As many already know the United States and Mexican International border has been opened and closed then opened and closed again due to the migrant wave of Hondurans. Said to have left the countries of Central America including Honduras. https://www.thegatewaypundit.com/2018/11/invasion-honduran-migrant-says-20000-will-march-through-vehicle-lanes-at-border-says-applying-for-asylum-is-waste-of-time/ But this is a continuous border battle and legal battle for Trump. The halls of congress have dragged their feet to find any solution or to help the southwest of this " over a decade " problem. Trump ran on the campaign promise of building a wall yet now he is President the legal hurdles to keep that promise are proving to be a challenge. He has many on the left that are playing obstructionist games and stalling if not straight up refusing to fund the " Build the Wall " promise. Trump has threatened to shut not only the border but also the government if he doesn't receive the funding. He understands the American public wants a comprehensive border security and then also migrants request a streamlined path to citizenship.It has been absolutely clear that the migrant caravan have been notified the current approach is not going to allow them to get Asylum by pushing over the international border into the United States. Although Asylum applications will be accepted and reviewed on a case by case basis.
https://www.kcrw.com/news-culture/shows/the-mixer/on-immigration-congress-drags-its-feet-white-house-doubles-down
Yesterday there was a incident at the San Ysidro. The migrant wave intended to storm and overwhelm the border. Trump has ordered the military to the border as we all know and finally our military is being used in a very good way. Protecting the homeland. I bet those soldiers actually feel vindicated being able to serve at home.
The migrants have now stated that there is 20,000 on the way and with the mass of those coming and the migrants already present they are going to attempt to overwhelm the border port of entry. Even though this is ill advised but there are several lawyer activists that are coaching the migrants on what to say and do once upon arrival at the international border. Lawyer activists have actually been with the migrant exodus since its inception.
Some say the migrant caravan was initially started to help sway the 2018 mid terms and that the all and famous George Soro's is paying the migrants. Well we all have seen the video of migrants being paid. https://www.youtube.com/watch?v=KspFTWt7SZ0 This is a pretty damning video. Whomever is paying is unknown although this video shows the migrants receiving someones cash.
This is not likely to change or remedy itself anytime soon. With more migrants on the way and President Trump threatening to shut the entire border down is definitely historical. We will attempt to update this thread as the situation continues to massively blow up.
Monday, November 26, 2018
Sunday, November 25, 2018
Recent events with radicals violate ARS.
A recently conflict with a radical organization has led to grounds for a civil claim. But I wanted to take the time to educate those who follow. FYI and food for thought. The following is regarding Arizona specifically. In the future I may share statutes from other states. Libel and slander are commonly hard to prove especially with the age of the internet and the lines of free speech are grey. But even then certain aspects can be pursued in such a civil matter. But it is also a test of patience because ultimately it becomes a he said / she said ordeal. This is not a exhaustive study on Libel or slander. Nor are we attempting to provide legal advice.
Arizona defamation law defines a defamatory statement as one that must be “false and bring the defamed person into disrepute, contempt, or ridicule, or impeach her honesty, integrity, virtue, or reputation.” Godbehere v. Phoenix Newspapers, Inc., 162 Ariz. 335, 341 (Ariz. 1989); Turner v. Devlin, 174 Ariz. 201, 203-04 (1993).
It’s also worth noting in the realm of Arizona defamation law, that Arizona courts frequently look to the Second Restatement of Torts, viewing it as a persuasive authority. Sanchez v. Coxon, 175 Ariz. 93, 95 (1993).
For Arizona plaintiffs to win in their libel or slander actions, Arizona defamation law requires they meet the five (5) following:
Defamation Elements
For Arizona libel and slander plaintiffs to succeed in their claim, they must have:
- A false statement concerning the plaintiff;
- The statement was defamatory;
- The statement was published to a third-party;
- The requisite fault on the part of the defendant, &
- The plaintiff suffered damage as a result of the statement. Morris v. Warner, 160 Ariz. 55, 62 (Ariz. Ct. App. 1988).
Arizona Felons don't pursue Voting Rights.
In Arizona there was a report that many convicted felons who returned to the civilian populace rarely pursue gaining their Constitutional Rights. In Arizona also first time offenders who pay restitution and fines at the end of their mandatory sentences automatically receive their all their rights but the 2nd Amendment. To receive their gun rights they need to petition the sentencing judge with whom imposed the incarceration sentence. And even then depending on the nature of the crime or crimes committed will determine whether that judge will restore all rights including 2nd amendment.
This has been a controversial subject for those who live abiding by the law day in and day out. Many believe that felons should not get the opportunity to vote again as a permanent penalty for committing any crime. And it is said it rewards the felon and negates the punishment. But they don't realize that a felon , even when incarcerated still maintains civil rights. This takes us to the scholarship level and debate whether inmates incarcerated deserve those civil rights when they abused or took those fundamental rights from their victims. In some instances you would believe that those rights were fortified also. But everyone is human and my two cents is that we cannot allow our institutions become vast wastelands of human right abuses. Everyday there is already many unreported circumstances that never see the light of day.
Our Prison Complex is a mecca for drugs , violence , sexual abuse , mental abuse in the likes many those outside either deny acknowledging or utterly ignore all together. It is a world and society with its own rules to begin with. Those who have been forced to pay their debt to society and those who guard those forced to be there are all part of a underworld , a Dark World.
And from this Incarcerated world someone who returns to society literally receives a culture shock. Especially those who served long sentences for their crimes. And they feel that they have been tossed away already so reintegration to the real world is like a mute legal point. Some felons feel society didn't care or listen then and why bother attempt to be a part now. The system automatically disenfranchises them in the beginning and some felons rather leave it that way.
In Maricopa County , Arizona 70% ( American Probation and Parole Assoc ) https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=162397 of the population is not allowed to vote and on Lifetime Probation or Parole. Very staggering. And many other city populations are the same. For being a military man you would ask what does that have to do with anything? Well if you want to control the vote and get what you want politically or in the way of policy one way to achieve this is by disenfranchising a large portion of the population to ensure a " easy win ".
I'm sure this will always be a ongoing subject of discussion. And policy and the Standard Operation Procedure of the legal system here in Arizona is likely not subject to change.
This has been a controversial subject for those who live abiding by the law day in and day out. Many believe that felons should not get the opportunity to vote again as a permanent penalty for committing any crime. And it is said it rewards the felon and negates the punishment. But they don't realize that a felon , even when incarcerated still maintains civil rights. This takes us to the scholarship level and debate whether inmates incarcerated deserve those civil rights when they abused or took those fundamental rights from their victims. In some instances you would believe that those rights were fortified also. But everyone is human and my two cents is that we cannot allow our institutions become vast wastelands of human right abuses. Everyday there is already many unreported circumstances that never see the light of day.
Our Prison Complex is a mecca for drugs , violence , sexual abuse , mental abuse in the likes many those outside either deny acknowledging or utterly ignore all together. It is a world and society with its own rules to begin with. Those who have been forced to pay their debt to society and those who guard those forced to be there are all part of a underworld , a Dark World.
And from this Incarcerated world someone who returns to society literally receives a culture shock. Especially those who served long sentences for their crimes. And they feel that they have been tossed away already so reintegration to the real world is like a mute legal point. Some felons feel society didn't care or listen then and why bother attempt to be a part now. The system automatically disenfranchises them in the beginning and some felons rather leave it that way.
In Maricopa County , Arizona 70% ( American Probation and Parole Assoc ) https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=162397 of the population is not allowed to vote and on Lifetime Probation or Parole. Very staggering. And many other city populations are the same. For being a military man you would ask what does that have to do with anything? Well if you want to control the vote and get what you want politically or in the way of policy one way to achieve this is by disenfranchising a large portion of the population to ensure a " easy win ".
I'm sure this will always be a ongoing subject of discussion. And policy and the Standard Operation Procedure of the legal system here in Arizona is likely not subject to change.
Thursday, November 22, 2018
Prison Reform Bill 2018
There is a bill going through the halls of Washington D.C. to maybe pass a Prison Reform Bill that even President Trump has supported greatly. Helping Prisoners in our land that leads the world on having the biggest percentage of its population incarcerated could just be serving lip service. Its widely known that our Prison Industry is one of the leading industries in America and its cheap labor which follow closely behind. In some ways I still take a cynical point of view that how much do the politicians really care to reform a industry which brings them huge dividends.
Coined the " First Step Act " signals a step in the right direction but will only have a impact on Federal Prisoners. Which is a small percentage of the Prison Complex. There is a turning tide though because I believe this piece of legislation and the Democrats desperate need for votes the state Florida gave the " Right to Vote " back to a estimated 1 million felons , is a sign of change. May not be the most genuine change but in the least it is still change.
H.R. 5682 has already been introduced and passed the House of Representatives. President Trump is urging those of the Senate to vote in favor of the bill promising that it will get signed by him in turn making it law. The bill touts a new Risk and Assessment of inmates that are eligible for release. With the intent of reintroducing them to the civilian world and have a better success rate and not return to incarceration. It is far to common now how most prisons seem to have a revolving door. Many aspects effect a felon once released to the " wild " civilian world. It becomes a uphill struggle and will face great criticism , racism , stereotypical hate for being a felon. Specific inmates will only be considered by this legislation.
Visit https://www.congress.gov/bill/115th-congress/house-bill/5682/text#toc-H33DDD00EE0864E959D53167D5D5545D2
But within the bill thus far is included some protections for female inmates that are pregnant. And you may ask why is this even a issue? Also how many pregnant female inmates are being abused within the Federal Prison Complex. Either way it is very concerning to say the least. But the bill changes the SOP ( standard operating procedure ) for dealing with pregnant female inmates. It states when and when not they are to be shackled before and during the pregnancy , when the child is being born and after the pregnancy to assist with postpartum. So this is a good part of the legislation but its very concerning that it took up to 2018 for BOP ( Bureau of Prisons ) to be told to treat pregnant female inmates better. Another signal how America's Prison Complex is notoriously out of control.
We will be monitoring this legislation and will report any changes. Now that the 2018 midterms are over with Washington politics can either step up and do their job or have more of the same " do for themselves , ignore the voters.
Coined the " First Step Act " signals a step in the right direction but will only have a impact on Federal Prisoners. Which is a small percentage of the Prison Complex. There is a turning tide though because I believe this piece of legislation and the Democrats desperate need for votes the state Florida gave the " Right to Vote " back to a estimated 1 million felons , is a sign of change. May not be the most genuine change but in the least it is still change.
H.R. 5682 has already been introduced and passed the House of Representatives. President Trump is urging those of the Senate to vote in favor of the bill promising that it will get signed by him in turn making it law. The bill touts a new Risk and Assessment of inmates that are eligible for release. With the intent of reintroducing them to the civilian world and have a better success rate and not return to incarceration. It is far to common now how most prisons seem to have a revolving door. Many aspects effect a felon once released to the " wild " civilian world. It becomes a uphill struggle and will face great criticism , racism , stereotypical hate for being a felon. Specific inmates will only be considered by this legislation.
Visit https://www.congress.gov/bill/115th-congress/house-bill/5682/text#toc-H33DDD00EE0864E959D53167D5D5545D2
But within the bill thus far is included some protections for female inmates that are pregnant. And you may ask why is this even a issue? Also how many pregnant female inmates are being abused within the Federal Prison Complex. Either way it is very concerning to say the least. But the bill changes the SOP ( standard operating procedure ) for dealing with pregnant female inmates. It states when and when not they are to be shackled before and during the pregnancy , when the child is being born and after the pregnancy to assist with postpartum. So this is a good part of the legislation but its very concerning that it took up to 2018 for BOP ( Bureau of Prisons ) to be told to treat pregnant female inmates better. Another signal how America's Prison Complex is notoriously out of control.
We will be monitoring this legislation and will report any changes. Now that the 2018 midterms are over with Washington politics can either step up and do their job or have more of the same " do for themselves , ignore the voters.
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