[ Back to Table of Contents ] Anti-Communitarian League : Research & Analysis of the Ultimate Third Way
ACL founder commits communitarian crime under the Domestic Violence Act
by Niki Raapana, April 20, 2005, revised May 24, 2005 This page is under construction
"We must give voice to women plagued by violence in all its forms. It doesn't matter if it's by law or custom, ignorance or inaction. It doesn't matter if it's in war or peace, in our homes or our streets. No woman should ever be degraded by violence. And violence against women must never again be pushed aside as trivial or explained away as cultural. Let us call it what it is. Violence against women is a violation of human rights."
-- First Lady Hillary Rodham Clinton, excerpted from her remarks on International Women's Day, March 11, 1998
I've been charged with committing an international communitarian crime. I was arrested and released for a "violation by third party custodian" as per Alaska Statute Sec 11.56.758. Violation of a Custodian's duty.
"Bail. The Alaska constitution says that a defendant has the right to bail. The judge can set conditions to assure that the defendant will appear for trial and will not commit other crimes. The constitution gives a victim the right to protection from the defendant, and the right to speak at the bail hearing. At the hearing, the judge decides how much money or property, if any, the defendant should put up as bail. The judge may require that another person supervise the defendant. This person usually is called a third party custodian, and he or she must follow court conditions. If the custodian does not, that person could be charged with a crime too. The judge also sets conditions of release to protect the victim and the public. "http://www.ajc.state.ak.us/Reports/victmanframe.htm
Rights Of Victims of Crime Will Balance Scales of Justice By Wevley Wm. Shea of Law Office of Wevley Wm. Shea. "Traditionally, criminals enjoy the protection of the Alaska Constitution, while justice has been blind to the victims of crimes.
However, over the past 12 years, society has come to recognize that the victims of violent criminal acts are subjected to a criminal justice system that allows victims no right to due process, no right to a lawyer, no right to privacy, no right to be informed and consulted, no right to access to the court record and no right to the finality of their traumatic ordeal."
My "rights" under Alaskan Constitutional Guarantees:
§ 11. Rights of Accused under the Alaskan State Constitution in 1959
"In all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury of twelve, except that the legislature may provide for a jury of not more than twelve nor less than six in courts not of record. The accused is entitled to be informed of the nature and cause of the accusation; to be released on bail, except for capital offenses when the proof is evident or the presumption great; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."
My rights "balanced" under Communitarian Amendments to the Alaska State Constitution:
§ 24. Rights of Crime Victims under the Amended Alaska State Constitution in 1994
"Crime victims, as defined by law, shall have the following rights as provided by law: the right to be reasonably protected from the accused through the imposition of appropriate bail or conditions of release by the court; the right to confer with the prosecution; the right to be treated with dignity, respect, and fairness during all phases of the criminal and juvenile justice process; the right to timely disposition of the case following the arrest of the accused; the right to obtain information about and be allowed to be present at all criminal or juvenile proceedings where the accused has the right to be present; the right to be allowed to be heard, upon request, at sentencing, before or after conviction or juvenile adjudication, and at any proceeding where the accused's release from custody is considered; the right to restitution from the accused; and the right to be informed, upon request, of the accused's escape or release from custody before or after conviction or juvenile adjudication. [Amended 1994]"
Brief background about the defendent I was charged with custodianship over:
A 54 year old male friend of mine was accused of domestic assault against his 34 year old girlfriend who previously lost her parental rights to their children. Her criminal and substance abuse history is court record. She was determined to be an unsuitable parent by the Superior Court of Alaska and is currently involved in the AK . She is the state's only witness to the alledged assault.
Because I've known the accused since 1976 and have remained a close friend of his entire family, I agreed to be an additional Third Party Custodian so that he could remain free until his trial. The prosecutor is making him wait until the very end of his 120 day speedy trial deadline to go to trial. The City has no prepared case and appear to be dragging it out hoping to catch him in violations of his release conditions. Under his Order and Conditions of Release on March 23, 2005 I signed on to be an "Additional Third Party Custodian." The "24- hour sight or sound" box is unchecked. On paper, I agreed to ensure the accused obeyed the following conditions of his release:
1. Appear at all scheduled hearings unless excused.
2. Obey all local, state and federal laws and ordinances.
3. Notify court in writing of any changes in mailing address.
4. Do not consume alcohol over .08.
5. No contact directly or indirectly with R.M.
6. No weapons.
AS Sec 11.56.758 says "(a) A person commits the crime of violation of a custodian's duty if the person knowingly fails, when acting as a custodian appointed by the court for a released person under AS 12.30 to report immediately as directed by the court that the person released has violated a condition of release."
Alaskablawg partially explains the practice of using a Third Party: "One big difference between Alaska and the rest of the country is in the bail statutes. There is not enough business in most of the Bush locations to support a bail bond company. So, how do people make bond? Alaska allows the court to order someone be released to a third party custodian (TPC). This is a person who will be the eyes of the court while someone is out pending trial. Conditions can very, but as you might expect, the court wants someone old enough to be responsible and without a criminal record, although this last condition can be waived if the criminal record is minor or old. Most of the clients are poor enough that they would not make bail."
May 19, 2005 -- First hearing. Offered deal by the DA's office to plead gulity/no contest in exchange for 90/90 and 5 years probation. Showed Assitant DA copy of my agreement. I ssked for clarification of charges, specifically a legal definition of the Third Party Custodian duties. None offered. Entered plea of not-guilty. Declined court appointed attorney, and declared myself as a pro se litigant. Judge Nolan ordered a Representation Hearing for June 13, 2005 to determine whether I have the "education" to defend myself. I told her I was still unclear on what I was being charged with. The State has to file a Complaint against me. Asked Assist DA for a contact phone #. He wrote a # on a blank slip of paper. I asked whose # it was. The other Assist sneered, "It's Kari Brady's #, you met her in court the day the judge told you it was 24-7 sight and sound." Unlike when the cop said the same exact thing on the night of my arrest, I didn't respond.
(This is very odd since my violation carries jail time:)
"Violation : an offense that carries no jail time but may be penalized by a fine not exceeding $300. A violation is not considered a crime."
"Pro Se : a Latin expression for a defendant who acts as his or her own attorney. Also known as "pro per.""
"Complaint or information. The police submit written reports about the crime to the prosecutor, who usually prepares the charges against the defendant. A criminal complaint or information says that the defendant committed a particular crime or crimes. Each count describes violations of separate laws, or crimes against separate victims. Complaints and informations are used for misdemeanor offenses and some felonies. Some felony cases are prosecuted with indictment by a grand jury."
"The Alaska Court System’s Self-Help Center (SHC) in Nesbett Courthouse, Anchorage, Alaska, is seeking a summer intern to work on a variety of issues affecting pro se litigants in the courts. The SHC is relatively new department within the court to help people without lawyers to navigate the court. The Center provides a range of services to pro se litigants throughout the state of Alaska, including a Family Law Helpline, web based self-help materials, self-help classes, and education and outreach to legal and non-legal service providers across Alaska. The intern will assist in various aspects of service delivery, including delivering existing pro se education classes, developing curricula for new classes, drafting substantive pro se materials for the court’s web page, analyzing pro se behavior/needs in various proceedings, and helping with various other projects that will be tailored to the intern’s interest. The intern will have the opportunity to attend numerous court proceedings at the trial and appellate levels, and will have many opportunities to learn about court administration from the inside out. The intern will also have the opportunity to learn about and interact with numerous legal and non-legal service providers in Alaska. This internship is most appropriate for someone who has just completed his or her first year of law school. This internship will be particularly rewarding to someone interested in access to justice issues. The intern will be supervised by the director of the center. Twenty hours per week from June – July, specific dates to be determined."
The above reference bugs me. Why is my state seeking a summer intern to work on a variety of issues affecting pro se litigants in the courts yet currently provides ZERO assistance for pro se litigants? Why does the government spend so much time (and money) studying us instead of helping us navigate their insane system?
"III. Improving Access to the Courts
Access to justice is a fundamental right of all Alaskans. There are many in our community, however, who do not have the resources or the knowledge to participate equally in our justice system. It is the responsibility of the courts and of our entire profession to ensure that all Alaskans enjoy affordable access to the courts.
"The Supreme Court's Access to Civil Justice Task Force that I was privileged to chair explored many solutions to this challenge. One option suggested was to expand the scope of the Pro Bono program, in which lawyers provide free legal services. Over 42% of Alaska's lawyers have volunteered to provide free legal services to the disadvantaged and that number should increase. The Task Force also recommended increasing the funding and presence of Alaska Legal Services, particularly in rural communities, and exploring ways to provide legal assistance to those who do not qualify for Legal Services but are of moderate means.
"But in addition to looking for ways to provide lawyers for those who can't afford them, the Task Force also explored the special problems faced by those who venture into court without a lawyer the pro se litigants. An extraordinary number of persons attempt to represent themselves, in all types of cases but particularly in domestic cases. The court has responded by developing new forms and informational material for pro se litigants, providing much of this information on the court's web page. One exciting development is an agreement that the court has just completed with the federal Department of Health and Human Services and the State Child Support Enforcement Division. It will allow the state to recover from the federal government a percentage of state funds spent in certain child support cases. If you authorize us to do so, the court plans to use these funds to establish a pro se center, located in the Anchorage courthouse but serving statewide needs, to provide further assistance to pro se litigants. In this center, litigants will be given information about court procedures, provided assistance in filling out court forms, and directed to appropriate offices and service providers, both within the court and within other agencies. People in locations outside of Anchorage will be able to access the services of the pro se center through the use of an "800" telephone number. With the assistance provided through the pro se center, we hope that coming to court will be less of a mystifying experience for those who choose to represent themselves. "
Facing international criminal charges
My Criminal Court Hearing is on May 19, 2005 at 9am. I haven't been told much about my situation yet except for everyone involved seems to think that in the greater scope of things, my "minor charges" are unimportant. My individual rights to defend myself against these charges are unclear. Although I was extremely upset by the arrest and the confusion surrounding the police actions against us, I am slowly finding my position to be most interesting.
First of all, I am all alone in my defense. I have two pieces of paper; one is my signed agreement and the other is my arrest citation. I asked the attorneys for a definition of Third Party Custodian and the law that defined it. I have recieved nothing from the officers of the court that explains my rights under these charges.
I am a 48 year old woman. I spent almost an entire month helping my friend take care of his children and going with him to his workplace so that he could make his mortgage ($2500 a mo), childcare (1200 a mo), feed his family and pay all the court ordered psychologists' bills. On top of his rigorous court mandated schedule for child exchanges, we also had an extremely difficult time maintaining any resemblence of normal life for his four children at home, or for my own daughter, since the abused "victim" aka ex-girlfriend harassed all of us (including the children), verbally abused me regularly, and called his business and home phones the entire time. She refuses to accept the fact that he does not love her and does not want to live with her. His contribution to the situation is he confused the issue by thinking it was a good idea to let her back into the children's lives because she's their mother, and then he continued sexual relations with her after dismissing her potential as a life partner. To him she is now a "whore problem." Their sex life is a frequent topic of the victims'. She told the court he makes her perform felatio before she's allowed to see her children. He says she calls begging for sex.
Hell hath no fury like a woman scorned, eh? The poor "victim" even called his 14 year old daughter's cell phone and harassed her when we quit answering the other lines. My friend is pretty much the biggest wimp I ever met when it comes to manipulative women; this is not the first scorned woman who's stalked him hoping to win back the nice house and the Lincoln. He's not perfect, he's a typical Alaskan man who works hard and since his beloved left him in 1988 he's chased a lot of loose women. I wasn't suprised by his occassional disparaging remarks to me about the victim's lack of character and mothering skills. Personally, I wanted him to be much more aggressive in his dealings with the "victim" but I kept my defensive feelings to myself throughout most of this ordeal. Now that I'm longer an "officer of the court" I know I must "give voice" to all women, men, and children plagued by violence in all its forms from uncredible victim-accusors, permitted by the state to act out abberant behaviors against anyone they choose under the Domestic Violence Act of 1994.
There are billions of dollars available in programs that support the "victim" of domestic violence. There is not one program in place to assist me in my role as the third party custodian who became a victim of the victim. For all legal intents and purposes, I was placed by the court in the most untenable position and made party to the court's imposition of unconstitutional excessive bail. I was not made fully aware of the fact that I was expected to forfeit my most basic individual rights. No wonder Judge Motika ridiculed me at the first hearing when I agreed to do it. He yelled at me from the bench during the trial call when the first Third Party was dismissed after admitting he was unable to keep the accusor from contacting and stalking the accused. The same judge sumarily dismissed me without ever once acknowledging my presence at the second bail hearing. Mike's attorney spoke for Mike; I was not allowed to defend myself and was allowed no representation in court. I basically became a persona non grata.
"If the police become involved because someone violates a criminal law, the police may arrest the offender if they find probable cause. The offender who is called the "defendant" must then appear before a judge who will decide whether to put him in jail and set a bail amount, release him to a third party custodian, or release him on his own recognizance (O.R.). The judge will require the defendant to comply with certain conditions if he is released, one of which might be to prohibit him from contacting the victim." From
How to Represent Yourself in Alaska's Domestic Violence Protective Order Process
There is another side to this whole scientific issue of "domestic violence." Not everyone believes the statistics used by the police, the feminist organizations or the legislature used to create innovative, new enforcement against domestic violence offenders. Some even call it "gender politics." The DV laws are enforced by communitarian COPS and are funded by the DOJ-COPS programs (which are all verifiably part of Etzioni's Communitarian Platform.) It's entirely possible that the whole DV Act is part of an international program to undermine U.S. Constituional Law.
For example see this paper from the 'Lectric Law Library's stacks,
The Feminist View Of Domestic Violence vs Scientific Studies By Sam and Bunny Sewell, Family Resources & Research *:
"This misunderstanding of the family violence issue is so pervasive
that city and county governments, the courts, law enforcement,
prosecutor’s offices, mental health clinics, and other tax supported
agencies are now funding programs based on gender politics rather than
responsible scientific studies." "There are more than 100 solid scientific studies that reveal a
startlingly different picture of family violence than what we usually
see in the media."
Mike Borman, the accused, is a 54 year old mechanic who's raised nine children. He has good relationships with all his kids and also with the mother of his 33 year old step-son who rebuilds engines at his shop. I met Mike when he was with Marianne and was a family friend and regular guest at their home for over 12 years. They broke up in 1988, and I have kept up with Mike's whereabouts through Marianne. I just returned to Anchorage a few months ago. I was unnaquainted with Mike's current situation until he asked me to be his Third Party. I understood my constant presence and monitoring was to ensure that he did not initiate any contact with his ex-girlfriend, Rachael Miller, who has accused him of a Domestic Assault.
Ms. Rachael Miller is the state's "victim." The Prosecutor and the Judge both insist it is entirely the accused fault that Ms. Miller calls the accused frequently. It is also the accused fault that Ms. Miller initiates physical and sight contact whenever and wherevever possible. Under the "new DV law," a man who has no convictions of any sort of domestic violence what-so-ever is fully at the mercy of a woman with a long criminal history that includes false accusations. Rachael Miller was in fact charged with assault against the accused last fall, as well as against her 16 year old son; neither crime has been fully prosecuted.
Rachael Miller is court ordered by a Superior Court Judge to refrain from any contact with Mike Borman. She is not allowed to call him, nor is she supposed to be present at their child exchanges. In the three 1/2 weeks that I was "assigned" by the court to monitor the accused I witnessed Rachael Miller in constant violation of the Superior Court Orders. Their two children are ages 3 and 4. Neither party is supposed to involve the children in their dispute. The four year old daughter is used by Ms. Miller to harrass the accused on a daily basis. The children call their dad's business phone, and once the accused answers it their mother takes over the phone. Mike handed me the phone every time she called. I usually told her to stop calling and hung up on her.
(ALASKA 11.41.260 - 1996. Stalking in the First Degree.
(a) A person commits the crime of stalking in the first degree if the person violates AS 11.41.270 and (1) the actions constituting the offense are in violation of an order issued or filed under AS 18.66.100 - 18.66.180 or issued under former AS 25.35.010(b) or 25.35.020;
(2) the actions constituting the offense are in violation of a condition of probation, release before trial, release after conviction, or parole;
(3) the victim is under 16 years of age;
(4) at any time during the course of conduct constituting the offense the defendant possessed a deadly weapon;
(5) the defendant has been previously convicted of a crime under this section, AS 11.41.270, or AS 11.56.740, or a law or ordinance of this or another jurisdiction with elements similar to a crime under this section, AS 11.41.270, or AS 11.56.740; or
(6) the defendant has been previously convicted of a crime, or an attempt or solicitation to commit a crime, under (A) AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, AS 11.56.810, AS 11.61.120, or (B) a law or an ordinance of this or another jurisdiction with elements similar to a crime, or an attempt or solicitation to commit a crime, under AS 11.41.100 - 11.41.250, 11.41.300 - 11.41.460, AS 11.56.810, or AS 11.61.120, involving the same victim as the present offense.
(b) In this section, "course of conduct" and "victim" have the meanings given in AS 11.41.270(b).
(c) Stalking in the first degree is a class C felony.
11.41.270 - 1993. Stalking in the Second Degree.
(a) A person commits the crime of stalking in the second degree if the person knowingly engages in a course of conduct that recklessly places another person in fear of death or physical injury, or in fear of the death or physical injury of a family member.
(b) In this section,
(1) "course of conduct" means repeated acts of nonconsensual contact involving the victim or a family member;
(2) "family member" means a
(A) spouse, child, grandchild, parent, grandparent, sibling, uncle, aunt, nephew, or niece, of the victim, whether related by blood, marriage, or adoption;
(B) person who lives, or has previously lived, in a spousal relationship with the victim;
(C) person who lives in the same household as the victim; or
(D) person who is a former spouse of the victim or is or has been in a dating, courtship, or engagement relationship with the victim;
(3) "nonconsensual contact" means any contact with another person that is initiated or continued without that person's consent, that is beyond the scope of the consent provided by that person, or that is in disregard of that person's expressed desire that the contact be avoided or discontinued; "nonconsensual contact" includes
(A) following or appearing within the sight of that person;
(B) approaching or confronting that person in a public place or on private property;
(C) appearing at the workplace or residence of that person;
(D) entering onto or remaining on property owned, leased, or occupied by that person;
(E) contacting that person by telephone;
(F) sending mail or electronic communications to that person;
(G) placing an object on, or delivering an object to, property owned, leased, or occupied by that person;
(4) "victim" means a person who is the target of a course of conduct.
(c) Stalking in the second degree is a class A misdemeanor.)
Initially I tried to be civil but was forced by Rachael's rudeness to become more and more abrubt. One day she changed her tactics, she cried and begged me to talk to her and to listen to "her side" of the story. So I tried to be fair and tried to listen. She pleaded with me to "tell Mike to take a plea and get the whole thing over with." She insisted that if he didn't plea bargain she was gonna catch us in violation of the Order for Release and we would both go to jail. When I told her I was court ordered not to relay messages to Mike, and that she knew this, she changed the subject to Mike's sex life. Most of what she told me was so innapropriate that I finally said in exasperation that I just could not stomach to hear any more about anyone's sex life, especially hers or Normas (another lovely ex). I had to hang up because Rachael would not stop babbling about Norma and Mike. Apparently Mike had ongoing sexual relationships with both women for many years, and he was married to Norma for about a year. The four year old daughter constantly asks where I and my daughter sleep and why we sleep in the accused bed (which we do not). Even though she is a sweet child who seems to enjoy my company, she regularly passes rude messages from her mother to me. Yesterday she took me by the hand into the bathroom and told me her mommy doesn't like me and that I better stop getting on the phone and interrupting her mommy's calls. I responded she was too beautiful and precious to get involved in such adult issues.
Norma also uses the "new" system to get what she wants from Mike. They share an 8 year old daughter of whom Mike also has full custody. Neither woman has proved to be a fit parent in the eyes of the Court. Norma has made as many (or more) false accusations against Mike as Rachael has. Although Norma is also court ordered from contatcing Mike, I saw Norma come by the shop almost every day and she also called him incessantly. While Norma does have the capability of acting as an adult, everytime I saw Rachael in person she became a spastic, exhibiting severely childish tantrum-like behavior. She "entertained" her young children by making puking gestures aimed at me. She screamed vile and illiterate teenager obscenities at me across the parking lot. This went on more than once at the church where we exchanged the kids, where Rachael was court ordered not to even be present. (I'm not a perfect person, I admit my response at the last encounter was to flip her the bird.) The children's attitudes are very different after they witness their mother's behavior towards me. It always takes hours to calm them down after a return from Rachaels' "care."
The Anchorage City Prosecutor knows Rachael calls Mike all the time. She laughed when I told her Rachael had called 20 times just on our way to the courthouse for my first day on the "job." The accused owns a profitable automotive repair and parts shop, and Rachael and Norma accuse him of everything from child sexual abuse to owning a chop shop (for which there was a SWAT raid). He has been assigned to have a Third Party Custodian in numerous Alaskan trials with these women, all of which went nowhere. None of the charges by these women have ever been substantiated, and the charges are always dropped. The Cops and the prosecutor know this, but according to Mike's legal team, local cops think the accused is just somehow lucky, and may have good lawyers but he is, regardless of the outcomes of his trials, still very "guilty." So, yesterday at his latest bail hearing, the Municipal Judge ordered Mike to not answer his business phone in order to stop the calls coming to him from Rachael. He also forbade alcohol consumption (which has never been an issue in this case). His third Third Party Custodian was given even more duties than I was asked to perform for the court, at my own expense.
My arrest: Last Thursday morning the accused got a call that the 4 year old needed to be at the psychiatrist's office at the last minute. We rushed to the pre-school and drove directly to the doctor's office. The child became unreasonable and refused to get out of the car. We chased her from the front to the back for several minutes. The accused finally coaxed her into his arms where she clung quietly. Everything matters in their custody case, especially deadlines. I too was under a deadline for submitting my story to the ADN Creative Writing Contest. I was working on my article on the fly. He raced with her into the building and up to the third floor. I admit I finished a couple edits on the article I was working on. I admit I was slow to enter the building and reluctantly shut down my laptop and was gathering up my bags just as Mike returned to the car. (Rachael Miller stole the paralegals' purse one time right out of her car outside the shop so I was overly cautious about leaving my computer, camera, etc.)
As it turned out, Rachael Miller was on the third floor because she was supposedly told the appointment was for her. As soon as the accused saw Rachael he asked for a back-way out and immediately left the building. As soon as Rachael saw the accused unaccompanied by me she ran to call the police. The police interviewed the child's docktor who testified she had seen me before and had not seen me in the building that day.When Mike was warned that the police were looking for him, he left his house with me in tow while he tried contacting his attorney via cellphone. We went to his son Toby's house (who I used to babysit when he was little). The police soon arrived back at Mikes' where Nordica had stayed behind with the kids. Nordica was harrassed and accused of lying when she said we were not there. The police then went house to house in Mike's neighborhood asking the neighbor's assistance in locating us. Mike called home and spoke to the officer in charge on his 14 year old daughter's cellphone. He promised to turn himself into the jail with his attorney on the following morning. Officer Kleinsmith of the APD refused this option. Next the officers went to Toby's home. At least four APD cars and several police officers surrounded the house. Toby refused to allow them inside but after they made Toby stand outside freezing for almost an hour Mike went outside and gave himself over for arrest. I still have not seen a copy of the warrant for my arrest, nor do I know if they even had one.
What is the Domestic Violence Act? It's International Communitarian Justice.
UNITED STATES REPONSE TO THE
UNITED NATIONS QUESTIONNAIRE: Implementing the Platform for Action 1995-2000 the U.S. response to UN questionnaire on the Implementation of the Beijing Platform for Action. "Since the 1995 UN Fourth World Conference on Women, the United States government has actively implemented policies, programs, and legislation in line with the Beijing Platform for Action. President Clinton established the President's Interagency Council on Women to ensure the implementation of the 12 areas of critical concern of the Platform for Action. First Lady Hillary Rodham Clinton serves as Honorary Chair of the Council, Secretary of State Madeleine K. Albright serves as Chair, and Secretary of Health and Human Services Donna Shalala serves as Immediate Past Chair. The Council consists of high-level representatives from federal agencies working within the government to develop policies and programs for the advancement of women and girls. The Council engages in public education and outreach to support the successful implementation of the Platform for Action and solicit the views of non-governmental organizations.
"The Council holds quarterly briefings for non-governmental organizations and interested individuals to discuss new activities, challenges, and solutions in relation to the Platform for Action. Government departments and agencies are looking towards developing long range changes in their programs and operations to ensure that the Platform goals are an integral part of the work that agencies perform. Non-governmental organizations continue to play an important role spurring government on as it develops plans to improve the lives of women and girls.
"Through the President's Interagency Council on Women and working groups set up by Council representatives, government agencies have analyzed their agencies' current and projected policies and programs and measured them against the goals of the Platform.
"The President's Interagency Council on Women created a report in May 1997 entitled America's Commitment: Federal Programs Benefiting Women and New Initiatives as follow-up to the UN Fourth World Conference on Women. This publication is an overview of U.S. federal programs benefiting women and girls, including many policies and programs that have long been in place and many new programs that have been implemented since the UN Women's Conference. It is structured to respond to each of the 12 areas of critical concern of the Platform. In 1998 and 1999, the Council produced updates to America's Commitment [1997-99 versions]. The United States will prepare a 2000 edition of America's Commitment to comprehensively catalogue progress made since 1995.
"While America's Commitment provides a comprehensive overview of the U.S. effort to implement the Platform, we would like to provide some highlights of trends, legislation, policies, and programs to demonstrate progress made."
The State Department- America's Commitment: Women 2000 with a Photo Gallery of March 30, 2000 event Celebrating America's Commitment to Women. Hilary Clinton, committed communitarian and DLC Third Way thinker was the Honorary Chair.
Declaration on the Elimination of Violence against Women United Nations' General Assembly resolution 48/104 of 20 December 1993. ".. Recognizing that violence against women is a manifestation of historically unequal power relations between men and women, which have led to domination over and discrimination against women by men and to the prevention of the full advancement of women, and that violence against women is one of the crucial social mechanisms by which women are forced into a subordinate position compared with men,.."
1. Condemn violence against women and refrain from invoking any custom, tradition or religious consideration to avoid their obligations with respect to its elimination as set out in the Declaration on the Elimination of Violence against Women;
2. Refrain from engaging in violence against women and exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons;
3. Enact and/or reinforce penal, civil, labour and administrative sanctions in domestic legislation to punish and redress the wrongs done to women and girls who are subjected to any form of violence, whether in the home, the workplace, the community or society;
4. Adopt and/or implement and periodically review and analyse legislation to ensure its effectiveness in eliminating violence against women, emphasizing the prevention of violence and the prosecution of offenders; take measures to ensure the protection of women subjected to violence, access to just and effective remedies, including compensation and indemnification and healing of victims, and rehabilitation of perpetrators;
5. Work actively to ratify and/or implement international human rights norms and instruments as they relate to violence against women, including those contained in the Universal Declaration of Human Rights, [21] the International Covenant on Civil and Political Rights, [13] the International Covenant on Economic, Social and Cultural Rights, [13]and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; [22]
6. Implement the Convention on the Elimination of All Forms of Discrimination against Women, taking into account general recommendation 19, adopted by the Committee on the Elimination of Discrimination against Women at its eleventh session; [23]
7. Promote an active and visible policy of mainstreaming a gender perspective in all policies and programmes related to violence against women; actively encourage, support and implement measures and programmes aimed at increasing the knowledge and understanding of the causes, consequences and mechanisms of violence against women among those responsible for implementing these policies, such as law enforcement officers, police personnel and judicial, medical and social workers, as well as those who deal with minority, migration and refugee issues, and develop strategies to ensure that the revictimization of women victims of violence does not occur because of gender-insensitive laws or judicial or enforcement practices;
8. Provide women who are subjected to violence with access to the mechanisms of justice and, as provided for by national legislation, to just and effective remedies for the harm they have suffered and inform women of their rights in seeking redress through such mechanisms;
The U.S. Domestic Violence Act of 1994 is directly connected to this internationally based communitarian plan of action. The communitarian goal is always to enact legislation and policy that brings about "social change." Marxist social change establishes international communitarian policies that eliminate individual rights under national constitutions.
"The American Domestic Violence Crisis Line is a national non-profit organization with an international outreach that gives hope and provides resources to abused American women and children living overseas. Our goal is to empower these women by helping them make independent decisions to take whatever steps necessary to stop the cycle of violence.
"Our domestic violence advocates are available on the international toll free domestic violence crisis line from 10:00pm to 6:00am, Pacific Standard Time, Monday night through Friday morning and Tuesdays and Thursdays from 9:00am to 1:00pm. We operate at night our time to enable our clients to contact us during daytime hours in their various time zones. From overseas, contact your local AT&T operator and ask to be connected to 866-USWOMEN. From within the USA, dial 1-866-USWOMEN."
Stop Violence Against Women at the Minnesota Advocates for Human Rights explains: "Domestic violence is a violation of women's human rights. Violence directed against women by their intimate partners (current or former spouses, boyfriends, dating partners) is an epidemic of global proportions that has devastating physical, emotional, financial and social effects on women, children, families and communities around the world.
"Although international human rights instruments and institutions have only recently acknowledged domestic violence as a human rights violation, the right to life and to bodily integrity are core fundamental rights that are protected under international law. One of the most significant obstacles to the recognition of domestic violence as a human rights violation was the belief that international human rights law did not apply to "private" harm. This belief was directly tied to prevailing theories of both domestic violence and international law."
International Criminal Investigative Training Assistance Program (ICITAP), Domestic Violence ICITAP Development Program: "As new democracies emerge, their police and criminal justice institutions are often faced with numerous obstacles in responding to and prosecuting domestic violence cases. Police, the first line of defense, often lack an understanding of the root causes and social dynamics of domestic violence. Additionally, the legal system may not provide the police with adequate tools to prevent and prosecute domestic violence. Indeed, based on cultural factors, the government may not even define acts of domestic violence as crimes. Moreover, there may be few community resources designed to help individuals in abusive relationships, because the community itself may view domestic violence as a private or civil matter, best left to the family to “work out.”
"The Department of Justice’s International Criminal Investigative Training Assistance Program (ICITAP) and the Office of Overseas Prosecutorial Development and Training (OPDAT) can assist host countries in combating the insidious problem of domestic violence by helping them to develop the legal frameworks and the operational capabilities necessary to prevent and prosecute cases of domestic violence, while ensuring the safety and dignity of victims."
THE DOMESTIC VIOLENCE ACT 1994 (Act 521) by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament.
"WomenWatch is a central gateway to information and resources on the promotion of gender equality and the empowerment of women throughout the United Nations system, including the United Nations Secretariat, regional commissions, funds, programmes, specialized agencies and academic and research institutions. It is a joint United Nations project created in March 1997 to provide Internet space for global gender equality issues and to support implementation of the 1995 Beijing Platform for Action. Since 1997 the intergovernmental mandate has expanded, for example through the outcome document of the Twenty-third special session of the General Assembly in June 2000 and Security Council resolution 1325 of October 2000. The website now also provides information on the outcomes of, as well as efforts to incorporate gender perspectives into follow-up to global conferences."
"Under the violence against women grant programs administered by the Department of Justice, the Office has awarded more than $1 billion in grant funds, making over 1,250 discretionary grants and over 350 STOP (Services, Training, Officers, Prosecutors) formula grants to the states and territories. These grant programs help state, tribal, and local governments and community-based agencies to train personnel, establish specialized domestic violence and sexual assault units, assist victims of violence, and hold perpetrators accountable. More than 6,500 STOP subgrants have supported community partnerships among police, prosecutors, victim advocates, and others to address violence against women." Both the above passages posted at the Alaska Women's Network
Implementation of Police Domestic Violence Policy by Carrie D. Longoria, Alaska Justice Forum 11(4), Winter 1995. Abstract: A report from the Anchorage SAFE City Program examining police response to domestic violence calls reveals that Anchorage Police Department (APD) has successfully implemented a domestic violence policy which treats such cases as criminal offenses and reflects consistent concern for victim safety. This article examines the implementation of APD's domestic violence policy in three areas: (1) arrest action; (2) evidence collection through the use of report forms; and (3) officer action in ensuring victim safety and distribution of victim resource information.
The Response of the Civil Justice System to Violence Against Women
The Department of Justice is developing a strategy to raise awareness of domestic and sexual violence issues in civil matters, provide training to civil justice system personnel, and improve coordination among different civil courts hearing matters involving the same family and between criminal and civil courts where domestic and sexual violence issues are present. [DEPARTMENT OF JUSTICE]
AWAIC teaches people to live and love together without violence. Everyone has the right to live in a fear-free environment. AWAIC offers safe shelter, information and referral, support and advocacy. Our operating principles value the dignity, respect, empowerment, and accountability of all individuals. We strive to provide clients a full range of choices for living and to empower all those affected by domestic violence to make positive decisions about their lives.
Grants to Encourage Arrest Policies and Enforcement of Protection Orders Grant Details: Grant Category: Domestic Violence/Crime Victimization. Amount: FY 03 est $64,925,000. Application Due Date: open date. Description: To implement mandatory arrest or proarrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations, as part of a coordinated community response to domestic violence; to develop policies, educational programs, and training programs in police departments to improve tracking of cases involving domestic violence and dating violence; to centralize and coordinate police enforcement, prosecution, probation, parole and/or judicial responsibility for domestic violence cases in groups or units of police officers, prosecutors, probation and parole officers, or judges; to coordinate computer tracking systems to ensure communication between police, prosecutors, parole and probation officers and both criminal and family courts; to strengthen legal advocacy service programs for victims of domestic violence and dating violence, including strengthening assistance to such victims in immigration matters; and to educate judges in criminal and other courts about domestic violence and to improve judicial handling of such cases; to provide technical assistance and computer and other equipment to police departments, prosecutors, courts, and tribal jurisdictions to facilitate the widespread enforcement of protection orders, including interstate enforcement, enforcement between States and tribal jurisdictions, and enforcement between tribal jurisdictions; and to develop or strengthen policies and training for police, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence and sexual assault against older individuals and individuals with disabilities. Organization Information: Organization: Violence Against Women Office (OJP/VAWO) Website: http://www.ojp.usdoj.gov/vawo/. Contact Information: Contact Name: Contact Email:
Contact Phone: (202) 307-6026 More Information:http://www.cfda.gov/static/16590.htm.
ANCHORAGE ALASKA COURT SYSTEM FY 2004 GRANTS TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF LAW ENFORCEMENT PROTECTION ORDERS 676,215 Law Enforcement 2004WEAX0013 Discretionary
ANCHORAGE ALASKA DEPARTMENT OF PUBLIC SAFETY EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE PROGRAM 2,105,433 Law Enforcement 2004DBBX0012 Formula
ANCHORAGE ALASKA DEPARTMENT OF PUBLIC SAFETY LOCAL LAW ENFORCEMENT BLOCK GRANTS PROGRAM 126,508 Law Enforcement 2004LBBX0825 Formula
ANCHORAGE ALASKA DEPARTMENT OF PUBLIC SAFETY - DIVISION OF A ALASKA'S INTEGRATED JUSTICE INFORMATION SYSTEMS 1,987,000 Law Enforcement 2002DDBX0001 Discretionary
ANCHORAGE ALASKA DEPARTMENT OF PUBLIC SAFETY - DIVISION OF A REDESIGN ALASKA PUBLIC SAFETY INFORMATION NETWORK 2,473,694 Law Enforcement 2004RGCXK007 Discretionary
ANCHORAGE ALASKA DEPARTMENT OF PUBLIC SAFETY - DIVISION OF A FY 2004 NATIONAL CRIMINAL HISTORY IMPROVEMENT PROGRAM (NCHIP) 384,000 Law Enforcement 2004RUBXK029 Discretionary
ANCHORAGE ALASKA DEPARTMENT OF PUBLIC SAFETY - SCIENTIFIC CR PAUL COVERDELL FORENSIC SCIENCE IMPROVEMENT GRANTS GRANT ANNOUNCEMENT FISCAL YEAR 2004 57,052 Law Enforcement 2004DNBX0189 Discretionary
ANCHORAGE ALASKA DEPARTMENT OF PUBLIC SAFETY - SCIENTIFIC CR DNA CAPACITY ENHANCEMENT PROGRAM FORMULA GRANT ANNOUNCEMENT, FY04 73,675 Law Enforcement 2004DNBXK063 Formula
ANCHORAGE ALASKA DEPARTMENT OF PUBLIC SAFETY - SCIENTIFIC CR FORENSIC CASEWORK DNA BACKLOG REDUCTION PROGRAM FORMULA GRANT ANNOUNCEMENT FY 2004 194,620 Law Enforcement 2004DNBXK136 Formula
ANCHORAGE ALASKA FEDERATION OF NATIVES UNDERAGE DRINKING PREVENTION PROGRAM 98,948 Juvenile Justice 2004AHFX0164 Discretionary
ANCHORAGE ALASKA GOVERNORS COUNCIL ON DISABILITIES AND SPECI EDUCATION AND TECHNICAL ASSISTANCE TO END VIOLENCE AGAINST WOMEN WITH DISABILITIES 344,879 Victims 2004FWAXK033 Discretionary
ANCHORAGE ALASKA NATIVE JUSTICE CENTER, INC. FY 2004 INDIAN ALCOHOL AND SUBSTANCE ABUSE PROGRAM 495,656 Substance Abuse 2004ACBX0008 Discretionary
ANCHORAGE ALASKA NATIVE JUSTICE CENTER, INC. ALTERNATIVES FOR JUSTICE 989,477 Law Enforcement 2004DDBX1200 Discretionary
ANCHORAGE ALASKA STATE TROOPERS RURAL ALCOHOL INTERDICTION INVESTIGATION AND PROSECUTION 1,088,425 Law Enforcement 2002DDBX0004 Discretionary
ANCHORAGE ALASKA STATE TROOPERS RURAL ALCOHOL INTERDICTION INVESTIGATION AND PROSECUTION 1,092,850 Law Enforcement 2002DDBX0004 Discretionary
ANCHORAGE ALASKA STATE TROOPERS FY 2004OJJDP CONGRESSIONAL EARNMARK PROGRAM 207,790 Law Enforcement 2002DDBX0071 Discretionary
ANCHORAGE ALASKA STATE TROOPERS ALASKA ILLEGAL DRUG AND ALCOHOL USE INITIATIVE 1,987,000 Law Enforcement 2003DDBX0001 Discretionary
ANCHORAGE ALASKA STATE TROOPERS OTHER-TECH 1,978,955 Law Enforcement 2004CKWX0300 Discretionary
ANCHORAGE ALASKA STATE TROOPERS PPSEGRANT 742,108 Law Enforcement 2004CKWX0378 Discretionary
ANCHORAGE ALASKA STATE TROOPERS ALASKA STATE TROOPERS ACADEMY DRIVING COURSE 643,160 Law Enforcement 2004DDBX1207 Discretionary
ANCHORAGE ALASKA STATE TROOPERS FY 2003 PROJECT SAFE NEIGHBORHOODS 232,197 Law Enforcement 2004GPCX0571 Discretionary
ANCHORAGE ALASKA STATE TROOPERS FY 2003 PROJECT SAFE NEIGHBORHOODS 285,000 Law Enforcement 2004GPCX0571 Discretionary
ANCHORAGE ANCHORAGE POLICE DEPARTMENT COPS 3 PERCENT 97,000 Law Enforcement 2004CKWX0440 Discretionary
ANCHORAGE ANCHORAGE POLICE DEPARTMENT INTEROP 3,236,382 Law Enforcement 2004INWX0002 Discretionary
ANCHORAGE ANCHORAGE POLICE DEPARTMENT CIS 500,000 Law Enforcement 2004SHWX0136 Discretionary
ANCHORAGE ANCHORAGE, MUNICIPALITY OF RESPONSE TO ILLEGAL DRUGS AND ALCOHOL USE FOR HOMELESS VETERANS 1,978,955 Law Enforcement 2004DDBX1181 Discretionary
ANCHORAGE ANCHORAGE, MUNICIPALITY OF MUNICIPALITY OF ANCHORAGE SEXUAL RESPONSE ASSAULT TEAM RAPE PROJECT 1,978,955 Law Enforcement 2004DDBX1454 Discretionary
ANCHORAGE CHUGACHMIUT FY 04 SEX OFFENDER MANAGEMENT DISCRETIONARY 241,484 Law Enforcement 2004WPBX0009 Discretionary
ANCHORAGE HOLY CROSS TRIBAL COUNCIL TRGP-E/T 27,538 Law Enforcement 2004HEWX0003 Discretionary
ANCHORAGE MUNICIPALITY OF ANCHORAGE Local Law Enforcement Block Grants Program 128,175 Law Enforcement 2004LBBX0190 Formula
ANCHORAGE PARTNERS FOR PROGRESS ALASKA THERAPEUTIC JUSTICE PROGRAM 247,369 Law Enforcement 2002DDBX0038 Discretionary
ANCHORAGE STANDING TOGETHER AGAINST RAPE, INC. RURAL DOMESTIC VIOLENCE 499,000 Law Enforcement 2004WRAX0076 Discretionary
ANCHORAGE THE FORAKER GROUP FY 2004 OJJDP CONGRESSIONAL EARMARK PROGRAM 742,088 Juvenile Justice 2003JGFX0027 Discretionary
ANCHORAGE UNITED WAY OF ANCHORAGE WEED AND SEED PROGRAM SUPPORT GRANTS 50,000 Community Based 2004WSQ40259 Discretionary
ANCHORAGE UNIVERSITY OF ALASKA - ANCHORAGE FY 2004 STATE JUSTICE STATISTICS PROGRAM FOR STATISTICAL ANALYSIS CENTERS 49,943 Law Enforcement 2004BJCXK017 Discretionary
ANCHORAGE UNIVERSITY OF ALASKA - ANCHORAGE VAW SEXUAL VIOLENCE 152,087 Law Enforcement 2004WGBX0003 Discretionary
Alaska's Public Record's Law.
Unlike the F.O.I.A. or WA State RCW, I cannot find a specific public records' law for the State of Alaska.
AS 40.25.122. Litigation Disclosure.
A public record that is subject to disclosure and copying under AS 40.25.110 - 40.25.120 remains a public record subject to disclosure and copying even if the record is used for, included in, or relevant to litigation, including law enforcement proceedings, involving a public agency, except that with respect to a person involved in litigation, the records sought shall be disclosed in accordance with the rules of procedure applicable in a court or an administrative adjudication. In this section, "involved in litigation" means a party to litigation or representing a party to litigation, including obtaining public records for the party.
6) "record" means any document, paper, book, letter, drawing, map, plat, photo, photographic file, motion picture film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, electronic record, or other document of any other material, regardless of physical form or characteristic, developed or received under law or in connection with the transaction of official business and preserved or appropriate for preservation by an agency or a political subdivision, as evidence of the organization, function, policies, decisions, procedures, operations, or other activities of the state or political subdivision or because of the informational value in them; the term does not include library and museum material developed or acquired and preserved solely for reference, historical, or exhibition purposes, extra copies of documents preserved solely for convenience of reference, or stocks of publications and processed documents;
(7) "records center" means a records depository in the department for the storage and disposition of noncurrent records;
(8) "state record" means a record of a department, office, commission, board, public corporation, or other agency of the state government, including a record of the legislature or a court and any other record designated or treated as a public record under state law.
AS 40.25.120. Public Records; Exceptions; Certified Copies.
(a) Every person has a right to inspect a public record in the state, including public records in recorders' offices, except
(1) records of vital statistics and adoption proceedings, which shall be treated in the manner required by AS 18.50;
(2) records pertaining to juveniles unless disclosure is authorized by law;
(3) medical and related public health records;
(4) records required to be kept confidential by a federal law or regulation or by state law;
(5) to the extent the records are required to be kept confidential under 20 U.S.C. 1232g and the regulations adopted under 20 U.S.C. 1232g in order to secure or retain federal assistance;
(6) records or information compiled for law enforcement purposes, but only to the extent that the production of the law enforcement records or information
(A) could reasonably be expected to interfere with enforcement proceedings;
(B) would deprive a person of a right to a fair trial or an impartial adjudication;
(C) could reasonably be expected to constitute an unwarranted invasion of the personal privacy of a suspect, defendant, victim, or witness;
(D) could reasonably be expected to disclose the identity of a confidential source;
(E) would disclose confidential techniques and procedures for law enforcement investigations or prosecutions;
(F) would disclose guidelines for law enforcement investigations or prosecutions if the disclosure could reasonably be expected to risk circumvention of the law; or
(G) could reasonably be expected to endanger the life or physical safety of an individual;
This constitution is dedicated to the principles that all persons have a natural right to life, liberty, the pursuit of happiness, and the enjoyment of the rewards of their own industry; that all persons are equal and entitled to equal rights, opportunities, and protection under the law; and that all persons have corresponding obligations to the people and to the State.
§ 2. Source of Government
All political power is inherent in the people. All government originates with the people, is founded upon their will only, and is instituted solely for the good of the people as a whole. (Where is protect and maintain individual rights?)
§ 11. Rights of Accused
In all criminal prosecutions, the accused shall have the right to a speedy and public trial, by an impartial jury of twelve, except that the legislature may provide for a jury of not more than twelve nor less than six in courts not of record. The accused is entitled to be informed of the nature and cause of the accusation; to be released on bail, except for capital offenses when the proof is evident or the presumption great; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
§ 12. Criminal Administration
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Criminal administration shall be based upon the following: the need for protecting the public, community condemnation of the offender, the rights of victims of crimes, restitution from the offender, and the principle of reformation. [Amended 1994]
§ 24. Rights of Crime Victims
Crime victims, as defined by law, shall have the following rights as provided by law: the right to be reasonably protected from the accused through the imposition of appropriate bail or conditions of release by the court; the right to confer with the prosecution; the right to be treated with dignity, respect, and fairness during all phases of the criminal and juvenile justice process; the right to timely disposition of the case following the arrest of the accused; the right to obtain information about and be allowed to be present at all criminal or juvenile proceedings where the accused has the right to be present; the right to be allowed to be heard, upon request, at sentencing, before or after conviction or juvenile adjudication, and at any proceeding where the accused's release from custody is considered; the right to restitution from the accused; and the right to be informed, upon request, of the accused's escape or release from custody before or after conviction or juvenile adjudication. [Amended 1994]
Does Section 24 negate my rights in favor of Rachael Miller who represnts the "community at large?"