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.


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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  

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