Legal Issues

Report: Hate Violence Against Lesbian, Gay, Bisexual, Transgender, Queer, and HIV-Affected Communities in the United States in 2010

Teaser:

The National Coalition of Anti-Violence Programs (NCAVP) collected data concerning hate violence against lesbian, gay, bisexual, transgender, queer (LGBTQ) and HIV-affected people, from 17 antiviolence programs in 15 states across the country including: Alabama, Arizona, California, Colorado, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, New York, Ohio, Texas, Vermont and Wisconsin.

Editorial:

From the media release:

-27 murders of LGBTQ and HIV-affected people documented; the second highest yearly total ever recorded;

-Among those reporting, transgender people and people of color faced the most severe hate violence;

-Reports of violent crime increased 13% for LGBTQ and HIV-affected people

NATIONAL—The National Coalition of Anti-Violence Programs (NCAVP), in a national audio press conference today, released its report Hate Violence Against Lesbian, Gay, Bisexual, Transgender, Queer and HIV-Affected Communities in the United States in 2010. NCAVP collected data concerning hate violence against lesbian, gay, bisexual, transgender, queer (LGBTQ) and HIV-affected people, from 17 antiviolence programs in 15 states across the country including: Alabama, Arizona, California, Colorado, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, New York, Ohio, Texas, Vermont and Wisconsin.

-In 2010, NCAVP documented 27 anti-LGBTQ murders, the second highest yearly total ever recorded by the coalition. This is a 23% increase from the 22 people murdered in 2009.

-70% of the 27 reported hate murder victims in 2010 were LGBTQ and HIV-affected people of color, which represented 44% of total survivors and victims. This reflects a disproportionate targeting of people of color for severe and deadly violence. As well, people of color were less likely to receive medical attention when they needed it and less likely to receive appropriate responses from the police.

-Transgender women made up 44% of the 27 reported hate murders in 2010, while representing only 11% of total survivors and victims. As well, transgender people were more likely to have injuries as a result of attacks and less likely to receive medical care.

-NCAVP documented a 13% increase in hate violence incidents from 2009 to 2010, as well as a much greater increase in the severity of violence.

The report’s specific recommendations include calling for the following changes:

-Fund critically needed research and data collection on hate violence against LGBTQ and HIVaffected communities, their access to services, and violence prevention initiatives.

-Gather data about sexual orientation and gender identitiy in all federal, state and local government forms. Create new public and private funding streams and target the use of existing funds to increase access to anti-violence services for LGBTQ and HIV-affected individuals, particularly for those disproportionately affected by hate violence—i.e. transgender people and people of color.

-Create programs and campaigns to reduce anti-LGBTQ hate violence. Prioritize the leadership of those most impacted by severe hate violence within these programs.

-Stop the culture of hate through policymakers and public figures denouncing anti-LGBTQ violence.

Source:

National Coalition of Anti-Violence Programs

URL:

http://www.avp.org/documents/NCAVPHateViolenceReport2011Finaledjlfinaledits.pdf

Date:

August 8, 2011

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Report: Military Justice: Oversight and Better Collaboration Needed for Sexual Assault Investigations and Adjudications

Teaser:

GAO was asked to address the extent to which (1) the Department of Defense (DOD) conducts oversight of the military services' investigative organizations and (2) the services provide resources for investigations and adjudications of alleged sexual assault incidents. Under the National Defense Authorization Act for Fiscal Year 2005, the DOD Inspector General's Office is required to develop policy and oversee sexual assault investigations and related training for the DOD criminal investigative organizations. However, the Inspector General's Office has not performed these responsibilities, primarily because it believes it has other, higher priorities. For example, GAO found no evidence of Inspector General oversight at the service level for any of the 2,594 sexual assault investigations that DOD reported the services completed in fiscal year 2010. Without a policy and plan for conducting oversight, the Inspector General's Office will remain limited in its ability to help ensure consistency and accountability, and that training is being conducted in the most effective manner.

Editorial:

Summary

The crime of sexual assault has serious consequences for both the aggrieved and the accused. The severity of these consequences underscores the importance of impartially administering justice in order to promote accountability and confidence that such allegations are taken seriously. GAO was asked to address the extent to which (1) the Department of Defense (DOD) conducts oversight of the military services' investigative organizations and (2) the services provide resources for investigations and adjudications of alleged sexual assault incidents. GAO also identified an issue relating to the military's criminal code during this review. GAO analyzed relevant DOD and service policies and procedures; reviewed applicable laws, including provisions of the Uniform Code of Military Justice; and interviewed senior DOD and service officials, including a total of 48 judge advocates and DOD civilian lawyers, at the headquarters level and at five selected military installations.

Pursuant to the National Defense Authorization Act for Fiscal Year 2005, the Office of the Secretary of Defense (OSD) developed a policy on sexual assault prevention and response. In June 2006, OSD published DOD Instruction 6495.02, which specifies that the DOD Inspector General's Office shall develop policy and oversee sexual assault investigations and related training for the DOD criminal investigative organizations. However, the Inspector General's Office has not performed these responsibilities, primarily because it believes it has other, higher priorities. For example, GAO found no evidence of Inspector General oversight at the service level for any of the 2,594 sexual assault investigations that DOD reported the services completed in fiscal year 2010. Without a policy and plan for conducting oversight, the Inspector General's Office will remain limited in its ability to help ensure consistency and accountability, and that training is being conducted in the most effective manner. Consistent with the Secretary of Defense's priorities for sexual assault prevention and response, each service provides various resources to support investigations and adjudications of alleged sexual assault incidents. Specifically, each service has provided personnel who advise and assist on investigations and adjudications of sexual assault incidents. Each service's investigative and legal organizations also received funding, above their operating budgets, for efforts to enhance investigations and adjudications of sexual assault. For example, in fiscal year 2009, Army investigators received $4.4 million to redesign training on sexual assault investigations. However, the services' investigative and legal organizations are not fully capitalizing on opportunities to leverage each other's expertise and limited resources. For example, the Secretary of Defense, as part of the Base Realignment and Closure process, recommended that the services' investigative organizations co-locate to achieve operational synergies. However, the services currently have no plan for using opportunities such as the co-location--a move that has cost over $426 million and reportedly saved about $53 million for infrastructure support from fiscal years 2006 through 2011--to better leverage expertise and limited resources. Judge advocates also collaborate on some initiatives, but do not have a plan for leveraging resources either. Without a plan, the services cannot help ensure that resources are sustained and efficiencies are maximized. GAO met with judge advocates who consistently expressed concerns, similar to those noted in a 2009 Defense Task Force report, that a 2007 amendment to Article 120 of the Uniform Code of Military Justice complicates sexual assault prosecutions and may be causing unwarranted acquittals. Specifically, judge advocates stated that there is a lack of clarity with regard to the meaning of certain terms in the amended article, which makes it more difficult to prosecute these cases. Further, recent opinions issued by the Court of Appeals for the Armed Forces addressed constitutional issues that may arise related to the burden of proof in certain situations. For fiscal year 2012, DOD proposed revisions to Congress intended to remedy some of these issues. GAO is recommending that DOD develop policy and provide oversight for sexual assault investigations and related training, and for the services to develop a plan to better leverage expertise and limited resources. DOD and the Inspector General concurred with the recommendations, although the Inspector General disagreed with the characterization of its performance. GAO believes its findings are accurate, as addressed more fully in the report.

Source:

U. S. Government Accountability Office

URL:

http://www.gao.gov/products/GAO-11-579

Date:

July 8, 2011

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The impact of light skin on prison time for black female offenders

Teaser:

Editorial:

Abstract:

There is a long history of social science research on the importance of race for determining life outcomes. However, there are relatively few social science studies on the importance of skin tone within racial groups. Some recent research has documented the quantifiable advantages associated with having a lighter skin shade, particularly in terms of occupational attainment and earnings among blacks. A handful of studies focusing on black men have also suggested that when authorities perceive offenders as having a lighter skin shade it translates into more lenient criminal justice outcomes. The present analysis extends this line of inquiry by examining how perceived skin tone (assessed by correctional officers) is related to maximum prison sentence and actual time served for over 12,000 black women imprisoned in North Carolina between 1995 and 2009. Controlling for several factors, the results indicated that black women deemed to have a lighter skin tone received more lenient prison sentences and served less time behind bars.

From the Sentencing Project:

A recent study, “The Impact of Light Skin on Prison Time for Black Female Offenders,” by Jill Viglione, Lance Hannon, and Robert DeFina of Villanova University assesses how perceived skin tone is related to the maximum prison sentence and time served for a sample of over 12,158 black women imprisoned in North Carolina between 1995 and 2009. The authors controlled for factors such as prior record, conviction date, prison misconduct, and being thin, as well as whether the woman was convicted of homicide or robbery since these crimes usually carry lengthy prison sentences. With regard to prison sentences, their results indicated that women deemed to have light skin are sentenced to approximately 12% less time behind bars than their darker skinned counterparts. The results also show that having light skin reduces the actual time served by approximately 11%.

The authors conclude by urging people to understand that it is not sufficient to understand racial discrimination in terms of relative advantages of whites compared to non-whites. Among blacks, characteristics associated with whiteness appear to also have a significant impact on important life outcomes.

Source:

The Social Science Journal

URL:

http://dx.doi.org/10.1016/j.soscij.2010.08.003

Date:

July 7, 2011

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Report: Migrants in an irregular situation employed in domestic work: Fundamental rights challenges for the European Union and its Member States

Teaser:

This report by the the European Union Agency for Fundamental Rights (FRA) examines the fundamental rights of irregular migrants who are employed as domestic workers in the EU, most of whom are women. The report shows that their irregular immigration status, coupled with challenges in regulating domestic work more generally, makes this group very vulnerable to exploitation, including cases of physical abuse. Typical forms of exploitation include low pay, often having to work excessive working hours, and usually not being able to obtain compensation for work-related accidents.

Editorial:

From the press release:

The European Union Agency for Fundamental Rights (FRA) presents its report on the fundamental rights of irregular migrants who are employed as domestic workers in the EU. Most irregular migrants in domestic work are women. The report shows that their irregular immigration status, coupled with challenges in regulating domestic work more generally, makes this group very vulnerable to exploitation, including cases of physical abuse. Typical forms of exploitation include low pay, often having to work excessive working hours, and usually not being able to obtain compensation for work-related accidents.

The report is based on in-depth interviews with domestic workers, civil society organisations and trade unions from across ten EU Member States and covers their enjoyment of fundamental rights in five areas: working conditions, dismissal, freedom of association, redress mechanisms and family life.

Main findings:

Domestic work undertaken by employees is typically less regulated by legal standards and enforcement mechanisms (such as labour inspectorates) than other forms of employment.
Domestic work is typically carried out by women - and often migrant women in an irregular situation - who are vulnerable to multiple discrimination because of gender-based forms of violence, including sexual assault, as well as racial discrimination.
They typically work for long hours and low pay. Rest periods, paid holidays, and paid sick leave are often not provided, even if available under legislation.
A number of physical and mental occupational illnesses were reported, which are exacerbated by the situation of irregular migrants. The threat or fear of dismissal, lack of affordable health care, and lack of paid sick leave was found to deter individuals from seeking medical assistance or taking time to recover - even where injury resulted from work accidents. This sometimes leads to chronic injuries or permanent disability.
Individuals seeking access to justice for exploitation or abuse face several barriers. Principally they are deterred by the fear of public bodies alerting the immigration authorities, who may then deport them. Because their employment is often not formalised through a written contract, they also face difficulties in producing evidence of an employment relationship. Similarly, because they work in a domestic context, it can be challenging to prove alleged abuse, for example through a witness.

The report suggests several ways forward, including:

The introduction for all domestic workers of clear standards that: impose limits on payments in kind; ensure that where a minimum wage exists in national law, it also covers domestic workers; guarantee rest and sick leave; and create safe and healthy working conditions, as provided for by the ILO Convention adopted in June 2011.
Extending supervision by labour inspection authorities to the domestic work sector.
The introduction of targeted migration programmes where demand for domestic work is found to exist, which is not met by the available workforce. This would ensure that these workers have a regular migration status and so can enjoy better protection.
Facilitate access to justice by ensuring greater support for trade unions and non-governmental organisations which play a key role in providing legal assistance for victims of abuse or exploitation.

Source:

European Union Agency for Fundamental Rights (FRA)

URL:

http://www.fra.europa.eu/fraWebsite/research/publications/publications_per_year/pub_domestic-workers_en.htm

Date:

July 6, 2011

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Report: Progress of the World’s Women: In Pursuit of Justice

Teaser:

Millions of women worldwide continue to experience injustice, violence and inequality in their homes, the workplace and public life, according to a United Nations report, Progress of the World’s Women: In Pursuit of Justice, that calls on governments to take urgent action to ensure real equality between the sexes.

Editorial:

From the UN News Centre:

Millions of women worldwide continue to experience injustice, violence and inequality in their homes, the workplace and public life, according to a new United Nations report that calls on governments to take urgent action to ensure real equality between the sexes.

“Progress of the World’s Women: In Pursuit of Justice” is the first major report by UN Women, the agency launched earlier this year to spearhead the world body’s efforts towards gender equality and women’s empowerment.

The flagship report states that the past century has seen a “transformation” in women’s legal rights, with countries in every region expanding the scope of women’s legal entitlements. “Nevertheless for most of the world’s women, the laws that exist on paper do not translate to equality and justice,” it adds.

It also points out that while 139 countries and territories now guarantee gender equality in their constitutions, women continue to experience injustice, violence and inequality in their home and working lives.

UN Women calls on governments to take a number of steps to end the injustices that keep women poorer and less powerful than men in every country in the world.

These include repealing laws that discriminate against women; employing more female police, judges, legislators and activists on the “frontline of justice delivery;” and investing in “one-stop shops” where women can access justice, legal and health services in one place.

Among the findings of the report is that while domestic violence is now outlawed in 125 countries, 603 million women worldwide live in countries where it is not considered a crime. Also, women are still paid up to 30 per cent less than men in some countries, and some 600 million women are employed in vulnerable jobs that lack the protection of labour laws.

The report also finds inadequate enforcement of existing laws across the board. Many women, says UN Women, shrink away from reporting crimes due to social stigma and weak justice systems.

The prohibitive costs and practical difficulties of seeking justice, from travel to a distant court to paying for expensive legal advice, leads to high drop-out rates in cases where women seek redress, especially on gender-based violence, the agency notes.

“By changing laws and giving women practical support to see justice done, we can change society and ensure women and men enjoy real equality in the future,” concludes the report

Source:

UN Women

URL:

http://progress.unwomen.org/

Date:

July 6, 2011

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Supreme Court Opinion: Wal-Mart Stores, Inc. v. Dukes

Teaser:

In a massive job discrimination lawsuit against mega-retailer Wal-Mart Stores Inc., the Supreme Court ruled in the retailer's favor, saying the plaintiffs had not shown justification for sweeping class-action status that could have potentially involved hundreds of thousands of current and former female workers.

Editorial:

From CNN:

The Supreme Court put the brakes on a massive job discrimination lawsuit against mega-retailer Wal-Mart Stores Inc., saying the plaintiffs had not shown justification for sweeping class-action status that could have potentially involved hundreds of thousands of current and former female workers.

The 5-4 ruling Monday -- which addressed the claims in the lawsuit only in terms of whether they supported such a huge a class action -- was a big victory for the nation's largest private employer, and the business community at large.

The high-profile case-- perhaps the most closely watched of the high court's term -- is among the most important dealing with corporate versus worker rights that the justices have ever heard, and could eventually affect nearly every private employer, large and small.

"On the facts of the case," wrote Justice Antonin Scalia for the majority, the plaintiffs had to show "significant proof that Wal-Mart operated under a general policy of discrimination. That is entirely absent here."

He added, "In a company of Wal-Mart's size and geographical scope, it is quite unbelievable that all managers would exercise their discretion in a common way without some common direction."

While this particular class action has effectively ended, the individual plaintiffs could band together and file a series of smaller lawsuits aimed at individual stores or supervisors.

Four more liberal justices agreed this particular class should not proceed to trial, but criticized the majority for not allowing the female workers to move ahead with their claims under a different legal approach.

The company said it was pleased with the court's decision.

At issue was whether as many as 1.6 million current and former female Wal-Mart employees could make a unified claim of systemic discrimination, which they say has occurred over the past decade, at least. The plaintiffs alleged women were paid less than, and were given fewer opportunities for promotion than, their male counterparts. They sought back pay and punitive damages against the world's largest retailer.

A divided 6-5 ruling by the San Francisco-based 9th U.S. Circuit Court of Appeals last year had allowed the combined, multiparty litigation to move ahead to one trial, where a verdict against the company could result in tens of billions of dollars in damages.

The Supreme Court ruled only on whether the original lawsuit should be handled as a class action, instead of lower courts potentially being flooded with thousands of individual discrimination claims against the company. If the justices had ruled against Wal-Mart, permitting class-action status, it could have put severe pressure on the company to settle the claims out of court.

The lawsuit alleged the company's "strong, centralized structure fosters or facilitates gender stereotyping and discrimination." The workers who brought the suit also said women make up more than 70 percent of Wal-Mart's hourly workforce but in the past decade made up less than one-third of its store management.

Source:

U. S. Supreme Court

URL:

http://www.supremecourt.gov/opinions/10pdf/10-277.pdf

Date:

June 20, 2011

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UN Human Rights Council ... requests study on discrimination and sexual orientation

Teaser:

In a vote of 23 to 19, the UN Human Rights Council adopted a resolution to request the High Commissioner to commission a study to be finalised by December 2011 to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world, and how international human rights law could be used to end violence and related human rights violations based on sexual orientation and gender identity. It also decided to convene a panel discussion during the nineteenth session of the Human Rights Council, informed by the facts contained in the study commissioned by the High Commissioner.

Editorial:

From the news release:

Regarding human rights, sexual orientation and gender identity, the Council requested the High Commissioner to commission a study to be finalised by December 2011 to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world, and how international human rights law could be used to end violence and related human rights violations based on sexual orientation and gender identity. It also decided to convene a panel discussion during the nineteenth session of the Human Rights Council, informed by the facts contained in the study commissioned by the High Commissioner.

Action on Resolution on Human Rights, Sexual Orientation and Gender Identity

In a resolution (A/HRC/17/L.9/Rev.1) regarding human rights, sexual orientation and gender identity, adopted by a vote of 23 in favour, 19 against, and 3 abstentions, the Council requests the High Commissioner to commission a study to be finalised by December 2011 to document discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity, in all regions of the world, and how international human rights law can be used to end violence and related human rights violations based on sexual orientation and gender identity; decides to convene a panel discussion during the nineteenth session of the Human Rights Council, informed by the facts contained in the study commissioned by the High Commissioner and to have constructive, informed and transparent dialogue on the issue of discriminatory laws and practices and acts of violence against individuals based on their sexual orientation and gender identity; and decides also that the panel will also discuss the appropriate follow-up to the recommendations of the study commissioned by the High Commissioner.

The result of the vote was as follows:

In favour (23): Argentina; Belgium; Brazil; Chile; Cuba; Ecuador; France; Guatemala; Hungary; Japan; Mauritius; Mexico; Norway; Poland; Republic of Korea; Slovakia; Spain; Switzerland; Thailand; Ukraine; United Kingdom; United States and Uruguay.

Against (19): Angola; Bahrain; Bangladesh; Cameroon; Djibouti; Gabon; Ghana; Jordan; Malaysia; Maldives; Mauritania; Nigeria; Pakistan; Qatar; Republic of Moldova; Russian Federation; Saudi Arabia; Senegal and Uganda.

Abstentions (3): Burkina Faso; China and Zambia.

Source:

United Nations Office of the High Commissioner for Human Rights

URL:

http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=11167&LangID=E

Date:

June 17, 2011

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Legal Momentum Challenges Food Assistance Termination for Legal Immigrants

Submitted by sjones on Thu, 06/16/2011 - 3:32pm

Member Organization:

Legal Momentum

Immigrant women are more likely to confront poverty, violence and exploitation than any other demographic in America. While apparently gender-neutral, our national immigration policies often place women at a disadvantage, compromising their personal and economic security.

Legal Momentum, represented by Kaye Scholer LLP, has filed an amicus curiae brief in the state of Washington, in support of a plaintiff with legal immigrant status who was battered by her spouse and struggled to find independence due to the termination of government funded food assistance for immigrants. Battered women, like the plaintiff, are be forced to stay in or return to abusive relationships due to lack of financial support. Learn more about the Immigrant Women Program.

Report: Committed to Availability, Conflicted about Morality: What the Millennial Generation Tells Us about the Future of the Abortion Debate and the Culture Wars

Teaser:

The Millennials, Abortion and Religion Survey, conducted by Public Religion Research Institute and released at the Brookings Institution, is one of the largest public opinion surveys on abortion and religion ever conducted. The survey also finds that there are large generational differences on two issues that have often been linked in political discourse: abortion and same sex marriage.

Editorial:

Executive Summary

A solid majority of Americans say abortion should be legal in all (19%) or most (37%) cases, compared to 4-in-10 who say it should be illegal in all (14%) or most (26%) cases.

With the exception of white evangelical Protestants, majorities of all major religious groups say abortion should be legal in all or most cases.
A majority of Americans across the political spectrum say it is more socially acceptable today to be “pro-choice” rather than “pro-life.”

Nearly 6-in-10 (58%) Americans say that at least some health care professionals in their communities should provide legal abortions.

With the exception of white evangelical Protestants and Latino Catholics, majorities of all major religious groups agree that at least some health care professionals in their community should provide legal abortions.
Americans who live in large metropolitan areas are much more likely than those who live in rural communities to say legal abortion services should be available in their community (67% vs. 39% respectively).

The binary “pro-choice”/“pro-life” labels do not reflect the complexity of Americans’ views on abortion. Seven-in-ten Americans say the term “pro-choice” describes them somewhat or very well, and nearly two-thirds simultaneously say the term “pro-life” describes them somewhat or very well. This overlapping identity is present in virtually every demographic group.

The decoupling of attitudes on abortion and same-sex marriage suggests that these topics, which served in the past as the heart of the “values” agenda, are no longer necessarily linked in the minds of Americans.

Roughly the same percentage of Americans said abortion should be legal in all or most cases in 1999 (57%) as say this today (56%).
In contrast, the percentage of Americans who said marriages between same-sex couples should be recognized by the law as valid has grown 18 points over this same period, from 35% in 1999 to 53% in 2011.

Millennials are less supportive of legal abortion than their demographic profile would suggest.

Millennials generally have traits associated with higher levels of support for the legality of abortion: they are more educated, more liberal, and more likely to be religiously unaffiliated.
Millennials exemplify the decoupling of attitudes on legal abortion and same-sex marriage. They are much more likely than the general public to favor same-sex marriage, but they are not significantly more likely than the general public to support the legality of abortion (60% vs. 56% in the general public).
Millennials have largely positive top of mind associations with same-sex marriage but have largely negative top of mind associations with abortion.
Millennials are conflicted about the morality of abortion, but most say same gender sexual relationships are morally acceptable. Nearly 6-in-10 (57%) Millennials say sex between two adults of the same gender is morally acceptable, compared to only 46% who say having an abortion is morally acceptable.
Unlike all other age groups, Millennials register different levels of support for the availability and legality of abortion. On the one hand, Millennials are strongly committed to the availability of abortion and are significantly more likely than the general public to say that at least some health care professionals in their community should provide legal abortions (68% vs. 58% respectively). But they are no more likely than the general public to say that abortion should be legal in all or most cases. These findings suggest general measures of legality may not fully capture support for legal abortion among Millennials.

On the issue of abortion, Americans hold complex and sometimes contradictory views, and grasping this complexity is critical for understanding the dynamics of the debate.

Approximately 3-in-10 Americans hold decidedly mixed views about the circumstances in which having an abortion should be possible. When measured on a composite scale of support for abortion in five specific circumstances, 43% say abortion should be possible in most or all of these circumstances, 29% say abortion should not be possible in most or all of these circumstances, and 28% hold decidedly mixed views.
Majorities of Americans simultaneously say abortion is morally wrong (52%) and that it should be legal in all or most cases (56%).

The study identified and tested a number of hypotheses about independent influences on attitudes about the legality of abortion. The following factors are independent predictors of support for the legality of abortion, even when controlling for other demographic characteristics:

Having a situationalist rather than a principle-based approach to morality has a positive impact on support for the legality of abortion.
Knowing someone who has had an abortion has a positive impact on support for the legality of abortion.
Having seen MTV’s reality shows about unmarried pregnant teenagers has a positive impact on support for the legality of abortion.
Recently seeing an ultrasound image of a fetus has a negative impact on support for the legality of abortion.

Among Americans who attend church at least once or twice a month, majorities report hearing their clergy talk about the issue of abortion (54%) or homosexuality (51%) in church. Catholics are significantly more likely than Protestants to hear about abortion in church.

More than 7-in-10 (72%) religious Americans believe it is possible to disagree with the teachings of their religion on the issue of abortion and still be considered a person of good standing in their faith. A majority of all major religious groups, including Catholics and white evangelical Protestants agree with this statement.

Source:

Public Religion Research Institute

URL:

http://www.publicreligion.org/research/?id=615

Date:

June 10, 2011

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Associated Issues & Expertise:

Report: Reforming Women’s Justice

Teaser:

According to a report by the Women's Justice Taskforce in the UK, effective community sentences that command the confidence of the courts, rather than incarceration, should cut women’s offending, reduce the women’s prison population and save the public purse.

Editorial:

From the press release:

Over the past 15 years the women’s prison population has risen from 1,800 to over 4,000 today – an increase of 114%. Most women serve short sentences for non-violent crime and for those serving sentences of less than 12 months, almost two thirds are re-convicted within a year of release. The average cost of a women’s prison place is £56,415 a year. By contrast, an intensive community order costs in the region of £10,000 - £15,000.

The Taskforce was established in 2010 by the Prison Reform Trust, supported by the Bromley Trust, to take a fresh look at an old problem this time focussing on the economics, structure and accountability of women’s justice. Chaired by Fiona Cannon OBE, Diversity and Inclusion Director at Lloyds Banking Group, its membership includes senior representatives from the Magistrates’ Association, the Association of Chief Police Officers, probation, prisons, women’s centres, politics, the media and former offenders. The report, Reforming Women’s Justice, includes an economic analysis by Dr James Robertson, former chief economist at the National Audit Office.

The report makes clear that the current economic climate and the government’s proposed overhaul of the justice system provide a timely opportunity to look again at how women’s justice is delivered. The government's programme to reduce unnecessary imprisonment should be accelerated, and the money saved from the women’s prison estate reinvested to support effective services for female offenders in the community. Many of the solutions to women’s offending lie outside of the justice system in health, housing, and treatment for drug addiction and mental health needs. This demands a coordinated cross-departmental approach. The report calls for greater ministerial accountability and a cross-government strategy for women’s justice with accountability built into relevant roles within government departments and local authorities.

The Taskforce says lessons can be learnt from reform of the youth justice system where, in contrast to women, there has been a measurable reduction in the numbers of children in prison, the numbers of young people entering the justice system for the first time, and in youth offending. It suggests that proposals in the Ministry of Justice’s green paper, Breaking the Cycle, to devolve youth custody budgets to local authorities should be extended to women’s custodial provision.

Dr Robertson’s economic analysis draws on evidence that investing in appropriate alternatives to custody for women could reduce intergenerational offending and is more cost effective than prison in the long term. Women released from custody having served a sentence of less than 12 months are more likely to reoffend than those who received a community order; in 2008 the difference in proven reoffending rates was 8.3%. An estimated 17,700 children are separated from their mothers by imprisonment and only 5% of them remain in their own home whilst their mother is in custody. According to Dr Robertson, research studies to date support the likelihood of “an overall net advantage for society from community based intervention for women offenders, compared to custodial sentences.”

However, while women’s prisons are funded centrally through the National Offender Management Service, women’s centres rely on a wide range of funding sources to enable them to supervise court orders and deliver services for vulnerable women in their area. The Taskforce heard evidence from the manager of one centre that was reliant on 37 different funding streams, with a mixture of statutory and non-statutory sources, all with different methods of evaluation and reporting arrangements.

On 11 May 2011 the Ministry of Justice announced a one off joint funding package of £3.2m between the National Offender Management Service and the Corston Independent Funders’ Coalition to keep women centres open for 2011/12. The report states: “Whilst this is undoubtably positive news, the current situation of regular funding crises and last minute rescues is counterproductive and should be resolved ... What is currently unclear is the criteria by which projects will be assessed, and the levels of funding that will be available.”

Source:

Women's Justice Taskforce, Prison Reform Trust (UK)

URL:

http://www.prisonreformtrust.org.uk/Portals/0/Documents/Women's%20Justice%20Taskforce%20Report.pdf

Date:

June 6, 2011

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Associated Issues & Expertise:

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