LL:ART: 16 years for a Snickers bar
Dear LeftLinkers Thought this might interest you in the context of mandatory sentencing. In this case it appears that bringing a felony charge against Kenneth Payne was a choice made by the DA and that the 16 year sentence was a choice made by the judge (rather than mandated), but it's a classic example of what can happen in an out-of-control system in which the punishments rarely (if ever) fit the crime. I highly recommend this list : one email once a week and always interesting and well-written. Ciao elizabeth Sixteen Years for a Snickers Bar By Russell Mokhiber and Robert Weissman Last week, a Texas jury recommended that Kenneth Payne, 29, spend 16 years in jail. Payne's crime? Stealing a Snickers bar from a Tyler, Texas grocery store on December 17, 1999. When Smith county Assistant District Attorney Jodi Brown was asked by the Associated Press how she could justify 16 years for the theft of a Snickers bar, Brown replied "It was a king size." A king size Snickers bar it was. Retail price: $1. In Texas, if you steal property worth less than $500, it's a misdemeanor punishable by a fine of $500 with no jail time. The case was brought as a felony because Payne was a habitual offender. He had ten previous convictions -- including one for stealing a bag of Oreo cookies -- and had spent seven years in Texas prisons. When he shoved the king sized Snickers bar down his pants he was on parole for felony theft. Still, the guy was a petty thief -- he stole cookies and candy bars. Compare Kenneth Payne's plight to those of a group of white-collar and corporate criminals who also were sentenced this month. Hoffman-LaRoche Ltd. pled guilty for their roles in an international conspiracy to suppress and eliminate competition in the vitamin industry -- what the Justice Department calls perhaps the largest criminal antitrust conspiracy in history. The prison terms: four months, three and one-half months, three months and three months. (The four executives were also fined anywhere from $75,000 to $350,000). Also this month, three cruise line employees were sentenced for their role in dumping pollution into the Alaskan Inland Passage from a Holland America cruise ship. The three employees were each sentenced to two years unsupervised probation and fined $10,000. These are not unusual sentences for white-collar criminals. In fact, it is unusual to see a white-collar criminal do time. So, how can it be that Kenneth Payne is doing 16 years for stealing a one dollar Snickers bar while the former executives of some of the world's largest corporations get off with a few months in prison -- after being convicted of a crime that cost consumers hundreds of millions of dollars? It's like Richard Pryor said -- in our country -- justice means "just us" -- regular folks -- and not them -- the people who call the shots -- who end up in the slammer. This double standard permeates every aspect of our criminal justice system. The other day, for example, we were listening to National Public Radio, and up popped a debate about whether felons should be allowed to participate in a democracy. On one side of the debate was Mark Mauer of the Sentencing Project. Mauer pointed out that in 46 states, you can't vote if you are in prison. In 16 states, if you were convicted of a felony -- even if you get out of prison -- you are disenfranchised for life. Mauer estimated that 13 percent of adult black men cannot vote as a result of a felony conviction right now. On the NPR show, Roger Clegg, an attorney with the right-leaning and the slightly misnamed Center for Equal Opportunity (Linda Chavez' think tank), made the argument that felons shouldn't be allowed to vote. "If you aren't willing to play by the rules, then you shouldn't have a say in making the rules," Clegg said. "And people who have been convicted of felonies, which are by definition serious crimes, shouldn't be given a role in deciding how the government should be run," Clegg said. After hearing this, we called up Clegg to ask what he thought about banning corporate criminals -- like BASF and Hoffman LaRoche, who had engaged in perhaps the most egregious criminal antitrust conspiracy in history -- from "deciding how the government should be run." (Corporations of course don't vote, but they do give money to elect candidates, they lobby legislators and law enforcement officials, and they mold public opinion through their public relations efforts.) Gone was Clegg's unwavering absolutism. After much humming and hawing, Clegg admitted that "it makes sense to limit the political role of corporations when they have shown that they are not worthy of trust." But he quickly added that "because individuals and corporations are fundamentally different, you can't just apply the rules equally." Clegg questioned whether the First Amendment would allow prosecutors to strip corporations of their "rights" to influence how the government should be run. Clegg, of course, raised no
LL:AA: New International Bookshop Co-op needs supporters!
If you have an hour or more to contribute to an important left project, read on ... Dear Friend Do you know about the New International Bookshop?=20 The NIB is a resource for the left and progressive movements. As well as stocking a range of left and progressive texts, we promote dialogue, debate and the coming together of members and the community who have similar ideals and vision. We provide information, noticeboards and events for activists, unionists, students, progressive academics and anyone interested in progressive social change. We write to ask you to consider putting some time into supporting our Bookshop and Caf=E9.=20 The contribution of volunteers is the most critical factor in the New International Bookshop's ongoing viability. Without the active involvement of volunteer staff, the bookshop would be unable to operate. People who contribute time, energy and skills to the Bookshop and Caf=E9 do= so because of their commitment to the aims of the Co-operative. Some volunteers would also like to develop or extend their skills, often as a step towards employment in a related field.=20 By getting involved in the bookshop, you can: =B7 Meet people from other parts of the left ... trade unionists, older comrades, younger comrades, activists, academics =B7 Get experience in the book trade or hospitality =B7 Contribute to a vital left project =B7 Be part of the renewal and revitalisation of Trades Hall =B7 Learn more about the past, present and future of the left here and internationally Some volunteers are able to make a regular commitment to the Bookshop, whilst others contribute on an ad hoc basis. Different volunteers have different skill levels and interests, and all volunteers' contributions are welcomed and valued. At the moment, virtually all of our activities are undertaken by a small group of volunteers. This means that we are not sharing the responsibility and rewards of involvement in the Co-operative. We need volunteers to do any of the following:=20 =B7 Assist customers to find and buy the books they want =B7 Enter our stock on the computer and get it on the shelves =B7 Make suggestions about what stock we need in specific areas and (with= the Coordinator) order it =B7 Make coffees and serve food, generally help out in the caf=E9 =B7 Help with administrative tasks (filing, photocopying etc) =B7 Act as administrative assistant to the Board of Directors =B7 Publicise our events (we need help with coordination and planning, as= well as day-to-day practical assistance in getting posters out etc) =B7 Help out on stalls at left events =B7 Just sit at the front desk in our quiet times so that the Coordinator= can do work out in the back room! To discuss volunteering - for an hour, a day or more - please call Elizabeth Wheeler on 9481 6414 or email [EMAIL PROTECTED] We also welcome your suggestions about other areas in which volunteers could help to build the Bookshop into a thriving centre for left and progressive culture. Of course, you can also support the NIB by buying your new and second hand books from us. If we don't have it in stock, we can always order it in! We look forward to your support. New International Bookshop @ Trades Hall, cnr Victoria Lygon Streets, Carlton 3053 Tel 03 9662-3744 Fax 03 9662-4755 E-mail [EMAIL PROTECTED] * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *=20 What is the New International Bookshop and why should I support it? The New International Bookshop is co-operatively owned and run by people who would like to see a fairer society. It brings together a range of people from different backgrounds, campaigns, and political groups. It caters to anyone who is looking for ideas and information about changing the current system for the better. We try to stock publications that are not often available in Melbourne. Most of these take a critical look at the way that our society is organised. They propose explanations for and alternatives to a world of poverty, hunger, environmental destruction, violence, oppression and repression. Many publications celebrate the creativity and strength that we all share, and show us ways of expressing ourselves and our humanity. These publications are not just non-fiction and theory - we have novels, poetry, journals, magazines and newspapers, and even children's books. All profits go back into the bookshop to make it even better. The New International Bookshop is also a place you can find out about campaigns, special events and different points of view. Lots of different groups and trade unions use the bookshop to distribute information. If you've ever been angry about something the Government or an employer has done, this is the place to meet up with others who want to take a stand. We hold a range of special events and meetings at the bookshop - talks, discussions and book launches. You can be put on the mailing list by calling the shop on 9662 3744 . We also
LL:DDV: Support East Timorese Asylum Seekers
Sanctuary Network, with the free timor campaign, call you to A RALLY to share some (good/bad?) news Now that East Timor has secured its independence, the 1650 East Timorese asylum seekers in Australia should be able to choose whether to remain in Australia or return (temporarily or permanently) to East Timor. Some may feel able or willing to participate in the onerous task of rebuilding the East Timorese nation, but others may not. Individuals and families must be able to make their own decisions about whether to return, and if so, when and in what circumstances. At the moment, this choice is not in the hands of the East Timorese Asylum Seekers. The Australian Government has repeatedly denied them permanent residence, instead preferring to involve them in protracted court battles. In the Full Federal Court on 12 October 1999, the Minister's Counsel sought an adjournment of a test case on the basis that the Minister was reconsidering his position on the asylum seekers. He indicated that this may remove the need for the case to be finally heard by the Court. The Minister's Counsel undertook to contact the East Timorese Asylum Seeker Mr Lay's solicitor by 19 November 1999 to advise of the developments.=20 We were delighted to hear that the Minister was reconsidering his position on the asylum seekers and that resolution was possible in the near future. However we have since heard that the anticipated breakthrough is on very shaky ground. SO AT 1PM ON SATURDAY 20 NOVEMBER, WE RALLY perhaps in celebration, perhaps in outrage at the DEPARTMENT OF IMMIGRATION MULTICULTURAL AFFAIRS (Casselden Place, cnr Spring Lonsdale Streets, City) Be there in solidarity with East Timorese Asylum Seekers ... bring champagne if the news is good, placards and your anger if it's not! THE CASE FOR PERMANENT RESIDENCE FOR EAST TIMORESE ASYLUM SEEKERS There are 1650 East Timorese Asylum Seekers in Australia. These people: * Fled East Timor in fear of their lives * Sought refuge in Australia believing that our Government would fulfil its international responsibilities and deal with their applications quickly and fairly * Have been waiting for between five and ten years whilst the Australian Government has refused to process their refugee cases leaving the community in limbo * Are still suffering significant effects from the torture and trauma they experienced in East Timor * Have had their suffering compounded by the uncertainty of their position in Australia. * Have in some cases been denied Medicare and access to other Government welfare services, including viable income support * Have in some cases married Australians and given birth to children who are Australian citizens * Have friends and strong community links in Australia * Have in many cases lost loved ones, their homes and their belongings during the Indonesian occupation * Have worked hard to make Australia their home, despite the efforts of the Australian Government * Are supported by the CNRT, which has stated that it believes this group of East Timorese Asylum Seekers should be able to choose whether or not to return to East Timor, and if so, when. East Timorese asylum seekers need a good chance to recover from the devastation brought about by their experiences in East Timor and Australia. Permanent residence would enable them to begin the process of healing, to plan for their futures and to build links with other communities. It would offer hope and meaning to a community which is at present overcome by grief and loss. Add your voice to the calls for permanent residence for East Timorese Asylum Seekers! Full briefing paper is available from the freetimor website (www.freetimor.com) Contact Sanctuary Network on 9481 6414 or PO Box 547, Northcote, 3070 LL.VK -- Leftlink - Australia's Broad Left Mailing List mailto:[EMAIL PROTECTED] http://www.alexia.net.au/~www/mhutton/index.html Sponsored by Melbourne's New International Bookshop Subscribe: mailto:[EMAIL PROTECTED]?Body=subscribe%20leftlink Unsubscribe: mailto:[EMAIL PROTECTED]?Body=unsubscribe%20leftlink
