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WELCOME TO THE PGHN WEBSITE AND BLOG--dedicated to providing news and analysis of federal and States criminal law, and prison conditions, including their impacts on recidivism, the family, and government.  PGHN has been created to provide useful services and information to a Community of caring, sharing persons, including  the accused, their attorneys, their families, (or, in the case of entities, their officers, directors, shareholders, partners, trustees, employees—pejoratively "white collar criminals") prosecutors, legislators, college and graduate school professors and students, whose interests are education, forensics, law, political science, psychology, psychiatry, sociology, related disciplines, other interested intellectuals and professionals, and the general public, who are as impacted by crime, criminal law, and imprisonment, as all of the usual subjects, even though they may not realize it until too late, except, hopefully, as they gain awareness through our Community.--





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Innocent must serve full unlawful sentence and wait five years before pardon!
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Crime and Prisoner Law News

Charging Adolescents as Sexters and Cyberbullys--the Consequences.

by George Hook on 11/18/14

Warren Township High School freshmen are charged under the Illinois Criminal Code with sexting and cyberbullying, as well as the female whose exposed chest was the source of the child pornography, since apparently, though a minor too, she did the selfie and consented to the sexting (the cyberbulling apparently being based solely on her minority and inability therefor to give meaningful consent, and ignoring that the "perps" were also minors—all in favor of disingenuous prosecution, as usual, albeit State instead of Federal for now.  (But see "Worse than Pornography," pp. 122-134, Marking Time, available in paperback and kindle (including download to your computer) at 

[http://www.amazon.com/Marking-Time-George-Clive-Hook/dp/146356046X

as well as from all other major booksellers.) If the parents gave knowing consent, they would be aiders and abettors to the "crime."  Possibly, the parents' lack of supervision or negligence could yet net them in the web of criminal injustice.  Ludicrous as this seems, the least rational analysis shows it is even worse.  The same act criminal among minors is not criminal among adults.  This is age discrimination, but constitutional if it is deemed by our august justices to have a rational basis.  Witness all those disgusting adult porno sites protected by 1st Amendment free speech.   What about the freshman males distributing their bared chests over the internet?  Not child pornography!  The female's—child pornography!  Is this not unconstitutional sex discrimination?  Some future case will likely so hold, but for now such distinctions may be deemed rational.  The local police are quoted in the local media: "Instruct children to report any explicit photos they receive on their cell phone to their parent, teacher, school counselor, pastor, or other trusted adult."  What self-respecting kid would do this?  Is it not 'snitching,' the worst breach of camaraderie? "Under no circumstances should they forward an explicit message to someone else." Does this admonition include the very persons to whom they are 'snitching?'  "They should not delete the message in the event law enforcement becomes involved."  Is this saying that doing what any rational person who objects to porno would do will constitute the crime of obstructing justice? "Parents should consider monitoring and spot checking their children's phone for harmful material."  Is this mere Parenting or 1984 style Big Brotherhood?   Following this advice of the local police may have dire life-long adverse consequences, witness  Marking Time, which also exposes how hypocritical, indeed, insanely so, are our pornography prohibitions and penalties.

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HEADLINE NEWS--There is much criticism of the Ferguson Grand Jury (sitting in Clayton, but so-called because of the location of  Brown’s killing and the “White DA” whose unprecedented, but excellent, explanation for no grand jury indictment  failed to abort rioting.  The “White DA” brought the charges.  In the exercise of prosecutorial discretion he need not have done so.  But the Ferguson rioting and destruction immediately after Brown’s killing must have dictated his passing the decision off to them since they are anonymous by law and he is not .  Other than by his presentation, a district attorney would have no control over a Grand Jury deciding whether to indict. The typical fault to be levied against a DA is that information which shows innocence not guilt was withheld.  Prosecutorial obstruction of justice is applied to trial discovery withheld from the defense rather than to presentation before grand or petit jury. US v. Williams, 504 US 36 (1992).   The DA in the Ferguson matter stated that he presented everything to the Grand Jury.  Apparently to provide independent confirmation of this statement, presumably, in the hope to avoid more rioting, unusual as it is, The White DA made everything presented to the Grand Jury public so that the public could judge for itself if it would take the same time and effort of months the grand jurors took to decide there was "no probable cause" for indictment.  Many Brown partisans are now urging the federal government to get involved.  However, the federal government does not have criminal jurisdiction over the matter unless it can be fashioned as a criminal violation of Brown's civil rights by Police Officer Wilson., or highly improbably, the White  DA, who did his job, or the grand jurors, who remain anonymous by law (except for disclosure that three were Blacks) who have virtual unfettered right  (even beyond a petit jury prerogatives broad confines of fact and law) to make whatever decision on whatever basis.  The federal government has been involved in the investigation of the Ferguson matter from day one. The only avenue is a civil case brought by someone who would have standing to do so, presumably, his parents, for damages. However, that does not seem the least bit realistic either.  Self-defense and police immunity for acts in the line of duty would make any recovery a daunting task for anyone involved--judge jury, counsel--probably impossible.
VOTE WHETHER THE CRITICISM IS justified     OR not     CHECK WHICH.