Friday, September 02, 2005

Prison Disciplinary Proceeding, Following a Criminal Conviction for Same Misbehavior, Does Not Violate Double Jeopardy

Andre Porter v. Thomas A. Coughlin, III, et al., Docket No. 03-0273 (2d Cir. August 31, 2005) (Op. by Sotomayor): No new ground is broken in this opinion, which simply re-affirms the Second Circuit's earlier decision in United States v. Hernandez-Fundora, 58 F.3d 802 (2d Cir. 1995), holding that a criminal prosecution and a prison disciplinary proceeding based on the same conduct do not implicate double jeopardy concerns. The prisoner here, Porter, argued that Hernandez-Fundora was no longer good law in light of the Supreme Court's decision in Hudson v. United States, 522 U.S. 93 (1997), which adopted a somewhat different analysis for determining whether a subsequent sanction is to be deemed "criminal" or "civil" for purposes of the Double Jeopardy Clause. The Circuit rejected Porter's argument, finding that even under the Hudson mode of analysis, the sanction imposed for his violation of prison disciplinary rules (3 years in the SHU), based on the same conduct (possessing a knife in prison) underlying a criminal conviction (for which he received a 3 to 6 year sentence, consecutive to whatever sentence he was then serving), was not a "criminal punishment" for double jeopardy purposes.

8 Comments:

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June 4, 2006 at 8:07 AM  
Anonymous Anonymous said...

Your subconscious mind is a powerful force. It can be an un-defeatable ally or a dangerous foe! It is a powerful force of nature that can be harnessed and made to work for us or it can be a wild beast that runs riot with our lives.
How powerful is 'powerful'?
Take the first Atomic Bomb - it could lay waste to an entire city in seconds. Or the gravitational pull of the Sun which stops our tiny planet from hurtling into space. Imagine the power of a black hole - that region of spacetime from which nothing can escape not even light travelling at 186 thousand miles a second. The Universe is full of powerful forces. Yet, all these wondrous things pale into insignificance when compared to the power of the subconscious mind.
The subconscious part of your mind is that part which regulates your heartbeat, lungs, digestive system and everything else in your body. It directs the inner workings of your body and such things as (what biologists call) 'machines' - tiny living cells that are composed of motors, drive-shafts and propellers - seriously!!! There is mounting evidence that the cells in our bodies have memory and that our very DNA is coded with memories of our ancestors. As well as having full control of all these functions and more your subconscious also retains all the thoughts, experiences and emotions you have ever felt. It regulates the most complicated mechanism in the unknown Universe - your body - and it can calculate the trajectory of multiple moving objects while supplying you with the words necessary to debate an issue while controlling a complex task of activities such as driving a car!
These tasks alone show how powerful the subconscious mind is. But it is much more powerful than that!
The truth is: No-one knows the limits of the subconscious mind's power!
Tell yourself that you will wake up at 6 a.m. and chances are you will awake. Go to a crowed party and through a mass of voices you will hear someone at the other side of the room mention your name! Set a problem aside and miraculously, out of nowhere, the answer comes while you are involved in another task. It recreates situations in your life that correspond to your beliefs. Time and time again you find yourself in the same situations, with similar partners, in almost identical jobs. Like a wheel your subconscious mind creates situations that bring your life back to the same spot.
Likewise it can totally transform your life - even overnight! It can bring you new situations, life experiences, luxuries and even people.
However, it is like a na�ve child or a better analogy is that of a computer. It believes everything that you tell it. Your conscious mind is the gatekeeper. Anything you think with complete faith is immediately past to the subconscious mind - which it then takes as literal fact. There will be no arguments because it has no discriminating capabilities.
Although your subconscious mind is more powerful than you can possibly imagine it is a mere servant. It is at your disposal. YOU are in charge. It acts just like a computer and like every computer it needs software to run. So if you do not program it then someone else will! You are constantly being bombarded with software programs for the mind every minute of everyday. Buy this product and you will look slim, drive this car and you will seem sexy, drink this potion and you will feel more vibrant about life. You are told what to buy and when to buy it, when you are too young to do a thing and when you are too old. You are told what is possible and what is not. Snap out of it!
Take back your control over mind and body. You were born with the most powerful computer system known to man - a bio-computer that regulates a sophisticated, highly flexible, changeable, self repairing vehicle. You are amazing, a true miracle. If you bought a new top of the range diesel Mercedes would you let Joe or Sue down the road fill it up with petrol?
Begin to think for yourself. Who told you that you could not achieve your dreams? Do you believe it? Who told you that you were too fat, too skinny, too stupid, too smart, too young or too old?
Does it matter?
No! Because you are and always have been in total control. Change your thinking and you will change your subconscious beliefs. Change your subconscious beliefs and you will change your life. lucid dream

July 3, 2006 at 5:21 PM  
Blogger Weight Watcher said...

Many people try to achieve goals. Most fail. Some strive, work hard and plan for all the details yet they achieve little or nothing at all. Others strive, work hard, plan and achieve huge success. Yet there are a few individuals who do little else than take small steps and seem to achieve a great deal with what seems like effortlessness. What is the difference between these people and which one would you like to be?
Most members of the human race fall into two categories - those who live in the past and those who live in the future. Most live in the past. Many of these are the people who achieve very little in their lives and are so fearful of the future that they dare not strike out to get anything. They are the under-achievers who hang onto bad episodes in their lives and either relive them time and again or look at new situations as similar potentialities. They say things like "all men are deceivers" or "all women are interested in is money" or "I can't do it. I tried before and it didn't work so why bother!". Due to bad experiences in the past they believe that all future events will turn out the same way if they dare to go after what they want.
The other type of person lives in the future. This type tends to create more of the things they want in life. They have a vision of where they want to go and exactly how they are going to get there. They work diligently at making concrete plans and they pursue those plans with a persistent ferocious appetite for success. These people are the high achievers - The Richard Branson and Bill Gates of the world. These people have much to teach us about setting and achieving goals.
However, there is a third type of person who almost goes unnoticed. They are the person who takes life in its stride and yet achieve most of what they want. I am sure you know of such a person in your life that just seems to saunter through life and yet they always come out on top. Or a person who you hear of that has decided to open a shop. You meet them a few months later and they have three shops all doing well! So what makes these people so successful and if they aren't living in the past and aren't living in the future where are they living?
I suppose you guessed it! Whether they are consciously aware of it or not they are living in the present. It is in the 'living' present that we have our greatest power. Everything happens in the present. You live your entire life there - even if your mind does not!

By becoming more aware of the present and by 'accepting' it as it is we are much more in control of our emotions and focus. When we live in the past we are fearful of making bad choices and/or getting hurt. We do not wish to recreate the past again! When we live in the future we can also be fearful of what might happen. But even if your future vision is full of power and worthy of working towards many people can, and often do, get stuck there. By constantly reaching for bigger and better goals they fail to enjoy what they have in the moment.
If you wish to start living a life that is almost effortless begin first by living in the present. Accept your situation the way it is and then you can enjoy what you have. Your focus changes from a memory of what was or a vision of what might be to a realization of what is. You become much more empowered to then see the beauty of life and also look at where you wish to make changes. But to make changes you must first accept the situation as it is. Trying to escape from your present only increases your focus on your problems by creating resistance to what is. Accept your life as it is now. Make no judgement, just accept it and then you will be free of doubt, worry, pain and fear. For you only experience these things when you live outside the 'moment'. hypnosis

August 6, 2006 at 7:50 PM  
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August 28, 2006 at 7:13 PM  
Blogger cylon said...

I am sure you have heard the song "Karma Chameleon" by Culture Club but have you ever given much thought to its meaning? While on Earth, you are living in a world of reincarnation which is governed by the law of karma. Karma begins to propel you as Soul on a personal journey through the universe. Karma ends when you have reached enlightenment and fully realise that this physical reality and the Universe itself is just an illusion. When you reach a state of knowingness that there is but One all pervading essence and that essence or consciousness is You!
So what is Karma and how does it work? While in the illusion you have a soul. This soul lives past, present, and future lives. To grow in love, joy, and awareness, you reincarnate into a series of physical bodies to experience different existences. This road leads to the experiences of being both sexes, all races, religions, and ethnic types throughout many lifetimes.
Karma in its simplicist terms can be described by the biblical statement "as you sow, so also shall you reap". Karma is the principle of cause and effect, action and reaction, total cosmic justice and personal responsibility. It brings 'good' experiences as well as 'bad' - a debt must be repaid and a blessing rewarded.

A more indepth esoteric look at karma gives us the following distinctions: Sanchita Karma: the accumulated result of all your actions from all your past lifetimes. This is your total cosmic debt. Every moment of every day either you are adding to it or you are reducing this cosmic debt. Prarabdha Karma: the portion of your "sanchita" karma being worked on in the present life. If you work down your agreed upon debt in this lifetime, then more past debts surface to be worked on. Agami Karma: the portion of actions in the present life that add to your "sanchita" karma. If you fail to work off your debt, then more debts are added to "sanchita" karma and are sent to future lives. Kriyamana Karma: daily, instant karma created in this life that is worked off immediately. These are debts that are created and worked off - ie. you do wrong, you get caught and you spend time in jail.
As a soul, you experience a constant cycle of births and deaths with a series of bodies for the purpose of experiencing this illusionary world gaining spiritual insights into your own true nature until the totality of all experiences show you Who you really are - the I AM! Until you have learned, you will find that pretending that the rules of karma do not exist or trying to escape the consequences of your actions is futile.
Although it may often "feel" like punishment, the purpose of karma is to teach not to punish. Often the way we learn is to endure the same type of suffering that we have inflicted on others and also rexperience circumstances until we learn to change our thinking and attitudes.

We are all here to learn lessons as spiritual beings in human form. These lessons are designed to help us grow into greater levels of love, joy, and awareness. They teach us our true nature of love. Where we do not choose love, show forgiveness, teach tolerance, or display compassion, karma intervenes to put us back on the path of these lessons. Quite simply, the only way to achieve a state of karmic balance is to be love.
Before you incarnated into your present personality, you agreed to put yourself in the path of all that is you need to learn. Once you got here, you agreed to forget this. Karma is impersonal and has the same effect for everyone. It is completely fair in its workings and it is predictable - "do onto others as you would have them do unto you" is a way to ensure peace and tranquillity in your own life as well as the lives of those you come into contact with. The law of karma is predictable - "as you sow, so shall you reap" what is done to you is the net result of what you have done to others!
Karma gives you the opportunity at every moment to become a better person than you are and to open up to the realization that you are the master of your own fate.

The goal of karma is to give you all the experiences that you need to evolve into greater levels of love, joy, awareness, and responsibility. Karma teaches that you are totally responsible for the circumstances of your life. They keep you on the straight and narrow until you have mastered your vehicle and can ride freely on your own. Once you understand that you are the master of your own circumstances and that everything you experience is a direct result of your past actions due to your thinking and emotional responses you can overcome its seeming negative effects by creating only 'good' karma.
Karma forces us to look beyond ourselves (oneness) so that we can see ourselves as we truly are Whole, Complete, at One with everything. Once we truly understand ourselves, we can see our divinity and our unity with all life.
Karma drives us to service. Love means service. Once you accept total responsibility for your life, you see yourself as a soul in service to God. Once you do, you become a fully realized being, allowing God to experience the illusion through you.
Belief in karma and an understanding of its workings will lead you to a life of bliss. Only your own deeds can hinder you. Until the time comes when we release ourselves from our own self-imposed shackles of limitation and fully understand who and what we are we will live under the mantle of karma. So until that day why not create some wonderful experiences for ourselves by "doing onto others, as we would have them do unto us". subliminal

November 7, 2006 at 4:35 PM  

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