Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘minority’

Texas Prosecutes Black Woman Who Made An Honest Mistake

Posted by Warm Southern Breeze on Thursday, April 1, 2021

One of the tenets of law is intentionality, which is the foreknowledge of, and intent to willfully disobey, or violate, law, and often includes recklessness as an element of intent. Intent is part and parcel of motive, and in context, often accompanies an evil, or malicious motive. In law, typically, a person cannot be convicted of a crime if there is no intent. Motive, however, is different from intention, and is irrelevant in determining liability.

Sometimes it’s said that “ignorance is no excuse for the law,” but that’s a mere colloquialism which itself has no basis in law. It’s nothing but a hollow saying, for it has no support in any way. There is such as thing as “willful ignorance,” which is an intentional, and therefore deliberate, act. And, the classic Steve Martin comedy sketch in which he presents his defense to a “foul crime” as “I forgot” is funny precisely because there are crimes which are so inherently gross in their violation – rape, murder, armed robbery, arson, etc. – that no reasonable, or sane person could ever assert that they forgot it was illegal.

Negligence is similar, insofar as there is a risk which is assumed by the offending party, which has the potential to harm another person, or property. Negligence occurs when it is likely that harm will occur from the offending party’s conduct, and knowingly engages in the risk. Again, a deliberate action.

Recklessness requires determining that the offending party should have known they were taking a risk, but the difference between recklessness and negligence is not always clear. An example of recklessness would be DUI – the offending party clearly knows they were taking a risk, and continued with the conduct. Once again, a deliberateness is evident.

However, there are crimes that are not inherently, or morally wrong, and it is impossible for any one person to know all laws. Furthermore, many laws are intricately complex, which further adds to the confusing calculus. Because of that, it puts even the most circumspect and conscientious people at risk of violating laws for which many – including legislators, legal experts, jurists, attorneys, and others – are unaware of their requirements. And in that sense, the traditional protection afforded by determining culpability before conviction is dismissed.

Most folks would agree, I’m certain, that it’s probably not too uncommon for anyone to violate a law unknowingly. And, when such a thing occurs, and someone is arrested for the same – for unknowingly violating a law – when the time for prosecution comes around (if it does), because often, such cases are rapidly dismissed by the state (government) because intentionality is missing.

The state has a responsibility to its citizens to make them aware of the law, so that they can abide by it.

But, in Texas, there is presently a case which will undoubtedly be heard by that state’s Supreme Court (though it must first be heard by the TX Court of Criminal Appeals) which raises that very question:
Can a citizen be held to account for unintentionally violating a law, when the state had a responsibility – which they admittedly failed to do – to notify the citizen of their circumstances before the law, and liability to it?

Crystal Mason

A Fort Worth, TX woman – Crystal Mason – who happens to be Black, was on supervised release for a Federal felony conviction related to tax fraud, when she cast a provisional ballot in 2016. She had been released from prison the previous year. She and her former husband had owned a tax preparation business, and was accused of inflating tax deductions on some returns which they prepared for clients, and eventually plead guilty to one count of conspiracy to defraud the government, and was sentenced to 5yrs in prison, and 3yrs supervised release. She was placed on probation for 2 of 3 other felonies, and received deferred adjudication for the 3rd.

Neither state, nor Federal authorities notified her that she was, by Texas state law, ineligible to vote until the entire term of her punishment was fully completed.

Officials who were overseeing her supervised release testified at her trial that they never informed her that she was ineligible to vote under Texas state law.

She was urged by Read the rest of this entry »

Posted in - Business... None of yours, - Lost In Space: TOTALLY Discombobulated, - Politics... that "dirty" little "game" that first begins in the home., - Read 'em and weep: The Daily News, WTF | Tagged: , , , , , , , , , | Leave a Comment »

Black Children are an Endangered Species – the Face of Modern American Genocide

Posted by Warm Southern Breeze on Wednesday, March 31, 2010

The majority of abortions

are performed in

ethnic minority communities.
Black Children are an Endangered Species - Modern American Genocide

The majority of abortions performed in America are upon ethnic minority women. Would that be called "ethnic cleansing," or "genocide"?


The Centers for Disease Control define abortion as a procedure “…that was intended to terminate a suspected or known intrauterine pregnancy and to produce a nonviable fetus at any gestational age.”

At ANY gestational age?

What about during labor? That’s any gestational age.

But then… would it be murder, instead?

A 30-year study by the pro-abortion Alan Guttmacher Institute revealed that …Continue…

Posted in - Did they REALLY say that?, - Faith, Religion, Goodness - What is the Soul of a man? | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | 2 Comments »

The Death of Masculinity?

Posted by Warm Southern Breeze on Monday, March 8, 2010

In a blog entitled “The Creative Minority Report,” a guest columnist wrote “Masculinity is dying a quick death,” and cited as proofs, examples of the less than ideal versions of men that are portrayed in media, within and without entertainment, society, politics and other venues.

Considering my reply, Blind Willie Johnson’s 1930 Gospel song “The Soul Of A Man” came to mind. The lyrics in part are “Well, won’t somebody tell me, answer if you can!
Won’t somebody tell me, just what is the soul of a man?

While to some extent I understand and agree with the tenor or spirit of the post, I think the author’s citation has critical faults – which found the premise – that essentially render the argument invalid.

Following is my reply. …Continue…

Posted in - Faith, Religion, Goodness - What is the Soul of a man? | Tagged: , , , , , , , , , , , , , | 2 Comments »

 
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