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Monthly Archives: February 2017
Do we have a legitimate government? – Williamsport Sun-Gazette
Posted: February 15, 2017 at 12:42 am
Prior to last years election, supporters of Hillary Clinton worried that Donald Trump and his supporters might not accept Hillary Clintons victory as legitimate. It never occurred to them that the shoe might soon be on the other foot.
Shortly after it became apparent that there would be no Clinton victory party, many of her supporters instantly switched gears and began to question the legitimacy of Trumps victory.
No matter how much it angers some people, though, Donald Trump is the duly elected President of the United States. Still, there is a much more fundamental question about the legitimacy of the government he leads. Its has nothing to do with who won the election.
Over the past four decades, American government has been completely transformed by the growth of the Regulatory State. Most governing decisions are now made by distant bureaucrats with little input from Congress. Courts rarely provide any checks and balances giving executive branch officials free reign to interpret laws according to their own preferences and agendas.
An unaccountable government, insulated from the public and their elected representatives, threatens the very legitimacy of a democratic political system, according to Yale Universitys Jonathan G.S. Koppell. The Regulatory State is not merely unconstitutional; it is anti-constitutional, adds Boston University Law Professor Gary Lawson. The Constitution was designed specifically to prevent the emergence of [these] kinds of institutions.
By placing its faith in unaccountable government officials to pick winners and losers, the Regulatory State is a rejection of the core American values of freedom, equality and self-governance. This hostile takeover of Americas government did not happen by accident or misunderstanding. Its architects did not misunderstand the Constitution, explains Lawson. They understood it perfectly well. They just didnt like it.
Lacking Constitutional authority, the Regulatory State might conceivably claim legitimacy by appealing to the higher values expressed in the Declaration of Independence. But that great document says clearly that governments can derive just authority only from the consent of the governed.
The Regulatory State fails on that front as well. During the entire four decades of its existence, there has never been a time when a majority of Americans trusted the federal government (other than a brief blip immediately following 9/11). The longer that people have lived under the regulatory regime, the less they support it. Over the past decade, the number trusting the federal government to do the right thing most of the time has fallen to 25 percent or less.
The Regulatory State, therefore, can claim no legitimacy from either the Constitution or the Declaration. Regardless of who sits in the Oval Office and who controls Congress, it is an illegitimate form of government. It gives far too much power to the president, a fact that instills tremendous fear of oppression among those who support the losing candidate.
Its time to re-establish a legitimate government in America and restore our national commitment to freedom, equality, and self-governance.
That means forcing the bureaucracy to live within our Constitutional system of checks and balances. Its the only way to ensure a bright future for our nation. Its also the only way to ensure that, regardless of who wins an election, all Americans can enjoy the right to life, liberty, and pursuit of happiness.
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Is Ending The War On Drugs A Panacea? – Modern Times Magazine
Posted: at 12:42 am
W.A. Bogart, professor, University of Windsor. Courtesy Dundurn Press.
By Karen Weil and John Guzzon Modern Times Magazine
Feb. 14, 2017 The War On Drugs has been raging in the United States for nearly a century, and over that time period, the U.S. government has perpetuated the battle to its partner nations around the world.But what has The War On Drugs really accomplished?Drug use has not been reduced despite massive budgets and the militarization of police forces around the world and especially in border areas. And, while spending on interdiction and other law enforcement tactics have gone up, illicit drug use in the United States has, in fact, been increasing.According to the National Institute on Drug Abuse, in 2013, an estimated 24.6 million Americans aged 12 or older 9.4 percent of the population had used an illicit drug in the past month. In 2002, it was only 8.3 percent. Some espouse even greater law enforcement approaches. Others propose that the only way to reduce drug use or to limit its devastating impacts on the world, is to legalize it.In 2011, the Global Commission on Drug Policywhich included amongst its ranks former presidents of Brazil, Mexico and Colombia, former UN Secretary General Kofi Annan, the prime minister of Greece, and former high ranking federal officials George P. Shultz and Paul Volckerrecommended legalization as the best course forward.A big reason is that the commission and others have taken this position is because it spends a lot of cash without getting the results.A recent book, Off The Street: Legalizing Drugs by W.A. Bogart, a professor at the University of Windsor, Ontario, Canada, gets into the heart of the matter and then some. Bogart says the very nature of making something illegal is counterproductive to use reduction.He pointed to success in driving down tobacco use through public health campaigns as one example of why making substances people want to ingest illegal is doomed to failure. Bogarts previous work on eating habits and obesity led him to take the concept even further to drug use.He gratefully agreed to sit down with us to talk about his book, The War On Drugs and possible solutions. Included below are some snippets from our podcast. (link here)MT: Your last book addressed the psychological impacts on food consumption. Why did you decide to tackle illicit drug use?BOGART: Ive long been interested in looking at the affect law has on underlying social and economic issues...it became clear to me that non-medical use of drugs are an outlier. Other uses of drugs whether it is gambling, tobacco use or another, is 'permit but discourage.'MT: You make it clear early on in the book that you are not a drug user besides a glass of Shiraz, some champagne or a gin martini. Why was it important to state that?BOGART: When you write a book about consumption, it is very interesting how people speculate how much one is personally invested in the issues. In terms of my book before, regulating obesity, I had a number of incidents over the phone where the journalists would gradually move toward whether i was obese or not. I came to see people were curious to the extent there was personal investment in the topic...I also came to think that it was important that those who are persuaded for the case of moving towards legalization need to stand up for those who are using.MT: Talk about the history of criminalization of drug prohibition.BOGART: Up until the start of the 20th century, nonmedical use of drugs was something the law was ambivalent to. People used laudanum and opium as a daily pickup...Freud had a cocaine problem. Stevenson wrote Dr. Jekyll and Mr. Hyde on a cocaine high. Drugs were widely available and widely used. Sure, people were concerned when people developed problems, but there was not the idea that prohibition was the answer....By the 1920s, the idea of prohibition of drugs and alcohol were enacted. The lessons of the cost of prohibition in regards with alcohol, though, was learned and countries moved over to the regulatory side, but that did not happen with drugs.MT: You termed the collapsing of criminalization as a hollowing out, please explain.BOGART: Lets start by answering what The War On Drugs has brought about. Its simple purpose was to end the use of drugs. We know in the 20, 30 or 40 years that it has been going on that suppression is not successful and some rates have even increased. The War, though, has increased collateral costs. We put people in jail because they use a substance and we have substantial resources being used to fight that war when those resources can be used by others. Governments have been deprived revenue sources from and industryand it is an industry. Children have also been hurt. What I mean by a hollowing out is that these changes will not suddenly occur. Many societies are trying to do something about these collateral costs and to do something, they have to move away from criminalization...Part of that hollowing out is the changing perceptions on marijuana.MT: How does prescription drug abuse factor in the legalization equation?BOGART: We have a horrible opioid crisis in Canada as well. It is a tragedy. But the way we are addressing it Canada actually points the way to legalization. I know of no responsible voice in Canada that says the solution is to round up these people and put them in jail. Many of them are committing a legal offense....We think it is better to save lives then throw them in jail.To get more, listen here http://www.moderntimesmagazine.com/ModernTimesPodcasts/170207-MT-Podcast.mp3 or signup via Google Play or ITunes by visiting OUR PODCAST PAGE.
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Donald Trump Vows ‘Ruthless’ War on Drugs and Crime – The Daily Chronic
Posted: at 12:42 am
(Flickr/Oregon Department of Transportation)
Phillip Smith | February 13, 2017
In a sharp break with the Obama administration, which distanced itself from harsh anti-drug rhetoric and emphasized treatment for drug users over punishment, President Donald Trump last week reverted to tough drug war oratory and backed it up with a series of executive orders he said were designed to restore safety in America.
Were going to stop the drugs from pouring in, Trump told law enforcement professionals of the Major Cities Chiefs Association last Wednesday. Were going to stop those drugs from poisoning our youth, from poisoning our people. Were going to be ruthless in that fight. We have no choice. And were going to take that fight to the drug cartels and work to liberate our communities from their terrible grip of violence.
Trump also lambasted the Obama administration for one of its signature achievements in criminal justice reform, opening the prison doors for more than 1,700 drug war prisoners who had already served sentences longer than they would have under current, revised sentencing guidelines. Obama freed record numbers of drug traffickers, many of them kingpins, Trump complained.
And in a sign of a return to the dark days of drug war over-sentencing, he called for harsher mandatory minimum prison sentences for the most serious drug offenders, as well as aggressive prosecutions of drug traffickers and cracking down on shipping loopholes he claimed allowed drugs to be sent to the US from other countries.
In a New Hampshire campaign speech during the campaign, Trump called for more treatment for drug users and more access to overdose reversal drugs, but there was no sign of that side of the drug policy equation in Wednesdays speech.
Last Thursday, Trump backed up his tough talk with action as, at the Oval Office swearing in of Attorney General Jeff Sessions, he rolled out three executive orders he said were designed to restore safety in America, but which appear to signal an increasingly authoritarian response to crime, drugs, and discontent with policing practices.
The first, which Trump said would reduce crime and restore public safety, orders Sessions to create a new Task Force on Crime Reduction and Public Policy, which will come up with strategies to reduce crime, including, in particular, illegal immigration, drug trafficking and violent crime, propose legislation to implement them, and submit a report to the president within a year.
The second, regarding transnational criminal organizations and preventing drug trafficking, directs various federal law enforcement agencies to increase intelligence sharing and orders an already existing interagency working group to submit a report to Trump within four months describing progress made in combating the cartels, along with any recommended actions for dismantling them.
Im directing Department of Justice and the Department of Homeland Security to undertake all necessary and lawful action to break the back of the criminal cartels that have spread across our nation and are destroying the blood of our youth and other people, Trump said Thursday.
The third directs the Justice Department to use federal law to prosecute people who commit crimes against police officers, even though they already face universally severe penalties under existing state laws.
Its a shame whats been happening to our great, truly great law enforcement officers, Trump said at the signing ceremony. Thats going to stop as of today.
The tough talk and the executive orders provoked immediate alarm and pushback from human and civil rights advocates, drug reformers, the Mexican government, and even the law enforcement community. The apparent turn back toward a more law-and-order approach to drugs also runs against the tide of public health and public policy opinion that the war on drugs has been a failure.
In a report released last Friday, dozens of senior law enforcement officials warned Trump against a tough crackdown on crime and urged him to instead continue the Obama administrations efforts to reform the criminal justice system.
The report was coauthored for Law Enforcement Leaders to Reduce Crime and Incarceration by former Dallas Police Chief David Brown, who won wide praise for his response after a gun man killed five of his officers last year.
Decades of experience have convinced us of a sobering reality: Todays crime policies, which too often rely only on jail and prison, are simply ineffective in preserving public safety, the report said.
The presidents crime plan would encourage police to focus on general lawbreaking rather than violent crime, the report said. The Justice Department already spends more than $5 billion a year to support local police, much of it spent on antiquated law enforcement tools, such as dragnet enforcement of lower-level offenses and Trumps plan would repeat this mistake, the officials wrote. We cannot fund all crime fighting tactics.
Drug reformers also sounded the alarm.
This rhetoric is dangerous, disturbing, and dishonest, said Bill Piper, senior director for national affairs for the Drug Policy Alliance. We have had a war on drugs. It has failed. Tough talk may look good before the cameras, but history has taught us that cracking down on drugs and building walls will not stop the supply or use of drugs. It mostly causes the death and destruction of innocent lives. Trump must tone down his outrageous rhetoric and threats, and instead reach out to leadership from both parties to enact a humane and sensible health-based approach to drug policies that both reduce overdose and our countrys mass incarceration crisis.
Indeed, most public health experts argue that the prohibitionist approach to drugs has been a failure. They point to research such as a 2013 study in the British Medical Journal that found that despite billions spent on drug prohibition since 1990, drug prices have only decreased and purity increased, making getting high easier and more affordable than ever before.
These findings suggest that expanding efforts at controlling the global illegal drug market through law enforcement are failing, the authors conclude.
Public health analysts also point to research showing that between 1991 and 2001, even when the drug war was in full effect, the rate of illicit drug use among teens rose sharply, while their cigarette smoking rate fell off a bit and their alcohol use dropped sharply. The substances that are legal for adult use were less likely to see increases than ones that are prohibited, the analysts point out.
Mexican Foreign Affairs Secretary Luis Videgaray also chimed in to note that there wouldnt be any Mexican drug cartels without American demand for drugs and to remind Washington that its not just whats being exported from Mexico that is a problem, but whats being imported, too.
For years, from the Mexican perspective, people say, OK, the problem with drugs that its creating so much violence, so many deaths of young people in Mexico is because theres demand for drugs in the US, Videgaray said. We happen to be neighbors to the largest market for drugs. From the American perspective, its just the other way around, he said, adding that both countries need to get past the blame game.
And if the US is serious about helping Mexico disrupt the cartels business model, it needs to stop the southbound traffic in cash and guns.
We need to stop illegal weapons flowing from the U.S. into Mexico, Videgaray said. We always think about illegal stuff moving through the border south to north, but people forget that most guns and were not talking small guns, were talking heavy weapons they get to the cartels and create literally small armies out of the cartels.
Human Rights Watch reacted to a comment from Attorney General Sessions at his swearing in ceremony that crime is a dangerous permanent trend that places the lives of American people at risk, by noting that crime is down dramatically by all measures over the past 20 years despite a slight increase in violent crimes between 2014 and 2015. There is no dangerous permanent trend in violent or non-violent crime, it pointed out.
And Amnesty International swiftly reacted to the executive order calling for new federal penalties for crimes against police.
Law enforcement officers face unique hardships and challenges due to the nature of their work, said Amnestys Noor Mir. Authorities are already able to vigorously prosecute crimes against law enforcement officers, and there is no history to suggest that officers are not fully protected by current laws. This order will not protect anyone, and instead it creates additional penalties that could cause people to be significantly over-prosecuted for offenses including resisting arrest.
There is a better way, said Mir, but that would require going in a radically different direction than where the Trump administration is headed.
This order does nothing to address real and serious problems in the US criminal justice system, he said. Relationships between law enforcement officers and the communities they serve could instead be improved by investing in reform of the criminal justice system and better training for officers. Police already have laws protecting them, but there is no federal standard for the prosecution of officers who unlawfully kill civilians. Implementing a standard for lethal force in line with international standards will protect both police and civilians.
The Trump administration has outlined an approach to drugs and criminal justice policy with dark Nixonian and Reaganite underpinnings, promising more, more, more heavy-handed policing, more swelling prison populations, and more not less distrust and suspicion between police and the communities they are supposed to serve and protect.
And, in typical Trump fashion, his brash, draconian approach to the complex social problems around crime and drugs is creating a rapid backlash. Whether the rising opposition to Trump can rein in his authoritarian impulses and regressive policy approaches to the issue remains to be seen, but a battle to stop the slide backward is brewing.
This article is licensed under a Creative Commons AttributionlicensefromStopTheDrugWar.organd was first published here.
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Americans Lost $116.9B Gambling In 2016: Report – CardPlayer.com
Posted: at 12:41 am
The amount of money people in America spent on gambling in 2016 was an estimated $116.9 billion, according to data from H2 Gambling Capital. Thats the amount won off of gamblers in areas including brick-and-mortar casinos, state lotteries and regulated online gaming sites.
The Economist first reported on the data, which showed that the U.S. is still by far the largest overall gambling market in the world. China was a distant second with an overall gambling market of $62.4 billion. About $30 billion of that comes from Macau.
The U.S. gambling sector has room for major growth. The American Gaming Association says that about $150 billion is wagered on sports (the handle) each year in the U.S., with nearly all of it coming through illegal channels. Traditional sports betting is only legal in Nevada, where bettors are now wagering about $4.5 billion each year.
Nevada casinos won about $220 million on those wagers last year.
There are efforts on Capitol Hill to legalize sports betting nationwide.
Silver State casinos won $11.26 billion from gamblers last year, a small uptick over 2015.
Online casino gaming is legal in just three U.S. states, but many more are still considering the activity. New York and Pennsylvania stand as the front runners to legalize internet casinos in 2017.
The size of the commercial casino market is worth about $40 billion annually, while tribal casinos win about $30 billion a year. The lottery is the next largest component of the U.S. gambling market, with annual sales in the tens of billions of dollars.
The popularity of the lottery has led to a handful of states bringing it to the internet.
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Americans Lost $116.9B Gambling In 2016: Report - CardPlayer.com
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BitcoinCasino.us Ensures Instant Payouts and Responsible Gambling – newsBTC
Posted: at 12:41 am
A new Bitcoin gaming platform has been launched with a promise to deliver the most transparent and quick casino service.
A new Bitcoin gaming platform has been launched with a promise to deliver the most transparent and quick casino service.
Bitcoincasino.us, as the platform is titled, operates using only Bitcoin. Which implies that you wont have to wait long to receive your pay-outs; they are processed instantly. And if you win big, the pay-out will be processed within 5-15 minutes!
Bitcoincasino.us is a casino that cares about their players, which is rare in the world which is witnessing an increase in online frauds. Bitoincasino, however, has agoal of offering its visitors thebest time possible. Its their passion for casino games and entertainment that keeps them driven towards their goals.
Bitcoincasino.us provides its users with amazing high-quality games, secure transaction, quick pay-outs and excellent customer service. They offer an online gaming experience that compels the players to keep coming back for more.
All their casino games are handpicked by the team. This is to ensure that they offer only the best to their customers. The Bitcoincasino.us team is also confident in the stunning graphics and the sharp sound effects used in the games to attract more players and having them return for more.
Bitcoincasino.us has also set up a robust customer care where the players can contact them for any problems they face. They promise to address any problems faced by the players right away. Bitcoincasino.us strives to keep their customers happy and wants to assure them they wont have to worry about being left out in the cold when playing in their casino.
What further distinguishes the casino platform from its counterparts and further reiterates its message about caring for its visitors is their option to purposefully block the clients from their casino who feel that they are getting addicted to gambling.
In a gesture of care, they do not want their users to lose a healthy life balance. In order to do so, they offer a safeguard against gambling too much.
If you reach the point where you feel that you can no longer trust yourself with using bitcoins to gamble on Bitcoincasino.us, you can mail them. They will purposefully block you from their casino.
They also offer to help in case you suspect your spouse or relative might have a problem.
Bitcoincasino.us wants their casino to be a fun and friendly place, where everyone gambles responsibly.
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Massive felony gambling raid in Marietta – FOX 5 Atlanta
Posted: at 12:41 am
MARIETTA, Ga. - Luxury cars, hundreds of thousands of dollars in cash, and jewelry were all seized in an illegal gambling raid. Three people are in jail after what police are calling a substantial organized crime investigation.
Marietta police said this is a result of a two-year investigation. Detectives have been watching Gantts Food on Franklin Gateway and another convenience store on Windy Hill Road which police said is owned by the same man, Khubaib Hussain.
Detectives said the gaming machines in both stores were paying out cash, and thats illegal in Georgia.
What theyve been doing is paying people off in cash, anywhere from $5 to $5,000, said Marietta Police Officer Brittany Wallace.
Monday police obtained search warrants for the two stores and the owners home in Douglas County. Police said they seized five vehicles, $250,000 cash, jewelry, computers and a phone.
Hussain along with two employees were arrested and charged with felony commercial gambling. Tuesday night, they were in the Cobb County Jail, but the stores were open, minus the gaming machines. Those were seized by state authorities Tuesday afternoon.
VIDEO: Hear why police said they took down the operation and why
Nikki Tavares is a customer of Gantts Food. She said she often saw people playing the machines.
People come and sit at the machines and they smoke their cigarettes, but I didnt think they were doing anything wrong, said Tavares.
Marietta police said the investigation involved a number of agencies including the Cobb County Police Department, Douglas County Sheriffs Office, the Georgia Bureau of Investigation and the Department of Revenue. Authorities said they are also looking into possible money laundering and tax evasion.
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Levine: Rick Hahn, White Sox Gambling On Right Trades At Right Time – CBS Local
Posted: at 12:41 am
Levine: Rick Hahn, White Sox Gambling On Right Trades At Right Time CBS Local (CBS) Arizona once boasted some of the craftiest gamblers. So when you consider what Chicago White Sox general manager Rick Hahn has up his sleeve, it had better be the fifth ace in the deck. The poker table is weighted toward Hahn. The gamble is ... |
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Russia Proposes UIGEA-Like Legislation to Block Online Gambling – Casino.Org News
Posted: at 12:41 am
News Legislation Russia Proposes UIGEA-Like Legislation to Block Online Gambling
Russia is taking a page out of the Unlawful Internet Gambling Enforcement Act (UIGEA), the 2006 United States federal statute that blocked financial institutions from facilitating online transactions related to internet gambling.
Russian President Vladimir Putin wants to make it harder for his citizens to gamble online, and is seemingly doing so by utilizing language from UIGEA, the US law that prohibits the digital transmissionof moneyfor use at internet casinos. (Image: Mikhail Metzel/Reuters)
Russias Ministry of Finance unveiled a piece of legislation this week that seeks to implement regulations on banks to curtail the countrys growing illegal online gambling problem. The nations government estimates that its citizens are spending roughly $3 billion annually playing internet casinos.
Should the statute become law, a blacklist would begin tracking both domestic banking groups that continue to processonline transactions for gambling, as well as international casino sites marketing their games to Russian citizens.
The proposal will receive additional consideration by the Finance Ministry later this week. The legislation was reportedlyrequestedby President Vladimir Putin.
Russias government and Putin have long opposed most forms of gambling. However, the worlds largest country in geographical terms, did relax some of its casino laws in recent months regarding land-based gaming.
Since 2009, gambling has been confined to four special zones: Azov City in the Krasnodar region; Primorye near the Pacific port of Vladivostok; Kaliningrad, a Russian enclave on the Baltic Sea coast; and Altai in Siberia.
Earlier this year, Russias newest casino, the Sochi Casino and Resort, opened under the Krasnodar gambling blanket. The venue was authorized by the Kremlin to help the Black Sea resort city offset continuing expenses incurred from hosting the 2014 Winter Olympics.
Sochis humid subtropical climate made it the warmest host city for a Winter Olympics in history. Though the nearby mountains provided plenty of snow-covered terrain, the 2014 spectacle became the most expensive Olympics (Summer or Winter), with total costs exceeding $50 billion.
Putin was initially against allowing Sochi to host a casino, instead preferringto keep the summer vacation spot more family friendly. The ruler changed his stance in order to help revitalize the local economy.
While Putin is letting up slightly on brick-and-mortar casinos, he remains against online gambling.
The Finance Ministrys proposal is eerily similar to UIGEA.Like the US law, Russia would make it a crime for a bank to transfer money on behalf of a customer to an online gambling platform.
Of course, when UIGEA was signed into law in 2006, not everyone adhered to its regulations.
The most infamous offenders were of course PokerStars and Full Tilt Poker. The two online poker networks continued allowing players in the US to access their interactive rooms until the domains were seized by the US Department of Justice in 2011 on what became known as pokersBlack Friday.
The online poker companies were accused of engaging in bank fraud and money laundering in order to process financial transactions for patrons.
UIGEA is notorious in America for providing a fantasy sports exemption. The loophole has been the legal arguing basis for daily fantasy companies like DraftKings and FanDuel.Slightly similar, the Russian anti-online gambling measure would provide a carve out for payment transactions relating to the limited number of approved online sports betting platformsin Russia.
However, should the Russia UIGEA bill become law, banks might be understandably apprehensive in approving any such activity associatedwith internet betting.
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Canadian doctors are struggling with euthanasia – National Right to Life News
Posted: at 12:41 am
By Alex Schadenberg, Executive Director, Euthanasia Prevention Coalition
Dr. Jeff Blackmer
Jeff Blackmer, the former ethicist and current Vice President for medical professionalism with the Canadian Medical Association told Ryan Tumilty from Metro news that Canadian doctors have been telling his group that they struggle with taking part in assisted-death procedures.
He said physicians who have agreed to help a patient they knew well may find it difficult to help subsequent patients.
They will say, it was just too difficult and too traumatizing physiologically and it is not something I will go through again, he said. They really struggle with it, and for some of those that is the only one they will do.
Blackmer said some of Canadas physicians are entirely ruling out providing end-of-life assistance to future patients.
In some provinces where they have a list of providers where they may be willing to participate, I know from speaking to colleagues that some of those lists are getting shorter.
He said the CMA has not received any reports of doctors being pressured into providing assisted suicide
[Note: When Blackmer says end-of-life assistance, he actually means lethal injection. ]
The reality is that killing another human being, even if that person has asked to be killed, is innately wrong and dangerous. Canadians should actually be concerned about doctors who do not have a problem with killing their patients.
Editors note. This appeared on Mr. Schadenbergs blog and is reposted with permission.
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Canadian doctors are struggling with euthanasia - National Right to Life News
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Hadi’s Bill opens doors for disproportionate punishments, constitutional expert says – Malay Mail Online
Posted: at 12:40 am
Hadis Bill opens doors for disproportionate punishments, constitutional expert says
Professor Datuk Shad Saleem Faruqi speaks at the forum 'Sejauh mana anda memahami hudud' at the PAUM Club House in Kuala Lumpur February 12, 2017. Picture by Boo Su-LynKUALA LUMPUR, Feb 12 A private members Bill to enhance Shariah punishments will enable excessive sentences for religious offences that mostly victimless and non-violent, Datuk Dr Shad Saleem Faruqi said today.
The constitutional expert said the Bill by PAS president Datuk Seri Abdul Hadi Awang will also allow penalties for Shariah offences that are harsher than even punishments for heavier crimes in the civil system.
Punishment must be proportionate to the offence committed, the University of Malayas emeritus professor of law said in a forum on understanding the Islamic penal code of hudud organised by Tan Sri Tengku Razaleigh Hamzah.
Youre going to have penalties of 100 lashes, RM100,000 fine, or 30 years jail for offences that are in some cases are purely victimless crimes. Some of Shariah crimes are victimless crimes a person drinks, doesnt pray, doesnt fast there is no clear harm to public order and national security.
In Criminal Procedure Code, Penal Code, the offences are much lesser for much bigger offences, Shad said.
According to Shad, the First Class Magistrate courts should be the benchmark for the punitive powers that Shariah courts may have. Currently, the Shariah courts powers are equivalent to the Second Class Magistrate courts.
Shad also said that the Shariah Court (Criminal Jurisdiction) Act 1965 also known as Act 355, which Hadis Bill aims to amend, is itself unconstitutional as it provides for penalties, but not the broad categories of offences that fall under the Shariah courts jurisdiction.
The law expert said the Act gives a blank cheque to state courts to enact punishments for any crime seen as against the precepts of Islam, adding that this has since been abused by state authorities.
If they really want to follow the Constitution, first step should be that all Shariah enactments must either be repealed, amended, or made in line with the Constitution. Only then can the punishment powers of Shariah courts be enhanced, he said.
Shad said Shariah laws are currently inconsistent and differ from state to state, and that there should be effort to unify these, which he noted is missing from Hadis Bill.
He also pointed out that, in Islam, there is a distinction between sin and crime, and not every sin must be criminalised as it is being done by the Shariah enactments in the country.
Other panelists in the forum today included Universiti Sains Malaysia political science professor Dr Ahmad Fauzi Abdul Hamid and Perlis mufti Datuk Dr Mohd Asri Zainul Abidin.
The latest version of Hadis Bill aims to increase the punishments that Shariah courts can mete out from three years jail, six strokes of the cane and an RM5,000 fine to 30 years imprisonment, 100 strokes, and an RM100,000 fine.
Islamist party PAS is organising a rally in support of the Bill for Saturday, February 18 at Padang Merbok in the countrys capital.
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