Part Two; Morality in Capital Punishment and the Wrongly Accused

Throughout history and across cultures capital punishment has been the answer to certain crimes. There were points in time where it was believed that theft was a good enough reason for being put to death, and even today there are parts of the world where a state will kill on the basis of adultery or even homosexuality. It is not hard to make life a trivial thing, and often it is the easiest answer to satisfy a desire for justice, or more often the emotional needs to victims when a crime is violent and shocking. The Christian Bible at times speaks of an eye for an eye, and at other times tells of Christ’s belief in forgiveness. I will not preach to those in pain on the power of forgiveness as that is only theirs’ to consider. But concerning the ethical development of policy I will say that law based on punishment rather than protection which denies individuals their basic human rights does not serve the people. If we as a society spend our efforts matching the depravity of others we only grow in depravity. In the words of Mahatma Gandhi; “An eye for an eye makes the whole world blind.”

There is also a danger in using the force of a state in making the ultimate decision on an individual’s life. There are trends in our modern American political culture which vehemently proclaim that the power of the state on its citizens must be limited. This is a powerful philosophy which should be considered in the idea of death being doled out by the hands of a government bureaucracy, if for no other reason than for the fact that all bureaucracies make mistakes.

What is often lost in the conversation over the death penalty are the stories of those individuals who have been wrongly convicted and have either been forced to waste years of their lives on death row or who have lost them due to the fault of the system. There is approximately one wrongful conviction for every eight executions carried out in this country (Witness to Innocence, 2011). This fact is startling and adds just another layer of ethical violations to the already weighty issue of human rights in capital punishment. Out of this injustice have come organizations such as Witness to Innocence, which is composed of exonerated death row survivors, their friends, families, and advocates. This group of people has devoted its work to freeing individuals who have been wrongly sentenced to death. There have been over 150 individuals on death row who have been exonerated across the country (Witness to Innocence, 2011), and this is in no small part due to the work done by this organization despite many obstacles.

“We can’t give new trials to everyone who establishes, after conviction, that they might be innocent. We would have no finality in the criminal justice system, and finality is important.” Judge Sharon Keller, Texas Court of Criminal Appeals

Not long ago I sat down to talk about the issue of capital punishment with Delia Meyer, a member of the Austin Human Rights Commission. Commissioner Meyer is an individual who has spent over a decade fighting this issue on the side of justice, and her knowledge is drawn from both a career of advocacy and the power of personal experience.

In 1999 Commissioner Meyer’s brother Louis was wrongly convicted of the murder of Cynda Barz, Stay Mitchell, and Michelle Fulweiler. Mr. Meyer has now spent over a decade on Texas’ death row despite the fact that 43 unidentified fingerprints were discovered at the scene of the crime and were never tested; that his DNA was not found on any of the murder weapons; and it was documented that the Austin Police Department requested that materials sent to the Department of Public Saftey on this case would only be searched for Louis’ DNA. The details of this case portrays a process where a guilty verdict came about through assumption, inadequate evidence, and a focus on expedience. There are half a dozen other examples of prosecutor and defense attorney misconduct in this case, and Louis’ family has struggled for a decade to bring these appalling inadequacies to light. It is easier to judge and demonize a man than it is to consider his humanity or to take the time and expense to adequately examine a crime. We have a system which doles out death through bureaucracy, and in the case of Louis Meyer it is a struggle of humanity and truth against the structure of that bureaucratic process. Mr. Meyers still sits on death row waiting for the day the state allows him a chance for justice or decides to commit his murder.

But it is in the most appalling of circumstances that the strongest nature of human character shows itself vibrant. As I was sitting listening to Commissioner Meyer tell her story I was filled with an element of respect and gratitude. She, along with her family, has spent a decade in a struggle with emotional layers and difficulties an outsider can only guess at. But she has harnessed her energy and passion to speak out against injustice. She has worked to educate whoever will listen, not only about her brother’s story but also about countless individuals whose lives have been affected by these state sponsored human rights violations. It is passion which changes the world, and passion can best be harnessed through the voice of experience and struggle.

Capital Punishment is an issue that has haunted the moral nature of Texas for decades. The rate in which the state puts its citizens to death is an embarrassment in the face of a national and global community steering away from such an antiquated practice. Whether through the courts or through the legislature history is moving towards change, and we are certain to get there through clarity of the issues and an acknowledgement of the fundamental human rights of all citizens of the state. But through persistence we will get there.

European Parliament. (2011). Charter of Fundamental Rights. www.europarl.europa.eu

Meyer, D. (2011). Interview. Austin Human Rights Commissioner. April 7, 2011.

Witness to Innocence. (2011). www.witnesstoinnocence.org

United Nations. (2010). GA/SHC/3996. United Nations Department of Public Information. www.un.org.

Campaign to End the Death Penalty. (2011). www.nodeathpenalty.org.

Texas Legislature Online. (2011). www.capitol.state.tx.us

The Death Penalty in Texas - Part 1

A land of freedom is never free of pain. In this world bad things can happen to good people, but a weakness of ethics lurks as a temptation to both villains and those who must address them.

The cultural history of Texas paints a portrait of Western Justice where heroes answer villainy with the revolver and the noose. There is a power in myth and the stories of a wild and free land is essential to the character of the Lone Star State, and as a Texan I take pride in our history and our culture. There is a passion in story and myth, but as time progresses and as our state becomes increasingly influential on the nation and the world, there are places where our culture must examine itself and change policy when progressive morality dictates. Passion is powerful, but it must not be a blinder towards true justice, ethics, or human rights.

The death penalty is an issue which the nation and the world have long struggled with. What was once common across the globe has become an increasingly diminishing practice in an era of globalization, social media, and international scrutiny. The European Union’s Article 2 of its Charter of Fundamental Rights strictly prohibits the use of capital punishment (European Parliament, 2011), and the United Nations General Assembly has adopted non-binding resolutions calling for a global moratorium on executions in 2007, 2008, and 2010 (United Nations, 2010). There remain 74 countries across the globe which continue the practice of capital punishment, but among those the vast majority of executions occur in China, Vietnam, Iran, and the United States (Campaign to End the Death Penalty, 2011). The U.S., which currently has 3,200 individuals living on death row, is one of the last developed nations in the world which still puts its citizens to death (Campaign to End the Death Penalty, 2011).

Texas is at the forefront of this national issue. Since 1982 the state has executed 452 individuals including 152 people under former Governor George Bush, and 213 under Governor Rick Perry (Campaign to End the Death Penalty, 2010). Across the nation the state has the highest rate of executions, but some of the lowest rates of education and social services. It is a sign of the culture’s need to shift its priorities when it is more willing to make decisions on the death of its citizens then their well-being.

The highest criminal court in the land is the Texas Court of Criminal Appeals, which has long shown itself to tilt in favor of being ‘tough on crime,’ even to the point where CCA judge Sharon Keller has described herself as being “pro-prosecution” ( Campaign to End the Death Penalty, 2010). The mantra of being ‘tough on crime’ is an easy stance for a politician to take for the sake of reelection. However, after 30 years of becoming increasingly ‘tough on crime’ our state now has some of the highest rates of incarceration, and as previously noted, the highest rates of capital punishment in the nation. Under current law an individual can even be put to death for simply being a party to a capital offense whether or not they were involved or aware of the actual perpetrators intentions in committing a capital offence (Campaign to End the Death Penalty, 2011). This is just one example of where politics has gotten in the way or reasonable policy on the issue of capital punishment.

This year the Texas Legislature has convened for its 82^nd session, and Representative Borris Miles of District 146 has attempted to address this so called ‘Law of Parties’ by authoring House Bill 2200 which “would require courts to hold separate trials for two or more defendants who are indicted for the same capital felony for which the state seeks the death penalty for any one of the defendants” (Texas Legislature Online, 2011). Other examples of the State Legislature attempting to address the issue of capital punishment include House Bill 1641 sponsored by Representative Harold Dutton of District 142, which would establish a moratorium on executions and create a commission to study capital punishment in the state (Texas Legislature Online, 2011). There is movement happening on the issue of capital punishment, and even if each of these bills face the challenges of an unsympathetic majority or of a Governor’s veto, those lawmakers must be acknowledged who are courageous enough to stand up against capital punishment and for social justice.

Persistence is the only way to create change in the cold hallways of the state capital, and Texas’ disturbing rates of capital punishment must continue to be addressed even if this is not the year where policy will be changed. Across the state people have been galvanized by the injustice of this system, and their voices will eventually make the difference. Groups such as the Texas Moratorium Network, Texas Coalition to Abolish the Death Penalty, The Innocents Project developed at the University of Houston, and Students Against the Death Penalty are just a few who have formed and are out there now doing critical work on this issue.

On October 13^th of this year Witness to Innocence with be holding its annual conference in Austin, and during this same weekend the annual march to abolish the death penalty will be held. This is a remarkable chance for each of these groups, the innocents, the families of the slain, and sympathetic citizens from across Texas to gather at the State Capital and let their voices be heard. It is a chance to stand up against injustice and to ask our leaders to take a step towards morality and a better future for the state.

Current Immigration Bills 101

Immigration is a huge topic in Texas and many agencies,  advocacy groups, and blogs are dedicated solely to this extensive issue. Immigration is a complex issue because “the United States has never developed an immigration the effectively grapples with the global forces that drive migration. Ad hoc efforts to respond to certain effects of global migration have consistently failed to deal realistically with the problems and blessings of migration. “ (Chacon, 2005).


For the purpose of this blog I would like to give a basic overview of some of the bills that have been submitted to the 82^nd Texas Legislative Session. 

HB 1202

This bill authored by R- Debbie Riddle will create a law in which employers that hire an illegal resident can face prison sentencing. The controversial exception in the law is for someone working “exclusively or primarily at a single family residence” such as maids and landscapers. Riddle states that the law is aimed at large businesses and corporations who knowingly hire illegal employees. Employers would have to prove that they made a “substantial effort” in verifying employees‘ working status. What ever happened to innocent until proven guilty? If this bill is passed it will increase state prison population by an estimated 4,000-20,000, costing the state $1.2 million. With our current budget crisis, what makes one think that ADDING costs would be a good idea? Luckily the bill has been left pending in committee since 4/13/2011 and hasn’t made much progress.

HB 17

The bill would create the legal offense that illegal aliens would be considered trespassing and create procedures for arresting these individuals. Again, this would increase our prison population, costing the state money it cannot afford. The status of this bill is that it is still in committee.

HB 292

This bill is written by R- Leo Berman who is known for his outspoken racism. This bill states that children born in the United States with neither both parents citizens of the US will not receive birth certificate. When applying for a birth certificate, two spaces will be added to the form asking about the parents’ citizenship. Children will receive a “notice of birth” in place of a birth certificate. This is a clear violation of the 14^th amendment which states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside” If this bill is passed it will most likely be quickly reversed by the courts and seen as unconstitutional.

HB 294

Another bill written by Leo Berman. The bill, if passed, would deny any illegal alien the right to be in any Texas Court.  An illegal alien could not file a lawsuit, and if filed against, could not counter-claim or cross-claim.  Such a person could not request that the Court provide him/her with legal or equitable relief which plain speakingly means that the person could be sued, but would be prohibited from answering the lawsuit. The fact that this bill is even proposed is insane and will almost certainly be deemed unconstitutional.

HB 22

This is another bill is submitted by R-Debbie Riddle. The passage of this bill will require that public schools keep track of the immigration status of their students. When enrolling in school, families must submit a copy  of birth certificate or other proof of residency “for inspection” prior to entering the school. If families cannot provide the proper documents then they will be denied the chance to receive a free education. Preventing the education of any child in Texas is inherently unconstitutional. Schools would become law enforcement and immigration agents instead of educators to our children.

HB 21

Also filed by Riddle, this bill would require that state agencies report the costs of providing benefits to undocumented immigrants. Local governmental entities that receive state grants would also be required to submit that information to the grant provider. The purpose of this bill is to keep track of spending towards services for undocumented citizens and could play a major impact on future funding. 




Look up these bills and keep track of their progress! 
http://www.capitol.state.tx.us/BillLookup/

Chacon, J. (2005). Misery and myopia: Understanding the failures of u.s. efforts to stop human trafficking.

Cutting education only makes matters worse

Continuing our discussion of human rights in Texas is the topic of the Texas public education system. Article 26 of the Universal Declaration of Human Rights states:

• (1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
• (2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
• (3) Parents have a prior right to choose the kind of education that shall be given to their children.

 With the current budget crisis that the state is in, over $4 billion is being cut from the education budget resulting in thousands of job losses. In Austin ISD 800 teaching contracts will not be renewed for the 2011-2012 academic year. Less teachers does not mean less students; class sizes will expand and schools that are currently working at capacity will be forced to find room for students that were attending schools that were closed. Its important that legislators and superintendents remember that each of those numbers represents a child that has a future of their own and cutting costs to fit within a budget is severely jeopardizing their potential.

 On April 1, 2011 House Bill 275 was passed in the Texas House of Representatives. This bill provides $3.1 billion from the Rainy Day Fund and $300 million sales tax revenue to help alleviate the stress of the budget deficit. Unfortunately, this only softens the blow to our education system. Cuts will still be made and children's education will still suffer. 

Appropriations Committee member Mike Villarreal, a Democrat, said that without using the rainy day fund for 2012-2013, the state budget will lead to closing nursing homes, firing teachers and packing more children into classrooms. "The governor doesn't mind using the fund to avoid the embarrassment of not paying our bills for the next five months, but he refuses to use a single dime from the fund to limit the damage to our children's schools," Villarreal said.

F. Scott McCown, contributor to the Austin Statesman is appalled by the state's efforts to reduce spending by cutting education. "Governor Perry has things backwards. Texans aren't supposed to protect the Rainy Day Fund. The Rainy Day Fund is supposed to protect Texans," McCown said. "Voters created the Rainy Day Fund by constitutional amendment in 1988 to offset unforeseen falls in state revenue just like the state faces in 2012-13. The Legislature and Governor should use the Rainy Day Fund to bridge the revenue hole created by the Great Recession."

 If the state determines a way to continue funding education at its current levels it still isn't providing an adequate education for our children. A comparison by the National Education Association shows Texas spent an average of $9,227 per student in the 2009-10 school year, placing it $1,359 below the national average. This figure puts Texas in 37^th place for school funding, compared to other states and the District of Columbia. It also represents a significant slip from ten years ago, when Texas ranked 25th in the U.S. and was only $281 below the national average in per-pupil spending. In other rankings for recent years, Texas has placed as low as 43rd or, with the inclusion of capital costs, as high as 36th. But by any measure, we’re well behind the majority of U.S. states in per-student funding.

Texas Education Agency submitted a legislative brief to the legislature on December 1, 2010 evaluating the college readiness of Texas public schools and proposes the Success Strategic Action Plan. To look at the results that TEA found, check out Legislative Progress Report on P-16 College Readiness and Success Plan

Texas Public Policy Foundation (TPPF) is a think tank that focuses on areas in Texas state policies. In March 2001 they published "Budget Solution$: Closing Texas' Budget Shortfall" and included a section on how they proposed the state should cut education to fit the budget needs with having as little impact on the students as possible. Some proposals included reducing funds to Texas Education Agency ($6.6 billion), eliminating Regional Education Service Centers ($42.75 million), eliminating pre-kindergarten programs ($208.6 million), reducing contribution to teachers' pension to the minimum 6 percent ($200 million) and reductions to higher education ($2.03 billion).

The largest cut that the TPPF proposes is the way we pay our teachers. They suggest that we remove the teacher salary schedule and restrictions on hiring and firing teachers. Currently, teachers are rewarded increased salaries based on the amount of time they have been teaching regardless of performance. Also the process of removing an ineffective teacher is almost impossible. By removing these regulations, TPPF suggests that teachers will be rewarded for performance and this will allow for fewer, more qualified, and better paid teachers. Class sizes would increase from 22:1 to 25:1 which they believe will not negatively impact education quality in the classroom. This plan will cut the fat of ineffective teachers from our schools while improving teacher performance.

I disagree with this plan. While I do believe that higher performing teachers should be rewarded for their efforts, I do not believe that increasing classroom sizes is a valid option. Also how will the state determine "effective" teachers? More testing of our students? Students' performance on a standardized test is not solely indicative of a teachers' worth. Standardizing this process would be a disaster and harm our students' education instead of improving it.


Read more!

Texas Public Policy Foundation's Budget Solution:
http://www.texaspolicy.com/pdf/2011-BudgetSolutions-ArticleIII-Education.pdf

Huffington Post, use of the Rainy Day Fund:
http://www.huffingtonpost.com/2011/03/15/rick-perry-rainy-day-fund_n_836339.html

Save Texas Schools campaign, comparing Texas public education system to other states': http://savetxschools.org/2011/02/how-we-stack-up/

The Statesman, how cutting education hurts students:
http://www.statesman.com/opinion/mccown-texas-shouldnt-reduce-spending-at-the-expense-1353445.html

UN Declaration of Human Rights:
http://www.un.org/en/documents/udhr/index.shtml

Human Trafficking laws

Human trafficking is defined as “the recruitment, harboring, transporting, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, slavery, or forced commercial sex acts” (SEC. 103 (8) Trafficking Victims Protection Act, 2000). Currently in the United States human trafficking is the second largest crime next to drugs (MSNBC). According to the US State Department, an estimated 14,500 to 17,500 immigrants are trafficked into the United States each year; this number does not include the thousands of American citizens that are also trapped into our country’s sex slave operations.

          

Human trafficking is the second largest crime in our country with its roots in Texas. One in five trafficking victims are in Texas and Houston serves as the central port for human trafficking (TABC). Immigrants are “brought to Houston, beaten and raped, drugged into submission before being sent to clandestine bordellos all over the country” (Carroll, 2009).

Human trafficking is slavery. It is unacceptable that slavery is so blatantly occurring in the United States. Our country stands on equality and that everyone has the right to equal treatment in the workforce. It is a widely accepted value that reasonable working hours for one person are 40 hours per week. When an employee works beyond 40 hours they are viewed as going beyond the standard and receive incentives for their extra work such as overtime or recognition. Human trafficking victims do not receive these basic rights such as days off from work and holiday vacations. Women must work seven days a week every week of the year. These victims face the damaging psychological factors of sexual abuse in addition to exhaustion and unreasonable working hours.

Human trafficking is about forced labor and servitude. Women are forced into performing sexual acts against their will for money they will never personally receive. Their freedoms are taken away and they are modern day slaves trapped in the sex trade within our own borders.  This modern day slavery begins in the state of Texas and therefore it is our responsibility to make it stop.

Several bills have been submitted to the Texas Legislature this session pertaining to human trafficking. The most difficult problem with reducing this crime is the strict regulations that make it almost impossible to prosecute any violators. The current bills, SB 98, SB 24, and HB 7 all propose methods for law officials to be able to crack down on those trafficking individuals for labor and sex crimes. SB 24 suggests a 47 member Human Trafficking Prevention Task Force that would include the governor and many statewide law officials. The law also increases jail time for offenders to 25 years, automatic life sentences to repeat offenders, and a felony for those who traffic children. Prior to this law, human trafficking was limited to sex trafficking. This law will increase the definition to also include labor trafficking. The law will also provide a certain measure of legal protection for victims, giving children forced into prostitution provisions similar to sexual assault cases. The bill has passed and will be enacted into law. 

 

Resources:

Attorney General of Texas. 2010. Attorney general convenes human trafficking prevention task force.

Carrol, S. 2009. Houston Chronicle. Tighter laws on traffickers get results.             http://www.chron.com/disp/story.mpl/metropolitan/6626053.html

Central Texas Coalition Against Human Trafficking. 2006. Does human trafficking really happen here? 

MSNBC. Sex slaves: Texas. Aired November 8, 2010.

http://news.change.org/stories/victory-texas-passes-tough-anti-trafficking-law

http://www.gosanangelo.com/news/2011/mar/24/texas-senate-toughens-human-trafficking/

Advocacy and Social Work

We live in a challenging period of time for both the nation and for the State of Texas. Resources have become scarce, and during such times it becomes essential to effectively balance growth, contraction, and preservation of social programs. But difficult times are not an excuse for the state to abandon its people, nor are they an excuse to deny the fundamental human rights of adequate education, good health, and public safety. In these times it is the responsibility of those who work in the social services to be the voices and advocates for the growing masses of the disempowered across the state.

The 82nd Texas Legislature has already proven to be one of the most difficult and contentious sessions in decades. The Republican majority is one of the largest in years compromising two thirds of the State House of Representatives as well as controlling the Senate and the governorship. It has taken the dramatic budget shortfall, which is expected to be between 15 and 25 billion dollars, as an excuse to decimate numerous state programs. The majority is using the recession as an answer to its philosophy of small government by claiming that this mess is caused by too much spending despite the fact that this budget shortfall is actually the consequence of irresponsibly lowering taxes for the sake of politics. Is our fiscal situation really the consequence of too much spending or is it rather too little revenue? By cutting state spending and by closing or dramatically minimizing state offices we will be undercutting the fragile economy of the state and further putting people out of work. If this is the case then social service agencies will prove to be one of the hardest hit, and consequently thousands of people will be harmed. Now is a time for the voices of Social Work, from policy maker to practitioner, to stand up for the people of Texas.

Other than the budget shortfall there are many proposals moving at the capital which will be affecting the social work profession. Representative Elliot Naishtat of district 49, who holds a Masters of Social Work from the University of Texas, is the only social worker on the hill and is an ardent advocate for the profession. Some of his contributions in this 82nd session include HB 1779 relating to an exemption from private security regulation for social workers (pending) and HB 1797 relating to the licensing and practice of social work (referred to Human Services Committee). Now is a time for self preservation, and though programming will likely be cut these budget neutral proposals might be some of the best steps which could be taken this year to improve the profession. All signs point to cuts in programming being inevitable, though the size and scope of these cuts are still unknown. Whatever the case this industry-wide challenge is an opportunity to strengthen the advocacy arm of the social work profession. These dire times will not last forever, and in times of distress there is good reason to organize.

On Thursday March 3, 2011 hundreds of social workers from across the state converged upon the capital for Social Work Advocacy Day organized by the Texas chapter of the National Association of Social Workers. They were there in mass, wearing teal as a sign of professional unity, energized and invigorated at the chance to tell their stories and promote the profession. Throughout the day hundreds of advocates including students, teachers, and practitioners of every age went from office to office across the capital speaking with aids and lawmakers about the Texas NASW legislative agenda. One of the day’s highlights took place in the middle of the morning when advocates gathered in the Texas House Chamber to hear Representative Naishtat read HR 177 which recognizes March 2011 as Professional Social Work Month. Sometimes acknowledgement is the most important morale booster, and this moment in the chamber was a powerful statement to all those who were present that the hard work and countless hours done by social workers is appreciated on some levels by the state.

In the coming months social workers along with all advocates for human rights in the state must speak out. Will their voices be enough to stop the upcoming assault? Will their critical message of social justice for the people be received and acted upon? No, probably not. This year will likely be a step backwards for social services and human rights in Texas. But it is not an end to the fight! This setback is an excuse for unity and for a growth and strengthening of the advocacy within social work. This voice has a critical role to play in the future, and the fortunate thing about politics is that nothing is ever set in stone. As this probable budget is implemented there will be a backlash and that moment will be an opportunity for those with a true concern for improving the lives of everyday Texans to help steer the state back towards a promising future.



More information on pending legislation can be found at:

Texas Legislature Online. (2011). www.house.state.tx.us