Patriot Act, Our Civil Liberties Subtract

Patriot Act, Our Civil Liberties Subtract

The war on terror brought the Patriot Act

The result, our civil liberties subtract

An FBI audit unveils and reveals

Big Brother breaks the law big time

Spying on American citizens illegally

What has become of my beloved country?

Illicit eyes like to pry, sneak, and invade

Our sacred privacy, which now does fade

Fade away into the war on terror

Does anyone even show concern or care?

Certainly the Constitution does not permit

The Founding Fathers would not tolerate it

Why than do we call this act patriotic

On the contrary it is idiotic and despotic

Entirely unnecessary and grossly neurotic

Entertaining perhaps and remotely therapeutic

Uncovering and confirming humanity's frailty

Fervent lapse into immorality and despondency

If we cannot trust our leaders and institutions

What than can we expect from our government

Beyond repulsive intrusions and violations?

Our nation needs an injection of truth serum

An infusion of honesty, integrity, and honor

Currently the FBI director admits dishonor

Misdealing with the general public and people

The enforcement of our civil liberties are feeble

Intelligence directors seem shady and fickle

They promise inspections when caught in a pickle

Revisions and compliance when we apply pressure

The magnitude of adherence is no lesser

Than monumental and instrumental

To maintain the precious and valuable freedoms

For which our forefathers bravely fought

Without which this nation is utter rot

Let us never forget these liberties we've got

Examine thoroughly every reproach and spot

Awake and investigate every misdeed and misstep

Unless we fight for domestic freedom to be kept

Never assume or presume, but always check

If we roll over and simply gullibly expect

Those in authority to do right by us

Our liberties obviously they will neglect

Therefore let us arise, scrutinize, and inspect

Reinstate and fortify the liberties of the citizenry

Fight for and protect them wholeheartedly

The Patriot Act can take the backseat for liberty.


Civil Liberties - Patriot Act, Our Civil Liberties Subtract

Drunk Driving in Pennsylvania - PA DUI Laws

Drunk Driving in Pennsylvania - PA DUI Laws

Drunk driving in Pennsylvania can also be referred to as driving under the influence (DUI), driving while impaired (DWI) or the new driving after imbibing (DAI). PA DUI Laws are quite severe and you need a criminal defense attorney who specializes in drunk driving defense to assist you.

PA DUI laws say that the arrest will trigger two cases. The first action is the criminal court case, with a variety of potential consequences, including jail, fines, mandatory alcohol education programs, loss of driving privileges, and more. The second case involves the Pennsylvania Department of Transportation (PennDot) trying to take away the driver's license in a separate action.

If caught, the PA DUI laws specify that your punishment will be related to how much alcohol is in your system. The lowest level is enacted when you're caught with a blood alcohol level (BAC) of .08 to .099. The intermediate level is .1 to .159. Anything over .16 is punished at the most severe level.

Additionally, the PA DUI laws provide for different punishments based on whether this is your first drunk driving arrest. Each subsequent arrest brings with it more severe penalties. The DUI arrests are calculated within the last 10 years.

For instance, a first time DUI with a .08 BAC brings 6 months maximum probation, 0 fine, mandatory attendance at Alcohol Highway Safety School, and a CRN evaluation to determine whether you have a drug or alcohol problem. A third time offense with .16 BAC will invoke one year minimum imprisonment, a ,500 minimum fine, 18 month license suspension, mandatory 1 year ignition interlock, CRN evaluation under PA DUI Laws.

On a first time DUI, you do not have the right to a jury trial.

If you're pulled over on suspicion of drunk driving, you have the right to refuse the breath, blood or urine test, however doing so will automatically result in a one year loss of driving privileges. This is because under Pennsylvania law, if you hold an operator's (driver's) license and are in physical control of a motor vehicle, you are deemed to have given implied consent to chemical tests.


Civil Liberties - Drunk Driving in Pennsylvania - PA DUI Laws

Anti-Discrimination Law and Individual Rights in New Jersey (NJLAD)

Anti-Discrimination Law and Individual Rights in New Jersey (NJLAD)

Discrimination occurs when an individual receives unfair treatment due to legally-protected characteristics. The New Jersey Law Against Discrimination offers nearly the same protections guaranteed under the federal anti-discrimination laws; however, it is more extensive, more liberally interpreted, and offers much more in the way of rights and remedies for New Jersey employees. It guarantees the protection of civil liberties in places of public accommodation, employment, housing, credit and business contracts. In New Jersey, a person cannot be denied access to public institutions because they possess (or are perceived to possess) a certain trait that an owner finds undesirable. No place of public accommodation is permitted to restrict access on the basis of legally-protected characteristics or disabilities. A New Jersey employer cannot refuse to accept an application for any reason that does not pertain to the specific nature of the work presenting a conflict with their realistic ability to provide accommodations. They cannot deny training, promotions, or other employee work benefits. Employment rights are civil rights and an employee has an obligation to formally address their violation. Under the NJLAD, ignoring a complaint is considered a separate offense. The workplace must provide:

* Reasonable accommodations
* Readily-accessible facilities
* Fair and impartial treatment
* Non-hostile work environments
* Protection from retaliation

Schools funded by religious institutions are exempt from the NJLAD, as are private clubs. However, New Jersey is one of the few states where it is illegal for an exclusive establishment to discriminate against a member by limiting their advantages and privileges of membership on the basis of race, creed, color, national origin, nationality, ancestry, marital status, domestic partnership status, sex, or affectional or sexual orientation. Certain public institutions may not permit entrance to some individuals, depending on their disability, if it has been officially established in court of law that doing so will result in serious harm to the disabled person or others.


Civil Liberties - Anti-Discrimination Law and Individual Rights in New Jersey (NJLAD)

Church Etiquette

Church Etiquette

A church is a place for adoration and carries the highest mark of respect. In worshiping, we go to church and pay Him respect. As we enter the house of God, we should respect His sanctuary the same way we respect our homes.

Most people do not realize that there are actions they do that disrespects the House of God. Thus, they ignore the solemnity of the place. Here are simple manners, which obviously has been forgotten, but nonetheless should be practice whenever entering His house.

Be punctual

Treat it as if you are going to school. Waking up few hours before school starts just to take time to prepare and travel to school is just the same as to going to church or any other meeting, gathering or event. If you are not on time, you will miss the first period and get left behind in the lessons, just like going to church. You would not be able to start the ceremony.

Dress Code

Dress codes depend on religion. For some, they are required to wear certain attire like skirts and blouses, but others have the liberty to choose what to wear provided they are not too showy and it is in accordance to the accepted standards of decency. Church dresses are the best clothing for church visit. However, if you do not own any, you can always wear anything that is suited for the occasion.

Dresses should be modest. No tank tops (or dresses with only straps at the shoulders), no short skirts (mini-skirts), and no skin-tight dresses. Dresses should have backs and should not be low-cut in the front. If women wear pants to services, they should be dress pants (not jeans or leggings). Shorts of any type are inappropriate.

If you are still unsure if you wear decently, church dresses are cautious and conservative and at the same time, you get into an individual style format while in church.

Etiquette

Often, we forget the rules and principles governing correct or civil behavior in society in general or in a specific social group or situation. At church, for instance, we make actions that are not appropriate. These are some examples of what not to do while inside the church:

- Eating inside the church
- Leaving before the mass ends
- Going in and out
- Talking during mass


Civil Liberties - Church Etiquette

America Political Parties In The Making

America Political Parties In The Making

1789-1860

America was the first modern nation to achieve independence through a successful revolution against colonial rule. Many other colonies have subsequently won independence, but few have been as successful in subsequent economic and political development. [1]. Within America, the two political thoughts, the federalists and the Republicans, have dominated the whole American political landscape since the second quarter of seventeenth century. And we see, International affairs - the French Revolution and the subsequent war between royalist Britain and republican France - decisively shaped American politics in 1793-1800.[2]

Searching through the early beginning of political party system in America, it is very apparent to see the initial codification of political thought with the active beginning of federalist movement by celebrated leaders like George Washington, John Adams, and Alexander Hamilton. As a land mark in American history, the Federalist Party in American politics is considered to be the party that organized the national government of the United States of America under the constitution of 1787. [3]

The framers of the Constitution had not prepared their plan of government with political parties in mind. They hoped that the "better sort of citizens" would debate key issues and reach a harmonious consensus regarding how best to legislate for the nation's future. Thomas Jefferson reflected widespread sentiments when he declared in 1789, "If I could not go to heaven but with a party, I would not go there at all."[4]

Yet despite a belief that parties were evil and posed a threat to enlightened government, the nation's first political parties emerged in the mid-1790s. Several factors contributed to the birth of parties. The Federalists, under the leadership of George Washington, John Adams, and Alexander Hamilton, feared that their opponents wanted to tear down the Union, destabilize morality and property rights, and ally the United States with revolutionary France.

In contrast, the Republicans, under the leadership of Thomas Jefferson and John Adams, feared that the Federalists were trying to establish a corrupt monarchical society, like the one that existed in Britain, with a standing army, high taxes, and government-subsidized monopolies.

Republican, informally known as the "Grand Old Party (GOP)", was founded in 1854 by opponents of Southern slavery. In 1860 its candidate, Abraham Lincoln, was elected President with the votes of the northern states, with the subsequent civil war between North and South (1861-65) resulting in victory for the North.[5]

They were much instrumental in the new turn of the American political situation. They defended the new United States Constitution, which owed much to the republican theory of mixed government.

The federalists were so favoring towards a strong central government.Even tough they had multiple views in action and was so influential for forming the constitution. Generally it is observed that they had a very "Loose" interpretation of the Constitution. Commercial policy, national security, and the nation's reputation abroad were interrelated aspects of the Federalist conception of America's foreign predicament.[6]

Featuring towards a new economic growth and social improvement, the mainstream though of federalism had encouraged commerce and manufacturing to improve further than the less productive existing situation. And they were very strong in Northeast and being reluctant to join with the polarizing thoughts of France they favored close ties with Britain, tough it became a big reason of expression of fear and anxiety from republicans.

From a federalist perspective they emphasized order and stability. Emphasized states' rights. And contrast to the federalist thought republics had a "Strict" interpretation of the Constitution. And in contrast the federalist thoughts, the republics paid more attention to agriculture and rural life. Their major strength was in South and West. Ironically in deep deviation from the federalist though the republicans had a Foreign policy sympathized with France. And more trust was given on civil liberties and trust in the people.

References

1. The Birth of Political Parties, The First New Nation 1790s, retrieved on 3rd march 2008

[http://www.gilderlehrman.org/teachers/module3/index.html]

2. Elkins and McKitrick, ch 8; Sharp (1993) p. 70 for quote, retrieved on 3rd March

http://en.wikipedia.org/wiki/Federalist_Party#_note-5

3. Article defining federalism, Retrieved on 2 March 2008

http://www.1911encyclopedia.org/Federalist_Party

4. Encyclopedia of politics: The left and the right, pp 248, Volume 1, sage publication, 2005

5. Political Parties of the World, pp. 6376th edition, John Harper Publishing 2005

6 Marshal, Jonathan, Empire or Liberty: The Anti-federalists and Foreign policy, The Journal of Libertarian studies, Vol. IV, No 3 (summer 1980) 233

7. Skinner, Q.: The Foundations of Modern Political Thought, vol. I: The Renaissance.Cambridge: Cambridge University Press, 1978.

8. Arendt, H.: On Revolution. New York: Viking; London: Faber, 1963; Harmondsworth: Penguin, 1973.


Civil Liberties - America Political Parties In The Making

United States Commemorative Coins - People, Places and Events

United States Commemorative Coins - People, Places and Events

The U.S. Mint has been authorized by the U.S. Congress to produce a variety of United States Commemorative Coins over the years. These coins are produced to commemorate (celebrate and/or honor) people, places, events or institutions and are usually divided into Old (1892-1981) and Modern (1982-present) coins.

There have been many people that have been memorialized on U.S. Commemorative Coins. In recent years, famous people like Benjamin Franklin, Chief Justice John Marshall, Thomas Edison and Leif Erickson have been honored. In 1992, Christopher Columbus was commemorated on a Commemorative Gold Coin () as well as a Silver Dollar and half dollar. Older examples of people commemorated include Queen Isabella of Spain, Daniel Boone and Ulysses S. Grant.

Examples of places that were honored include the White House with the 200th Anniversary Dollar issued in 1992, the West Point Bicentennial Coin (2002) and the Smithsonian 150th Anniversary in 1996 with a Commemorative Gold coin.

The Korean War Memorial Silver Dollar was produced as a Mint Commemorative Coin in 1991 and the Vietnam War Memorial Silver Dollar was produced in 1994 for the 10th Anniversary of the Memorial, but it could be argued that both Memorials honor the men that fought and died in these wars as much if not more than the memorials themselves.

Same is true for the Statue of Liberty that was honored with three Coins in 1986, a Gold Coin, a Silver Dollar coin and half dollar. The Statue of Liberty is a place to be honored, but also it represents the gift that was given to the U.S. by France and has become a symbol of freedom and democracy.

There are many examples of events that have been memorialized on U.S. Commemorative Coins. In 2007, a Silver Commemorative Dollar was issued to remember the Little Rock Central High School, where the desegregation movement began. The Wright Brother's First Flight and the Bicentennial of the Lewis & Clark Expedition were also honored.

The Olympic Games have been honored many times including the most recent Olympics held in the U.S., the 2002 Olympic Winter Games (Salt Lake City, Utah). The Centennial Olympics were honored in 1995 and 1996 with at least 16 different Commemorative Coins. The Olympic Games were produced on U.S. Commemorative Coins in 1992 (France and Spain), 1988 (Seoul, Korea), and 1983 and 1984 to honor the Olympic Games held in Los Angeles.

All four of the following; the Bill of Rights, Civil War Battlefield, World War II and the Constitution Bicentennial were memorialized with commemorative five dollar gold coins and Silver Dollars (all but the Constitution Bicentennial were also issued in half dollar Commemorative coins as well).

And finally, institutions have been memorialized on U.S. Commemorative Coins including the U.S. Marine Corps (230th Anniversary) with a Commemorative Silver Dollar and in 2000, the Library of Congress.


Civil Liberties - United States Commemorative Coins - People, Places and Events

The Crucible - Hysteria and Panic

The Crucible - Hysteria and Panic

Dark witches chant their evil chant and dance around the fire cauldron help us o god hectate send your dogs of wrath to avenge us. This is the image of modern paganism or neopaganism. Unfortunately it is very incorrect as the do worship Hectate the Wiccans are bound not to hurt anyone at least in their modern form. Thus the creation of white magic (Wicca) and black magic (Witchcraft). For many years witches and other practitioners of religions other than Christianity were persecuted such and the Mormon movement and the prophet Joseph Smith. The fact is that "9 million people" we not persecuted in fact many Christian leaders protected them from the mobs.

In fact these numbers are propaganda and persecution against the Christian faith itself. The fact is that the hysteria and a more enhanced word for it "drama". Even in High school people want drama, the National Inquirer is still one of the US best selling magazines despite its known cases slander that has reached the heights of the US legal system. This slander or controversy contributes to the bandwagon effect which everyone wants to be a part of. People throw out all logic with any type of controversy or drama. Even best selling author Dan brown author of the Da Vinci Code attributes to this fact, he regards it as one reason for the success of his books he states "Everyone loves a conspiracy". There is something bound in human hearts that replaces logic with lies and changes fear into hysteria.

"It is difficult, however, to feel that the political complexities inherent in The Crucible have been approached by Mr. Miller with any comparable sensitivity. He has, admittedly, disclaimed intent of contemporary reference in the play, choosing to see in it only the tragedy of another society. But it would be fatuous of Mr. Miller to pretend that our present cultural climate had not always a place in the foreground of his mind. Surely then, he can see that the Salem witch-hunts and our own virulent varieties are parallel only in their effects, not in their causes." (Richard Hayes "Hysteria and Ideology in The Crucible (1953)") Author Miller searched for bits and pieces that support his view and his metaphor to McCarthyism. He admittedly changed Abigail age one of the key players in his novel as well as the antagonist. He combined many judges into one so he could control what the view court was, and their reactions and punishments. He ends his play as a tragedy when in fact many did survive in the actual Salem witch trails. In addition the families of the victims were compensated by monetary means or by land.

The fear of communism has led to what is known as " McCarthyism, named after Joseph McCarthy, was a period of intense anticommunism, also known as the (second) Red Scare, which occurred in the United States from 1948 to about 1956 (or later), when the government of the United States actively persecuted the Communist Party USA, its leadership, and others suspected of being communists" (The Wikipedia Free Encyclopedia) When McCarthyism was first televised and Joesph McCarthy controversial tactics were exposed. This was the inspiration for the book "The Crucible by Arthur Miller" he used the Salem which trails as a metaphor for the McCarthyism that took place in the 1950's.The novel Fahrenheit 451 by Ray Bradbury (1953) addresses the general theme of McCarthyism also. Arthur miller uses drama as his canvas to paint a picture of propaganda and distortion. Arthur Miller is the Michel Moore of the 1950's he doesn't realize the efforts done to protect the civil liberties in our county. He looks at national security as buffoonery,as an attempt to undermine the communists and their party and freedom of speech. Arthur Miller oversimplifies things in his metaphor between the 1950's and the Salem trials. One instance of this is that there were communists in the 1950's but in Salem as far as we know their were know witches. One current event that relates to this is the US Patriot Act which many criticize President Bush by saying it violates civil rights but in fact it has saved us from multiple terrorist acts. Just as in the 1950's the trials of communists helped us win the cold war and prevent a third world war. The fact of the matter is that hysteria is sometimes helpful because it focuses our attention on a real threat and helps us to prevent it.

Arthur Miller is a revolutionist in his own haughty eyes. He sees the world through a narrow tunnel and is interpreted to be open minded. His ideas,thoughts, and actions are why the US government was thought him to be conspiring against them. Now any person reading this article says what about free speech. Free speech is a wonder and a beauty of this great country we live in. But censorship does need to come into play when you can make bombs on the internet. You could read a book and now believe that you have to suicide such as the Heaven Gate Cult that used screen plays,sacred texts,and professional websites to convinced 39 people to take their own lives. Or the Oklahoma city bombing where the mad man found instructions for making homemade bombs on the internet or from research in public libraries. Arthur Miller is propagandist, he brings up great points but presents ideology and drama with little or no substance, evidence or constructive criticism. The world is safer without the propaganda of Arthur Miller. Without the "drama" controversy and lies. Terry Pratchett also known as diggers once said "The trouble with having an open mind, of course, is that people will insist on coming along and trying to put things in it." We live in a world full of delusion it is hard to separate fact from fiction truth from lies. We must strive to define our ideas as that of our own creation not influenced by any outside intervention.


Civil Liberties - The Crucible - Hysteria and Panic

The True Power of Terrorism

The True Power of Terrorism

Those of us hundreds of miles from ground zero sat glued to our television sets with horror and disbelief as two of the tallest buildings in the world slowly disintegrated in a violence of dust and death.

Since that bright September morning in 2001, none of us have felt the same. Undergoing an unexpected and brutal national rape, we shuddered at our own vulnerability and defenselessness.

In grief, anger, and frustration, we gathered our tattered dignity around us and vowed repeatedly that it would never happen again. Next time, we would be ready, we would defend ourselves, we would regain our sense of power and invulnerability. We set out resolutely on the journey to make our world safe again.

Security was tightened at airports, border crossings, ports, bridges, and nuclear generating stations. Laws were passed to abridge civil liberties to better fight those out to hurt the United States. Action was implemented in Afghanistan to find the terrorist cells and overthrow their political supporters. The long-standing conventions of war prisoner treatment were abrogated in the name of national security. Iraq was invaded in a preemptive strike to limit the likelihood of future attacks on American soil.

Where has the yearning for security led us?

We have become the enemy. In the hazy logic of the Patriot Act or ethnic profiling at airports and borders, and the specious arguments supporting the treatment protocols at Abu Ghraib and Guantanamo Bay, America has bought into the mindset of terrorism.

When individuals are kidnapped, psychologically or physically abused, threatened with pain, rape, torture, or death, they become terrified shells of their former selves. Often, they start to identify with their captors, their wills bent to the twisted but all-powerful logic of their oppressors. The prisoner becomes the kapo and exhibits more brutality than his superiors. This is the true price of terrorism: the response it elicits from its victims.

Since all of us are direct or indirect victims of 911, we all need to guard against the mindset we have assumed. We must ask ourselves about our priorities. Is improved safety worth the price of voiding our civil rights? Is the defense against terror worth the abdication of our humanitarian and ethical ideals? Shall we descend to the degradation and torture of our enemies in order to defend our "superior" way of life?

The United States has always, no matter how misguided or hated its temporary policies may have periodically been, stood as a beacon of freedom and fairness in a world too often enslaved and unjust. It is this beacon, this ideal, this dream that millions of American soldiers, through multiple wars over more than 200 years, have fought and died for. It is too precious to be obliterated by a suicide bomb or hijacked airplanes flying into buildings. It will flicker and die only when the values it represents no longer exist.

It has been imperiled before: in the sacking of Washington, the internal convulsions of the Civil War, the formalized institution of slavery, the destruction of Native American cultures, the seizure of Panama, the machinations of McCarthyism, the dropping of the atomic bomb. Somehow, lady liberty was able to dust herself off and recapture the inspiration and vision she represents to the world.

Now she faces her biggest challenge yet: surviving intact in a prevailing climate of fear. There have been wars before where too many young men died before their time. This time, the disturbed sleep of the watchful, wary soldier in his bivouac has moved into the bedroom of suburbia. We no longer feel safe, agonizing over the vulnerability of our children and loved ones. We watch the danger alerts turn different colors and know that sometime, somewhere, another strike will come.

The long heritage of openness, personal liberties, restraint, innocence until guilt is proven beyond a shadow of a doubt, and the willingness to defend those rights to the death, has dissolved into the murk of security above freedom, life above ideals, and apathy above involvement. We invade each other's privacy as a mechanism of defense. We abuse and humiliate our prisoners in the name of preventing their future abuse and humiliation of us. We expand our "no fly" lists to close that traditionally-open golden door. We shut down our borders lest a terrorist lurks among the tired, poor masses.

A post-911-world will never be as innocent as before, no more than the permanent changes wrought by the assassination of President Kennedy or the bombing of Pearl Harbor could be avoided. Reaction to tragic, horrifying events is inevitable, both personally and politically. It is when that reaction becomes the basis for major decisions and colors how laws are interpreted, ethics are enforced, and relationships are developed that we must step back and look at our deep-rooted principles and identify where they have become warped and withered.

It is when we look at the world through the eyes of those who hate and threaten us that we see the true power of terrorism: not to destroy us but to assimilate us. That is when the terrorists will know that they have truly won.


Civil Liberties - The True Power of Terrorism

Is Freedom Really Free?

Is Freedom Really Free?

"Hats off! Along the street there comes the blare of bugles a ruffle of drums, A flash of color beneath the sky, hat's off the flag is passing by!" This is the first stanza of a poem written Henry Holcomb Bennett, and a poem that many American school children have read for years. However, this poem is more than just a piece of American rhetoric; it contains several reminders that show who America is and how she came to be the greatest country on earth.

America was founded by people who recognized that freedom came at a great price. For some it meant leaving behind home and family and working hard to build a new life in a tough country, for some it was heroic acts such as midnight rides and tea parties, for others the ultimate sacrifice for freedom-the loss of life on a battlefield. As the poem continues, "Blue and crimson and white it shines, over the steel-tipped, ordered lines. Hats off! The colors before us fly; but more than the flag is passing by."

Freedom's price is still being paid today, as troops are sent to the Middle East to defend our country from attacks like that of September 11th or attempts such as that in New York. Will the American public be aware of how often our troops have protected us from great harm? It's not likely, but covert missions and defense moves are necessary so that we are free to come and go as we have for over 200 years.

Consider the closing stanza of this poem: "Days of plenty and years of peace; march of a strong land's swift increase; equal justice, right and law, stately honor and reverend awe; sign of a nation, great and strong to ward her people from foreign wrong: pride and glory and honor,-all live in the colors to stand or fall." Americans have made it through the Depression, endured the Cold War, excelled during the age of inventions and works today toward improvements in many aspects of life. But none of these advancements came without cost and sacrifice. We have used up many natural resources, and spend hours at work, as we continue to look for a better way to do things so that others will have blessings not available before.

There are many reasons people from all over the world want to come to America to live and we continue to invite them to come, via the proper methods. After all, the Lady Liberty still says, "Give me your tired, your poor, your huddled masses yearning to be free..." In addition, our Declaration of Independence states, we have the right to life, liberty and the pursuit of happiness. But as our founding fathers knew, those freedoms were costly. They were in 1776 and they still are today. The next time you see an American flag, remember what she stands for and count your blessing that you live in the land of the free and the home of the brave.


Civil Liberties - Is Freedom Really Free?

International Service of Process in Europe

International Service of Process in Europe

The Basics of International Service of Process

There are two main methods to choose from when serving documents on the European Union, both methods, are proposed by the Hague Convention of 1965 and have the same legal value, no hierarchy exist between them, but one is less reliable than the other, the legal effects are basically the same. We propose a third method, a mixture of the above which we call "Hybrid". Any other methods employed are outside the Hague Convention or irregular.

The basic legal methods of the Hague Convention are the following;

One, a public service of the "Judicial Administration" called "Centralized Authority" because it uses the "Government" to transmit documents. Is is intergovernmental, in principle a free service but submitted to economical constrains with high possibilities of no completion.

Two, by the use of a service provider, alternative method, called "decentralized", it can use an "International private process server", "Mail" or "Local Bailiffs"; All under the Hague Convention regulations, Art. 10. It's applicability varies with the country's opposition. As a Private method, it is paid, and therefore submitted to market and quality control.

International Service of Process, by either method, is ruled by two different legal systems, linked by the treaty of the Hague. The main law, called « Lex Fori, » is the law where the documents are issue and where judgment takes place, "Lex fori forum". These rules, govern service of process validity and recognition in the "lex fori forum", but not necessarily its effects and legality in the jurisdiction where documents where served, "Lex loci". Recognition and enforcement by the "Lex loci forum" depend on the respect for internal laws of civil procedure and the procedure of "exequatur" It is then to each "lex fori" and their "foum" to determine their requirements for an "acceptable service" but being their powers limited in space they can not enforce it abroad, so necessarily need to keep in mind that: The act of notification is completed under a different legal system with different exigences, those of a sovereign state which must be taken in consideration, based on International treaties and for future enforcement. Based on International Legal Principles, we can affirm that a "Lex fori forum" can not accept in a procedure a "foreign illegal procedural actuation", an act that violates foreign laws.Oon the other hand the "Lex Loci forum" will not enforce a judgment obtained under these circumstances in. Because of this, you must act in harmony with local codes of procedure and the Hague Convention and not only with your own laws,.or, your liability will be engaged in a Criminal or Civil manner.

The Centralized method seems to be the most appropriate and reliable, but it is not, is not mandatory nor exclusive, as explained by the Hague Convention itself (visit the Department of State's1 web pages for more information). Therefore the "Central Authority" is not the only organ proposed as available to serve documents abroad as is the general believe or as promoted by many translation companies or unscrupulous servers who have created a :"Vox Populi" that takes advantage of ignorance of the treaty, to sell Translations and Apostilles.

Luckily for the legal profession, there are a series of alternatives or decentralized channels, Art. 10 a,b and c of the Convention, often more reliable and always faster and efficient. The method to employ must be in no conflict with the laws of Civil Procedure of both jurisdictions involved and both must be signatory countries as explained in Art. 5,b.: That is a legal harmony of "Lex fori" and "Lex loci". These laws must be applied simultaneously when serving.

All signatory countries have accepted the "Centralized" method and not all accept all the channels of the the "decentralized method". In Europe most countries accept both entirely. The reason is that most people believe that the alternate decentralized method does nor exist. The legal text are not interpreted or applied properly as it ends as a "Fraud to International law" and service is Void or Voidable.

The liberty of method is inspired by "International Civil Procedural Liberty" Convention, as expected by the Hague of 1954 giving flexibility to the Convention of 1965. The evolution of both and their application and Interpretation by jurisprudence has given a positive empiric result. Mondialisation of process, which needed a fast way for Judicial information exchange and judgment that adapts to it. World trade, has opened the door to more efficient and fast ways of litigation and serving process, resulting in a gain of time and money by cutting "Red Tape". Nonetheless, there are limits to this liberty that trensform into critics to the methods and which are based on the need to eliminate some absurds requirements like the risky exam of legality prior to service or the choice given to defendant to refuse service if documents are not translated and the lacunae such as no distinction between service to Individuals or Multinational Companies, Nonresistance of presumptions and many more will see later..

The Hague Convention's Centralized method has, as said many "legal lacunae" or serious defects:, the main one is that is a free governmental service that does not uses a "fast Independent Private Process Server.", as is requested by many courts and litigants, it is defective and often deceptive method. It promotes the use costly translation and the contents of summons is exam for legality before they can be served. These requirements makes it slow and therefore not adapted to modern international litigation. It is also contradictory because under the veil of gratuity there are a series of unnecessary expenses that result in an expensive service, more that using private channels. I consider it promotes unnecessary translations because, if documents are not translated, the defendant can refuse service and in other cases the central authority will not be able to exam their legality, Article 5..

It is advisable not to have the documents translated unless you do it properly with the right qualified professional. As a preventive measure, if you do a translation to avoid "possible" future problems, the translation itself can be easily "questioned" in court during enforcement because European courts only accept as valid translations from tindividuals that give the necessary legal guarantees, either by Certification and/or Registration. Is is considered that only those listed each year by the different Courts or the Foreign Affairs Ministries. do reliable translations. There are other "glitches" that appear at the home Jurisdiction but these can be kept at home.

On the other hand, an essential defect of using the Centralized, is the requirement of an exact address of defendant. A problem, because there is no possibility of "locating a defendant" or "Skip tracing" The Central Authority does not "searches" for Individuals or Corporations. If a defendant changes address or the address is not correct , if he is a tourist or illegal, service is paralyzed and returned, waisting your time and money, sending you back to square one while court time is running. Interesting to mention is the situation of corporations which can change the address of the registered headquarters and do not have an immediate obligation to notify this changes to the Mercantile registry. The central authority will not pay tfor any expenses such as access to a mercantile regustry.

Another defect, is in the requirement for "Personal Private Service", concept that is understood in different ways in different countries: Bailiffs or Local Judicial Officers apply the local Code of Civil Procedure and not the special instructions received from foreign jurisdictions. In practice, what is understood in Common law as "Personal" is understood in Europe as "Substitute" and the problem increases if we distinguish between service to corporations from service to individuals. When servicing corporations, this must be completed in the person of those individuals who have the power to represent the corporation, that is to say the "officers" publicly listed in the mercantile registry. Therefore service to the front desk, secretary, gardener or any employee of a corporation, is "Substitute service". For individuals, most local laws allow officers to leave documents at the address specified or leave a note in the door as equivalent of service. These officers, do not need to understand the hierarchy of the Hague Convention in this sense and what are the "Lex fori Forums" needs . Instructions for service to the central authority, transform into let's do it our legal which is not necessarily valid on the other jurisdiction.

Remark therefore, that the use of "insistence and perseverance" is not possible by the "Centralized method", its efficiency is not good and it is only, by the use of a private personal server that you can achive the best results, have more legal security on service and what is the most relevant, you will be courteous to your adversary and sure of your case.

These above reasons explain why most Common Law Attorneys have used as many many "tricks" as possible or patches to remove these obstacles of the "Central" method, I do not blame them. Sometimes by the use of "an agent" which often is, their local process server, their friendly "tacky" translation company or their neighborhood's Private Investigators. The reality is, that on the long run, not only they have waisted time and money but they are liable of fraud to international law, defamation, Ilegal practice of law,Revelation of Secrets... and to complete the apocalypse, if not prosecuted or challenged, the judgment obtained will not pass "Exequatur".(Enforcement).

No doubt then, that ignoring European laws, rights of image and privacy amongst other can happen and can have undesired consequences. Jurisprudence has considered that services completed this ways as irregular and have engage the liability of the plaintiff.

The "Lex fori forum" and "Plaintiff's Attorney" are obliged ex-lege to respect the lex-loci or the legal requirements of the jurisdiction where documents will be served and these starts at home with confidentiality, secrecy and a proper translation of documents as the basic right of defendant.

Service of Process must protect the defendant abroad. It is my understanding that "Lex fori" process servers, Non Certified Translations Companies, even with offices in Europe and other intruders in the chain of International litigation can severely contaminate a case.

There are, a series of channels in an "alternatives or decentralized method" , more reliable and with more efficient ways to serve, these are replacing the anachronistic central method.

Centralized Service of Process has the following characteristics:

1.Translation: a. High Cost b. Unnecessary c. No distinction between Individuals and Corporations
2.Service Speed: Slow and can paralize eassily
3.Prior Exam of legality a. Slows down b. Contradictory
4.Exact Address
5.Non Personal Service
6.No Courtesy
7.No Confidentiality
8.....

Hague's Alternative method of International Service of Process

The Alternative method is composed by channels , using them has the same legal value and effects as the "Centralized" method, if the country of "Lex Loci" has presented no express opposition to them,.there is no hierarchy between "Centralized" and "Decentralized" methods.

Art. 10 a, Service by a Currier, UPS, Fedex, DHL, Postal, fax, internet (email or messenger), as confirmed by different jurisprudence are not reliable, even if they are contemplated and accepted in some countries. The reason is that they lack of "legal guarantees of delivery of contents" violating the Principle of Contradiction,and Equality in a fair Judgement. These channels can bring the defendant into "defenseless". Therefore they are mostly considered by jurisprudence as "evidence of an address" more than evidence of a Legal Notification. The Hague Convention permits these in Article 10, but they require some logical complements to be "Legally binding" even if the Convention does not indicates those. Indeed, one can serve blanc pages by mail or fax since nobody will check the contents and thereto obtain a judgment by default. Because of this, I recommend a "Certification of Contents" necessary either on the sending Jurisdictions or in the receiving Jurisdiction by a qualified, but done by a qualified professional that has "Public trust" The postal of fax receipt are not an affidavit.

Understand that the objective of service of process abroad is transmitting information, a legal notification to a defendant, inform him of a "cause" in which he is part and which could have serious consequences in his patrimony, rights and obligations as they will in your own jurisdiction. These rights must be respected and protected by the rules of the legal art in order to avoid Arbitrary application of law and fraud to International law. To avoid this, the Hague Convention canalizes these notifications by taking in consideration internal laws Art. 5 but without providing a way to control it or a procedure for appeal..It imposes the protection of defendant's rights and obligations as well as those of the plaintiff but does not says exactly how this could be materialized. Please determine, not if the notification was done but if it was "properly done. Service by mail, fax or email are very fragile channels that must be avoided..

These alternate channels are symbol of the "Liberty of Transmittal" but have enter into excesses, for exqample the email, reason why the decentralized method, has been wrongly understood by many Common law Attorneys,. Translators and Private Agents. This happened because the "mechanism of service" applied and employed has been the "known one" the one that sound logical, unconsciously applied in violation of foreign laws. Professionals have use what they know, as a reflex, they have used the same manners as for their state notifications and have sent abroad a joke. This has resulted, in failure to enforce, impossibility of judgment recovery or simply a challenged of service. A distinction must be made between a banal Service of Process and an International Service of Process and to honor international justice even if the effects of your judgment will remain in your jurisdiction do that international service properly, is just a matter of International legal courtesy.

The philosophy behind and the rational explanation, is that the concept of "Public trust" is very different to each culture and their legal order. Think about that opposite to Europe,- No Governmental Identification Card exist in common law countries, there is no central land and/or property registry, sometimes Notaries are simple individuals, Process Server and/or Translators have minimal requirements. In old and experienced Europe, everything is "suspicious" and therefore surrounded by the maximum guarantees of legal security enforced by the state at "Felony or Criminal level" to avoid any possible "misunderstanding", "fraud","deviation" or "Abuse".

In Europe. service of process, either for internal purposes, European Purposes or for International foreign courts, is considered as a penetration of "Jurisdictional Power", when completed it is actually a "delegation of powers" to the server. In Europe. the monopoly of legal representation, actuation and consultation, has been given, traditionally and since middle ages, to the different "Legal Corporations". Private agents are excluded of these basic requirements.

The legal professional associations are those of "Huissiers de Justice","Procuradores", "Ufficiali Judiciario","Abogados","Avocats","Advogados".... Unlike common law countries where almost anyone mentaly capable can perform these "legal contents and jurisdictional acts". Please, know that only qualified legal professionals can serve properly and legally in most of Europe since are the only professionals, who can offer "Ex-lege" the required and necessary legal guarantees. Service by a "Agent" as known in common law does not exist in Europe nor in the Hague Convention, it has been used but this usage does not rises service by agents to a legal stage.

Logically explained: If any country's laws of Civil Procedure establishes for internal service of process, a procedure that requires guarantees of public trust; given only by the use qualified professionals, how come, for International Service, you can expect to use anyone? An agent? In conclusion: When in Rome, do as the Romans!

We must distinguish between communications to the Central authority or with the Server and notification or service of process to the defendant. One is an organ and the other a defendant. Communication with the Central Authority of to the server can be by any means, even e-mail Also note that the Hague Convention obliges service of process to have two explicit and implicit requirements for acceptance: voluntarily and knowingly. These can be compared to a "bilateral obligation in Civil Law" (See Article 5 (b) alinea of the Hague Convention). Therefore, if the defendant is not "capable to understand" what he is receiving, service is viced and the "Defendant can refuse service". If documents are not translated he is not "capable to understand". The defendant is not sense to know foreign laws or could be economically challenged, but some presumption exist: If the defendant is not served multilingual Attorney at law and advise at the moment of Service or if the documents contain No Legal Notice and etceteras, the defendant is in "Procedural defenseless".and therefore service of process is not valid and useless. . Service to Corporations doing International Business, those under the Hague of 1956 for "Company recognition" it must be presumed that they speak the language of the Jurisdiction in which the carry business and know their laws. The Hague Convention does not distinguishes between services according to defendant; Individual or Corporations. Therefore, I consider the Hague as placing an obstacle in service to corporations, since the plaintiff is oblige to translate the documents. Logically Corporations should never use the central authority, they do not need it.

The Hague Convention indicates "voluntary acceptance" as a condition of service, this does not mean "Refusal at all times and systematically to get civil or commercial impunity". In this sense, service by Certified Mail, email, fax and other unilateral acts of service, which we can be consider as "Adherence" from defendant to service, have the common denominator that the defendant is not accepting voluntarily, since he is receiving something with unknown contents. The contents will discover later and he is accepting first, therefore contradicting the Hague convention confirming this way that these channels as good for a verification of an address but not of service. In conclusion, Certified Mail, email and fax are not proper ways of serving and a Court accepting this kind of service are refusing rights to the defendant except if they are back up by a qualified professional's Affidavit of service.

"Service by Agent" as understood in common law, is not contemplated in the Hague Convention on Service of Process, it is another automatic reflex and has been used by many common law Attorneys. These agent services have required translations of documents because the Agent used, in most cases speaks the language of the Attorney requiring service. Often he is a foreign national in the country of service, sometimes illegal, but in any case not qualify to do this kind of Job. They provide "Shaky" services based on the fact that they speaks the language of the Attorney requiring service and dare to violate all kinds of laws, anyways most of them have nothing to loose..

These "Merchants of Process serving" use translations to increase profit and to reduce the possibility of future challenge of service. In most European countries, it is considered. that "Legal Guarantees", are only given to, and are given by "registered and insured professionals, recognized and controlled by the governments and grouped in special associations or corporations submitted to strict ethics control: These agents are an insult to law and order. The law and confirmed Jurisprudence protects "defendant's rights" against poor « qualities and qualifications » of a "dummy server" or anyone from here or there, an intruder, who for a "fist full of dollars" will issue an affidavit. Therefore service by "Agent" is possible if and only if the Agent to be used is a qualified legal professional in the country of service.

It is a interesting anecdote, that I found an "International service of process company in Spain" that also does "plumbing" services from the same office, a business run by a felon issuing affidavits even to service completed to non existing address or people he never saw.. It is a shame that Justices and Attorneys in North America often, accept, for international service of process, affidavits of persons that do not offer any guarantees or have the essential "Public trust", looking down and with disrespect the rights of defendants and the laws of procedure of a foreign country. Indeed, employing anyone for international service of process, is a disregard on justice and disrespect for International and local law. To serve properly you must respect foreign laws of procedure! You must understand the European concepts involved in a "Procedural Notification" and respect for "Justice".

Finally, art. 10 c, considers as "Agent" a Judicial officer or bailiff. Service by these agent depend on the kind of person to served: Physical or Juridical. In some jurisdictions, serving a corporation must be to a "Registered Officer" as it appears on the mercantile registry of their country or to their legal department or representative and the place of service has to be the registered headquarters otherwise it will be a substitute service (Individuals or Corporations can be served at their Attorney's office). If Individuals, an agent can served them at their home or place of work., but not in a public place.

One excess of the Hague Convention is the requirement for an exact address for service, meaning that the requester must have the exact information. This requirement reduces the rights of the plaintiff since a qualified legal professional acting as agent can complete service to two addresses to avoid impunity of defendants, that is to say, serve the address in the writ of summons and the legal or present address.

Service can be completed by directly instructing a Judicial officer of a Bailiff, article 10 c of the Convention, employing them as organ and as server, but they will issue am "Act" or document in the official language of the country, you will have to pay for a supplent for translation into English language and eventually the legalization of signature. Our Hydrid service take's care of everything.

Please remember, the principle in Europe is the "Protection of the rights and obligations of litigants" by due diligence completed with integrity and by qualified and reliable professional not an "affidavit" obtained in obscure circumstances at any judicial cause price or at justice expense.

Summarizing: The two main methods both have the same legal value within the Hague Convention and no "Hierarchy"exist amongst them, one is bad and the other is worse, they are equally poor, but combining them is possible and results into a more reliable international service:

WARNING: Translations and Apostilles (Legalizations) are not necessary but if you use them remember that the Translator must be "Certified" by the "Foreign Affairs department" or the "Local Appellate or Superior Court". The use of a local Notary Public to certify the signature in a translation does not corrects the errors of "tacky" translations. The use of a non registered "Attorneys at Law" under most jurisdictions of the European Union for acts reserved to the legal profession causes "contamination of your case", engaging your liability: Protecting the rights of litigants is your obligation. Do not use simply anyone willing to issue a statement of service affidavit if not qualified.

Inventing International Service of Process: The Hybrid system

Our "Hybrid system of international personal private service of process" combines, not only "methods", but also the different channels or options of the convention, applied by steps and in less time that the "centralized". The result is a better service that takes the positive side of each method in order to obtain the best legal guarantees: We consider it as "System" , more than a method, please consult us so we can discuss your case service in detail and how our system applies.

The hybrid system for International Service of Process, heals the disadvantages of the Hague Conference's centralized method and the abuses in the use and application of the decentralized alternate method. It is a non complicated service of process having the characteristics of Legality, reliability and fast. On the other hand, the "system" applies the principles of the Hague Convention combined to each jurisdiction, incoming and outgoing, and their respective laws of procedure. The "legal order" is to obtain with the maximum legality and protection of litigants, its main characteristic is that: Service is double, a preliminary International service and an Euro service.

The system provides that the rights of the plaintiff and defendants are guarantee and protected by registered and insured multilingual Attorneys at Law in the country of service. Documents are delivered personally in all confidentiality by a legal professional who will give advise in the language of the defendant, making it comprehensive by giving complete legal notice and explaining how to proceed. All services are completed with mandatory secrecy and neutrality, Courtesy and professionalism under the respect for internal laws of Civil procedure.

The defendant does not have an option to refuse service, or claim to be "unprotected" there is no "a priori" exam of contents or delay, no translation's cost or apostilles, no promises of service but a "Jurisdictional act completed according to local law by a qualified legal professional", Note the advantages;

a. The defendant does not have an option to refuse service, or claim to be "unprotected" b. Liberty to choose process server within the legal profession market value. c. There is no "a priori" exam of contents or delay in exams d. No translation's cost Nor apostilles, stapples,stamps or clips! e. No doubt on delivery of Contents e. Service with "Professional Integrity" f. Customer service and Affidavit in English g. Une of Bailiff when required h. Service is guaranteed in delivery i. Service is guaranteed in court

.....and much more

Our price list, reflect the need of taking in consideration many legal and practical aspects of service in Europe, specially to avoid incidents and possible cchallenge, appellate "quash" proceeding", we provide services that are cheaper than the "Centralized" method and with the same value.

The different classes of service we proposed vary according to the required time for service: Urgent, and each has different protections. We always start by a "Skip Trace or Locate" in order to obtain an exact address as per mandatory requirement of the Hague Convention and to avoid you unnecessary expenses, then we mail a preliminary service of process to verify the address of delivery and physical existence. Our letter, asking for an appointment or an interview and placing ourselves as neutral Attorneys at Law available as required by law to avoid defenseless by counseling the defendant. During the interview, in presence of a local Judicial Officer or Bailiff when required, we verify the identity of the receiver, his knowledge of the language in which documents are written and explain in detail their rights and obligations. All of this procedure is condensed in a Custom made affidavit that is legalized by the Notary Public of the diplomatic representation of the lex fori (That is to say: the Consul).


Civil Liberties - International Service of Process in Europe

What Is A Fatty Liver?

What Is A Fatty Liver?

Steatosis, or fatty liver, is a condition where triglycerides and other fats collect in liver cells. It is caused from altered fat metabolism from mobilization of fatty acids. Sometimes, as much as 40% of the liver's weight is accounted from these fat cells. A normal liver has only 5% fat. A normal liver weighs about 3 lbs., but a severe case of fatty liver may increase its weight as much as 11! That's nearly 4 times its normal weight!

Mild Steatosis is temporary and asymptomatic. Mild fatty liver is usually reversible by simply changing your diet and alcohol intake. But don't neglect it. Severe or persistent fatty liver may cause liver dysfunction. It may result in recurrent infection, and in the worst case, sudden death from fat emboli in the lungs.

The most common cause of fatty liver is chronic alcoholism, but there are other non-alcohol-related causes, such as pregnancy or malnutrition or prolonged total parenteral nutrition (TPN). Prescription and non prescriptioned drug use can result in steatosis.

What can you do if you suspect Steatosis, or Fatty Liver? Go to your doctor and describe your symptoms and tell him about your diet and lifestyle, including drug and alcohol uses. Talk to him about possible immunodeficiency syndrome (HIV). In cases of malnutrition caused steatosis, protein deficiency is usually at the root cause.

If you are diagnosed with any kind of liver damage or dysfunction, show your doctor this scientific, clinical double-blind study of sixty people with alcohol-related diseases (damaged livers), 70% had normalized their liver enzymes after only 30 days' using Bio-Directed Liver Formula, composed of artichoke buds and sarsaparilla extract. The case study was done by administering a therapeutic dose of 3 capsules twice a day and ask if it would be safe for you to do.

Two other double blind studies were published and copywrited in the Townsend Letter for Doctors and Patients, Date: 12/1/2002, by author: Dr. Charles Cochran showing the effectivness of this same product..


Civil Liberties - What Is A Fatty Liver?

Mill's On Liberty

Mill's On Liberty

In his essay, On Liberty, John Stuart Mill discusses what he believes to be the greatest obstacle to individuality: the tyranny of the majority (Mill 7). This tyranny of the majority is the ability of society to impress their own beliefs and values onto other members of society who do not willingly adhere to these beliefs, but rather are compelled in this acquiescence (Mill 7). Mill asserts that this compulsion to conform to public opinion prevents the development of individuality among the community (Mill 7). In his discussion, Mill explains his conception of the characteristics of individuality, and the role of individuals in society.

Mill claims that the goal of the ideal individual is to continually strive towards achieving the complete development of his faculties (Mill 66). This development includes all types of knowledge; a true individual does not specialize in only one area. To obtain this complete development, the individual must have freedom and exposure to diversity (Mill 66). In the absence of freedom and diversity, there can be no development of the person's individuality.

An individual will not blindly accept the customs and beliefs of past and present societies. Instead, he or she will examine the customs and traditions of other people to decide the applicability of those customs to himself or herself. Their decision must be based on reason, and not coercion to accept current customs. The individual will reject those customs which he or she is not inclined to embrace (Mill 67). A person who conforms to custom simply because everyone else does is not taking full advantage of his or her faculties of reason and judgment (Mill 68).

Once a person has examined all sides of an issue and made a decision, based on reason, which side is most agreeable to his or her own situation, he or she must then act upon their opinions (Mill 23). This acting upon opinions includes setting up what mode of life is best for him or her, and engaging in free discussion about their opinions. An ideal individual acknowledges that his opinions may be fallible, and therefore seeks out people who hold opposite views so as to continually test the truth of his own opinion.

In these discussions, the individual does not seek to rashly disregard his opponent's arguments, but rather keeps an open mind. He listens carefully to the arguments against his own opinion and the ones for his opponent's opinion. An individual must understand both or all sides of an opinion in order to fully understand his own opinion. This is the only way that an individual will most nearly arrive at the truth of their opinion (Mill 25).

In keeping an open mind regarding dissenting opinions, the individual constantly tests the truth of his own opinions and beliefs, and makes additions or adjustments to the opinion when reason has shown that changes are necessary (Mill 26). An ideal individual knows that what is claimed to be truths are not infallible, and that what is accepted today may be rejected tomorrow. An individual also realizes that an opinion does not contain the whole truth, but usually has some element of truth. The individual works to reconcile the two opinions that both hold elements of truth to a consistent whole (Mill 53). Therefore, openness of mind and willingness to change is crucial towards development.

In addition to testing one's opinions, public discussion is imperative to the development of individuality in that if there were no discussion, people would forget the reasons why they hold those opinions (Mill 46). Mill asserts that when an opinion has become established among many people, if not the majority of society, then the opinion tends to be reduced to an "hereditary creed" (Mill 47). This creed gets passed down to others in a passive manner who do not test the validity of the creed "by personal experience" (Mill 47). The person who accepts these beliefs without discussion can never develop towards becoming an individual. When controversy over a particular belief and discussion of that belief ceases, Mill claims that "the living power of the doctrine" begins to diminish (Mill 46). When a person does not understand the reasons behind the doctrine, the doctrine exists in the person's mind as "dead beliefs" (Mill 47).

Another important reason for the allowance of discussion is that, however widely accepted as truth an opinion may be, there remains the possibility of its fallibility. In suppressing dissenting opinions, mankind runs the risk of committing an error that succeeding generations will view with "astonishment and horror" (Mill 29). To illustrate this point, Mill offers the experiences of two historical persons: Socrates and Jesus. Both of these men deviated from widely accepted customs and beliefs of their time, and both men suffered persecution for their beliefs, resulting in their being executed (Mill 29-30).

Even though both Socrates' and Jesus' doctrines survived to be passed on to succeeding generations, Mill does not agree that truths always will survive persecution (Mill 33). He maintains the reason that Christianity survived its early years was that persecution of its adherents was "only occasional" and "lasting but a short time" (Mill 34). Mill acknowledges that dissenters are no longer put to death, but he maintains they suffer from persecution still. In Mill's society, dissenters are commonly labeled as "bad and immoral men" (Mill 62).

This "unmeasured vituperation" of majority opinion does indeed cause people to refrain from voicing their beliefs which differ from the customary ones (Mill 62). When an opinion is not expressed, Mill claims that this is "robbing the human race" of the opportunity to discover their own truth (Mill 21). For these reasons, Mill believes that dissenting views from the majority opinion should never be suppressed.

In addition to holding and discussing their own opinions, people need to have the freedom to act upon those opinions, e.g. in choosing the sort of life that works best for him or her (Mill 68). Mill asserts that "while mankind are imperfect" we need to have "different experiments of living" as well as diversity of opinion (Mill 65). However, Mill does realize that actions cannot be as free as opinions, if they cause harm to others (Mill 64). In asserting their individuality, people must not say or do things that might infringe on someone else's rights or incite others to infringe on those rights (Mill 64). To take a modern example, people have the right to protest against abortion in front of an abortion clinic, but they do not have the right to prevent people from entering that clinic.

Possibly one of the most important attributes of an individual is the realization that he or she does not have the authority to impose their own beliefs upon others who do not want them. The individual can and should share their opinions with others, and may attempt to persuade others to their own side, but there is never any justification to force others to accept them, either through legal prosecution or social condemnation. Mill argues that when a society is uniform, there can be no improvement among individuals or society as a whole (Mill 85). It is only through diversity and exchange of opinions that a society can continue progressing towards the ideal.

Bibliography

Mill, John Stuart. On Liberty. Dover Publications, 2002.


Civil Liberties - Mill's On Liberty

A National DNA Bank to Fight Crime is a Violation of the Fourth Amendment?

A National DNA Bank to Fight Crime is a Violation of the Fourth Amendment?

There is a strong movement towards building up a national DNA bank to catch criminals.

A human DNA (deoxyribonucleic acid) is the amino acid string that is knitted into the X or Y shaped chromosomes inside the nucleus of a cell.

The DNA string is built like a ladder. Each rung of the ladder is made up of only four amino acids - either the Adenine (A)-Cytosine (C) pair, or the Thymine (T)-Guanine (G) pair.

13 regions of the DNA molecule contain "genetic markers" that can be translated by the scientists into a 52-digit number unique for every human being, unless they are identical and same-gender (monozygotic) twins.

Police officials in the United States have matched such unique DNA markers to the samples collected at the crime scenes to solve 30,000 "cold cases." Currently there are 3 million DNA markers in such databanks and the number of those DNA samples are growing by 80,000 per month.

The civil liberty watchers cry out aloud that the practice violates the Fourth Amendment of the U.S. Constitution: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The critics insist that the automatic scanning of all DNA markers in a genetic databank against the crime evidence, drags an innocent person into a crime investigation even when there is no clear evidence or reason to suspect the individual's involvement.

They claim that the time-honored principle of "innocent until proven guilty" is turned inside out. With automatic DNA scanning everyone becomes "guilty until proven innocent by the DNA test."

The defenders of DNA scanning admit that everyone would be treated as if they are guilty however, if all U.S. citizens do have DNA samples in the database, then no one would be treated differently and everyone would have exactly the same chance of being found guilty.

One big concern that DNA matching brings up is the spreading practice of "familial searches." This happens when the police finds DNA material at the scene of a crime that matches the DNA of a known criminal. Then the police starts investigating his or her family members on the grounds that only those within the same family could have such a similar DNA marker.

Civil liberties critics argue that this new version of "guilt by association" violates individual rights as well.

Five states including Virginia already allow the DNA scanning of people arrested. Even when such people are not indicted, there is a tendency to keep their DNA samples even long after such suspects are exonerated and released. California will also start DNA scans at every arrest by the year 2009.

I think we will hear a lot more about this issue in the years ahead that both promises a strong tool to fight crime in general and raises some serious constitutional issues about the protection of our civil liberties.

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Civil Liberties - A National DNA Bank to Fight Crime is a Violation of the Fourth Amendment?

Reasons For Criminal Law Enforcement - Objectives

Reasons For Criminal Law Enforcement - Objectives

Criminal law, also known as penal law is a term used to refer to different rule bodies in distinct jurisdictions. One common characteristic of these rule bodies is the propensity for distinct and serious judgments as punishments for failing to comply. Criminal punishment which depends on the jurisdiction and offense committed can include the loss of one's liberty, fines, government supervision such as probation or parole and even execution. An attorney seeks to defend the accused individuals against such eventualities. There are various archetypal crimes such as murder. It is worth noting the forbidden acts are not completely consistent between distinct criminal codes. However, even in specific codes, the lines may be unclear. This is because civil refractions are also likely to give rise to criminal outcomes. In most instances, it is the government that enforces criminal law. This is unlike civil law which could be implemented by private parties.

Punishments of Criminal Law Violation

Criminal law is different for two reasons; the failure to put up with its regulations and the uniquely severe possible outcomes. Each offense is comprised of what could be imposed in various jurisdictions for some of the most severe offenses. Physical outcomes could be imposed. However, these outcomes are forbidden in most parts of the universe. Depending on one's jurisdiction, individuals could be in a range of conditions. Incarceration could be solitary. The confinement period

could be as short as one day and as long as one's entire life. Supervision by the government including house arrests, confiscating property and money from individuals convicted of offenses could be imposed. What is more, offenders could be obligated to conform to specialized rules as part of the probation and parole regimen.

By punishment, there are five widely accepted objectives in the enforcement of criminal law that an attorney seeks to defend offenders against. These are retribution, incapacitation, deterrence, restitution and rehabilitation. However, it is worth noting that when it comes to the value placed on each one of them, jurisdictions differ.

Objectives of Criminal Law Enforcement

Retribution - Offenders must undergo some kind of suffering. This is the objective most commonly seen. Offenders are considered to not only have caused unfair detriment on others but also to have taken unacceptable upper-hand. Accordingly, an attorney with the help of criminal law is said to put the offenders in an unpleasant disadvantage hence balancing out the scales. Individuals surrender to law so as to gain the right not to be killed. If individuals flout the laws, they give up the rights given to them by the laws. Therefore, individuals who kill may also be killed. One related hypotheses contains the correcting the balance idea.

Deterrence - Individual deterrence is intended at specific criminals.

The intention here is to impose adequate punishment so as to discourage offenders from criminal behavior. General deterrence is intended for the general public. By imposing penalties on offenders, other people are put off from committing the same crimes.

Incapacitation - This is intended to keep offenders away from the public so as to protect society from their delinquency. Today, courts of law with the help of attorneys use prison sentences to attain this.

Banishment and the death penalty also serve a similar purpose.

Rehabilitation - Courts of law and the attorney use this to transform criminals into useful members of society. Its chief objective is to convince criminals of their wrong doing thus preventing more crimes from occurring.

Restitution - This is a punishment theory that is victim oriented. The intention is to use the state authority to fix damages inflicted by criminals on innocent victims. For instance, individuals who misappropriate are required to reimburse the amount acquired unjustly. Usually, restitution is put together with other chief objectives of criminal law and is directly linked to civil law ideas.


Civil Liberties - Reasons For Criminal Law Enforcement - Objectives

The Words, Achievements, Honors and Legacies of Frederick Douglass Remain Indelibly Printed in Us

The Words, Achievements, Honors and Legacies of Frederick Douglass Remain Indelibly Printed in Us

Frederick Douglass was perhaps the first black man who had such a long and arduous climb which took him from slavery to some of the highest positions in the land wielding considerable influence on not only the minds of many ordinary folks but also having much influence on Presidents. His name and legacies remain unforgettable as is seen in the many quotes attributed to him, the books written on him especially for children as well as the monuments to his honor.

Douglass served as an adviser to President Abraham Lincoln during the Civil War and fought for the adoption of constitutional amendments that guaranteed voting rights and other civil liberties for blacks. He provided a powerful voice then that was championing human rights. He is still revered today for his contributions against racial injustice

After the Civil War, Douglass held several important political positions such as President of the Reconstruction-era Freedman's Savings Bank; marshall of the District of Columbia, President of the Colored National Labor Union, Recorder of Deeds in Washington, minister-resident and consul-general to the Republic of Haiti (1889-1891), and chargé d'affaires for the Dominican Republic.

In 1872, he moved to Washington, D..C after his house on South Avenue in Rochester, New York burned down with him losing among other items a complete issue of The North Star.

In 1868, Douglass supported the presidential campaign of Ulysses S. Grant who upon assuming power had the Klu Klux Klan Act and the second and third Enforcement Acts signed into law. President Grant. used their provisions vigorously, suspending provisions for habeas corpus in South Carolina and sending troops there and into other states; under his leadership. Over 5,000 arrests were made.The Ku Klux Klan was thus dealt a serious and devastating blow. Though Grant's vigor in disrupting the Klan made him unpopular among many whites, it won him Frederick Douglass' and other black's praise. An associate of Douglass wrote of Grant that African-Americans will have and cherish a grateful remembrance of his name, fame and great services.

Douglass' climb to greatness took a symbolical turn upwards when as a mark of the high esteem in which he is held in 1872, he became the first African American to receive a nomination for Vice President of the United States, having been nominated to be Victoria Woodhull's running mate on the Equal Rights Party ticket without his knowledge. He neither campaigned for the ticket nor even acknowledged that he had been nominated.

Douglass spoke at many schools around the country in the Reconstruction era, including at Bates College in Lewiston, Maine in 1873.

In 1877, Douglass purchased his final home in Washington D.C., on the banks of the Anacostia River and named it Cedar Hill. He expanded the house from 14 to 21 rooms and included a china closet. One year later, Douglass expanded it further to 15 acres, with the purchase of adjoining lots. The home is now the location of the Frederick Douglass National Historic Site.

After the disappointments of Reconstruction, many African Americans, Exodusters, moved to Kansas to form all-black towns. Douglass spoke out against the movement, urging blacks to stick it out. But he was condemned and booed by black audiences.

In 1877, Douglass was appointed a United States Marshall and.then in 1881, he was appointed Recorder of Deeds for the District of Columbia.

His wife Anna Murray Douglas died in 1882, leaving him in a state of depression which was only assuaged with his association with the activist Ida B. Wells who brought meaning back into his life. In 1884, Douglass married Helen Pitts, a white feminist from Honeoye, New York, the daughter of Gideon Pitts, 1, an abolitionist colleague and friend. A graduate of Mount Holyoke Female Seminary, Pitts had worked on a radical feminist publication Alpha while living in Washington, D.C.. Frederick and Helen Pitts Douglass faced a storm of controversy as a result of their marriage, since she was white and nearly 20 years younger. Both families recoiled; hers stopped speaking to her; his was bruised, as they felt his marriage was a repudiation of their mother. But individualist feminist Elizabeth Cady Stanton congratulated the two.

The new couple traveled to England, France, Italy, Egypt and Greece from 1886 to 1887. In later life, Douglass in a determination to ascertain his birthday adopted February 14th because his mother, Harriet Bailey, used to call him her "little valentine". He was born in February of 1816 by his own calculations, but historians have found a record indicating his birth in February of 1818.

Douglass had five children; two of them, Charles and Rossetta, helped produce his newspapers. Douglass was an ordained minister of the African Methodist Episcopal Church

In 1892 the Haitian government appointed Douglass as its commissioner to the Chicago World's Columbian Exposition. He spoke for Irish Home Rule and on the efforts of Charles Stewart Parnell. He briefly revisited Ireland in 1886.

Until his death a quarter of a century later, Douglass used his great abilities to help his people achieve "a higher, broader and nobler mankind." In a multitude of capacities, Douglass contributed his energies towards that main purpose. He fought always for the dignity of his people, always emphasizing that exploitation against colored people was not a Negro problem but was in fact an American problem, or as he told the nation, "No man can put a chain about the ankle of his fellow man, without at last finding the other end of it fastened about his own neck."

He once wrote warning the American People that "the lesson which they must learn or neglect to do so at their own peril, is that Equal Manhood means Equal Rights, and that they must stand each for all and all for each, without respect to color or race....I expect to see the colored people of this country enjoying the same freedom, voting at the same ballot-box, using the same cartridge-box, going to the same schools, attending the same churches, traveling in the same street cars, in the same railroad cars, on the same steamboats, proud of the same country, fighting the same foe, and enjoying the same peace and all its advantages..."

But unfortunately Frederick Douglass did not live to see his hope realized.

On February 20, 1895, Douglass attended a meeting of the National Council of Women in Washington, D.C. during which he was brought to the platform and given a standing ovation by the audience, as if they knew that was his last public appearance. Shortly after returning home, he suffered a massive heart attack and died. He is buried in Mount Hope Cemetery in Rochester, New York.

But today, even after more than a century of his death, the people have learnt and indeed are learning the lessons he taught. All over the world millions of people of all races, colors, creeds, and nationalities are moving forward together to achieve victory, enduring peace, security and freedom.

Frederick Douglass' words have never been as significant as they are today after the war had raised the question of Negro rights in the most acute form. Their vast contribution in the war effort have made it clearer everyday that victory, lasting peace and security cannot be achieved without the Negro peoples and without satisfying their just demands.

Below are the emblems of his greatness and everlasting significance in the form of quotes, children's books and films on him as well as monuments:

Famous quotes from Douglass:

o "I am a Republican a black, dyed in the wool Republican, and I never intend to belong to any other party than the party of freedom and progress."

o "Those who profess to favor freedom and yet depreciate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning. They want the ocean without the roar of its many waters."

o "To make a contented slave it is necessary to make a thoughtless one. It is necessary to darken the moral and mental vision and, as far as possible, to annihilate the power of reason."

o "I assert most unhesitatingly, that the religion of the South is a mere covering for the most horrid crimes - a justifier of the most appalling barbarity, a sanctifier of the most hateful frauds, and a dark shelter under which the darkest, foulest, grossest, and most infernal deeds of slaveholders find

o "Without struggle, there is no progress."

o "[Lincoln was] the first great man that I talked with in the United States freely who in no single instance reminded me of the difference between himself and myself, of the difference of color."

o "Power concedes nothing without a demand. It never did, and it never will."

o "Once let the Black man get upon his person the brass letters US let him get an eagle on his button and a musket on his shoulder and bullets in his pockets and there is no power on earth which can deny that he has earned the right to citizenship in the United States."

Books on Douglass For Young Readers:

o Miller, William. Frederick Douglass: The Last Day of Slavery. Illus. by Cedric Lucas. Lee & Low Books, 1995.

o Weidt, Maryann N. Voice of Freedom: a Story about Frederick Douglass. Illus. by Jeni Reeves. Lerner Publications, 2001.

Documentary Films on Douglass:

o Frederick Douglass [videorecording] / produced by Greystone Communications, Inc. for A&E Network ; executive producers, Craig Haffner and Donna E. Lusitana.; 1997

o Frederick Douglass: when the lion wrote history [videorecording] / a co-production of ROJA Productions and WETA-TV ; produced and directed by Orlando Bagwell ; narration written by Steve Fayer.; c1994

o Frederick Douglass, abolitionist editor [videorecording] / a production of Schlessinger Video Productions, a division of Library Video Company ; produced and directed by Rhonda Fabian, Jerry Baber ; script, Amy A. Tiehel

o Race to freedom [videorecording] : the story of the underground railroad / an Atlantis Films Limited production in association with United Image Entertainment; produced in association with the Family Channel (US), Black Entertainment Television and CTV Television Network, Ltd. ; produced with the participation of Telefilm Canada, Ontario Film Development Corporation and with the assistance of Rogers Telefund ; distributed by Xenon Pictures ; executive producers, Seaton McLean, Tim Reid ; co-executive producers, Peter Sussman, Anne Marie La Traverse ; supervising producer, Mary Kahn ; producers, Daphne Ballon, Brian Parker ; directed by Don McBrearty ; teleplay by Diana Braithwaite, Nancy Trites Botkin, Peter Mohan. Publisher Santa Monica, CA : Xenon Pictures, Inc., 2001. Tim Reid as Frederick Douglass.

Memorials to Frederick Douglass:

o Frederick Douglas National Historic Site The Washington, DC home of Frederick Douglass

o Frederick Douglass Gardens at Cedar Hill Frederick Douglass Gardens development & maintenance organization

o The Frederick Douglass Prize A national book prize sponsored by The Gilder Lehrman Institute of American History and The Gilder Lehrman Center for the Study of Slavery, Resistance and Abolition


Civil Liberties - The Words, Achievements, Honors and Legacies of Frederick Douglass Remain Indelibly Printed in Us

How to Improve Writing Parallelism

How to Improve Writing Parallelism

Writing parallelism refers to the repeated usage of words and grammatical structures in a well-designed pattern. Parallel structures assist the comprehension of the reader and provide a memorable rhythm to the writing.

All good writing is structured and writing parallelism improves writing structure. The structure changes according to the domain of the writing, but when an author consistently follows a plan, the reader can clearly follow what the author intends to share or to prove.

Hints to Improve Writing Parallelism

Repeat key words throughout an essay to help the reader maintain focus. Use the same grammatical structures for phrases within lists, for example, verb endings. Repeated transitions can also produce interesting writing parallelism.

One of the greatest examples of writing parallelism in American literature is Lincoln's Gettysburg Address

Carefully read the address and then examine the phrases listed below to identify the writing parallelism Review the text to see how the parallel structures are repeated.

Four score and seven years ago, our fathers brought forth upon this continent a new nation: conceived in liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war. . .testing whether that nation, or any nation so conceived and so dedicated. . . can long endure. We are met on a great battlefield of that war.

We have come to dedicate a portion of that field as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we cannot dedicate. . .we cannot consecrate. . . we cannot hallow this ground.

a new nation
conceived in liberty
we are engaged
so conceived
that nation
we can not dedicate

Now, pick out the writing parallelism in the remainder of the text on your own.

The brave men, living and dead, who struggled here have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember, what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us. . .that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion. . . that we here highly resolve that these dead shall not have died in vain. . . that this nation, under God, shall have a new birth of freedom. . . and that government of the people. . .by the people. . .for the people. . . shall not perish from the earth.


Civil Liberties - How to Improve Writing Parallelism

A Review of "U.S. History Uncensored"

A Review of "U.S. History Uncensored"

Carolyn Baker's book U.S. History Uncensored is designed as a supplement to the standard version of history offered by textbooks, college professors, and high school teachers. However, this does not mean that the material presented in the book should be considered tangential to the main themes of US history since the Civil War; to the contrary, Baker's work presents a far more coherent view of the rise of corporate power at the expense of the individual, the emergence of the American Empire, and the most pressing issues facing the entire world today.

The work, though, is not even really a "book;" rather it is "a curriculum abstract for U.S. History, 1865 to the present," and provides more of a framework for the student to consider Baker's positions and do independent research on the various topics examined. In many of the 33 chapters, readers are encouraged to view documentaries, search out other books on the topic, or read supplementary articles presented directly in the text. Helpfully, Baker gives web addresses to locate many of these sources, many of which may not be offered at the local bookstore or movie rental.

Through the end of the Civil War, through the rise of the Robber Barons, the conferring of "personhood" on corporations, and the continuing transfer of wealth and power to large corporations and the government, the book looks at the most important events of recent American history and examines the influences behind the stories and popular myths, such as the Civil Rights movements, the xenophobia that began the eugenics movement and allied it with big business and public schooling, and various Cold War Issues.

The most important event of the time period Baker examines, though, is "1947 when the National Security Act was signed into law creating the Central Intelligence Agency and a black budget, which absolved the Agency from all accountability to Congress or the American people regarding its activities and expenditures." This transferred public power and money to a secretive agency that has done much harm to Americans living in the US and American interest abroad. Some of the issues briefly examined include relationships with drugs, mind-control experiments on American citizens, and involvements in various assassinations and plots to overthrow governments.

While Baker traces the paths of American history from growing corporate power to increasing government involvement in the world and secret dealings at home and abroad, her main concerns are with the three most pressing issues facing the world right now, and an examination of these are what the book leads to in its final chapters. Without understanding how events and decisions have led to these newest unprecedented problems, there will be no effective reaction to solve them, and most citizens are unaware of the significance of the issues. According to Baker, the "Terminal Triangle of Peak Oil, Climate Change, and Global Economic Collapse" are "inexplicably ominous for our planet and its inhabitants - and absolutely unprecedented." These chapters are some of the most important in the book, and various experts are quoted on each of the issues.

Just as important is the question of why these issues are not being dealt with the government or talked about in the media. But Baker presents these answers indirectly, for the most part, and the discussions of recent American history will provide readers with the map to be able to find the answers on their own. Large corporations benefiting from the Terminal Triangle, who own the media and operate the revolving door between business and government, have no reason to inform consumers of these issues. And this same government/business partnership also operate, fund, and present the national elections, making large-scale change unlikely.

After presenting such a dismal map with little reason to hope for change, Baker thankfully presents her views on how to work through the problems now facing America and the world. Focusing on local solutions and sustainability, Baker provides such recommendations as "not only must we move through our fear of the topic of money, we must come to understand how it works in our communities," and "sustainability cannot be created in isolation. Crucial in one's 'options portfolio' is a sense of community." Thus, while there may be no hope in distant governments, which will continue to wage wars for the last remaining resources on planet Earth and take away more of the average citizen's liberties in a "war for freedom," change can occur more easily on the local level, and create a higher moral and spiritual standard of living for every citizen, instead of gross profits for a few abstract corporations and the central governments they control.

Baker's book is recommended as an examination of both America's past, from its rise after a devastating Civil War to become the largest empire in history, as well as its future. It also gives the reader an understanding of the likely course of future events, based on over one hundred years of history of the US government favoring corporate profits over civilians, other nations, and the planet in general. Most importantly of all, Baker gives readers a new perspective on hope as a tangible, controllable idea that can be enacted at a local level, instead of an abstract, dogmatic belief in a government that will promise to deliver hope but offer further loss of life and liberty for the majority of citizens it was originally designed to protect.


Civil Liberties - A Review of "U.S. History Uncensored"