Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘voting rights’

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 »

Voting Participation Rates: A Steady Decline… Or Not?

Posted by Warm Southern Breeze on Sunday, March 26, 2017

As of today – Sunday, March 26, 2017 –  we are less than 100 days into President Donald Trump’s term in office, and his approval ratings – so far, a low of 37% –  are practically subterranean. According to Gallup, his highest approval rating thus far has been 46%, which was a three-day average shortly after he was inaugurated, from January 23-25, 2017. An average of all presidents from 1938-2017 at this point in their presidency (first year, first term) is 53%. Two-term Republican Dwight David Eisenhower (previously former Supreme Allied Commander during WWII) was the highest with a 74% approval rating in March 1953. Oft-maligned Democrat President Jimmy Carter had a 72% approval rating March 1977, and JFK had 73% in March 1961. A reminder that JFK was later assassinated November 22, 1963. More recently however, Barack Obama had a 62% approval rating March 2009.

A reminder also that the 2018 Election (aka “Midterm”) is arriving quickly, and for many, it will be one of THE MOST SIGNIFICANT elections in a lifetime, because ALL 435 seats in the House of Representatives and Read the rest of this entry »

Posted in - Even MORE Uncategorized!, - Politics... that "dirty" little "game" that first begins in the home. | Tagged: , , , , , , , , , , , , , , , , , | Leave a Comment »

Medgar Evers, Bob Dylan, Taylor Swift & Scott Beason walk into a voting booth…

Posted by Warm Southern Breeze on Thursday, June 13, 2013

Medgar Wiley Evers (July 2, 1925 – June 12, 1963) was an African-American civil rights activist from Mississippi involved in efforts to overturn segregation at the University of Mississippi. After returning from overseas military service in World War II and completing his secondary education, he became active in the civil rights movement. He became a field secretary for the NAACP. Evers was assassinated by Byron De La Beckwith, a member of the White Citizens' Council. As a veteran, Evers was buried with full military honors at Arlington National Cemetery. His murder and the resulting trials inspired civil rights protests, as well as numerous works of art, music, and film.

Medgar Wiley Evers (July 2, 1925 – June 12, 1963) was an African-American civil rights activist from Mississippi involved in efforts to overturn segregation at the University of Mississippi. After returning from overseas military service in World War II and completing his secondary education, he became active in the civil rights movement. He became a field secretary for the NAACP. Evers was assassinated by Byron De La Beckwith, a member of the White Citizens’ Council. As a veteran, Evers was buried with full military honors at Arlington National Cemetery. His murder and the resulting trials inspired civil rights protests, as well as numerous works of art, music, and film.

June 12, 2013, marked the 50th anniversary of Medgar Evers’ death in Jackson, Mississippi.

Bob Dylan’s music on Medgar Evers was recently featured on NPR’ afternoon news program, All Things Considered.

As the guest spoke, it occurred to me that the primary difference between this era, and the era of the late Civil Rights leader is that the exceeding majority of today’s youthful musicians are out for the almighty dollar, rather than speaking their hearts and minds for the causes of truth, justice, and the American way.

It’s all about the money.

And according to some, there is perhaps no better representative of the “me” generation than Taylor Swift.

Historical Racist Promotional Image - Citizen's Council of Greater New Orleans, Inc.

Historical Racist Promotional Image – Citizen’s Council of Greater New Orleans, Inc.

Not being familiar with the body of Miss Swift’s work, I must rely upon interviews with her, and from remarks by those whom are familiar with her work. And it seems that there are many who utterly despise her work, for no other reason than that “practically every song she sings is about herself.”

And in defense of Miss Swift, regarding her work, she has said, “I’ve been very selfish about my songs. I’ve Read the rest of this entry »

Posted in - Lost In Space: TOTALLY Discombobulated, End Of The Road | Tagged: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , | Leave a Comment »

 
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