Friday, July 19, 2013

Harry Potter, Trevor and GLBTQ


I am glad you failed, too.
In case you didn’t know this, GLBTQ youngsters (I am old enough now to use this term) have a higher suicide rate than straight youth. Why? God, the reasons are many, but it boils down, in my view, to the anxiety and depression of not being accepted for who you are by ones you love and the rest of the world as well. Or the fear of this.
So “coming out” isn’t easy. It is viewed and probably is in many situations dangerous. I know a man, the father of a gay son, who for years after the boy came out would not talk to him or have him involved with any family activities. He blamed his son for choosing his gay life. They are somewhat reconciled now, and I hope will continue to grow closer as time goes on. My own son came out to us many years ago, and we are a family. His husband, officially, is a wonderful man and they are a loving couple.
 
In neither case was suicide the outcome of the anxiety of being gay. But it often is and this is where Daniel Radcliffe steps in. He is a spokesperson for the Trevor Project that exists to help GLBTQ youths through the dark days of disclosure. Is Radcliffe gay? Well, he has a girlfriend doesn’t he? You don’t have to be on the GLBTQ team to care about them, or to love them for who they are, or to be an advocate for them. You just have to not be judgmental. (Think “WWJD”. And for the rest of you, think WWWD.)

Check out the Trevor Project and watch the PSA from Harry. And remember it. You may just save a life someday. Maybe even your own
Trevor Project: http://www.thetrevorproject.org/
Image: http://pinkinourlives.files.wordpress.com/2013/01/trevor-project-girl-2.jpg.

Wednesday, July 17, 2013

Thomas University West Campus: Well Done!!!


TU Logo
I have been critical of TU in the recent past. Being an  Emeritus Professor and Honorary Alumni is a good thing, and having been through some of the darkest days and then seeing the flourishing of the recent years makes being critical even harder. I have usually been guilty of speaking out when I felt it necessary. Over the years I served TU in various capacities I opposed a number of changes I thought were ill conceived and supported many I thought were right. My concern was always for the students, the family of TU and the institution itself.
My latest and probably last remarks revolved around what I considered an ill-conceived plan to outsource all maintenance without any provision for protecting the loyal employees who carried that burden very well for years. I still think it ill conceived. It shows a total lack of caring for TU family.
 
Renovated TU Basketball Facility
I visited the Main Campus to retrieve some boxes that had been stored in the “barn” and decided to have a drive through look at the West Campus. The last time I saw it there was a huge hole in the ground and crappy looking buildings. Well let me tell you this: It looks really good now. Stark landscaping but that is ok because the vast grassy area to the front and left of the Gym will be built on soon I think. So I drove around the building (not the gym and I don’t know what it is called) and parked. I went in to take a look and ran into a former student of mine, Sarah, who greeted me with a big smile and a hug. Thanks, Sarah, nice to know one is welcome. The lobby is well done if a bit sparse, but it is a work in progress I hope. Needs some plants and art. Daryl, another old friend, joined me from his office and I quickly figured out that this is “his” building. He didn’t say that, but the pride was there in his voice. He showed me the offices, workout gym, athletic training room and the unfinished back rooms. What is finished is impressive. Nicely done and looks very functional.  First  Class.

We walked to the gymnasium which I had last seen after our last basketball game from the first attempt to have a basketball team. In those days everything was ratty except the playing floor. Now it is really nice. All new everything. First class work. Great court, locker rooms (awaiting lockers but they are coming). Everything looks good. Even the original walls and floors have a "new" look.
But more. The enthusiasm of Daryl and the other folks I talked to was infectious. The athletic department and athletic programs are really, really enthusiastic. It comes through. The West Campus is the new “old” Thomas College. Personal buy
 in; love of the place and hope for the future.

For the West Campus I say a loud ‘Well Done TU.”
Image: Google images (Problem: damn few images of TU on Google)

Monday, July 15, 2013

From the Sensei of a friend: What to say to the police.


What to say to police:

When involved in a lethal-force incident, where you fired
shots, otherwise  attempted to apply deadly force, or even brandished a gun
without firing, you'll  likely be confronted by police a short time later.
They're just doing  their job, but you need to be the one to look after your own best interests.

In light of the recent "Salinas Case" ruling by the US Supreme
Court, my  advice to students in this regard has changed only slightly.
In any event, it bears reiterating.

I've recently consulted with a group of distinguished a
lawyers, who are  also my friends and colleagues, on this subject, and what follows is in general agreement by all:

 Simply "remaining silent" is not sufficient, by itself, to assure your rights and best interests are preserved.  Interesting that we live in a country where you have to speak, in order to assert your right not to speak!
And, once one stops answering police questions and demands that his lawyer be present before continuing, he shouldn't start up again prior to his lawyer arriving. When he does, we get into an ambiguous situation, where the prosecution can later claim that, having asserted the right to
remain silent at one point, the defendant subsequently changed his mind, thus, in effect,  waiving his rights.

 In addition, one should not wait until he is arrested to invoke his  rights. Any time you are party to a
police investigation, certainly when your are "Mirandized," your rights need to be unmistakably,
unilaterally invoked, and without delay!

 Invocation of your 5th Amendment rights to decline to answer questions and have your lawyer personally present before questioning resumes must be unconditional and unambiguous. "Do you think I should have an attorney?"  won't suffice!

 No need to be snotty, but you must be clear, and you must mean
it!  Confusion and ambiguity are always the enemy! Slam the door
shut with a clear, unequivocal statement that you wish to exercise your 5th
Amendment rights, now. Don't ask them what they think!
Insisting that police call an ambulance for you that will take you to a  hospital may also be a good strategy. Most will agree that going to a  hospital to be checked-over is probably good advice for anyone who has been involved in a lethal-force incident.

 So, here is my advice when confronting arriving police in the wake of a  lethal-force incident:

Palms out at chest-level, no weapons in sight:
1) "Officers, thank God you're here!"
2) "I'm the one who called."
3) "Those men:
     (a) attacked us,
     (b) tried to murder us,
     (c) We were in fear for  our lives"
4) "I will sign a complaint"
5 "I'm happy to chat with you when my lawyer is present. I
absolutely request my attorney, and I am respectfully invoking my 5th
Amendment Rights to decline to answer any questions until he is personally
present, sir."
 It is appropriate to call officers' attention to:
    (a) evidence that may not be obvious,
    (b) witnesses who may not be  obvious,
   (c) danger that may not be obvious (eg: an armed suspect still in  the area)


Always be polite and non-threatening, but take a deep breath
and speak clearly.  Don't mumble and don't become chatty.

 Finally, when you are "Mirandized," the officer will probably ask you, "Do you understand your rights, as I've explained them to you?"

The best answer is, "Officers, I'm not answering that
question, nor any  other, until my lawyer is here, nor will I sign, nor
initial, any  document."

We could go on for many more pages, but the foregoing pretty much sums it up. You must protect yourself, as no one else will!

"After victory, tighten the straps on your helmet."
Image: http://img.docstoccdn.com/thumb/orig/79000346.png

Sunday, July 14, 2013

Race. Or Juries? Or Crappy Prosectuion?




All Failed by the System.
This isn’t about Race. This is about the laws in Florida, the Jury System, the prosecution and defense lawyers and the Constitution. Not about GZ or TM.
Something happens. A crime is charged. A District Attorney or Grand Jury, of both, agree there is enough evidence of a crime to prosecute. Now here is the clue, folks, that we live in America: Innocent until Proven Guilty. By a Jury. INNOCENT OF WRONG DOING. Get it?
So, the prosecution gathers evidence and the defense gathers evidence. Here is Florida Jury instructions, in part:

To overcome the defendant’s presumption of innocence the state has the
burden of proving that the crime was committed and the defendant
committed the crime.
It is to the evidence introduced in this trial, and to it alone that you are to
look for the proof.
The defendant is not required to present evidence or to prove anything.

 So, the prosecution must define the crime, then prove beyond a reasonable doubt the accused committed the crime.
In the GZ vs TM case, the prosecution chose to prosecute the wrong crime. The Jury unanimously found reasonable doubt on all the charges and found “not guilty”.  Carping about what should have been the outcome, or was GZ a bad man, or was TM just an innocent kid should not be the issue. The issue is did GZ do what he was charged with? The Jury said “NO” loud and clear.

Now the dissection of what a million people think happened goes on, and has no end in sight. For God’s sake folks, people are still debating the OJ thing. This never ends. But, say what you want, in the eyes of the Law, a person found “not guilty” is INNOCENT.
Maybe you could vent your hostility on, oh, the current trafficking of slaves? Or, maybe the morons who deny climate change? Continue pushing the moral lessons of this event with the hopes that things may get better some day. But don’t subvert the system by second guessing the Jury. Say “The Prosecutors Fucked Up” (quite likely they did) but go with the Jury. Lawyers around the country repeatedly say that juries have an uncanny way of seeing the “doubt” in cleaver arguments. Lobby to change the laws or even the Constitution, but move on to more important things. Life is too short.

Image: http://wordsofthesentient.files.wordpress.com/2012/08/innocence-project.gif

Reasonable doubt: http://www.law.fsu.edu/library/flsupct/SC00-906/00-906comments5.pdf