Keep spreading the good word hermano!

Let me address the points in the Police response to the allegations.

The 115^th Commander, the same person who commands the same Captains, who come out to tell demonstrators to silence their demonstrations or else they will be arrested (as it happened yesterday) stated: 

“…they had not been made aware any police relations forum and they had no complaints of police misconduct” (Reported by Cruz, Queen’s Courier). 

Except that members of the LGBTQ Equality Coalition of Queens had been calling the liaison on a nightly basis.  One member stated: “I always get his answering machine, and he hardly returns my messages.” 

I facilitated one of the forum flyers to Community Affairs and extended a cordial invitation to the officer.  This also constitutes not informing the NYPD.  

Also, once the 115^th LGBT liaison returned the Coalition’s phone calls he stated that he would attend the forum.  He also stated that he would follow a protocol of listening to the community without defensiveness. 

Truth: The NYPD 115^th precinct is well informed of community concern and forums, and is hardly invested in listening to members of the community.  As it happened yesterday, no attempts to engage in a dialogue took place between the high commanding officer and community members.  The NYPD officers have no liaisons, community affair officers or commanders who are interested in doing real community policing.  Because a police force working under a real community policing paradigm engages in ongoing dialogue with members of the community.   

Finally, one testimony not covered by the Courier was that of a Latina transwoman, Ms. P., who recently had to accept a plea bargain in “Vice Court” for alleged prostitution.  According to Ms. P., she was detained by the Police Officer with very little explanation and then summoned to Vice Court.  The Legal Aide defense assigned to Ms. P hardly had time to represent her case that day.  When community activist tried to advocate for Ms. P., the Legal Aide counsel stated that it was easier for her to accept a plea bargain, even when our Latina sister was innocent.  No right to trial and no resources were offered. 

It is sad that the LGBT liaison saw fit to advocate for the cause of a suspected john, who had been arrested for allegedly promoting a prostitute, but not enough for the Latinas who suffers the humiliation and criminalization of the “Vice Court”.  This is just another evidence of how easy it is for Police Officers in the 115^th to profile Latina’s and performs brutal and humiliating arrests without Probable Cause.

Topics and highlights pertaining to the field of Criminal Justice in today’s demonstration.  Details of our community demonstration and our slogans can be found in the Event Page.

Let us start by analyzing a few of the sections within the first two pages of the bill. 

Article 8, Section B: Reasonable suspicion is a lower standard of suspicion than probable cause.  By itself, Article 8 violates the U.S. Constitutions 4^th Amendment, because it sets this lower standard of suspicion for search and seizure.  This is why evidence during Stop and Frisks acts that can not demonstrate enough suspicion for the Stop can be suppressed.  Reasonable suspicion by itself is vague and dependent on an officer’s value based decision. 

Article 8, Section B: “Reasonable attempt, when practicable”.  The vagueness of this language gives license to a Police Officer to ask for immigration papers at any point where it does not interfere with his duty.  That can be, whenever: When stopping a person, during the ride to the precinct, after the arrest, before the Miranda rights, so on and so forth.      

This section of the bill is not only vague, it is bizarre.  Any person could remain silent and exercise their Fifth Amendment right when questioned about immigration status.  The practicality of this “when practical” clause is therefore impractical. 

Article 8, Section E: “Probable Cause that a public offense has been committed that makes a person removable from the United States” This part of the law, not only blatantly crosses jurisdiction, it also describes racial profiling.  It’s not so much vague in vocabulary – because it eloquently describes racial profiling.  However, it directs law enforcement to use a vague, superficial characteristic to “arrest without a warrant” anyone believed, by whatever vague trait (that could only be physical), which creates the Probable Cause, to have committed a crime. 

But somehow with some sort of vague procedure not enumerated in the provisions, while exercising racial profiling, Arizona is guaranteeing that citizen’s civil rights will be protected in Section J.

These theories have certain truths in regards to resources and certain people’s experiences.  However the theories also have certain disparities.  General strain theory, for example had to be revised in 2004 to better ascertain the research methods in which data was obtained. (Stephen W Baron. Criminology. Beverly Hills: May 2004. Vol. 42, Iss. 2; p. 457)

When you look at the theory, the strains might not necessarily come from people’s frustrations with acquiring The American Dream, but rather a mixture in strains such as homelessness, abuse and neglect, subcultures, deviant values and frustrations about poverty.  Meaning, there might be more than one factor in play when a person is “influenced” to commit a crime by interacting within an imposed economic class.  A person might encounter one of these factors by themselves and not decide to succumb to peer pressure or let his/her abuse trauma lead them to a life of crime.  A person might face poverty but have enough resilience through family values to make a choice of lawful actions.

Some aspects of these theories seem a bit outdated because there have been many community initiatives that promote culture pride and community involvement in the “disadvantage” neighborhoods which are not being accounted for in the theories.

But even more disturbing is how Institutional Anomie is focusing on the individual’s choice to leave their neighborhoods without considering the disruptions as if there were any choice in the matter.

Quote: “People think nothing of leaving…” 

Anyone who has the experience of immigration would disagree with this kind of portrayal.  Family and community distance has a distinct expression in the Latino community.  “We think everything and still have no choice but to leave”, would be a more appropriate choice of words in this particular scenario.

The theories are addressing factors and events in our neighborhoods that need constant attention, such as the choice to form gangs, drug trafficking (to a certain extent) and counter-cultures.  However, there are as many forces that counter these crime inspiring situations as there are ones who may potentially foster it.  The conditions of lower class neighborhoods are more diverse and in the gray area than some of the theories vocabulary have taken into account

Last summer was a period where I soul searched and looked at how my life narrative fit in my decision to pursue criminal justice work.  For a while my motivation was based on my wish to protect my family and my community.  I thought, due to my past in the military, that the direct course of action would be to join law enforcement.  However, further in my Criminal Justice Studies confirmed for me that this was a misconception.  The institution of law enforcement has too much precedence on laws that were constructed without considering my people.  With the support of my family and friends, I analyzed further what area was a real passion for me.  Who did I want to protect the most, and how.  Like an answer, several experiences arrived.  

One was a wonderful internship in Sanctuary for Families.  In this experience I began offering all my efforts and assistance to other Latinas who wanted to move their lives away from violence.  In this experience, I became aware how the Latino value of familia, was missing from essential advocacy work in the field.  I began an intensive study during and after the internship on how gaps in the Justice system were affecting cases involving Latinas.  It is ongoing work from the inside out.  

Once this type of work began, other experiences began to surface.  I began to see the system gaps for all of the Latino narrative.  I could not imagine why women who were trying to live a life of respect and dignity were pushed against borders.  The answer came with all the numbers I digested through the semesters.  But this was not the only answers that came to me.  Each person I advocated for had another piece of the narrative, a new testimony to add.  It is without a doubt that I take in these testimonies and make them part of my affirmation to continue with my advocacy work. 

To this I can also add some latest news in Latino Justice: SB1070, the pain of Ashley Santiago’s surviving family, and the thousands who will march May 1^st for Comprehensive Immigration Reform.  All telling me that advocates who know our story are needed by many of us.  

So what is in version Dos Punto Zero? I have updated all the original writing and about pages I had published originally.  And the new name!  Que chevere! 

Thanks for stopping by again and expect more entries very soon.

The Bronx News Network Roundup giving excellent coverage of local news for the area of the Bronx, including the new Stop and Frisk policy announced by the NYPD to City Council.

The Department of State gives us Secretary Clinton’s speech on diplomacy developments.  The more I read on these developments, the more I am further affirmed of what I always knew when hearing that President Obama had appointed Hillary Clinton as Secretary of State; she was the best candidate for the job.  After serving my military years during the Clinton administration, I was ready to see these comebacks in our foreign policies.

On art and culture news, Lamento Borincano points us to two films featured directed by Latin Americans with one featured in the Tribeca Film Festival, Entre Nos and Sleep Dealers.  They are amazing works with Latino culture at its depth.

But the icing on top of my cake this week was this announcement made in the Huffington Post and everywhere else on the news.  Sonia Sotomayor being considered to replace Justice Souter.  I confess I’ll be on the edge on this till the real appointment is made.  But even at this point, the consideration of Justice Sotomayor to Supreme Court Justice is an amazing accomplishment for an already accomplished Puerto Rican woman.  And in a time when Puerto Ricans and Latinos have expressed low confidence in the system as it was stated in the PEW Hispanic Survey, it would be a decision to break stigmas too far ingrained.  Furthermore, young Puerto Rican women in Puerto Rico and the United States are graced by an awesome role model.  My heart will be beating a bit too fast for my own health.

While I am sure Mr Garabitos had a admirable record at the school and that he perhaps did not mean to cause such a serious ruckus with his personal problems, the reality of the situation is that he said all the right words to trigger an emergency evacuation plan. And lets be real; We live in the Post 9/11, Columbine High, Oklahoma City Bombing, Virginia Tech shooting, Binghamton shooting, Postal Workers going “Postal”, Bush-Cheney fear mongering -world. Unibomber, shoebomber and suicide bombings have been ongoing occurrences and they automatically create a feed in the media.

Remember when this system use to hit blue?

Yeah, neither do I.  Point being made is that no bombing threat response is really “blow out of proportion” these days.  And from all the information in the reports, the school staff acted accordingly to what they viewed was in the best interest of the children with their safety in mind.  No one has made a statement about Mr. Garabitos that would judge him as a “serious terrorist”, someone “against us” or anything of that nature.  The Police Chief and Police Commissioner have been careful of labeling Mr. Garabitos and his crime on statements.  Many parent and students expressed shock after the news and many teachers have empathize with the difficult situation he found himself in.  I’m sure Ms Escalera just meant to express her own sentiments of compassion, which are pretty admirable sentiments by all under the circumstances, but when commenting on the sudden jumpiness in bomb threat responses, just remember that we are still a lack of gun control, ever in militant readiness country.  Especially in the city of New York where we take our shoes off in the airport, we can’t carry regular 16 oz bottles of shampoo in our carry-on lugagge and we hear that if  ”we see something, we have to say something” every half hour on the train.

Another Holiday Annecdote

Thanks to Jenny Carrero for the feature!