REAL WORLD EVENT DISCUSSIONS

Stand Your Ground or Quick on the Trigger?

POSTED BY: OONJERAH
UPDATED: Monday, May 14, 2012 11:45
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VIEWED: 2140
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Monday, April 30, 2012 2:16 PM

OONJERAH



Unstable ground: The fine line between self-defense and murder =>
http://www.cnn.com/2012/04/29/us/stand-your-ground/index.html
On April 3.
Laveen, Arizona (CNN) -- Daniel Adkins knew his son would never leave Lady.
So when animal control officers showed up at the door with Daniel Jr.'s yellow
lab in tow, "I felt like he was calling out to me for help."

Something was definitely wrong.



Adkins and his wife, Antonia, had searched the neighborhood just hours earlier,
tracing their missing son's footsteps down two miles of dusty road to a cluster
of strip malls. But they didn't make it as far as the Taco Bell. If they had,
they would have come across the flashing police lights and the body of Daniel Jr.,
lying on the asphalt by the drive-thru window, with Lady by his side.



The next morning brought two police detectives bearing news that Daniel Jr., who
was 29 but had the mental capacity of a 13-year-old, had been shot and killed.
The shooter said he acted in self-defense. He has not been charged.

Adkins' death on April 3 marks the most recent chapter in America's debate over
the right to use lethal force. The controversy has ricocheted from coast to coast
ever since unarmed teenager Trayvon Martin was shot to death in Sanford, Florida,
on February 26. ...

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Monday, April 30, 2012 2:23 PM

CHRISISALL


"When in doubt, kill. Win by attrition."

Chrisisall, wearing a frilly Mal thing on his head, and ready to shoot unarmed, full-body armoured Operatives

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Monday, April 30, 2012 2:41 PM

STORYMARK


It's the wild west again. Yee-Haw!

I love the rationelle - he couldn't drive and risk hurting the dog - so he killed a unarmed man. For yelling.

I await our resident wanna-be vigilantes and their insistance that Rachel Maddow personally snuck the phantom pipe away from the scene, just to make this poor, poor gunthug look bad.

"Goram it kid, let's frak this thing and go home! Engage!"

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Monday, April 30, 2012 3:46 PM

CHRISISALL


Quote:

Originally posted by Storymark:
he killed a unarmed man. For yelling.


The 'special needs' man was a valid perceived threat, with a lead pipe & an attack dog. The car's door or window could have been destroyed, and the people inside dragged out and beaten/mauled to death. Acceptable and legal action was taken. The Law provides for defense against maniacs who should be at home sedated, not loose in our midst. Liberals would rather have been killed. Thank God God is not a Liberal.

-Just thought I'd post Hero's comment before HE did.

Chrisisall, wearing a frilly Mal thing on his head, and ready to shoot unarmed, full-body armoured Operatives

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Monday, April 30, 2012 3:46 PM

CHRISISALL


Ooops! I was too fast on the trigger!
Double post...

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Monday, April 30, 2012 4:50 PM

WISHIMAY


I really think the problem in all of these is a lack of basic communication skills. I don't understand why people just can't spend the five seconds to figure out what's going on, or even to warn "I've got a gun and I will shoot you if you do not back off."

All these incidents do is amp up the number of people that are paranoid and carrying guns and addicted to drama.

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Monday, April 30, 2012 5:19 PM

CHRISISALL


Quote:

Originally posted by Wishimay:
I don't understand why people just can't spend the five seconds to figure out what's going on

Those five seconds can get you sprayed with a hidden ouzi, Wish. Please, get real. Don't you watch action movies???

Chrisisall, wearing a frilly Mal thing on his head, and ready to shoot unarmed, full-body armoured Operatives

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Monday, April 30, 2012 6:39 PM

OONJERAH








. . . . .The worst and most frequent consequence of paranoia is that it's self-fulfilling.


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Monday, April 30, 2012 10:06 PM

OONJERAH



Update: Daniel Adkins Case - Killer Still Not Charged (Video) =>
http://news.gather.com/viewArticle.action?articleId=281474981301748

On April 3rd, Daniel Adkins, a 29-year-old unarmed Hispanic, was killed by Cordell
Jude while he was walking his dog by a Taco Bell in Arizona in "self-defence."
Adkins was almost struck while walking by the drive thru. The police report states
that "the driver slammed on the brakes, just missing Adkins. The two men exchanged
words." Daniel and Cordell had an angry exchange, which led the 22-year-old black
man to shoot Adkins, killing him. ...



. . . . .The worst and most frequent consequence of paranoia is that it's self-fulfilling.


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Tuesday, May 1, 2012 5:24 AM

STORYMARK


Wow, what's Wulfie gonna do. He'll clearly want to stand by the shooter - cuz he fantasizes about being one himself.... but the shooter is a black man with a gun - Wulfie's greatest fear. Whatever shall he do?



"Goram it kid, let's frak this thing and go home! Engage!"

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Wednesday, May 2, 2012 4:45 PM

RIONAEIRE

Beir bua agus beannacht


This makes me mad and sad, I wish people were nicer, smarter, better, not luh suh.

I assume you're my pal until you let me know otherwise.

"A completely coherant River means writers don't deliver" KatTaya.

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Thursday, May 3, 2012 12:20 AM

MAGONSDAUGHTER


Nuts. Remind me to never go to Florida.

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Thursday, May 3, 2012 4:37 AM

FREMDFIRMA


Quote:

Originally posted by Wishimay:
I really think the problem in all of these is a lack of basic communication skills. I don't understand why people just can't spend the five seconds to figure out what's going on, or even to warn "I've got a gun and I will shoot you if you do not back off."

All these incidents do is amp up the number of people that are paranoid and carrying guns and addicted to drama.


Certainly that's a major problem - seems like american society has a hefty bent towards even the IDEA of de-escalation, and most folk recieve absolutely ZERO instruction in it, it ain't part of our parenting, is conspicuously absent from our schools, and while never a great part of police training seems to have utterly disappeared from there as well in favor or deliberate escalation towards bloodshed thanks to their militarization.

Understanding WHY someone is posing a threat to you is damn important, as well - I've had attempts to rob or assault me end in job offers, friendships... or even wrecked them entire via psychological tricks or mockery (seriously, if you're going to point at gun at someone who knows guns, and haven't chambered a round or kicked the safety off, EXPECT to be laughed at!) without so much as raising my voice, much less my hand or pistol.
http://en.wikipedia.org/wiki/Loaded_chamber_indicator

Also, I really, REALLY reccommend actually making the effort to learn de-escalation.
http://www.nononsenseselfdefense.com/deescalation.htm
Quote:

Second, if you can de-escalate someone instead of having to go physical, the paperwork is kept to a minimum. When violence doesn't happen, everybody wins! Nobody dies. Nobody gets hurt. Nobody has to do extra paperwork. Nobody get charged and nobody gets sued! Life really is easier for everyone when violence doesn't happen.

It's a well known fact that I really, really hate paperwork.

In fact that's one of my very best psych tricks - the stone truth.
Come off like a blue-collar working stiff who's had a long day, a bad leg that's kind of hurting and does this really, really have to go south, cause the paperwork is gonna suck, imma be pissed and everyone in this whole community is going to be annoyed with you, so lets play nice and work something out that does NOT involve a bunch of sweat and regret ehe ?

Sadly that one doesn't work on longterm residents or the regular crowd of neighborhood yahoos cause they seem to be under the impression that I am far more dangerous than I appear to be (which I was, twenty YEARS ago...) and just happen to be lazy about it cause it's too much work.
(which isn't necessarily untrue...)

Anyhows, most people, ESPECIALLY including police, much to my ire - have no skill or experience with this, and so INSTEAD what happens is that their ego gets involved and it begins to spiral out of control as they keep upping the force continuum needlessly till bloodshed and tragedy erupts.
http://www.nononsenseselfdefense.com/get_attacked.htm

Seriously - those five things, right there, look at them, and then watch almost ANY video of a police confrontation in america and you'll see them run RIGHT DOWN THAT GODDAMN LIST - they open with insults, go right to challenge and threats, dismiss any attempt to negotiate and get all ego involved and their percieved need to totally dominate the situation prevents any kind of face saving exit, effectively shutting down any way to resolve the situation BUT violence, and they do it ON PURPOSE.
This is as much a failure of training as the personal failings of the officer, not because we train them inadequately, but that we train them WRONG, and the militarization of police forces has only made this worse, making it ever easier to just reach for force and more force.

Gaurds are not immune to this either, since they're often not properly vetted and chucked right into the deep end with minimal or even no training, and thus develop bad habits from insecurity and not knowing where the boundries are - I make a point to even our occasional "problem child" residents that I know damn well my paycheck depends on the happiness of the residents here, but if you-the-one are going to repeatedly do stuff that pisses off the many, it's cost effective for me to bust your chops - it ain't personal, a mans gotta get paid, yanno ?
(ironically this argument is amazingly effective.)

The BEST way to win a confrontation is to prevent one from ever happening, and should one occur regardless, resolve it without so much as a raised voice - it ain't that hard, IF you know HOW, but the problem is our society doesn't naturally offer those skills, and certain ego-centric morons actively mock and discourage them, so it's a larger social problem which IMHO ain't got shit to do with weapons per se, as it does peoples attitudes.

-Frem

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Thursday, May 3, 2012 5:44 AM

STORYMARK


Looks like the resident right-wingers don't want to go near this topic. Interesting.

"Goram it kid, let's frak this thing and go home! Engage!"

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Thursday, May 3, 2012 5:45 AM

STORYMARK


Quote:

Originally posted by Magonsdaughter:
Nuts. Remind me to never go to Florida.



This one's about Arizona - who just recently edged out Florida for the "Dumbest State" award.

But to play it safe, best to avoid both.

"Goram it kid, let's frak this thing and go home! Engage!"

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Thursday, May 3, 2012 12:20 PM

RIONAEIRE

Beir bua agus beannacht


I agree with Wish and Frem, there are soooooo many ways to handle situations before busting out a firearm most of the time.

:(((((((((((((

I assume you're my pal until you let me know otherwise.

"A completely coherant River means writers don't deliver" KatTaya.

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Thursday, May 3, 2012 4:32 PM

OONJERAH


Quote Storymark: "Looks like the resident right-wingers don't want to go near this topic. Interesting."

It doesn't fit the news media profile for hot story.
Is it possible that right-wingers have a similar profile for what's worth a discussion?
Or do right & left wingers simply agree on this one?

Until the shooter is charged, there's a murder hanging about: will justice answer it?



. . . . .The worst and most frequent consequence of paranoia is that it's self-fulfilling.


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Thursday, May 3, 2012 7:37 PM

MAGONSDAUGHTER


Quote:

Originally posted by Storymark:
Quote:

Originally posted by Magonsdaughter:
Nuts. Remind me to never go to Florida.



This one's about Arizona - who just recently edged out Florida for the "Dumbest State" award.

But to play it safe, best to avoid both.



neither have really ever been on my 'must visit' list, although are the Everglades in Florida? Maybe they might be worth a glimpse.

I'd like to go to New York, San Fransisco, New England, Savannah, and walk part of the Appalachian Trail. Oh yeah, Grand Canyon etc etc

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Friday, May 11, 2012 10:54 AM

OONJERAH


OK. It is difficult to impossible to find any news about the Daniel Adkins killing.
So in the meantime . . . a few stats on crime by race.

Murder by Race, by Ishton W. Morton =>

Channel 9 News continues to say, the rate of interracial murder is growing. Over
the past 30 years, black-on-white murders rose from 6% of all homicides to 8%,
white-on-black killings rose from 3 to 4%. All other racial combinations rose from
3 to 5%.

Also, it referenced Katheryn Russell-Brown a professor, from the University of
Florida Law School and author of the book "The Color of Crime” . . .

There is so much murder in the USA, the media couldn't cover it all (fairly) even
if they wanted to, which I doubt. But one of my questions is Who gets away with it
and why? Is understaffed law enforcement part of the problem?


. . . . .The worst and most frequent consequence of paranoia is that it's self-fulfilling.


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Friday, May 11, 2012 10:59 AM

STORYMARK


Quote:

Originally posted by Oonjerah:
Quote Storymark: "Looks like the resident right-wingers don't want to go near this topic. Interesting."

It doesn't fit the news media profile for hot story.
Is it possible that right-wingers have a similar profile for what's worth a discussion?
Or do right & left wingers simply agree on this one?

Until the shooter is charged, there's a murder hanging about: will justice answer it?



. . . . .The worst and most frequent consequence of paranoia is that it's self-fulfilling.




Yup, two weeks out, and none of them has the stones to respond ('cuz you know they've looked).

"Goram it kid, let's frak this thing and go home! Engage!"

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Friday, May 11, 2012 6:53 PM

CAVETROLL


I'm interested to see where Arizona is going to go with that case. Of course with no media firestorm to prod TPTB into pressing charges, it'll probably fall into the cracks.

Meanwhile, in Florida...

What a screwed up state. It's late, I'm tired and there's so much wrong with this. I can't get two thoughts to stick together right now, but damn, this lady got railroaded.

http://www.cnn.com/2012/05/11/justice/florida-stand-ground-sentencing/
index.html?hpt=hp_t1


Quote:


(CNN) -- Saying he had no discretion under state law, a judge sentenced a Jacksonville, Florida, woman to 20 years in prison Friday for firing a warning shot in an effort to scare off her abusive husband.
Marissa Alexander unsuccessfully tried to use Florida's controversial "stand your ground" law to derail the prosecution, but a jury in March convicted her of aggravated assault after just 12 minutes of deliberation.
The case, which was prosecuted by the same state attorney who is handling the Trayvon Martin case, has gained the attention of civil rights leaders who say the African-American woman was persecuted because of her race.
After the sentencing, Rep. Corrine Brown confronted State Attorney Angela Corey in the hallway, accusing her of being overzealous, according to video from CNN affiliate WJXT.
"There is no justification for 20 years," Brown told Corey during an exchange frequently interrupted by onlookers. "All the community was asking for was mercy and justice," she said.
Corey said she had offered Alexander a plea bargain that would have resulted in a three-year prison sentence, but Alexander chose to take the case to a jury trial, where a conviction would carry a mandatory sentence under a Florida law known as "10-20-life."
'Stand your ground' plea rejected
The law mandates increased penalties for some felonies, including aggravated assault, in which a gun is carried or used.
Corey said the case deserved to be prosecuted because Alexander fired in the direction of a room where two children were standing.
Alexander said she was attempting to flee her husband, Rico Gray, on August 1, 2010, when she picked up a handgun and fired a shot into a wall.
She said her husband had read cell phone text messages that she had written to her ex-husband, got angry and tried to strangle her.
She said she escaped and ran to the garage, intending to drive away. But, she said, she forgot her keys, so she picked up her gun and went back into the house. She said her husband threatened to kill her, so she fired one shot.
"I believe when he threatened to kill me, that's what he was absolutely going to do," she said. "That's what he intended to do. Had I not discharged my weapon at that point, I would not be here."
Alexander's attorneys tried to use the state law that allows people to use potentially deadly force anywhere they feel reasonably threatened with serious harm or death.
But a previous judge in the case rejected the request, saying Alexander's decision to go back into the house was not consistent with someone in fear for her safety, according to the Florida Times Union newspaper.
A jury convicted Alexander in March and Judge James Daniel denied her request for a new trial in April.
Daniel handed down the sentence Friday after an emotional sentencing hearing during which Alexander's parents, 11-year-old daughter and pastor spoke on her behalf.
Several people had to be escorted from the courtroom after breaking out singing and chanting about a perceived lack of justice in the case, but Daniel made a point to say that he had no choice under state law.
"Under the state's 10-20-life law, a conviction for aggravated assault where a firearm has been discharged carries a minimum and maximum sentence of 20 years without regarding to any extenuating or mitigating circumstances that may be present, such as those in this case," Daniel said.
Brown, the Jacksonville congresswoman, told reporters after the sentencing that the case was a product of "institutional racism."
"She was overcharged by the prosecutor. Period," Brown said. "She never should have been charged."
Brown has been more complimentary about Corey's work in the Trayvon Martin case, where her office filed second degree murder charges against neighborhood watch volunteer George Zimmerman in the February 26 death of the unarmed African-American teen-ager.
That case provoked nationwide protests demanding Zimmerman's arrest after an initial police investigation released him under the "stand your ground" law.


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Saturday, May 12, 2012 7:46 PM

OONJERAH



Family tired of waiting for decision on deadly shooting =>
http://www.kpho.com/story/18340114/family-tired-of-waiting-for-decisio
n-on-deadly-shooting


PHOENIX (CBS5) -
It's been more than a month since the deadly shooting at a Laveen Taco Bell drive-thru.
The alleged shooter claimed he fired in self-defense, igniting another case gaining
national attention over self-defense laws and deadly violence.

The victim's family said justice is being ignored, but investigators said they are still
looking into the case.

"There are a couple of things left that we have asked police to follow up on in order for
us to review the case and I think we are going to be able to do that in the next couple
of weeks," said Bill Montgomery, the Maricopa County attorney.

What investigators said they know for sure is that Daniel Adkins was walking his dog
across the drive-thru when he got into an argument with a man who was driving out
with his pregnant girlfriend. Witnesses and even the alleged shooter described Adkins
as taking an air swing at the car after yelling at the driver for almost hitting him. How-
ever, what is not known is what caused things to go from an argument to a deadly
shooting.



. . . . .The worst and most frequent consequence of paranoia is that it's self-fulfilling.


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Saturday, May 12, 2012 9:53 PM

MAGONSDAUGHTER


Quote:

Originally posted by CaveTroll:
I'm interested to see where Arizona is going to go with that case. Of course with no media firestorm to prod TPTB into pressing charges, it'll probably fall into the cracks.

Meanwhile, in Florida...

What a screwed up state. It's late, I'm tired and there's so much wrong with this. I can't get two thoughts to stick together right now, but damn, this lady got railroaded.

http://www.cnn.com/2012/05/11/justice/florida-stand-ground-sentencing/
index.html?hpt=hp_t1


Quote:


(CNN) -- Saying he had no discretion under state law, a judge sentenced a Jacksonville, Florida, woman to 20 years in prison Friday for firing a warning shot in an effort to scare off her abusive husband.
Marissa Alexander unsuccessfully tried to use Florida's controversial "stand your ground" law to derail the prosecution, but a jury in March convicted her of aggravated assault after just 12 minutes of deliberation.
The case, which was prosecuted by the same state attorney who is handling the Trayvon Martin case, has gained the attention of civil rights leaders who say the African-American woman was persecuted because of her race.
After the sentencing, Rep. Corrine Brown confronted State Attorney Angela Corey in the hallway, accusing her of being overzealous, according to video from CNN affiliate WJXT.
"There is no justification for 20 years," Brown told Corey during an exchange frequently interrupted by onlookers. "All the community was asking for was mercy and justice," she said.
Corey said she had offered Alexander a plea bargain that would have resulted in a three-year prison sentence, but Alexander chose to take the case to a jury trial, where a conviction would carry a mandatory sentence under a Florida law known as "10-20-life."
'Stand your ground' plea rejected
The law mandates increased penalties for some felonies, including aggravated assault, in which a gun is carried or used.
Corey said the case deserved to be prosecuted because Alexander fired in the direction of a room where two children were standing.
Alexander said she was attempting to flee her husband, Rico Gray, on August 1, 2010, when she picked up a handgun and fired a shot into a wall.
She said her husband had read cell phone text messages that she had written to her ex-husband, got angry and tried to strangle her.
She said she escaped and ran to the garage, intending to drive away. But, she said, she forgot her keys, so she picked up her gun and went back into the house. She said her husband threatened to kill her, so she fired one shot.
"I believe when he threatened to kill me, that's what he was absolutely going to do," she said. "That's what he intended to do. Had I not discharged my weapon at that point, I would not be here."
Alexander's attorneys tried to use the state law that allows people to use potentially deadly force anywhere they feel reasonably threatened with serious harm or death.
But a previous judge in the case rejected the request, saying Alexander's decision to go back into the house was not consistent with someone in fear for her safety, according to the Florida Times Union newspaper.
A jury convicted Alexander in March and Judge James Daniel denied her request for a new trial in April.
Daniel handed down the sentence Friday after an emotional sentencing hearing during which Alexander's parents, 11-year-old daughter and pastor spoke on her behalf.
Several people had to be escorted from the courtroom after breaking out singing and chanting about a perceived lack of justice in the case, but Daniel made a point to say that he had no choice under state law.
"Under the state's 10-20-life law, a conviction for aggravated assault where a firearm has been discharged carries a minimum and maximum sentence of 20 years without regarding to any extenuating or mitigating circumstances that may be present, such as those in this case," Daniel said.
Brown, the Jacksonville congresswoman, told reporters after the sentencing that the case was a product of "institutional racism."
"She was overcharged by the prosecutor. Period," Brown said. "She never should have been charged."
Brown has been more complimentary about Corey's work in the Trayvon Martin case, where her office filed second degree murder charges against neighborhood watch volunteer George Zimmerman in the February 26 death of the unarmed African-American teen-ager.
That case provoked nationwide protests demanding Zimmerman's arrest after an initial police investigation released him under the "stand your ground" law.




This says less about 'stand your ground than mandatory sentencing. I'm not sure about the US, but conservatives here love mandatory sentencing. Mandatory sentencing is nuts. But you gotta keep the jails overflowing with people, becuase a conservative loves a bit of tough talk about crime and puinishment.

She would not have got 20 years here if she had killed him.

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Monday, May 14, 2012 3:35 AM

CAVETROLL


My point Magons, is; How can it be legal to shoot someone, but not legal to fire a warning shot? what happened to escalation of force? Or resolving issues without resorting to deadly force. Yes, she fired in the direction of bystanders, but that, at best, is reckless endangerment.

Crazy.

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Monday, May 14, 2012 9:43 AM

OONJERAH



^= What CT said.

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Monday, May 14, 2012 11:33 AM

MAGONSDAUGHTER


Quote:

Originally posted by CaveTroll:
My point Magons, is; How can it be legal to shoot someone, but not legal to fire a warning shot? what happened to escalation of force? Or resolving issues without resorting to deadly force. Yes, she fired in the direction of bystanders, but that, at best, is reckless endangerment.

Crazy.


Agreed. It seems nuts to get 20 years for a warning shot. But the issue there is mandatory sentencing where judges have no discretion in considering circumstances when sentencing. And I have to say, sentencing times in the US just seem excessive to me. No wonder you haveone of the highest rate of population percentage in jails.

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Monday, May 14, 2012 11:45 AM

OONJERAH



Magons, we have privatized prisons. They are supposed to be kept full.
Any human rights principles we may once have had are being quickly eroded.

ETA: Prisoners are legal slave labor, BTW.




. . . . .The worst and most frequent consequence of paranoia is that it's self-fulfilling.


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