Month: September 2002

Is El Paso, Colorado’s Fast Track Domestic Violence Program Constitutional?

The Colorado Springs Independent has a detailed look at El Paso County, Colorado’s fast track domestic violence program.

After someone accused of domestic violence is arrested, he or she is held at least one night without bond. The accused is then offered a choice by a district attorney — accept a plea bargain or face spending a lot of time in jail if the case goes to trial. The idea is to pressure the defendant into accepting a plea bargain within 24 to 48 hours of arrest.

The problem is that at no point are defense attorneys or public defenders involved in the process. Since the accused has been locked up overnight, he or she has not had an opportunity to call a lawyer, and no public defenders or defense attorneys are parent when the plea bargain offer is made.

The Colorado Springs Independent article quotes from a number of critics of the program who believe the inability to post bond and the lack of any sort of advocate for the accused renders the entire program an unconstitutional violation of the defendant’s right to counsel.

The article notes that several people who accepted plea bargains under this procedure later had judges withdraw their please — including one man who successfully challenged his plea bargain on the grounds that it had been coerced.

An interesting side bar is that while the domestic violence advocates in the article don’t seem to object to the questionable constitutional nature of the proceedings, they are concerned about another fact — 24 percent of the defendants who go through this system are women.

The Colorado Springs Independent quotes local domestic violence activist Cari Davis as saying that something must be wrong since nationwide only 5 percent of the perpetrators of domestic violence are women. In fact, numerous studies show that men and women are roughly equally likely to engage in domestic violence. The difference in Colorado is likely laws requiring arrest of those accused of domestic violence. Rather than women being disproportionately overrepresented in domestic violence arrests in Colorado, it is more likely that women are disproportionately underrepresented in domestic violence arrests in states that give police officers discretion on whether or not to arrest in domestic violence cases.

Source:

Railroaded for domestic-violence defendants, El Paso County?s ?fast track? may not always lead to justice. Terje Langeland, Colorado Springs Independent, August 15-21, 2002.

U.S. Under Fire for Withdrawing UNFPA Funds

In July the United States drew fire for its decision to withdraw $34 million in funds from the United Nations Population Fund. The $34 million would have been spent on family planning efforts in China, but the United States maintains that the money would have ended up going to Chinese agencies that coerce women into having abortions and sterilization procedures.

State Department spokesman Richard Boucher said that,

After careful consideration . . . we came to the conclusion that the UN Population Fund monies go to Chinese agencies that carry out coercive programs. Secretary of State Colin Powell decided that . . . US funds for family planning and reproductive health will be spent through the United States Agency for International Development programs and not through UNFPA.

Both China and the United Nations criticized the move.

The UNFPA argued that its activities in China do not involve aiding coerced abortions or sterilizations. UNFPA director of information Stirling Scruggs told The BBC, “We are very sad, and we are shocked because we have never been involved in coercion in China or anywhere else in the world.”

That is a very odd sort of bifurcation. The UNFPA’s view seems to be that it is okay to work with governmental organizations that engage in coercive practices as long as the UNFPA’s work is focused on noncoercive methods. That seems to be an extreme case of splitting hairs. As the State Department noted,

UNFPA’s support of, and involvement in, China’s population planning activities allows the Chinese Government to implement more effectively its programme of coerced abortion.

The UNFPA’s idea that if it takes care of the noncoercive programs and leaves China to deal with the coercive aspects that it has no moral culpability in the matter is absurd.

Sources:

China attacks US baby fund cuts. The BBC, July 23, 2002.

US to axe family planning funds. The BBC, July 22, 2002.

Germaine Greer Calls for a Veiled Protest

Germaine Greer has called for women in Australia to protest against the war in Iraq and the clothing industry by wearing veils. Seriously.

The Sydney Morning Herald reported that Greer told an audience at the Melbourne Writers’ Festival,

Imagine if Melbourne – if Australia – became a sea of black veils … it would be a protest that would be undeniable.

. . .

When I was a young hippy I thought marching naked would be a strong protest but I don’t think it would be as effective now.

But if every woman were veiled, it would be very disturbing, at least to the clothing industry.

Greer also told the audience that women should revolt against “invasive medical procedures” such as pap smears and mammograms which she said were part of a worldwide movement to make women fear their own bodies.

Source:

Germaine Greer wants veiled war protest. The Sydney Morning Herald, September 2, 2002.

UPC vs. American Veterinary Medical Association on Induced Molting

United Poultry Concerns’ Karen Davis wrote a letter in August blasting the American Veterinary Medical Association’s recent adoption of a resolution endorsing induced molting of hens, but calling for further research into the practice.

Induced molting involves temporarily depriving hens of food which causes them to lose their feathers. The AVMA’s position on induced molting is as follows,

Molting is a natural seasonal event in which birds substantially reduce their feed intake, cease egg production, and replace their plumage. Induced molting is a process that simulates the natural molting events. Induced molting extends the productive life of commercial chicken flocks, improves long-term flock health and performance, and results in substantial reduction in the number of chickens needed to produce the nation’s egg supply. When birds return to full feed, a new plumage develops and the birds resume egg production at a higher rate with better egg quality. Induced molting also has a positive impact on the environment through reduction of waste and natural resources needed for growing more birds for egg production.

The commercial induced molting procedure is carefully monitored and controlled. Acceptable practices include reduction of photoperiod and “day length” dietary restrictions that result in cessation of egg production, but water should not be withdrawn. Intermittent feeding or diets of low nutrient density are recommended, rather than total feed withdrawal. Special attention should be paid to flock health, mortality, and bird weight. Egg quality and safety should be monitored through an egg quality assurance program. The welfare of the bids should be a major consideration in this and any management practice.

The AVMA encourages ongoing research into the effect of various methods of induced molting on the performance and well-being of laying chickens.

The AVMA’s contention about more chickens being required for egg production if induced molting were abandoned is worth elaborating on. The number of additional chickens likely needed would be enormous. An economic analysis of induced molting prepared by Donal Bell of the University of California found that at a minimum, ending induced molting would require egg producers to add at least another 400 million chickens to the production process.

In her letter to the AVMA, Davis writes,

In justifying force molting you have chosen to ignore the pathologic effects of this cruel practice on the birds: naturally molting birds do not degenerate into debilitation and susceptibility to Salmonella enteritis. They do not, in the words of Dr. Ian Duncan, “suffer enormously” as do force-molted hens, and their mortality does not “increase dramatically” as does the mortality of force-molted hens. I live with chickens, and I know that their behavior and condition when molting naturally do not match your assertions.

The AVMA rejected a proposal by the Association of Veterinarians for Animal Rights that would have put the organization on record as opposing induced molting.

Source:

An Egg Economics Update Donal Bell, University of California, April 20, 2000.

New position on induced molting wins favor. American Veterinary Medical Association, July 15, 2002.

Open Letter from United Poultry Concerns to The American Veterinary Medical Association. Karen Davis, August 27, 2002.

Ark Trust Becomes Part of HSUS

The Ark Trust recently announced that it is being absorbed by the Humane Society of the United States and will henceforth become The HSUS Hollywood Office.

In a press release Paul Irwin, president and CEO of HSUS, said of the announcement,

This is a very significant development for our organization. The past few years have seen a dramatic increase in the entertainment and news media’s attention to animal issues. The Ark Trust’s extensive relationships in this industry and its record of success encouraging vigilance in the treatment of animal issues in the medical, coupled with our expertise on animal protection issues, give us an even stronger voice in our common effort to change the hearts and minds of the public when it comes to animals.

It is interesting that HSUS feels comfortable with the sort of extreme animal rights sentiment espoused by Ark Trust. This is consistent, though, with HSUS’ ongoing habit of sending one message to the public and another message to the animal rights community.

Source:

That Ark Trust, Inc. to Become Hollywood Office of the Humane Society of the U.S. Press Release, Humane Society of the United States, August 27, 2002.