In 1964, media analyst Marshall McLuhan suggested that a given medium was more important than its message. In 2009, I sat down with Dan Rather, Geraldo Rivera, Tim Zagat, Amy Goodman, Rachel Sklar, Carol Jenkins, Bill Pullman, Bob Simon, John Ziegler, Juan Williams, Kevin Macdonald , Mary Alice Williams, and Stephen Cannell to see what they had to say about the changing face of our news media.
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March 11, 2010
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December 9, 2009
Dispatch from Nepal
The last time I was in Kathmandu I was on a trek through Nepal, 32 years ago. This time, I'm there to begin a three-month stint as a Fellow of the International Legal Foundation-Nepal Project assisting local lawyers in forming a public defenders' organization to serve indigent criminal defendants. Although I no longer practice criminal law in New York, my extensive background can serve this extremely poor country where the average annual income is about $250, meaning that everyone accused of a crime is indigent.
Only a few years ago civil war ended; the King resigned; a Maoist became Prime Minister; and the legal system is in shambles. There is no diplomatic way to say it: trials are a sham, the police are corrupt and a mere accusation means languishing in jail for at least 25 days before appearing in a courtroom. There's a lay court in each district, and a three-tier structure above it. A legislature is in place, there are codified statutes and deference is given to precedent, but there is nothing resembling due process. The 1993 interim Constitution, is just a piece of paper; our task is to make it real.
While I become accustomed to walking 5-7 miles a day, and become accustomed to the lack of heat and electricity in the courts and in my living accommodations, I can see that I will never get used to longer pre-bail detention, the informal presumption of guilt, and the lay judges who are powerful, but untrained in law or even literacy.
There are 90 castes and 70 dialects among the people of Nepal who are largely uneducated. Following arrest, they don't know the charges against them and are intimidated by anyone above them, especially a judge. They are afraid to follow a lawyer's advice to remain silent, because a judge is urging them to confess. Even with a right to counsel, only an extremely small percentage of defendants are actually represented. There are few private lawyers (educated either in Nepal or India) since there is almost no one who could pay attorney fees in criminal cases. But that was our mission: to create a public legal system.
Whatever the charge, minor or major, the accused is detained for 25 days before there is a bail hearing. That's when we get the file for the first time. Then, surrounded by armed soldiers, the accused, in chains, is brought from the jail into the courtroom - a small area in what was once part of a palace. Bail, which is sometimes as low as 500 Rupees or $6.50 US, is too high for most defendants. Certain crimes are non-bailable: homicide, human trafficking, weapons, and drugs in any quantity. There is no plea bargaining no matter how minor or serious the case.
I sit in the back of the courtroom, listen, observe, encourage the lawyers in our project, help them prepare and give them the courage that is counter intuitive. Sometimes I am introduced to the judge who might later invite me to tea and I have learned to show respect with a slight bow.
The American habit of using first names in formal relationships is unfamiliar, and the Nepalese lawyers have taken to calling me, "Daniel, Sir," or "Dai" meaning older, wiser, respected one. It doesn't seem to fit; especially when I am in my usual non-court uniform of sweats, a "Che" tee shirt, and my Yankee cap. I think it's the Yankee logo that gets me thumbs up and high fives. Here's a note I received to "Dan, Sir"
Thanks for providing ample legal guidelines and arguments
for this attempt to murder and theft by force of SANTOSH
KUMAR. I plead according to your guidelines and we
welcome success in this case.
Theoretically, the burden of proof is on the prosecutor (who may or may not show up), and there is a presumption of innocence, but that is not the reality. For example, a charge of possession of stolen property, means that the defendant must prove that it was not stolen, or that he did not know it was stolen. The defendant makes a statement which is taken down in longhand and given to a judge-there are no juries-for a final decision-mostly Guilty. Unlike the system in much of Europe, the judge is not an investigator, asks no questions, hears no witnesses, but plays a passive role, usually until sentencing. When Ganesh Sherpa was arrested for theft of a motorcycle and possession of stolen property, his bail was 15,000 Rupees (about $200 US). Once he was convicted, he was sentenced to 1-1/2 to 3 years plus a fine of two times the value of the motorcycle even though it had been returned to the owner. He will stay in jail until he pays off fine of 150,000 Rupees (about $2,000 US), receiving credit for about 25 Rupees ($3.00 US) per day.
It is heartbreaking to see how many juveniles are in the system. The charges might be a street fight, petty larceny or something more serious, like drugs. But these kids are as young as nine, and they don't necessarily want to be released because they may have nowhere else to go. It's that old "three hots and a cot" thing.
We're making use of habeas corpus, another one of those doctrines that has existed only in the abstract, and we're making progress, especially regarding juveniles. Eventually that will result in prohibiting the CDOs (local lay judges) from hearing cases with juvenile defendants, as a violation of law because Nepal is a signatory to the Child's Rights Convention (which the U.S. is not).
In the meantime, Deepak Lama is going to serve five years for possession of 80 kilos of hashish in a house belonging to an absentee foreign national for whom he was caretaker. The defendant "confessed" after being tortured, even though the drugs were in a locked room to which he did not have access. The torture part has been reported to the U.N., but I won't be here to see what happens.
Some days I feel as overwhelmed and frustrated as our Nepalese lawyers. I am isolated, and while the solitude is good at times, it is also difficult. But the view is always a thrill. I can see the big mountain range from our roof especially at dusk when the sun is setting in the west and we are looking northeast toward Tibet and Mt. Everest. I e-mail and call family and friends daily on Skype, and watch DVDs - especially the series "House" - - on my laptop as long as the battery lasts (and then wait for the next surge of electricity). During the three months, I will see few Americans - some at the U.N. (there to monitor human rights abuses) and at the televised inauguration of Barack Obama which is filled with excited peace corps volunteers, wealthy Nepali citizens and U.S. embassy staff.
It was frustrating that by the time the project really took off, I'd be gone. But now that I'm home and six months have passed, friends ask me - and I ask myself - would I do it again? In a heartbeat.
Only a few years ago civil war ended; the King resigned; a Maoist became Prime Minister; and the legal system is in shambles. There is no diplomatic way to say it: trials are a sham, the police are corrupt and a mere accusation means languishing in jail for at least 25 days before appearing in a courtroom. There's a lay court in each district, and a three-tier structure above it. A legislature is in place, there are codified statutes and deference is given to precedent, but there is nothing resembling due process. The 1993 interim Constitution, is just a piece of paper; our task is to make it real.
While I become accustomed to walking 5-7 miles a day, and become accustomed to the lack of heat and electricity in the courts and in my living accommodations, I can see that I will never get used to longer pre-bail detention, the informal presumption of guilt, and the lay judges who are powerful, but untrained in law or even literacy.
There are 90 castes and 70 dialects among the people of Nepal who are largely uneducated. Following arrest, they don't know the charges against them and are intimidated by anyone above them, especially a judge. They are afraid to follow a lawyer's advice to remain silent, because a judge is urging them to confess. Even with a right to counsel, only an extremely small percentage of defendants are actually represented. There are few private lawyers (educated either in Nepal or India) since there is almost no one who could pay attorney fees in criminal cases. But that was our mission: to create a public legal system.
Whatever the charge, minor or major, the accused is detained for 25 days before there is a bail hearing. That's when we get the file for the first time. Then, surrounded by armed soldiers, the accused, in chains, is brought from the jail into the courtroom - a small area in what was once part of a palace. Bail, which is sometimes as low as 500 Rupees or $6.50 US, is too high for most defendants. Certain crimes are non-bailable: homicide, human trafficking, weapons, and drugs in any quantity. There is no plea bargaining no matter how minor or serious the case.
I sit in the back of the courtroom, listen, observe, encourage the lawyers in our project, help them prepare and give them the courage that is counter intuitive. Sometimes I am introduced to the judge who might later invite me to tea and I have learned to show respect with a slight bow.
The American habit of using first names in formal relationships is unfamiliar, and the Nepalese lawyers have taken to calling me, "Daniel, Sir," or "Dai" meaning older, wiser, respected one. It doesn't seem to fit; especially when I am in my usual non-court uniform of sweats, a "Che" tee shirt, and my Yankee cap. I think it's the Yankee logo that gets me thumbs up and high fives. Here's a note I received to "Dan, Sir"
Thanks for providing ample legal guidelines and arguments
for this attempt to murder and theft by force of SANTOSH
KUMAR. I plead according to your guidelines and we
welcome success in this case.
Theoretically, the burden of proof is on the prosecutor (who may or may not show up), and there is a presumption of innocence, but that is not the reality. For example, a charge of possession of stolen property, means that the defendant must prove that it was not stolen, or that he did not know it was stolen. The defendant makes a statement which is taken down in longhand and given to a judge-there are no juries-for a final decision-mostly Guilty. Unlike the system in much of Europe, the judge is not an investigator, asks no questions, hears no witnesses, but plays a passive role, usually until sentencing. When Ganesh Sherpa was arrested for theft of a motorcycle and possession of stolen property, his bail was 15,000 Rupees (about $200 US). Once he was convicted, he was sentenced to 1-1/2 to 3 years plus a fine of two times the value of the motorcycle even though it had been returned to the owner. He will stay in jail until he pays off fine of 150,000 Rupees (about $2,000 US), receiving credit for about 25 Rupees ($3.00 US) per day.
It is heartbreaking to see how many juveniles are in the system. The charges might be a street fight, petty larceny or something more serious, like drugs. But these kids are as young as nine, and they don't necessarily want to be released because they may have nowhere else to go. It's that old "three hots and a cot" thing.
We're making use of habeas corpus, another one of those doctrines that has existed only in the abstract, and we're making progress, especially regarding juveniles. Eventually that will result in prohibiting the CDOs (local lay judges) from hearing cases with juvenile defendants, as a violation of law because Nepal is a signatory to the Child's Rights Convention (which the U.S. is not).
In the meantime, Deepak Lama is going to serve five years for possession of 80 kilos of hashish in a house belonging to an absentee foreign national for whom he was caretaker. The defendant "confessed" after being tortured, even though the drugs were in a locked room to which he did not have access. The torture part has been reported to the U.N., but I won't be here to see what happens.
Some days I feel as overwhelmed and frustrated as our Nepalese lawyers. I am isolated, and while the solitude is good at times, it is also difficult. But the view is always a thrill. I can see the big mountain range from our roof especially at dusk when the sun is setting in the west and we are looking northeast toward Tibet and Mt. Everest. I e-mail and call family and friends daily on Skype, and watch DVDs - especially the series "House" - - on my laptop as long as the battery lasts (and then wait for the next surge of electricity). During the three months, I will see few Americans - some at the U.N. (there to monitor human rights abuses) and at the televised inauguration of Barack Obama which is filled with excited peace corps volunteers, wealthy Nepali citizens and U.S. embassy staff.
It was frustrating that by the time the project really took off, I'd be gone. But now that I'm home and six months have passed, friends ask me - and I ask myself - would I do it again? In a heartbeat.
December 3, 2009
Top 5 Sports Stories
Happy Thursday everyone, here's my Top 5 for December 3, 2009 from Len Berman at www.ThatsSports.com.
1. Quick Hits
* Tiger Woods finally admits "transgressions."
* Congratulations New Jersey Nets! Nobody does it worse. They lost to Dallas last night 117-101 to start the season a record 0-18.
* 34-year old Allen Iverson signs back with the Philadelphia 76ers.
* Bottoms up! The NBA is looking into Ron Artest's admission that when he played for the Chicago Bulls he would drink Hennessey cognac at halftime. (The breakfast of champions, no?)
* O Canada! It's the Jets and Bills tonight in Toronto on Thursday night football.
2. Better Late than Never
Tiger Woods' people finally woke up. Maybe it was the latest woman to come forward claiming an affair. He finally admitted to "transgressions" in a statement on his web site, and "letting his family down." He went on to basically say it's a private matter and leave him alone. He is absolutely right. He doesn't have to issue statements about the most intimate details of his "failings." But if he had "pulled a Letterman" and made a similar statement on camera a few days ago, he would have spared himself a world of grief. Can we now finally say end of story? Nah. Tiger is fresh meat for the media.
3. Journalism 101
I found subscriber John G's email about the Tiger Woods affair provocative. "The real shame to me is the demise of your profession. It was a mere 37 years ago that Bob Woodward and Carl Bernstein took down a powerful, two term president with diligent, truthful reporting. In 37 years we have gone from that to TMZ, the paparazzi, blogs and unsubstantiated innuendo?? Pathetic in my opinion... Enough is enough..."
John, the only question I have, is don't these "journalists" give the public exactly what they want? If there wasn't a market to peddle their wares, they wouldn't exist.
And to my Top 5 subscribers, if you want to read some truly great journalism passed along from subscriber Dan F. check out the GQ article on concussions and the NFL from earlier this fall. Here's the link.
4. The Good Old Days
Maybe that means before computers. In the last couple of days two NBA players have been fined for tweeting during games. Uh, don't they have something else they should be thinking about? And Grady Sizemore of the Cleveland Indians is lawyering up after somebody stole suggestive pictures of him from his girlfriend's email and posted them on the Internet. Other than the ability to receive Len's Top 5, the Internet is "the devil's workshop!"
5. Organization of the Month
As we start December, November was a helluva month for PETA. First they chastised an NBA player for swatting a bat that was flying around the basketball court, and now they want the University of Georgia to replace their live bulldog mascot with either a robot or a costumed character. Can't wait to hear what they have in store this month. By the way one of my favorite Spanning the World moments was when an opposition player scored a touchdown and the Georgia Bulldog ran over and bit the guy in the end zone. You never heard a peep from the People For The Ethical Treatment of Running Backs.
Happy Birthday: Miracle '69 Mets third baseman Wayne Garrett. 62. Did I mention that the Miracle Mets are featured in my new kids book The Greatest Moments in Sports?
Bonus Birthdays: A couple of talented actresses were born on the same day, same year. Daryl Hannah and Julianne Moore. 49.
Today in Sports: Baseball lowers the pitcher's mound by 5 inches to help the offense. Why didn't they just give all the hitters steroids? 1968.
Bonus Event: Plop plop fizz fizz oh what a relief it is. Alka Seltzer goes on sale. 1931.
1. Quick Hits
* Tiger Woods finally admits "transgressions."
* Congratulations New Jersey Nets! Nobody does it worse. They lost to Dallas last night 117-101 to start the season a record 0-18.
* 34-year old Allen Iverson signs back with the Philadelphia 76ers.
* Bottoms up! The NBA is looking into Ron Artest's admission that when he played for the Chicago Bulls he would drink Hennessey cognac at halftime. (The breakfast of champions, no?)
* O Canada! It's the Jets and Bills tonight in Toronto on Thursday night football.
2. Better Late than Never
Tiger Woods' people finally woke up. Maybe it was the latest woman to come forward claiming an affair. He finally admitted to "transgressions" in a statement on his web site, and "letting his family down." He went on to basically say it's a private matter and leave him alone. He is absolutely right. He doesn't have to issue statements about the most intimate details of his "failings." But if he had "pulled a Letterman" and made a similar statement on camera a few days ago, he would have spared himself a world of grief. Can we now finally say end of story? Nah. Tiger is fresh meat for the media.
3. Journalism 101
I found subscriber John G's email about the Tiger Woods affair provocative. "The real shame to me is the demise of your profession. It was a mere 37 years ago that Bob Woodward and Carl Bernstein took down a powerful, two term president with diligent, truthful reporting. In 37 years we have gone from that to TMZ, the paparazzi, blogs and unsubstantiated innuendo?? Pathetic in my opinion... Enough is enough..."
John, the only question I have, is don't these "journalists" give the public exactly what they want? If there wasn't a market to peddle their wares, they wouldn't exist.
And to my Top 5 subscribers, if you want to read some truly great journalism passed along from subscriber Dan F. check out the GQ article on concussions and the NFL from earlier this fall. Here's the link.
4. The Good Old Days
Maybe that means before computers. In the last couple of days two NBA players have been fined for tweeting during games. Uh, don't they have something else they should be thinking about? And Grady Sizemore of the Cleveland Indians is lawyering up after somebody stole suggestive pictures of him from his girlfriend's email and posted them on the Internet. Other than the ability to receive Len's Top 5, the Internet is "the devil's workshop!"
5. Organization of the Month
As we start December, November was a helluva month for PETA. First they chastised an NBA player for swatting a bat that was flying around the basketball court, and now they want the University of Georgia to replace their live bulldog mascot with either a robot or a costumed character. Can't wait to hear what they have in store this month. By the way one of my favorite Spanning the World moments was when an opposition player scored a touchdown and the Georgia Bulldog ran over and bit the guy in the end zone. You never heard a peep from the People For The Ethical Treatment of Running Backs.
Happy Birthday: Miracle '69 Mets third baseman Wayne Garrett. 62. Did I mention that the Miracle Mets are featured in my new kids book The Greatest Moments in Sports?
Bonus Birthdays: A couple of talented actresses were born on the same day, same year. Daryl Hannah and Julianne Moore. 49.
Today in Sports: Baseball lowers the pitcher's mound by 5 inches to help the offense. Why didn't they just give all the hitters steroids? 1968.
Bonus Event: Plop plop fizz fizz oh what a relief it is. Alka Seltzer goes on sale. 1931.
November 26, 2009
HuffPost Editor Roy Sekoff Discusses Shameless Tea Party Heckling Of Hough Family On ‘The Ed Show’ (VIDEO)
Earlier this month, members of the Chicago Tea Party Patriots heckled a pair of town hall speakers who lost their daughter-in-law and unborn grandchild due to a medical emergency. Dan and Midge Hough wanted to explain how a lack of health care may have contributed to the two deaths.
The Houghs were on MSNBC's "The Ed Show" on Wednesday to discuss their experience. Afterward, Huffington Post Editor Roy Sekoff spoke with Ed Schultz about about the tone of public discourse in America and some of the shocking defenses being used to condone the behavior.
WATCH ROY:
Visit msnbc.com for Breaking News, World News, and News about the Economy
WATCH DAN AND MIDGE:
Visit msnbc.com for Breaking News, World News, and News about the Economy
The Houghs were on MSNBC's "The Ed Show" on Wednesday to discuss their experience. Afterward, Huffington Post Editor Roy Sekoff spoke with Ed Schultz about about the tone of public discourse in America and some of the shocking defenses being used to condone the behavior.
WATCH ROY:
Visit msnbc.com for Breaking News, World News, and News about the Economy
WATCH DAN AND MIDGE:
Visit msnbc.com for Breaking News, World News, and News about the Economy