Prisoners are more likely to be granted parole early in the day or after a break such as lunch, according to researchers The adage that justice depends on what the judge ate for breakfast may not be far from the truth, according to a study of more than a thousand court decisions. The research, which examined judicial rulings by Israeli judges who presided over parole hearings in criminal cases, found that judges gave more lenient decisions at the start of the day and immediately after a scheduled break in court proceedings such as lunch. Jonathan Levav, associate professor of business at Columbia University , who co-authored the paper, said: “You are anywhere between two and six times as likely to be released if you’re one of the first three prisoners considered versus the last three prisoners considered.” The authors of the peer-reviewed paper looked at more than 1,000 rulings made in 2009 by eight judges. They found that the likelihood of a favourable ruling peaked at the beginning of the day, steadily declining over time from a probability of about 65% to nearly zero, before spiking back up to about 65% after a break for a meal or snack. Levav said the paper had implications for British judgments. He said: “What we’re finding here is a basic psychological effect, and there’s nothing different between the psychological effect on a British judge and an Israeli one.” The only other variables that influenced a judge’s ruling were the number of times a prisoner had been to jail and the presence of a rehabilitation programme. Other factors, such as the severity of the prisoner’s crime, prison time, sex and ethnicity tended not to exert an effect on the rulings, according to the paper, which is published in the Proceedings of the National Academy of Science . The exact reason for the shift from parole approval to a “default” outcome of denial is not clear, but the paper speculates that breaks may replenish mental resources by providing “rest, improving mood or by increasing glucose levels in the body”. Levav said: “I don’t measure the judge’s mood. I don’t measure the judge’s glucose level. It’s just a very consistent empirical regularity. “It’s a quite robust effect, and it really doesn’t matter how you cut the data you get to reproduce it,” he added. UK criminal justice Israel Middle East guardian.co.uk
Continue reading …UN torture representative suggests White House stalling his private meeting with American soldier A senior United Nations representative on torture, Juan Mendez, issued a rare reprimand to the US government on Monday for failing to allow him to meet in private Bradley Manning, the American soldier held in a military prison accused of being the WikiLeaks source. It is the kind of censure that the UN normally reserves for authoritarian regimes around the world. Mendez, the UN special rapporteur on torture, said: “I am deeply disappointed and frustrated by the prevarication of the US government with regard to my attempts to visit Mr Manning.” Manning’s supporters claim that the US is being vindictive in its treatment of Manning, who is held at the Marine base at Quantico, Virginia, in conditions they describe as inhumane. Mendez, who has been investigating complaints about his treatment since before Christmas, said the US department of defence would not allow him to make an “official” visit, only a “private” one. An “official” visit would mean he meets Manning without a guard present. A “private” visit means with a guard and anything the prisoner says could be used in the planned court-martial. Mendez pointed out that his mandate was to conduct unmonitored visits, and that had been the practice in at least 18 countries over the last six years. “Since December 2010, I have been engaging the US government on visiting Mr Manning, at the invitation of his counsel, to determine his condition,” Mendez said. “Unfortunately, the US government has not been receptive to a confidential meeting with Mr Manning.” He added: “I have since last year on several occasions raised serious concern about the conditions of detention of Mr Manning, who since his arrest in May 2010, has been confined to his cell for 23 hours a day at the Marine Corps Brig, Quantico, Virginia. I have also urged the authorities to ensure his physical and mental integrity.” He had been due to issue his statement on Friday but delayed it until after a meeting the same day with representatives of the US defence and state departments to ask them to reconsider their decision to deny him unfettered access. The officials confirmed that Manning could ask to see Mendez if he wished and, in that case, the US government would have no objection to a “private visit”, Mendez said.Mendez, an Argentinian, took over the job last year for a six-year term. Before that, he worked for the UN as a specialist in genocide. He said: “My request for a private, confidential and unsupervised interview with Manning is not onerous: for my part, a monitored conversation would not comply with the practices that my mandate applies in every country and detention centre visited.” Mendez made it clear he expected more from the US. “The United States of America has a key role in setting examples on issues concerning my mandate as special rapporteur on torture, which makes it a vital partner for engagement.” In spite of the government decision, he would still meet Manning if the detainee wished, while continuing to insist on an interview without witnesses. David Coombs, Manning’s lawyer, in a blogpost on his website, said he had been trying to organise visits by Mendez and others, including the Democratic Congressman Dennis Kucinich. “Despite multiple inquires from the defence and the interested parties, the Quantico brig and the government have denied the requests for an ‘official visit’,” he said. Bradley Manning United Nations Torture WikiLeaks Obama administration US politics United States Ewen MacAskill guardian.co.uk
Continue reading …The controversial Arizona law targeting immigrants for police scrutiny has been blocked again in an appeals court ruling The fate of Arizona’s controversial Arizona law targeting illegal immigrants remains in limbo, after the state’s latest attempt to lift a injunction blocking the law failed. The Ninth US circuit court of appeal ruled [pdf] that the federal government was likely to win its case that the law is unconstitutional, and so turned down an appeal by Arizona’s Republican governor Jan Brewer to lift the injunction imposed last year. The battle now is likely to go all the way to the US Supreme Court. The law, known as SB 1070 , became a national controversy after Brewer and Arizona Republicans accused the US government of not doing enough to stem illegal immigration and enacted their own, more stringent regulations, which drew bitter complaints from civil rights organisations and immigrant groups. The new law would require state police to check the immigration status of all arrested suspects and hold indefinitely anyone else they have “reasonable suspicion” of entering the country illegally. It also punishes non-citizens for failing to apply for or carry “alien registration papers”, or for seeking jobs. The law also allows for “warrentless arrest” if the police have probable cause to believe they have committed a public offense that makes them removable from the United States – such as entering the country illegally. Critics say it gives Arizona authorities the power to harass Hispanic residents, legal or otherwise, while the federal government objected on the grounds that the law encroached on its powers over immigration enforcement. In July last year a US district court judge issued an injunction against the most controversial parts of the law, and today’s appeals court ruling only applies to the injunction, not to the challenge to the law itself. At the time of the injunction Brewer said: “I will battle all the way to the Supreme Court, if necessary, for the right to protect the citizens of Arizona.” Arizona US immigration US constitution and civil liberties United States US domestic policy Richard Adams guardian.co.uk
Continue reading …Remember this article from The Hill, about a split in the Obama administration on Social Security reform? Social Security reform is splitting President Obama’s economic and political advisers. Obama is being pulled in opposite directions by those whose priorities are fiscal and those whose No. 1 concern is electoral Treasury Secretary Timothy Geithner, National Economic Council Director Gene Sperling and Sperling’s deputy, Jason Furman — leading figures in the president’s economic team — are pressing Obama to cut Social Security benefits if necessary, say sources familiar with their positions. But Obama’s political team, led by David Axelrod, David Plouffe and Jim Messina, are urging the president to understand that backing benefit cuts could prove disastrous to his 2012 reelection hopes, sources say. The political team is winning the argument so far, but internal debate rages at the White House as Republicans in Congress insist sweeping efforts to restore government finances must include Social Security reform. “Gene Sperling and Jason Furman and some of the Treasury people started with the posture that we’re the best people to reform Social Security — that was when the Democrats had a majority in both houses of Congress,” said a Democratic policy expert who has met Obama’s economic policy team over the past two years. “The same people have continued to make that argument even as they’re now responding to conservatives who are stronger in the Congress,” the source, who strongly opposes benefits cuts, told The Hill. “There are two camps,” the source added. “One camp wants to be able to throw a bone to Republicans and some [centrist] Democrats. “The political people would prefer not to be accused of being the party that cuts Social Security in those ways. Some political people would like to see the president out there defending the program and making the case that it has nothing to do with the deficit.”… read on Every poll shows quite clearly that even Republican voters do not want a cut in these benefits. If Sperling’s argument is about reforming Social Security and Medicare without taking away from them, then OK, but that’s not what I’m reading here. Do these creatures only listen to Villager gasbags who want working-class Americans to be the only people to “share” the sacrifice and suffer in America after Wall Streeters and their partners caused the Great Recession? Guess who won? President Obama will deliver a major speech this week about plans to reduce federal budget deficits and long-term debt, senior adviser David Plouffe said this morning. “He’s going to lay out his approach very clearly,” Plouffe said on CNN’s State of the Union , one of a string of Sunday talk show appearances he made. Obama will address cuts to defense and domestic spending, as well as what to do with the growing entitlement programs of Medicare, Medicaid and Social Security, Plouffe said. He will talk about “dollar amounts” over “a period of years.” “We have got to make sure that we are taking a balanced approach to this,” Plouffe said. The president’s deficit speech is set for Wednesday. It comes as the nation is set to hit its $14.3 trillion debt ceiling in mid-May. It’s interesting that Plouffe didn’t want this to happen, but he was put on the Sunday talk-show circuit to be the one to tell us about Obama’s upcoming speech. If the President approaches it with no cuts to Social Security, Medicare and Medicaid and actually frames the debate by demonstrating that Paul Ryan’s ludicrous budget plans are in fact ludicrous, then it may not be as bad I think it will be. But I don’t have much faith in that, now that more information has been released on the budget deal . Also, once he sets out his plans for what appears to be austerity, then I’d calculate that it’ll be at least 50% worse than what he’s going to propose nationally, since they terribly negotiated the 2011 budget. Steve Benen says as much: But then there’s the flip side. Once Democrats commit to systematic debt reduction as policymakers’ principal goal — as opposed to, say, economic growth — it sets the terms of the debate. The unyielding dynamic locks everyone into answering the same question: how do we tackle the deficit and the debt? That’s the question Republicans (and much of the media) want as the central focus, but there are more pertinent and important questions that should be prioritized, such as, “How about a jobs plan to reduce unemployment?” Or maybe, “How will taking money out of the economy and reducing public investment lead to more growth?” What’s more, it also sets baselines for a “compromise.” If Obama presents a credible vision for long-term debt reduction this week, we’ll have one pillar, which will serve as a counterweight to Paul Ryan’s radical House budget plan presented a few days ago. But a moderate counterweight may not be wise — if recent history is any guide, negotiations will produce a deal that’s somewhere between them. In this case, that’d be a disaster. Even halfway to Ryan’s roadmap would destroy much of the modern American social compact, and prove devastating to the middle class. mcjoan of DKos explains: With Republicans coming off of their big win Friday night, with an additional $6.2 billion more in cuts than they went into the negotiations asking for, it’s hard to see getting out of the budget and debt ceiling negotiations with Medicare and even Social Security largely intact. Now that Obama is offering up Medicare, well, get that spare bedroom ready for the parent or grandparents. But in case the administration really wants to think about some policy alternatives to save Medicare and Medicaid some money, they might start with breaking the the policy they helped kill during the Affordable Care Act negotiations. It’d be a start. Paul Krugman writes : You might have expected the president’s team not just to reject this proposal, but to see it as a big fat political target. But while the G.O.P. proposal has drawn fire from a number of Democrats — including a harsh condemnation from Senator Max Baucus, a centrist who has often worked with Republicans — the White House response was a statement from the press secretary expressing mild disapproval. What’s going on here? Despite the ferocious opposition he has faced since the day he took office, Mr. Obama is clearly still clinging to his vision of himself as a figure who can transcend America’s partisan differences. And his political strategists seem to believe that he can win re-election by positioning himself as being conciliatory and reasonable, by always being willing to compromise. But if you ask me, I’d say that the nation wants — and more important, the nation needs — a president who believes in something, and is willing to take a stand. And that’s not what we’re seeing. Wednesday is his chance to lead.
Continue reading …Just hours before a last-minute deal was struck between Republicans and Democrats to prevent a government shutdown, CNN's Eliot Spitzer did some politicking of his own on Friday's “In the Arena.” The former Democrat governor of New York interviewed the wife of an army private and delved into the family's medical and financial information – a rather awkward spectacle – all to make the case against a government shutdown and cast a bad light on House Speaker Boehner's position on budget cuts. After playing the father's good-bye message to his own family as he was leaving for Iraq, Spitzer thought that “John Boehner would cry if he saw that, no doubt,” making an extra jab at the House Speaker's emotional temperament. “That's what he should be crying about, those army families not getting paid,” Spitzer added for good measure.
Continue reading …Presidential polls will go to second round, pitting a leftwing former army officer against a disgraced autocrat’s daughter A leftwing former army officer and the rightwing daughter of a disgraced autocrat will contest a runoff election in Peru, according to partial results from Sunday’s presidential election. Ollanta Humala, a one-time protege of Venezuela’s Hugo Chávez, won about 30% of the vote, more than any other candidate in a crowded field. Keiko Fujimori, the daughter of the disgraced former president Alberto Fujimori, appeared to have come second with approximately 23%. Supporters of each candidate celebrated on Monday and said Peru, a fast-growing economy riven by poverty and inequality, had made a bold break with established politics. Critics, however, despaired that three centrist candidates had split the “moderate” vote and gifted victory to two populists from opposing ends of the ideological spectrum. Mario Vargas Llosa, the Nobel prizewinning writer and former presidential candidate, said Humala was a Chávez-style demagogue and Fujimori would release torturers and corrupt cronies from her father’s era. He compared the choice to “Aids and terminal cancer”. With about three-quarters of votes counted, Pedro Pablo Kuczynski, a former minister and World Bank economist, was running third with 20.5%, just behind Fujimori. He all but conceded defeat. “It’s almost certain the second round will be between Ollanta and Keiko,” he said. Alejandro Toledo, a former president, was fourth with about 16% and Luis Castañeda, a former mayor of the capital, Lima, trailed fifth with about 10%. Pre-election polls suggested that in a second round Humala, who advocates greater state intervention to redistribute wealth, would struggle against Toledo or Castañeda but have an edge over Kuczynski and Fujimori. The 48-year-old former lieutenant colonel also won the first round of the 2006 presidential election but lost to Alan Garcia in the run-off after strong attacks on his links with Chávez. This time he swapped red t-shirts for sober suits, rebranded himself in the mould of Brazil’s Luiz Inácio Lula da Silva and hired some of the former Brazilian president’s consultants. His promise to share revenue from Peru’s mining boom more evenly resonated with impoverished slum-dwellers and rural indigenous communities. Fujimori, 35, a congresswoman and former first lady (so designated after her father divorced her mother), rode on the back of enduring gratitude for her father’s success in taming inflation and guerrillas, and introducing populist economic policies, in the 1990s. Critics fear the corruption and human rights abuses that landed her father in prison – he is serving a 25-year sentence – will return, along with pardons for him and his cronies. Fujimori has promised to respect democratic norms. Fujimori and Humala have strong negative ratings of about 50%, suggesting each will try to move to the centre and paint the other as an extremist. Venezuela Hugo Chávez Rory Carroll guardian.co.uk
Continue reading …Click here to view this media While the media go on and on about how Paul Ryan’s budget is so serious and courageous that the President “must respond” to it (see the clip above where Fox’s Stuart Varney employs the ‘crisis’ budget strategy), a truly progressive proposal has been released. Unlike Ryan’s proposal, which takes us all the way through 2040 before the deficit is eliminated, this budget puts us on solid footing by 2021, with a fully balanced budget by 2014. Here are some specifics: The CPC proposal (PDF) • Eliminates the deficits and creates a surplus by 2021 • Puts America back to work with a “Make it in America” jobs program • Protects the social safety net • Ends the wars in Afghanistan and Iraq • Is FAIR (Fixing America’s Inequality Responsibly) What the proposal accomplishes: • Primary budget balance by 2014. • Budget surplus by 2021. • Reduces public debt as a share of GDP to 64.4% by 2021, down 16.9 percentage points from a baseline fully adjusted for both the doc fix and the AMT patch. • Reduces deficits by $5.7 trillion over 2012-21 • Both outlays and revenue equal 22.3% of GDP by 2021 Real courage involves raising taxes and explaining that we can’t pay for wars without a cost attached. Real courage involves protecting our most vulnerable and asking those with much to give a fair share. This budget is a courageous budget. Not Ryan’s. Yet, there hasn’t been so much as a peep from the mainstream media about this alternatives. Gosh, I wonder why not.
Continue reading …Italian prime minister says he gave cash gift to underage prostitute but denies allegations of paying her for sex Silvio Berlusconi has denied accusations that he paid a teenage runaway for sex. The Italian prime minister said on Monday he gave €45,000 (£39,700) to Karima el Mahroug, a belly dancer who uses the name Ruby, to help her launch a beauty centre, complete with a laser hair-removing machine, so that she could escape a life of prostitution. “The girl told a very painful and moving story,” he said. Berlusconi is on trial for using an underage prostitute because prosecutors believe he had sex with Mahroug in 2010 when she was 17, a year younger than the legal age for prostitution in Italy. He is also accused of coercing police into freeing Mahroug when she was arrested last year on suspicion of theft. Berlusconi repeated his claim that he had mistakenly believed Mahroug could be the granddaughter of former Egyptian leader, Hosni Mubarak. He told police so after her arrest to avoid “a diplomatic incident”. Anna Finocchiaro, a senator with the opposition Democratic Party, said that if Berlusconi had really believed Mahroug was the close relative of a world leader, it was difficult to believe he showered her with money to save her from a life of vice. “Once again Berlusconi has managed to transform something grave and serious into a ridiculous comedy that is simply sad,” she said. The trial is one of four proceedings Berlusconi faces in Milan. Arriving on Monday for a hearing in his trial for fraud at his TV company, Berlusconi was greeted by a group of 200 cheering supporters bussed in for the day and handed free salami sandwiches. As the supporters filled the street outside the court waving balloons saying “Silvio, resist!”, Berlusconi was handed a microphone and told his supporters he was the victim of “mud slinging” by magistrates “who don’t work for their country but against their country”. Apart from the prostitution and TV rights fraud trial, Berlusconi is on trial for allegedly bribing British lawyer David Mills. Prosecutors have also requested he face trial in a second TV fraud case. Berlusconi has said he is innocent of all charges. Asked on Monday if he could be convicted, he replied “No way – you must be dreaming.” The prime minister’s supporters in parliament are meanwhile pushing through a measure which would shorten the statute of limitations in trials where the defendant has no criminal record, such as Berlusconi. If passed, critics say the measure would cut months off the time left available to wrap up Berlusconi’s bribery trial. Already due to be beyond prosecution by January 2012, the trial, they argue, would effectively be killed off for lack of time. Silvio Berlusconi Italy Tom Kington guardian.co.uk
Continue reading …Italian prime minister says he gave cash gift to underage prostitute but denies allegations of paying her for sex Silvio Berlusconi has denied accusations that he paid a teenage runaway for sex. The Italian prime minister said on Monday he gave €45,000 (£39,700) to Karima el Mahroug, a belly dancer who uses the name Ruby, to help her launch a beauty centre, complete with a laser hair-removing machine, so that she could escape a life of prostitution. “The girl told a very painful and moving story,” he said. Berlusconi is on trial for using an underage prostitute because prosecutors believe he had sex with Mahroug in 2010 when she was 17, a year younger than the legal age for prostitution in Italy. He is also accused of coercing police into freeing Mahroug when she was arrested last year on suspicion of theft. Berlusconi repeated his claim that he had mistakenly believed Mahroug could be the granddaughter of former Egyptian leader, Hosni Mubarak. He told police so after her arrest to avoid “a diplomatic incident”. Anna Finocchiaro, a senator with the opposition Democratic Party, said that if Berlusconi had really believed Mahroug was the close relative of a world leader, it was difficult to believe he showered her with money to save her from a life of vice. “Once again Berlusconi has managed to transform something grave and serious into a ridiculous comedy that is simply sad,” she said. The trial is one of four proceedings Berlusconi faces in Milan. Arriving on Monday for a hearing in his trial for fraud at his TV company, Berlusconi was greeted by a group of 200 cheering supporters bussed in for the day and handed free salami sandwiches. As the supporters filled the street outside the court waving balloons saying “Silvio, resist!”, Berlusconi was handed a microphone and told his supporters he was the victim of “mud slinging” by magistrates “who don’t work for their country but against their country”. Apart from the prostitution and TV rights fraud trial, Berlusconi is on trial for allegedly bribing British lawyer David Mills. Prosecutors have also requested he face trial in a second TV fraud case. Berlusconi has said he is innocent of all charges. Asked on Monday if he could be convicted, he replied “No way – you must be dreaming.” The prime minister’s supporters in parliament are meanwhile pushing through a measure which would shorten the statute of limitations in trials where the defendant has no criminal record, such as Berlusconi. If passed, critics say the measure would cut months off the time left available to wrap up Berlusconi’s bribery trial. Already due to be beyond prosecution by January 2012, the trial, they argue, would effectively be killed off for lack of time. Silvio Berlusconi Italy Tom Kington guardian.co.uk
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