Category Archives: Law

How the Industrial Authority can stop the CCA private prison: no third extension by 13 March 2012

Apparently the Industrial Authority can end the contract for CCA’s private prison six weeks from now, by simply not doing anything until then.

CCA has already paid for two extensions on their Option Agreement for land purchase. The Second Extension Term was paid for in March 2010 and forwarded to the land owner. Here’s video of Col. Ricketts announcing it to the VLCIA board 15 March 2011. That second extension expires 13 March 2012, six weeks from today.

A Third Extension Term is possible, but has to be negotiated. Here’s what Purchase and Development Agreement of 17 August 201 says:

1.4.2.3. Third Extension Term. The Authority shall use commercially reasonable efforts to obtain an option for a third extension term of twelve (12) months (the “Third Extension Term“). In the event the Authority is able to obtain such extension option on terms and conditions such that any required earnest money to be paid by the Company in connection with the exercise of such extension option does not exceed $75,000, and there is no increase of the price of the Site or any other payments not already required by the Option Agreement, then the Authority shall enter into a written agreement (the “Third Extension Term“) with the Seller reflecting the terms and conditions of such extension option….
What happens if the Authority does not provide such an extension option? Continue reading →

the relatives of those people don’t care who is winning (the drug war) —Carlos Fuentes

A writer of fiction tells the truth about the failed war on drugs. We’re way past the beginning and middle of this story: time to end it. Which makes this a very bad time to build a private prison that depends on the war on drugs.

Anita Singh wrote for the Telegraph today, Carlos Fuentes: legalise drugs to save Mexico,

Fuentes, Mexico’s greatest writer and a former diplomat, addressed the contemporary problems of Latin American — in particular, Mexico’s drug problem.

He said: “The drug traffickers are in Mexico, they send the drugs to the US and once they get across the border what happens? We don’t know who consumes them. We can’t prosecute, we can’t defend. It’s a very difficult situation for us Mexicans. The governments of the US and Mexico have to fight drug trafficking together.”

Fuentes believes that decriminalising drugs is the only way to end the violence that in the past five years has claimed nearly 50,000 lives of gang members, security forces and innocent bystanders.

“It is a confrontation. Sometimes we win, sometimes they win. But there are 50,000 killed and the relatives of those people don’t care who is winning.

Nobody is winning except the profiteers in arms and pesticides, such as Monsanto. And even mighty MON is losing to Boliviana negra. Alcohol prohibition produced Al Capone and other gangsters; the failed War on Drugs produced drug gangs and ever more vicious militarization of police forces, right up to the Mexican failed “solution” of calling out the Army into the streets.

We’re all losing through lack of money for education and militarization of our own police. We can’t afford this costly failed experiment. The real solution is the same today as in 1933: legalize, regulate, and tax. That will also drop the U.S. prison population way down, saving a lot of money that can be used for education. It’s going to happen eventually, so building more prisons that will end up being closed is a bad idea.

-jsq

How to end the epidemic of incarceration

There are historical reasons for why we lock up so many people, some going back a century or more, and some starting in 1980 and 2001. Knowing what they are (and what they are not) lets us see what we can do to end the epidemic of incarceration that is damaging education and agriculture in Georgia.

Adam Gopnik wrote for the New Yorker dated 30 January 2012, The Caging of America: Why do we lock up so many people?

More than half of all black men without a high-school diploma go to prison at some time in their lives. Mass incarceration on a scale almost unexampled in human history is a fundamental fact of our country today—perhaps the fundamental fact, as slavery was the fundamental fact of 1850. In truth, there are more black men in the grip of the criminal-justice system—in prison, on probation, or on parole—than were in slavery then.
In Georgia, 1 in 13 of all adults is in jail, prison, probation, or parole: highest in the country (1 in 31 nationwide). Georgia is only number 4 in adults in prison, but we’re continuing to lock more people up, so we may get to number 1 on that, too.
Over all, there are now more people under “correctional supervision” in America—more than six million—than were in the Gulag Archipelago under Stalin at its height. That city of the confined and the controlled, Lockuptown, is now the second largest in the United States.

The accelerating rate of incarceration over the past few decades is just as startling as the number of people jailed: in 1980, there were about two hundred and twenty people incarcerated for every hundred thousand Americans; by 2010, the number had more than tripled, to seven hundred and thirty-one. No other country even approaches that. In the past two decades, the money that states spend on prisons has risen at six times the rate of spending on higher education.

And we can’t afford that, especially not when we’re cutting school budgets. That graph of education vs. incarceration spending is for California. Somebody should do a similar graph for Georgia.

The article does get into why we lock up so many people: Continue reading →

Quitman 10 + 2 Press Conference

Received yesterday. -jsq
News never reported in the Quitman FREE PRESS or in SOUTH GEORGIA NEWS MEDIA:


Video of Quitman 10 + 2 Press Conference in Atlanta 23 January 2012 by voiceofthevoiceless1

From the YouTube description:

Senator Emanuel Jones is demanding “all charges are dropped”
Continue reading →

Just as prohibition of alcohol failed… the war on drugs has failed —Richard Branson

Richard Branson wrote for the Telegraph yesterday, It’s time to end the failed war on drugs
Just as prohibition of alcohol failed in the United States in the 1920s, the war on drugs has failed globally. Over the past 50 years, more than $1 trillion has been spent fighting this battle, and all we have to show for it is increased drug use, overflowing jails, billions of pounds and dollars of taxpayers’ money wasted, and thriving crime syndicates. It is time for a new approach.

Too many of our leaders worldwide are ignoring policy reforms that could rapidly reduce violence and organised crime, cut down on theft, improve public health and reduce the use of illicit drugs. They are failing to act because the reforms that are needed centre on decriminalising drug use and treating it as a health problem. They are scared to take a stand that might seem “soft”.

But exploring ways to decriminalise drugs is anything but soft. It would free up crime-fighting resources to go after violent organised crime, and get more people the help they need to get off drugs. It’s time to get tough on misguided policies and end the war on drugs.

Branson isn’t just a billionaire speaking his mind, he was also on the Global Commission on Drug Policy that studied the problem and recommended last summer that we end prohibition.

Branson does bring his business experience to bear: Continue reading →

Abandoning part of Bethany Road contentious and enlightening @ LCC

Quite a few people showed up at the Lowndes County Commission public hearing about abandoning part of Bethany Road, speaking pro and con. We learned many interesting reasons for abandoning that road, which would apply to many dirt and maybe paved roads in the county, many of which are on the county’s paving list. More about that and an interesting view of the press in later posts. First, here’s what we’re talking about.

12 December 2011 Work Session

Here are the minutes:
Abandonment of a Portion of Bethany Road, County Engineer, Mike Fletcher, presented a request by citizens for the abandonment of a portion of Bethany Road. Mr. Fletcher explained that the Commission was being asked to make an initial determination that either the section of the county road system has been ceased to be used by the public to the extent that no substantial purpose is served by it, or that its removal from the county road system is otherwise in the best public interest. Mr. Fletcher added that once the initial determination was made, staff would move forward with the appropriate advertising of a public hearing at which time the Commission could make a final decision.
Here’s video in which County Engineer Mike Fletcher said the part of Bethany Road to be abandoned runs from Bethany Drive down through the Stith and Turner family properties towards Old US 41 North as far as the Rykard property, and that all residents would still have access out to other roads. County Manager Joe Pritchard noted that Continue reading →

Pop the drug war balloon: legalize and regulate the drug trade —Terry Nelson, LEAP

LTE in the WSJ, 21 January 2012:
The article illustrates what I learned over my 30-year career as a federal agent: Cracking down in one place doesn’t make drugs disappear, it only moves the trade elsewhere. This so-called “balloon effect,” combined with the insatiable demand for drugs across the globe, means that no level of law-enforcement skill or dedication can make a significant dent.

The only way to pop the proverbial balloon is to legalize and regulate the drug trade, which would eliminate the opportunity to make enormous black-market profits. It wasn’t easy for me to come to this revelation after dedicating so many years to enforcing drug laws, but it is common sense. Law-enforcement officers don’t have to chase gangsters selling booze from town to town because we ended the failed experiment of alcohol prohibition decades ago. It is time we do the same for other drugs.

Terry Nelson
Executive Board Member
Law Enforcement Against Prohibition
Granbury, Texas

And that will pop the incarceration bubble, as well, according to CCA’s own 2010 report to the SEC. -jsq

Free the Internet: stop SOPA and PIPA

If you don’t know what SOPA and PIPA are, Google, Wikipedia, reddit, and many other websites will tell you today that those are bills in Congress to censor the Internet.

If you like blogs, YouTube, facebook, and other social media, you won’t like SOPA and PIPA if they become law, because they will enable big copyright holders such as movie studios to force websites to remove links to entire domains on suspicion of copyright violation.

What you can do: contact your members of Congress today. You can do that through one of the many online tools Or call, email, or send a paper letter directly. Free the Internet!

-jsq

Cobb EMC backing off of coal at Plant Washington

Could Plant Ben Hill be next?

Kim Isaza wrote for MDJOnline yesterday, Cobb EMC’s pursuit cools on coal-fired power plant

Cobb EMC’s interest in building the coal-fired Plant Washington appears to be dead, and the company has begun soliciting bids for its future power supplies.

The electric cooperative has already spent $13.5 million toward permitting for the coal plant, which would be a new direction for the company from simply delivering electricity to also generating it.

On Jan. 24, Dean Alford, a spokesman for the Power 4 Georgians consortium of EMCs behind Plant Washington, is slated to address the Cobb EMC board, presumably in an effort to save the plant, for which his company, Allied Energy, got a no-bid development contract from P4G.

The Cobb EMC board could decide at that meeting whether to put any more money toward the project.

Many details of the 850-megawatt Plant Washington, including exactly why it is needed and any firm idea of what it will cost to build and operate, have been kept quiet, sparking critical questions from EMC members and environmental groups. It was proposed under former EMC head Dwight Brown, who is facing 34 criminal charges of theft and racketeering relating to his leadership at EMC.

So can somebody come up with an 850 MW solar plant to propose by 24 Jan 2012?

-jsq

Who gets to serve on the Brooks County School Board —VDT

The VDT caught up with the TV stations today on the Quitman 10 story, and provided updates and context they did not.

David Rodock wrote on the front page of the VDT today, Gov. suspends `Quitman Ten’ officials,

On Tuesday, Deal issued his order prior to the Brooks County Board of Education’s first meeting of 2012. Dr. Nancy Whitfield-Dennard, Elizabeth Diane Thomas and Linda Faye Troutman were notified of this suspension at approximately 4:30 p.m., according to sources.
That’s a bit more context than the TV stations provided.

The VDT also says who gets to serve instead:

Following the governor’s suspension this week, Brooks County school board member Brad Shealy, who is also an assistant Southern district attorney, was appointed to serve as president of the board with board member Larry Cunningham serving as vice president. Shealy served many years as the school board president prior to Whitfield-Dennard being named president last year.
That seems to be the same Brad Shealy who used to be chairman until the recent election.

The VDT adds this context: Continue reading →