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September 6, 2010
GARY GRANILLO, PETITIONER,v.KEN CLARK, RESPONDENT.
[Doc. 1]
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
I. BACKGROUND*fn1
Petitioner is currently in the custody of the California Department of Corrections and Rehabilitation (CDCR) following his 1980 conviction in Tulare County Superior Court for second degree murder with use of a deadly weapon. (Pet. at 2, ECF No. 1.) Petitioner was sentenced to sixteen years to life. (Id.)
In the instant petition, Petitioner does not challenge the validity of his conviction; rather, he challenges the Board of Parole Hearings' (Board) April 24, 2007 decision finding him unsuitable for release on parole. Petitioner claims that his due process rights were violated because the Board's decision was not supported by evidence.
On May 15, 2008, Petitioner filed a state petition for writ of habeas corpus in the Tulare County superior Court challenging the Board's 2007 decision. (Answer, Ex. 1, ECF No. 12-1.) On June 5, 2008, the Superior Court denied the petition. (Answer, Ex. 2, ECF No. 12-6.) On June 14, 2008, Petitioner filed a state petition with the California Court of Appeals, Fifth Appellate District. (Answer, Ex. 5, ECF No. 12-12.) The petition was denied on September 4, 2008. (Id.) Finally, Petitioner also filed a petition with the Supreme Court of California on September 9, 2008, and it was denied on October 29, 2008. (Id.)
Petitioner filed the instant petition for writ of habeas corpus on January 28, 2009. Respondent filed an answer to the petition on December 9, 2009, and Petitioner filed a traverse on February 1, 2010.
II. STATEMENT OF FACTS*fn2
On September 6, 1980, Visalia Police were dispatched to the area of 632 East Douglas, Visalia, regarding an assault. Upon arrival of Officer Henyon, he noticed a male Mexican adult lying in front of the step in the doorway at 632 East Douglas. The subject appeared to have multiple stab wounds in all areas of his upper body, with many being superficial and a number of wounds entered the body cavity up to three inches, causing significant damage. The death was caused by hyperbolemic shock due to multiple stab wounds. Additionally, the left lung, coupled with lacerations to the heart, contributed significantly to the death. The investigation into the murder continued on August 13, 1984. Johnny Arnillias, age 24, provided a statement to the police regarding the crime. Arnillias indicated that he was at the residence of Connie Granillo, 1515 Northwest First Street, Visalia, California, on the evening of September 6, 1980. He indicates that Pisinelo "Peaches" Mendoza came to the residence at approximately 9:00 p.m. Mendoza came to the residence to see Connie, as she was the mother of his two children and he was her ex-boyfriend. Also present at the time was Freddie Sadillo. While at the Granillo residence, a conversation between Mendoza, Arnillas and Sadillo centered around the fact that Mendoza wanted protection from the brothers of Connie Granillo. Mendoza wanted Arnillas to talk to the Granillos and ask them to leave him alone. It would appear that Mendoza was being assaulted every time he was seen by the Granillo brothers. While Mendoza and Arnilla were talking, Sadillo left. Shortly thereafter Mendoza thought he heard a noise inside the residence. Mendoza checked the residence, but located no one. Upon returning to the porch of the residence, Gary Granillo suddenly appeared from the residence, stabbing Mendoza. Mendoza then began running from the area with Gary Granillo and his brothers, Daniel and Frank Ruiz in pursuit. Arnillas indicates that he and Sadilla followed to see what happened as they approached the area of Soroptimist Park in Visalia. Arnillas indicated that he observed that Mendoza had been caught by the three subjects and that Gary Granillo and Frank Ruiz were stabbing Mendoza. While Mendoza was being stabbed by Gary Granillo and Frank Ruiz, Daniel Granillo was kicking and stomping him. At this time, a vehicle driven by Debra Sims pulled up. The vehicle belonged to Gary Granillo, the vehicle she was driving in. Everybody including Arnillas and Sadillo, jumped in the vehicle and fled.
A. Standard of Habeas Corpus Review
On April 24, 1996, Congress enacted the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), which applies to all petitions for writ of habeas corpus filed after its enactment. Lindh v. Murphy, 521 U.S. 320, 326, 117 S.Ct. 2059, 138 L.Ed. 2d 481 (1997); Jeffries v. Wood, 114 F.3d 1484, 1499 (9th Cir. 1997). The instant petition was filed after the enactment of the AEDPA; thus, it is governed by its provisions.
Petitioner is in custody of the CDCR pursuant to a state court judgment. Even though Petitioner is not challenging the underlying state court conviction, 28 U.S.C. § 2254 remains the exclusive vehicle for his habeas petition because he meets the threshold requirement of being in custody pursuant to a state court judgment. Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1126-1127 (9th Cir. 2006), overruled on other grounds by Hayward v. Marshall, 603 F.3d 546, 555 (9th Cir. 2010), and citing White v. Lambert, 370 F.3d 1002, 1009-10 (9th Cir. 2004) ("Section 2254 'is the exclusive vehicle for a habeas petition by a state prisoner in custody pursuant to a state court judgment, even when the petition is not challenging his underlying state court conviction.'").
Under the AEDPA, an application for a writ of habeas corpus by a person in custody under a judgment of a state court may be granted only for violations of the Constitution or laws of the United States. 28 U.S.C. § 2254(a); Williams v. Taylor, 529 U.S. 362, 375 n. 7, 120 S.Ct. 1495, 146 L.Ed. 2d 389 (2000). Federal habeas corpus relief is available for any claim decided on the merits in state court proceedings if the state court's adjudication of the claim:
(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States; or
(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.
28 U.S.C. § 2254(d); see Lockyer v. Andrade, 538 U.S. 63, 70-71, 123 S.Ct. 1166, 155 L.Ed. 2d 144 (2003). Accordingly, Petitioner bears the burden of demonstrating that the state court's decision was either contrary to or an unreasonable application of federal law Woodford v. Visciotti, 537 U.S. 19, 24, 123 S.Ct. 357, 154 L.Ed. 2d 279 (2002); Baylor v. Estelle, 94 F.3d 1321, 1325 (9th Cir. 1996). Although "AEDPA does not require a federal habeas court to adopt any one methodology," there are certain principles which guide its application. Lockyer, 538 U.S. at 71.
First, the AEDPA establishes a "highly deferential standard for evaluating state-court rulings." Woodford, 537 U.S. at 24. Determinations of factual issues made by state courts are presumed to be correct. 28 U.S.C. § 2254(e)(1). Accordingly, when assessing whether the law applied to a particular claim by a state court was contrary to or an unreasonable application of "clearly established federal law," a federal court must review the last reasoned state court decision. Robinson v. Ignacio, 360 F.3d 1044, 1055 (9th Cir. 2004); Avila v. Galaza, 297 F.3d 911, 918 (9th Cir. 2002). If a state court summarily denies a claim, the court "looks through" the summary disposition to the last reasoned decision. Shackleford v. Hubbard, 234 F.3d 1072, 1079 n. 2 (9th Cir. 2000); Ylst v. Nunnemaker, 501 U.S. 797, 803, 111 S.Ct. 2590 (1991), 115 L.Ed. 2d 706 (1991). Conversely, de novo review, rather than AEDPA's deferential standard, is applicable to a claim that the state court did not reach on the merits. Lewis v. Mayle, 391 F.3d 989, 996 (9th Cir. 2004); Nulph v. Cook, 333 F.3d 1052, 1056 (9th Cir. 2003).
Second, the court must ascertain whether relevant federal law was "clearly established" at the time of the state court's decision. To make this determination, the Court may only consider the holdings, as opposed to dicta, of the U.S. Supreme Court. See Williams v. Taylor, 529 U.S. at 412. In this context, Ninth Circuit precedent remains persuasive but not binding authority for purposes of determining whether a state court decision is an unreasonable application of Supreme Court Law. See Clark v. Murphy, 331 F.3d 1062, 1069 (9th Cir. 2003).
Third, the "contrary to" and "unreasonable application" clauses of § 2254(d)(1) have "independent meanings." Bell v. Cone, 535 U.S. 685, 694, 122 S.Ct. 1843, 152 L.Ed. 2d 914 (2002). Under the "contrary to" clause, a federal court may grant a writ of habeas corpus only if the state court arrives at a conclusion opposite to that reached by the Supreme Court on a question of law, or if the state court decides the case differently than the Supreme Court has on a set of materially indistinguishable facts. Williams, 529 U.S. at 405. It is not necessary for the state court to cite or even to be aware of the controlling federal authorities "so long as neither the reasoning nor the result of the state-court decision contradicts them." Early v. Packer, 537 U.S. 3, 8, 123 S.Ct. 362, 154 L.Ed. 2d 263 (2002).
Under the "unreasonable application" clause, the court may grant relief "if the state court correctly identifies the governing legal principle.but unreasonably applies it to the facts of the particular case." Bell, 535 U.S. at 694; Williams, 529 U.S. at 407-08. As the Supreme Court has emphasized, a court may not issue the writ "simply because that court concludes in its independent judgment that the relevant state-court decision applied clearly established federal law erroneously or incorrectly." Williams, 529 U.S. at 411. Thus, the focus is on "whether the state court's application of clearly established federal law is objectively unreasonable." Bell, 535 U.S. at 694.
B. Application of Due Process to California Parole
The Due Process Clause of the Fourteenth Amendment to the United States Constitution prohibits state action that "deprive[s] a person of life, liberty or property without due process of law." U.S. CONST. amend. XIV, § 2. A person alleging a due process violation must demonstrate that he or she was deprived of a protected liberty or property interest, and then show that the procedures attendant upon the deprivation were not constitutionally sufficient. Ky. Dep't Of Corrs. v. Thompson, 490 U.S. 454, 459-60, 109 S.Ct. 1904, 104 L.Ed. 2d 506 (1989); McQuillion v. Duncan, 306 F.3d 895, 900 (9th Cir. 2002). A protected liberty interest may arise from either the Due Process Clause itself or from state laws. Bd. of Pardons v. Allen, 482 U.S. 369, 373, 107 S.Ct. 2415, 96 L.Ed. 2d 303 (1987). In the context of parole, the United States Constitution does not, in and of itself, create a protected liberty interest in the receipt of a parole date, even one that has been set. Jago v. Van Curen, 454 U.S. 14, 17-21, 102 S.Ct. 31, 70 L.Ed. 2d 13 (1981). However, when a state's statutory parole scheme uses mandatory language, it "'creates a presumption that parole release will be granted' when or unless certain designated findings are made, thereby giving rise to a constitutional liberty interest." McQuillan, 306 F.3d at 901 (quoting Greenholtz v. Inmates of Neb. Penal, 442 U.S. 1, 12, 99 S.Ct. 2100, 60 L.Ed. 2d 668 (1979)).
Under California law, prisoners serving indeterminate prison sentences "may serve up to life in prison, but they become eligible for parole consideration after serving minimum terms of confinement." In re Dannenberg, 34 Cal.4th 1061, 1078, 23 Cal. Rptr. 3d 417, 104 P.3d 783 (2005). Generally, one year prior to an inmate's minimum eligible parole release date, the Board will conduct a hearing to determine an inmate's parole release date "in a manner that will provide uniform terms for offenses of similar gravity and magnitude in respect to their threat to the public." In re Lawrence, 44 Cal.4th 1181, 1202, 82 Cal. Rptr. 3d 169, 190 P.3d 535 (2008) (citing Cal. Penal Code § 3041(a)). The Board "shall set a release date unless it determines that the gravity of the current convicted offense or offenses, or the timing and gravity of current or past convicted offense or offenses, is such that consideration of the public safety requires a more lengthy period of incarceration.." Id.; Cal. Penal Code § 3041(b). California state prisoners who have been sentenced to prison with the possibility of parole, therefore, have a clearly established, constitutionally protected liberty interest in receipt of a parole release date. Allen, 482 U.S. at 377-78 (quoting Greenholtz, 442 U.S. at 12); Irons v. Carey, 505 F.3d 846, 850-51 (9th Cir. 2007) (citing Sass v. Cal. Bd. of Prison Terms, 461 F.3d 1123, 1128 (9th Cir. 2006)).
During a parole proceeding, it is well established that inmates are not guaranteed the "full panoply of rights" afforded to criminal defendants under the Due Process Clause. See Pedro v. Or. Parole Bd., 825 F.2d 1396, 1398-99 (9th Cir. 1987). Nonetheless, inmates are afforded limited procedural protections. The Supreme Court has held that a parole board, at minimum, must give an inmate the opportunity to be heard and a decision informing him of the reasons he did not qualify for parole. Hayward, 603 F.3d at 560. (quoting Greenholtz, 442 U.S. at 16). In addition, as a matter of state constitutional law, denial of parole to California inmates must be supported by "some evidence" demonstrating future dangerousness. Id. at 562 (citing In re Rosenkrantz, 29 Cal. 4th 616, 128 Cal. Rptr. 2d 104, 59 P.3d 174 (2002)); see also In re Lawrence, 44 Cal.4th 1181, 1191, 82 Cal. Rptr. 3d 169, 190 P.3d 535 (2008) (recognizing the denial of parole must be supported by "some evidence" that an inmate "poses a current risk to public safety"); In re Shaputis, 44 Cal.4th 1241, 1254, 82 Cal. Rptr. 3d 213, 190 P.3d 573 (2008) (same). "California's 'some evidence' requirement is a component of the liberty interest created by the parole system of [the] state," and compliance with this evidentiary standard is, therefore, mandated by the federal Due Process Clause. Cooke v. Solis, 606 F.3d 1206, 1213 (9th Cir. 2010), Pearson v. Muntz, 606 F.3d 606, 610-11(9th Cir. 2010). Thus, a federal court undertaking review of a "California judicial decision approving the.decision rejecting parole" must determine whether the state court's decision "was an 'unreasonable application' of the California 'some evidence' requirement, or was 'based on an unreasonable determination of the facts in light of the evidence.'" Hayward, 603 F.3d at 562-63 (quoting 28 U.S.C. § 2254(d)(2)).
C. California Law Regarding Parole
A court's "some evidence" analysis "is shaped by the state regulatory, statutory, and constitutional law that governs parole suitability determinations in California. Pirtle v. Cal. Bd. of Prison Terms, No. 07-16097, slip op., 2010 U.S. App. LEXIS 14205, *11 (9th Cir. July 12, 2010). In California, the Board of Parole Hearings' determination of whether an inmate is suitable for parole is controlled by the following regulations:
(a) General. The panel shall first determine whether the life prisoner is suitable for release on parole. Regardless of the length of time served, a life prisoner shall be found unsuitable for a denied parole if in the judgment of the panel the prisoner will pose an unreasonable risk of danger to society if released from prison.
(b) Information Considered. All relevant, reliable information available to the panel shall be considered in determining suitability for parole. Such information shall include the circumstances of the prisoner's social history; past and present mental state; past criminal history, including involvement in other criminal misconduct which is reliably documented; the base and other commitment offenses, including behavior before, during and after the crime; past and present attitude toward the crime; any conditions of treatment or control, including the use of special conditions under which the prisoner may safely be released to the community; and any other information which bears on the prisoner's suitability for release. Circumstances which taken alone may not firmly establish unsuitability for parole may contribute to a pattern which results in a finding of unsuitability.
Cal. Code Regs. tit. 15, §§ 2281(a)-(b), 2402, 2422, 2432. Section 2281(c) sets forth circumstances tending to demonstrate unsuitability for release. "Circumstances tending to indicate unsuitability include:
(1) Commitment Offense. The prisoner committed the offense in an especially heinous, atrocious or cruel manner. The factors to be considered include:
(A) Multiple victims were attacked, injured or killed in the same or separate incidents.
(B) The offense was carried out in a dispassionate and calculated manner, such as an execution-style murder.
(C) The victim was abused, defiled or mutilated during or after the offense.
(D) The offense was carried out in a manner which demonstrates an exceptionally callous disregard for human suffering.
(E) The motive for the crime is inexplicable or very trivial in relation to the offense.
(2) Previous Record of Violence. The prisoner on previous occasions inflicted or attempted to inflict serious injury on a victim, particularly if the prisoner demonstrated serious assaultive behavior at an early age.
(3) Unstable Social History. The prisoner has a history of unstable or tumultuous relationships with others.'
(4) Sadistic Sexual Offenses. The prisoner has previously sexually assaulted another in a manner calculated to inflict unusual pain or fear upon the victim.
(5) Psychological Factors. The prisoner has a lengthy history of severe mental problems related to the offense.
(6) Institutional Behavior. The prisoner has engaged in serious misconduct in prison or jail.
Cal. Code Regs. tit. 15, § 2281(c)(1)-(6).
On the other hand, Section 2281(d) sets forth the circumstances tending to show suitability which include:
(1) No Juvenile Record. The prisoner does not have a record of assaulting others as a juvenile or committing crimes with a potential of personal harm to victims.
(2) Stable Social History. The prisoner has experienced reasonably stable relationships with others.
(3) Signs of Remorse. The prisoner performed acts which tend to indicate the presence of remorse, such as attempting to repair the damage, seeking help for or relieving suffering of the victim, or indicating that he understands the nature and magnitude of the offense.
(4) Motivation for Crime. The prisoner committed his crime as a result of significant stress in his life, especially if the stress has built over a long period
(5) Battered Woman Syndrome. At the time of the commission of the crime, the prisoner suffered from Battered Woman Syndrome, as defined in section 2000(b), and it appears the criminal behavior was the result of that victimization.
(6) Lack of Criminal History. The prisoner lacks any significant history of violent crime.
(7) Age. The prisoner's present age reduces the probability of recidivism.
(8) Understanding and Plans for Future. The prisoner has made realistic plans for release or has developed marketable skills that can be put to use upon release.
(9) Institutional Behavior. Institutional activities indicate an enhanced ability to function within the law upon release. Cal. Code Regs. tit. 15, § 2281(d)(1)-(9)
The California parole scheme entitles the prisoner to a parole hearing and various procedural guarantees and rights before, at, and after the hearing. Cal. Penal Code § 3041.5. If denied parole, the prisoner is entitled to subsequent hearings at intervals set by statute. Id. In addition, if the Board or Governor find the prisoner unsuitable for release, the prisoner is entitled to a written explanation. Cal. Penal Code §§ 3041.2, 3041.5. The denial of parole must also be supported by "some evidence," but review of the Board's or Governor's decision is extremely deferential. In re Rosenkrantz, 29 Cal.4th at 665.
Because California's statutory parole scheme guarantees that prisoners will not be denied parole absent some evidence of present dangerousness, the Ninth Circuit Court of Appeals recently held California law creates a liberty interest in parole that may be enforced under the Due Process Clause. Hayward v. Marshall, 602 F.3d at 561-563; Pearson v. Muntz, 2010 WL 2108964, at *4. Therefore, under 28 U.S.C. § 2254, this Court's ultimate determination is whether the state court's application of the some evidence rule was unreasonable or was based on an unreasonable determination of the facts in light of the evidence. Hayward v. Marshall, 603 F.3d at 563; Pearson v. Muntz, 606 F.3d at 608-609.
The applicable California standard "is whether some evidence supports the decision of the Board or the Governor that the inmate constitutes a current threat to public safety, and not merely whether some evidence confirms the existence of certain factual findings." In re Lawrence, 44 Cal.4th 1181, 1212 (2008) (emphasis in original and citations omitted). As to the circumstances of the commitment offense, the Lawrence Court concluded that although the Board and the Governor may rely upon the aggravated circumstances of the commitment offense as a basis for a decision denying parole, the aggravated nature of the crime does not in and of itself provide some evidence of current dangerousness to the public unless the record also establishes that something in the prisoner's pre- or postincarceration history, or his or her current demeanor and mental state, indicates that the implications regarding the prisoner's dangerousness that derive from his or her commission of the commitment offense remain probative to the statutory determination of a continuing threat to public safety.
Id. at 1214.
In addition, the circumstances of the commitment offense (or any of the other factors related to unsuitability) establish unsuitability if, and only if, those circumstances are probative to the determination that a prisoner remains a danger to the public. It is not the existence or nonexistence of suitability or unsuitability factors that forms the crux of the parole decision; the significant circumstance is how those factors interrelate to support a conclusion of current dangerousness to the public.
In re Lawrence, 44 Cal. 4th at 1212.
"In sum, a reviewing court must consider 'whether the identified facts are probative to the central issue of current dangerousness when considered in light of the full record before the Board or the Governor.'" Cooke v. Solis, 606 F.3d 1206, 1214 (9th Cir. 2010) (emphasis in original) (citing Hayward v. Marshall, 603 F.3d at 560). Thus, under California law, the standard of review is not whether some evidence supports the reasons cited for denying parole, but whether some evidence indicates that a inmate's release would unreasonably endanger public safety. In re Shaputis, 44 Cal.4th at 1254.
D. Analysis of State Law Parole Determination
As stated above, Petitioner filed petitions for writ of habeas corpus to the Tulare County Superior Court, the California Court of Appeals, and the California Supreme Court. The Court of Appeals and the Supreme Court summarily denied the petition. Accordingly, this Court must review the last reasoned decision, in this case that of the Tulare County Superior Court to determine if there was some evidence indicates that a inmate's release would unreasonably endanger public safety.
1. Relevant Facts Recited by the Superior Court
The Superior Court cited to several portions of the Board decision in deciding that there was some evidence of Petitioner's current dangerousness. The Court relied upon factors including, but not limited to: (1) the fact that the commitment offense was committed in a cruel and callous manner, (2) Petitioner's violent criminal conduct committed before the commitment offense, and (3) Petitioner's unfavorable psychological report.
a. Commitment Offense
The Board relied primarily on the commitment offense in finding Petitioner posed a current risk of danger to the public safety. (Tr. Parole Hearing at 56-57.) The California Supreme Court has found that while "the Board or the Governor may base a denial-of-parole decision upon the circumstances of the offense, or upon other immutable facts such as an inmate's criminal history... some evidence will support such reliance only if those facts support the ultimate conclusion that an inmate continues to pose an unreasonable risk to public safety." In re Lawrence, 44 Cal. 4th at 1221. The parole board described the commitment offense as being "carried out in an especially cruel and callous manner," "carried out in a dispassionate and calculated manner" and "demonstrates exceptional disregard for human suffering." (Tr. Parole Hearing at 56-57.) The California Supreme Court has noted that the Board uses similar language in practically every decision denying parole. In re Lawrence, 44 Cal. 4th at 1206 ("[T]he practical reality [is] that in every published judicial opinion addressing the issue, the decision of the Board or the Governor to deny or reverse a grant of parole has been founded in part or in whole upon a finding that the inmate committed the offense in an "especially heinous, atrocious or cruel manner.") Furthermore, the "focus upon whether a petitioner's crime was "particularly egregious" in comparison to other [crimes] in other cases is not called for by the statutes, which contemplate an individualized assessment of an inmate's suitability for parole, nor is it a proper method of assessing whether "some evidence" supports the Governor's conclusion that a particular inmate represents an unreasonable threat to public safety. In re Lawrence, 44 Cal. 4th at 1217.
Here, the Board substantiates claims of egregious conduct during the commitment offense. The Board notes that Petitioner chased the unarmed victim, who was attempting to run away, a significant distance and then with an accomplice stabbed the victim 52 times. (Tr. Parole Hearing at 56-57.) After stabbing the victim, Petitioner left the victim to die in a public park. (Id.) The commitment offense was committed in an extremely violent manner. As such, the Board identified characteristics of the murder that, on a comparative basis, made the action especially cruel and callous. See, e.g. Pirtle, 2010 U.S. App. LEXIS 14205 at *14-16.
b. Prior Record
The Board also relied on Petitioner's pre-incarceration criminal history to deny him parole. (Tr. Parole Hearing at 57.) Petitioner's prior record includes a conviction for assault with a deadly weapon for a prior stabbing during a school altercation. (Id. at 29.) Pursuant to California regulations, a previous record of violence is a circumstance tending to show parole unsuitability. See Cal. Code Regs. tit. 15, § 2402(c)(2). Petitioner's prior record does reflect a patter of violent behavior and is therefore probative of his present danger to society.
c. Psychological Report
The Board relied on the psychological report in its decision denying Petitioner parole. (Tr. Parole Hearing at 58.) The March 2007 psychological report found that Petitioner was at a greater risk for future violence in the community than the average citizen. (Psychological Rept. at 3-4.) The report further states that Petitioner has not thought much about the events of the commitment offense, and continues to blame the victim. (Id.) Petitioner believes that the events of the commitment offense could have been prevented if the victim changed his behavior, but at no time acknowledges that Petitioner's own behavior could have prevented the murder. (Id.) Further, the Petitioner has never indicated any empathy for the victim. (Id.) The Board's finding that the physiological report was unfavorable was supported by some evidence; the report suggests that Petitioner poses a current risk of danger to the public safety.
Based on the foregoing, there is some evidence to support the Board's decision finding Petitioner an unreasonable risk to public safety if released. The state superior court's decision upholding the Board's decision was not an unreasonable determination of the some evidence standard, nor an unreasonable determination of the facts in light of the evidence.
Based on the foregoing, it is HEREBY RECOMMENDED that:
1. The instant petition for writ of habeas corpus be DENIED; and
2. The Clerk of Court be directed to enter judgment in favor of Respondent. This Findings and Recommendation is submitted to the assigned United States District Court Judge, pursuant to the provisions of 28 U.S.C. section 636 (b)(1)(B) and Rule 304 of the Local Rules of Practice for the United States District Court, Eastern District of California. Within thirty (30) days after being served with a copy, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendation." Replies to the objections shall be served and filed within fourteen (14) days after service of the objections. The Court will then review the Magistrate Judge's ruling pursuant to 28 U.S.C. § 636 (b)(1)(C). The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Lonely Planet: The world's leading travel guide publisher Lonely Planet Greek Islands is your passport to all the most relevant and up-to-date advice on what to see, what to skip, and what hidden discoveries await you. Wander along cobbled footpaths, laze on isolated sandy coves and witness some of the best sunsets in the world- all with your trusted travel companion. Get to the heart of the GreekIslands and begin your journey now! Inside Lonely Planet's Greek Islands Travel Guide: *Colour maps and images throughout *Highlights and itineraries show you the simplest way to tailor your trip to your own personal needs and interests *Insider tips save you time and money, and help you get around like a local, avoiding crowds and trouble spots *Essential info at your fingertips - including hours of operation, phone numbers, websites, transit tips, and prices *Honest reviews for all budgets - including eating, sleeping, sight-seeing, going out, shopping, and hidden gems that most guidebooks miss *Cultural insights give you a richer and more rewarding travel experience - including history, art, literature, cinema, music, architecture, politics, landscapes, wildlife, cuisine and customs *Free, convenient pull-out Athens map (included in print version), plus over 105 colour maps *Useful features - including Travel with Children, Month by Month (annual festival calendar) and Island Hopping *Coverage of Athens, Crete, the Ionian Islands, the Cyclades, Santorini, the Saronic Gulf Islands, Dodecanese, the Northeastern Aegean Islands, Evia, the Sporades, and more The Perfect Choice: Lonely Planet GreekIslands, our most comprehensive guide to the GreekIslands, is perfect for those planning to both explore the top sights and take the road less travelled. * Looking for more coverage? Check out Lonely Planet's Greece guide for a comprehensive look at what the whole country has to offer, or Lonely Planet's Discover Greece, a photo-rich guide to the region's most popular attractions. * Looking for a guide focused on only one or a few islands in this destination? Check out Lonely Planet's Crete for a comprehensive look at all the island has to offer. Authors: Written and researched by Lonely Planet, Korina Miller, Alexis Averbuck, Michael S Clark, Victoria Kyriakopoulos, Andrea Schulte-Peevers and Richard Waters. About Lonely Planet: Started in 1973, Lonely Planet has become the world's leading travel guide publisher with guidebooks to every destination on the planet, as well as an award-winning website, a suite of mobile and digital travel products, and a dedicated traveller community. Lonely Planet's mission is to enable curious travellers to experience the world and to truly get to the heart of the places they find themselves in. TripAdvisor Travelers' Choice Awards 2012 and 2013 winner in Favorite Travel Guide category 'Lonely Planet guides are, quite simply, like no other.' - The New York Times 'Lonely Planet. It's on everyone's bookshelves- it's in every traveller's hands. It's on mobile phones. It's on the Internet. It's everywhere, and it's telling entire generations of people how to travel the world.' -Fairfax Media (Australia)
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Details Book
|Lonely Planet
|Lonely Planet Publications
|Data Published
|01 March 2014
|Format Book
|PDF, Epub, DOCx, TXT
|Number of Pages
|576 pages
|Age +
|15 years
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Hiking Your Way to Health
As autumn's outdoor temperatures begin to moderate, many of us look forward to opportunities for vigorous cardiorespiratory activities that we put aside in the heat of the summer. It's much easi ...View Article
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North Korea Just Launched The Worst Netflix Clone Ever
The video streaming service will let you watch all the Kim Jong-un documentaries you want.By Ben Lawson | August 22, 2016
Say what you want about North Korea — but the hermit kingdom knows how to keep up with the times.
The country just launched its own version of a dedicated streaming device, and it's interesting, to say the least.
SEE MORE: Military Exercises Don't Have Any Effect On North Korea's Aggression
Article Continues Below


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flash has to be raised manually, which is great!
The Olympus SZ-10 combines the size and weight of a compact digital camera with the functions and technology of an SLR camera. With an 18x ultra-zoom 28-504mm wide-angle lens, the Olympus SZ-10 makes it possible to capture close-up images whilst travelling, attending sporting or theatre events or taking everyday pictures in the park.
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Question about GE Ovens
Control says locked but the door is not shut. I can't clear it or shut my door.
Posted by kimpeach on
Tips for a great answer:
Feb 20, 2016 | GE Ovens
1.Press the "Clear/Off" button on the control panel to reset the oven. This will clear the lock setting and unlock the door.
2.Allow the oven to cool to room temperature to avoid turning the lock on again during this heating cycle.
3.Reset the oven to the temperature you require to finish cooking by pressing the correct temperature control on the control pad.
1.If your GE Profile microwave won't turn on, unplug it, then plug it back in. A power outage may have occurred due to a power surge. Check your home's fuses and circuit breakers.
2.Set the clock of your GE Profile microwave. Certain models will not operate until you set the clock. Select the "Clock" key and type in the correct time.
3.Hold down your microwave's "Off" button. You may have accidentally hit the control-lock feature on your GE Profile microwave. Hold down the "Off" button for three seconds to turn the lock off.
4.If the sensors of your GE Profile microwave are not working correctly, remove the food from the machine. If the sensors detect food-surface temperatures over 200 degrees Fahrenheit, it will not work properly until the area cools down.
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Dude Perfect: Summer Camp Edition
collegehumor.com - The summer edition of the famous dude perfect trick shots.
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German translation of eyeball
Word Frequency
Augapfel m
⇒ to be eyeball to eyeball
sich Auge in Auge gegenüberstehen
⇒ drugged up to the eyeballs(especially British, informal)
total zugedröhnt (inf)
Example Sentences Including 'eyeball'
Behind the transparent globes of the eyeball , slices of veined gleaming butterfly wing.ON CATS (2002)
He leaned close to Will's head, until they were almost eyeball to eyeball.SACRAMENT (2001)
groaned Finn, opening his eyes to reveal plenty of red-veined eyeball.JUST BETWEEN US (2002)
Trends of 'eyeball'
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'eyeball' in Other Languages
- Brazilian Portuguese: globo ocular
- Chinese: 眼球
- European Spanish: globo ocular
- French: globe oculaire
- German: Augapfel
- Italian: globo oculare
- Japanese: 眼球
- Korean: 안구
- Portuguese: globo ocular
- Spanish: globo ocular
Translation of eyeball from the Collins English to German Dictionary
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The Horace C. Downing Branch is currently closed for renovations, and will reopen in Spring 2017. Visit our Facebook Page for ongoing updates.
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Teen Takeover
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Meet with other teens for different activities. Play the Wii, make duct tape creations, and more! (Tweens & Teens)


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The Danish ocean carrier's plan to acquire Hamburg Süd in 2017 caps a landmark year for consolidation in the container shipping industry, noted Mario Cordero, the chairman of the Federal Maritime Commission.
The U.S. Department of Transportation's Federal Motor Carrier Safety Administration today announced a final rule establishing a national database for the drug and alcohol testing records of commercial truck and bus drivers.
Transportation and logistics companies added 8,900 positions last month, following a revised 12,200-job increase in October, according to recent preliminary data from the U.S. Department of Labor.
Registration takes less than 1 minute.
The Northwest Seaport Alliance will release two new mobile applications, DrayQ and DrayLink, in early November as part of an effort to speed cargo flow through the ports of Seattle and Tacoma and along local freight corridors.
Athens, Greece-based containership lessor Diana Containerships has sold the M/V Angeles, formerly on charter to Taiwanese ocean carrier Yang Ming, to an unnamed demolition yard for $6.69 million before commissions, the company said.
U.S. gross domestic product increased 2.9 percent in the third quarter of 2016, according to the "advance" estimate from the Department of Commerce, following a revised increase of 1.4 percent in the second quarter.


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CWU Geology Professor Tim Melbourne is featured in the most recent episode of "Inside Olympia" with Austin Jenkins. In the first part of the episode, he talks about the geological threat off the Pacific coast, the much-feared Cascadia subduction zone. Sandy Doughton, a Seattle Times science writer who wrote the book, Full Rip 9.0, talks about how Melbourne's GPS research is extremely important to the body of knowledge about how the earth moves.
To view the episode, click here.
Central Washington University President James L. Gaudino has named Kurtis D. Lohide, a former adminiStory Behind Smithsonian "Ashley's Sack" Uncovered By CWU Professor
For almost a decade, a slavery-era artifact known as "Ashley's Sack" has intrigued historiansCWU Professor Brings Home International Design Awards For Third Consecutive Year
Central Washington University professor David Bieloh won three awards for his logo designs at this y


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Lizzie Borden and 5 Other Famous Female Killers Who Will Forever Fascinate Us
What is it about female killers that continues to fascinate us? From some of the most notorious and well-researched cases to some confounding contemporary crimes currently dominating today's media circus, there's no denying the particularly chilling nature of female killers. Here are six of their unforgettable stories.


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Latest Comments
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Tin Can Pencil Organizers
We are adding the craft to your Craft Projects.
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If your crafting space is a little disorganized, you're not alone. Luckily, you can make a few adorable Tin Can Pencil Organizers using PLUS America products and change the look of your space. Organization craft ideas are practical and so much fun.
- Clean can from veggies
- Scissors
- Plus America Deco Mini Roller - "Wreath"
- Plus America Adhesive Glue Tape
- Sheet of card stock (8x10)
Start by rolling your mini wreath roller from the left side of the paper all the way to the right. Once you start, don't lift the roller off of the paper until you get to the other end.
Continue doing this all the way down until the entire sheet is filled with rows of your inked pattern.
Next take your scissors and cut directly on the top and bottom of design. You will be cutting off any sign of card stock.
Get your glue tape and roll a strip of glue around the bottom of the can. You will end up making a full circle with the glue.
Gently place your decorative strip down on top of the glue. Secure by rubbing with a little pressure.
If you have excess paper left simply cut it with your scissors.
- Continue doing this step until you reach the top of the can.
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text:
Initiate's Leggings
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- Initiate's Leggings
- Item Level 4
- Binds when picked up
- Cloth
- Legs
- 17 Armor
- Durability 45 / 45
- Sell Price: 6
This item is a reward from The Way of the Huojin, given by Ji Firepaw at Wu-Song Village on the Wandering Isle.
Reward for Edit
This item is a reward for the following class/spec:
Patch changes Edit
- β Patch 5.0.1 (Beta): Added.


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MILLBURN - The arrest of a suspect in a brutal Millburn home invasion shows just how fast a case can move when it is exposed to the world.
The Millburn manhunt may have began with a crime committed on Friday, June 21, but it skyrocketed when the victim took the courageous step in sharing a video with the world. News 12 was the first news organization to air the video on Monday.
The video allegedly shows 42-year-old Shawn Custis punching and kicking the young mother while her 3-year-old daughter cowered on the couch.
READ MORE: New Jersey Crime Stories
Officials say that the video was crucial to the investigation, as authorities got help from people who thought they recognized Custis.
The video also rocked the sleepy suburb of Millburn, so the relief from the arrest was palpable.
Custis, who has numerous felony convictions, was tracked down and arrested in the Inwood section of northern Manhattan Friday afternoon.
He is now being held on $750,000 bail and faces 10 - 20 years in prison if convicted on the home invasion charges.


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Results 1 to 7 of 7
Thread: PI Address Space
05-26-2004, 06:21 PM #1Newbie
- Join Date
- May 2004
- Posts
- 5
PI Address Space
We are in the process of looking for a new colocation provider and we currently use our Provider's IP Space for our servers. So we will have the process of DNS changes and renumbering, etc.
Our current provider does not allow for PI space so with them it was not an option
What is involved in using Provider Independent IPs ?
We are a small company and probably can't get ARIN to give us our own space (or can we?). We do have a parent company with it's own space that they could possibly give us a piece of. We can just take a piece of a class C or does it need to be a full class C?
How does PI address space work and how does it get routed to your colocator that may be running 3-7 Internet Providers for redundancy?
Are there any drawbacks to using PI space over the providers address space?
Questions, questions!
05-26-2004, 07:23 PM #2Web Hosting Master
- Join Date
- Feb 2004
- Location
- Louisville, Kentucky
- Posts
- 1,083
To qualify for an ARIN allocation, you would need to be multi-homed with at least a /21 fully utilized, or single-homed with at least a /20 utilized. As you said, that option may not be available to you.
If you use space belonging to your parent company, you will need at least a /24. Some networks these days, notably Verio, are aggressively filtering long advertisements in "new" address space, so you may find that even if you borrow a /24, if it's in 66/8 for example, not everyone may hear your advertisement. If that is the case you can hound folks to add you as an exception to their filters, or you can arrange a tunnel from your parent company. Neither of those are great long-term choices.
The above is a perfect illustration of the disadvantages of provider independent space. When using provider assigned space, they are very motivated to ensure that the space they re-assign to customers is globally reachable. That is often not the case with provider independent / portable address space.
As to your question of, "how does it get routed," your provider will need to advertise the space you bring with you via their BGP sessions. This is very routine, and any provider whose technical staff don't immediately know what you need in this respect is a poor choice. Beware of clueless "engineers!" :-)Jeff at Innovative Network Concepts / 212-981-0607 x8579 / AIM: jeffsw6
Expert IP network consultation and operation at affordable rates
95th Percentile Explained Rate-Limiting on Cisco IOS switches
05-27-2004, 04:29 AM #3Web Hosting Master
- Join Date
- Sep 2002
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asking arin for a /24 for multi-homing purposes may work if you have all your ducks in a row. you do, however, need to demonstrate that you have two separate bgp sessions to two separate ASes.
... or you can just hijack legacy space like everyone else </sarcasm>
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Actually there is a proposal waiting approval from the ARIN trustee's that would make the minimum allocation a /22. They have already put the new fee structure online but haven't come right out and posted the /22 info publically yet.
If you want to wait for a month or two this could be an option.
AaronAaron Wendel
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05-27-2004, 10:57 AM #5Web Hosting Master
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Both the multi-homed /24 allocation policy, as well as the proposal to lengthen the minimum allocation size, have been in the works for years with no signs of implementation. The members want it and have voted in favor of it at ARIN meetings several times, however there seems to be little interest among the ARIN staff in getting it done. Good luck getting an allocation under those policies.Jeff at Innovative Network Concepts / 212-981-0607 x8579 / AIM: jeffsw6
Expert IP network consultation and operation at affordable rates
95th Percentile Explained Rate-Limiting on Cisco IOS switches
Hm.. Pay ARIN another $2500 or hijack legacy space. *scratches head*
05-27-2004, 10:29 PM #7Hosting Specialist
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Regency for Michael 4
Posted by βogus September 10, 2012
Posted in Clothing, DAZ | Poser | Carrara
Tagged M4
The British Regency period was noted for its flourishing upper class society of culture and refinement. Regency for M4 is a 7-piece 3D outfit plus walking cane and hat for Michael 4 that exemplifies the fashion of the era. Also included is a texture set in rich brown hues with a pale shirt.


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Mallard fly-in - Fleetwood Park Pond
Male Mallard flying back into the pond area at the Fleetwood Park on Friday afternoon 12-26-2008. You don't always see them when they fly in but I noticed that the fly-ins are usually precipitated by a distinct series of calls from the Mallards already at the pond. If you hear those calls, it's a sure bet that company is dropping by any second.
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Enough people emailed me about settings that I thought I would just post them here instead of emailing back...:
Nikon D300 (hand held)
Nikon 70-200mm F2.8 AVS-VRG lens with VR set to normal mode
Aperture F4
Shutter 1/2000 of a second
Manual Exposure Mode
14 bit RAW format
No flash
Duck flying into the pre-magic hour sun which was setting to my right.
Processed using ACDSee Pro for RAW conversion and Photoshop CS2 for editing. Noise Ninja for taking care of ISO noise and Fred Miranda's Velvia Vision plug-in for Photoshop for warming the colors.


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Discussion in 'iOS Jailbreak & Cydia' started by J4mes94, Sep 27, 2010.
Jailbroke my iphone 3g to 4.1 with snowbreeze but now want it on 4.0? can anyone help please?
Do u hav ur shsh for 4.0
u cant ..............................becoz u r without shsh blobs which are required to saved in able to downgrade to the lower firmware..:/
so what can i do?
wait for 4.1 jailbreak ..
why would you go back to 4.0 when you have jailbroken 4.1? Baseband problem?
but it is jailbroken just on that crappy 4.1 snowbreeze sh*t. cant i just get normal apple 4.1?
Yes you can just restore on regular 4.1
because i haven't got my back up on it and cant have a active sim card on it
Separate names with a comma.


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My impression of the Vietnamese people who work in the tourism industry is like my impression of those in North India (see Delhi scam stories from first blog). They like to share falsehoods rather than that rare traveler gem – the truth. As in, "What will the weather be like at Halong Bay?" "Sunny and warm during the day, cool at night." Both concepts were untrue – it was foggy, rainy, and warm at night. Thankfully, the lies ended there because the tour I took with the Hanoi Backpacker's Hostel to Halong bay for 2 days and 3 nights was a whole new level of fun and relaxation amidst beautiful, albeit blanked out by fog, scenery.
The title of the tour was "rock long, rock hard" and when I saw an advertisement post-trip booking of bikini-ed twenty somethings toasting plastic cups to the camera, the thought, "I am too old for this" did cross my mind for the first time. At 7:30 a.m. roundup time for the group meeting, none of the 32 tourees were awake enough to think of toasting anything other than coffee. I befriended two Californians immediately – Dave and Alex – who are very friendly and easy to talk to. We chatted the whole way up about things other than "where are you going next and where have you been." They both lived in Shanghai and were just in Hanoi for a short time.
The dock at Halong Bay was lots of tourists being herded around by guides or backpackers trying to make deals for their own trips around the bay. My situation was the former so I was a part of one of the herds making our way to a small boat and then the big boat. The big boat was three stories tall and only hinted at the traditional junks that used to sail Halong Bay. There was the dining room and bar (open until we close it, per Aaron our twenty-four year old guide) and then nice rooms ensuite on the other floors.
Our group was made up of Irish, Brits, Canadian, Australian, New Zealand, American, German, Dutch, and one Latvian. There were a lot of students, but also computer programmers, a Marine liability attorney, ER doctors, financial consultants, engineers, and construction workers. Most were in Vietnam for more than 2 weeks, some traveling for a year with work visa programs in Australia (available to anyone under 30 from a Western country – Jess, roomie, I'm thinking of you on this one).
As a lone traveler, I made friends throughout the day: I jumped off the top of the boat into the cold water with the Latvian, I joked about the beer quality that a German bought on our kayak trip with a German, got photog tips from the American, shared career advice and stories with the Brit, and drank a lot with the Canadians, Aussies, and Irish.
There was swimming and kayaking after lunch. The swimming didn't look too refreshing since the day was cold and rainy, but I joined about half the group and jumped 30 feet from the top of the boat into the light green water. (Later I found out there were HUGE jellyfish on the other side of the boat, thankfully I didn't see these) It was scary to be at the top and I was psyching myself out by standing there, but then Latvia jumped in and I followed with a scream the whole way down. The impact was minimal and the water cold. I felt proud that I took the leap.
Still wet, we covered up a little and went in the kayaks. I paddled with Tom, the Vietnamese tour leader. He led our group around the large bluffs that dot the waters like gigantic gumdrops. We stopped at a fishing village to see the locals. Let me rephrase. We paddled past a fishing village because the village was made up of small houses on rafts and was a floating village. Each house was a green square with a roof, door and two windows on each side – like a child's drawing. The house rested on a raft and tied up were smaller boats for quick transport and fishing. I had the thought that if you didn't like your neighbory, you just moored to the other side of the bay. The biggest and most colorful building was the bar and disco. Tom shared that the villagers had lived there for 300 years and the children went to school for months at a time in Halong city. Looking at this life, again I was thankful for where I was born as I would get very claustrophobic and isolated in such a setting (not to mention, damp). Tom also shared that he asked the villagers if they found this life interesting or boring and they replied – interesting. At this time I'd wished I had a waterproof camera in the kayak so I could share pictures. I'd never seen anything like this village.
After our kayak rides, the night began with a delicious seafood dinner and then some beers and finally a drinking game. The boat workers set up one long table in the dining room and Aaron shared the rules of Kings Cup, which required three decks of cards spread out over the long table for each of us to pick when it's our turn. I manned the stereo, hooked up to my iPod, and Florian, a German, manned the volume. We silently knew that this evening needed a soundtrack and I would provide it. My inner DJ had tonight as a stage.
The game is involved and complicated, but mixes the best part of drinking games: lots of drinking for prolonged periods, funny rules, a little competition, truth or dare, and "never have i ever." One girl, Laura from Canada, was picked to do all sorts of dares and ended up bonging beer, doing a chaste strip tease (dancing, no clothes off – I picked the song "Lick" by Joi for this activity), and a body shot. She was a great sport. The evening got rowdier and rowdier and segued into a dance party with the song, provided by the Canadians, "I'm on a boat" by Andy Sandberg and T-Pain. I'll just say, I may have gotten on a chair at this point and danced to this celebratory song of our current situation.
In the middle of the dance party there was a limbo contest. I pumped Black Eyed Peas, Jay-Z, and some 80s tunes during this activity. About three girls and two guys really showed up and flexed for the championship. I thought of my sister and wondered if she could've brought all the pain with her yoga moves to this show. My evening ended at about 2:30, but other's danced longer and ended up swimming again. PARAGRAPH The next day there was silence at breakfast and cries of pain – everyone – including our leader was hung. We lost half our group to their shortened tour and the rest of us boarded another boat for Castaway island.
The weather continued to be cold, rainy, and gray-green. It was actually perfect for my planned activity that day on the island – napping. The occupied space of the island was actually a beach with several bamboo huts, an eat area, kitchen, and bathrooms. There were wakeboards and kayaks on the beach. I shared a hut with Brit, Killian, and Hannah and we all took laid down on the mattresses, covered ourselves with the duvets and slept the afternoon and our hangovers away. That night, I did not partake in the evening activities, which was a game of Centurion (100 shots of beer in 100 minutes – about 8-10 cans of beer in 1 hour 40 minutes). I played some cribbage with the Canadians, who also did not drink that night.
We left early in the morning for a day of travel back to Hanoi. I joined the Irish and Canadians that night to celebrate Hannah's birthday at one of the only vegetarian restaurants in the city that her boyfriend found.


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All 16 NRL Auckland Nines jersey designs have been revealed!
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The Jetstar Gold Coast Titans will play their second pre-season trial match in Cairns this weekend with John Cartwright naming a strong squad to face the North Queensland Cowboys at Barlow Park on Saturday 23rd February.
The following afternoon Sunday 24th , Coach Steve Murphy


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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Term Paper:
Even the Coalition Against Trafficking in Women (2001), a worldwide organization opposed to prostitution, supports regular health checks, and governmental provisions for regular health checks, for prostitutes. Further, as Prorock (1999) states: "Legalizing prostitution nusually relies on monitoring practices, that decrease the transmission of STD's and unwanted pregnancies. Any way you look at it, STD's are a problem in almost any situation, but competent monitoring in a licensed service provides a certain measure of security" (p. 2). Liberator (2003, p. 12) concurs with: "There is a strong rationale for legalizing prostitution by regulating the industry, thereby monitoring sex workers and consequently the clients they serve. Allowing prostitution to remain invisible only perpetuates the spread of sometimes-deadly sexually transmitted diseases. A containment model based on managing the problem is better than an abolitionist model based on ignoring it, hoping it one day goes away all by itself."
Keeping prostitution Illegal Does Not Help Social Condition
Raymond (2003) and CATAW (2001) suggest that prostitution is bad for social conditions, but prostitution in and of itself, I feel, does not necessarily decrease social condition. Instead, I agree with Liberator (2003) that there is no proven connection between low crime rate and illegal prostitution. In fact, the opposite seems to be the case. According to Liberator, "The countries where prostitution is legal do not suffer from a high number of violent crimes. It appears legalized prostitution does not make societies more of a crime hazard" (p. 11).
Also, according to Liberator (2003) countries like Denmark, with leagalized prostitution, who spend more on education, healthcare, and other necessities for each citizen, have lower suicide rates and lower divorce rates. The United States, with prostitution illegal, has higher crime rates, suicide rates, and divorce rates than countries like the Netherlands, Denmark, or Canada. "If we compare divorce rates between countries, we will understand the success of institutional monogamy under different social conditions. The United States is second highest, with eight times the divorces as Mexico, twice as many as Canada, and 55% more than Denmark. It is clear that the U.S. has a high turnover rate. Meanwhile, most countries with legal prostitution have less of a problem with institutional monogamy" (p. 13). It appears, then, that keeping prostitution illegal within the United States does not help the overall social health of our nation in terms of divorce, suicide, or crime rate. Criminalizing prostitution, then, seems not only to actually increase the crime rate in America and make many Americans physically unhealthier due to visiting prostitutes with undetected and untreated STD's, but may even increase the levels of social guilt and psychological unhappiness among Americans who visit prostitutes, as well as among the prostitutes themselves.
Conclusion have argued that despite prostitution currently being illegal in most parts of America, legalizing prostitution would be of more benefit than harm to the people of the United States. This is because (1) keeping prostitution illegal does not stop prostitution, but just drives it underground; (2) the physical of health of prostitutes could be better monitored if prostitution were legal, making it easier to detect and cure Sexually Tansmitted Diseases (STDs) in prostitutes, and keep prostitutes from spreading these diseases to clients and others, and (3) keeping prostitution illegal, as it is now, does not improve the social health of America, as some who oppose legalization would argue it does, in terms of crime rate, suicide rates, divorce rates, and overall happiness. Prostitution may come with a social stigma, but legalizing and regulating it could only benefit prostitutes, their clients, and others, since, like it or not, prostitution in America is here to stay.
Carlson, P. (2000). Opposing forces. Unification News for February 2000. Retrieved Dec. 13, 2004 at http://www.tparents.org.UNNews/unws0002/Carlson_OppForces_.htm.
Coalition Report (2001). The Coalition Against Trafficking in Women (CATW). Retrieved Dec.12, 2004 at http://126.96.36.199/search?q=cache:3xGAJTSGO6sJ:action.web.ca/
Killingsworth, M. (2002). Column: Health, safety important reasons for legalization.
Kansas State Collegian. Retrieved Dec. 13, 2004 at http://www.kstatecollegian.com / stories/020502/opi_killingsworth.shtml.
Liberator, M. (2003). Legalized prostitution: Regulating the world's oldest profession.
Retrieved Dec. 15, 2004 at http://www.liberator.net/articles/prostitution.html.
Otchet, a. (1998). Should prostitution be legal? Retrieved Dec. 14, 2004 at http://www.unesco.org/courier/1998_12/uk/ethique/txt1.htm.
Rationale Behind the Legalization of Prostitution. Retrieved Dec 15, 2004 at http://www.personal.psu.edu/users/d/x/dxg237/prostitute.html.
Raymond, J. 10 reasons for not legalizing prostitution. Coalition Against Trafficking in Women
International (CATW). Retrieved…[continue]
"Legalization Of Prostitution Within The" (2004, December 16) Retrieved December 4, 2016, from http://www.paperdue.com/essay/legalization-of-prostitution-within-the-60456
"Legalization Of Prostitution Within The" 16 December 2004. Web.4 December. 2016. <http://www.paperdue.com/essay/legalization-of-prostitution-within-the-60456>
"Legalization Of Prostitution Within The", 16 December 2004, Accessed.4 December. 2016, http://www.paperdue.com/essay/legalization-of-prostitution-within-the-60456
Relative to prostitution, "construction" would entail having great awareness of the way that propositions for law and policy reform make the most of or decrease the consensual capacities of sex workers. Paying attention to the issue would entail lobbying for "legal sex work" so that prostitutes had rights both as individual people and sex industry workers. Sex workers need to have a say and the legal capacity to organize
A report about pornography and prostitution indicated that females in prostitution hold a mortality rate forty times higher compared to the national average (Dianne 28).People who gets involved in prostitution by consent engage in unhealthy activities. Melinda confirmed that when she was in the business of prostitution, she was raped both anally and orally. Most clients who consume services of prostitutes are ill minded and have interests in violating human
About 80% of them say they attempt to leave the trade. About 70% of them have children, 89% of whom are without custody. Most street prostitutes are children of dysfunctional parents or homes. In these homes, they experience violence, drugs and sexual assault. Their childhood was tumultuous and unstable with parents either absent, in jail or deceased. More then 40% of them are compelled to enter the trade to
prostitution with a specific focus on the Nevada prostitution situation. We mainly focus on the reasons as to why prostitution was illegalized, the public health concerns regarding prostitution, prostitution and STDs and STIs, the development of laws regarding prostitution, prostitutes and STD's, why prostitution is legal in Nevada, the use of body for sex as well as whether Illegal prostitution lowers STD's, AIDS, HIV. Also discussed is how illegalizing/legalizing
" Moreover, instead of spending billions of dollars on fighting the war, the Mexican government could channel this money -- which is significant for the Mexican economy -- into meeting the population's social needs, thus decreasing the incentives for Mexico's youth to resort to crime. Prohibition of marijuana, one might even argue, is the lead cause of violence in Mexico. It is the prohibition that drives the drug market to the
As far back as 1959, the United Nations recognized the logic and benefits of decriminalizing prostitution, and organizations supporting this decriminalization include the "American Civil Liberties Union, the National Organization of Women, and various prostitute 'unions', the most famous of which is COYOTE (Call Off Your Old Tired Ethics)" (Rio, 1991, p. 206). And as far back as 1971, the San Francisco Committee on Crime considered the legalization of
MYTH: Decriminalizing prostitution would save a lot of money because police wouldn't have to arrest prostitutes or johns or pimps. FACT: Decriminalization of prostitution has resulted in expensive legal challenges because no one wants prostitution zoned into their neighborhood or near their kids' schools. Mustang Brothel was shut down because of tax evasion. Pimps are simply not going to hand over the massive profits that they make from the business of


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The Transforming Cancer Follow Up Team,NI Cancer Network / Public Health Agency
The Transforming Cancer Follow-Up team have radically transformed breast cancer follow-up across Northern Ireland by implementing self-directed aftercare pathways.
Their adoption and roll out of the Macmillan Recovery Package has been applied to 35% of patients post breast cancer treatment. All these improvements have created a foundation of greater patient empowerment and patient-centred care.
The team also worked to develop a survivorship website that allows people to search local services. As a result, patients can now benefit from more physical exercise programmes, complimentary therapies and financial advice at home.
If you have any questions about this team's work please email Macmillan Development Manager Paula Kealey.
The Primary Care Palliative Care Team,NHS Greater Glasgow and Clyde
Every single person affected by cancer in Glasgow now has access to a district nurse trained by four Macmillan nurse facilitators – thanks to this team.
People of the city are now guaranteed access to the high quality support, no matter what part of the community they're from.
But as well as collaborating with the Scottish government in redesigning the end of life pathways, the Primary Care Palliative Care team are also supporting the new Macmillan and Glasgow life project entitled 'Improving the cancer journey'.
If you have any questions about this team's work please email Macmillan Development Manager Trisha Hatt.
The Devon Macmillan GP Facilitator Team,North East and West Devon CCG and Torbay and South Devon CCG
For the past three years, the team's key aim has been to give people the practical support they need at the end of life.
Their work has been shown to reduce hospital admissions.
Also, they've created influential partnerships across health and social care. In these partnerships they've developed and established tools to aid the delivery of the best end of life care to patients in their chosen care setting.
What's more, the team's work has concentrated on early cancer diagnosis and survivorship innovations which bring together primary and secondary cancer care cross the South West.
If you have any questions about this team's work please email Macmillan Development Manager Jacqui Hodge.
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Learn everything you need to know to pass the Certified Ethical Hacker exam in under 11 hours. Understand the basics of network and Internet accessible application technologies, common discovery, and analysis techniques as well as more advanced security concepts such as malware and cryptography.
The Aeolian Quartet's epic cycle, originally released in the Seventies, was one of the gramophone's major contributions to Haydn's cause. Listening to the performances anew I find they have lost none of their freshness: they were based on the latest research, and the playing itself is always intelligent and thoughtful, with Emanuel Hurwitz's sweet-toned violin-playing a great asset throughout. (Misha Donat)


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