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Bad design kills people.
That's right. It's not a matter of aesthetics, or of politics, or of opinion. It's a plain fact: When you design streets solely for cars, people die as a result. The underlying conditions that are responsible for those deaths are rarely or never challenged. The victims often get blamed for their own injuries or deaths.
Don't believe me? Well, let me refresh your memory about Raquel Nelson, the Atlanta-area mother who was recently convicted of vehicular homicide, second degree -- but not for anything she did behind the wheel. No, she was crossing a busy road with three children when her 4-year-old son was struck by a car and killed.
You might have heard about the story of Raquel Nelson — nearly a year ago, her 4 year-old son was killed by a drunk driver as they crossed the street with the rest of their family. Nelson and her daughter were injured, too. The drunk driver ended up serving six months of prison, and was released, despite having two prior hit and run violations on his record — Nelson, meanwhile, was charged for manslaughter because she failed to use a crosswalk that was a third of a mile away. She faces up to three years in prison.
Outrageous absurdities abound in this case — punishing a mother more than the killer chief among them — but there’s one that hasn’t gotten due attention. And that’s the absurdity of building and maintaining communities in which it’s not only difficult to walk, but downright dangerous to do so — and then favoring the drivers within the legal system. As Grist’s Sarah Goodyear points out, bad city design literally kills.
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Nelson lived in the neighborhood right across the street, but that street happened to be a relatively busy four lane road. But the nearest crosswalk was a third a mile down the road — meaning they’d end up adding nearly an entire mile in order to circumnavigate the road as per the community’s design. The kids were tired, and it was getting dark — would you blame her for crossing that street, if you didn’t know what was going to happen next? She’d done it safely hundreds of times before.
But this time, a speeding, out-of-control driver (he was also on pills and legally half-blind), slammed into the family.
And yet our society still allocates an equal amount of blame to the mother.
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The system is penalizing a woman for failing to successfully evade a speeding car. Despite there being no good way for that woman to navigate her community without a car — the implication here is that you can be punished for not having one. All this despite the fact that we’re told to ingrain the mantra ‘Driving is a privilege, not a right’ into our heads when we apply for our drivers’ licenses. Our society indeed treats driving like a right.
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For the thousands of Americans who are detained in jail pending trial or plea bargain, the fundamental principles of due process of law and the presumption of innocence are virtually meaningless.
A two-phased experiment tested the hypothesis that the presumption of guilt that underlies police interrogations activates a process of behavioral confirmation. In Phase I, 52 suspects guilty or innocent of a mock theft were questioned by 52 interrogators led to believe that most suspects were guilty or innocent. Interrogators armed with guilty as opposed to innocent expectations selected more guilt-presumptive questions, used more interrogation techniques, judged the suspect to be guilty, and exerted more pressure to get a confession—particularly when paired with innocent suspects. In Phase II, neutral observers listened to audiotapes of the suspect, interrogator, or both. They perceived suspects in the guilty expectations condition as more defensive—and as somewhat more guilty. Results indicate that a presumption of guilt sets in motion a process of behavioral confirmation by which expectations influence the interrogator's behavior, the suspect's behavior, and ultimately the judgments of neutral observers.
A principle that requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove his or her innocence.
The presumption of innocence, an ancient tenet of Criminal Law, is actually a misnomer. According to the U.S. Supreme Court, the presumption of the innocence of a criminal defendant is best described as an assumption of innocence that is indulged in the absence of contrary evidence (Taylor v. Kentucky, 436 U.S. 478, 98 S. Ct. 1930, 56 L. Ed. 2d 468 [1978]). It is not considered evidence of the defendant's innocence, and it does not require that a mandatory inference favorable to the defendant be drawn from any facts in evidence.
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In practice the presumption of innocence is animated by the requirement that the government prove the charges against the defendant Beyond a Reasonable Doubt. This due process requirement, a fundamental tenet of criminal law, is contained in statutes and judicial opinions. The requirement that a person suspected of a crime be presumed innocent also is mandated in statutes and court opinions. The two principles go together, but they can be separated.
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A presumption of innocence instruction may be required if the jury is in danger of convicting the defendant on the basis of extraneous considerations rather than the facts of the case.
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We posited that self-expressive moral positions or stands (moral mandates) are important determinants of how people reason about fairness. Supporting this notion, we found that (a) people see some trial outcomes in morally mandated terms, e.g., that the guilty must be convicted and punished, and the innocent must not; (b) convicting a defendant believed to be innocent or acquitting a defendant believed to be guilty were seen as unfair, regardless of whether the verdict was achieved by a fair or unfair investigation and trial (Study 1); and (c) a guilty defendant''s death was seen as equally fair, and an innocent defendant''s death was equally unfair, if it was achieved by a trial that led to the death penalty or by vigilantism (Study 2). Procedural propriety only mattered when defendant guilt was ambiguous.
For the most part, state courts set their own recusal rules. According to New York University’s Brennan Center for Justice and Justice at Stake Campaign, so far, courts in nine states — Arizona, California, Iowa, Michigan, Missouri, New York, Oklahoma, Utah and Washington State — have made recusal mandatory when contributions by a party or attorney exceed a certain threshold amount or create a question about the judge’s impartiality.
Courts in two other states are considering similar proposals. But several other states have rejected stronger rules — or have actually weakened them.
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In 2009, Nevada’s top court rejected a reform commission’s modest proposal to make recusal mandatory when a judge received contributions totaling $50,000 or more from a party or lawyer over the previous six years.
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Last year, in Wisconsin — home to some of the nastiest big-money judicial races — the State Supreme Court rejected proposals to trigger recusal at $1,000 or $10,000 contribution levels. Then the court weakened the recusal standard, adopting a new rule that campaign donations or expenditures can never be the sole basis for a judge’s disqualification.
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The coalition will produce a farce of fairness
Posted by Sholto Byrnes - 31 October 2010 08:36
Exclusive: philosopher Ted Honderich calls for a general strike and mass disobedience to protest against a government of "petty careerists and PR men".
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