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| Tennessee No Evil | ||||
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Friday, September 10, 2010
The Daily Show - Tennessee No Evil (video)
Tuesday, September 7, 2010
US church to go ahead with Sept. 11 Quran burning
.GAINESVILLE, Fla. – A Christian minister vowed Tuesday to go ahead with plans to burn copies of the Quran to protest the Sept. 11 terrorist attacks despite warnings from the White House and the top U.S. general in Afghanistan that doing so would endanger American troops overseas.
Pastor Terry Jones of the Dove World Outreach Center said he understands the government's concerns, but plans to go forward with the burning this Saturday, the ninth anniversary of the attacks.
He left the door open to change his mind, saying he is still praying about his decision, which was condemned Tuesday by an interfaith coalition that met in Washington to respond to a spike in anti-Muslim bigotry.
Gen. David Petraeus warned in an e-mail to The Associated Press that "images of the burning of a Quran would undoubtedly be used by extremists in Afghanistan — and around the world — to inflame public opinion and incite violence."
State Department spokesman P.J. Crowley echoed that, calling the plan to burn copies of the Quran "un-American" and saying it does not represent the views of most people in the U.S.
"While it may well be within someone's rights to take this action, we hope cooler heads will prevail," Crowley said.
Jones told the AP in a phone interview that he is also concerned but wonders how many times the U.S. can back down.
"We think it's time to turn the tables, and instead of possibly blaming us for what could happen, we put the blame where it belongs — on the people who would do it," he said. "And maybe instead of addressing us, we should address radical Islam and send a very clear warning that they are not to retaliate in any form."
Jones, who runs the small, evangelical Christian church with an anti-Islam philosophy, says he has received more than 100 death threats and has started wearing a .40-caliber pistol strapped to his hip.
The threats started not long after the 58-year-old minister proclaimed in July that he would stage "International Burn a Quran Day." Supporters have been mailing copies of the Islamic holy text to his Dove World Outreach Center to be incinerated in a bonfire that evening.
The fire department has denied Jones a required burn permit for Saturday, but he says he is going ahead with his event. He said lawyers have told him his right to burn the Quran is protected by the First Amendment whether he's got permission from the city or not.
Muslims consider the Quran to be the word of God and insist it be treated with the utmost respect, along with any printed material containing its verses or the name of Allah or the Prophet Muhammad. Any intentional damage or show of disrespect to the Quran is deeply offensive.
The interfaith group of evangelical, Roman Catholic, Jewish, and Muslim leaders meeting in Washington condemned Jones' plan to burn the Quran as a violation of American values and the Bible. Among the participants was Cardinal Theodore Mccarrick, retired Catholic archbishop of Washington, D.C.; Rabbi David Saperstein of the Religious Action Center of Reform Judaism; and top officials from the Islamic Society of North America, the group that organized the gathering.
"This is not the America that we all have grown to love and care about," said Rabbi Steve Gutow of the Jewish Council for Public Affairs. "We have to stand up for our Muslim brothers and sisters and say, "This is not OK.'"
In this progressive north Florida town of 125,000 anchored by the sprawling University of Florida campus, the lanky preacher with the bushy white mustache is mostly seen as a fringe character who doesn't deserve the attention he's getting.
Still, at least two dozen Christian churches, Jewish temples and Muslim organizations in Gainesville have mobilized to plan inclusive events — some will read from the Quran at their own weekend services — to counter what Jones is doing. A student group is organizing a protest across the street from the church Saturday.
The Vatican newspaper on Tuesday published an article in which Catholic bishops, including Archbishop Lawrence John Saldanha of Lahore, Pakistan, criticized Jones' plan.
"No one burns the Quran," read the headline in Tuesday's L'Osservatore Romano.
Jones, who has about 50 followers, gained some local notoriety last year when he posted signs in front of his small church proclaiming "Islam is of the Devil." The church is independent of any denomination but follows the Pentecostal tradition, which teaches that the Holy Spirit can manifest itself in the modern day. Pentecostals often view themselves as engaged in spiritual warfare against satanic forces.
Jones' Quran-burning scheme, after it caught fire on the Internet, brought rebukes from Muslim nations and an avalanche of media interview requests just as an emotional debate was taking shape over the proposed Islamic center near the Ground Zero site in New York.
The Quran, according to Jones, is "evil" because it espouses something other than the Christian biblical truth and incites radical, violent behavior among Muslims.
"It's hard for people to believe, but we actually feel this is a message that we have been called to bring forth," he said last week. "And because of that, we do not feel like we can back down."
FBI agents have visited to talk about their concerns for Jones' safety, as multiple Facebook pages with thousands of members have popped up hailing him as either a hero or a dangerous pariah.
His plan has drawn formal condemnation from the world's pre-eminent Sunni Muslim institution of learning, Al-Azhar University in Egypt, whose Supreme Council accused the church of stirring up hate and discrimination and called on other American churches speak out against it. Last month, Indonesian Muslims demonstrated outside the U.S. embassy in Jakarta, threatening violence if Jones goes through with it.
___
Associated Press Writer Kimberly Dozier in Kabul, Afghanistan, and AP Religion Writer Rachel Zoll in New York contributed to this report.
http://news.yahoo.com/s/ap/20100907/ap_on_re_us/quran_burning/print
Friday, September 3, 2010
Thursday, July 29, 2010
Universal National Service Act (AKA reinstating the draft?)
HR 5741 IH
111th CONGRESS
2d Session
H. R. 5741
To require all persons in the United States between the ages of 18 and 42 to perform national service, either as a member of the uniformed services or in civilian service in furtherance of the national defense and homeland security, to authorize the induction of persons in the uniformed services during wartime to meet end-strength requirements of the uniformed services, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
July 15, 2010
Mr. RANGEL introduced the following bill; which was referred to the Committee on Armed Services
A BILL
To require all persons in the United States between the ages of 18 and 42 to perform national service, either as a member of the uniformed services or in civilian service in furtherance of the national defense and homeland security, to authorize the induction of persons in the uniformed services during wartime to meet end-strength requirements of the uniformed services, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Universal National Service Act'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL SERVICE
Sec. 101. Definitions.
Sec. 102. National service obligation.
Sec. 103. Induction to perform national service.
Sec. 104. Two-year period of national service.
Sec. 105. Implementation by the President.
Sec. 106. Examination and classification of persons.
Sec. 107. Deferments and postponements.
Sec. 108. Induction exemptions.
Sec. 109. Conscientious objection.
Sec. 110. Discharge following national service.
TITLE II--AMENDMENTS TO MILITARY SELECTIVE SERVICE ACT
Sec. 201. Registration of females.
Sec. 202. Registration and induction authority.
TITLE I--NATIONAL SERVICE
SEC. 101. DEFINITIONS.
In this title:
(1) The term `contingency operation' has the meaning given that term in section 101(a)(13) of title 10, United States Code.
(2) The term `military service' means service performed as a member of an active or reserve component of the uniformed services.
(3) The term `national service' means military service or service in a civilian capacity that, as determined by the President, promotes the national defense, including national or community service and service related to homeland security.
(4) The term `Secretary concerned' means the Secretary of Defense with respect to the Army, Navy, Air Force, and Marine Corps, the Secretary of Homeland Security with respect to the Coast Guard, the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration, and the Secretary of Health and Human Services, with respect to the Public Health Service.
(5) The term `United States', when used in a geographical sense, means the several States, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam.
(6) The term `uniformed services' means the Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned corps of the National Oceanic and Atmospheric Administration, and commissioned corps of the Public Health Service.
SEC. 102. NATIONAL SERVICE OBLIGATION.
(a) Obligation for Service- It is the obligation of every citizen of the United States, and every other person residing in the United States, who is between the ages of 18 and 42 to perform a period of national service as prescribed in this title unless exempted under the provisions of this title.
(b) Forms of National Service- The national service obligation under this title shall be performed either--
(1) as a member of an active or reserve component of the uniformed services; or
(2) in a civilian capacity that, as determined by the President, promotes the national defense, including national or community service and service related to homeland security.
(c) Age Limits- A person may be inducted under this title only if the person has attained the age of 18 and has not attained the age of 42.
SEC. 103. INDUCTION TO PERFORM NATIONAL SERVICE.
(a) Induction Requirements- The President shall provide for the induction of persons described in section 102(a) to perform their national service obligation.
(b) Limitation on Induction for Military Service- Persons described in section 102(a) may be inducted to perform military service only if--
(1) a declaration of war is in effect;
(2) the President declares a national emergency, which the President determines necessitates the induction of persons to perform military service, and immediately informs Congress of the reasons for the declaration and the need to induct persons for military service; or
(3) members of the Army, Navy, Air Force, or Marine Corps are engaged in a contingency operation pursuant to a congressional authorization for the use of military force.
(c) Limitation on Number of Persons Inducted for Military Service- When the induction of persons for military service is authorized by subsection (b), the President shall determine the number of persons described in section 102(a) whose national service obligation is to be satisfied through military service based on--
(1) the authorized end strengths of the uniformed services;
(2) the feasibility of the uniformed services to recruit sufficient volunteers to achieve such end-strength levels; and
(3) provide a mechanism for the random selection of persons to be inducted to perform military service.
(d) Selection for Induction-
(1) RANDOM SELECTION FOR MILITARY SERVICE- When the induction of persons for military service is authorized by subsection (b), the President shall utilize a mechanism for the random selection of persons to be inducted to perform military service.
(2) CIVILIAN SERVICE- Persons described in section 102(a) who do not volunteer to perform military service or are not inducted for military service shall perform their national service obligation in a civilian capacity pursuant to section 102(b)(2).
(e) Voluntary Service- A person subject to induction under this title may--
(1) volunteer to perform national service in lieu of being inducted; or
(2) request permission to be inducted at a time other than the time at which the person is otherwise called for induction.
SEC. 104. TWO-YEAR PERIOD OF NATIONAL SERVICE.
(a) General Rule- Except as otherwise provided in this section, the period of national service performed by a person under this title shall be two years.
(b) Grounds for Extension- At the discretion of the President, the period of military service for a member of the uniformed services under this title may be extended--
(1) with the consent of the member, for the purpose of furnishing hospitalization, medical, or surgical care for injury or illness incurred in line of duty; or
(2) for the purpose of requiring the member to compensate for any time lost to training for any cause.
(c) Early Termination- The period of national service for a person under this title shall be terminated before the end of such period under the following circumstances:
(1) The voluntary enlistment and active service of the person in an active or reserve component of the uniformed services for a period of at least two years, in which case the period of basic military training and education actually served by the person shall be counted toward the term of enlistment.
(2) The admission and service of the person as a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, or the United States Merchant Marine Academy.
(3) The enrollment and service of the person in an officer candidate program, if the person has signed an agreement to accept a Reserve commission in the appropriate service with an obligation to serve on active duty if such a commission is offered upon completion of the program.
(4) Such other grounds as the President may establish.
SEC. 105. IMPLEMENTATION BY THE PRESIDENT.
(a) In General- The President shall prescribe such regulations as are necessary to carry out this title.
(b) Matter To Be Covered by Regulations- Such regulations shall include specification of the following:
(1) The types of civilian service that may be performed in order for a person to satisfy the person's national service obligation under this title.
(2) Standards for satisfactory performance of civilian service and of penalties for failure to perform civilian service satisfactorily.
(3) The manner in which persons shall be selected for induction under this title, including the manner in which those selected will be notified of such selection.
(4) All other administrative matters in connection with the induction of persons under this title and the registration, examination, and classification of such persons.
(5) A means to determine questions or claims with respect to inclusion for, or exemption or deferment from induction under this title, including questions of conscientious objection.
(6) Standards for compensation and benefits for persons performing their national service obligation under this title through civilian service.
(7) Such other matters as the President determines necessary to carry out this title.
(c) Use of Prior Act- To the extent determined appropriate by the President, the President may use for purposes of this title the procedures provided in the Military Selective Service Act (50 U.S.C. App. 451 et seq.), including procedures for registration, selection, and induction.
SEC. 106. EXAMINATION AND CLASSIFICATION OF PERSONS.
(a) Examination- Every person subject to induction under this title shall, before induction, be physically and mentally examined and shall be classified as to fitness to perform national service.
(b) Different Classification Standards- The President may apply different classification standards for fitness for military service and fitness for civilian service.
SEC. 107. DEFERMENTS AND POSTPONEMENTS.
(a) High School Students- A person who is pursuing a standard course of study, on a full-time basis, in a secondary school or similar institution of learning shall be entitled to have induction under this title postponed until the person--
(1) obtains a high school diploma;
(2) ceases to pursue satisfactorily such course of study; or
(3) attains the age of 20.
(b) Hardship and Disability- Deferments from national service under this title may be made for--
(1) extreme hardship; or
(2) physical or mental disability.
(c) Training Capacity- The President may postpone or suspend the induction of persons for military service under this title as necessary to limit the number of persons receiving basic military training and education to the maximum number that can be adequately trained.
(d) Termination- No deferment or postponement of induction under this title shall continue after the cause of such deferment or postponement ceases.
SEC. 108. INDUCTION EXEMPTIONS.
(a) Qualifications- No person may be inducted for military service under this title unless the person is acceptable to the Secretary concerned for training and meets the same health and physical qualifications applicable under section 505 of title 10, United States Code, to persons seeking original enlistment in a regular component of the Armed Forces.
(b) Other Military Service- No person shall be liable for induction under this title who--
(1) is serving, or has served honorably for at least six months, in any component of the uniformed services on active duty; or
(2) is or becomes a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, the United States Merchant Marine Academy, a midshipman of a Navy accredited State maritime academy, a member of the Senior Reserve Officers' Training Corps, or the naval aviation college program, so long as that person satisfactorily continues in and completes at least two years training therein.
SEC. 109. CONSCIENTIOUS OBJECTION.
(a) Claims as Conscientious Objector- Nothing in this title shall be construed to require a person to be subject to combatant training and service in the uniformed services, if that person, by reason of sincerely held moral, ethical, or religious beliefs, is conscientiously opposed to participation in war in any form.
(b) Alternative Noncombatant or Civilian Service- A person who claims exemption from combatant training and service under subsection (a) and whose claim is sustained by the local board shall--
(1) be assigned to noncombatant service (as defined by the President), if the person is inducted into the uniformed services; or
(2) be ordered by the local board, if found to be conscientiously opposed to participation in such noncombatant service, to perform national civilian service for the period specified in section 104(a) and subject to such regulations as the President may prescribe.
SEC. 110. DISCHARGE FOLLOWING NATIONAL SERVICE.
(a) Discharge- Upon completion or termination of the obligation to perform national service under this title, a person shall be discharged from the uniformed services or from civilian service, as the case may be, and shall not be subject to any further service under this title.
(b) Coordination With Other Authorities- Nothing in this section shall limit or prohibit the call to active service in the uniformed services of any person who is a member of a regular or reserve component of the uniformed services.
TITLE II--AMENDMENTS TO MILITARY SELECTIVE SERVICE ACT
SEC. 201. REGISTRATION OF FEMALES.
(a) Registration Required- Section 3(a) of the Military Selective Service Act (50 U.S.C. 453(a)) is amended--
(1) by striking `male' both places it appears;
(2) by inserting `or herself' after `himself'; and
(3) by striking `he' and inserting `the person'.
(b) Conforming Amendment- Section 16(a) of the Military Selective Service Act (50 U.S.C. App. 466(a)) is amended by striking `men' and inserting `persons'.
SEC. 202. REGISTRATION AND INDUCTION AUTHORITY.
(a) Registration- Section 4 of the Military Selective Service Act (50 U.S.C. App. 454) is amended by inserting after subsection (g) the following new subsection:
`(h) This section does not apply with respect to the induction of persons into the Armed Forces pursuant to the Universal National Service Act.'.
(b) Induction- Section 17(c) of the Military Selective Service Act (50 U.S.C. App. 467(c)) is amended by striking `now or hereafter' and all that follows through the period at the end and inserting `inducted pursuant to the Universal National Service Act.'.
http://thomas.loc.gov/cgi-bin/query/z?c111%3AH.R.5741%3A
Wednesday, July 28, 2010
Saturday, July 10, 2010
Saturday, June 26, 2010
Mirror, Mirror on the Wall: How the Performance of the U.S. Health Care System Compares Internationally, 2010 Update
Author(s):
Karen Davis, Ph.D., Cathy Schoen, M.S., and Kristof Stremikis, M.P.P.
Contact:
Karen Davis, President, The Commonwealth Fund, kd@cmwf.org
Overview
Despite having the most costly health system in the world, the United States consistently underperforms on most dimensions of performance, relative to other countries. This report—an update to three earlier editions—includes data from seven countries and incorporates patients' and physicians' survey results on care experiences and ratings on dimensions of care. Compared with six other nations—Australia, Canada, Germany, the Netherlands, New Zealand, and the United Kingdom—the U.S. health care system ranks last or next-to-last on five dimensions of a high performance health system: quality, access, efficiency, equity, and healthy lives. Newly enacted health reform legislation in the U.S. will start to address these problems by extending coverage to those without and helping to close gaps in coverage—leading to improved disease management, care coordination, and better outcomes over time.
Executive Summary
The U.S. health system is the most expensive in the world, but comparative analyses consistently show the United States underperforms relative to other countries on most dimensions of performance. This report, which includes information from the most recent three Commonwealth Fund surveys of patients and primary care physicians about medical practices and views of their countries' health systems (2007–2009), confirms findings discussed in previous editions of Mirror, Mirror. It also includes information on health care outcomes that were featured in the most recent (2008) U.S. health system scorecard issued by the Commonwealth Fund Commission on a High Performance Health System.
Among the seven nations studied—Australia, Canada, Germany, the Netherlands, New Zealand, the United Kingdom, and the United States—the U.S. ranks last overall, as it did in the 2007, 2006, and 2004 editions of Mirror, Mirror. Most troubling, the U.S. fails to achieve better health outcomes than the other countries, and as shown in the earlier editions, the U.S. is last on dimensions of access, patient safety, coordination, efficiency, and equity. The Netherlands ranks first, followed closely by the U.K. and Australia. The 2010 edition includes data from the seven countries and incorporates patients' and physicians' survey results on care experiences and ratings on various dimensions of care.
The most notable way the U.S. differs from other countries is the absence of universal health insurance coverage. Health reform legislation recently signed into law by President Barack Obama should begin to improve the affordability of insurance and access to care when fully implemented in 2014. Other nations ensure the accessibility of care through universal health insurance systems and through better ties between patients and the physician practices that serve as their long-term "medical homes." Without reform, it is not surprising that the U.S. currently underperforms relative to other countries on measures of access to care and equity in health care between populations with above-average and below-average incomes.
But even when access and equity measures are not considered, the U.S. ranks behind most of the other countries on most measures. With the inclusion of primary care physician survey data in the analysis, it is apparent that the U.S. is lagging in adoption of national policies that promote primary care, quality improvement, and information technology. Health reform legislation addresses these deficiencies; for instance, the American Recovery and Reinvestment Act signed by President Obama in February 2009 included approximately $19 billion to expand the use of health information technology. The Patient Protection and Affordable Care Act of 2010 also will work toward realigning providers' financial incentives, encouraging more efficient organization and delivery of health care, and investing in preventive and population health.
For all countries, responses indicate room for improvement. Yet, the other six countries spend considerably less on health care per person and as a percent of gross domestic product than does the United States. These findings indicate that, from the perspectives of both physicians and patients, the U.S. health care system could do much better in achieving value for the nation's substantial investment in health.
Key Findings
Quality: The indicators of quality were grouped into four categories: effective care, safe care, coordinated care, and patient-centered care. Compared with the other six countries, the U.S. fares best on provision and receipt of preventive and patient-centered care. However, its low scores on chronic care management and safe, coordinated care pull its overall quality score down. Other countries are further along than the U.S. in using information technology and managing chronic conditions. Information systems in countries like Australia, New Zealand, and the U.K. enhance the ability of physicians to identify and monitor patients with chronic conditions.
Access: Not surprisingly—given the absence of universal coverage—people in the U.S. go without needed health care because of cost more often than people do in the other countries. Americans with health problems were the most likely to say they had access issues related to cost, but if insured, patients in the U.S. have rapid access to specialized health care services. In other countries, like the U.K. and Canada, patients have little to no financial burden, but experience wait times for such specialized services. There is a frequent misperception that such tradeoffs are inevitable; but patients in the Netherlands and Germany have quick access to specialty services and face little out-of-pocket costs. Canada, Australia, and the U.S. rank lowest on overall accessibility of appointments with primary care physicians.
Efficiency: On indicators of efficiency, the U.S. ranks last among the seven countries, with the U.K. and Australia ranking first and second, respectively. The U.S. has poor performance on measures of national health expenditures and administrative costs as well as on measures of the use of information technology, rehospitalization, and duplicative medical testing. Sicker survey respondents in Germany and the Netherlands are less likely to visit the emergency room for a condition that could have been treated by a regular doctor, had one been available.
Equity: The U.S. ranks a clear last on nearly all measures of equity. Americans with below-average incomes were much more likely than their counterparts in other countries to report not visiting a physician when sick, not getting a recommended test, treatment, or follow-up care, not filling a prescription, or not seeing a dentist when needed because of costs. On each of these indicators, nearly half of lower-income adults in the U.S. said they went without needed care because of costs in the past year.
Long, healthy, and productive lives: The U.S. ranks last overall with poor scores on all three indicators of long, healthy, and productive lives. The U.S. and U.K. had much higher death rates in 2003 from conditions amenable to medical care than some of the other countries, e.g., rates 25 percent to 50 percent higher than Canada and Australia. Overall, Australia ranks highest on healthy lives, scoring in the top three on all of the indicators.
Summary and Implications
The U.S. ranks last of seven nations overall. Findings in this report confirm many of those in the earlier three editions of Mirror, Mirror. As in the earlier editions, the U.S. ranks last on indicators of patient safety, efficiency, and equity. Australia and the U.K. continue to demonstrate superior performance. The Netherlands, which was included for the first time in this edition, ranked first overall. In the subcategories, the U.S. ranks first on preventive care, and is strong on waiting times for specialist care and nonemergency surgical care, but weak on access to needed services and ability to obtain prompt attention from primary care physicians.
Any attempt to assess the relative performance of countries has inherent limitations. These rankings summarize evidence on measures of high performance based on national mortality data and the perceptions and experiences of patients and physicians. They do not capture important dimensions of effectiveness or efficiency that might be obtained from medical records or administrative data. Patients' and physicians' assessments might be affected by their experiences and expectations, which could differ by country and culture.
Disparities in access to services signal the need to expand insurance to cover the uninsured and to ensure that all Americans have an accessible medical home. Under health care reform, young adults up to age 26 will be eligible for coverage under their parents' insurance plans beginning in September 2010, and low- to moderate-income families will be eligible for assistance in obtaining coverage in 2014.
With the enactment of the American Recovery and Reinvestment Act, the U.S. has accelerated its efforts to adopt health information technology and provide an integrated medical record and information system that is accessible to providers and patients. Those efforts must come to fruition soon for the nation to deliver more effective and efficient care.
Many U.S. hospitals and health systems are dedicated to improving the process of care to achieve better safety and quality, but the U.S. can also learn from innovations in other countries—including public reporting of quality data, payment systems that reward high-quality care, and a team approach to management of chronic conditions. Based on these patient and physician reports, and with the enactment of health reform, the U.S. could improve the delivery, coordination, and equity of the health care system.
Citation
K. Davis, C. Schoen, and K. Stremikis, How the Performance of the U.S. Health Care System Compares Internationally 2010 Update, The Commonwealth Fund, June 2010.
http://www.commonwealthfund.org/Content/Publications/Fund-Reports/2010/Jun/Mirror-Mirror-Update.aspx?view=print&page=all
Owe Money? Be Careful, or You Might End Up in Jail
Reports of mild-mannered Americans getting arrested for being in debt are starting to pop up in states across the country. All over the Net, we've been reading about these poor saps snatched off the street — right in front of their horrified children — by glowering cops and locked up just for missing a few credit card payments.
Right, but they're not. They can't. In this country, owing money is not a criminal offense. It is in Dubai, where nearly half of the prison population is behind bars for defaulting on bank loans. But in the United States, incarceration for debt was abolished in 1833, and now debt itself is a mere civil matter. Sure, collection agencies want you to think the FBI cares whether or not you pay that Nordstrom bill. But they risk losing their licenses for so much as implying this, thanks to the U.S. Fair Trade Commission's Fair Debt Collection Practices Act, in effect since 1966.
Read between the lines and you'll see that these debtors weren't arrested for being debtors but — in most cases — for missing court dates for negotiating their debts.
Incur debt and your creditor can call you, write you, hire a collection agency and finally sue you. At that point a subpoena, delivered via process server or registered mail, announces that you're now a defendant, your creditor a plaintiff. This subpoena lists a date and time at which you are ordered to appear before a judge in civil court "to disclose your assets and liabilities and determine how this defendant is going to pay this plaintiff," explains Will Lund, superintendent of Maine's Bureau of Consumer Credit Protection, which enforces the FDCA and licenses collection agencies.
"Attendance by the defendant is mandatory. To ensure that it's mandatory, a subpoena is involved. To not show up is not dissing the plaintiff. It's dissing the court," Lund says. "It's contempt of court, and that can lead to arrest."
Most debtors don't realize that ignoring the summons means crossing that line, exiting the stressful but safe realm of owing money and entering the stark realm of mugshots and body searches and jail-issued sandwiches eaten among robbers and arsonists. This transit happens when a judge signs a capias, a civil warrant for arrest on the basis of failure to appear in court.
"If you've got a capias against you for failure to appear, you could be arrested if you're stopped by the police," affirms Katherine Martell of Fairfax, Virginia-based K&M Law Group, which specializes in debt restructuring and debt recovery. "That's not the same as snatching people off the street for not paying debts."
The frequency of such arrests, and law-enforcement officers' eagerness to make them, vary from county to county and state to state, but given the severity of other crimes that cops have to deal with, this one is always low priority.
"It's not like a roundup where the police say, 'Hey, we're gonna go out and pick up all the debtors today," says attorney Marshall Meyers of Phoeniz, Arizona-based Weisberg & Meyers. "But if you get pulled over for a traffic ticket, say, and you've got a warrant for failure to appear in court, they can bring you in."
Such arrests shock arrestees and readers alike. Middle-aged patient-care advocate Joy Uhlmeyer's night in a Michigan holding cell was reported widely this week and spawned such headlines in the mainstream media as "A Return to Debtors' Prisons" and "In Jail for Being in Debt."
"The real story is that this is getting so much buzz while the coverage is so misleading," laments Maine's Lund, a lawyer himself. "These are unfortunate headlines because they blur the distinction in people's minds between civil and criminal matters." Lund admits that it's easy to jump to conclusions when the crucial missing link — that what started with a civil case led to a criminal act — is buried deep in stories and blog posts or omitted entirely.
Presenting an equivalent scenario, Lund imagines a speeding-ticket defendant "insulting the judge's ethnic background during a hearing. When that defendant gets arrested for contempt of court, would reporters write headlines saying that traffic violations land you in jail? You should not be afraid to go into court. No judge is going to make the consumer pay more than the consumer can afford to pay. Many debtors are on public assistance, and no judge wants to make impossible demands on them," Lund asserts. "It's quite common for judges to order installment payments of a certain amount every week, often a very small amount."
Filing for bankruptcy is another option.
That beats bunkbeds and barred windows. Nonetheless, ignoring a summons is seductively easy. It's made of paper, nearly weightless and so thin between the fingers that it wads quickly into a ball or folds into a little flat packet to be slipped behind a bookcase or stashed in a drawer. Oh, and it tears just like that. If no one's looking, it's as easy to discard as any junk mail.
This way, potentially, lies jail.
But by the time a subpoena arrives, the debtor has almost certainly already ignored the creditors' repeated previous attempts to make contact, much less to collect. Ducking these attempts becomes a lifestyle. Default itself becomes a default setting. We've all known at least one of these chronic avoiders: the wild-eyed, haunted creature whose creditors call several times a day, seven days a week, sometimes at 4am — but the phone is always off; those calls go directly to voicemail, where they stay.
That lifestyle — and those subpoenas — are growing ever more ubiquitous in a crashed economy, says Catherine Williams, vice president of financial literacy at the Chicago-based credit-counseling nonprofit Money Management International.
"Overuse of credit combines for a pretty toxic situation when other things start spinning out of control. Say three people at your workplace have been fired, so you're afraid of losing your job. Say an unexpected emergency comes up in which you need to use credit — but unfortunately you've already exhausted your resources.
"At the same time, you've been told ever since 9/11 that spending is patriotic, that you've got to travel and charge everything to support this economy, and that if you're not out there spending, you're not an American.
"There's a real lack of understanding of the credit system among the very consumers who use that system every day. These people aren't stupid or necessarily uneducated. They're creditworthy, which usually means that they have jobs," Williams says. "They just don't know about this subject."
Katherine Martell agrees.
"In this economy, the new debtor is a working person — usually one who earns way above the poverty level, sometimes as much as six figures. These are educated individuals. They aren't the sort of people you'd imagine as the stereotypical debtor. But the bills come and they say, 'I can't handle this,' so they ignore the calls and put aside whatever comes in the mail."
Fear is paralytic. And debt collectors are notoriously fearsome — which is why the FDCPA was created in the first place. One of Marshall Meyers' clients received a cell-phone message in which a debt collector warned her that if she didn't pay, he would cut off her ears and hang them around her neck. (In colonial America, bankruptcy laws allowed debtors to be nailed to pillories by their ears and to have those ears severed. Other punishments included branding and, of course, incarceration.)
"They say they're going to take away your disability payments. They'll say anything," Meyers sighs.
Martell agrees: "Those people are horrible. They're supposed to abide by the FDCPA, although these days I see more and more violations," as strapped creditors rely ever more on collection agencies, which lean ever harder on strapped debtors, who are struggling ever more futilely to make ends meet.
"People are getting these ridiculous harassing phone calls from collection agencies — calls that are full of lies and empty threats, and they don't know what their rights are. Fear does not improve the likelihood of debts actually getting collected, but it creates a lot of anxiety and potentially makes people avoid those calls and letters even more than they normally would."
Granted, outside the subpoena scenario, other debt-related situations can also lead to arrest. Nevada is unique in that failure to repay casino "markers" -- that is, zero-interest lines of credit offered to patrons -- is a felony that merits arrest and criminal prosecution. Even if you are not a Nevada resident and leave the state without having repaid your marker, you can be arrested elsewhere and extradited to Nevada to face prosecution. This law has led to numerous high-profile cases; for example, NFL player Ross Verba was arrested in Phoenix, Arizona last November after defaulting on debts owed to the Palms casino in Las Vegas. Former major-league pitcher Shawn Chacon was arrested in Greeley, Colorado last October after defaulting on debts incurred at Caesars Palace earlier that year.
Financial fraud, the deliberate use of funds not one's own, is a criminal offense, and you can be charged with financial fraud for bouncing checks or using someone's credit card — even a relative's, if they report you — without permission. A credit-card company can allege fraud when it has reason to believe that a cardholder has made charges which he or she never intended to repay. But because such acts are only crimes when committed with intent to defraud, charges in these cases are notoriously hard to prosecute, says Money Management International's Catherine Williams.
"It's very hard to prove that at the moment you wrote a bad check, you knew for certain that it was bad and that you didn't have the funds to cover it."
In China, conviction in such cases can carry a life sentence. Even what happened to Joy Uhlmeyer in Michigan is positively peachy compared to what befalls debtors in other countries to this day. A night in an American jail for keeping stuff you haven't paid for beats all the rest of your nights behind bars somewhere in remote Hunan Province, say, where prisoners are forced to weld toy cars in 10-hour shifts and aren't issued sweaters when it snows.
http://www.alternet.org/story/147258/?page=entire
Methane in Gulf "astonishingly high": U.S. scientist
By Julie Steenhuysen
CHICAGO (Reuters) - As much as 1 million times the normal level of methane gas has been found in some regions near the Gulf of Mexico oil spill, enough to potentially deplete oxygen and create a dead zone, U.S. scientists said on Tuesday.
Texas A&M University oceanography professor John Kessler, just back from a 10-day research expedition near the BP Plc oil spill in the gulf, says methane gas levels in some areas are "astonishingly high."
Kessler's crew took measurements of both surface and deep water within a 5-mile (8 kilometer) radius of BP's broken wellhead.
"There is an incredible amount of methane in there," Kessler told reporters in a telephone briefing.
In some areas, the crew of 12 scientists found concentrations that were 100,000 times higher than normal.
"We saw them approach a million times above background concentrations" in some areas, Kessler said.
The scientists were looking for signs that the methane gas had depleted levels of oxygen dissolved in the water needed to sustain marine life.
"At some locations, we saw depletions of up to 30 percent of oxygen based on its natural concentration in the waters. At other places, we saw no depletion of oxygen in the waters. We need to determine why that is," he told the briefing.
Methane occurs naturally in sea water, but high concentrations can encourage the growth of microbes that gobble up oxygen needed by marine life.
Kessler said oxygen depletions have not reached a critical level yet, but the oil is still spilling into the Gulf, now at a rate of as much as 60,000 barrels a day, according to U.S. government estimates.
"What is it going to look like two months down the road, six months down the road, two years down the road?" he asked.
Methane, a natural gas, dissolves in seawater and some scientists think measuring methane could give a more accurate picture of the extent of the oil spill.
Kessler said his team has taken those measurements, and is hoping to have an estimate soon.
"Give us about a week and we should have some preliminary numbers on that," he said.
http://www.reuters.com/article/idUSTRE65L6IA20100622?loomia_ow=t0:s0:a49:g43:r5:c0.058503:b35191280:z0
