Showing posts with label rights. Show all posts
Showing posts with label rights. Show all posts

Saturday, July 4, 2020

The Cha-Cha Dance of American Democracy


July 4th is nationally recognized as a day to celebrate American independence from British rule. And while this is definitely a day to celebrate and be thankful, it is also an opportunity to take a step back and give our current situation serious thought.

The preamble of the Declaration of Independence states, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed. That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."

Inspiring words, written by many equally inspiring individuals. While the Declaration of Independence is not a legally binding document, it does state the premises that America was founded upon, and under current political conditions, it brings to mind the question of whether or not our current government is upholding those premises.

"All men are created equal." While technically at the time this was written, they didn't exactly mean every human being in the country - women were considered inferior and anyone of color was given the asinine designation of 3/5 of a person (which is stupid - how is that even evolutionarily possible?!) - thanks to the 13th and 14th Amendments that issue was legally rectified.

Unfortunately, hundreds of years later, we are still experiencing some of the same biased, unenlightened rhetoric that existed back then. If everyone is equal and entitled to the same rights and due process then why are people of color subjected to harsher judicial punishments, rampant profiling, and far higher instances of death during an arrest than their caucasian counterparts?

One of the current arguments at hand is the existence of the American police force. Many groups are claiming that the origins of the police as we know it in the U.S. are slave patrols. The reality is, that fact is only true in the south or what would have been the confederacy during the American Civil War.

The earliest examples of policing were night watchmen in the 1600s created to protect colonial shipping interests (what would now be considered corporate interests). Many of the colonial night watchmen were actually criminals given the duty as a punishment - which speaks even more broadly to corruption in the police force that dates back to its origins - but the point I'm making here is that not all police forces in America date back to slave patrols. However, since according to the preamble "when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security" changes MUST be made to our country's current outdated policing, judicial, and legal system tactics. If everyone is now truly equal under Constitutional protections, then policing efforts should reflect that fact and not randomly backslide into colonial-era mentality.

In a truly interesting article entitled "The Stylistic Artistry of the Declaration" written by Stephen E. Lucas, it is noted that the Declaration of Independence actually contains a series of five propositions each building upon the other. First, "all men are created equal," which leads to "they are endowed by their creator with certain unalienable rights," which then leads to "among these (rights) are life, liberty, and the pursuit of happiness." 

Those first three propositions lend themselves directly to the final two "to secure these rights governments are instituted among men" and the final and what I think is the most important "whenever any form of government becomes destructive of these ends (meaning the aforementioned rights of everyone) it is the right of the people to alter or abolish it."

Now obviously the American forefathers were referring to unreasonable royal rule by King George from an ocean away, but our current political situation isn't honestly that much different. America has a presidency and federal government that may technically be considered 'elected', but between the electoral college that seems to override the popular vote (which should be considered the true "will of the people") and proven foreign government interference in the electoral process, our country is largely being governed by a group of narcissistic, money-grubbing nihilists that are far more concerned with personal lobbyist payouts than the needs of the populations whom they're supposed to represent. 

This fact is especially true at the leadership level - the presidency in particular. When Donald J. Trump originally took office, there were many that labored under the delusion that putting in place someone to run the country with the strategy of a corporate business would alleviate many of the perceived economic issues. In theory, that may have sounded like a good idea, but in reality, when you put a corrupt corporate leader who bankrupts his own companies, prefers to shoot first and ask questions later when it comes to policy dealings, finds the company of totalitarians and dictators preferable to that of reasonable democratic leaders, and seems to think that all White House staff and advisors should be treated like contestants in his former reality show (complete with weekly firings and social media bashings), you've literally created a situation that sends America straight down the road of tyranny that our forefathers fought so hard to eradicate.

So what can we do? First and foremost, Speak Up. No matter whether it's phone calls and letters, opinion editorials, news interviews, taking part in peaceful protests, testifying at your local and state hearings, or (especially!) the simple act of voting - the only way we are going to turn this governmental travesty around is by making the people's voices heard. 

That last point, VOTING, is incredibly important. 

Vote to end the electoral college (which was created in the late 1700s when this country was widespread and vastly undeveloped to ensure that those who did not have access to information about the presidential candidates were properly represented in the voting process - which is obviously now a moot point and has been for a long time). 

Vote to ensure term limits. It's far more likely that someone who only is allowed to hold an office for a few terms will put forth and enact legislation in the best interests of the people that they represent instead of the interests of the highest paying lobbyist that approaches them.

Vote to remove blatant corruption from elected office. The cast of players that currently hold power looks a lot like a Shakespearean tragedy. Thieves (example: Richard Burr - NC), villains (example: Mitch McConnell - KY), and groups of despots (prime example: Donald Trump, et al) abound.

Change happens one small step at a time, and even though sometimes it feels like for every step forward there are two steps back, it's all worth the effort when that perceived cha-cha of effort ultimately gets us where we need to be. 

So on this national day of thankfulness and remembrance let's be thankful for the sacrifices of those long before us that gave their lives to ensure our freedom - and let's also think and move forward to make sure their sacrifices did not go to waste!


~ The Girl In The Little Black Dress

Wednesday, October 24, 2018

A Survivor's Take on Marsy's Law

Politics are a messy business.  This country was founded on the rights of all citizens to be heard, and to be considered equal.  It was also founded on the premise that anyone accused of a crime is innocent until proven guilty.  That's easier said than done.  There is always doubt.  There are always multiple sides to every story, and in that same vein, each side honestly believes that they are correct in their recollection of the incident.  But what about when there is undeniable proof of a crime?  What happens when the accusations are over, and the hearings, or the trial, are over?  What happens when the restraining orders expire and there are no longer legalities rolling through their governmental red tape processes?  Are the victims of said crime magically healed?  Is the accused suddenly reformed?  Do the rights of one side take precedence over the other?

A few years ago, I unwillingly became a survivor of domestic violence. This is not something that I have shared previously with all of you.  Partially because I am not a person to air personal issues publicly, partially because I was scared of him and did not want the backlash, and partially because no one wants to admit that some proverbial ogre got the better of them.  No. More.  I did not get insanely beaten up, but I was threatened, badgered, verbally battered, bruised, and verbally abused.  My home was trashed and physically shattered, my children and pets were endangered, and I ended up being diagnosed with post traumatic stress disorder from the ordeal.  I lost my confidence, my courage, and my trust in humanity.  Throughout the initial court process a group called Safe Alliance was my lifeline.  They walked me through every point of the process, got me a qualified lawyer to represent and fight for me when I could not, and gave me hugs when I was too terrified of the world to walk out into it.  But they could only go so far.  When my abuser was released from psychiatric commitment, I was not notified by the hospital nor the authorities, I was told by a close friend of his that was concerned for my safety.  After my abuser continually violated the restraining orders I had against him, and months later was jailed for similar crimes against others, I was not notified of his release, nor of the fact that he had reentered the area.  I was notified that he was working in an area nearby by another concerned friend of his, never by law enforcement or the district attorney, as the current law states should occur.  This man ultimately put my children at risk with his violent behavior and threats, and created a hell on earth life for me where I was so terrified of him that I blamed myself for the violence, cowered in fear in my own home, and felt it necessary to push large furniture against the doors nightly for months, until I moved residences without a forwarding address.  Even though there are still, to this day, warrants out for his arrest because of his multiple restraining order violations, the restraining order extension has expired. I worry every time I walk outside and am in constant stress about my children being away from home.  It's no way to live, truly actually Live life.

Marsy's Law is a constitutional amendment on the ballot this election.  Essentially it strengthens protection for victims of crime.  From requiring notification of hearings, escape, parole, and release, to allowing victims to appear at hearings and speak at such, it's a step in the right direction for victims' rights ... IF it's enforced.  Currently, the law in North Carolina states that notification is required "as soon as is practicable, but within 72 hours after identifying a victim covered by this Article, with ...".  It goes on to list available medical services, crime victims' compensation, address and phone number of the district attorney, and access to applicable law enforcement that should be given to the victim involved.  Seeing as my abuser managed to begin violating the initial emergency restraining order within 24 to 36 hours, and even though I called 911 and had all my paperwork, he ran away before they could arrest him, and the police didn't feel it was worth the effort to chase him down, the 72 hour thing appears to be a useless venture.  Furthermore, while the domestic violence team of my local law enforcement agency did do a great job of contacting me on a weekly basis for the first 6 to 8 months after the hearing, no one ever alerted me to his movements or release from any psychiatric or correctional facility.  In dealing with the healing process involved for not just myself, but also my family, those "heads up" moments would have been extraordinarily helpful.  Instead we, as a family, suffered emotional setbacks and continued worry and constant fear due in part to a lack of communication by the authorities and judicial system.  I would hope that my experience would not be the case for victims of felonious violent crime, as domestic violence is only considered a 'misdemeanor',  But, isn't any violent crime against another human being worth preventing and protecting, regardless of what 'label' the law puts upon it?

I know that there are those out there that will argue that once people serve their time, they should not have to endure a life sentence of judicial recrimination.  The ACLU is actually one of the groups lobbying against this Amendment. While I agree with many tenants of what the ACLU stands for, as a survivor of domestic violence who felt failed by the supposed protections of the law during my ordeal, I have a real problem with how our current laws actually follow through on violent crime cases.  I made the mistake of trusting my attacker for years before he brutally betrayed that trust, and still have trouble not startling when I hear noises while walking, or instinctively flinching when I'm not expecting the passing touch of someone nearby.  I cannot imagine what those who endure random violent crime experiences must be facing on a societal trust basis daily!  This Amendment can do wonderful things for those of us that have triumphed over the violent behavior of others, but Only if it is Actually and Consistently Enforced.

I implore law enforcement to take victims' rights seriously, and to actively attempt to enforce what the law already says.  In the hope that Marsy's Law is passed, I beg both law enforcement and the district attorney's offices to adhere to All Notification Stipulations Without Fail.  I know what acquiring post traumatic stress disorder in, what should be the safety of, your own home is like ... I can't imagine the hell that survivors of violent crime in random situations go through daily.

If nothing else spurs you on, then allow this blog to do so.  Get Out There And Vote.  Make your voice heard, and, vote your conscience for this Amendment.  Allow your voice to do for others what violent offenders strip their ability to do for themselves.

~ The Girl In The Little Black Dress

For more information on Marsy's Law:
https://marsyslaw.us

For more information on Safe Alliance:
https://safealliance.org

The National Domestic Violence Hotline
https://www.thehotline.org

Wednesday, June 12, 2013

Ego versus Empathy

"Everybody's got the right to be, happy. Everybody's got the right to feel free! Rich man, poor man, black or white, grab the apple, take a bite! Everybody's got the right to their dreams!"

Lyrics. I'm currently choreographing a musical theater show titled "Assassins". It's a poignant dark comedy, but those lyrics seem to hit home in so many other areas.

Why is it that some people feel it is their right to attempt to take away the rights & dreams & happiness of others?  From something global like the former Apartheid or the current Middle East jihad unrest, to something national like Gay Marriage Rights, or something more personal like nasty divorces or custody battles. In every single case, it ultimately boils down to the views & values & beliefs of one person versus that of another. While basic laws must be in place for a civilized society to exist, who is anyone of us on this planet to judge what makes another happy or what their dreams & path in life should be?  Who among those of us that walk this earth are so perfect, They should be given the right to pass that judgment? 

Civil wars throughout the world, opposing political party viewpoints, children being denied one parent simply due to the views of another ..... all of these are tragedies that occur when one human takes it upon themselves to stand on a soapbox & proclaim that their way of doing things is the only one that is correct.  It's sad.  It's egotistical.  It's just plain demented.

Last I checked, no matter what your theological beliefs or moral value systems are, the Constitution of the United States of America proclaims that All are Equal. If that truly is the case, then who is any of us to judge the thoughts, feelings, belief systems, & lifestyle choices of anyone except holding our own selves accountable?

So you're religious? Why can someone else's religious beliefs not be as equally valuable to them as yours are to you? 

So you're straight? Why can someone else's gender preferences not be as equally viable to them as yours are to you? 

So you're divorced? Well you obviously had differences of opinion to begin with or you wouldn't be divorced.  Why then must your children suffer because you personally disagree with lifestyle choices your ex is making, as long as the children are loved & cared for by both sides?

Unfortunately, thanks to the overinflated egos of many humans out there, a utopian society of true empathy, compassion, & understanding will never truly exist.  However, if my thoughts cause you to take a tiny step back & reassess what the overarching good of a possibly tumultuous situation might be the next time you encounter such a thing ...... Just saying ......

~ The Girl In The Little Black Dress