#Involuntary civil commitment

[pghlesbian]

Update on My Legal Situation

I'm still waiting for the wheels of justice to turn. I did learn yesterday that I may need to hire yet another lawyer (three!) to handle a specific piece of my situation. That's vague, but so it goes with most things legal. I can't give you details without permission. It may be quite a doozy. One solidly good thing is that over 150 people have donated to this crowdfund. You believe in me, you are showing up for me. That's tangible evidence I can cling to when I'm overwhelmed and frustrated. I appreciate that so much. I don't have much family at all so feeling supported is not my baseline. And I must admit that I think a lot about all of the peope who don't have this support or investment in a basic family law attorney. What happens to them?

#blogger #blog #blogging #crowdfun #gofundme #venmo #paypal #cashapp #support #invest #fyp #attorney #PFA #Involuntary civil commitment #mental health #lgbtq #lesbians

[alwaysbewoke]

In 1865, enslaved people in Texas were notified by Union Civil War soldiers about the abolition of slavery. This was 2.5 years after the final Emancipation Proclamation which freed all enslaved Black Americans. But Slavery Continued… In 1866, a year after the amendment was ratified, Alabama, Texas, Louisiana, Arkansas, Georgia, Mississippi, Florida, Tennessee, and South Carolina began to lease out convicts for labor. This made the business of arresting black people very lucrative, thus hundreds of white men were hired by these states as police officers. Their primary responsibility being to search out and arrest black peoples who were in violation of ‘Black Codes’ Basically, black codes were a series of laws criminalizing legal activity for black people. Through the enforcement of these laws, they could be imprisoned. Once arrested, these men, women & children would be leased to plantations or they would be leased to work at coal mines, or railroad companies. The owners of these businesses would pay the state for every prisoner who worked for them; prison labor. It’s believed that after the passing of the 13th Amendment, more than 800,000 Black people were part of that system of re-enslavement through the prison system. The 13th Amendment declared that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Lawmakers used this phrase to make petty offenses crimes. When Blacks were found guilty of committing these crimes, they were imprisoned and then leased out to the same businesses that lost slaves after the passing of the 13th Amendment. The majority of White Southern farmers and business owners hated the 13th Amendment because it took away slave labor. As a way to appease them, the federal government turned a blind eye when southern states used this clause in the 13th Amendment to establish the Black Codes.

#slavery #emancipation proclamation #black americans #convict leasing #black codes #13th amendment #involuntary servitude #prison labor #re-enslavement #southern states #racial discrimination

[soberscientistlife]

In 1865, enslaved people in Texas were notified by Union Civil War soldiers about the abolition of slavery. This was 2.5 years after the final Emancipation Proclamation which freed all enslaved Black Americans.

But Slavery Continued… In 1866, a year after the amendment was ratified, Alabama, Texas, Louisiana, Arkansas, Georgia, Mississippi, Florida, Tennessee, and South Carolina began to lease out convicts for labor.

This made the business of arresting black people very lucrative, thus hundreds of white men were hired by these states as police officers.

Their primary responsibility being to search out and arrest black peoples who were in violation of ‘Black Codes’

Basically, black codes were a series of laws criminalizing legal activity for black people. Through the enforcement of these laws, they could be imprisoned.

Once arrested, these men, women & children would be leased to plantations or they would be leased to work at coal mines, or railroad companies. The owners of these businesses would pay the state for every prisoner who worked for them; prison labor.

It’s believed that after the passing of the 13th Amendment, more than 800,000 Black people were part of that system of re-enslavement through the prison system.

The 13th Amendment declared that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

Lawmakers used this phrase to make petty offenses crimes. When Blacks were found guilty of committing these crimes, they were imprisoned and then leased out to the same businesses that lost slaves after the passing of the 13th Amendment.

The majority of White Southern farmers and business owners hated the 13th Amendment because it took away slave labor. As a way to appease them, the federal government turned a blind eye when southern states used this clause in the 13th Amendment to establish the Black Codes.

This is more American History that Republicans do not want taught in school.

Republicans cannot rewrite history. They are fools if they think they can.

[lboogie1906]

The Black Codes sometimes called Black Laws, were laws governing the conduct of African Americans. The best known of them were passed on November 22, 1865, and in 1866 by Southern states, after the American Civil War, to restrict African Americans' freedom and compel them to work for low wages. Black Codes existed before the Civil War, and many Northern states had them. In 1832, "in most of the US, there is a distinction in respect to political privileges, between free white persons and free colored persons of African blood; and in no part of the country do the latter participate equally with the whites, in the exercise of civil and political rights." Black Codes were part of a larger pattern of whites trying to maintain political dominance and suppress the freedmen, newly emancipated African-American slaves. Black codes were replacements for slave codes in those states. Before the war, Northern states that had prohibited slavery also enacted Black Codes: CT, OH, IL, IN, MI, and NY enacted laws to discourage free African Americans from residing in those states. They were denied equal political rights, including the right to vote, the right to attend public schools, and the right to equal treatment under the law. Some of the Northern states repealed such laws around the same time that the Civil War ended and slavery was abolished by constitutional amendment. Colonies and states had passed laws that discriminated against free African Americans. In the South, these were generally included in "slave codes"; the goal was to reduce the influence of free African Americans because of their potential influence on slaves. Restrictions included prohibiting them from voting, bearing arms, gathering in groups for worship, and learning to read and write. A major purpose of these laws was to preserve slavery in slave societies. The term Black Codes was given by "negro leaders and the Republican organs", according to historian John S. Reynolds. The defining feature of the Black Codes was broad vagrancy law, which allowed local authorities to arrest freed people for minor infractions and commit them to involuntary labor. #africanhistory365 #africanexcellence https://www.instagram.com/p/ClQuTvcLIgB/?igshid=NGJjMDIxMWI=

#africanhistory365 #africanexcellence

[beardedmrbean]

A New Mexico judge on Friday heard Alec Baldwin's requests to have charges dropped against him for the shooting death of cinematographer Halyna Hutchins, as the actor tries to avoid an unprecedented Hollywood manslaughter trial for an on-set death.

Baldwin's lawyers had filed motions to dismiss his indictment, alleging prosecutorial misconduct, failure to show the actor committed a crime and destruction of evidence during testing of the gun Baldwin used in 2021 during a rehearsal on the New Mexico set of 'Rust.'

"We need the court to move in and check this abuse of power," Baldwin attorney Alex Spiro said during a virtual court hearing before Judge Mary Marlowe Sommer, who will preside over Baldwin's case should it reach a trial scheduled to start July 10.

Sommer was expected to rule on Baldwin's request later Friday.

Hutchins was shot with a live round after Baldwin pointed the gun at her as she set up a camera. The "30 Rock" actor maintains he did not pull the trigger, an assertion that had become central to the case.

Sommer sentenced "Rust" armorer Hannah Gutierrez to 18 months prison in April after a Santa Fe jury found her guilty of involuntary manslaughter for loading the live round into the reproduction Colt Single Action Army revolver Baldwin was rehearsing with.

Hutchins died in the first on-set fatal shooting with a live round mistaken for a dummy or blank round since Hollywood's silent era, according to historian Alan Rode.

Hollywood on-set shootings have in the past been settled through civil lawsuits, such as the last fatality in 1993 when Brandon Lee was killed when a blank round dislodged a bullet stuck in a revolver's barrel during filming of "The Crow," according to UCLA film historian Jonathan Kuntz.

#nunyas news

[lavendermoonlitskies]

Dream A Little Dream of Me fic series (Good Omens) part 3: “Could It Be Written In The Stars?”

Note: Rigil Kentaurus (Alpha Centauri A) and Toliman (Alpha Centauri B) are stars that, together, form the binary star system that is Alpha Centauri AB. To the naked eye, these two cosmic bodies appear to be a single star, and combined, they are the brightest in their entire constellation.

Alpha Centauri, before the beginning of time

Before light, there was nothing. Nothing other than God and her angels that would float about in her endless void awaiting instruction to begin the, for lack of a better term, beginning. The very start of time itself, and Crowley had been one of the many angels stationed at various spots across the entire universe, ready to breathe life into her vision.

With one simple phrase, an explosion of cosmic energy was in his presence, an endless collage of glistening stars in a diverse array of hues and brightnesses. One of which was his top priority for this corner of space, Toliman. Or, as it was known more commonly, Alpha Centauri. Though not as bright as the sun, the lone star radiated a beautiful orange glow. Dim in comparison to many of the other stars in the universe, though still breathtaking in its own way.

Regardless of its undeniable beauty, Crowley couldn’t help but question if something was missing.

“‘Bit dim, isn’t it?” He inquired as he noticed another angel take form in the space beside him.

“Excuse me?” The unidentified celestial being replied.

Its voice was unrecognizable, hardly resembling a human voice at all. They weren’t human, of course, but this multi-octave, deep yet ear-piercingly high tone was something that the humans could not handle. Thus, whenever Crowley had come across another angel on earth, they sounded just like every other human, and he had almost forgotten their somewhat frightening way of speaking until his mind brought him back to his time as an angel whenever he slept.

“Alpha Centauri, I mean, the description here makes it sound much more… I don’t know… glorious. ” Crowley said as he studied the godly scroll he had been gifted to help him bring the stars into existence.

The description had read:

Located 4.367 lightyears from where the earth shall be, Alpha Centauri will hold the brightest star of its constellation. Toliman shall shine brighter than any other star in its vicinity, and within the first 200 years of humanity and civilization, the humans shall use it to find the rest of the constellation it belongs to and name it “Centaurus.”

“Well, this is where you went wrong.” The angel stated flatly. As any angel would remind him, questioning the Almighty in any capacity was among the worst atrocities he could’ve committed in Heaven.

Crowley looked over, examining the creature beside him. It held no discernable features, wearing a white robe identical to all others at the time, and a colorless void where a face would be. The angel had no identifiable appearance, voice, or personality. Much like how he viewed the real angels up in Heaven in the present day, afraid of expressing any original thought whatsoever.

Because he’d had some amount of control over his dreams, Crowley would not allow his brain to imagine himself in the same dull, self-expressionless attire. His departure from Heaven may have been involuntary at the time, but knowing what he knew now, he would never dream of going back, even if he could. Crowley was different, and vowed never to let himself become brainwashed like the angels he once identified with. Whenever he’d come back to this place in his mind, he’d be wearing a robe of a solid black, the same as all other clothes he wore when he was awake. Clothes that he chose, and nobody could tell him not to wear.

“I know.” He muttered as he examined the differences between himself and Heaven’s view of a perfect angel: completely void of any individuality.

“But, I don’t regret it, y’know,” he continued, completely void himself, but only of any remorse regarding how he had questioned things all those years ago. “I mean, falling is the worst thing an angel could possibly go through, but, if I hadn’t, I wouldn’t be… me.”

”Maybe that’s a good thing.” The empty void hissed, its threatening voice booming all around him. Crowley rolled his eyes, unphased.

“Yeah, yeah, I know. I hate myself, I hate this cursed eternal existence, my life is filled with mistakes and inescapable dread, and blah blah blah…” he rattled off unseriously, “but I can’t help but wonder if it’s worse to live in complete ignorance of the pain and suffering that you help inflict onto undeserving human souls. At least as a demon, I’m aware of what I’m doing and can stop it every once in a while.”

The angel remained silent as Crowley trailed off, deep in thought about his role in human suffering and how he never wanted to be a part of it in the first place.

“You lot think that you’re so pure and good,” he sneered, “but the reality is that when you cause pain to someone trying so hard to live their life in your image, it hurts just as much as if a demon had done it.”

Unable to figure out why, he expected the angel to argue back. To challenge his way of thinking rather than doing what an angel would normally do whenever a demon questioned the will of God, smite him. Instead, the angel said nothing. The stars surrounding them began to flicker on and off like a lightswitch, and as Toliman’s orange hue began to fade into the deep and dark nothingness behind it, the angel faded as well. The deep rumbling of an ever-expanding outer space was replaced by the eerie silence of the real world at this hour. His room was almost as dark as space itself, his serpentine eyes only able to make out the faint outline of the minimal furniture surrounding him.

-

Read the rest here

#wip wednesday #good omens #aziraphale #crowley #good omens fanfic #good omens fanfic rec #alpha centauri #ao3 #ao3 writer #ao3fic

[arpov-blog-blog]

..."The goods these prisoners produce wind up in the supply chains of a dizzying array of products found in most American kitchens, from Frosted Flakes cereal and Ball Park hot dogs to Gold Medal flour, Coca-Cola and Riceland rice. They are on the shelves of virtually every supermarket in the country, including Kroger, Target, Aldi and Whole Foods. And some goods are exported, including to countries that have had products blocked from entering the U.S. for using forced or prison labor.

Many of the companies buying directly from prisons are violating their own policies against the use of such labor. But it’s completely legal, dating back largely to the need for labor to help rebuild the South’s shattered economy after the Civil War. Enshrined in the Constitution by the 13th Amendment, slavery and involuntary servitude are banned – except as punishment for a crime.

That clause is currently being challenged on the federal level, and efforts to remove similar language from state constitutions are expected to reach the ballot in about a dozen states this year.

Some prisoners work on the same plantation soil where slaves harvested cotton, tobacco and sugarcane more than 150 years ago, with some present-day images looking eerily similar to the past. In Louisiana, which has one of the country’s highest incarceration rates, men working on the “farm line” still stoop over crops stretching far into the distance.

Willie Ingram picked everything from cotton to okra during his 51 years in the state penitentiary, better known as Angola.

During his time in the fields, he was overseen by armed guards on horseback and recalled seeing men, working with little or no water, passing out in triple-digit heat. Some days, he said, workers would throw their tools in the air to protest, despite knowing the potential consequences.

“They’d come, maybe four in the truck, shields over their face, billy clubs, and they’d beat you right there in the field. They beat you, handcuff you and beat you again,” said Ingram, who received a life sentence after pleading guilty to a crime he said he didn’t commit. He was told he would serve 10 ½ years and avoid a possible death penalty, but it wasn’t until 2021 that a sympathetic judge finally released him. He was 73.

The number of people behind bars in the United States started to soar in the 1970s just as Ingram entered the system, disproportionately hitting people of color. Now, with about 2 million people locked up, U.S. prison labor from all sectors has morphed into a multibillion-dollar empire, extending far beyond the classic images of prisoners stamping license plates, working on road crews or battling wildfires.

Though almost every state has some kind of farming program, agriculture represents only a small fraction of the overall prison workforce. Still, an analysis of data amassed by the AP from correctional facilities nationwide traced nearly $200 million worth of sales of farmed goods and livestock to businesses over the past six years – a conservative figure that does not include tens of millions more in sales to state and government entities. Much of the data provided was incomplete, though it was clear that the biggest revenues came from sprawling operations in the South and leasing out prisoners to companies.

Corrections officials and other proponents note that not all work is forced and that prison jobs save taxpayers money. For example, in some cases, the food produced is served in prison kitchens or donated to those in need outside. They also say workers are learning skills that can be used when they’re released and given a sense of purpose, which could help ward off repeat offenses. In some places, it allows prisoners to also shave time off their sentences. And the jobs provide a way to repay a debt to society, they say.

While most critics don’t believe all jobs should be eliminated, they say incarcerated people should be paid fairly, treated humanely and that all work should be voluntary. Some note that even when people get specialized training, like firefighting, their criminal records can make it almost impossible to get hired on the outside.

“They are largely uncompensated, they are being forced to work, and it’s unsafe. They also aren’t learning skills that will help them when they are released,” said law professor Andrea Armstrong, an expert on prison labor at Loyola University New Orleans. “It raises the question of why we are still forcing people to work in the fields.”

[trans-axolotl]

worst part of being out of the hospital is knowing that there are people still in there. going to send a care package to my old unit soon and just. every time i read the laws for civil commitment in whatever city and state I'm moving to, i just get so fucking mad when I read about the process for institutionalizing people for years. Years. i consider myself incredibly lucky that the longest I've ever been institutionalized was 4 months and also that my 4 month experience was "voluntary." and that my involuntary hospitalizations have been short. just. a lot of emotions today about being out here while people I love are still locked up.

#personal #vent #psych ward tw

[secretceremonials]

i analysed the cassandra myth from a modern english and welsh legal perspective because i’m drunk, bored, and procrastinating (maybe this will be a good revision exercise? 

Apollo v Cassandra: Breach of contract

i want to preface this by saying that i don’t fully study contract until next year, so i’m not going into detail here. apollo and cassandra do enter a verbal contract to provide the gift of prophecy for the service of sex (if we go with that version, which is my go to), so cassandra may well be liable for her breach. i would argue that this contract had unfair terms however, making it void to the extent of those terms. again, i don’t know enough about this to say for sure. 

Cassandra v Apollo: maliciously administering poison 

i don’t see any reason why apollo’s saliva that causes casssandra not to be believed can’t be interpreted as poison (we have case law of HIV infected semen being treated in this way). following this logic, his spitting can be viewed as maliciously administering poison, contrary to either section 23 or 24 of the offences against the person act 1861. for a section 23 offence, the defendant must intend to cause grievous bodily harm or endanger life. i’m not really sure that applies here, although cassandra’s mental state is possibly bad enough to constitute grievous bodily harm, it may be difficult to prove that apollo intended to cause this. section 24 would therefore be easier. this section simply requires intention to injure, aggrieve, or annoy. intention to punish would absolutely fall under here, i think. 

failing that, spitting on people without consent is a battery, so we definitely have a civil route if not a criminal one. it is worth noting that it absolutely is possible to pursue an action on the basis of the intentional infliction of emotional distress. injury does not have to be physical.

Cassandra v Ajax: rape or battery, depending on your favoured myth

In some versions of the myth, Ajax rapes Cassandra in the temple of athena as the city falls. in others, he drags her away in a massive breach of sanctuary laws. which version you prefer will alter what wrong has been committed.

If she is raped, it is... rape. crazy, i know. the statutory definition of rape is the penile penetration of another without consent or without a reasonable belief in their consent (sexual offences act 2003, section 1), which is what occurs here. they have sex, cassandra absolutely does not consent. easy.

if she isn’t raped, there is still a wrong, albeit probably a tort rather than a crime. the tort of battery is committed when an individual intentionally (or recklessly) touches another without consent. obviously this happens here. assault is likely as well. this occurs when the defendant does something to make the victim think they are about to directly and involuntary apply force on their body. this probably happens, but we don’t have enough detail to know for sure. we can maybe convict him of a crime instead, but this depends on what injuries cassandra acquires. i think it is likely enough that she would suffer actual bodily harm (a bruise or worse- we know the attack was violent), but grievous bodily harm is unlikely. If she suffers actual bodily harm, this is common assault, contrary to s47 of the offences against the person act 1861. 

Cassandra v Agamemnon: unlawful imprisonment

because slavery is illegal and i am completely ignoring historical context here, agamemnon most likely unlawfully imprisons cassandra. false imprisonment is confining an individual to a restricted area without their consent and without lawful justification. the only issue with proving this would be that i’m not sure if cassandra is really confined to a limited space? but presumably she has to stay around agamemnon? i think it counts.

Cassandra v Agamemnon: rape

it goes without saying that, in modern law, slavery is illegal. so, for the sake of simplicity, i’m going to continue arguing that cassandra’s enslavement is akin to unlawful imprisonment. obviously, keeping someone as a concubine without consent is very illegal, but we’ll ignore that for now. 

bearing that in mind, it is probable (but not certain) that Agamemnon rapes cassandra. As we have already seen, the definition of rape in the sexual offences act 2003 is the penile penetration of another without their consent, or without a reasonable belief in consent. as cassandra does, in some versions, have children, I am going to assume that her and agamemnon have sex. so now the question is consent. 

In section 75 of the sexual offences act, evidential presumptions about non-consent pop up in some cases. the effect of these presumptions is that non-consent is assumed, unless the defendant can provide some evidence that is “More than merely fanciful and speculative” that the alleged victim did in fact consent. one case where this occurs is when the alleged victim was wrongfully imprisoned by the defendant at the time of the incident. this means that agamemnon would have to provide some evidence of cassandra’s consent before a full trial would occur. this isn’t a particularly high bar, but it is something. 

we don’t know enough about cassandra’s state of mind to know whether she consented (she did consent to the marriage in Euripides’ trojan women, and until 1992, marriage was taken as an express form of consent- not super relevant, but interesting anyway), and honestly, given the context, agamemnon may have had a reasonable (in his culture) belief in her consent. obviously now we would not assume that a woman would consent to a man who took her from her home and family, but bear in mind that this is the bronze age. i’m also not sure if we should apply the reasonableness standard of a reasonable man today or a reasonable one then? recklessness is also subjectively measured now anyway, so he may not even have been reckless as to her non-consent.

Cassandra v Clytemnestra: murder

okay, this one is probably the easiest. In (basically) every version of the myth, Clytemnestra kills Cassandra. murder is the killing of another with the intent to cause death or grievous bodily harm. Clytemnestra intends to kill Cassandra. She does so. It’s murder, she will really struggle to access a defence here. There is no self-defence or necessity present. There may be some grounds for a partial defence of provocation as she is faced with her sexual rival, but I honestly doubt there is enough of this to warrant a manslaughter verdict. 

Conclusion

Cassandra deserves a break. i hope you enjoyed my silly little law exercise :)

#this is really stupid #and i think it says a lot about me that this is what i ended up doing when i was three parts gone #law school #law student #cassandra of troy #cassandra #greek mythology

[dontmeantobepoliticalbut]

A New York City directive allowing first responders to enforce a state law that allows them to potentially involuntarily commit people experiencing a mental health crisis can proceed after facing legal challenges by mental health advocates, a judge has ruled.

The ruling, issued Monday by U.S. District Judge Paul Crotty in the Southern District of New York, denied a motion brought by individuals and mental health organizations in December. The legal challenge asked a judge to issue a temporary restraining order and preliminary injunction against the city’s implementation of the policy.

The motion was filed on December 8 as part of an existing lawsuit that alleges New York City has consistently failed to provide safe and appropriate care to New Yorkers experiencing mental health crises. The plaintiffs argued the city’s plan is unconstitutional and violates an individual’s “freedom to live without unlawful seizures and excessive force by law enforcement.”

New York City Mayor Eric Adams first announced the directive in November as part of an attempt to address concerns about homelessness and crime.

Adams said it was a myth that first responders can only involuntarily commit those who displayed an “overt act” showing they may be suicidal, violent or a danger to others, CNN previously reported. Instead, he said the law allowed first responders to involuntarily commit those who cannot meet their own “basic human needs” – a lower bar.

New York Lawyers for Public Interest, a non-profit civil rights law firm, said in a statement to CNN it was disappointed by the court’s ruling.

“The rights of New Yorkers with mental disabilities, particularly those who are unhoused, remain imperiled by the city’s new involuntary removal policy. Our litigation challenging the city’s use of New York Police Department officers as first responders when someone is experiencing a mental health crisis continues,” reads the statement from the firm, which was one of the plaintiffs in the December lawsuit.

Nicholas Paolucci, the director of public affairs at the New York City Law Department, said in a statement to CNN that the defendants are “pleased the court agreed plaintiffs have no legal standing to halt the Mayor’s sound and compassionate plan.”

NEW YORK CITY’S PLAN DRAWS CRITICISM

As part of the city’s plan, New York Police Department officers and first responders will get additional training to help them make such evaluations and a team of mental health technicians will be available, either via a hotline or video chat, to help them determine whether a person needs to be taken to a hospital for further evaluation, CNN previously reported.

The city also plans to develop specialized intervention teams to work side by side with NYPD officers.

Adams said first responders weren’t consistently enforcing the law because they were unsure of its scope, reserving it only for cases that appeared the most serious.

New York state enacted a law in 2021 to allow first responders to involuntarily commit a person with mental illness who needs immediate care. The directive led to a mixed response from officials, who acknowledged the challenges of properly and humanely treating mentally ill people.

“This is a longstanding and very complex issue,” NYPD Commissioner Keechant Sewell said in a statement. “We will continue to work closely with our many partners to ensure that everyone has access to the services they require. This deserves the full support and attention of our collective efforts.”

Mental health advocates argued in their legal challenge that the city’s policy will authorize officers with “little to no expertise in dealing with individuals with mental disabilities…to determine whether an individual should be forcefully – often violently – detained against their will.”

“If the Involuntary Removal Policy is permitted to continue to be implemented, Plaintiffs and countless other New Yorkers will suffer irreparable harm, including a substantially increased likelihood that they will be subjected to unlawful detention and involuntary hospitalization just for exhibiting behavior perceived by a police officer to be unusual – whether the individual has a mental disability or not,” the advocates’ December motion stated.

#us politics #news #cnn #cnn politics #new york #new york city #new york police department #involuntary holds #involuntary hospitalization #mental health services #Judge Paul Crotty #sdny #Mayor Eric Adams #New York Lawyers for Public Interest #Nicholas Paolucci #New York City Law Department #first responders #Keechant Sewell #Involuntary Removal Policy #unlawful detention #2023

[mariacallous]

SACRAMENTO, Calif. (AP) — A proposal aimed at removing the last remnant of slavery from California law failed to pass the state Senate on Thursday after Gov. Gavin Newsom’s administration warned it could cost taxpayers billions of dollars by forcing the state to pay prisoners a $15-per-hour minimum wage.

The U.S. Constitution bans slavery but says it’s OK for the government to force people to work — known as “involuntary servitude” — as punishment for a crime. Many state constitutions say the same thing, including California’s.

Some state lawmakers wanted to change California’s Constitution to ban all forms of involuntary servitude. They wrote an amendment and planned to put it on the ballot this fall for voters to approve. But Thursday, the California Senate rejected the amendment over concerns of how it would impact the state prison system, which requires inmates to work and often pays them less than $1 per hour.

Lawmakers could try again next week. But if the amendment doesn’t pass by June 30, it won’t be on the ballot this year.

“The CA State Senate just reaffirmed its commitment to keeping slavery and involuntary servitude in the state’s constitution. Way to go, Confederates,” tweeted Democratic state Sen. Sydney Kamlager, who supported the amendment and said she will bring it up for another vote next week.

The Newsom administration has warned that the amendment could require the state to pay inmates a minimum wage, which in California is $15 per hour. That would cost taxpayers about $1.5 billion per year, according to Aaron Edwards, an analyst with the California Department of Finance.

In 2018, Colorado was the first state to ban involuntary servitude as punishment for a crime. Since then, inmates have filed lawsuits seeking to be paid a minimum wage and alleging they were pressured into working despite health concerns. It’s unclear if those lawsuit have been resolved.

An American Civil Liberties Union report this month called for “far-reaching reforms to ensure prison labor is truly voluntary and that incarcerated workers are paid fairly, properly trained, and able to gain transferable skills.” Two-thirds of state and federal prisoners nationwide are required to work, the report said, most without adequate protections against labor exploitation.

Local governments could also be impacted. If the courts interpret the constitutional change to bar community service in lieu of incarceration, those individuals might go to jail instead, at a much higher cost, Edwards said.

Democratic state Sen. Steve Glazer said slavery “was an evil that will forever be a stain on the history of our great nation.” But he said the proposed amendment was not about slavery, but whether California “should require felons in state prison to work.”

“Banning the work requirement in our prisons would undermine our rehabilitation programs,” Glazer said. “Inmates will sue claiming their wages are too low, their hours are too high or that it is unconstitutional to link goodtime credit and early release to their willingness to work.”

Glazer said the state should change the amendment to make it clear that involuntary servitude does not include any rehabilitative activity required of people in prison. But it appeared Kamlager would not support that.

“I don’t want to negotiate what involuntary servitude means,” she said, adding: “I believe even if we are incarcerated, we still should have dignity.”

For decades, California used that involuntary servitude exception to make money from its prison population by leasing inmates — mostly Black men — to private companies for work.

That “convict lease” system doesn’t exist anymore. But California prison inmates are required to either work or participate in education or rehabilitative programs. Inmate jobs — which include things like clerks, painters and carpenters — pay salaries as low of 8 cents per hour.

Samual Brown spent 24 years in prison on an attempted murder conviction. He was released in December. While in prison, he said he worked a number of jobs, including porter, dishwasher and hospital janitor — the latter of which paid 75 cents per hour.

He said 55% of his salary went to pay for administrative costs, restitution and court fees. When he was released from prison, despite working for decades, he said he barely made a dent in his court-ordered restitution.

“This is really nothing more than slavery just reconditioned and remixed,” he said. “They had an opportunity to stand on the right side of history ... and they took the coward’s way out.”

The bill failed in a 21-6 vote with 13 "no votes of record" as in 20 yes, 6 no, and 13 "no votes of record".

[morlock-holmes]

I find myself really genuinely baffled by the conviction by so many politicians that deinstitutionalization is at fault for the major increases in homelessness and unshelted people we've been seeing.

Just because deinstitutionalization has been an ongoing process since the mid century, and the homeless crises facing many cities are... Uh... Not that.

The obvious mechanism by which deinstitutionalization of any sort would increase the presence of anti-social behavior in the streets is that people with extremely disruptive mental illnesses refuse to accept voluntary treatment, and spiral.

If that were the case, you'd expect to see effects almost immediately from deinstitutionalization: while it's certainly possible that, say, a schizophrenic might accept voluntary help for two or three decades and then suddenly stop and decide to go yell obscenities at people on the street, I find it really, really hard to believe this is the standard case for most people.

If involuntary detention is the only thing keeping someone from hassling folks on the street, then you'd expect them to start doing it fairly soon after that avenue is removed.

If someone can go for years or decades without lapsing into a state that requires involuntary commitment, then surely we'd also want to look at what kinds of situations cause those lapses, to head them off before they are started.

Incidentally, the quality of data on civil commitment in the US is dismal. The most basic kinds of questions, such as "How many people are involuntarily committed in the US in a given year?" seem to be untracked, which furthers my slepticism.

[ausetkmt]

Most history books will tell you that slavery was abolished in 1865 when Abraham Lincoln and other leaders of the anti-slavery Republican Party formed the 13th Amendment stating that “neither slavery nor involuntary servitude… shall exist within the United States of America, or any place subject to their jurisdiction.” This was certainly a step in the right direction, however, it only led to a more creative way for oppressive regimes to use slavery in the States, which quite unbelievably is still going on to this day.

The American prison system is a huge business and allows many companies to use the labour (which is comprised mainly of black males) to increase their bottom line. Prison as a business is one of the largest and fastest-growing industries in the United States. As taken from- Prison Privatization: The Many Facets of a Controversial Industry:

Now prison labor based in private prisons is a multimillion-dollar industry with its own trade exhibitions, conventions, websites, and mail-order/Internet catalogs (Pelaez 2008). . . . The industry also has direct advertising campaigns, architecture companies, construction companies, investment houses on Wall Street, plumbing supply companies, food supply companies, armed security, and padded cell manufacturing, all of which rival those of any other private industry (Pelaez 2008). Furthermore, private prisoners at the state level produce a variety of goods and services, from clothing to toys to telemarketing and customer service (Erlich 2005). The private federal prison industry also produces nearly all military goods, from uniform helmet to ammunition, along with durable goods ranging from paint to office furniture (Pelaez 2008). (source)

If we look into the roots of the US prison system it become clear that it was born to continue the systematic use of slavery for profit under the guise of reform:

Prison labor has its roots in slavery. After the 1861-1865 Civil War, a system of “hiring out prisoners” was introduced in order to continue the slavery tradition. Freed slaves were charged with not carrying out their sharecropping commitments (cultivating someone else’s land in exchange for part of the harvest) or petty thievery – which were almost never proven – and were then “hired out” for cotton picking, working in mines and building railroads. From 1870 until 1910 in the state of Georgia, 88% of hired-out convicts were Black. In Alabama, 93% of “hired-out” miners were Black. In Mississippi, a huge prison farm similar to the old slave plantations replaced the system of hiring out convicts. The notorious Parchman plantation existed until 1972.(source)

This may seem like something that sits in the dark past of American history, however, this is far from the truth. Today there are still many well known corporations using modern day slavery to profit. This list of 7 companies that are profiting from modern day slavery in America was compiled by Arjun Walia from Collective Evolution:

Whole Foods

The state allows inmates to work for the profit of a private corporation, and Whole Foods is one of many companies that takes advantage, buying fish and cheese produced by prison inmates and paying them a rate of .74 cents a day. They then increase the price of the product astronomically – tilapia raised by inmates, for example, sells for $11.99 a pound at Whole Foods — and enjoy all the profits. (source)

McDonalds

It’s no secret that McDonalds is suffering right now; in a world where people are steadily waking up and moving towards a healthier lifestyle, there is no place for such heavily processed and unethical ‘food.’ Yet despite being the world’s most successful fast-food chain, they still source many of their goods from prisons, including their containers, uniforms, and cutlery. The inmates who sew the uniforms hardly make anything. (source)

Wal-Mart

Although their company policy expressly outlines that forced labor, as well as prison labour, is unacceptable, a large portion of products sold in their stores have been supplied by third-party prison labor factories. Wal-Mart purchases its products from prison farms, where workers are put through several hours of intense labor, in difficult conditions, without sunscreen, water, or food —not to mention, basically working for free. (source)

Victoria’s Secret

Undergarments and casual wear are sewn by female inmates for Victoria’s Secret. In fact, in the late 1990s 2 prisoners were placed in solitary confinement for telling journalists that they were hired to replace “Made in Honduras” garment tags with “Made in U.S.A” tags. (source)

BP

This is a surprising one. When BP spilled several million barrels of oil into the Ocean (Gulf Coast), the company sent a workforce of prison inmates — almost all of them African-American — to handle cleanup, despite there being scores of displaced coastal residents desperate for work. The move sparked considerable outrage, particularly since BP not only saved money by hiring inmates over locals, but also through the significant tax breaks they received as a result. (source)

AT&T

In 1993 the company laid off thousands of telephone operators, who were all union members, in order to increase their profits. Despite being vocally against prison labour, they went on to hire inmates to work in their call centres, paying them a mere $2 per day. (source)

Aramark

This is a company that provides food to hospitals, schools, and colleges. They also have a monopoly on food served in approximately 600 prisons. They have a history of poor food service, a problem which led to a prison riot in Kentucky in 2009. (source)

Conclusion

There are many other shocking facts about the prison system such as:

Corporate stockholders of companies which are profiting from prison labor are lobbying for increased prison sentences.

America is home to 4% of the global population, yet houses approximately 25% of its prison population.

America has the highest global incarceration rate, which is growing every year.

Almost 50% of American juveniles will be arrested before their 23rd birthday.

Each U.S. resident is paying roughly $260 per year on the prison system

This means that all this slave labour that big corporations are profiting from is paid for by the taxpayers of the United States. Thanks to Collective Evolution for putting this article together, where I sourced most of the information. Much love, Luke

#7 Companies That Are Profiting From Modern Day Slavery In America #slavery in america #slavery economics

[theshedding]

Junteenth huh?

There is no good "God" that ever has nor ever will "free" anyone from slavery. In particular, everywhere that slavery has been performed around the globe over the last 600 years, its termination has been due to MAN and her/his works and sacrifice(s) to terminate it. Furthermore in each case, (other) men have opposed that freedom at every turn and proposed new and found ever clever ways to reinstate the institution using the same people...and/or people ethnically adjacent to those groups (e.g. England, France, U.S., Spain, etc.). 

So no, "God" is not interested in anyone's abolition; and any credit to God (Euro-centric or* Afro-centric) is definitionally a false attribution" to ending slavery.

____________ 

Here in the US: 

On 6/19 in 1865, the Black enslaved in the state of Texas were notified by Union Civil War soldiers about the abolition of slavery. This was 2.5 years after the final Emancipation Proclamation which freed all enslaved Black Americans. #Juneteenth   

But Slavery continued...and in 1866, a year after the amendment was ratified, Alabama, Texas, Louisiana, Arkansas, Georgia, Mississippi, Florida, Tennessee, and South Carolina began to lease out convicts for labor. This made the business of arresting black people very lucrative, thus hundreds of white men were hired by these states as police officers. 

Their primary responsibility being to search out and arrest black peoples who were in violation of ‘Black Codes’. Once arrested, these men, women & children would be leased to plantations or they would be leased to work at coal mines, or railroad companies. The owners of these businesses would pay the state for every prisoner who worked for them; prison labor. 

It’s believed that after the passing of the 13th Amendment, more than 800,000 Black people were part of that system of re-enslavement through the prison system. The Amendment declared that "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." (Ratified in 1865) 

It says, “neither slavery nor involuntary servitude could occur except as a punishment for a crime".⁉️⁉️ Lawmakers used this phrase to make petty offenses crimes. When Blacks were found guilty of committing these crimes, they were imprisoned and then leased out...to the same businesses that lost slaves after the passing of the 13th Amendment. This system of convict labor is called peonage. 

The majority of White Southern farmers and business owners hated the 13th Amendment because it took away slave labor. As a way to appease them, the federal government turned a blind eye when southern states used this clause in the 13th Amendment to establish the Black Codes. 

@AfricanArchives

________________

Give praise where praise is due. This Juneteenth we recognize the actual sacrifice of human beings to fight a system of slave labor, dehumanization and financial exploitation throughout US history until present-day. Not someone's skewed perception of a "Good God" or "spirit"...lest we forget all lessons learned. 

 Happy Juneteenth.

#Black History #Junteenth #Black Secular #Humanist #Black Freethought #Non Religious #Black Atheist #Black Atheism #Slavery #Chattel Slavery #Atlantic Slave Trade #Theology #Redemptive Suffering #Southern #13 #13th Amendment #Slave Labor #Religion #Bible Stories #False Gospel #Pan African #Black Podcaster #Black Podcast #God #Black Society #Culture #African-American #Apostate #Juneteenth

[prnanxiety]

11/2/23

Another fun ethical situation on the acute care unit today! I'm actually posting this the morning after that shift, just too tired to write a post last night.

So, on the acute unit right now there's a guy who's pretty delusional. He's lucid, he's AOx4, but he frequently makes comments about having done things like having psychically communicated with various famous billionaires. He talks about things like having psychically communicated with Elon Musk for several hours, years ago. Says he convinced Elon Musk to invest in Final Fantasy 14 and influence it by the patients directions, and that Elon did, but then took his own name off the credits. Except not those games and not that guy, I'm just making a comparison for privacy's sake.

Now, he's been involuntarily committed to our unit. Not for that reason; there was something outside the hospital that got violent, or almost violent, enough that the family wrote an affidavit. He, like any other patient, does not like that he's been uprooted from his life and committed to our unit. But, unlike other patients, this man has a history of working in the legal system. He's not a lawyer, but he was previously some kind of clerk, or paralegal.

This means he knows way more about the legal system than I do, and to his credit, he consistently proved this to be true throughout the day. He asked me a few times if his trial for his involuntary commitment would be a circuit court, or a state court case. I genuinely didn't know, and I told him I thought it would be circuit. He said something about how that didn't make any sense. Later, he came back and told me he made some phone calls and found out it's civil court. From that designation alone, he was able to determine the nature of the case was whether or not the doctor had the legal right to give this man medications against his will. Which, I mean, yeah, that's basically it. The fact that he was able to put that together immediately from the term "civil court," yet hadn't deduced that that was the nature of his involuntary commitment to a psychiatric hospital, despite being utterly lucid and not his first time being admitted to a psych unit, astounds me.

His determination to defend his basic human rights has made him truly, truly fastidious. He's been calling his public defender to discuss the case and his options, which is absolutely appropriate and well within his rights. But he also wanted to do things like talk face to face with a priest, so he could get started on meeting an arch-diocese and discussing one thing or another about himself and his commitment, god only knows what. He's been trying to do things like call crime-stoppers for his commitment to the unit, as well as for what was going on outside the hospital before he was committed.

Calling the police on staff from the unit is really common for patients to do, because they're convinced they're being held illegally by the doctors and nurses and they need to be rescued. But this particular guy is so good at questioning and understanding his rights, he absolutely challenged me all day yesterday to understand whether or not I was violating his patients rights in any given situation. I found myself double checking his paperwork and realized I'd been making a mistake in how I'd been labeling every single involuntary paperwork document I'd ever completed and taught other nurses to complete. I was so nervous about it I had to call our social worker and ask her if she'd ever caught my mistake. She reassured me it was actually so minor a thing that it never made a difference in any patient's case. Even so. This guy was committed, in more than one way.

When I told him to call his appointed public defender with concerns about his upcoming trial, instead of reporting it to crime-stoppers. In fact, I'm still not sure if I was or if I wasn't. I think he's supposed to report that to the public defender, since it's relevant to his upcoming trial, but I'm not sure. It resulted in me approaching my supervisor because the patient was looking for the customer service number for the hospital, in the interest of filing a grievance. Whether it was a grievance about being committed or a grievance about something that can't be possible, everybody on that unit knew it was going to be bullshit. The problem was, if he files something, we also know the hospital is obligated to investigate. Which means it goes above my manager's head, and then goes to my manager, who also has to investigate, which involves investigating us, about what the hell we're doing. It's going to be a lot less like "why did you involuntarily commit this innocent man," and a lot more like "why did you rope me into this when I'm so busy?!"

But the thing is, I found myself very much in the "We should let him file it" camp. One thing I've come to understand about my job is, people who don't work in this field and don't know anything about psych patients tend to think we're all nurse ratchet. That bias about my job also extends to people in hospital administration, who don't understand anything about what we do. If they did, I wouldn't be showing up at union meetings trying to convince them that yes, we do need security guards on our unit.

The perception that we're just cruelly grinding innocent souls into shells of their former selves because they dare not to conform to our shallow standards of public decency, or something, is absolutely pervasive about us. So if someone hears that a patient has grievances about their stay on our unit, and the nurses aren't allowing him access to the phone so he can file that grievance, what are they going to think? What information are the nurses and doctors so afraid of getting out about them?

If the guy files a bullshit grievance, he files a bullshit grievance. For all my anger about administration, they've seen these before and know how to handle them. I think I can more easily convince my manager that we're keeping the guy feeling respected, like his concerns are being heard and addressed, than I can convince the general public that I'm silencing involuntarily committed psych patients for their own good. I actually couldn't even convince myself of that, if I did that. Investigate me! Except for clerical errors, I'm not doing anything wrong!

This same reasoning is what makes me support him requesting a jury of his peers for his trial. That's yet another patient right he has, clearly listed on his "involuntary rights" paperwork, that he has a right to a trial with a jury of his peers, if requested. He's also voiced numerous times his intent to prove to his peers that he has telepathic powers during this trial. I want to see if my boss will let me sit in on that trial, actually. I'll totally come in on a day off for that one. I love my job.

#dear diary #diary entry #nursing #psych #psychiatry #psychosis #nurse #schizophrenia #trial #jury #psychic #telepathy #final fantasy 14 #ff14

[thxnews]

North America's Fight: Ambassador Dyer's Mission

  A Crucial Visit to Mexico

Ambassador-at-Large to Monitor and Combat Trafficking in Persons, Cindy Dyer, is on a significant mission in Mexico from October 9 to October 12. During her visit, she will engage with Mexican government officials and civil society stakeholders to exchange knowledge on key topics, such as victim identification, data collection and reporting, as well as investigation and prosecution efforts. She will also discuss the recommendations outlined in the 2023 Trafficking in Persons Report.   A Trilateral Collaboration On October 12, Ambassador Dyer is set to participate in the sixth meeting of the Trilateral Working Group on Trafficking in Persons. This initiative, hosted by the Government of Mexico, was established following commitments made by the United States, Mexico, and Canada at the 2014 North American Leaders' Summit. The focus is on sharing information and best practices and enhancing cooperation. In 2021, the three countries decided to restart the Working Group to combat labor and sex trafficking more effectively in the region.  

Understanding the Gravity of Trafficking in Persons

Trafficking in Persons (TIP) is a heinous global crime that involves the exploitation of individuals through forced labor, forced sexual exploitation, or commercial sexual exploitation. Victims of TIP are often deceived or coerced into traveling to foreign countries, where they are subjected to involuntary labor. TIP affects people of all ages, genders, and nationalities, with a disproportionate impact on women and children.   The Global Implications TIP represents not only a severe human rights violation but also a grave global security threat. It erodes the rule of law, nurtures corruption, and destabilizes communities. Moreover, TIP imposes a staggering economic burden on the world, costing billions of dollars annually.  

Cindy Dyer's Appointment and Mandate

Cindy Dyer took office as the United States Ambassador-at-Large to Monitor and Combat Trafficking in Persons in January 2023. In this pivotal role, she leads the Department of State's Office to Monitor and Combat Trafficking in Persons (J/TIP) and coordinates the U.S. government's worldwide efforts to combat TIP. With a three-decade career as a human rights advocate and lawyer, Dyer has experience at local, national, and international levels, particularly in addressing human trafficking, sexual assault, and domestic violence. Her previous role included serving as the director of the Office on Violence Against Women from 2007 to 2009.   Notable Achievements and Initiatives In her initial year as Ambassador-at-Large, Dyer has made remarkable strides in advancing the U.S. government's campaign against TIP: - Led the development and implementation of the 2023 Trafficking in Persons Report, which evaluates governments worldwide on their anti-TIP efforts. - Collaborated with foreign governments and civil society organizations to advocate for policies and practices to prevent and address TIP. - Supported the creation and implementation of programs for victim assistance and the prosecution of traffickers. - Advocated for increased funding to combat human trafficking. Among Ambassador Dyer's key initiatives is the "Safe Passage to the United States" program, designed to offer refuge to TIP victims, the "End Trafficking in Persons" initiative, a public-private partnership to combat TIP in supply chains, and the expansion of the "Blue Campaign," which raises public awareness about TIP and how to report it.  

The Complex Challenge

Tackling TIP is a complex challenge as traffickers frequently adapt their methods and operate in the shadows. Moreover, TIP often intersects with other transnational crimes, including corruption, organized crime, and drug trafficking.   A Commitment to End Trafficking Ambassador Dyer is unwavering in her commitment to working with global partners to combat TIP. She emphatically stresses that every TIP victim is a person with inherent dignity and worth, emphasizing the necessity of preventing this crime, protecting victims, and prosecuting traffickers.  

Impact and Significance

Ambassador Dyer's role as Ambassador-at-Large to Monitor and Combat Trafficking in Persons is pivotal in the U.S. government's crusade against this global scourge. Furthermore, her leadership and expertise are making a tangible difference in the lives of TIP victims worldwide. Additionally, her work helps promote human rights and security, as TIP corrodes the rule of law, encourages corruption, and destabilizes communities. Ambassador Dyer's efforts are contributing to a safer and more just world for all.   Sources: THX News, Wikipedia & US Department of State. Read the full article

#AmbassadorDyer'sinitiatives #CindyDyer'smission #CombatingTIP #Globalimpact #Humanrights #humantrafficking #NorthAmericanleaders'commitment #SafePassage #TraffickinginPersonsReport #TrilateralWorkingGroup