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Why Are Kids Being Tried in Kangaroo Courts? Print
Sunday, 18 May 2014 08:00

Knefel writes: "Of all the constitutional rights afforded to Americans, the right to counsel is one of the most well known. In movies and TV shows, cops recite Miranda rights immediately upon arresting anyone, informing suspects of their right to an attorney even if they cannot afford one."

 (photo: unknown)
(photo: unknown)


Why Are Kids Being Tried in Kangaroo Courts?

By Molly Knefel, Rolling Stone

18 May 14

 

Juvenile courts across the country deny young defendants the constitutional right to an attorney

f all the constitutional rights afforded to Americans, the right to counsel is one of the most well known. In movies and TV shows, cops recite Miranda rights immediately upon arresting anyone, informing suspects of their right to an attorney even if they cannot afford one. This protection for indigent defendants was ensured by the Supreme Court case Gideon v. Wainwright in 1963; four years later, another case established due process rights for children. In that case, called In re Gault, the court ruled that "Under our Constitution, the condition of being a boy does not justify a kangaroo court."

But in juvenile courts across the country, children often face the full weight of the criminal justice system without the protection of a defense attorney. According to a report from the U.S. Attorney General's office, "Some systems ensure that every child in the system is represented, while others allow 80-90 percent of youth who are charged with offenses to appear without counsel." Children may be unrepresented for a variety of reasons, including lack of access to a public defender or pressure from judges or prosecutors to waive their constitutional right to an attorney.

Earlier this month, Colorado scored a victory for juveniles in criminal proceedings by passing House Bill 1032, a law that will ensure that all children will be represented by counsel when they appear in court. The Colorado Juvenile Defender Coalition (CJDC) found in 2012 that at least 45 percent of juveniles did not have a defense lawyer at any point throughout their case, with many more receiving counsel late in proceedings. Kim Dvorchak, CJDC's executive director, says that early advocacy is crucial for children who have been arrested. "There are many places statewide where kids are showing up in a jumpsuit and shackles and the judge is deciding whether they get to go home," she says, "and no one is there making an argument for them."

Dvorchak says there's a similar problem for children who receive summonses and have to appear in court. Those are called "first appearances," and many children face them with literally no defense attorney in the room. "You'll have a busload of kids and families in the room," she says. "There will be a prosecutor there who calls out their names, talks to them right there in open court in front of all the families, let's them know, 'I've reviewed your case and I'm offering you a plea bargain.'" Without a lawyer, she says, those families have no one to tell them the potential impact of accepting a plea – and they may feel pressure to plead guilty even if their child is innocent. "They may think, 'Oh probation, that sounds good, you're not putting my kid in jail.' But they're not understanding what probation will mean for their lives."

The punishments handed down in juvenile court can be long-lasting and devastating, despite the young age of the defendants. Colorado does not have automatic expungement for juvenile records, and Dvorchak says that a conviction can haunt a child just like it can an adult. "These cases aren't going away. The University of Colorado asks if you've ever pled guilty in juvenile court, even if the case has been dismissed," she says. "We need to strengthen due process if we're holding these cases over kids' heads for the rest of their lives."

Juvenile court isn't the only part of the criminal justice system where children are denied representation. Hundreds of thousands of children in immigration court are also denied defense lawyers – but there, unlike in criminal court, they don't even have a legal right to one. The right to indigent defense does not apply to immigration law for adults or children. That means that undocumented children entering the country may find themselves in deportation proceedings without the assistance of counsel. "I've seen kids as young as five go into court without a lawyer," says Wendy Young, president of Kids In Need of Defense (KIND), which represents unaccompanied immigrant and refugee children. And, she says, the number of children apprehended and into federal custody each year is skyrocketing – it's increased from between 6,000-8,000 children per year before 2011 to 25,000 in 2013. This year, the numbers are on track to reach 60,000 children in 2014. Unless those kids are represented by volunteer attorneys like those provided by KIND, they appear in court completely on their own.

While HB 1032 is a victory for the youth of Colorado, it shines light on the much larger problem of children entrenched in the criminal justice system, denied advocates who can help them. Dvorchak believes that more resources should be devoted to ensuring that juvenile courts provide accessible, high-quality indigent defense systems. To deny the justice system's youngest and most vulnerable clients their constitutional rights, she says, does a disservice not only to children, but to due process. When it comes to juvenile justice, she says, "We can't even begin to work on the other issues we have until we get a lawyer there at the outset."


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Obamacare Will Cause Longer Lines for Health Care Print
Saturday, 17 May 2014 15:00

Galindez writes: "I hear the Republicans saying all the time that Obamacare will cause waiting lines like they have in Canada. My response to that is, 'Fantastic!' If they took the time to think, they would realize that all they are saying is more people will be receiving health care."

Longer waiting times for healthcare is a good thing. (photo: Healthy Living)
Longer waiting times for health care is a good thing. (photo: Healthy Living)


Obamacare Will Cause Longer Lines for Health Care

By Scott Galindez, Reader Supported News

17 May 14

pponents of Obamacare are right. You might just have to wait longer for that tummy tuck. I suppose you might even have to wait a little longer for that surgery on your knee, unless it’s an ACL and you’re a professional athlete – then you can still get operated on right away. It might even take longer to get an appointment with your doctor. I can hear the tea partiers shouting, "I told you so." But guess what: it’s a good thing.

I hear the Republicans saying all the time that Obamacare will cause waiting lines like they have in Canada. My response to that is, “Fantastic!” If they took the time to think, they would realize that all they are saying is more people will be receiving health care. Maybe Jane from across the street will be getting a procedure done before you, but Jane couldn’t afford the procedure last year, so she wouldn’t have been in the line.

Millions of Americans who suffered through injuries and illnesses without health care are now in line. Of course more patients are going to cause longer waiting times. I have never met a Canadian who would give up their health care in exchange for our system. I guess if I met Wayne Gretzky, he might like a system in which only those who can afford it get treated. But I’m betting before he made millions playing hockey, he was happy to go to a Canadian doctor instead of suffering through the pain of an injury because his parents couldn’t afford a visit to the doctor.

Obamacare is only a step in the right direction. We need longer lines. We want everyone in line.

Most opponents of Obamacare are, deep down, good people who have been duped by the greedy one percent who want to keep the line short. They want the specialists to be caring for only their families. God forbid the janitor or the maid get the same health care as the rich.

To get everyone into the line, we need to first get rid of the middle man. When the public option was being debated, all we heard was how insurance companies couldn’t compete with the government-negotiated rates. My reaction was always to say, wouldn’t that be wonderful? No more insurance companies to deny us procedures they think are too costly. What do they provide? They are nothing more than payees who add to the cost of health care. Let’s give their job to a non-profit driven entity like the government and save money.

Yes Obamacare opponents on the left, you are right too – single payer will make the lines even longer. Won’t that be wonderful? But in the meantime let’s give credit where credit is due. Obamacare is causing longer lines for health care, so let’s celebrate.


Scott Galindez attended Syracuse University, where he first became politically active. The writings of El Salvador's slain archbishop Oscar Romero and the on-campus South Africa divestment movement converted him from a Reagan supporter to an activist for Peace and Justice. Over the years he has been influenced by the likes of Philip Berrigan, William Thomas, Mitch Snyder, Don White, Lisa Fithian, and Paul Wellstone. Scott met Marc Ash while organizing counterinaugural events after George W. Bush's first stolen election. Scott will be spending a year covering the presidential election from Iowa.

Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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RIP Social Conservatism: Why It's Dying - and the Coming Realignment Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=17709"><span class="small">Michael Lind, Salon</span></a>   
Saturday, 17 May 2014 14:55

Lind writes: "You wouldn't know it from watching MSNBC or Fox, but the era in which controversies over social issues like 'God, gays and guns' defines political alignments is probably drawing to a close, thanks to the social liberalism of younger Americans such as Millennials, who were born in 1981 or later."

Rick Santorum, Marsha Blackburn and Mike Huckabee. (photo: Manuel Balce Ceneta/AP, J. Scott Applewhite/Reuters, Joe Skipper/Salon)
Rick Santorum, Marsha Blackburn and Mike Huckabee. (photo: Manuel Balce Ceneta/AP, J. Scott Applewhite/Reuters, Joe Skipper/Salon)


RIP Social Conservatism: Why It's Dying - and the Coming Realignment

By Michael Lind, Salon

17 May 14

 

Don't cheer yet, liberals. A direct consequence could be the crack-up of today’s Democratic coalition. Here's why

n our age of political trench warfare, it is easy to assume that today’s political coalitions will last forever. Democrats put their hopes in the incremental demographic growth of their present coalition of blacks, Latinos and white progressives, chiefly as a result of Latino immigration. Forward-thinking Republican strategists hope to thwart a permanent Democratic majority by enticing a sufficient number of Latinos, if not blacks, to vote for the GOP. These are reasonable strategies for both sides, for the next few electoral cycles.

But the fixed political trenches have been dug into a glacier which itself is both changing and moving. In a new article at Breakthrough Journal, “The Coming Realignment: Cities, Class, and Ideology After Social Conservatism,” I speculate about how one long-term social trend in particular — the decline of social conservatism — is likely to transform the definition of categories that today we take for granted, like “progressive,” “conservative” and “centrist.”

You wouldn’t know it from watching MSNBC or Fox, but the era in which controversies over social issues like “God, gays and guns” defines political alignments is probably drawing to a close, thanks to the social liberalism of younger Americans such as Millennials, who were born in 1981 or later. Millennials are the least religious generation, with fewer than one in 10 saying that religion is important in their lives. They are the only generation in which a majority (70 percent) supports gay marriage. And Millennials are not only less likely than their elders to own guns but also provide majority support to gun control.

Does the rise of social liberalism mean that today’s Democratic coalition will permanently dominate American politics in a decade or a generation? Will John Judis and Ruy Teixeira be vindicated by the final emergence of “the emerging Democratic majority”?

It’s possible that a combination of Latino votes and social liberalism among younger generations will push today’s Democratic coalition into power for decades or generations, but I don’t think so. On the contrary, I argue that the rise of social liberalism and the decline of social conservatism will destabilize existing American political divisions and shatter and recombine today’s parties, in surprising ways.

If we imagine a graph with two axes, social issues (liberal and conservative) and economic issues (liberal and conservative), then it is clear that Americans have long been divided among four groups. Progressives are liberal with respect to both social issues and economic issues; conservatives, the reverse. But there are also a small number of libertarians, who unite social liberalism with pro-market, anti-statist economic conservatism; and a large number of populists, like the aging white working-class “Reagan Democrats,” who combine social conservatism with support for liberal New Deal and Great Society programs like Social Security and Medicare.

If social liberal attitudes become nearly universal, then today’s conservatism and today’s populism vanish or become marginalized. A four-fold division of the American electorate would be replaced by a simpler binary opposition. In an America which, a generation or two hence, practically everyone is a social liberal, there would be two socially liberal factions that disagree chiefly about economics, even as they share current liberal positions on abortion, gay rights and censorship.

This realignment of attitudes will not happen by 2020, perhaps not even by 2030. But it has already occurred in Britain and most of Europe, where the local conservatives are social liberals, by American standards. By the mid-21st century, a similar situation is likely to obtain on this side of the Atlantic.

One of the consequences I predict is the crack-up of today’s Democratic coalition — paradoxically, as a direct consequence of the decline of social conservatism.

At the moment the Democrats are a tenuous coalition of economic progressives and “neoliberals” or moderate economic conservatives. In their policy views many of the neoliberals, including arguably Barack Obama and the Clintons, are what used to be called “Rockefeller Republicans.” Many neoliberals favor smaller government, free trade, deregulation and lower taxes and side with the Democrats chiefly because of the religiosity and social conservatism of today’s Republicans.

If the threat of religious fundamentalism and social conservatism declines, there is really no reason for the allies of neoliberals like Robert Rubin and the allies of economic progressives like Elizabeth Warren to remain in the same party. This is why, in “The Coming Realignment,” I predict that the two wings of today’s Democrats may evolve into the nuclei of the two national parties of tomorrow, once social conservatism goes the way of segregationism and agrarianism.

Because both economic progressives and neoliberals call themselves “progressives” today, to avoid confusion I describe the likely future coalitions using portmanteau names: “Populiberals” (socially liberal and economically liberal) and “liberaltarians” (socially liberal and economically conservative). The useful term “liberaltarianism” is already in circulation, to describe the overlapping position of the right wing of progressivism and the left wing of libertarianism.

In the essay, I argue that these future factions are likely to have their own geographic bases, with populiberalism strongest in “Posturbia” (suburbs and exurbs) while liberaltarianism will flourish in the urban downtowns of “Densitaria.” I should emphasize that by “urban” I do not mean “nonwhite,” just as by “Posturbian” I do not mean “red state” versus “blue state” or the “Retro/Metro” schema put forth by John Sperling in 2004. I am describing a possible future, not the present or the past. Already a majority of Latinos and African-Americans live in the suburbs, and decades from now most immigrants in immigrant-rich urban areas may no longer be from Latin America. And remember, nearly everyone in the future in this thought experiment is a social liberal, by today’s standards. So I am not talking about conservative white-flight suburbs versus black inner cities. I am talking about a different and new pattern of political geography.

In post-social-conservative America, the division between Posturbia and Densitaria may correspond roughly to the debate among tomorrow’s New Deal-ish populiberals who favor universal social insurance and tomorrow’s liberaltarians who may favor means-tested, targeted welfare programs, like today’s neoliberal Democrats or “gentry liberals” (to use Joel Kotkin’s phrase). In “The Coming Realignment” I suggest:

In highly unequal societies — like many Latin American countries, or cities like New York and San Francisco — the middle of the metaphorical hourglass is squeezed between the rich and the poor. In such a social order, the argument for means-testing the welfare state, eliminating negligible benefits for the rich in order to somewhat expand benefits for the poor, may seem to be more persuasive.

The opposite logic holds in the low-density, low-rent environment of Posturbia, consisting of residential neighborhoods that are dominated by single-family housing and decentralized office parks, malls, and stores. Because the rich, in America as elsewhere, prefer to congregate in expensive, fashionable urban neighborhoods, there will be relatively few rich people in Posturbia. At the same time, the pattern of single-family housing has the effect of excluding people who are too poor to own homes rather than rent.

For these reasons, the emergent society of Posturbia is much more egalitarian than that of Densitaria, by default more than by design. While Densitarian urban areas have an hourglass social structure, the Posturbian suburbs, exurbs, and small towns tend to have a diamond-shaped class system, with few rich, few poor, and a dominant middle. In this environment, universal social insurance — based on the bargain that everybody works, everybody pays, and everybody benefits — can be expected to seem more practical and to win more political support than in the hierarchical Densitarian downtowns.

Whether my guesses prove to be prescient or misguided, one thing is certain: The ongoing erosion of social conservatism in the United States is bound to destabilize and transform American politics, even if present coalitions last through another few election cycles. Gridlock will not last forever. Big change is on the way.

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Why You Should Worry About the Election of Narendra Modi in India Print
Saturday, 17 May 2014 14:54

Dreyfuss writes: "Who is Narendra Modi, and why should we be afraid? Modi, of course, is the leader of India's Bharatiya Janata Party, a rightist, Hindu nationalist party, which won big in India's weeks-long national election, and Modi will become India's next prime minister now that 550 million ballots have been counted."

India's next prime minister Narendra Modi, May 16, 2014. (photo: Saurabh Das/AP)
India's next prime minister, Narendra Modi, May 16, 2014. (photo: Saurabh Das/AP)


Why You Should Worry About the Election of Narendra Modi in India

By Bob Dreyfuss, The Nation

17 May 14

ho is Narendra Modi, and why should we be afraid?

Modi, of course, is the leader of India’s Bharatiya Janata Party, a rightist, Hindu nationalist party, which won big in India’s weeks-long national election, and Modi will become India’s next prime minister now that 550 million ballots have been counted. In ousting the Congress party, the BJP will drag India much farther than it has ever been into a sectarian and even militant view of the role of Hindus in India and beyond, and it’s very possible that relations between India and Pakistan will get a lot worse under Modi. Because Modi is, above all, a pro-business advocate, he’ll be careful not to rush into a confrontation with either Pakistan or China. But those relationships, already not good, are certainly not likely to improve under the BJP. (Markets were sharply higher in India after Modi’s win was confirmed.)

Not only would worsening ties between India and Pakistan threaten to revive those two countries’ proxy war in Afghanistan, but if they lead to tensions in Kashmir (beyond the long-simmering crisis that plagues that divided region), then they could even threaten to spark a war between New Delhi and Islamabad—and both countries are nuclear-armed. And Modi’s involvement in horrific sectarian, anti-Muslim riots in the state of Gujarat signal that Modi may not be welcomed by India’s vast Muslim minority.

There’s also a danger that the United States, where some neoconservatives and other hawks see India as a counterweight to China, might seek to build military ties with the new BJP government as part of Washington’s “pivot” toward Asia.

The BJP is the political heir of the 1970s-era Janata party, which ruled India for a few years under Morarji Desai. Aside from, and parallel to, the role of the BJP and Modi in sectarian strife putting Hindus against Muslims in India, the BJP and its allied organization, the Rashtriya Swayamsevak Sangh, have forces within them that believe that India under the Congress party and the Gandhis has lost sight of India’s glorious role as defender of Hindu interests. The RSS—whose name translates as “National Volunteer Organization”—is a right-wing, paramilitary group founded in 1925, which has long been involved in anti-Muslim violence and which has been banned several times in India’s history, including after one of its adherents assassinated Mahatma Gandhi in 1948. And though the leaders of the BJP have, lately, been careful to keep the RSS at arm’s length, the RSS jumped into the fray during the election with strong support for the BJP.

The BBC, in its profile of Modi, says in regard to the RSS:

Analysts say the reason Mr Modi remains unscathed is the strong support he enjoys among senior leaders in the right-wing Hindu organisation, the Rashtriya Swayamsevak Sangh (RSS). The RSS, founded in the 1920s with a clear objective to make India a Hindu nation, functions as an ideological fountainhead to a host of hardline Hindu groups—including Mr Modi’s BJP with which it has close ties. The RSS has a particularly strong base in Gujarat, and Mr Modi’s ties to it were seen as a strength the organisation could tap into when he joined the state unit of the BJP in the 1980s.

Recently, a rising tide of Hindu nationalism in India has led to worrying developments, especially for Muslims and secularists, including the banning in India of a recent book by Wendy Doniger, The Hindus: An Alternative History. Indian journalists who’ve reported on the role of Modi, the BJP and the RSS in recent sectarian violence have been threatened. And critics have felt the violent wrath of BJP supporters.

BJP supporters, of course, were blamed for Hindu-vs.-Muslim sectarian violence of 1992 and 2002 in Gujarat—where the population is about one-seventh Muslim—in which thousands died. In an interview with The New York Times after the riots, in which Hindus rampaged against Muslims, destroying thousands of homes and businesses, Modi—then Gujarat’s chief state minister—was brazenly unapologetic. In 2005, the United States banned Modi from traveling to the United States, though in February—having figured out that Modi and the BJP were likely to win the election in May—the US embassy reached out to Modi once again. (Modi also had reconciliation meetings with Britain, the former colonial power, and with the European Union.)

Writing in The Washington Post, Fareed Zakaria edges dangerously close to the notion that the United States can now rebuild ties with India under Modi, who is likely to reject, according to Zakaria, India’s “old, Third World, anti-colonial impulses” for the “obvious requirements of a new Asia in which China is emerging as the dominant power.”

And making little of Modi’s Hindu nationalism and the RSS, Fortune magazine was bullish about the new government:

[It] offers an opportunity for the U.S. to shore up a central part of the relationship that has frayed over the last two years. An Indian government more focused on trade and investment would provide a welcome opening, and U.S. corporations are eager to get back to business. Washington can respond with convening long-delayed trade meetings, and championing Indian interest in deeper economic partnership throughout Asia, including a path to the Trans-Pacific Partnership and inclusion in the Asia-Pacific Economic Cooperation Forum.

The issue of relations with Pakistan wasn’t a major factor in the election, but it’s now being raised as a major question for Modi. As the BBC reports:

Mr. Modi’s reputation as a no-nonsense leader standing for muscular nationalism has led to suggestions that India would be more assertive diplomatically under his rule. In its election manifesto, the BJP says it believes political stability, progress and peace are “essential for South Asia’s growth and development.” But the party’s leader has also hinted at a tough stance on talks with Pakistan, saying “the sound of dialogue is drowned by the noise of bombs and guns.”

And the BBC adds:

Mr. Modi’s status as an international pariah—cut off by the US and UK after the 2002 riots—came to an end in the last two years. He must now convince India’s Muslims—the country’s biggest minority community—and others that his Hindu nationalist party will not pursue an overtly majoritarian political and social ideology. He has reassured Muslims that they will be protected under his leadership, but some Hindu nationalist leaders reportedly made anti-Muslim speeches while campaigning for the election.
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FOCUS | This Is Why Bernie Sanders Is Pissed Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Saturday, 17 May 2014 13:23

Pierce writes: "Vermont's Bernie Sanders presided over the hearing of the Senate Veterans Affairs Committee yesterday at which Eric Shinseki got roasted over a slow flame."

(illustration: DonkeyHotey/Flickr/Special to The Politics Blog)
(illustration: DonkeyHotey/Flickr/Special to The Politics Blog)


This Is Why Bernie Sanders Is Pissed

By Charles Pierce, Esquire

17 May 14

 

ermont's Bernie Sanders presided over the hearing of the Senate Veterans Affairs Committee yesterday at which Eric Shinseki got roasted over a slow flame. Sanders was in fine form, thundering away, not merely at Shinseki, and not merely at the likely criminals who fudged reports and shredded documents to cover their own incompetence, but at the way this country has treated veterans in general, especially those returning from the wars launched by the Avignon Presidency.

Cranking up the ol' Wayback machine, this put me in mind of a day back in February, when I was at a press conference in the Capitol, and Sanders had to come out and explain that a carefull crafted piece of legislation regarding veterans benefits had been sunk as part of the ongoing Republican strategy of stalling everything until the country collapses and they can all become Lords Of The Rubble. (I'm paraphrasing a bit.) He was not happy that day, either.

Only two Republicans were willing to vote with Sanders, and the bill died a procedural death. The final straw was an attempt by Republican legislators to hang an amendment onto the bill calling for increased sanctions on Iran. There was also some cheap bullshit thrown around about the budget, most notably by Senator Jefferson Davis Beauregard Sessions of Alabama. There also was, spectacularly, some debate time taken up by, believe it or not, Benghazi, Benghazi!, BENGHAZI!

There was a lot of talk yesterday about how bipartisan the outrage is at the blossoming VA scandal, and how bipartisan the agreement is that we have to do better by the people we send to make war in places around the world. In February, the Republicans had a chance to put up or shut up. They shut up. They should continue to do so.

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