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U.S. Legal Homework

Homework 1.

  

Police to search for guns in homes

City program depends on parental consent

Boston police are launching a program that will call upon parents in high-crime neighborhoods to allow detectives into their homes, without a warrant, to search for guns in their children's bedrooms.

The program, which is already raising questions about civil liberties, is based on the premise that parents are so fearful of gun violence and the possibility that their own teenagers will be caught up in it that they will turn to police for help, even in their own households.

In the next two weeks, Boston police officers who are assigned to schools will begin going to homes where they believe teenagers might have guns. The officers will travel in groups of three, dress in plainclothes to avoid attracting negative attention, and ask the teenager's parent or legal guardian for permission to search. If the parents say no, police said, the officers will leave.

If officers find a gun, police said, they will not charge the teenager with unlawful gun possession, unless the firearm is linked to a shooting or homicide.

The program was unveiled yesterday by Police Commissioner Edward F. Davis in a meeting with several community leaders.

"I just have a queasy feeling anytime the police try to do an end run around the Constitution," said Thomas Nolan, a former Boston police lieutenant who now teaches criminology at Boston University. "The police have restrictions on their authority and ability to conduct searches. The Constitution was written with a very specific intent, and that was to keep the law out of private homes unless there is a written document signed by a judge and based on probable cause. Here, you don't have that."

Critics said they worry that some residents will be too intimidated by a police presence on their doorstep to say no to a search.

"Our biggest concern is the notion of informed consent," said Amy Reichbach, a racial justice advocate at the American Civil Liberties Union. "People might not understand the implications of weapons being tested or any contraband being found."

But Davis said the point of the program, dubbed Safe Homes, is to make streets safer, not to incarcerate people.

"This isn't evidence that we're going to present in a criminal case," said Davis, who met with community leaders yesterday to get feedback on the program. "This is a seizing of a very dangerous object. . . .

"I understand people's concerns about this, but the mothers of the young men who have been arrested with firearms that I've talked to are in a quandary," he said. "They don't know what to do when faced with the problem of dealing with a teenage boy in possession of a firearm. We're giving them an option in that case."

But some activists questioned whether the program would reduce the number of weapons on the street.

A criminal whose gun is seized can quickly obtain another, said Jorge Martinez, executive director of Project Right, who Davis briefed on the program earlier this week.

"There is still an individual who is an impact player who is not going to change because you've taken the gun from the household," he said.

The program will focus on juveniles 17 and younger and is modeled on an effort started in 1994 by the St. Louis Police Department, which stopped the program in 1999 partly because funding ran out.

Police said they will not search the homes of teenagers they suspect have been involved in shootings or homicides and who investigators are trying to prosecute.

"In a case where we have investigative leads or there is an impact player that we know has been involved in serious criminal activity, we will pursue investigative leads against them and attempt to get into that house with a search warrant, so we can hold them accountable," Davis said.

Police will rely primarily on tips from neighbors. They will also follow tips from the department's anonymous hot line and investigators' own intelligence to decide what doors to knock on. A team of about 12 officers will visit homes in four Dorchester and Roxbury neighborhoods: Grove Hall, Bowdoin Street and Geneva Avenue, Franklin Hill and Franklin Field, and Egleston Square.

If drugs are found, it will be up to the officers' discretion whether to make an arrest, but police said modest amounts of drugs like marijuana will simply be confiscated and will not lead to charges.

"A kilo of cocaine would not be considered modest," said Elaine Driscoll, Davis's spokeswoman. "The officers that have been trained have been taught discretion."

The program will target young people whose parents are either afraid to confront them or unaware that they might be stashing weapons, said Davis, who has been trying to gain support from community leaders for the past several weeks.

One of the first to back him was the Rev. Jeffrey L. Brown, cofounder of the Boston TenPoint Coalition, who attended yesterday's meeting.

"What I like about this program is it really is a tool to empower the parent," he said. "It's a way in which they can get a hold of the household and say, 'I don't want that in my house.' "

Suffolk District Attorney Daniel F. Conley, whose support was crucial for police to guarantee there would be no prosecution, also agreed to back the initiative. "To me it's a preventive tool," he said.

Boston police officials touted the success of the St. Louis program's first year, when 98 percent of people approached gave consent and St. Louis police seized guns from about half of the homes they searched.

St. Louis police reassured skeptics by letting them observe searches, said Robert Heimberger, a retired St. Louis police sergeant who was part of the program.

"We had parents that invited us back, and a couple of them nearly insisted that we take keys to their house and come back anytime we wanted," he said.

But the number of people who gave consent plunged in the next four years, as the police chief who spearheaded the effort left and department support fell, according to a report published by the National Institute of Justice.

Support might also have flagged because over time police began to rely more on their own intelligence than on neighborhood tips, the report said.

Heimberger said the program also suffered after clergy leaders who were supposed to offer help to parents never appeared.

"I became frustrated when I'd get the second, or third, or fourth phone call from someone who said, 'No one has come to talk to me,' " he said. Residents "lost faith in the program and that hurt us."

Boston police plan to hold neighborhood meetings to inform the public about the program. Police are also promising follow-up visits from clergy or social workers, and they plan to allow the same scrutiny that St. Louis did.

"We want the community to know what we're doing," Driscoll said.

Ronald Odom - whose son, Steven, 13, was fatally shot last month as he walked home from basketball practice - was at yesterday's meeting and said the program is a step in the right direction. "Everyone talks about curbing violence," he said, following the meeting. ". . . This is definitely a head start." 

Homework 2.

"

Feds Recommend Closing Saudi School in Va.

McLEAN, Va. (AP) — A private Islamic school supported by the Saudi government should be shut down until the U.S. government can ensure the school is not fostering radical Islam, a federal panel recommends.

In a report released Thursday, the U.S. Commission on International Religious Freedom broadly criticized what it calls a lack of religious freedom in Saudi society and promotion of religious extremism at Saudi schools.

Particular criticism is leveled at the Islamic Saudi Academy, a private school serving nearly 1,000 students in grades K-12 at two campuses in northern Virginia's Fairfax County.

The commission's report says the academy hews closely to the curriculum used at Saudi schools, which they criticize for promoting hatred of and intolerance against Jews, Christians and Shiite Muslims.

"Significant concerns remain about whether what is being taught at the ISA promotes religious intolerance and may adversely affect the interests of the United States," the report states.

The commission, a creation of Congress, has no power to implement policy on its own. Instead, it makes recommendations to other agencies.

The commission does not offer specific criticism of the academy's teachings beyond its concerns that it too closely mimics a typical Saudi education.

The report recommends that the State Department prevail on the Saudi government to shut the school down until the school's textbooks can be reviewed and procedures are put in place to ensure the school's independence form the Saudi Embassy.

Messages left Wednesday with the State Department and the Saudi Embassy were not immediately returned.

Several advocacy groups in recent years have cited examples of inflammatory statements in religious textbooks in Saudi Arabia, including claims that a ninth-grade textbook reads that the hour of judgment will not come "until the Muslims fight the Jews and kill them."

Saudi officials said they have worked in recent years to reform the textbooks and the curriculum, but critics say progress has been insufficient.

The school's director-general, Abdalla I. Al-Shabnan, said Wednesday that he had not seen the report. But he said the academy has adjusted its curriculum in recent years and removed some of the inflammatory language that had been included in the Saudi text. The school's curriculum may now serve as a model for the Saudi government to use in continuing its reform of Saudi schools, he said.

"There is nothing in our curriculum against any religion," Al-Shabnan said.He also said he is willing to show the school's curriculum and textbooks to anybody who wants to see them, and he expressed disappointment that the commission did not request materials directly from the school.

"We have an open policy," he said.He also pointed out that many of the school's teachers are Christian and Jewish.

The commission based its findings in part on a the work of a delegation that traveled to Saudi Arabia this year. The commission asked embassy officials to review the textbooks used in Saudi schools generally and at the Islamic Saudi Academy specifically but did not receive a response.

Commission spokeswoman Judith Ingram said the commission did not request to speak to academy officials because that went beyond the commission's mandate.

The report also criticizes the school's administrative structure, saying it is little more than an offshoot of the Saudi Embassy, with the Saudi ambassador to the United States serving as chairman of the school's board of directors. The structure "raises serious concerns about whether it is in violation of a U.S. law restricting the activities of foreign embassies."

After the Sept. 11 attacks, critics questioned the nature of the religious education at the Saudi academy. The school again found itself in the spotlight in 2005, when a former class valedictorian, Ahmed Omar Abu Ali, was charged with joining al-Qaida while attending college in Saudi Arabia and plotting to assassinate President Bush.

Abu Ali was convicted in federal court and sentenced to 30 years in prison. He is appealing his conviction.

 

Homework 3.

 

Court-tosses challenge to date-dissing Web site

By The Associated Press,
First Amendment Center Online staff
04.12.07

PITTSBURGH — A Florida-based Web site that invites women to warn others about men they’ve dated cannot be sued in a Pennsylvania court by an attorney who said its postings falsely claimed he was unfaithful and had sexually transmitted diseases.

Allegheny County Common Pleas Judge R. Stanton Wettick Jr. ruled he has no jurisdiction over the lawsuit Todd Hollis filed last June against DontDateHimGirl.com and its creator, Tasha C. Cunningham (nee Joseph), 34, of Miami.

Hollis, of Pittsburgh, claims Cunningham’s site is liable because it solicits negative comments but does not screen them for truthfulness. Hollis also is also suing those who posted comments that questioned his sexuality and said he tried to dodge paying child support.

Cunningham and her attorneys say a 1996 federal law shields Web sites from such lawsuits.

Wettick did not address that issue. He simply ruled that Pennsylvania’s court system has no jurisdiction over a Florida Web site, even though Pennsylvanians post messages on it. The ruling in Hollis v. Joseph, issued April 5, does not address Hollis’ still-pending claims against women who posted the messages.

Hollis said he didn’t learn of the judge’s decision until the Associated Press called him for comment on April 10. Hollis has not decided whether to sue the Web site again in another venue.

“I think he must have had the idea that just because you can access the Internet anywhere in the world that you can sue someone anywhere in the world, and that’s not true,” said Robert Byer, Cunningham’s Pittsburgh-based attorney.

Byer acknowledged Hollis could refile the suit in Florida or in U.S. District Court, which accepts lawsuits involving parties in different jurisdictions. “But then he’d come up against the Communications Decency Act, which says the site can’t be held liable for postings by a third-party user,” Byer said.

The Electronic Frontier Foundation, American Civil Liberties Union of Pennsylvania and Center for Democracy and Technology filed an amicus brief in support of the Web site in December, arguing that the site is protected under the CDA.

Hollis contends Cunningham can be sued because she is more than just an inactive overseer.

Cunningham’s date-dissing site has tripled in size since the lawsuit was filed, with 27,000 profiles that she markets as “a new cost-effective weapon in the war on cheating men.” Cunningham works full-time on the site and is developing others, including a Spanish language version that will launch in June.

“I think she’s shown herself to be not just a forum for conversation but actually a participant in the communications,” Hollis said. “She has edited various posts. She has also contacted the individuals who have posted to that site in an effort to, I guess, gather information. If she were only a silent blackboard, one wouldn’t take those measures.”

Lida Rodriguez-Tassef, Cunningham’s Miami-based attorney, denies that.

“In fact, it’s quite the contrary. People post what they want to post, and we don’t edit those posts,” Rodriguez-Tassef said.

One of the women Hollis sued has since filed a counterclaim, denying she made any posts. Another Pittsburgh-area woman who dated Hollis, Meritt Lattimore Dallas, acknowledged posting comments but denied damaging his reputation.

Dallas’ attorney, Laurene Beckie Kane, said much of the bad publicity Hollis received came from his own efforts to publicize his case in Pittsburgh-area media.

“If that’s affected him, that’s his own doing,” Kane said.

The following article is not a homework: 

 
Boston.com THIS STORY HAS BEEN FORMATTED FOR EASY PRINTING

Police setting up database on gangs

Officers to share reports statewide; System will rate criminal activity

It was close to midnight at his 21st-birthday barbecue in Revere when Phong Tran noticed a couple of members of his former street gang by the hedges alongside the house. Tran approached the two men, members of the Piru Bloods, in the darkness.

As Tran arrived, one man swung a full beer bottle into his face. He hit Tran twice, striking him on the eye and on the temple. According to Tran and the subsequent police report, Tran staggered away, blood pouring from his head.

"You want out now, Blood? That's a violation," Tran recalled his assailant saying. Tran said he had been "beaten into" the Piru Bloods seven years earlier, by older gang members in East Boston. Now, trying to move beyond the gang into a normal adult life, Tran had been "beaten out."

Or so he hoped.

Law enforcement investigators across the Commonwealth are soon going to have a new tool to help investigate such incidents. In early January, the Criminal History Systems Board, a state agency responsible for the law enforcement telecommunications network, plans to launch MassGangs, a database that will store information on violent street criminals by describing such factors as associates, criminal history, and tattoos that indicate gang affiliation.

This intelligence system, funded by a $1.2 million Department of Justice grant, will allow investigators to share gang-related information in "real time," adding new data to a gang member's history as it becomes available.

"This [system] will give officers on the street the freshest information that's available" on gang members, said Curt Wood , executive director of the Criminal History Systems Board. Wood also said the database will be used by the Department of Correction, which monitors activities by "security threat groups" within the prison system.

Among many other gangs based on ethnicity, there are about 30 Asian gangs like the Piru Bloods operating in Massachusetts, with more than 1,000 members, according to a 2006 study conducted by the Commonwealth Fusion Center and the New England State Police Information Network.

Today, not only in Boston, where neighborhood or "block" gangs predominate, but also in places like Revere, Lynn, Lowell, and many other communities, violent street gangs are a high priority in law enforcement.

"Gangs have risen to the number two problem after drugs in the social order," said Lieutenant John Goodwin, 46, gang unit supervisor for the Revere Police Department.

Over the past two years, analysts examined similar systems in other states, eventually developing "a collaborative tool that is unique to Massachusetts," said Wood.

Investigators from the State Police, FBI, local police departments, and several other agencies participated in the development of MassGangs, according to Wood. Investigators will use hand-held devices and facial recognition software to gather and record information, he said.

Police officers who encounter a suspect will fill out a form that assigns a point value to gang-related criteria across 17 categories, including "self admission" (five points); "known group tattoo/marking" (eight points); "group-related photo" (two points); "information from reliable/confidential informant" (five points), etc. An aggregate score of 10 or more points will register the individual as a member of a gang.

Information on those, including juveniles, who reach the 10-point mark will be maintained in the MassGangs system for 60 months. It will then be purged unless the record is updated to reflect continued gang association or activity, at which time the retention is reset to 60 months, Wood said. Access to the system is limited to law enforcement agencies, said Wood.

The system will organize information that police already gather, muting issues of privacy, said one local law professor.

"If it's a violent gang, that's information the police are going to have, anyway," said Robert M. Bloom, a Boston College law professor and former prosecutor and defense attorney. "What [MassGangs] is doing is providing that information in an organized way.

"Does it violate someone's privacy? Yeah, but your privacy is violated every time you're arrested, and the fact that you're a member of a gang is useful to future police investigations.

"Once police have that information [on gang members], whether we like it or not, they share it," said Bloom.

"If a crime has been committed and they think a particular individual committed that crime, would gang affiliation be useful in establishing probable cause? You betcha."

Gathering up-to-date information on gang alliances is the key to infiltrating and disrupting them, according to investigators.

In Lynn, police detective Bob Hogan, 43, carries a police radio, a Nextel phone provided by the FBI North Shore Gang Task Force, and his own digital camera and iPhone in an attempt to accomplish what the new MassGangs device will do more efficiently.

"If I ever get shot, all the stuff in my pockets will probably save me," he joked.

But in January, Hogan will help enter the data on local gang members that Lynn police have assembled into the MassGangs system. Lynn's database contains between 1,500 and 1,700 profiles, according to Hogan.

"Right now, if I grab a kid from Chelsea, I have to call [Chelsea Police Detective Scott] Conley on the phone," said Hogan. "To have [MassGangs] will be a lot more convenient and contain a lot more intel."

A week after Phong Tran was attacked in late August, he visited Revere Police to file a complaint against his alleged assailant, Sarith Ron, of Chelsea. According to the police report, he lost 3 pints of blood and required 30 staples to close up the wounds on his face. His eye was swollen shut and one track of staples formed an ugly, braided question mark on his forehead.

Revere gang investigator Rob Impemba and Chelsea detective Efrain Gonzalez arrested Sarith Ron on charges of mayhem and assault and battery with a dangerous weapon. Currently Ron is free on $500 bail and awaiting trial.

MassGangs will allow police to track gang members moving between tightly knit ethnic communities, according to investigators. Lowell has the second-highest Asian population in Massachusetts and an active gang culture dominated by the Tiny Rascals Gang, Asian Boyz, and several sets of Bloods, according to Lowell police and the 2006 study.

Like their counterparts in Lynn and Revere, Lowell Police have significantly blunted the impact of these gangs by collaborating with the State Police, FBI, Middlesex Sheriff's Department, and gang units from other local police departments.

On a late October evening, Lowell police detective Dave Lally is patrolling the city with a sergeant from the State Police gang unit. On this cool, rainy night, the streets are empty but just before 11, Lally hears that a "senior member" from one of the Asian gangs is willing to talk. Lowell detectives have taken him to a secure location, protecting his identity with the aim of developing new intelligence on gang activity.

Drugs, the gang's principal commodities, are shipped in by out-of-state gang members and are usually sold on the street by junior members, he tells the officers. Senior gang members typically isolate themselves from "hand-to-hand" drug dealing, referred to as "slinging," he says, by arranging for younger ones to distribute and sell the pills.

Senior gang members sometimes use profits from the drug sales to purchase guns, also brought in from out of state, that are resold, usually within the gang. The guns are used to settle disputes, referred to as "stepping on toes," when a rival gang member tries to move into the wrong neighborhood or street corner.

He "steps on my toes, he gets shot," says the gang member. 

© Copyright 2008 The New York Times Company
 

 

 



 

 

 


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