Elsenheimer said. He has no prior record whatsoever no felonies, no misdemeanors. Hes not a traditional criminal. In lieu of a sentence to jail, Ill simply let you know youll plan on going to jail for 30 days for any (probation) violation at all."

Michigan State Police investigators in January seized Southertons computer after they received a tip that an online sharing account connected to the suspect had been used to share and receive child sexually abusive material. He pleaded not guilty to several criminal charges but later accepted a deal that dropped all but one.

Grand Traverse County Assistant Prosecutor Kyle Attwood said Southerton tried to minimize the severity of the offense. He argued the defendant traded pictures with other people around the world and contributed to an underground industry that exploits and endangers young children.

County Prosecutor Bob Cooney also said Southerton soon will be placed on Michigan's sex-offender registry and undergo mandated counseling.

Elsenheimer said Southerton is highly regarded by his family, peers and associates. He recognized the severity of the accusations but noted that he took steps to delete the images from his computer before the investigation began. The problem: Nothing is ever really deleted in cyberspace, Elsenheimer added.

If you come back, you can plan on bringing your toothbrush, Elsenheimer told Southerton.

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Riverside County sheriffs’s deputy did his job of upholding the rule of … – Redlands Daily Facts

Posted: at 3:33 am

Riverside County sheriffs deputy was doing his job

Re No need to manhandle vendor at graduation (Sal Rodriguez, July 22):

Regarding Sal Rodriguezs column on the Riverside County Sheriffs Deputy taking down a woman selling flowers without a permit at the Perris High School graduation, Rodriguez made a forceful case against the heavy-handed enforcement against the perpetrators of victimless crimes, but he lost me in his final paragraph where he states, Something has gone wrong when a woman selling flowers can find herself manhandled by an overpaid deputy allegedly tasked with upholding the rule of law.

First of all, our law enforcement officers are, by definition, tasked with upholding the rule of law. Theres nothing alleged about it. Secondly, how does Rodriguez know that this deputy is overpaid? And what the heck relevance does this have to the incident at all?

For me, Rodriguezs pejorative characterization of our police officers nullified the several good points he made in his column.

Greg Schneider, Redlands

Why no input from residents of Fontana?

Winston Churchill once said, Democracy substitutes election by the incompetent many for appointment by the corrupt few.

He could well have been talking about Fontana. This past week, the Fontana City Council voted to move forward a proposal to enact electoral districts without allowing for reasonable input from the community.

In a city comprised of over 200,000 residents, the council felt that two, yes two, public hearings would prove sufficient to gather the intel needed to move forward on a plan of action. Only that didnt happen. On July 25, Mayor Acquanetta Warren arrived at City Hall with a prepared statement and resolution language to move forward.

In other words, the mayor and her two sure votes on the council already had planned their intent to ignore civic input. Compare this to the implementation of the city General Plan, when the city held countless hearings, community workshops and town halls. I guess their message is simple: when decisions are tied to money, an earnest effort will be made to gather input. When decisions are tied to political longevity, the less the public knows, the better.

Carlos D. Bravo, Fontana

GOP threw Inland Empire residents under the bus

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Re Mayes must go as Assembly leader (John Pillips, July 30) and Republican support wasnt needed (Jon Coupal, July 30):

The GOP threw Inland Empire residents under the bus with their votes. With the gas tax set to increase and adding the additional cost of cap and trade to a gallon of gasoline will hit motorists in Riverside and San Bernardino hard in their pocketbooks.

The reality is public transportation is not a viable entity in California, unlike in New York or DC. For instance, when I took a public transportation from Yucaipa to Ontario Airport, it took approximately four hours catching two buses.

Finally, the bus dropped me way off from the airport and I was told the public transit does not go anywhere near arrival or departure areas, only cars, taxis and shuttles go there. It was almost as if a citizen taking public transportation was not expected to fly.

In addition, a significant amount of the cap-and-trade dollars are going to be spent on high-speed rail going from Los Angeles to San Francisco; How does that benefit San Bernardino, Riverside or San Diego? Overall, it was a poor choice by the GOP and any goodwill they have will be gone as well.

Hari Iyer, Yucaipa

Enough with the bullying

Re What does the Republican Party stand for? (Question of the Week, July 31):

The seemingly eternal verbal bullying about which major party is the better reminds me of when kids used to get into an argument ending with each one claiming, Oh yeah? Well, my old man can lick your old man!

Now, in my 86th year as a Californian, I recall when I was growing up, my older brother explaining to me that its the job of the Democratic Party to come up with new ideas, and the job of the Republican Party to make them work. Lets help both parties do their job.

Ralph Manus, Banning

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Living in fear: Area volunteers are helping immigrants improve their lives – Glens Falls Post-Star

Posted: July 30, 2017 at 2:39 pm

Editors note: This is the first of a four-part series that will run on Sundays on immigrants who are living illegally in the Glens Falls region. Some names in this report have been changed to protect undocumented immigrants from exposure.

As their kids splashed around in a pool, the nine women, mostly in their 20s and 30s, sat down to tell about their hardships, their happy times and their perhaps pie-in-the sky dreams.

At first, they mostly looked down at fidgeting hands.

They werent eager to speak in the presence of a reporter.

But once Lonnie, the petite, scrappy 29-year-old, began talking about how she survived after her husbands latest deportation back to Mexico, others began to speak.

She told how she came across the Mexican desert as a pregnant 16-year-old to make a better life for herself and her unborn child and how hard it was when her husband was sent away.

She works as a landscaper these days and earns extra money by selling homemade tamales so her two kids are cared for, even though she hates to cook.

Normally, the women in the group would be learning English at the weekly gathering from a group of local volunteers and soaking up a chance to socialize with other Spanish-speaking women while their kids played soccer and swam.

But on this day at a local home, they were spilling their souls while hoping for changes in immigration policy.

She embodies the American dream, said Susan Sanchez, a Queensbury High School Spanish teacher and one of the volunteers. What does she do when she has no income? She uses what she knows how to do and turns it around. And she makes a mean tamale.

The volunteers, a small group made up mostly of local teachers, sacrifice their family time to improve the lives of these immigrant women who speak limited English and live in fear of deportation. They teach them English, role-play parent-teacher conference scenarios and they even serve as legal guardians for the children if the Mexican women were to be detained or deported.

They have assigned legal custody to us, said Sanchez, who is herself the widow of a Mexican immigrant and is now guardian for children from three families.

The local women work under the radar, almost like a modern-day Underground Railroad, knowing that their efforts if done in the open might hurt the immigrants theyre trying to help.

But theyre desperate to draw attention to what they see as the unfairness of the system and the scope of the problem. They estimate about 1,000 mostly undocumented immigrants are living now in Washington County alone.

Alice, who worked at the now-closed El Mexicano restaurant in Hudson Falls, was one of three immigrants stopped by U.S. Immigration and Customs Enforcement officers in March, and now fears deportation every waking moment.

She teared up as she worried out loud, through an interpreter, what will happen to her kids if she is sent back to Mexico.

One child who is now 18 but who came into the country with her as a 4-year-old might have to go with her; while her other child, an 11-year-old, could stay in the U.S. because he was born here.

Its stressful, she said through an interpreter. Her face, which her friends said used to be brightened by a continuous smile, was full of pain. I dont sleep. Im the only thing my children have.

Sally, who waited a while to speak, bowed her head when telling about her 12-year-old son still in Mexico whom she hasnt seen since 2009. She came alone on a temporary visa to work as a hotel housekeeper and stayed, because it was clear to her life is better here.

She met a dairy farm worker, married, but is now torn and troubled to have a life here with her husband and second child, when her first-born is still in Mexico. At least hes with her parents, she said, but she wants him to join her, if she could trust someone to get him here.

Their children born in the U.S. are in a different situation.

None of these kids here know their grandparents, Lonnie said through an interpreter, as one dripping wet little girl pushed a toy shopping cart past the group.

The women, some here on expired visas, some on current visas and others who came across the border illegally, said with the new immigration climate in the country, they fear daily life.

They seldom leave their homes except to work.

They scan grocery store parking lots for ICE officials before shopping.

They have stopped going to church.

Im not doing anything bad. I work hard. Its not right to separate families, Alice said.

But despite all these hardships and sacrifices, when asked how many are still glad they came, all of their hands rose quickly.

They told of corruption, poverty, working up to 12 hours a day for $9 and ruthless drug cartels back home.

The phrase we use is, even though were poor in both countries, poor here is much better than poor in Mexico. It would appear to them back home that we have it all, Amy said.

And when asked what would happen in the area if all immigrants, legal and illegal, were sent back home, they said farm owners have told them, the farms are done.

We would not drink milk, Sanchez said.

When voters in this country selected Donald Trump as president, life changed dramatically for the local immigrant population undocumented and documented.

Talk of building a wall and stepping up deportation efforts struck fear in them.

During the Obama administration, they felt relatively free to work and be a part of the communities where they live. He even began a program, Deferred Action for Childhood Arrivals, known as DACA, to allow children who came into the country illegally with their parents to stay and work here.

They felt if they abided by the laws and didnt get in trouble, they were safe.

Now they dont feel safe at all.

The weekly English classes, sometimes at local homes and sometimes at a Hudson Falls school cafeteria, have become their only entertainment.

They speak with disdain about Trump.

I understand we are here not being citizens, but we came with no bad intentions, just to work, Alice said.

Beth, another of the women, who is here on a legal work visa, called Trump a showman who cant relate.

Hes not interested in people. He just likes power, she said. And he doesnt want to learn.

But hes winning, because now were all scared, Alice said.

Headlines were made recently when the Department of Homeland Security announced a one-time increase of 15,000 seasonal work visas for the rest of this season. But only days earlier, The Washington Post reported internal sources saying Trump was weighing an expansion of Homeland Security powers to speed up the removal of illegal immigrants who cant prove they have lived in the United States for at least 90 days.

Regardless, the local immigrants, many of whom have lived and worked here for a decade or more, are scared.

Wed be willing to pay a fine to stay. We dont even need to be citizens, just legal, Amy said.

Their advocates say they come here illegally, or overstay their visas because of a broken system that makes obtaining immigration visas cumbersome, expensive and often impossible.

Sanchez has been helping immigrants in the area learn English for the better part of two decades. She started when asked by her father, a local bar owner, who volunteered her services to customers who were farmers and had immigrant workers in need of help.

But for the past three years, she and a small group of others, including teachers, a school social worker and student volunteers, have joined in more structured weekly sessions to improve the lives of local immigrant women and children.

Kingsbury farmer Betty Getty hired immigrant workers from Mexico about 17 years ago and immediately started teaching them English and making them part of the family, with dinners and mixers at her home to make them welcome.

Lisa Catalfamo is a Glens Falls High School social worker, photographer and great friend of Gettys who met her immigrant husband at one of Gettys mixers. She has traveled to the immigrants hometown of Coyula, Mexico to deliver to their families photos of their loved ones who are working here, seeing the tears and smiles they generate.

Julie Leonelli, a retired teacher who still subs almost full-time in South Glens Falls, routinely takes children of local immigrants who are too afraid to leave the house out to dinner or for fun outings to places like Proctors Theater. Her husband taught one child to drive and the couple even bought a bigger car so they could haul more of the children around.

Sarah Rath is a retired teacher from Vermont who drives to the area for the weekly sessions with the immigrant women and helps organize soccer games on Sundays for the men to get a taste of home. She is also planning a trip to Mexico next week to take Lonnies 12-year-old son to see his deported father.

Everybody needs to see their father when theyre 12, she rationalized.

And Glens Falls High School Spanish teacher Shannon McKeighan, a good friend of Catalfamos, brings students from the schools AFS International Club she advises to help watch the womens children and teach them to swim while the women learn English.

The volunteers work to improve the lives of immigrants in the region with an overall goal of changing regulations so the immigrants can do the simple things they want in life work hard and raise their families here.

At the weekly sessions, they teach English to the mostly Mexican immigrants and help with tasks like filling out paperwork for the kids school or doctors visits. They role-play scenarios the women might encounter at school or in the community.

But their efforts often go beyond the sessions. They will go to doctors offices, go with the children to sign them up for summer soccer and drive them to stores. They consider them friends.

I feel I get just as much out of it as they do, McKeighan said, adding that while she knows some are here illegally, she sees it as a victimless crime.

The biggest sign of the devotion of these volunteers to the immigrant families is their decision to serve as guardians for the children if their parents get detained or deported.

We have paperwork on 22 families, Sanchez said. We fill out travel forms, power of attorney, medical releases, school releases and travel across the border with a minors forms.

They help because its the right thing to do, they say.

You look at smiles on peoples faces who dont have a lot to smile about and thats payment, Rath said.

The student volunteers said they look forward to seeing the children each week and have learned a lot about the lives of people who have less than they do.

I didnt think it would become as important to me as it has, said Glens Falls senior Katelyn Mello, who has worked with the children for three years. Her older sister, Haylee, serves as a lifeguard and said she wishes she had joined the group sooner.

Its very rewarding to know we can provide a safe place where they can have fun and not be scared or nervous, said McKeighans daughter, Kelsey, a recent college graduate who still helps out. Its a judgment-free zone.

But Sanchez said it comes at a cost. Her two young daughters are often left with babysitters while she helps the immigrants. And family outings to the lake or to the Great Escape often include immigrant children, who seldom get such opportunities.

But I kind of like it, 11-year-old Mia said. It makes you realize we have it good.

And my mom is changing the world, 10-year-old Ava chimed in with a smile.

News of the arrest in Washington County of one immigrant here illegally for sexual assault of a young teen spread through the weekly session on July 26, and led the volunteers to bow their heads with sadness.

The women said they felt sorry for the victim and know that the arrest will add fuel to the fire of those who oppose immigration reform. They spoke of supporting border security and not wanting immigrant criminals in the country, but said the issue isnt black and white.

There are simply good and bad in all populations, Sanchez said, using teachers and priests as examples. This will make people say, You see, Trump was right, they are all criminals.

Catalfamo cited statistics that these immigrants commit crimes at a rate 2 to 5 percent lower than native born Americans.

And Rath said, although sexual assaults by white men are in the news on a daily basis, a similar offense by an undocumented immigrant gets far more attention.

Isnt that racism? she said.

On a recent sunny day, older boys and girls played soccer. Little ones wearing floaties bounced in and out of the pool and some hung from a jungle gym swing set with a slide.

McKeighan and the Mello girls kept an eye on the pool to keep the kids safe.

A blanket on the edge of the pool was covered by uninflated punch balls, stickers, candy and a variety of toys prizes for a summer reading program if the kids read a certain number of books.

Their skin was darker than groups of kids you generally see around here, but other than that, it was a normal summer kid-filled setting in the Glens Falls region.

But theyre feeling the brunt of the countrys tougher stance on their immigrant parents. They all know about the recent roundup of immigrants and the resulting closure of the popular El Mexicano restaurant, which is now for sale.

Their parents tell of their children being taunted in school by classmates who say theyll soon be sent back to Mexico.

Its bullying, Lonnie said. They get really frustrated.

The kids fear police officers these days, too, Sally said.

Theyre always pointing out, I just saw the police go by, she said, adding that she believes there are both good police and bad police.

Some of the kids dont want to go to school anymore, fearing their parents wont be there when they get home. Lonnies 3-year-old even began pulling her hair out after her fathers detention.

The volunteers have come up with a family emergency plan if their parents are detained, they said, training the children who to contact and what to say.

But the volunteers say these kids, nearly all of them born in this country, are also winning awards in school for educational and behavioral achievements, and the mothers, most of whom have minimal education, said these opportunities make the hardships worth it. Amy spoke proudly of seeing her daughter recently collect awards.

They are thriving in school, despite the climate around them, volunteers said.

School is a safe place to be and the people are generally welcoming, said Catalfamo, the Glens Falls school social worker.

But while school is fun, life outside of school these days isnt.

They want to go to Lake George or Great Escape, but their parents fear leaving the house.

These kids have rights, but their parents dont, and theyre stuck in their parents world, Rath said.

The only place I go is Wal-Mart to get food and then home, Amy said.

Leonelli tries to help fix that problem. She met a lot of the children as director of religious education at St. Josephs Church in Fort Edward, but her efforts on their behalf continue long after the church school season ends.

She takes the kids to the movies and the library, to Proctors Theater for a show and to The Harvest restaurant for dinner.

She has noticed glares from people worried the dozen or so children would act out and ruin their experiences.

But the glares soon led to praise from others about how good the children were.

I absolutely love them. Im a teacher, been teaching since 1987. These kids are so well behaved, so appreciative of anything you do for them, she said.

When they were at The Harvest, all 12 of them, a woman at a nearby table picked up the tab, she said.

She said, These kids are close to my heart, Leonelli said, adding that the woman didnt explain further. I think some of it is because of all thats in the media about whats happening to these Mexican families. People dont know what to do to help.

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‘Illegal immigration is not a victimless crime,’ ICE acting director says – Fox News

Posted: July 29, 2017 at 7:38 pm

The horrific incident involving dozens of immigrants allegedly smuggled into the U.S. in a sweltering tractor-trailer is proof that illegal immigration is not a victimless crime, the acting head ofU.S. Immigration and Customs Enforcement (ICE) told Fox News on Monday.

It's a message I've been trying to get out as long as I've been the acting ICE director, ThomasHoman said on"Your World with Neil Cavuto."

Federal authorities havesince charged the alleged driverof the tractor-trailer, James Mathew Bradley Jr., 60, of Clearwater, Fla., with transporting immigrants in the U.S. illegally. Investigators found the packed truck at a Walmart in San Antonio over the weekend. Ten people who were inside the truck have died.

Illegal immigration is not a victimless crime, Homan argued. These folks, they contract with criminal organizations. These organizations are the same organizations that smuggle drugs, they smuggle weapons, smuggle people that want to do harm to this country. You talk about drug cartelsare talking about smuggling folks. These are not victimless crimes, he said.

10THVICTIM DIES IN SAN ANTONIO HUMAN TRAFFICKING CASE

When you're victimized as an illegal alien or somebody stealing your social security number or your credit rating goes to zero because someone took your identity. This is not a victimless crime, Homan continued. Those folks that want to turn a blind eye to illegal immigration, this is what happens. There's real consequences, this is a life-and-death decision that these people make.

Entering the U.S. illegally is a crime, Homan said, and it should be treated as such.

That is why the message needs to be clear: we're going to enforce the laws of this country, he said. If you enter illegally, if it's a crime, and if you think you're going to be safe in a sanctuary city, that is a message I'm trying to get. Sanctuary cities can choose not to cooperate with ICE and choose to shield people from detection. I'm going to send additional resources and we're going to find these people. We're going to enforce the law without apology.

Homan, who previously served as ICE's executive associate director of enforcement and removal operations before becoming the acting director, argued that sanctuary cities are hurting the ability of officials to enforce immigration laws.

TEXAS LIEUTENANT GOVERNOR BLAMES TRUCK DEATHS ON SANCTUARY CITIES THAT ENABLE HUMAN SMUGGLERS

I wish these jurisdictions would work with us, wish they (would) think about the decisions they're making, he said. They're enticing people to come and find refuge in their city. This is not the America that should be. We didn't enforce the laws without apology and we need to take the magnet away, he said.

I can't blame anybody for wanting to come to the United States. There's a legal way to do it and a not legal way to do it. Millions have come to this country and become parts of it's society through the legal process. That's what we need to stick to, Homan added.

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3rd Congressional District GOP candidates stress differences at debate – Daily Herald

Posted: at 7:38 pm

The three Republican candidates running in the special election for the 3rd Congressional District fielded tough questions on health care, Bears Ears, Russia and global affairs Friday night during the second primary debate.

Candidates Tanner Ainge, John Curtis and Chris Herrod held many of the same conservative views on many issues, but tried to stress the differences in their public and private experiences. Ainge pointed to his work as a businessman to giving him the experience to make things happen in Congress. Curtis referenced his 94 percent approval rating as Provo mayor and the success of the city to illustrate his experience. Herrod highlighted his past experience and voting record in the Utah House of Representatives.

Each candidate was given time to respond to debate questions, and then additional rebuttal time to follow up. The following highlights their answers. To watch the full version debate, visit the Daily Heralds Facebook page.

On health care, all of the candidates said states should have more autonomy in health care. They also advocated for health savings accounts, or HSAs, saying this allowed more freedom for residents to get the care they want.

Calling it a failure, Ainge wants to repeal and replace Obamacare. He wants more choice and competition in the free market for purchasing health plans. He advocated increasing the amount people can contribute to HSAs, so doctors and other caregivers are forced to market their services to patients.

Herrod also wants to repeal and replace Obamacare. He explained that socialized medicine is not the panacea that everybody thinks it is. He is a big advocate of having catastrophic plans as well as HSAs.

Curtis said its not just Obamacare thats broken, its decades and decades of government intervention that have caused the problems were experiencing in health care today. He said he believes that if both political parties work together they can replace Obamacare with something thats finally good for the American people.

While all candidates agreed that securing the nations borders should be foremost in regards to immigration reform, they differed on addressing immigration from within.

Herrod said he absolutely supports President Donald Trumps plan to build a wall, and temporarily ban immigration from specific countries. He supports those immigrants that are here legally, but does not support illegal immigration, citing statistics from the U.S. District Attorney for Utah that 40 percent of the crimes they are pursuing are for illegal aliens.

We have to get over the misnomer that illegal immigration is a victimless crime, he said.

Curtis agreed that America needs to be tough on criminals. He also wants to secure our borders, but wants Congress to look at the best way for that, be it technological or other methods.

The third thing we need to do is reform our system, so those good people waiting in line to come, and who are needed by employers here are legally able to come into our country, he said.

Ainge also believes securing the border could include barriers, technology or more personnel. He also feels America needs a stronger legal immigration system.

Right now we have a demand in our strong economy here in Utah for tens of thousands of engineers. And we have some of these people here at universities in our district, he said. We have to make it easier for them to get those visas and contribute.

All three candidates said they believe America should be strong in global affairs, and stand firm with other allies around the globe against those threatening world peace, including Russia, Iran, North Korea and others. Ainge said he is very concerned about Russia extending its influence through aggression.

As for concerns with Russias involvement in American affairs, Herrod said there is no collusion between Russia and America, and complained this issue is distracting Congress from real work in Washington. He also advocated open communication with Russia, because all nations influence others.

All three said they agree with sanctions against Russia for its actions.

We cant have it both ways. We cant say well be tough overseas, and then weak with one specific country. We have to be tough with all of them, Curtis said.

That said, all three candidates agree with Trumps decision to abandon the Paris climate accord.

The candidates were asked their stance on the size of Bears Ears National Monument, and they agreed that it is too big. They all advocated local control of Utah land, and a repeal or exemption from the Antiquities Act.

The rural areas of this district represent a small fraction of the population, yet they need our time and attention as a congressman much more than we need it here in Utah County and Salt Lake County, Curtis said. I will be their advocate.

Again, on this issue they all stood on similar ground, and would like to see more local control over education. Herrod advocated eliminating the U.S. Department of Education, and splitting the money saved by doing so. He suggested using half to pay down the federal deficit, and then block granting it to the states.

The states would then have more money than they currently have, he said.

Ainge agreed, but advocated not eliminating federal partnerships at the collegiate level. He said those helped students earn grants and funding, and also helped universities in their work.

Im a lifelong Republican, Ainge said. I am going to cut spending. I come from the business world. I have looked at hundreds and hundreds of business financial statements, and cut waste. And thats what Im going to do in Congress.

I have a record of talking about the Constitution and following the constitutional principles. That document has made this country what it is, Herrod said. Im the only one that has a proven conservative record. I promise if you send me back, I will do the same things back in D.C. that I have done here in Utah. I will represent you and defend the Constitution.

I have enjoyed a fabulous business career . Ive enjoyed whats been an almost magical experience as the mayor of Provo and accomplished some things that none of us thought would ever be possible, Curtis said. Ask the businesses of Provo how they feel about the last eight years.

After the debates, the candidates met one-on-one with the media. Those interviews are available on the Daily Herald Facebook page.

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Letters – Jail-break | Opinions | thepublicopinion.com – Watertown Public Opinion

Posted: at 7:38 pm

Kudos to the Public Opinion for its recent coverage on mental health screenings for criminal defendants, and the states commitment to allocate significant resources toward this growing problem.

Responsible S.D. officials continue look for alternatives to incarcerating low-level and low-risk criminals. Our Legislature commenced this initiative with Senate Bill 70, and now continues that agenda by establishing a fund to improve how mentally-ill defendants interact with the criminal justice system, all with a common goal reducing inmate numbers.

I recently listened to Attorney General Marty Jackley speak on incarceration issues. He echoed the states direction to incarcerate drug manufacturers and drug distributors, but he encourages non-incarceration alternatives for non-violent offenders (crimes associated with mental health issues, addictions and other victimless crimes). Mr. Jackleys approach is morally and fiscally solid, and demonstrates principled leadership.

The new jail opponents voted-down a $35,000,000 jail and courthouse in November 2014, and then a $27,000,000 jail in June 2017, as we have maintained a not so fast theme due to less expensive alternatives for reducing inmate numbers, with more options emerging. Other than my proposed plan of 10 percent, 20 percent, 20 percent to immediately reduce our jail population by 50 percent, to less than 50 inmates in our 96-bed jail, our county commissioners now have another option to consider, as noted above.

Despite significant costs to taxpayers, the states direction for less incarceration, two failed runs at the ballot box, and increasing alternatives to reducing inmate population at far less cost (as compared to a new jail facility), four of five county commissioners have aggressively supported and actually marketed the construction of a new jail. What will it take for those commissioners to take an honest inventory, demonstrate solid leadership, and admit that Codington County simply does not need a brand new, multi-million dollar jail?

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Is crime going up or down in England and Wales? What crime … – The Conversation UK

Posted: at 7:38 pm

Crimes recorded by the police have jumped 10% overall in the 12 months to March 2017 the largest annual rise in a decade, according to new data recently released by the Office for National Statistics (ONS).

But in the same report, the ONS reported that the latest Crime Survey for England and Wales showed a 7% decrease in crime compared to the prior year.

How can both be true? Is there really a significant increase in crime in England and Wales, or has crime actually fallen?

The new ONS figures do show some alarming rises: violent crimes surged 18% in the 12 months to March 2017. The homicide rate jumped 26%, robberies were up by 16%, and sexual assaults by 15%. Offenders were more likely to use weapons, offences with knives or other sharp instruments climbed 20% in the year, and those involving firearms increased by 23%. Police recorded property crime rates also increased. Theft offences rose 7% over the year, while public order offences increased by a dramatic 39%.

Ministers should be concerned that the numbers suggest the country may be verging on a violent crime wave. Still, there is some evidence to the contrary, suggesting that crime should not be such a pressing concern.

The two methods of studying crime statistics a crime survey and police recorded crime simply measure it in different ways. And they count different types of offences.

Police recorded crimes only include offences that come to the attention of police officers and are entered as official statistics. In contrast, the Crime Survey numbers are generated after face-to-face questioning of as many as 35,000 households.

The Crime Survey results include crimes not reported to police that would not appear in the number of police recorded crimes. But the survey does not capture a lot of serious offences that are counted in police recorded crimes, such as homicide, weapons attacks, and sexual assault. Officials admit that the face-to-face method means people are sometimes not forthcoming when talking about private crimes such as sexual assault. The survey method also does not cover victimless crimes such as drug possession.

In addition, unlike the police reported statistics, the Crime Survey does not count crimes occurring in communal settings, such as college dorms, assisted care facilities, or prisons.

John Flatley, a statistician with the ONS acknowledges the seeming discrepancy. In the recent report, he attributes the rise in reported crime to ongoing improvements to recording practices. But he also concedes that there were actual increases in crimes in certain categories.

So, which is the better method for judging changes in crime rates over time? For most low-level property crimes, which are often not reported to police, the Crime Survey is the better option. But for violent and serious crimes, the Crime Survey does not cover many of them and police recorded crime data is more effective.

This means that for those most concerned about the resurgence of violent crime, the recent substantial increases in violent offending recorded by the police is alarming.

Opposition politicians have pointed out that while reported crime was rising, substantial cuts were made to policing resources nationwide. In the Conservatives bid to reduce spending, the number of police officers in England and Wales has declined in recent years. Overall, police personnel are down 14% since 2010.

Despite such criticism, there is no scientific evidence that can show these reductions actually caused any increase in crime. There are just too many other factors that might explain fluctuations in crime rates, such as unemployment, the availability of social services, and the level of drug use.

The substantial increases in crime from the ONS certainly achieve bigger headlines. Perhaps the more important observation is that the results are already providing political fodder to various sides in the debate about the state of crime and policing resources. Unfortunately, the divergence in statistics means politicians can simply pick the source or statistic that suits their interests.

This article was updated on July 28 to correct the figure for the number of households invited to take place in the Crime Survey for England and Wales. It is 35,000, not 500,000.

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Is crime going up or down in England and Wales? What crime ... - The Conversation UK

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‘True equality took longer’: gay people on the Sexual Offences Act … – The Guardian

Posted: at 7:38 pm

I dont remember being overwhelmed with a feeling of liberation in 67, just that I felt at last a little justice had been done. In some respects at least, I was no longer regarded as a criminal.

Colin Livetts memory of 27 July 1967 when the Sexual Offences Act 1967 received royal assent, 50 years ago this week is indicative of the many responses we received from gay people who lived through the moment often described as the legalisation of homosexuality in the UK.

Guardian readers who responded to our callout said the act could never be described as anything other than a partial decriminalisation. Some described it as a time of joy and liberation, but said it was just a small landmark towards equality that would not truly exist until many years later.

I was 12 when I realised I was gay. It was Wednesday 7 June 1967 before the act was passed and I was sat with my parents, watching a BBC2 documentary preceeding it. It portrayed gay men as victims of a cruel twist of nature, with stories of suicide, physical assault and loneliness, but had no representations of happy gay people or relationships. At last I had a name for the sexual attraction I felt to an older boy at school, but this made me feel dreadfully embarrassed and shamed.

At the end of the programme, my mother said to my father: It must be dreadful to have a homosexual child. I didnt come out to them for another 16 years. When I did, they were supportive, although they urged me to be cautious about sharing my feelings.

The main shift in perception I think occurred in 1967 was that homosexual men were seen as victims of a probably incurable mental disability rather than as proselytising sinners or predatory, perverted criminals.

Its important to remember the act only partially decriminalised homosexuality. I had my first physical relationship with another man in 1974, when we were both 19. We had therefore committed criminal offences, in that we were below the age of consent and the places where we made love were not private as defined and required by the act.

At university, members of the Gay Soc, one of the first in the UK, were constantly scrutinised by college authorities and two gay men under 21 were sent down having been found in bed together. I believe this reinforced my sense of shame, culminating in problems with anxiety, depression and alcohol.

At times, the past 50 years of my life have been a struggle, but as part of my recovery I decided to focus my energies on campaigning vigorously for gay rights. Much has been achieved, especially in the new millennium in my view, equality was only achieved in 2014 when the Marriage (Same Sex Couples) Act 2013 officially came into force. So although the 1967 act did not provide liberation for gay men, it was a necessary milestone on the road to gay equality.

I rejoiced when the act was passed. Gay people like me felt elated at our new-found freedom to be ourselves. Although it had never inhibited my behaviour, the previous law penalised what were victimless crimes and was just plain nasty.

Gay life previously had been covert and potentially shameful in London, where I lived, there was wide acceptance of gay people, but of course there was still discrimination against us. It was difficult for a gay couple to rent a flat or get a mortgage, for example (we did, but lesbians were expected to find a guarantor and for us it still seemed necessary to find a gay-friendly solicitor). I can only remember one person who said he was gay but felt he couldnt have sex because it was illegal life just carried on but of course we all knew there was the risk of being found out.

So though it didnt change my day-to-day life, 1967 was a very important step towards equality during a period of liberation and hope.

True equality took longer. The age of consent was still 21, so sex with or between young people was still illegal and was indeed prosecuted avidly. For me the true public turning point wouldnt come until decades later, when Tony Blair appointed Chris Smith and four other openly gay people as cabinet ministers in 1997.

Things actually got a great deal worse in the two or three years after the act because of its restrictions fundamentally that although under extremely limited circumstances it was now legal to have sex with a lover, it was illegal to try to meet anyone, with convictions for such crimes as importuning for an immoral purpose. How dare they make judgment that my love was an immoral purpose?

I dont remember being overwhelmed with a feeling of liberation in 67, just that I felt at last a little justice had been done. In some respects at least, I was no longer regarded as a criminal.

But the police had a field day and became the enemy for many: there were incidents of gay bashing and blackmail. Convictions increased see the lyrics of Tom Robinsons Glad to Be Gay for details. [So sit back and watch as they close all our clubs / Arrest us for meeting and raid all our pubs / Make sure your boyfriends at least 21 / So only your friends and your brothers get done] Many other gay people and their families went on to suffer for decades the government should do more to apologise for the terrors imposed on them. To simply pardon people is an insult.

The 1967 act had deficiencies, then, but the many campaigning groups that these prompted have brought so many advances. We should celebrate the advances, but its been proved that you cannot partially make people equal. They will want more. We still do.

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Jurors have power to judge evidence and the law itself – The Wilson Times (subscription)

Posted: July 23, 2017 at 1:38 am

The most powerful people in the criminal justice system dont sport black robes or wield gavels. Nor do they carry the tattered briefcase of the trial lawyer or wear the bailiffs badge and gun.

They arent elected or appointed. They dont seek their position of prominence in fact, its a stand-up comedy canard that some take great pains to avoid it by inventing improbable excuses.

Jurors determine a defendants guilt or innocence, and juries of 12 must be in unanimous agreement to convict or acquit. A lone jurors disagreement can deadlock deliberations and force a mistrial.

Thats a solemn responsibility and a great deal of power, and its entrusted to ordinary citizens men and women, white, black and Hispanic, young professionals, middle-aged parents and retirees. Our friends. Our neighbors. Ourselves.

The N.C. Supreme Court has designated July as Juror Appreciation Month in recognition of the burden and privilege jury service represents. The Sixth Amendment of the U.S. Constitution and Article I of the North Carolina Constitution recognize criminal defendants right to be tried by a jury of their peers, a practice derived from English common law.

A ceremonial proclamation from the states highest court is a classy gesture, but until North Carolina commits to informing jurors of their nullification rights, its little more than lip service.

In the instructions given prior to deliberation, judges tell jurors theyre legally required to apply the law as its explained to them. If jurors believe the state proved its case beyond a reasonable doubt and that a defendant has broken the law, judges say they have a duty to convict.

Those directives obscure the long history of jury nullification, which occurs when jurors judge the law along with the facts of the case. If juries believe a person has broken an unjust or unnecessary law, they can refuse to return a conviction.

Nullification can be used for noble purposes in the days of the Underground Railroad, Northern juries acquitted those charged with helping slaves flee from their masters in violation of federal law. It can also reflect popular prejudice in the Jim Crow era, white juries were known to set suspects free after lynchings and beatings of African-Americans.

If the jury feels that the law under which the defendant is accused is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic or passion, the jury has the power to acquit, and the courts must abide by that decision, the 4th U.S. Circuit Court of Appeals acknowledged in the 1969 case U.S. v. Moylan.

While the 4th Circuit whose decisions are binding on North Carolina made that clear, its ruling in the Moylan case also states that judges should not inform jurors of their right to nullify, fearing the far-reaching consequences of jury panels unmoored from statutory strictures.

Activist groups like the Fully Informed Jury Association believe nullification should be used to prevent punishment for victimless crimes. Its been successfully deployed in marijuana possession cases, as polls show a majority of Americans now support the legalization of cannabis.

The Tenth Amendment Center, which believes the federal government has encroached on powers the Constitution reserves for states and individual citizens, calls nullification a vital tool in defense of liberty.

While we acknowledge that juries dont always reach the right conclusion, we put more faith in the wisdom and understanding of our fellow citizens in the jury box than in the supposed inerrancy and infallibility of the law books.

Nullification might already be a subconscious factor in many jurors minds. But forceful instructions from presiding judges that require strict adherence to the law can intimidate jurors and deter them from exercising their common-law right to nullify.

North Carolina courts should tell jurors the truth about the power they wield for better or for worse.

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Jurors have power to judge evidence and the law itself - The Wilson Times (subscription)

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The moped menace: how the scooter became muggers’ vehicle of choice – The Guardian

Posted: at 1:38 am

A scooter gang armed with hammers spotted near BBC studios in London in May. Photograph: MEGA

From her office window, Elizabeth ONeill could see young men on scooters prowling for victims almost every day. Youd see people waiting at bus stops staring at their phones as these lads were about to snatch them, she said. Youd think dont do it, put your phone away. And then it happened to me.

ONeill, a charity worker, was waiting for a bus looking at my phone, figuring out where I was going. It was all over very quickly. Two lads on a moped snatched it out of my hand and rode off. I felt really stupid.

There was just the realisation Oh my God, how do I get home my card is in my phone? And how could I contact anyone to tell them whats happened?

Over the past two years, scooters and mopeds have become the vehicles of choice for mobile phone robberies, bag snatches and even acid attacks.

The increase has been dramatic. In the 12 months to June 2017, the Metropolitan police recorded 16,158 thefts by people using mopeds more than three times as many as the 5,145 reported between July 2015 and June 2016. Violent crime rose sharply last year: the latest figures from the Office of National Statistics show an 18% increase in offences against the person.

The thousands of victims include Martin Lewis, founder of MoneySavingExpert.com, while Daniel Radcliffe, the Harry Potter actor, helped a tourist whose face was slashed by muggers stealing his bag. Five people were sprayed with acid by two people on mopeds earlier this month, including a food delivery rider, Jabed Hussain, whose scooter was stolen. On Thursday, Hussain led a protest alongside drivers for Deliveroo and UberEats outside parliament demanding action. They held up a banner saying Stop acid attacks, bike theft, motorcycle crime.

So how did the moped become a menace? Supt Mark Payne runs Operation Venice, the Mets response to moped, scooter and motorcycle crime. He says there are two reasons for the explosion in scooter robberies: the motive created by a growing secondhand market in mobile phones, and the opportunity to steal scooters.

The method used by the moped muggers is simple. First they steal a scooter. They put on balaclavas and helmets. Then two people, one riding pillion, cruise around high streets, looking for people at bus stops, coming out of railway stations, or walking down the road looking at their phone. After spotting a victim, they mount the pavement. The passenger swipes a phone or bag and they speed away. Whats really changed is the method, Payne said. In the past it was done on foot or with bicycles. What theyve caught on to is that mopeds and scooters are just really easy to steal.

Most scooters are stolen simply by grabbing the handle bars and twisting them to break the steering lock, Payne said. They just wheel it away. Maybe theyll leave it for a few hours to see if there is a tracker, and someone comes to find it. Otherwise theyll open it up, take out the ignition barrel, cross the wires and theyre away.

In the past 12 months, 14,943 scooters and motorcycles were stolen, up from 11,511. Payne compares scooters to Ford Cortinas in the 1990s, which were notoriously easy to take. The car industry responded, under consumer pressure, by fitting immobilisers as standard. Cheap mopeds have little protection other than the steering lock. Like bicycles, they need to be chained to steel posts something the Met has been emphasising in its Be Safe campaign focusing on thefts of scooters and mobile phones.

Yet according to the Motorcycle Crime Reduction Group, a cross-industry body which advises the Home Office, few riders bother. The MCRG conducted a survey of the security of 193 two-wheelers parked in London earlier this year. Just over half 50.4% of scooters were parked without any locks at all. Of those with a chain or lock, only 15% were attached to a metal ground anchor point.

Kevin Howells, the chairman of the MCRG, said they were shocked by the results. In some parking bays youve got 30 bikes taking up those spaces and no ones locked their bike to the street furniture, he said. Its easy pickings. Maybe there should be some legislation so that people are penalised. If youre not going to lock your bike up, that one crime could result in 10 more crimes up the road.

Making scooters harder to steal might reduce opportunity, but the lure of valuable secondhand phones remains strong. Five or six years ago, the police did a lot of work with the mobile phone companies, in particular with Apple, and got security put on the phones, Payne said. The security measures, including the ability to lock a phone remotely, saw the value of stolen phones plunge. The market has since revived, Payne said, because of demand for secondhand parts such as screens, cases and batteries.

Research by Catch 22, a charity which works with former gang members, indicates that the moped muggers can make 300 in a few minutes.

People weve spoken to see this as almost as a victimless crime and they dont believe the police care about it, Catch 22 director Beth Murray said. Its done by 14 or 15-year-olds who are proving themselves. They stick to their own patch because they know the streets, or theyll go to the West End because there will be more tourists and richer people with better phones.

The robbers either give the phones to their friends or sell them at corner shops. If they steal five or six phones and get 50 for each one its a really easy way to make money.

Although they hope to intimidate people into giving up their phones without a fight, by wearing scary-looking helmets and dressing in black, they dont seem to understand the harm they cause to their victims.

They have some strange ideas, Murray said. They think people can just get a better phone the next day on their insurance. They see it as an alternative to burglary. If they get caught they only get charged with one offence rather than two, for breaking and entering, and theft. The punishment is lower it seems like a risk-free way of making money to them.

Police efforts to catch the criminals focus on CCTV and DNA evidence, according to Payne. Fingerprints and DNA are often left on internal parts of scooters which are not usually touched, while partial CCTV images can be pieced together.

Pursuit of suspects is a more difficult topic. Payne simply says that the Met follows national police guidelines on pursuits, which involves making a dynamic risk assessment of whether the suspect or the public might be injured during a chase.

In December 2014, an 18-year-old carpenter from Islington, Henry Hicks, died when his moped crashed while being pursued by police, and the Independent Police Complaints Commission decided that four officers should face gross misconduct charges.

Ken Marsh, the chairman of the Metropolitan Police Federation, said: My colleagues are sick to the back teeth of this. We want to catch criminals, but when you have two young males on a moped, one of them taking their crash helmet off, thats the end of the chase.

When youre out there in the field and that happens, and said chummy falls off said moped, we are hauled through the coals. Youre suspended, your life is just put on hold.

We need a change in the governments view on it and we need protection. Were not asking for carte blanche to run people over. We want an increase in the penalty five years if youre caught on a stolen moped. These crimes are horrific but we feel as though theyve got immunity. We want to see clear guidelines saying that no action will be taken against an officer who pursues someone who is not wearing a crash helmet.

In the meantime, the moped muggers wont be going away while the sun shines. The snatches usually happen between mid-afternoon and dusk, Payne said. More people use mopeds to commute in summer, and criminals wont do it so much in winter. Its a summertime crime.

Moped-enabled thefts reported to the Metropolitan police

1 July 2015 to 30 June 2016: 5,145

1 July 2016 to 30 June 2017: 16,158

Thefts of two-wheeled vehicles reported to Metropolitan police

1 July 2015 to 30 June 2016: 11,511

1 July 2016 to 30 June 2017: 14,943

Attempted snatch thefts in England andWales

April 2015 to March 2016: 123,000

April 2016 to March 2017: 135,000

ONS Crime Survey of England and Wales; Metropolitan police

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