Supreme Court to review Oklahoma death penalty [revenge murder] protocols

Jurist

The US Supreme Court [official website] on Friday granted certiorari [PDF] to determine whether Oklahoma's lethal injection protocol is unconstitutional under the Eighth Amendment [text]. The case, Glossip v. Gross [docket], originated when four death row inmates filed a complaint [complaint, PDF] against the Director of the Oklahoma Department of Corrections [official website] for the use of the midazolam drug in the state's lethal injection protocol as cruel and unusual punishment, alleging that the drug can cause a substantial risk of "severe pain, needless suffering, and a lingering death." The inmates also allege that a negligent administering of the drug can cause one to be conscious for the remainder of the lethal injection process, as evidenced by Oklahoma's botched execution of former inmate Clayton Lockett [JURIST report]. Although the court has agreed to hear the case, it refused to grant a stay of execution [opinion, PDF] for the inmates involved, and Oklahoma has since executed Charles Frederick Warner [JURIST report], with another inmate scheduled for execution [CNN report] next Tuesday.

The US Court of Appeals for the Tenth Circuit [official website] denied a request to stay the executions [JURIST report] of the four death row inmates earlier this month, concluding that the inmates failed to establish a likelihood of success on the merits of their case. The petition for stay came following a decision by the US District Court for the Western District of Oklahoma [official website] in December that the state's lethal injection protocol does not subject inmates on death row to cruel and unusual punishment [JURIST report] in violation of the Eighth Amendment, effectively allowing the state to continue with its scheduled executions. In September Oklahoma Governor Mary Fallin [official website] defended the death penalty for the most heinous crimes, in spite of mounting criticism of the state's death penalty protocols. In May the Oklahoma Criminal Court of Appeals [official website] approved a six-month stay of execution [JURIST report] for a current death row inmate while an investigation was conducted into issues with Lockett's execution. In a June article JURIST Guest Columnist Andrew Spiropoulos of the Oklahoma City University School of Law discussed the tactical strategies [JURIST op-ed] of all parties involved in the Oklahoma Courts' death penalty decisions.

NJ Shut it Down Circulates Petition Demanding Police transparency and accountability [from racists? don't hold your breath!]

NJ.com

A group of student activists is organizing a rally and march in Trenton on Friday to protest police brutality and the police-involved deaths that made headlines nationwide last year.

NJ Shut it Down, a coalition of students from colleges and schools across the state, is hosting the event, called #BlackOutTrenton.

A Change.org petition created by NJ Shut it Down to Gov. Chris Christie includes a list of demands the group says will meet the need for increased transparency and accountability in policing practices.

Organizer Zellie Imani said the petition is the next step to a number of demonstrations held throughout the state recently.

"We thought the next progressive step was to bring our demands in a petition," Imani said.

The demands include requiring a police report to be completed within 24 hours of an incident in which deadly force is used.

“Each officer involved and/or present at the time of the incident will be required to complete his or her own separate report regarding the incident with their accounts of the events,” the petition demands.

The petition suggests that any footage from police dashboard cameras, body cameras or surveillance video be made public within 48 hours of the incident. The petition also seeks to have the state adopt legislation requiring that a third-party prosecutor be elected for deadly police incidents.

“Through the immediate implementation of such legislation citizens will be provided increased transparency into police activity and accountability practices for police officers will be less susceptible to bias and corruption,” the petition reads. “Such legislation will additionally serve as a stepping stone in reducing tensions between citizens and police.”

The petition had garnered more than 1,800 signatures as of Wednesday evening.

Why Do Increases in Police Brutality Follow NYPD Commissioner Bratton Wherever He Goes?

Atlanta Blackstar

Can the disturbing cases of police brutality and excessive force that have plagued cities like New York and Los Angeles in recent years be traced back to William Bratton?

In an intriguing article in Slate by writer Justin Peters, he makes a strong case that the answer is a resounding “Yes.”

Peters writes that the broken windows philosophy of policing enthusiastically advocated by Bratton—that if officers crack down on petty quality-of-life offenses it will prevent the major crimes from occurring—is responsible for the increases in complaints of excessive force against police in New York and Los Angeles over the past two decades. Bratton was the commissioner in New York, then Los Angeles, and now back in New York to oversee the rise in complaints in both places.

Before Eric Garner died from a police-administered chokehold earlier this year, there was William Cardenas in 2006 in Los Angeles who said he couldn’t breathe during an officer chokehold, and Anthony Baez who was killed in the Bronx in 1994 with an officer chokehold. As Peters points out, Bratton—whom he calls “the most celebrated police official of his era”—was in charge during each of these cases and, after each one, spewed encouraging rhetoric about police “retraining.”

“We’ve heard that before. From New York to Los Angeles to New York again, William Bratton’s career has been pockmarked by ‘I can’t breathe’–grade incidents, by increased civilian complaints of excessive force,” Peters writes. “And every time, more or less, Bratton has responded by calling for training reforms and resisting outside intervention into police disciplinary methods. Police brutality and excessive force are problems in all police departments, not just Bratton’s. But Bratton’s reputation as a reformer, as well as his history of evading responsibility for excesses committed by officers under his command, merit more scrutiny than they’ve received.”

GOP [white party] drops 'civil rights and human rights' from subcommittee name

CLG

The new GOP chairman of a Senate Judiciary subcommittee changed the name of the panel, dropping "civil rights" and "human rights" from its title. The subcommittee on the Constitution, Civil Rights and Human Rights is now simply the subcommittee on the Constitution. The subcommittee names are chosen by its chair, so Sen. John Cornyn (R-Tex.) is responsible for the switch...Civil rights leaders are displeased. Nancy Zirkin, executive vice president of the Leadership Conference on Civil and Human Rights, called it "a discouraging sign" in a news release Friday.

Rep. Barbara Lee: We’re still living in ‘two Americas’

SF Bayview

In 1967, Dr. Martin Luther King Jr. came to Stanford University to deliver the first iteration of his speech, “The Other America.” Dr. King called attention to the disparate “two Americas” in which whites and Blacks lived – one filled with potential and prosperity and the other filled with “blasted hopes and shattered dreams.”

Dr. King called attention to the disparate “two Americas” in which whites and Blacks lived – one filled with potential and prosperity and the other filled with “blasted hopes and shattered dreams.”

When Dr. King gave this speech in 1967, the Civil Rights Movement was at a turning point. Unrest in America’s cities was growing in intensity and violence, and Dr. King’s activism began tackling the root of this upheaval: economic inequality.

I hope you take the time to watch and read this very profound, uplifting speech, for it is as relevant now as it was then. It is this stage of the struggle that we are still living. Forty-eight years later, Dr. King’s economic justice agenda is largely on hold and the two Americas he spoke of are intact – particularly for people of color. [MORE]

New Law Requires Illinois Police to have an “independent administrator” (a detective with no ties to a particular case) conduct both photo and in-person lineups

InnocenceProject

Illinois is now conducting blind lineups and photo arrays under a new state law that went into effect on January 1st. The new legislation requires police departments to have an “independent administrator” (a detective with no ties to a particular case) conduct both photo and in-person lineups. In cases where an entire police department may be involved, authorities will be able to use a computer program to conduct the lineup. 

 

 

 

The aim of this new law is to increase transparency in police practice and hopefully limit detectives’ intentional or inadvertent influences over witness identifications. The use of an independent administrator will ensure that no one involved in the lineup knows the identity of the suspect. Improper lineups have been found to contribute highly to wrongful convictions, which can be seen in almost three-fourths of the 325 wrongful convictions that were overturned by DNA. 

 

 

 

While there are still some kinks to be worked out, like detectives’ ability to bypass video and/or independent administrator-conducted lineups if it’s not available or practical to do so, Illinois’ new requirements look to be a great improvement for best police practice throughout the state.

 

 

 

Kane County State’s Attorney Joe McMahon says that he’s pleased with the new law and hopes that it will work to ensure more accurate arrests and prosecutions. “Cognitive bias is not something the administrator is doing intentionally,” McMahon said. “It certainly has been an issue in wrongful convictions nationally, not just in Illinois. This is a ripe area for us in law enforcement to look at and challenge us to do better.”

 

 

 

Under the same law, Illinois police departments have already begun video-recording lineups. Authorities are now required to record the victim or witness when making an identification. The recordings will be made available for a judge to examine and are required to be shared with the defense attorney in the case. 

 

New police radars can 'see' inside homes

USA Today

At least 50 U.S. law enforcement agencies have secretly equipped their officers with radar devices that allow them to effectively peer through the walls of houses to see whether anyone is inside, a practice raising new concerns about the extent of government surveillance.

Those agencies, including the FBI and the U.S. Marshals Service, began deploying the radar systems more than two years ago with little notice to the courts and no public disclosure of when or how they would be used. The technology raises legal and privacy issues because the U.S. Supreme Court has said officers generally cannot use high-tech sensors to tell them about the inside of a person's house without first obtaining a search warrant.

The radars work like finely tuned motion detectors, using radio waves to zero in on movements as slight as human breathing from a distance of more than 50 feet. They can detect whether anyone is inside of a house, where they are and whether they are moving.

Current and former federal officials say the information is critical for keeping officers safe if they need to storm buildings or rescue hostages. But privacy advocates and judges have nonetheless expressed concern about the circumstances in which law enforcement agencies may be using the radars — and the fact that they have so far done so without public scrutiny.

"The idea that the government can send signals through the wall of your house to figure out what's inside is problematic," said Christopher Soghoian, the American Civil Liberties Union's principal technologist. "Technologies that allow the police to look inside of a home are among the intrusive tools that police have."

Agents' use of the radars was largely unknown until December, when a federal appeals court in Denver said officers had used one before they entered a house to arrest a man wanted for violating his parole. The judges expressed alarm that agents had used the new technology without a search warrant, warning that "the government's warrantless use of such a powerful tool to search inside homes poses grave Fourth Amendment questions."

By then, however, the technology was hardly new. Federal contract records show the Marshals Service began buying the radars in 2012, and has so far spent at least $180,000 on them.

Justice Department spokesman Patrick Rodenbush said officials are reviewing the court's decision. He said the Marshals Service "routinely pursues and arrests violent offenders based on pre-established probable cause in arrest warrants" for serious crimes.

The device the Marshals Service and others are using, known as the Range-R, looks like a sophisticated stud-finder. Its display shows whether it has detected movement on the other side of a wall and, if so, how far away it is — but it does not show a picture of what's happening inside. The Range-R's maker, L-3 Communications, estimates it has sold about 200 devices to 50 law enforcement agencies at a cost of about $6,000 each. [MORE]

Does the Fourth Amendment restrict the use of drug-sniffing dogs by the police at a roadside traffic stop, when the officer has finished issuing any citation and the stop is prolonged for a few minutes solely to conduct the dog sniff?

ScotusBlog

Prior decisions of the Supreme Court addressing the constitutionality of the use of narcotics-sniffing dogs versus other law enforcement techniques have been on a theoretical collision course for years.  On Wednesday, the Court will hear argument in Rodriguez v. United States and consider aspects of the issue once again: does the Fourth Amendment restrict the use of drug-sniffing dogs by the police at a roadside traffic stop, when the officer has finished issuing any citation and the stop is prolonged for a few minutes solely to conduct the dog sniff?

The nuances of simple facts

As in many Fourth Amendment cases, although the facts in Rodriguez are relatively simple they raise difficult theoretical questions which often turn on nuances about the details.  One evening shortly after midnight, a car being driven by Dennys Rodriguez and carrying passenger Scott Pollman was stopped by Officer Morgan Struble.  Struble had observed the car drift slowly onto the shoulder of a highway and then jerk suddenly back onto the road — this was concededly “probable cause” to believe that Nebraska traffic statutes had been violated.  Coincidentally, Officer Struble was a “canine officer,” and he had his drug-sniffing dog with him in his patrol car.

Upon questioning, Rodriguez told Officer Struble that he had swerved to avoid a pothole; the officer found that implausible.  The officer was also suspicious of the “overwhelming” odor of air freshener; and he thought Pollman was unusually nervous for a passenger.  When the officer asked Rodriguez to come sit in the patrol car during a records check, Rodriguez asked if he was required to do so.  Upon being told that he was not, Rodriguez stayed in his own car.

When the records check came back negative, the officer went back to Rodriguez’s car and spoke with Pollman, a conversation that the officer later said he also found suspicious.  When the officer returned to his car, this time to run a records check on Pollman, he called for a second officer to come to the scene:  Officer Straube had apparently decided to conduct a dog sniff and wanted another officer as “back up” for safety reasons.

Officer Struble then went back to Rodriguez’s car, returned all documents to both men, and issued Rodriguez a written warning.  At this point the stop of the car for traffic reasons appears to have been over.  Officer Struble then asked for permission to walk his dog around the car.  When Rodriguez refused, Officer Struble ordered him out of the car.  This also concededly appears to be a moment of Fourth Amendment detention.  They waited for the second officer, and when that officer arrived the dog sniff was conducted.  The dog alerted within a few seconds.  A search of the car yielded a bag of methamphetamine and the case went federal.  Undisputedly, about seven or eight minutes elapsed from when Officer Struble gave Rodriguez the written warning until the dog alerted.

The federal magistrate found that the facts did not add up to reasonable suspicion once the traffic stop was over.  Nevertheless, he recommended against suppression because the delay to conduct the dog sniff was a “de minimis intrusion” under Eighth Circuit precedent.  The federal district court agreed, Rodriguez then pled guilty conditionally, and on appeal the Eighth Circuit affirmed.

Thus the question whether the Fourth Amendment permits an eight-minute detention, after a valid traffic stop has been completed, to conduct a dog sniff, seems clearly presented.   More generally, the question whether (and for how long) a traffic stop may be prolonged, for reasons unrelated to the traffic violation itself, has divided lower courts.  Note however, that the question in Rodriguez is premised on the assumption that the officer on the facts of this case did not have “reasonable suspicion” regarding narcotics.  In addition to arguing that the dog-sniff detention was reasonable under the Fourth Amendment, the United States also argues that the Court could alternatively find that there was, as a matter of law, “reasonable suspicion” here.  If the Court were to accept that view, then the “detention for dog sniff without suspicion” question would presumably be moot.  But given the views of the trial judges, this alternative seems unlikely (although it could be open if there were a reversal for Rodriguez and remand).

The constitutional collision course

Here’s a brief sketch of the constitutional debate regarding dog sniffs.  The Fourth Amendment concept of a “search” is a constitutional trigger for inquiring into further requirements (“probable cause,” “reasonable suspicion,” possibly a search warrant, or some recognized exception).  Absent a “search” (or “seizure”), officers are not restricted by the Fourth Amendment at all.  Thus if a dog sniff is not a “search,” then there are no Fourth Amendment constraints on officers employing them (although this still leaves the question of the length of the detention here).

In two prior cases, Illinois v. Caballes (2005) and United States v. Place (1983), the Court has declared that dog sniffs conducted by law enforcement in public places (an airport and a roadside traffic stop) are “not a search” because (the Court said) they don’t intrude upon a “reasonable expectation of privacy.”  More recently, however, the Court has ruled that using a drug-sniffing dog on a residential front porch (Florida v. Jardines, 2013) is a “search,” regardless of privacy interests.  Meanwhile the Court has ruled more generally that using a GPS locator to monitor cars on public roads (United States v. Jones, 2012) is a “search;” and that employing a “thermal heat imager” from a police car on a public road (Kyllo v. United States, 2001) is a “search” when it detects information about heat usage inside a house.  Although the Caballes decision suggests a constitutional difference between a heat imager and a drug-sniffing dog,” the case involved the sniff of a car in a roadside rather than the sniff of a residence.  Perhaps the relevant constitutional distinction is really between cars and houses?  Wednesday’s argument may – or may not – shed further light on these questions.

The other constitutional aspect of Rodriguez asks what Fourth Amendment rules apply to the detention of cars and their passengers during roadside traffic stops.  Prior to 1968, when Terry v. Ohio was decided, the accepted doctrine was that an officer may not stop a car unless he has “probable cause” — but if an officer does have probable cause to believe a car contains contraband, he may stop and search a car without a warrant, on the theory that its mobility creates an “exigency” and there is not time to seek a warrant.  Terry, however, reduced the level of suspicion necessary under the Fourth Amendment to “stop” (that is, “seize”) a person, ruling that a brief detention to either confirm or allay suspicion is constitutionally acceptable if the officer has articulable “reasonable suspicion” that crime is afoot (a somewhat undefined standard that is more than a hunch but less than probable cause).

New York City officials agree to end solitary confinement for young offenders

Jurist

New York City officials announced [press release] Tuesday that they have agreed on a plan that will eliminate the use of solitary confinement for inmates 21 or younger at Rikers Island prison [official website]. The new plan comes on the heels of Mayor Bill de Blasio banning solitary confinement for 16- and 17-year-old inmates in December. Bryanne Hamill of the New York Board of Corrections stated, "[t]he evidence showed that solitary confinement will not improve their future behavior, but will reliably convert anger and frustration today into rage and violence tomorrow." Some experts have also concluded that solitary confinement could worsen or cause mental illnesses of young inmates. Rikers Island is currently the second largest prison in the nation and has faced criticism for the reported brutality and neglect [NYT report] faced by inmates. The city of New york plans to provide more funding for improved programs to continue to address these issues.

New York City is currently in litigation in the Southern District of New York as federal prosecutors have sued [JURIST report] the city for the reported harsh conditions conditions at Rikers Island prison. The lawsuit comes after an August report [text] by the US Attorneys Office for the Southern District of New York, which found [JURIST report] a "deep-seated culture of violence" against teenage inmates at the facility. The August report was released after a multi-year investigation pursuant to the Civil Rights of Institutionalized Persons Act [text], which found that correctional officers relied on physical forms of punishment. The report advised the city to implement changes for improvement, such as increasing the use of surveillance cameras, revising the use-of-force policy and creating a policy for staff to report suspicious officer behavior.

Inspector general: Some NY police use chokehold as first response

CLG

A new inspector general blasted the New York City Police Department on Monday for failing to punish officers who used banned chokeholds on citizens, sometimes as a first response in a confrontation. The first official report by police Inspector General Philip Eure comes a month after New York was shaken first by a grand jury's decision not to indict an NYPD officer in the chokehold death of Eric Garner... It looked at 10 recent cases in which the NYPD's Civilian Complaint Review Board (CCRB), an independent agency tasked with investigating excessive force claims, concluded officers used chokeholds, which are banned by Police Department regulations.

‘CIA [white cops] killed prisoners [non-whites], made it look like suicide’ – Guantanamo guard

RT

A former Guantanamo Bay prison guard and Marine explained in details what makes him believe three problematic detainees were killed at CIA black site in Guantanomo and their death was covered up as a triple suicide.

Army Staff Sergeant Joseph Hickman was on duty at the notorious prison camp when the three men died, and insists the official version of events is “impossible,” he told Vice News.

The three men were Salah Ahmed Al-Salami, 37, from Yemen, Mani Shaman Al-Utaybi, 30, from Saudi Arabia, and Yasser Talal Al-Zahrani, 22, also from Saudi Arabia. None of them had been charged with any crime.

He explained in an incendiary interview with Vice News that the three men would have had to have committed suicide at exactly the same time in a cellblock where guards check on detainees every four minutes.

They would have had to all three tie their hands and feet together, shove rags down their throats, put a mask over their face, made a noose, hung it from the ceiling on the side of the cellblock, jumped into the noose and hung themselves simultaneously,” he said.

Hickman added that an inspection of the detainees’ cells just a few hours before they supposedly killed themselves revealed nothing that they might have used to kill themselves – such as nooses, rags, or shoelaces.

The former Marine, who first joined up in 1985 and for a while was in a unit attached to the NSA, has been trying to put the nightmare of working at Camp Delta behind him. But when he saw on TV that another inmate had hung himself, he decided to face up to what he had witnessed. He has written a book, 'Murder at Camp Delta,' which he hopes will eventually lead to the truth.

Hickman was careful not to name any of the alleged murderers by name in the book, but he still hopes it may trigger a proper investigation into what really happened that night.

“I can’t name names. I keep it vague at the end for that reason. I say it was murder, this is the reason why,” he said. [MORE]

Prison Guards from Torture Prison, Guantanamo Bay to be Hired by Worcester Police (Mass. - 30% non-white)

BlackListedNews

This week, as millions of Americans demand that Guantanamo Bay guards be prosecuted for war crimes, it seems that some of them may be getting jobs as cops instead.

It was recently reported that large numbers of military police officers who were formerly stationed at the infamous torture prisons, are now getting jobs as local cops, and could be coming to a town near you. The Worcester Police department in Massachusetts is testing a pilot program, in which former Guantanamo prison guards will be given jobs as police.

Although it is common practice for police departments to hire from the military, Worcester police sergeant Richard Cipro said that this is the first program in the country to specifically recruits from military prisons. He called the effort a “life-changing opportunity” when speaking to new recruits during a recent training class.

New recruits from Guantanamo Bay receive a full-time, paid 35 week training course which is apparently designed to help them make the transition from military police to neighborhood cop. Each class is filled with dozens of potential recruits, many of whom have worked in Guantanamo Bay. There are many hundreds and even thousands more who worked at lesser known military prison camps that are run in very much the same way, being accepted to police departments nationwide.

Cipro has said that people transitioning from the military require less physical training, which saves the department money in the long-run. However, many have pointed out that this is another example of the blurring lines between the military and the police in America.

Critics of former military personnel working in law enforcement, have argued that departments are contributing to the war-time mentality among police by hiring soldiers that are accustomed to operating in combat conditions. Hiring guards from Guantanamo Bay would be taking this a step further, as the prison has become notorious for widespread torture and abuse.

Guantanamo Bay was in the news again this week, as it was revealed that detainees were regularly killed in the prisons, and their murders covered up and made to look like suicides. By all reports it was the CIA that was involved in carrying out these murders, but it has been well documented for years that guards were required to beat and torture detainees on a regular basis. Even being exposed to such a brutal culture day in and day out should be enough to disqualify a person from working in law enforcement.

Direct insubordination and refusal to carry out acts of assault and torture is extremely rare in the US military, especially at sites like Guantanamo Bay. At Guantanamo Bay specifically, there was just one major case reported where a member of the staff refused to participate in torture. As detainees were being force-fed during a hunger strike, one Navy Nurse stood alone and refused to feed the prisoners against their will. The nurse was swiftly sent home and placed under court martial status with the US military.

Sadly, when it comes time to pick new recruits to transition from the military to a police department, the type of people who get the jobs are not the type of people who refuse orders.

A decade ago, Democracy Now spoke with a former army sergeant, Erik Saar who served as an Arabic translator at Guantanamo Bay for six months. Among the abuses he says he witnessed was sexual abuse, mock interrogations, the use of dogs and a female interrogator smearing what looked like menstrual blood on a Muslim prisoner. He also says children were imprisoned at Guantanamo and that the military ordered them not to speak to the Red Cross.

US Settles ACLU Lawsuit Challenging Post-9/11 Arrests of Muslim Men

ACLU

The American Civil Liberties Union announced a settlement in a major test case challenging the U.S. government's post-9/11 practice of imprisoning Muslim men as material witnesses without any basis for holding them. As part of the settlement, the federal government offered its regrets and agreed to compensate U.S. citizen Abdullah al-Kidd over his arrest and detention as a material witness in the wake of Sept. 11, 2001.

"I am pleased the government has finally acknowledged the trouble it put me through and has compensated me for that trouble. I hope no one else has to go through what I went through," said al-Kidd, a Kansas-born American citizen, father, and graduate of the University of Idaho where he was a star football player.

Al-Kidd was arrested by the FBI in 2003 ostensibly so he would testify as a material witness in the trial of a student who was facing visa fraud charges. He was imprisoned for 16 days, moved to three separate federal detention facilities in three different states, and was sometimes held naked and shackled hand and foot. He was never ultimately called to testify.

The ACLU sued on his behalf in a case that has spanned a decade and included one trip to the U.S. Supreme Court and two trips to the federal court of appeals. In a Jan. 15 letter to al-Kidd, federal officials wrote: "The government acknowledges that your arrest and detention as a witness was a difficult experience for you and regrets any hardship or disruption to your life that may have resulted from your arrest and detention."

The U.S. government and an individual FBI agent named as a defendant also agreed to pay al-Kidd a total of $385,000 as part of the settlement.

"The government systematically abused the material witness process after September 11," said Lee Gelernt, deputy director of the ACLU Immigrants' Rights Project. "This settlement and the court opinions detailing the government’s unlawful actions will hopefully deter future such abuses."

ACLU cooperating attorney Michael Wishnie of Yale Law School served as co-counsel, with additional counsel from the ACLU of Idaho, the Law Offices of Cynthia J. Wooley, and Roark Law Firm.

More information is at: https://www.aclu.org/immigrants-rights-national-security/abdullah-al-kidd-v-united-states-et-al

Study Shows It’s Relatively Easy to Convince People They Committed a Crime that Never Happened

Innocence Project

Researchers in Canada have proven that it is relatively easy to convince adults that they committed a crime that never happened.  The findings could have implications for police interrogation methods. 

 

The researchers identified 60 college students who had not been involved in the crimes they intended to questions them about.  The students were questioned in a lab three times for 40 minutes about a week a part.  The interviewers asked the students about two events that they had experienced as a teen.  One was real and the other was either a made up crime (assault, assault with a weapon or theft) or a false emotional event such as a personal injury, an attack by a dog or the loss of a huge sum of money.  Through communicating with the students’ caregivers, all of the false events included some real details about that time in the student’s life.  

 

 

 

The students were probed over the course of the three interviews and urged to use memory strategies to recall more details.  Of the participants who were told they committed a crime, 71% had a false memory of the crime.  A similar percentage, 76.67%, formed false memories of the emotional event.  

 

Lead researcher Julia Shaw of the University of Bedfordshire told the Association for Psychological Science, “Our findings show that false memories of committing crime with police contact can be surprisingly easy to generate and can have all the same kinds of complex details as real memories.  All participants need to generate a richly detailed false memory is three hours in a friendly interview environment where the interviewer introduces a few wrong details and uses poor memory-retrieval techniques.”     

Less Than 2% Terrorist Acts Have Been Committed By Muslims In Europe & US

Anon 

Are all terrorists Muslims? Or all Muslims are terrorists? Well, open your eyes, read, and think again. Not all Muslims are terrorists. Yes, agree but the number is not even close to what many think. The fact is in the last five years, less than 2% of all terrorist attacks in the European Union were “religiously motivated”.

A ThinkProgress analysis puts forth these surprising but real figures for the West and conservatives to ponder:

  • In 2013, there were 152 terrorist attacks in EU countries. Two of them were religiously motivated.
  • In 2012, there were 219 terrorist attacks in EU countries. Six of them were religiously motivated.
  • In 2011, none of the 174 terrorist attacks in EU countries were affiliated or inspired by terrorist organizations.
  • In 2010, there were 249 terrorist attacks in EU countries. Three of them were considered by Europol to be Islamist.
  • In 2009, of 294 terrorist attacks in EU countries, only one was related to Islamist militancy.

The Charlie Hebdo massacre incited shock, disgust and horror across the world. However, in the global outburst of solidarity and denunciation of cruelty, a fact was lost that so few of the terrorist attacks carried out in European Union countries were actually related to Islamist militancy. A majority of terrorist acts in EU, in reality, were carried out by separatist organizations.

There are some more startling facts – according to a FBI study, between 1980 and 2005 there were more Jewish acts of terrorism within the United States than Islamic (7% vs. 6%). [MORE]

Holder limits seized-asset sharing process that split billions with local, state police

WashPost

Attorney General Eric H. Holder Jr. on Friday barred local and state police from using federal law to seize cash, cars and other property without proving that a crime occurred.

Holder’s action represents the most sweeping check on police power to confiscate personal property since the seizures began three decades ago as part of the war on drugs.

Since 2008, thousands of local and state police agencies have made more than 55,000 seizures of cash and property worth $3 billion under a civil asset forfeiture program at the Justice Department called Equitable Sharing.

The program has enabled local and state police to make seizures and then have them “adopted” by federal agencies, which share in the proceeds. The program allowed police departments and drug task forces to keep up to 80 percent of the proceeds of the adopted seizures, with the rest going to federal agencies.

“With this new policy, effective immediately, the Justice Department is taking an important step to prohibit federal agency adoptions of state and local seizures, except for public safety reasons,” Holder said in a statement.

Holder’s decision allows some limited exceptions, including illegal firearms, ammunition, explosives and property associated with child pornography, a small fraction of the total. This would eliminate virtually all cash and vehicle seizures made by local and state police from the program.

While police can continue to make seizures under their own state laws, the federal program was easy to use and required most of the proceeds from the seizures to go to local and state police departments. Many states require seized proceeds to go into the general fund. [MORE]

An Orgy of Democratic Hypocrisy “Free Speech” in the Aftermath of the Attack on Charlie Hebdo

4th Media

The attack on the editorial offices of Charlie Hebdo has shocked the public, which is horrified by the violent deaths of 12 people in the center of Paris. The video images, viewed by millions, of the gunmen firing their weapons and killing an already-wounded policeman have imparted to Wednesday’s events an extraordinary actuality.

In the immediate aftermath of the shootings, the state and media are seeking to exploit the fear and the confusion of the public. Once again, the political bankruptcy and essentially reactionary character of terrorism is exposed. It serves the interests of the state, which utilizes the opportunity provided by the terrorists to whip up support for authoritarianism and militarism.

In 2003, when the Bush administration invaded Iraq, French popular opposition was so overwhelming that the government led by President Jacques Chirac was compelled to oppose the war, even in the face of massive political pressure from the United States.

Now, 12 years later, as President François Hollande is striving to transform France into the United States’ principal ally in the “war on terror,” the attack in Paris plays into his hands.

In these efforts Hollande can rely on the media, which in such circumstances directs all its energies toward the emotional manipulation and political disorientation of the public.

The capitalist media, skillfully combining the suppression of information with half-truths and outright lies, devises a narrative that is calculated to appeal not only to the basest instincts of the broad public, but also to its democratic and idealistic sentiments.

Throughout Europe and the United States, the claim is being made that the attack on the magazine Charlie Hebdo was an assault on the freedom of the press and the unalienable right of journalists in a democratic society to express themselves without loss of freedom or fear for their lives.

The killing of the Charlie Hebdo cartoonists and editors is being proclaimed an assault on the principles of free speech that are, supposedly, held so dear in Europe and the United States.

The attack on Charlie Hebdo is, thus, presented as another outrage by Muslims who cannot tolerate Western “freedoms.” From this the conclusion must be drawn that the “war on terror”—i.e., the imperialist onslaught on the Middle East, Central Asia and North and Central Africa—is an unavoidable necessity.

In the midst of this orgy of democratic hypocrisy, no reference is made to the fact that the American military, in the course of its wars in the Middle East, is responsible for the deaths of at least 15 journalists.

In the on-going narrative of “Freedom of Speech Under Attack,” there is no place for any mention of the 2003 air-to-surface missile attack on the offices of Al Jazeera in Baghdad that left three journalists dead and four wounded.

Nor is anything being written or said about the July 2007 murder of two Reuters journalists working in Baghdad, staff photographer Namir Noor-Eldeen and driver Saeed Chmagh. Both men were deliberately targeted by US Apache gunships while on assignment in East Baghdad.

The American and international public was first able to view a video of the cold-blooded murder of the two journalists as well as a group of Iraqis—taken from one of the gunships—as the result of WikiLeaks’ release of classified material that it had obtained from an American soldier, Corporal Bradley Chelsea Manning.

And how has the United States and Europe acted to protect WikiLeaks’ exercise of free speech? Julian Assange, the founder and publisher of WikiLeaks, has been subjected to relentless persecution. Leading political and media figures in the United States and Canada have denounced him as a “terrorist” and demanded his arrest, with some even calling publicly for his murder.

Assange is being pursued on fraudulent “rape” allegations concocted by American and Swedish intelligence services. He has been compelled to seek sanctuary in the Ecuadorian Embassy in London, which is under constant guard by British police who will seize Assange if he steps out of the embassy.

As for Chelsea Manning, she is presently in prison, serving out a 35-year sentence for treason. That is how the great capitalist “democracies” of North America and Europe have demonstrated their commitment to free speech and the safety of journalists!

The dishonest and hypocritical narrative spun out by the state and the media requires that Charlie Hebdo and its murdered cartoonists and journalists be upheld as martyrs to free speech and representatives of a revered democratic tradition of hard-hitting iconoclastic journalism.

In a column published Wednesday in the Financial Times, the liberal historian Simon Schama places Charlie Hebdo in a glorious tradition of journalistic irreverence that “is the lifeblood of freedom.” He recalls the great European satirists between the sixteenth and nineteenth centuries who subjected the great and powerful to their withering scorn.

Among their illustrious targets, Schama reminds us, were the brutal Duke of Alba, who in the 1500s drowned the Dutch struggle for freedom in blood; the French “Sun King,” Louis XIV; the British Prime Minister William Pitt; and the Prince of Wales.

“Satire,” writes Schama, “became the oxygen of politics, ventilating healthy howls of derision in coffee houses and taverns where caricatures circulated every day and every week.”

Schama places Charlie Hebdo in a tradition to which it does not belong. All the great satirists to whom Schama refers were representatives of a democratic Enlightenment who directed their scorn against the powerful and corrupt defenders of aristocratic privilege. In its relentlessly degrading portrayals of Muslims, Charlie Hebdo has mocked the poor and the powerless.

To speak bluntly and honestly about the sordid, cynical and degraded character of Charlie Hebdo is not to condone the killing of its personnel.

But when the slogan “I am Charlie” is adopted and heavily promoted by the media as the slogan of protest demonstrations, those who have not been overwhelmed by state and media propaganda are obligated to reply: “We oppose the violent assault on the magazine, but we are not—and have nothing in common with—‘Charlie.’”

Marxists are no strangers to the struggle to overcome the influence of religion among the masses. But they conduct this struggle with the understanding that religious faith is sustained by conditions of adversity and desperate hardship. Religion is not to be mocked, but understood and criticized as Karl Marx understood and criticized it:

“Religious distress is … the expression of real distress and also the protest against real distress. Religion is the sigh of the oppressed creature, the heart of a heartless world, just as it is the spirit of spiritless conditions. It is the opium of the people.

“To abolish religion as the illusory happiness of the people is to demand their real happiness. The demand to give up illusions about the existing affairs is the demand to give up a state of affairs that needs illusions. The criticism of religion is therefore in embryo the criticism of the vale of tears, the halo of which is religion.” [Contribution to Critique of Hegel’s Philosophy of Law, in Marx and Engels Collected Works, Volume 3 (New York, 1975), pp. 175-76]

One has only to read these words to see the intellectual and moral chasm that separates Marxism from the unhealthy milieu of the ex-left political cynicism that has found expression in Charlie Hebdo. There has been nothing enlightening, let alone edifying, in their puerile and often obscene denigration of the Muslim religion and its traditions.

The cynically provocative anti-Muslim caricatures that have appeared on so many covers of Charlie Hebdo have pandered to and facilitated the growth of right-wing chauvinist movements in France. It is absurd to claim, by way of defense of Charlie Hebdo, that its cartoons are all “in good fun” and have no political consequences.

Aside from the fact that the French government is desperate to rally support for its growing military agenda in Africa and the Middle East, France is a country where the influence of the neo-fascist National Front is growing rapidly.

In this political context, Charlie Hebdo has facilitated the growth of a form of politicized anti-Muslim sentiment that bears a disturbing resemblance to the politicized anti-Semitism that emerged as a mass movement in France in the 1890s.

In its use of crude and vulgar caricatures that purvey a sinister and stereotyped image of Muslims, Charlie Hebdo recalls the cheap racist publications that played a significant role in fostering the anti-Semitic agitation that swept France during the famous Dreyfus Affair, which erupted in 1894 after a Jewish officer was accused and falsely convicted of espionage on behalf of Germany.

In whipping up popular hatred of Jews, La Libre Parole [“Free Speech”], published by the infamous Edoard Adolfe Drumont, made highly effective use of cartoons that employed the familiar anti-Semitic devices. The caricatures served to inflame public opinion, inciting mobs against Dreyfus and his defenders, such as Emile Zola, the great novelist and author of J’Accuse.

The World Socialist Web Site, on the basis of long-standing political principles, opposes and unequivocally condemns the terrorist assault on Charlie Hebdo. But we refuse to join in the portrayal of Charlie Hebdo as a martyr to the cause of democracy and free speech, and we warn our readers to be wary of the reactionary agenda that motivates this hypocritical and dishonest campaign.

Why the Western [= White] News Blackout: Police Commissioner Involved in the Charlie Hebdo Investigation “Commits Suicide”

Police Commissioner Helric Fredou, Number Two Police Officer of the Regional Service of France’s Judicial Police (JP), Limoges, (Haute-Vienne), “committed suicide on the night of Wednesday to Thursday at the police station.” Commissioner Helric Fredou was part of the police investigation into the Charlie Hebdo terror attack.

Terror suspects Cherif and Said Kouachi who were shot dead by police on January 9, spent their high-school years in the Limoges region. No doubt this was the object of Fredou’s police investigation. Yet police and media reports state that on that same Wednesday he was involved in a meeting with the family of one of the Charlie Hebdo victims.

On Wednesday, as part of the Charlie Hebdo investigation, he dispatched a team of police officials under his jurisdiction. He is reported to have waited for the return of his team for a debriefing. Immediately following the police debriefing, he was involved in preparing his police report.

According to media reports, he committed suicide at around 1am on Thursday, within hours of the police debriefing. He used his own police weapon, a SIG-Sauer to “shoot himself in the head”.

At the time of his death, police claim to have not known the reason for his alleged suicide. This was reflected in their official statements to the media: “It is unknown at this time the reasons for his actions”.

However, a back story appears to have been inserted simultaneously, most likely from the very same police media liaisons, who then told the press that Fredou was ‘depressed and overworked’. For any law enforcement officer in France, it would seem rather odd that anyone would want to miss the biggest single terror event of the century, or history in the making, as it were. (21st Century Wire)

”An autopsy was performed at the University Hospital of Limoges, “confirming the suicide”

There has been a total news blackout.

The French media decided or was instructed not to cover the incident. Not news worthy? So much for “Je suis Charlie” and ”Freedom of Expression” in journalism.

Likewise, the Western media including all major news services (AP, AFP, Reuters, Deutsche Welle, etc) have not covered the issue.