Issue 3 - Crime and Punishment

The Horace Mann Review Issue 3, Vol. XVI

The

Horace Mann Review Crime

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Punishment

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The Horace Mann Review

The

Horace Mann Review Issue 3, Vol. XVI

In 2006 over 2.3 million Americans, .77% of the population and a greater percentage than ever before, were incarcerated.

15 Guns and Crime

6 Financial

Punishment

By Will Dubbs

8 Prisoner

By Gresa Matoshi

4 The CSI Effect

By Zach Malter

By Ben Mishkin

10 Supernote Explosion

By Dan Temel

11 Political Prisoners in China

By Jonathan Katiraei

12 An Unfair Trial

By MW Floyd

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16 Tree (T)Hugs

By Katie Dubbs and Rumur Dowling

Rehabilitation

22 The Torture Complex

By Kimya Zahedi

24 Pro Bono An Interview with Scot Fishman, Manager of Corporate Social Responsibility for LeBoeuf, Lamb, Greene & MacRae LLP

By Venkat Kausik

18 Blood of a Child

By Thomas Hwang

20 Corporal Punishment

By Alice Kissilenko

26 The Death Penalty

By William Kim

The Horace Mann Review Issue 3, Vol. XVI

Letter From the Editor Dear Readers, The Horace Mann Review Volume XVI , Issue III

A Journal of Opinion on Current Events, Politics, Public Policy, and Culture Charles M. Stam Editor-in-Chief

Kunal Malkani Anoushka Vaswani Executive Editors

Diana Greenwald

Carl Case

Managing Editor

Production Manager

Naomi Mishkin

Dexter Richard

Layout Editor

Director of Technology

Jed Feiman Lindsay Gellman Jonathan Katiraei Josh Parker Tal Shachar Rachel Siegel Jake Sloane

Ted Sumers Director of Photography and Design

Neal Poole Director of Subscriptions

Senior Editors

Robby Shapiro Contributing Editor

Gopal Das Director of Operations Associate Editors Benito Fernandez, Venkat Kausik, William Kim, Alice Kissilenko, Zachary Malter, Ben Mishkin, Sam Shelley, Kimya Zahedi Contributing Writers Jarett Bienenstock, Amanda Cole, Nancy DaSilva, Rumur Dowling, Katie Dubbs, Will Dubbs, Benito Fernandez, Elizabeth Goodstein, Thomas Hwang, Ben Jacobson, Venkat Kausik, Michael Kurtz, William Kim, Alice Kissilenko, Binchan Luo, Zachary Malter, Eliza Montgomery, Ben Mishkin, Sonja Perl, Joseph Pomp, Gaurav Saxena, Sam Shelley, Jason Sunshine, Daniel Temel, Belle Yoeli, Kimya Zahedi The Board of Trustees Bharat Das, Raj Hathiramani, Shaan Hathiramani, David Katz, Daniel S. Levien, Sabeel Rahman, Eric Todrys, Mark Todrys, Maximilian D.C. Thompson Zachary Fryer-Biggs

When The Review editorial board began planning our third issue, we attempted to find a significant theme that pervades throughout our society today. Crime is an issue that transcends national borders. Throughout human civilization, societies have struggled to deter crime in a manner that is both humane and fair. Today, a greater percentage than ever of America is currently incarcerated with more than 2.3 million Americans in jail. While violent crime had dropped dramatically between 1990 and 2004, according to the FBI the number of violent crimes has actually increased in the past two years. Jails are swelling with drug related criminals, and over-burdened police forces are strained with increased policing responsibilities.

From Saddam Hussein’s execution, to corporal punishment in our schools, to the influence of crime drama CSI on the actions of criminal justice system, this issue of The Review takes a close look at modern day crimes and the response to them. The issue also examines the heated debate over what punishment is appropriate when- with the death penalty and punishment of financial crimes being two prominent examples.

As a publication, we continue to experiment with new layout and production techniques. The Review’s editorial board is pleased to see continued rapid growth in The Review, both in the quality of the publication as well as the increased involvement of the junior staff. Our Senior Editors played a pivotal role in this issue, and I look forward to seeing them grow as editors. Recently, the American Scholastic Press Association recognized The Review’s accomplishments with a first place award. While this is certainly a meaningful recognition, The Review will always continue to push forward and grow.

I thank you for your continued readership and support, Charles Stam

Faculty Advisors Mr. Gregory Donadio, Ms. Sharon Kunde, Dr. Barbara Tischler TheReview@horacemann.org The Horace Mann Review is printed throughout the academic year. The Review is a member of the Columbia Scholastic Press Association, the American Scholastic Press Association, and the National Scholastic Press Association.

Please contact The Horace Mann Review for information on advertisements at TheReview@horacemann.org. Editorials represent the majority opinion of the Editorial Board. Opinions expressed in articles or illustrations are not necessarily those of the Editorial Board or of the Horace Mann School. © 2007, The Horace Mann Review

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The Horace Mann Review

The

CSI

By Zachary Malter

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hen 70’s television actor Robert Blake was accused of murdering his wife Bonnie Lee Bakley, it seemed evident that Blake had perpetrated the murder—two former stunt men professedthatBlakehadtriedtohirethemtokill Bakley. However, the jury acquitted Blake on all charges. This decision was more than a simple court ruling; it was the result of a new trend, the CSI effect, that has become pervasive in today’s court system.

The CSI effect, also known as CSI syndrome, can be defined as “the influence of fictional crime shows (most notably CSI), usually with

“In 2002, when CSI’s popularity began to reach an all time high, prosecutors and defense attorneys across the nation realized that the courtroom was changing as a result of these shows” a scientific component, on the real crime world.” In 2002, when CSI’s popularity began to reach an all time high, prosecutors and defense attorneys across the nation realized that the courtroom was changing as a result of these shows. “There is certainly is an increasing problem with it today. It has since been a prominent factor in the United States and some European countries’ judicial process, affecting thousands of trials and all aspects of the proceedings,” remarked Judge Loretta Preska, United States District Judge in the Southern District of New York, in an interview with The Review. As a judge in the federal circuit, Preska has witnessed the CSI effect first hand. As she stated, “(The CSI effect) is an actual change.” The CSI effect has been a prominent factor in the United States and some European countries’ judicial process, affecting thousands of trials and all aspects of the proceedings.

The root of the change has been the juries. Expectations and information about the system have been implanted in the minds of jurors who watch these television programs. “Juries are certainly much more aware of the types of evidence out there from shows like CSI and all of its progeny. There are more questions asked from the jurors—is there fingerprint evidence; is there DNA evidence?” Preska said. People are more informed when they serve, and

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Effect

this can certainly have its benefits. The better the jurors understand the process, the more comfortable they will be in assessing a case.

On the other hand, some jurors may acquire a false impression from television programs. These shows tend to dramatize the story in order to entice the viewer. The chief goal of most television shows is to deliver high ratings, and producers are usually willing to embellish the truth in order to accomplish that. The average viewer may be unaware that the way crimes are portrayed on T.V. is not 100 percent accurate. “That’s just the problem with all T.V. One of the things I try to do when picking jurors during voire dire, is to say to them, you notice this is not Perry Mason this is not court T.V.,” Preska said.

When CSI premiered on October 8th, 2000, it was truly one of a kind program because it highlighted the issues of forensics and DNA testing. Crime shows have been popular for years, starting in the early 80’s with programs such as Murder, She Wrote. CSI, however, was the first television crime show to rely heavily on forensics and sophisticated testing techniques, which have become much more relevant in the technologically advanced 21st century.

CSI has spawned two spin-offs series in recent years, CSI: Miami and CSI: New York, and a slew of CSI inspired programs including Crossing Jordan, Diagnosis Murder, and Forensic Files. CSI began to post incredible ratings; it was the most watched program for the 2002-2003 season and it still has the top five ratings each week.

The CSI effect directly deals with how television depicts these scientific procedures. Jurors have developed various ideas about how testing works, some of which are decidedly inaccurate, because of these shows. Jurors tend to believe that testing is infallible, even

“Juries are certainly much more aware of the types of evidence out there from shows like CSI.”

though there is always room for mistakes in the process and the results are not always conclusive or reliable. In fact, according to U.S. News and World Report roughly 30 percent of the crime labs used are not accredited, and dozens of forensics experts have been accused of lying under oath in the past few years. Another common misconception produced by these shows is that DNA testing can be used in all cases. “The inaccuracy is that you watch this day after day after day, seemingly on

The Horace Mann Review Issue 3, Vol. XVI every case. That’s where I think the over-dramatization takes place. It is leaves the impression with the man on the street, the juror that this is done in every case. That of course somewhat dangerous,” said Preska.

Regardless of how knowledgeable a jury is about testing techniques, a jury’s decision is not allowed to be based on whether a certain technique was incorporated. As Preska put it, ”The law enforcement techniques are not the province of the jury and the jurors are not to be concerned whether law enforcement techniques were or were not used.

Their only determination is whether or not on all of the evidence presented the defendant has been proven guilty beyond a reasonable doubt.”

In a number of courts during voire dire, the period in which the jury is selected, perspective jurors are asked whether they watch CSI, in an attempt to weed out those individuals whose views may be warped by television. But this is almost impossible to achieve; during a recent trial, it was found that seventy percent of the prospective jurors had seen CSI or a similar television show, such as Law and Order.

Judge Preska is optimistic about TV’s influence on jurors. “I don’t think I would go so far as to say (the CSI effect) is a detriment,” Preska concluded. She also added, “It’s something that the lawyers have to be prepared for and ready to handle.”

Both criminal defense lawyers and prosecutors have been forced to adapt to the changes in jury’s expectations. For prosecutors this may be burdensome because on television, it typically takes an exorbitant amount of evidence for the defendant to be convict-

Both criminal defense lawyers and prosecutors have been forced to adapt to the changes in juries’ expectations. ed. As a result, juries are beginning to believe that good evidence must be concrete and plentiful, and thus they are demanding more.

“I think (prosecutors) need to deal with this issue in their closing statements and just be aware that those kinds of questions could be in the jurors’ minds,” explained Judge Preska. In one of her recent cases, the government decided to send out blood samples on a gun to be tested, a gun which they had possessed for months beforehand. This demonstrates that testing is being utilized frequently, and sometimes not until the prosecutor realizes it is crucial to the outcome of the case is the test conducted. Again, Judge Preska believes that the situation hasn’t yet spiraled out of control. “It’s a problem, but not an insurmountable problem for the vigilant prosecutor.”

The CSI effect is making the job for defense lawyers a little bit easier. They are now more inclined to point out missing pieces of evidence, or ask questions about why a technique was or was not used. Juries are more likely to believe a defense council’s argument. Judge Preska gave a common example of this trend. “Even something so simple as, if a defendant has given a statement to an agent usually there will be a written report by the agent containing the statement. These days something as simple as that will illicit questions from the defense lawyer. ‘Well didn’t you have video tape equipment available somewhere in your office, didn’t you?’”

There are other more subtle ramifications of the CSI effect on these two parties. Because it puts pressure on prosecutors to deliver a considerable amount of evidence in court, it has bolstered the costs of prosecutors for their clients. In the courtroom,

clues from both sides are more frequently shown through visual media; occasionally video clips and PowerPoint’s are presented.

Outside of these two groups, some studies show that criminals, noticing the importance television crime places on DNA, are more likely to erase the remnants of the crime scene. As a judge, Loretta Preska hasn’t had to change her behavior substantially, because as she put it, the judge is not the “fact-finder”; that position falls in the hands of the jury. One thing she does have to do more often is remind juries that law enforcement techniques “aren’t any of their business.”

Some television commentators assert that television crime is beneficial because it sends a vigorous message to criminals that regardless of what they do scientists will be able to track them, which can discourage them to act. Judge Preska, however, disagrees with this notion. “I really think that the impetus to criminal activity is not such a rational decision.” According to some in the field, journalists have potentially overstated the extent to which shows are harmful. Judge Preska sees some natural benefits to these television programs. “(CSI) presents law enforcement in a good light… It’s accurate in this is what we do, and that it is possibly for (these procedures) to be done.”

She added, “I think (the CSI effect) can be dealt with by the judges in their introduction to the jury.”

Besides impacting the crime process itself, CSI and related television shows have sparked an interest in forensics among young people. Thousands of children and young adults tune into these television programs weekly, and consequently, universities have seen a surge in the enrollment for Forensic and related science courses. Forensics has become a popular class at high schools and community colleges. “Most students who choose to take the forensics course are inspired by CSI,” said Christina Costa a sophomore at Irvington High School who is planning on taking a Forensics elective next year. She added, “By enabling one to dissect a crime scene it allows for them to actually perform what grasps their attention on TV.” Colleges are offering new forensics classes in order to fill the demand. In the 1990’s there were less than ten major forensic science programs across the nation, but now there are more than ninety. The field has become so competitive that it now attracts some of the most intelligent science students. According to an article in National Geographic, 180 people applied for twenty spots in Michigan State University’s

“Most students who choose to take the forensics course are inspired by CSI” 2003 forensic-science master’s program. At West Virginia University forensics has become the most popular undergraduate major. There has been some opposition to the increase in Forensics programs. Policemen and forensics experts have contented that the newly offered forensics classes may be inadequate in preparing students to be professionals.

The debate over whether scientific crime shows are beneficial or adverse to society is likely to continue. As Preska noted, steps are being taking to effectively combat the problems that have arisen with the CSI effect. One thing that is undeniable, as Preska would agree, is that the CSI effect exists. If the CSI effect, however is allowing criminals to escape, as assumed in the case of Robert Blake, then the CSI effect as a whole cannot be viewed as a positive.

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inancial

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Punishment

By Will Dubbs

orldCom, Adelphia, and Enron are all of bankruptcy proceedings. Through the selling of real estate mammoth corporations that have been properties owned by WorldCom, MCI raised over $87 million in toppled by greedy executives and de- three real estate transactions alone. MCI President Michael D. ceit. These corporations have hurt and Capellas called it a “symbolic day for MCI employees, who have impoverished thousands of employees. remained committed to serving our customers.” WorldCom and Recently, the executives in charge of these immoral and unscru- MCI showed how corporations can survive corporate scandals. pulous companies have been put on trial. But are they to blame?

In a similar case, Adelphia, which used to be the nations WorldCom was the second largest long distance telephone sixth largest cable provider, disclosed that it failed to report up to carrier in the United States and the largest carrier of Internet data $2.3 billion in debt. Most of this debt was attributed to the Rigas when it filed for bankruptcy in 2002. $107 million worth of as- family, who had founded the company, and retained several posets were involved in sitions on the company’s the largest bankruptcy Board of Directors and filing ever.

However, held many high-ranksoon the whirlwind of ing positions within the headlines created by the company. Adelphia disbankruptcy filing was covered that the Rigas eclipsed by allegations of family had used company possible criminal actions. funds to pay for family

By September of members’ apartments, a 2002, WorldCom had golf course and an Afriadmitted to around ten can safari while preparing billion dollars worth of its 2001 end of the year accounting errors and imfinancial reports.

The proper investments. The Rigas family was forced accounting irregularities to buy back stock using stemmed from pressure loans from Adelphia. The on Wall Street. Worldcompany hid its enormous Com, like other corpodebt until it was forced to rations such as Global reveal its financial dire Crossing, had expected and file for bankruptcy. a surge of demand for fi- Former CEO Lay faced criminal prosecution for his role in Enron’s collapse.

John Rigas, the ber optics. However, when sufficient demand failed to materialize 80-year-old founder of Adelphia, and Timothy Rigas, the Chief WorldCom was forced to lower prices. In order to keep in line with Financial Officer of Adelphia, were both convicted of securities Wall Street’s expectations for the company, WorldCom executives, fraud. John Rigas was sentenced to just 20 years in jail age while specifically Chief Executive Officer Bernie Ebbers and Chief Fi- Timothy Rigas was sentenced to 25 years in jail. The remainnancial Officer Scott Sullivan, filed false financial statements and ing assets of Adelphia have been bought by Comcast and Time told employees to hide expenses. Those criminal actions allowed Warner Cable. Fortunately, only 500 of the remaining 13,000 emWorldCom to claim billions of dollars in false profits. Ebbers and ployees of Adelphia lost their jobs. If Adelphia had been indicted, Sullivan were eventually charged with securities fraud. Ebbers all 13,000 of those employees would have lost their jobs and the was sentenced to 25 years in jail. Sullivan was only sentenced to surrounding communities would have been drastically affected.

5 years in jail because he cooperated and testified against Ebbers.

Similar circumstances marked the now infamous collapse In 2004 WorldCom, now under its new name “MCI,” the of the energy company Enron. The extreme financial losses that company it merged with in 1998, finally emerged from 21 months brought about its collapse were related to investments made by

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The Horace Mann Review Issue 3, Vol. XVI CFO Andrew Fastow, CEO Ken Lay and ex-CEO Jeffrey Skilling. With these three at the helm, Enron manipulated its financial statements primarily through the use of Special Purpose Entities or SPEs. Enron did not include these SPEs on its financial statements and used them to hide Enron’s financial losses.

This was legal under two conditions: If a third party controlled these SPEs and If the third party contributed to at least 3% of the SPEs assets, the thus dubbed “the 3% rule”. This 3% rule made sure that if the SPEs stock declined, the independent party would control the SPE and the loss would be attributed to the third party. The Arthur Andersen Company, Enron’s accountant firm and auditor, supposedly, signed off on these transactions.

Enron conducted business with more then 100 of these SPE’s. However, as Fastow was the general partner for the most important of Enron SPEs, these transactions violated the 3% rule. Arthur Andersen discovered that Enron was violating the 3% rule and destroyed audits and paperwork regarding the Enron. Ultimately, these actions caught the attention of the SEC. As Enron’s stock fell at an alarming rate during the next four years employees lost more than one billion dollars when Enron executives blocked them from selling shares of Enron stock. In fact, during that time, executives such as CEO Ken Lay actually encouraged employees to buy more stock while at the same time dumping all of his shares. The Enron executives made hundreds of millions of dollars in these sales of their own stock. In fact, before the company filed for bankruptcy, it paid over $100 million in bonuses to Enron’s senior level executives. To cover up these illegal actions Enron released fake financial statements and often bullied analysts to raise their ratings of the company. Due to that pressure agencies that provided credit ratings did not lower their credit ratings of Enron until November 2001 when Enron was about to file for bankruptcy.

The three Enron executives, Fastow, Lay and Skilling, were put on trial for securities fraud and insider trading charges.

Fastow received a 3-year sentence as a reward for cooperating with prosecutors. Skilling received a 24 year sentence and Lay died mid-trial of a heart disease. Each executive was also fined $50,000 for the families that were affected by Enron. The government also indicted Arthur Andersen, one of the biggest accounting firms in the country, for its direct relation to the Enron scandal and had its accounting license stripped. This caused the release of more than 28,000 employees. Employees also lost all of two billion dollars in employee pension funds. The Enron case has retained its position as the greatest corporate scandal of all time.

These three multi-billion corporations, WorldCom, Adelphia and Enron, have suffered scandals that not only led to the incarceration of their chief executives but also hurt many innocent employees and investors. The $150,000 that the Enron executives paid out of their own pockets did not begin to scratch the surface of the $2 billion dollars lost in pensions that the Enron employees were guaranteed. These low level employees who lost their jobs should not suffer by association. Indictments of huge corporations should not be shunned as they unfortunately hurt many innocent workers. The WorldCom case and the Adelphia case illustrate the fact that companies can make a comeback when given the chance. However, indictments of the companies themselves would eliminate any chance of stable future success and jeopardize the hard working innocent employees. Instead greedy executives should be forced to serve long jail sentences and to pay reparations for their damaging and illegal actions.

Five Other Financial Scandals Over the Past five Years 1. AOL AOL had an elaborate system used to reward employees who had retained the accounts of customers who had called to cancel their accounts. These customers were often forced to keep their accounts and pay for services provided by AOL against their will.

2. Xerox Xerox deceived the public by reporting equipment lease revenue at improper times; instead of reporting revenue over the course of the contract, Xerox created the appearance of boosted profit and revenue by recognizing the revenue as a sale. Xerox was fined $10 million and had to re report its financial information.

3. Martha Stewart Stewart, the CEO of Martha Stewart Living Omnimedia Inc., was ordered to pay a sum equal to the losses she managed to avoid by participating in insider trading. She also will be unable to serve as the director of a public company for five years and served time in prison.

4. Bristol-Myers Squibb Bristol- Myers Squibb was caught in an accounting scandal in 2002 which necessitated the restatement of its revenues. The company has been accused of ‘channel stuffing’ and offering excess inventory to customers in order to reflect higher sales numbers.

5. Computer Associates International, Inc. A lawsuit was filed against this company accusing its executives of wrongly reporting over $500 million in revenue in order to inflate stock prices. The SEC forced CA to pay $225 million to victimized shareholders and in 2006, the three top executives pled guilty to charges of obstruction and fraud.

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Prisoner Rehabilitation

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rom the Tower of London to Alcatraz, prisons have kept society safe from violent criminals by simply separating them from ordinary citizens.

However, until recently, there was very little regard for what happened to the inmates once they were released. In the early 20th century, prisons expanded their focus to rehab, trying to get offenders to understand their crime and its severity. In addition, prisons hoped to encourage prisoners to use their time in jail to prepare for productive, law-abiding lives after they were released. However, some questions must be answered when it comes to prisoner rehabilitation. What should be done with mentally ill prisoners who are drug addicts? What about prisoners who are sentenced to life in prison without parole; should society pay for these people’s treatment or care? Is there even a reason to rehabilitate them? Finally, the central question is this: Ultimately, does rehabilitation work? Do prisoners discharged from penitentiaries go on to lead productive, law-abiding lives?

While it may be easy to disregard rehabilitation and dismiss it as ineffective, rehabilitation is, in fact, an important part of dealing with crime. By increasing the awareness that criminals have how they will be punished for crimes, the crime rate will be reduced.

Rehabilitation is the result of a change in thought that being in prison is enough to deter a criminal from committing a crime once they are released. In that light, an array of programs, activities, and medical options have been instituted in the hopes of stopping criminals from becoming repeat offenders. One focus of efforts to prevent repeat offenses is to get prisoners jobs once they are released, as studies have proven that employment reduces the chances that they will commit a crime. In order to prepare inmates for employment, prisons have instituted numerous educational and vocational programs that teach prisoners the necessary skills to get a job upon their release. A report by the Home Affairs Committee of the British House of Commons on prisoner rehabilitation found that half of all prisoners in Great Britain do not have the necessary requirements for ninety-six percent of the jobs. Vocational training often includes having a particular job for which prisoners are paid very low wages inside of the prison, such as making uniforms and other garments for use in the prison.

Prisoners agree that these pre-release programs are beneficial as they get paid, learn a skill, and stay out of trouble as long as they are working. In addition, prison officials and politicians support these programs because they help with rehabilitation as well as keep prison costs down as prisoners are paid

By Ben Mishkin much less for their work than an outside contractor, saving taxpayer money. These jobs also help to rehabilitate prisoners by instilling in them a sense of responsibility, as these programs teach prisoners how to discipline oneself to work long hours.

General education is also emphasized in prisons to make up for the educational deficiencies that prisoners, who often come from less than ideal childhoods, may have. The report by the Home Affairs Committee pointed out that half of all prisoners in Great Britain, at the time of their incarcerations, had reading skills at or below the level expected of an eleven-year old.

Many supporters of rehabilitation focused corrections point to Sweden as an example. Sweden uses prison as the last possible resort for punishment and focuses on rehabilitation as the best remedy to the crime problem. However, this concept is implausible in America and only effective in countries similar in size to Sweden; there are major difference between Sweden and the United States as Sweden has a smaller population, and there are fewer criminals per capita than in the United States, thus the government can focus on individual people.

While these non-medical interventions are the most widely used, the problems for more serious offenders are often biological and not simply a lack of a moral grounding or education. Mentally ill prisoners suffer from a variety of disorders: schizophrenia, obsessive-compulsive disorder, and depression, to name a few.

Although, the prison system itself may not be able to rehabilitate prisoner that suffer from these disease, it can provide specialists to inmates, who are able to treat and medicate them if necessary.

So does rehabilitation work? In the report by the British House of Commons, approximately 59% of prisoners will return to prison within two years. While there are many problems with that data in terms of the details of the crimes for which the prisoner is sent back to jail, nonetheless rehabilitation has a more limited effect than those who promote it wish it would have. Yet, the fact that so many inmates return to jail does not mean that we should give up on rehabilitation. But we should also never allow our aspirations of rehabilitating these prisoners to overshadow the intentional deterrent effect of hard time. In the United States, the focus in criminal justice is crime prevention, and in that light, potential criminals must look upon jail as a tough punishment, not a time during which they will be free to get an education and better their lives. The only true solution to crime is to make criminals aware that crimes will be punished to the fullest extent of the law.

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The Horace Mann Review Issue 3, Vol. XVI

The Leading Hotels of the World

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Supernote Explosion

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North Korean Counterfeiting

n this fast paced global economy it can be difficult for a small or developing nation to keep up with the rest of the world. A few developing and rogue nations that lack the funds to be major players in modern industries or lack a cash crop may find that engaging in counterfeiting operations in either passports, ID’s, or in foreign currencies can fill this void. There are a few nations in the international community that support major counterfeiting rings, and one of the most prolific and sophisticated is the North Korean operation. Pyongyang will do just about anything for a dollar: harbor terrorists, produce narcotics, counterfeit U.S. currency for use with North Korean diplomats, and outright theft of neighboring countries’ assets. The United States has had a direct and swift response to these allegations, as the Secret Service has been investigating this matter and has already taken action. The United States has terminated relationships and ordered citizens to close overseas accounts with the Banco Delta Asia. This bank, located in the Chinese mainland territory of Macao, is the main suspect in the ongoing investigation to determine who is working hand in hand with the North Koreans. The United States crackdown on counterfeiting should be strong and swift, and with one fell swoop it should take out the North Korean counterfeiting operation.

Pyongyang has been counterfeiting the American dollar for the past twenty years, and it is estimated there are $45,000,000 of North Korean produced notes circulating in America. The most commonly produced bill by the North Koreans is the $100 super note, which is distributed to diplomats. The North Korean government makes around $15,000,000 to $20,000,000 American dollars each year for mass production. The North Koreans produce the money to cover their massive billion dollar trade deficit. North Korea imports far more items than they export, as the country lacks a cash crop, so they must compensate by harboring terrorists, producing, transporting and trafficking heroin, methamphetamines, counterfeit cigarettes, and counterfeit prescription drugs. The counterfeiting of currency, nonetheless, is one of the most profitable of these illegal industries, as the government makes an approximately 30% profit on every bill counterfeited.

Stopping the counterfeiting is a problem that is much easier stated than done. Counterfeit bills are intricate and up to date. This fact leaves many foreign government officials thinking that the North Korean government, not a separate body, produces the bills. The bills are also very difficult to trace because they represent a tiny share of the amount of currency that is in circulation in the United States. According to the United States Treasury Department there is $1,360,000,000 in circulation, meaning that the North Koreans have produced less than 0.01% of the money in circulation.

However difficult it may be to stop counterfeiting, the United States has developed methods to attempt to crack down on counter-

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By Dan Temel feiters across the globe as well as in North Korea. First, the United States has developed a new $100 dollar bill that will be put in use as early as this year. This bill will have more subtle details that should hopefully be harder to replicate. Second, the United States plans to pressure and shutdown North Korean’s allies in the counterfeiting business such as the Banco Delta Asia, where the profits of the counterfeiting business were believed to be laundered, as well as where the counterfeit money is believed to be distributed to. It is expected that the operation will stop soon, as the United States greatly expands its efforts to crackdown on counterfeiters The North Korean counterfeiting operation has a huge impact on American foreign policy in Asia, and should affect the way that the United States handles the issue of weapons of mass destruction in North Korea. Counterfeiting currency could be interpreted as an act of war on the United States’ economy, and North Korea is certainly not in a position to be making more enemies.

While the amount of money that is counterfeited may represent a tiny sum of money to the United States, the profits of counterfeiting are enjoyed by the wealthy of North Korea. At the same time, the money goes to funding their budding nuclear weapons program, funding travel for North Korea’s elite around the world, and subsidizing the lives of the rich and powerful in Pyongyang rather than humanitarian efforts that would benefit the rest of the nation. Finally, successful counterfeiting of the American dollar could undermine confidence in the American market from foreign investors. The American dollar has already plummeted enough and pales in comparison to counterparts in Europe and Eastern Asia.

The United States’ crackdown on Banco Delta Asia, the bank that was working together with North Korea, was widespread and hardhitting by banks around Asia. The United States has put pressure on senior executives of the bank and prosecuted some officials that were believed to be involved in the counterfeiting operation. In the wake of the legal action taken against Banco Delta Asia, many large Asian banks have severed contracts with North Korea, such as the United Overseas Bank of Singapore and the Korea Exchange Bank of South Korea out of fear of being prosecuted in the United States.

The issue of counterfeiting in North Korea is an important topic in the world community, one that is much discussed and also much denied, but it should have a great affect on how the rest of this decade finishes out. It is one of the largest factors that decide United States’ foreign policy in North Korea and the United States will certainly be less sympathetic to North Korea if it continues to subvert the dollar. The crackdown on counterfeiting money in North Korea is an important arm of the war against terror and a continued effort of Homeland Security. It should be followed closely as it has a great affect on our foreign policy.

The Horace Mann Review Issue 3, Vol. XVI

Political Prisoners in China

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ver since the Chinese Communist Party rose to power in 1949, the People’s Republic of China has incriminated political prisoners from within its borders. Its government has led efforts to arrest dissenters of any form, whether for ideological or religious reasons. The communist regime has targeted organizations suspected of active opposition and local militias, specifically “self-defense corps” or ziweituan, since the Party seized power, and has only in the past few years loosened its grasp.

Immediately after the Communists seized control of the state in 1949, the Party began incarcerating criminals on a grand scale with the purpose of ridding the nation of “bad elements” and the government of counter-revolutionaries. However, China has only five jails, so most prisoners (roughly 90%), political and otherwise, were sent to labor camps, known as laogai.

Suspects accused of political crimes rarely went through any legal procedure. Lawyers were not assigned to the defendants, judges were inexperienced and hardly trained, and records were hardly ever kept. Sometimes prisoners had no fixed sentence, and were released only when “sufficiently” reformed.

In 1949, the government enforced a ban on all secret societies and ordered that all members of every such society register with the government. Yiguando, or Way of Basic Unity, was the largest and most widespread secret organization of the time, claiming 200,000 constituents in the city of Tianjin alone, roughly 20 percent of the adult population. The government, in 1951, devised a campaign intended to uproot the organization by arresting, imprisoning, and executing the society’s leaders. Liu Ziyuan was one such leader. In March 1951, he was imprisoned for twelve years.

Local ziweituan militias were also directed to cease their activities or face the consequences. The government, in 1951, forced members to register formally, hand over all documentation of their existence, and submit weapons and equipment. Those who did not comply were forced into jails for undefined periods of time.

Now 57 years after the Communist Party took the seat of power, China has been gradually amending its policies pertaining to the capture and incarceration of its political prisoners. As de-

By Jonathan Katiraei

mocracy wins a growing appeal in China, the nation has progressively given voice to its people and tolerated dissenting opinion.

Many political prisoners have been released and fewer are suffering from the same treatment others experienced decades ago.

In 2004 for example, under international pressure for a fairly spotty human rights record, the Chinese government released a prominent pro-democracy dissident named Wang Youcai, who was 37 years old at the time. In 1998, he had been sentenced to 11 years as a political prisoner for subversion after he and two others founded the Democratic Party in China, which they instated to challenge the presiding regime. Youcai was released five years earlier than his sentence mandated, suggesting that China is looking to repair its reputation on an international scale, especially regarding human rights.

2006 marked another effort by the Chinese government to amend its record. After Yu Dongyue, along with two others, hurled eggs filled with red paint at the famous painting of Mao Zedong at the Tiananmen Square Riots of 1989, officials threw him behind bars. But now, 17 years later and three years short of his original sentence, this Chinese journalist will be freed. But is he coming out unharmed? Certainly not. He was released earlier this year with a scar on his head and with blisters on his body, having been left out in the sun for days, which have severely impacted his mental and physical health.

The growing appeal of democracy in China has not only led to better treatment of political prisoners, but has also given more voice to Chinese citizens in general. In 2003 for instance, millions of voters in Beijing took part in local elections, as the government permitted citizens to vote for independent low-tier candidates for the first time in over two decades. Some candidates campaigned on the streets, and some were even elected. This year, on November 8th, certain candidates were permitted to run again in Beijing, though the official media were prohibited from giving any encouragement. Some candidates warned others to avoid the media entirely, as to not prompt party conservatives to block any election bids.

Political reform is still on the Communist party’s agenda. But reform, as always, is a slow, painstaking process.

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The Horace Mann Review

An Unfair Trial Convicting a Dictator

By M.W. Floyd

E

x-Iraqi President Saddam Hussein was convicted of crimes against humanity and sentenced to death by hanging by the Iraqi Special Tribunal composed of his Iraqi people after a yearlong trial, which ended on November 5.

Few would argue against the results of the trial. Hussein had ruled Iraq as a tyrant for decades, and has made the lives of his Shi’a and Kurdish citizens living hell. He was charged with commanding the slaughter of more than a hundred Shi’ites and the wrongful imprisonment of hundreds of others in the Al-Dujail Trial, as well as the mass murder of Kurdish citizens in the north during the Al-Anfal campaign. The Iraqi Special Tribunal says that they will also try Hussein for war crimes, genocide, and crimes against humanity during his rule, most notably during the Iran-Iraq war and the invasion of Kuwait.

These crimes certainly merit the punishment dealt out by

“Hussein had ruled Iraq as a tyrant for decades, and has made the lives of his Shi’a and Kurdish citizens a living hell.” the Iraqi Special Tribunal. However, this tribunal was given a larger task than penalizing a dictator: the tribunal had to do it fairly.

Under Hussein’s rule, the court system was crippled and impotent. Few Iraqis were tried fairly, especially not the 143 Shi’ites who were put to death after a brief trial for a supposed assassination attempt. This trial was to resuscitate an

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Iraqi judicial system that had been near dormant for decades.

A fair trial would be a harbinger for a successful democracy in Iraq. The right of a citizen to a just trial is essential to a healthy democracy. If the tribu-

“How could the trial be fair if both parties had such a real threat hanging over them?” nal could grant Hussein a fair trial in face of the horrors he unleashed upon the country, Iraqi citizens would have one more reason to believe in their new government.

Was the trial fair? In many ways, it was not. Firstly, the security of the trial was extremely ineffective. Three defense attorneys were murdered during the trial, causing the defense to boycott the trial for almost a month. Saadoun al-Janabi, Adel al-Zubeidel and Khamis al-Obeidi were abducted from their Baghdad homes and slain by their countrymen, while Adel al-Zubeidel and a colleague were shot in their car. Obeidi’s captors even had the audacity to come to his door dressed as police officers.

This blatant intimidation of the defense attorneys clearly affected the fairness of the trial. According to BBC News, before Obeidi’s death, he complained that lawyers were left to defend themselves, on top of their work on the trial. This added workload and clear bullying by Iraqi dissidents must have affected the quality of the attorneys’ work, and the quality of their defense of Hussein.

The Horace Mann Review Issue 3, Vol. XVI In a rival display of intimidation, Judge Rizgar Amin was forced to step down as Chief Judge of the tribunal for allegedly showing too much compassion for the defendants. Naturally, the pressure on Judge Rizgar to oversee a fair trial was great, but the pressure to oversee the con-

“The Hussein trial was conducted in the middle of a country in turmoil. How could US and Iraqi officials not expect intimidation and violence in a country where police officers execute their countrymen?” demnation of a totalitarian was far greater. Even if Judge Rizgar was too lenient with the defense, how did he get on the bench in the first place? One would think that the judge for such a high-stakes case would be carefully selected, and the mere fact that the chief justice of the tribunal had to be removed sheds doubt on the entire selection process.

The removal of Judge Amin sent a clear message to the five-judge council in charge of Hussein’s trial: convictor else. All of the people who were trying to make the trial fair were threatened. The judge feared losing their jobs, and the defense lawyers were threatened with their lives.

Both threats were proven credible. How could the trial be fair if both parties had such a real threat hanging over them?

Moreover, Judge Raouf Abdul Rahman, the man who took Amin’s place, was born in Kurdish Halabja, in the North of Iraq. Judge Raouf’s own family members were among 5,000 who fell victim to Saddam Hussein’s chemical weapons in an extermination of Kurdish villages in 1988. Granted, it would be hard to find an Iraqi who has not been hurt by Hus-

“The removal of Judge Amin sent a clear message to the five-judge council in charge of Hussein’s trial: convict-or else. All of the people who were trying to make the trial fair were threatened.” sein, but it is very questionable to put Hussein’s life in the hands of someone who has lost so much because of the very crimes Hussein is accused of. Regardless of those threats, the structure of the trial itself was unjust. On US orders, the trial was carried out in an Iraqi court, on Iraqi soil. This was not only unwise, but also unconventional. Often, after a dictator falls from power, his trial is carried out far from the land he governed, and far from the people he terrorized.

For example, former Serbian and Yugoslavian President Slobodan Milošević was extradited to The Hague to be tried by the International Criminal Tribunal for the former Yugoslavia in 2001. Milošević was charged with crimes against humanity, genocide, among others, much like Hussein. The former Yugoslavian president objected to the courts legitimacy in the same fashion as Hussein.

These similarities are outweighed by a striking difference.

Milošević was tried far from the prying eyes of his victims.

Because the trial was carried out away from former Yugoslavia under UN supervision, the judges and attorneys were under far less pressure from the public than they would have been otherwise. The Hussein trial was conducted in the middle of a country in turmoil. How could US and Iraqi officials not expect intimidation and violence in a country where police officers execute their countrymen? In addition, the UN court is far more experienced than the Iraqi Special Tribunal in handling crimes against humanity cases. In fact, Hussein’s trial was the Iraqi tribunal’s first. If Hussein had been extradited to a UN tribunal, there is a great chance he would have received a fairer trial.

But was a completely fair trial even possible? Milošević certainly did not benefit from a fair trial. He was not allowed to present his own case, and he died in prison before ever having the chance to defend himself. Milošević’s claims that he upheld his “responsibility to protect” and therefore was a just sovereign ruler until his resignation in 2000 were never heard in court. At the very least, Saddam was permitted to speak on

“But was a completely fair trial even possible?” his own behalf during the trial. He and his lawyers were allowed to present a valid defense, introduce evidence, call and cross-examine witnesses or anything else a defense would be allowed to do in a tribunal up to current international standards.

Despite all the reasons the trial was unfair, Hussein was not convicted because of an unfair trial; he was convicted on evidence. In the Al-Dujail trial, the prosecution showed orders of execution, signed by Hussein himself. In the Al-Anfar trial, the prosecution called experts who excavated three mass tombs in northern Iraq. Their testimony gave a detailed account of the method in which the mass murder was carried out.

Hussein’s trial might not have been perfect, but its inadequacies do not invalidate its results. A dictator will be hanged after crimes against humanity, and his own people. These crimes were proven in a court of law, in a trial, that might not have been perfectly fair, but was certainly fair enough.

Editor’s Note: Saddam Hussein was hanged on December 30, 2006. The execution has been widely criticized as being handled inappropriately, leading many to question the validity and impartiality of the Iraqi trial.

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Asian Real Estate and Hotel Investment Funds

nlicini@landmarkbanyan.com 212-588-9150 Page 14

The Horace Mann Review Issue 3, Vol. XVI

A

Guns and Crime

well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed.” Does this look familiar? You probably remember this from your study of the Bill of Rights in history class. The Second Amendment of the United States Constitution, which is shown above, is the impetus for much debate over gun ownership. Many other countries are also debating this controversial issue.

The issue of gun control is especially prominent within the United States. Proponents of strict gun ownership laws argue that stricter laws will ultimately decrease crime. These supporters of harsher laws use the protection of a strong government to invalidate claims that guns are needed for self defense.

They claim that guns are used for domestic violence, suicides, and sometimes cause fatal accidents. The opposition, supporters of less restrictive gun laws, argue that it is a constitutional right for U.S citizens to own guns. They also make claims that suicides and accidents are more frequently caused by other ends rather than guns. Supporters of gun ownership often state, “Guns don’t kill people. People kill people.”

Gun laws vary by state. While New York and Washington D.C have very strict gun laws, both places do tend to have high crime rates compared to other places in the country. However, statistics from 2003 have shown that neither of these areas appears on the list of the states with the highest crime rates. Automatic weapons not made before May of 1986 are banned in the United States.

The process to buy a gun can take up to six months and requires a lot of work. One needs to obtain a permit from the local police as well as the Bureau of Alcohol, Tobacco, Firearms, and Explosives. An intensive background check is performed and the buyer needs to submit his or her photograph and fingerprints. Updates on the owner need to be done on a constant basis. One also needs to pay a $200 tax in order to carry a weapon across state lines.

Australia is an example of a country which has very strict gun laws. Due to these laws, while crime rates have remained constant, the number of illegal gun purchases has increased. In order to purchase a weapon for hunting, the most common use of guns in Australia, one needs to go through a series of approvals from the government in order to obtain any weapons. One also needs to be at least 18 years old to purchase a gun.

In the United Kingdom, laws on gun ownership are also very strict. In order to obtain a gun in Britain, one has to go through many checks and verifications with authority. It is necessary to have a good and legitimate reason to own a gun; self protection is not a valid excuse.

In addition, one needs to provide a safe place which must be approved by officials to store his or her gun. As in many other countries, a back-

By Gresa Matoshi ground check is done on all those wishing to purchase a gun. The crime rate in England has increased since the laws became stricter. Although Britain has a high crime rate, the United States’ is still higher.

Statistics from 2000 show that only 6% of murders in the United Kingdom involved fire arms while in the United States 70% of all murders involved fire arms.

Brazil has a very high crime rate involving guns. More than 38,000 people die every year due to gun related accidents. It is estimated that there are around 17 million privately owned guns in Brazil. Recently, Brazil has introduced harsher gun laws with strict penalties for owning an unregistered gun. It is the first South American country to typify the trafficking of arms.

Japan has very strict gun laws and a low crime rate. Most civilians are not allowed to own guns which are able deliver a projectile with more than 1 joule of kinetic energy and only infamous criminals tend to own firearms.

Some argue that the reason for Japan’s low crime rate is not because of its strict laws but because of its culture.

Switzerland is unique in its gun laws. Because the Swiss army is a militia made of its male citizens who are called to training once in their lives, these militia are allowed to keep weapons in their households which are issued by the army. Purchasing guns is also very easy because one can purchase them from a dealer without a permit or from a commercial shop where the buyer needs to have a permit.

Statistics from different countries show varying results of the effects of gun laws on crime. One cannot compare another country’s statistics on gun laws and crime and to his or her nation because culture and previous criminal activity need to be taken into consideration. While Australia has very strict gun laws and the crime rate has remained relatively constant, the United Kingdom has strict gun laws and has seen an increase in the crime rate.

In Switzerland on the other hand, the majority of the population is allowed to own a weapon and the crime rate is relatively low. Can we apply Switzerland’s gun laws to the United States? Absolutely not. Switzerland and the United States are two very different countries culturally. The United States is more diverse, much larger, and there has always been a higher crime rate here than in Switzerland.

The other issue with gun ownership is that one can never be sure who the buyer really is. If one does not have a criminal record, the government cannot assume that he or she is going not commit suicide or murder someone with that weapon. I do believe that some people who purchase guns purchase them only for hunting purposes or for self protection. However, there are many people who purchase weapons in order to harm someone else. Regardless of one’s reasoning, whether someone buys a gun for self protection, to hunt, to murder someone, or to commit suicide, one certainly intends to end a life.

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Tree (T)Hugs:

I

Eco Friendly Terrorists

By Katie Dubbs

and

Rumur Dowling

f you build it, we will burn it, the ELFs are mad,” read a key wrenching” are twofold. First, the organization hopes to dambanner hung at the scene of the crime, a five-story 206- age corporations who profit from environmental destruction. At unit condominium project, deemed damaging to the the same time, the group uses the publicity they garner from such environment by the Earth Liberation Front (ELF). The headline grabbing terrorist acts to publicize the fact that the natural complex had been reduced to smoldering ruins. The ar- environment has been severely harmed, and to protest that destrucsonists displaced 400 people and caused $50 million worth of damage. tion without hurting animals or people. According to ELF, “[a]ny Authorities classify environmental terrorism as violence direct action to halt the destruction of the environment and adherperpertrated to sup- PETA ing to the strict port environmental nonviolence causes such as the guidelines … conservation of natucan be considral resources, animal ered an ELF rights, and pollution action.

Ecoreduction. Environnomic sabotage mentalist groups that and property carry out such viodestruction fall lent operations are within these often composed of guidelines.” privately funded inAlthough dividuals with radical ELF members environmentalist ideclaim to be als. These eco-terrormotivated by ists take direct action humanitarian against those whom concerns, they they feel threaten nonetheless the environment. Alhave threatened though environmento “no longer Cows being processed at a meet plant targeted by ELF for animal rights violations. tal terrorism has at its hesitate to pick heart a hope for a pristine natural world, critics claim it threat- up the gun and provide protection for our planet. Such words have ens jobs, hinders economic progress, and endangers human life. been reinforced by violent actions. The organization confirmed that With antecedents in European terrorist groups of the 1970’s it used firebombs at a United States Forest Service installation in and 1980’s, the environmental terrorist movement branched out to Pennsylvania; the ensuing fire destroyed $700,000 worth of propthe United States and Canada in the early 1990’s. The strongest and erty. ELF is also suspected of bombing construction projects in most prominent of these organizations is ELF. Recently, ELF’s at- Washington, damaging equipment at the West Old Town Landfill in tempts to save the environment from the hands of business corpora- Maine, causing $12 million worth damages in Vail and igniting fires tions and its ”unbounded war on urban sprawl” have landed it atop the in Hagerstown, Maryland which caused over $300,000 in damages.

FBI’s “domestic terror group” list. ELF rose to the top of that infaThe FBI has done little to stop the radical protests of mous list after it targeted the timber industry and condos in suburbia. ELF; however, it did arrest Craig Rosebraugh, Dave Foreman Interestingly, ELF’s violent present stems from a peaceful ori- of Earth First!, and Michael Scarpitti, known as “Tree Arrow,” gin, the activist society “Earth First!” The terrorist group branched who was connected to two arsons in Oregon. Craig Rosebraugh off when Earth First! declined to pursue destructive methods of is the spokesman for ELF and has visited many universities in protests and opted to obey the law and practice legal activism. a campaign to justify ELF’s acts as important milestones in the Currently, ELF spreads its message through malevolent ter- legitimate environmental movement. Rosebraugh serves as a rorist acts called “monkey wrenching.” The term, which has come defender of both ELF and ALF. It is his belief that there is an to define ELF, encompasses various forms of vandalism ranging important distinction between terrorism that is designed to kill or from breaking windows to arson. The goals of ELF and “mon- injure people and terrorism planned solely to destroy property.

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The Horace Mann Review Issue 3, Vol. XVI

ELF has often resorted to arson in its campaigns against corporate environmental offenders.

Although the FBI has failed to prevent these activists and their organizations from committing terrorist acts, on January 20, 2006, eleven people were indicted for their involvement in seventeen attacks between 1996 and 2001 that caused $23 million worth of damage. The targets of those attacks were lumber companies, meat plants, federal ranger stations, a ski resort, and an electric tower. The indictments were produced after a tedious investigation of ELF and its many cells. “Today’s indictment proves,” Attorney General Alberto R. Gonzales announced at a news conference in January, “that [the United States] will not tolerate any group that terrorizes the American people, no matter its intentions or objectives.” To date, ELF’s actions have resulted in 188 investigations.

Some organizations, that hold many of the same values as ELF have tried to balance similar radical agendas with commitments to peaceful protest. The People for the Ethical Treatment of Animals [PETA], for example, is a well-known, non-profit organization with a mission of “establishing and protecting the rights of all animals.” Among PETA’s many successes include its victory in convincing major companies, such as Ocean Spray, L’Oréal, and Welch’s, to stop animal testing, and its fruitful campaigns to force fast food companies, such as Burger King and McDonalds, to impose animal welfare standards. PETA receives millions of dollars in donations annually, and benefits from celebrity sponsorships. PETA has successfully raised awareness on important issues regarding animal welfare, and through its tireless action it has established itself as the best-known animal rights organization in the world. PETA insists that it aims to deliver its messages through peaceful advertisements, non-violent protests, investigations of animal abuse, and lobbying. However, tensions have arisen between the United States government and PETA due to the reports of more violent instances of protest, many of which can be classified as environmental terrorism.

Despite those implications of terrorist involvement, PETA has

never claimed responsibility for any environmental terrorist attacks.

Nevertheless, according to a recent Washington Post report, PETA has engaged in terrorist techniques of accosting fast-food company executives, threatening companies known to test on animals, and illegally infiltrating these companies’ events. Such acts do not measure up to the violence of other environmentalist groups such as ELF, but can still be classified as environmental terrorism because they attempt to accomplish goals through manipulation and fear tactics.

PETA has also been implicated in much more severe acts of environmental terrorism. PETA has been the subject of numerous FBI investigations due to the financial gifts it has bestowed upon extremist environmentalist groups. In fact, according to a study by FOX News, PETA’s tax returns have revealed numerous donations to environmentalist terrorist groups, including a $1,500 gift to ELF. Detractors have accused PETA of encouraging terrorist acts and defending terrorists. PETA has vehemently denied such accusations, and has downplayed remarks that seemed to support terrorism made by its representatives, such as PETA representative Bruce Friedrich. Friedrich claimed “it would be great if all of the fast-food outlets, slaughterhouses, these laboratories, and the banks that fund them exploded tomorrow.” Though PETA is better known as a peaceful organization, such remarks demonstrate the strain between advocates of peaceful protest and those who support environmentalist terrorism.

Like ELF and other environmentalist groups, PETA fights for a solution to an important global issue, and succeeds in raising awareness and creating solutions. Unfortunately, though some of these organizations’ methods are peaceful, the reputations and the legitimacy of these organizations are seemingly polluted by acts of environmental terrorism. Eco-terrorists may be motivated by noble causes, but they consistently place the value animal life and the health of the environment above that of human life. Ultimately, their causes are sabotaged when they resort to criminal acts.

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Blood of a Child:

Child Abuse Around Globe

M

y Papa’s a Good Man but he hit my back so hard it started to bleed like a faucet and then hit my eye and I couldn’t see for a week because of pain”- Abused girl of Nigeria For the average American, whipping a child so severely that blood begins to flow may amount to child abuse. However, in many nations, children remain unprotected from such treatment because such disciplinary measures are considered standard protocol.

Specific to the United States, the Federal Child Abuse Prevention and Treatment Act defines child abuse and neglect as, at minimum: Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation of a person under the age of 18. As well as an act or failure to act in a circumstance that pres-

“Children remain unprotected from such treatment because such disciplinary measures are considered standard protocol.” ents an imminent risk of serious harm to aforementioned persons.

However, many forms of abuse and neglect exist and different governments have developed separate legal definitions of what “constitutes child maltreatment for the purposes of removing a child and/or prosecuting a criminal charge.”

The cause of child abuse has been associated with a variety of factors, many of which contribute to family stress or tension. It is important to note that many parents abusing their children were themselves abused or neglected. Furthermore, circumstances that place families under incredible pressure, such as poverty, divorce, alcohol or drugs, sometimes take their toll in child mistreatment.

The effects of abuse are far-reaching and abuse is often the cause of many physical, emotional or psychological illnesses. A study by Dante Cicchetti found that 80% of abused and maltreated infants exhibited symptoms of attachment disorder, a psychological condition in which the child does not feel a connection to his or her parent(s) and feels a need to be evasive or lie to cover one’s true feelings. Children with a history of maltreatment, such as physical and psychological neglect, physical abuse, and sexual abuse, are at risk of developing extremely severe psychiatric problems, including Reactive Attachment Disorder. These children may be described as experiencing trauma-

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By Thomas Hwang

attachment problems. The trauma when inflicted by a primary caregiver can disrupt the normal development of secure attachment. Such children are at risk of developing a disorganized attachment. Disorganized attachment is associated with a number of developmental problems, including dissociative symptoms, as well as depressive, anxiety, and acting-out symptoms.

One of the most famous child abuses cases was that of Elisa Izquierdo, a six-year old girl who was beaten to death by her mother Awilda Lopez, a New York City drug addict, in 1995. Elisa’s death made national headlines when it became apparent that New York City’s Child Welfare System (now the Administration for Children’s Services) missed many opportunities to intervene and to save her life, thus bringing the CWA (ACS) under critical speculation. Governor George E. Pataki signed Elisa’s Law on February 12, 1996, after extensive media coverage on Elisa’s plight. Elisa’s Law was designed to “balance the need for increased accountability, through public knowledge and government oversight, with the privacy interests of individuals involved in child protective services cases.” In the summer of 1996, Awilda Lopez was sentenced to 15 years to life in prison for killing her daughter.

A similar case made state headlines in the Midwest.

Three year old Joseph Wallace was murdered by his mother on April 18, 1993 in their Chicago apartment. Joseph’s mother Amanda, who committed suicide in 1997, was herself a survivor of child abuse. She suffered from epilepsy and was known to have been mentally unstable as well; this fact is what many believe led her to frequently harming herself and her children.

The local child welfare center removed Joseph three times from his mother’s home to foster care, between 1989 and 1992, only

“The trauma experienced is the result of abuse or neglect, inflicted by a primary caregiver, which disrupts the normal development of secure attachment.”

to be returned to his mother’s care, as it was believed that it would be in his best interest to be raised with a natural parent, even though each successive time that Joseph was returned to his mother’s house it was clear that he was being physically and emotionally abused, to the extent that his foster parents would notice bald spots on his head from physical trauma. In the early morning hours of April 18-19 1993, Joseph was killed by his mother, who hung him from the metal crank-arm of their apart-

The Horace Mann Review Issue 3, Vol. XVI

Adults who were abused as children are more likely to grow up to abuse their own children.

ment door. Joseph’s mother, who displayed erratic behavior throughout much of the trial, was sentenced to life in prison.

The child protection policies in the United Kingdom were drastically altered after the death of Adjo Victoria Climbié, born in Côte d’Ivoire on November 2, 1991. At the age of seven, Adjo was sent by her parents to Europe with her greataunt Marie Thérèse Kouao to pursue an education. With her great-aunt, Adjo traveled first to France, and then to England, where Kouao met bus driver Carl Manning. Victoria and Adjo moved into Manning’s home in Tottenham in July 1999. Both Kouao and Manning ruthlessly abused Adjo; Adjo was admitted into a hospital on February 24, 2000, unconscious and suffering from hypothermia. She died the next day and the Home Office pathologist noted 128 separate injuries and scars on her body. Marie Thérèse Kouao and Carl Manning were charged with child cruelty and murder, and both were found guilty, and sentenced to life imprisonment. Adjo’s murder served as the impetus for a public inquiry, directed and chaired by Lord Laming, who investigated the role of social services, the National Health service, and the police in her death. The Laming report found that on at least 12 occasions care workers could have saved her life. The Laming report as well as the general public outcry led to further reforms of the way child protection measures are implemented in the UK, including the creation of a Universal Child Database to keep track of every child in Britain in order to better co-ordinate the notes of doctors and social workers.

With recent child abuse cases, many Western governments have implemented policies and legislation that protects children and prevents future abuse. In the United States specifically, several federal laws govern Child Protective services, including: Child Abuse Prevention and Treatment Act (CAPTA), Indian Child Welfare Act (ICWA), Multi-Ethnic Placement Act (MEPA) and the Adoption and Safe Families Act (ASFA). In Australia, child abuse and neglect is subject to mandatory reporting and doctors, nurses and teachers are bound to report strong evidence of abuse or neglect. State authorities, such as the Child Protection Unit of the Department of Human Services (Victoria), have statutory authority to investigate and deal with child abuse. In the United Kingdom,

the NSPCC provides a telephone help line for anyone to contact professionally trained social workers regarding concerns about children. The NSPCC forwards any concerns they receive on to the relevant local authorities (where the child concerned lives) that would then make enquiries regarding those concerns.

Although child abuse is now illegal in several Western countries, such legislation has not always led to the banning of domestic corporal punishment. The Supreme Court of Canada recently reaffirmed the right of a parent or guardian to use corporal punishment on children between the ages of two and twelve; this decision was contentious, being based upon S.43 of the Canadian Criminal Code, a provision enacted in 1892). Similarly, despite some opposition to corporal punishment in the USA, spanking children is legal, with some states explicitly allowing it in their law, and a few states even allowing its use by schools. All forms of corporal punishment have been legalized in Massachusetts via a court decision, though a ban has been proposed. In most of Eastern Asia, including China, Taiwan, Japan and Korea, it is legal to punish one’s own child using physical means. In Singapore and Hong Kong, punishing one’s own child with corporal punishment is either legal but discouraged, or illegal but without active enforcement of the relevant laws. Culturally, people in the region generally believe a minimal amount of corporal punishment for their own children is appropriate and necessary, and thus such practice is tolerated by the society as a whole.

There is resistance, particularly from conservatives, against making the corporal punishment of children by their parents or guardians illegal. In 2004, the United States declined to become a signatory of the United Nation’s “Rights of the Child” because of its sanctions on parental discipline, citing the tradition of parental authority in that country and of privacy in family decision-making.

The disparity between protection of children from child abuse and from corporal punishment has continued to be of concern to many social workers. Moves to eliminate child abuse, while allowing physical punishment, would ultimately be futile, for child abuse stems from corporal punishment. The future of the next generation and its well-being is at stake, and without proper protection, children’s blood will continue to flow.

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Corporal Punishment

C

By Alice Kissilenko

hild abuse, including assault with a weapon or pend the pupil or even expel them. The option of having parinstrument that leaves marks or bruises, is il- ents “shadow” their child through a full school day is also used. legal in all 50 states... unless you are a public Restorative justice conferences, where the perpetrator meets school with the victim to discuss teacher the effects of their actions in one of the 22 states in and what needs to be which corporal punishfixed, and community serment is legal. States are vice requirements are also divided into four catnovel methods for dealing egories based on whether with behavioral problems. they allow corporal punTeachers are alishment, have reinstated lowed to use “reasonit, have laws against it, able force” to prevent a or resolve neither to ban student from committing the nor practice it. The a crime, causing injury groundwork for these laws or damage, or causing is based on the 1977 Sudisruption as decided by preme Court ruling that Education Act 1996. The paddling is neither cruel most important tenet of nor unusual punishment. discipline, however, is the Certain schools neglect the long-term prevention of fact that the Supreme Court disruptive behavior. This actually outlawed corpocan be achieved though ral punishment in prisons classroom behavior manand mental hospitals. Alagement, the involvement though state governments of psychologists, coundo not agree on the exselors, and pastoral suptent to which a student port programmes, as well can be disciplined, some as recognition of good see monitoring behavior behavior and successes. in schools as a necessity.

This also involves impleThroughout most menting fair and consisof the world, there exists tent punitive methods and a “discipline ladder” esan honor code, as well as tablished by Departments a regular review of these for Education and Skills practices and updating Guidance that enumerates both parents and students punishment and prevenof changes. Student input tion methods relative to the on discipline rules has crime. The bottom rung also proven helpful. The consists of a simple verbal Corporal Punishment has long been used to discipline children in school. divergence comes at the warning or reprimand. If the disruption continues, physical or last rung of the ladder, where corporal punishment is considered. written means of punishment may be utilized, such as push-ups Advocates for physical punishment agree that it should or an apology. At some point, letters to parents are warranted to only be used as a last resort if students do not respond to other seek help from home or permission to remove lunchtime privi- methods of discipline. The advocates say that “sending a teachleges or institute a time out in the corner. Detention or night er into a classroom with no cane is like sending a boxer into schooling can also be used. If the student proceeds to seriously the ring with one hand tied behind his back.” It is a necessary break school rules and his or her presence begins to harm other combatant against back talk and belligerence towards school children and disrupt learning, the school is permitted to sus- authorities, and many believe that it works when appropriately

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The Horace Mann Review Issue 3, Vol. XVI

While corporal punishment cannot legally be used by private individuals, it is still employed in schools in 22 states.

done. Most prefer to secure parental consent beforehand, but reject using this as a requirement for all cases. Witnesses are recommended to prevent excesses, and only professional educators may administer caning or paddling. Corporal punishment is most frequently encountered in small, rural towns or religious communities, many of which believe that the Bible endorses the practice in the Proverbs. It is also part of the growing zero-tolerance policy of our era, especially after the Columbine High School massacre and other cases of extreme school violence.

Directors who support programs against corporal punishment have a very different view. They state research showing that such corporal punishment increase vandalism, delinquency, and the drop out rate. The true goal, they say, is making a child understand the gravity of his actions and discover what motivated him to act in an inappropriate way. In fact, the problems that merit such harsh punishment are simmering down, as teachers are faced more with lethargy and laziness in the classroom than violence. Thus, “we have reached a point in our social evolution where this is no longer acceptable,” and “an educator who cannot teach without resorting to the paddle should look for another job.” Other alternatives should be used, along with making the curriculum more relevant to students and discussion-based classes to prevent students from getting restless. Violence only creates an atmosphere of fear and anger, which is not conducive to education. Corporal punishment may also serve to divide students by race if some are beaten more frequently, or into “beatables” and “unbeatables” if certain parents exempt their children while other do not. Thus, there is a cultural factor as well.

This is reflected in the fact that the United States has one of the most unequal educational systems in the industrialized world, as every part of the country sees things differently. This also explains the international standards for punishment in schools. The European Union is banning corporal punishment in public schools, although the votes to do so are extremely close. The British House of Commons bill banning the longtime classroom practice passed by a bare 231 to 230. In Asia and Africa, however, severe practices of caning and paddling often go unpunished by the government, the judicial system, or the parents. It is common for students to return home with bleeding bruises and broken bones and for parents not to have the resources or knowledge to act.

Although punishment in schools is still at a deplorable level internationally, there has been a decrease in corporal punishment since the 1970s. Migrants from big cities to small, rural communities or abroad bring with them the higher standards for education and treatment that such areas need to rise up from their traditional stand points. Just as curricula, judicial systems, and international cooperation evolve, so must the punishments and practices needed to enforce them. A number of programs have proven effective in aiding schools rise to a new level, such as Social Skills Instructions, Character Education Programs, Student Recognition Programs, Peer Mediation, and the OSEP Technical Assistance Center of Positive Behavioral Interventions and Supports. The American Academy of Pediatrics, the National Association of School Psychologists, and the American Medical and Bar Associations have also come out against corporal punishment.

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The Horace Mann Review

The Torture Complex

By Kimya Zahedi

“Tactics of torture are being utilized wherever detainees can be found, and the Bush administration has done nothing to effectively halt the process.�

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utting aside moral questions, torture is a method based on outdated and naive behaviorist theories.

The practice is not an effective way of yielding reliable information but rather is severely counterproductive in intelligence interrogations.

The goal of intelligence interrogations is to acquire the maximum amount of accurate information in minimum time. The

“Torture is a method based on outmoded and naive behaviorist theories. The practice is not an effective way of yielding reliable information but rather is severely counterproductive in intelligence interrogations”

The Horace Mann Review Issue 3, Vol. XVI ity of the detainee to provide accurate information, proving to be an impediment in reaching the interrogator’s goal.

The coercive methods being used in interrogating international detainees and prisoners of war have also cost the American government some international criticism. Representatives of other nations have alleged mistreatment and unfair punishment at detainment camps like the Guantanamo Bay Detention Center and Abu Ghraib prison. The international community was utterly shocked when reputable newspapers displayed pictures of Iraqi war detainees being treated cruelly and violently at Abu Ghraib, outside of Baghdad. Not many were aware of the measures that American troops were taking in terms of its treatment of prisoners. The pictures extenuated the subject of torture to the general public. People all over the globe, even at home, found moral questions with the interrogation system that the pictures displayed. They depicted piles of men forced nude, battered, and bruised, and they triggered a sense of guilt and sadness in the international population. It was then that people began to speak up.

George W. Bush and his cabinet fully support the use of coercive interrogation methods on detainees and prisoners of

popular public notion of torture being a trusted method in attaining information from prisoners of war is utterly false and fabricated.

Popular media displays torture on television and in cinema as a brutal, widely practiced method, used to save the world. In reality, very few times in history has the information given to interrogators by torture victims been remotely true. The notion that one will actually divulge accurate information under pressure is callow.

This notion also conflicts with the most effective methodologies of interrogation, as well as with cardinal tenets of psychology.

The innocent are apt to fabricate and those with real information and trained to resist interrogation by adjusting the information or by presenting previously rehearsed lies or back stories. war. The administration has merely swept the allegations of At a meeting over the issue held at Georgetown Uni- cruelty under the rug. But they have sparked a moral outcry versity this past November, psychologists attempted to under- from the international community, who condemn U.S. “hypocrisy” and “evil.” In response to the international reaction, the Bush administration has portrayed the issue as one of poor management on the part of a select few “bad apples,” such as generals in the army, who they name and reveal to the media.

The reality is that torture is being utilized wherever detainees can be found, and the Bush administration has done nothing to effectively halt the violations of U.S. and international law, even though the practice has proven to be not only unpopular, stand the effectiveness of the diverse, established interrogation but also ineffective. Unfortunately, government administrators methods in terms of psychological theories and research. The and war officials who use torture are not taking big steps toward group analyzed torture as an interrogation tool and main- reform. Alternative solutions, less physically punishing, have tained that, even in the most urgent situations, torture could been put forth and suggested by retired intelligence interroganot be considered an effective information gathering technique. tors, but have not been generally implemented. The campaign According to interrogators involved in training those new to the job of torturing, harsh approaches are typically carried out by novice and untrained interrogators and are usually the last resort of experienced interrogators. Those with experience realize through trial and error that indecent torture does not help to achieve the ultimate goal of reliable information.

The Georgetown psychologists then analyzed the possible reactions of detainees. According to their research, a detainee’s fear would most likely escalate into a combination of anger and fear under the duress of physical torture. It would be extremely difficult for an interrogator to re-gain control over the situation, thus losing the prisoner’s cooperation. against torture will continue, at least until governments accept They maintained that cooperation is crucial to ob- the fact that torture does not yield reliable and resourceful infortaining trustworthy information. Severe stress and in- mation, and abandon coercive interrogation methods altogether. jury, interrogators added, may impair the mental abil-

“The practice has proven to be not only unpopular, but also ineffective. Unfortunately, government administrators and war officials who use torture are not taking big steps toward reform.”

“The group analyzed torture as an interrogation tool and maintained that, even in the most urgent situations, torture could not be considered viable.”

“The fight for a torture-free world will remain stagnant, at least until governments accept the fact that torture does not yield reliable and resourceful information, and abandon coercive interrogation methods altogether.”

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The Horace Mann Review

Pro Bono

The Review talks to Scot Fishman of LeBoeuf, Lamb, Greene & MacRae LLP About Pro Bono Interviewed

by

Venkat Kausik

Do you believe that pro bono work creates 1. What influenced you to commit yourself to 4. better lawyers? pro bono work?

Before I was an attorney, I was a teacher in Washington, D.C.’s public school system. When I left the classroom to pursue my other passion, the law, I made a pact to myself that I would never forget to give back to under-resourced communities. For many years, I have been passionate about providing those in need with legal and nonlegal services. The legal system is one of the foundations of our society. The ability to navigate through our legal system is a skill not afforded to many. In my opinion, attorneys have a duty to share those skills with those who would not otherwise be able to afford our services. As it is currently, “the system” upon which we all depend is unbalanced. Unfortunately, those who live in under-resourced communities are often those whose rights are violated or those who need our services the most. I saw this first-hand during my experience as a teacher. If we turn a blind eye to such imbalances, we make things even worse by creating a system in which protected rights are exclusive to those with power and money.

2. What are some of the high points of your pro bono work?

Although I was a litigator, I chose to go a different direction with my pro bono work. Building on another passion of mine, the entertainment industry, I started to take on several artists and small entertainment companies on a pro bono basis. One of the highlights of my pro bono work was representing a microenterprise headed by two young men who grew up together in Harlem.

Their idea was to start a web site to match talented, independent artists with talent-seekers in the music industry. Putting together a team of corporate and IP attorneys, we were able to get the business off the ground.

3. What have you most enjoyed about your pro bono work?

I love direct client contact. My pro bono work allowed me to deal directly with those who I am representing- something that doesn’t necessarily happen at a junior level in large firm practice.

Absolutely. It is no secret that junior attorneys at large firms are provided with limited hands-on experience. Pro bono work can provide an excellent opportunity to supplement the skill-building process for young attorneys. Litigators can take depositions and learn how to become oral advocates in court. Transactional attorneys can become “relationship partners” for not-for-profits organizations or microenterprises. Most of all, pro bono work builds confidence in young attorneys. There’s nothing like the feeling of just winning a case, or single-handedly negotiating a deal for a small company. That confidence yields better results from attorneys in their billable work.

5.

How is your firm’s pro bono program structured?

As Manager of Corporate Social Responsibility (“CSR”), I am responsible for administering our firm’s pro bono work and community service projects. We have a Pro Bono Committee, chaired

by John M. Aerni, one of our litigation partners. I work with John and the Committee to manage the firm’s pro bono efforts.

Recently, we initiated several pro bono teams centered around various types of pro bono law. For example, we have created the Family Law & Domestic Violence team, headed by a partner and consisting of attorneys who are interested in such work. Soon a complete list of the teams will be available on our web site. The objectives of the teams are (1) to assist me with pro bono case assignment and management; (2) to help communicate with attorneys in the respective teams regarding pro bono initiatives, the matter intake process and other topics as they arise; (3) to provide structure and leadership for attorneys who are interested in the teams and to assist with identifying supervising attorneys for pro bono matters; (4) to work with me to provide appropriate pro bono training; and; (5) to explore new opportunities within the respective pro bono teams, focusing primarily on issues facing children, if appropriate.

6. How have you cooperated with other organizations in your pro bono work?

We often team up with prominent advocacy groups in our pro

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The Horace Mann Review Issue 3, Vol. XVI bono representation. For example, as described above, we recently partnered with the NAACP Legal Defense & Educational Fund in drafting an amicus brief for two combined U.S. Supreme Court cases. We successfully challenged the Missouri voter identification statute by partnering with the Lawyers Committee for Civil Rights Under Law. We will soon be partnering with the Puerto Rican Legal Defense & Education Fund for a host of matters. We work very closely with inMotion, an organization dedicated to the protection of minority women’s rights with respect to domestic violence and child custody and support. We will soon be creating an externship opportunity with Lawyers Alliance for New York, and many of our attorneys are currently working on transactional matters obtained through Lawyers Alliance.

7. How are pro bono hours dealt with in your firm (i.e. are they billable, etc.)? Does pro bono factor into compensation, performance reviews and partnership decisions? How do lawyers in your firm receive their pro bono work?

The firm factors up to 200 pro bono hours towards the billable target for attorneys, which is used for bonus compensation. The firm also allows attorneys to go beyond this 200 hour limit on a case-by-case basis, with prior approval. Attorneys who supervise pro bono assignments are afforded the same opportunity to evaluate junior attorneys as would be expected on billable assignments. Those evaluations are the basis for performance reviews, so pro bono work is just as much a part of the process as other matters. Our firm is a signatory to the pro bono challenge, and we strongly encourage all attorneys to devote at least 50 hours to pro bono service each year. Pro bono matters come to the firm in several ways: (1) requests for assistance from public interest and pro bono clearinghouse organizations with which the firm is affiliated, (2) court appointments to represent indigents in both civil and criminal matters, (3) requests for assistance from bar associations, and (4) the initiatives of individual attorneys.

8. Is enough pro bono work being done in

America? If not, what can be done to increase pro bono services in America?

I believe that we are experiencing an increase in pro bono work among major law firms- and for whatever reason, that is a good thing. To answer the question, however, not enough pro bono work is being done. Many attorneys are afraid to get involved for lack of knowledge in particular fields of pro bono law. If I have to identify one thing that would help increase pro bono services in America, it would have to address this very large obstacle.

Attorneys are reluctant to get involved often because the issues in many pro bono cases deal with family or housing law- something with which corporate attorneys (or many litigators, for that matter) are less familiar. The more we can find opportunities that build upon transactional attorneys’ experiences- or the more that we can train these attorneys competently such that they understand that most poverty law matters are far from rocket sciencethe more we will increase pro bono participation.

Biography Scot H. Fishman

Manager of Corporate Social Responsibility

Education:

University of Virginia, B.A., Distinguished (1997) University of Virginia, J.D., Distinguished (2003)

Bar Admissions: New York State

Court Admissions:

Southern District of New York Mr. Scot Fishman is the Manager of Corporate Social Responsibility for LeBoeuf, Lamb, Greene & MacRae LLP. Mr. Fishman, a litigation lawyer, is responsible for the management of his firm’s pro bono and community service agenda. Mr. Fishman has extensive experience in pro bono work, and cites civil rights, microenterprise, housing court litigation, family law & domestic violence, and immigration and political asylum as some highlights of his firm’s pro bono practice.

Before joining LeBoeuf, Lamb, Greene & MacRae LLP, Mr. Fishman was an active Teach For America corps member and he taught at an under-funded Washington D.C. elementary school for three years. He was Student Body President at the University of Virginia, were he earned his B.A. and J.D.

LeBoeuf, Lamb, Greene & McRae LLP LeBoeuf, Lamb, Greene & MacRae LLP, founded in 1929, is a leading global law firm consisting of over 700 practicing lawyers and 19 law offices. It deals with issues ranging from banking, finance, and insurance to real estate and entertainment. The firm has been recognized with various awards, and continues to be a prominent international law firm.

Pro Bono Pro Bono Publico, literally meaning for the public good, is used to designate work (especially legal work) that is done by choice for the public good. Pro bono work normally is done on the behalf of needy clients or nonprofit organizations. The American Bar Association, which emphasizes the importance of pro bono work, advises lawyers to contribute at least 50 years of pro bono work per year, and various firms have established pro bono initiatives.

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The Horace Mann Review

The Death Penalty

T

he debate over the use of capital ness in dealing with convicts. In fact, life without parole punishment has been a heated is often not as unconditional as it sounds. Laws change one in recent years. The propoand parole boards may decide to release a convicted nents of the death penalty call it murder. Any release is made on the basis of the board’s an appropriate punishment for an genuine belief that the criminal can become a producespecially egregious crime; however, its opponents tive member of society. There is, however, always a attack this claim, citing racism, risks of wrongful chance that a board’s belief in the criminal is misplaced. executions, and the morality of execution as serious Some people argue that paroled criminals are problems which must be addressed. These oppoable to recommit the same crime and have done so in nents tend to suggest a life sentence as a more huthe past, and therefore these punishments are not truly mane form of punishment, but others have attacked life sentences. There are two problems with this argulife sentences for its inability to deter criminals, a ment. First, life sentences usually keep the criminal inlack of fairness, and causing a slew of mental effects carcerated until he or she is at least 50 years old. Naon the prisoners. While it might be unclear whether tional studies show that only about 2% of paroled men or not a life sentence provides an effective deterrent older than 55 return to prison. Also, if criminals recomfor potential criminals, research is equally inconclumit despite parole board’s trust in them, the problem lies sive for capital punishment. Some advocates of the not in the life sentence itself but in the parole boards. death penalty cite thirty years of studies as showing Proponents of the death penalty argue that in order such an effect within the United States; however, to dissuade life sentenced prisoners from further crimes, several other studies found no such connection. there must be a punishment worse than life without parole One research project which found no connection sentences. Nonetheless, the Universal Declaration of Huconcluded, “We find no consistent evidence that man Rights, adopted by the United Nations General Ascapital punishment influenced police killings sembly on December 10, 1948, forbids the death penalty. during the 1976-1989 period.... Police do not In Article 3 it clearly states, “Everyone has the right to appear to have been afforded an added mealife, liberty and security of person.” Advocates of life sure of protection against homicide by capisentences argue that if the prisoner had been wrongly tal punishment.” In an interview with The convicted, he or she may be saved, whereas with the Review, Professor Paul Rubin of Emory death penalty, by the time the error is discovered, University said, “Most recent research the prisoner may have already been executed. including my research finds that there Regardless of whether the death penis a deterrent effect. However, some alty is legally permissible, there also looms scholars have questioned this.” In the costs of both retributions. According to The Deterrent Effect of Capital Professor Rubin, “The studies measuring y illiam im Punishment David P. Phillips said, a deterrent effect have found that each ex“The greater the publicity surecution saves several lives – for example, rounding executions, the greater the our results found that each execution saved deterrent effect.” Conversely, since an estimated 18 lives. Regulatory agencies the United States does not practice typically use a figure of about $3,000,000 per public execution, it is difficult to life saved. Using these figures, the death penfind an association between crime alty clearly pays if there is a deterrent effect.” prevention and capital punishment.

However, assuming there is no deterrent effect, Life sentences are an equally fair the death penalty may be more expensive than and more humane method of punishment the life imprisonment sentence. The Death Penalty than the death penalty. Some studies claim Information Center cites four studies between 1994 and that life sentences without parole are just as harsh a 2005 that show that capital punishment is more expensive. punishment as the death penalty. However, life without parole senCapital Punishment and the Life without Parole sentence have tences have also come under attack. Its opponents state that prisons flaws in them. However those contained within the death penalty are are too comfortable. Furthermore, they cite prisoners’ preference to greater. Since it may have no crime dissuasion effect and since it risks life sentences over the death penalty as further proof of its weak- the lives of the innocent, it should be replace by the life imprisonment

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The Horace Mann Review Issue 3, Vol. XVI

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