This is that wonderful time of the week where I do my best to explain something to you that I don't know too much about. This week I am talking of course about probate court. What is it? Why is it important? Why should I care? Well I don't know the answer to any of these questions right now, so work with me. Here is one definition I found on Google.
"A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called "surrogate court" in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate."
(http://www.nolo.com/definition.cfm/Term/50CD84AF-3723-4A94-8639E92A63253990/alpha/P/)
Here's another:
"The court that deals with adoptions, estates, wills, trusts, guardianships, conservatorships and civil commitments."
(http://www.oberholtzerlaw.com/legterm.htm)
OK so I think we have a pretty good idea of what's going on here. Probate court is a place where very important things about peoples lives are decided. The main purpose of this court is to handle a dead person's estate. They will examine the contents of a person's will, or if they die intestate, or without a will, they figure out what to do with the dead guy's stuff. These probate judges must have a ton of power right. They step in on issues that can not be resolved in any other way. Dead people cannot quite vocalize where they want their assets to go, and disputes over children usually get very messy and cannot be easily solved by the parties involved. This type of court is very important because these issues are very important. Many judges merely keep courtroom order and handout sentences. These judges literally take peoples lives in their hands on a daily basis. They must have the utmost integrity because questionable people with such power can do very bad things. I'll leave you with the mission statement from the Massachussetts Probate Court, to show you what they're going for.
" To deliver timely justice to the public by providing equal access to a fair, equitable and efficient forum to resolve family and probate legal matters and to assist and protect all individuals, families and children in an impartial and respectful manner."
Friday, November 14, 2008
Thursday, November 6, 2008
The Next President of the United States of America, Barack Obama
WOW.
I am not one to sit here and tell you that change is coming. I have no idea if change is coming. I'm pretty sure Obama himself isn't too sure if change is really coming. I think one thing that people really need to understand is that fresh blood in the oval office and a new, blue congress will not be able to collectively snap their fingers and fix a badly broken economy.
Both of the speeches that were made on Tuesday night were absolutely amazing. I must admit that I was a little disappointed that the race wasn't a little closer, because spoken like a true sports fan, there's nothing like watching it come right down to the wire. It was the speeches, from both candidates, that made the night worthwhile. I was so impressed with the speech that John McCain delivered Tuesday night. One aspect of the campaign that bothered me a lot was when Obama supporters started to label John McCain as evil. I understand that millions of people believed in Barack Obama, but bringing it to that level was, in my opinion, very wrong. John McCain is truly an American hero, and he is a man that we should all give our utmost respect to. He urged his party members in that quiet hall, and across the nation, that now is the time to unify as Americans, under the leadership of Barack Obama. John McCain's speech Tuesday night was one of my favorites ever.
John McCain held a small "victory" party in Arizona to "thank all of this best supporters." As my good friend Jeremy, who I was watching this with while working at D.P. Dough put it, "The dude who throws the best party always wins." And damn, was he right about that. Millions of people were in Chicago to catch a glimpse of the new President-elect. To be totally honest, I wish I was there. I will always remember watching that speech Tuesday night, on that little TV in the corner of the store. Chills ran up and down my spine with each Yes We Can. Now, keep in mind, I am a sucker for this kind of thing. That is really why I am so excited about Obama as president. I already have January 20th, 2009 marked off in my date book for his inauguration speech.
Barack Obama is not our savior. He is a man, just like you or I. I want to urge anyone who reads this blog that we must stand behind him through bad times as well as good. He is our man now, for the next four years at least.
For the past eight or so months we have been a nation of reds and blues. Now we must move forward, united under the red, white, and blue. I have always believed in the greatness of America, and now it is facing one of its toughest challenges ever. I gave him my vote, and now I am willing to put all my faith in Barack Obama to lead us back to the nation we all know we can be.
Sunday, November 2, 2008
Rockefeller Drug Laws
Way back in the spring of 1973, New York State Legislators passed a set of very strict laws to wage war on drugs. These laws are commonly referred to as the "Rockefeller Drug Laws", named after Governor Nelson Rockefeller. These laws were created to severely punish the people who were dealing large amounts of drugs, and contributing to the growing decay of society. These laws made the possession of a fairly decent amount of narcotics have the same penalty for a second degree murder. Up to 25 years in prison! These laws also made the punishments for very small amounts of drugs very strict, usually including jailtime. These were the people who were getting arrested under these laws, not the so called "kingpins". The Rockefeller laws gave New York the toughest drug laws in the nation. Oh great that will cure New York's drug problem, phew. This acts as a deterrent and nobody does drugs anymore. Glad that's settled.
Come on, you didn't believe me did you? You know what these laws have led to?
"As of 2008, approximately 14,000 people are locked up for drug offenses in New York State prisons, representing nearly 38% of the prison population and costing New Yorkers hundreds of millions of dollars every year."
(http://www.drugpolicy.org/statebystate/newyork/rockefellerd/)
Hundreds of millions of dollars. Every Year. Good use of tax money? I don't personally think so.
These laws take all discretion away from judges. The law states that it is the what drug was possessed, and how much of it, that dictates the penalty for the crime. This meant that any first time offender could face the same penalty than a dealer or life long junkie. No matter how you feel about drugs, you can't possibly think that's fair.
"The Rockefeller Drug Laws restrict the ability of judges to divert people using drugs into community-based programs, like drug treatment, which has proven to be far more effective and cheaper than prison at reducing drug use and abuse. Mandatory minimums give prosecutors unbalanced power over people charged with drug offenses. Unlike decisions made by judges, prosecutors' decisions under mandatory minimum sentencing structures are not subject to judicial oversight.
(http://www.drugpolicy.org/statebystate/newyork/rockefellerd/)
Come on, really!? Restricts the ability of judges to divert people to community based programs.
Oh here's Johnny Firstoffense. He has never been arrested before. His father and mother were brutally murdered last fall. Johnny became deeply depressed and started to use heroin. Johnny was arrested for possession of a very large amount of heroin. Well, because of good ol' Nelly Rockefeller I can't try and help this poor kid by sending him to therapy or rehab. What the hell, 25 years in the slammer will straighten him out right?
Wrong. Johnny Firstoffense becomes Johnny Hardenedcriminal after about three months in prison. When he is released, if he ever is, he will not be able to get a job, or ever get his life back on track. He will most likely become a junkie again his first day back on the street.
Drugs are bad. Period. These laws though, are worse. There are a lot of reasons that people do drugs, and taking away the discretion of a judge is downright un-American. Drug users need to be treated, and assimilated back into society, not just thrown into jail.
Come on, you didn't believe me did you? You know what these laws have led to?
"As of 2008, approximately 14,000 people are locked up for drug offenses in New York State prisons, representing nearly 38% of the prison population and costing New Yorkers hundreds of millions of dollars every year."
(http://www.drugpolicy.org/statebystate/newyork/rockefellerd/)
Hundreds of millions of dollars. Every Year. Good use of tax money? I don't personally think so.
These laws take all discretion away from judges. The law states that it is the what drug was possessed, and how much of it, that dictates the penalty for the crime. This meant that any first time offender could face the same penalty than a dealer or life long junkie. No matter how you feel about drugs, you can't possibly think that's fair.
"The Rockefeller Drug Laws restrict the ability of judges to divert people using drugs into community-based programs, like drug treatment, which has proven to be far more effective and cheaper than prison at reducing drug use and abuse. Mandatory minimums give prosecutors unbalanced power over people charged with drug offenses. Unlike decisions made by judges, prosecutors' decisions under mandatory minimum sentencing structures are not subject to judicial oversight.
(http://www.drugpolicy.org/statebystate/newyork/rockefellerd/)
Come on, really!? Restricts the ability of judges to divert people to community based programs.
Oh here's Johnny Firstoffense. He has never been arrested before. His father and mother were brutally murdered last fall. Johnny became deeply depressed and started to use heroin. Johnny was arrested for possession of a very large amount of heroin. Well, because of good ol' Nelly Rockefeller I can't try and help this poor kid by sending him to therapy or rehab. What the hell, 25 years in the slammer will straighten him out right?
Wrong. Johnny Firstoffense becomes Johnny Hardenedcriminal after about three months in prison. When he is released, if he ever is, he will not be able to get a job, or ever get his life back on track. He will most likely become a junkie again his first day back on the street.
Drugs are bad. Period. These laws though, are worse. There are a lot of reasons that people do drugs, and taking away the discretion of a judge is downright un-American. Drug users need to be treated, and assimilated back into society, not just thrown into jail.
(picture: South Park, Comedy Central...come on you've seen it before)
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