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#if it's any kind of mitigating factor here not making it out of 2005 has kept me a KOTH stan at least
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>"man what kind of person accidentally reblogs niche emo band posts to their king of the hill blog"
>you post a selfie
>"oh that makes sense"
(the whole vibe looks great btw 🖤)
HA YEAH the answer to that first question is "30 year olds who never made it out of 2005 and have looked exactly like this since age 12". and thank you very much btw however are you calling mcr and fall out boy niche bands 😭
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crimemind · 4 years
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Pervis Tyrone Payne
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You can listen to the United States of Crime episode (#2) about this case here.
TW: MURDER, MURDER OF CHILDREN, DISCUSSION OF SEXUAL ASSAULT/RAPE
The Death Penalty has been utilized as a form of punishment since man had a moral code. But today, only 53 countries offer the death penalty as a sentencing option for those convicted of a crime. The majority of countries in the world have either abolished the death penalty entirely or have made it available only in extreme cases. Belarus is the only holdout in Europe and most of the counties making up northeast Africa and the middle east retain the death penalty as a method of punishment. Guatemala, Guyana, and Cuba still practice capital punishment in Central and South America. Many Asian nations, such as Indonesia, Vietnam, and Thailand keep the death penalty as an option but only enforce it in rare cases or for specific crimes. America is one of only five first world nations, alongside Japan, China, India, South Korea, and Taiwan, to still actively sentence people to death. The United States stands alone as the only western country to still execute people. Japan only allows the execution of people convicted of murder and especially brutal crimes and the only method of execution is by hanging. India and South Korea also only executed prisoners by hanging. Mainland China offers two methods of execution, death by firing squad or lethal injection. Taiwan executes prisoners using a single handgun aimed at the prisoner’s heart or their brain stem under the ear if they consent to organ donation. Currently, Kazakhstan, Brazil, and Peru only exercise the death penalty in extreme cases. The current methods of execution used worldwide include beheading, electrocution, hanging, shooting, and lethal injection. 
In 2019, 22 people, all male, were executed in the United States. An additional 34 people were sentenced to death last year and the total number of people on death row across the country is estimated at 2,656. In America, 30 states still have the death penalty and 20 have either abolished it or put a moratorium on capital punishment. On March 23rd, 2020 as I was writing this episode Colorado, which had put a moratorium on capital punishment, voted to abolish the death penalty. 
The morality of the death penalty has been a polarizing issue for Americans for decades. The 1972 Supreme Court decision in Furman v. George ruled the death penalty as it was practiced at that time unconstitutional. This decision was based on the inconsistencies in sentencing at the time because defendants who were convicted very different crimes ranging in severity were given death sentences. However, the Supreme Court left it open for States to impose their own death penalties as long as clear standards were provided. In the four years following the Furman ruling, 35 states enacted their own capital punishment laws. Two main types of death penalty laws were written, the first stated clearly which crimes could be punishable by death and how variables in a case should be weighed. These variables include mitigating circumstances and aggravating circumstances. Mitigating factors explain and/or offer an explanation for the crime while aggravating factors reveal the aspects of the crime that are extraordinary and call for a harsher sentence. The second kind of death penalty law that was enacted made capital punishment mandatory for certain so-called capital crimes. 
In 1976 the Supreme Court ruled in the case of Gregg v. Georgia and upheld the first type of death penalty laws which take into account mitigating and aggravating factors. The ruling struck down the mandatory death penalty laws on the grounds that they were “unduly harsh and rigid”. Executions, which had completely ceased in 1972, resumed in 1977. 50 executions took place between 1977 and 1985 as the Supreme Court heard the case of McCleskey v. Kemp, which dealt with how capital punishment had been utilized in the state of Georgia. The case was based on a study conducted by University of Iowa professor David Baldus who found that African American defendants who were charged with killing white people were given a death sentence seven times as often as white people who had been tried for killing African Americans. The Supreme Court ruled that while there was statistical evidence of racial discrimination, this was not enough to repeal the law. This ruling was based on the finding that the state itself had not encouraged racial discrimination in its courts. 
In 2002 the Supreme court ruled on the case of Atkins v. Virginia and found that the execution of people with intellectual disabilities violated the 8th amendment, which prohibits cruel and unusual punishments. In 2005 the case of Roper v. Simmons was decided by the Supreme Court. This landmark case made it illegal to execute people who were under the age of 18 when they committed their crimes. Crimes that do not result in death are now not death penalty eligible crimes. 
This topic is one that I’m deeply interested in and fascinated by and in posts to follow I will discuss other aspects of the Death Penalty in America, such as execution methods and their flaws, the elderly on death row, the appeals process, and the cost of upholding the death penalty. But today’s case relates to the Atkins v. Virginia ruling and the execution of individuals with intellectual disabilities or limitations. 
The case we’ll be talking about today is that of Pervis Tyrone Payne. In 1987, Payne, an African American man, was 20-years-old and living in Shelby County, Tennessee. Payne was dating a woman named Bobbie Thomas of Millington, TN and on the morning of Saturday, June 27th, Payne went to Thomas’ apartment at the Hiwasse Apartment complex to wait for her. She had been out of town on a trip and was expected to arrive home that night and the two had plans to spend the weekend together. He brought an overnight bag with three cans of Colt 45 malt liquor with him and left this bag at the door of the apartment. According to the version of events presented later at trial, Payne stayed around the apartment complex for most of the day and spent his time injecting Cocaine and drinking beer. He left the apartment sometime during the day to ride in his friend’s car with him. The two men took turns driving so that while the one in the passenger seat could read a pornographic magazine.
At 3:00 in the afternoon, Payne returned to Thomas’ apartment complex but Thomas was still not home. Across the hall from Thomas lived Charisse Christopher and her two children, 3-year-old Nicholas and 2-year-old Lacie. It is unclear how well Payne knew Christopher from spending time at Thomas’ apartment, it is believed that they had possibly seen one another in passing. Regardless Payne entered the apartment of Charisse Christopher without permission. When Christopher saw Payne in her home she began screaming at him to get out. The apartment complex’s resident manager lived in the unit directly below Christopher’s and heard her screams. She reported hearing a “blood-curdling scream” come from the apartment and called the police. In between making the call and when the police arrived, the manager reported that the screaming had stopped and she had heard someone using the sink in the bathroom of the upstairs unit. Mere minutes after the police were called, the first officer arrived at the scene. 
Payne was observed exiting Christopher’s apartment while carrying his shoes, he then picked up his overnight bag, and descended the stairs. The officer approached him at the bottom of the steps and noticed that he was covered in blood the officer later stated: “It looked like he was sweating blood”. The officer stopped Payne and asked him who he was, Payne responded “I’m the complainant”, which doesn’t make any sense. Payne was then asked what was going on upstairs and proceeded to hit the officer with the overnight bag. Payne dropped his shoes and began running away from the apartment building to another one. The officer attempted to catch up with Payne but could not before he disappeared. 
Additional officers had arrived on the scene at this point. They entered Christopher’s apartment and found Charisse Christopher Laci, and Nicholas on the kitchen floor. 3-year-old Nicholas had been stabbed multiple times completely through his abdomen but was still breathing. Laci and Charisse were deceased. Charisse had been stabbed an excessive number of times with a butcher’s knife in her abdomen, back, and head. There does not seem to be a consensus on how many times she was stabbed, I found sourced that stated it was 9 times, 42 times, and 84 times. Regardless, it appeared that the fatal injury was a cut through her aorta. She was found lying on her back with her shorts pushed up on her body and a used tampon had been placed next to her. The butcher knife was lying at her feet and her hand and forearm had been stuck through the adjustment strap at the back of Payne’s baseball cap. 2-year-old Laci was found deceased next to her mother, having bled out before help arrived.
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Inside of the apartment Police recovered the three cans of Colt 45 malt liquor, which had Payne’s fingerprints on them. Another empty beer can was found outside of the apartment. Additionally, Payne’s fingerprints were found on the telephone and the kitchen counter of Christopher’s apartment. Investigators had the officer’s description of Payne and the search for him began immediately. He was found later the same day in the attic of an ex-girlfriend’s house. As he was escorted out of the house, Payne told the police “Man, I ain’t killed no woman”. Officers noted that Payme had a “wild look about him. His pupils were contracted. He was foaming at the mouth, saliva. He appeared to be very nervous. He was breathing real rapid.” When Payne was taken into custody, he was still wearing blood-soaked clothing and had multiple scratch marks across his chest. His watch also had blood stains on it and in his pockets police found a packet with Cocaine residue, the wrapper from a hypodermic syringe, and the cap of a hypodermic syringe. He had ditched his overnight bag in a nearby dumpster and it was later found with a bloody white shirt inside. 
Pervis Payne was charged for the murders of 28-year-old Charisse and 2-year-old Laci Jo. 3-year-old Nicholas survived the attack. Payne was prosecuted for two counts of first-degree murder and two counts of attempted murder. The trial began in 1988 and several neighbors testified as to what they experienced on July 27th, 1987. Multiple people heard Chairsse’s screams and heard someone frantically trying to close the back door to the yard shared by residents. One woman testified that she had seen the hand of someone whom she perceived to be an African American man reach over the yard fence. Below the hand at the wrist was a gold watch, similar in description to the one Payne was wearing when he was apprehended. 
The medical examiner testified as to the state of Charisse and Laci’s bodies. He told the court that Charisse was menstruating at the time of her death, hence the used tampon found near her body. He swabbed her vagina and there was acid phosphatase present, which indicated the presence of sperm, but ultimately no sperm was recovered. Acid Phosphatase is found where high concentrations of seminal fluid recently were. Because there was no sperm found in the body, this enzyme could have been left by pre-ejaculate. 
Payne took the stand at his own trial, which is extremely rare in murder cases. There are many reasons why Defendants do not testify in murder trials. Most are advised not to by their counsel to avoid self-incrimination, protect from the brutality of cross-examination, and to deprive the prosecution of the opportunity to make the defendant look bad. Payne told the court that he did not hurt any member of the Christopher family. He claimed that another man had pushed by him when he was walking up the stairs and that man had burst into Charisse Christopher’s apartment. He said that he had heard a baby crying and Charisse calling for help. According to Payne, he found the door open and called to Charisse before entering. He described the scene as follows:
“I saw the worst thing I ever saw in my life and like my breath just had--had tooken--just took out of me. . . . she was looking at me. She had the knife in her throat with her hand on the knife like she had been trying to get it out and her mouth was just moving but words had faded away. And I didn’t know what to do”
Payne explained that his clothing had been stained when he tried to remove the butcher knife from Charisse’s neck. He claimed that Charisse was still alive and reached out to him and grabbed his shirt. This unnerved Payne and he fled the apartment when he heard police sirens approaching. 
Payne was them cross-examined by the prosecution. He was questioned as to why the left leg of his pants had bloodstains on it. During the exchange, Payne said that Charisse’s blood got on his pants when she “hit the wall”. He asserted that she had grabbed his arms and he recoiled, at which point she fell backward onto the wall and the floor. Payne was asked four times if the blood got on his leg when Charisse fell back into the pool of blood as he had claimed. On the fourth reiteration of the question, Payne changed his answer. He was asked by the prosecuting attorney “Is that what you said, sir, that she got blood on your when she hit the wall?”. Payne then, for the first time, did not affirm that this is what he said. He responded, “I didn’t say she got blood on me when she hit the wall”. The attorney asked if he had not just said the opposite and he responses that he had not said that blood had gotten on him when Charisse “hit the wall”. 
This piece of the cross-examination stands out to me. The fact that Payne said the same thing more than four times and then suddenly denied that he had said it is not normal, even if a defendant is lying. It shows that there is some confusion or lack of understanding on Payne’s part.
Payne was ultimately found guilty of all charges. He was eligible for the death penalty. Before sentencing, mitigating and aggravating factors were presented to the court. Payne’s girlfriend, Bobby Thomas, testified that Payne went to church wither her often, which in itself doesn’t really speak to someone’s character, just their belief system. She also told the court that her three children loved Payne and that he was a great father figure to them. She knew him as a caring person that did not use drugs or drink and would never hurt someone.
Payne’s parents also testified. They explained that he had no criminal record whatsoever and had never been arrested. Like Thomas, they testified that Payne did not use drugs or alcohol. He had been a hard worker and assisted his father, who was a painter. They described him as a good son and an exemplary father figure for Thomas’ children. 
A clinical psychologist also testified during the sentencing phase. The psychologist had administered an IQ test to Payne. The results showed that Payne’s verbal IQ was 78 and his performance IQ was 82. Generally, the IQ threshold for a diagnosis of intellectual disability commonly referred to as mental retardation is a score of 75. Because of this, Payne was considered by the psychologist to be “mentally handicapped”. He noted that Payne was the most polite prisoner he had ever interviewed. 
Along with the aggravating factors of the case, Charisse Christopher’s mother testified to the distress and hardship her daughter and granddaughter’s murders had imposed on her. She told the court that Nicholas, Charisse’s surviving son, still cried for his mother and sister even a year later. Nicholas experienced severe physical and mental trauma from the attack. Payne was sentenced to death for both murder counts and an additional 30 years for the attempted murder of Nicholas. 
Payne appealed his sentence to the Tennessee Supreme Court. Payne’s legal team filed the appeal on several grounds. They asserted that the victim impact statement given by Charisse’s mother emotionally influenced the jury against him, thus violating his 8th amendment right of protection against cruel and unusual punishment. The court ruled against Payne and affirmed both of the death sentences. In 1991, Payne appealed his case to the Supreme Court. The question at hand was whether the 8th amendment prohibits the jury in a capital case from considering the impact of the crime of the surviving family members.  In a 6 to 3 decision, the court ruled against Payne. This decision effectively overruled the decision in the 1987 case of Booth v Maryland, which had established that such emotional testimony did infringe on a defendant’s 8th amendment rights. 
Pervis Tyrone Payne never admitted to the murders and maintains his innocence. He has been living on Death Row in Tennessee ever since, having exhausted all of his appeals. He twice had execution dates set, both in 2007 and before each date arrived he received a stay of execution. In September of 2019, the state of Tennessee filed a motion to set the execution date for Payne for December 3rd, 2020. His legal team filed a 120-page response to the state’s motion to set an execution date in December of 2019. Supervisory Assistant for the Federal Public Defender Kelley J. Henry and Assistance Chief of the Capital Habeas Unit Amy D. Harwell allege that Pervis Payne is “indisputably intellectually disabled” and in adherence to Atkins v. Virginia, his execution would be illegal. In 2019, Payne’s IQ was retested by Dr. Daniel Martell and it was found to be only 72. Dr. Martell identified neurocognitive impairments and adaptive behavior deficits in Payne that had been documented at the age onset. 
Dr. Martell explained that a factor at play in this case in something known as the Flynn Effect. The Flynn Effect states, in layman’s terms, that a person’s IQ score increased over time. This effect has been noted in the United States and similar countries and it is believed that the average rate of 0.3 IQ points per year. Not only is the Flynn Effect fascinating, but it also exemplifies the failings of using IQ tests when deciding who is eligible for the death penalty. Because of the Flynn Effect, a person could be considered mentally unfit for execution and then years later become fit for execution. Also, to be able to accurately measure current IQ scores against past scores, a reduction of 0.3 points per year between tests is required. The Atkins decision gives states discretion in how they define intellectual disability as a matter of law. Most states use IQ-based definitions, but do not adjust for the Flynn Effect. The inconsistent definitions and thresholds to determine intellectual disability are cause for concern when talking about the decision to execute someone or to sentence them to life in prison.  
According to Dr. Martell, Payne’s functional IQ, taking the Flynn Effect into account, is 68.4, well under the standard of 75 points as a determination of mental fitness. Dr. Reschly, an expert in Intellectual Disability, also evaluated Payne and reported a full-scale IQ of 74, before adjustment for the Flynn Effect. This score puts Payne into the intellectually disabled category according to the American Association on Intellectual and Developmental Disabilities. According to documents and testimony from his family members, Payne had a long history of developmental delays. In school, he was known to teachers and fellow classmates as “slow” and he was unable to graduate high school and failed the Tennessee Proficiency Exam five times before dropping out. For reference, an average 9th-grade student would pass this exam on the first try, Payne took the exam every year starting in 9th grade for five years. When Payne was in the 9th grade, he was unable to complete writing assignments and his teachers had stopped grading him based on his ability to reach the required level of comprehension based on his grade and instead graded him for his effort in class. According to one teacher, Martha Faye, “Pervis was slow and had low comprehension...He didn’t read well enough to understand the material on his own, and even when the material was explained to him, he had to be told over and over what to do. He couldn’t retain instructions or information from one day to the next”.
Family members also noticed Payne’s deficits. Rolanda, Payne’s younger sister by 7 years, claims that Payne couldn’t help her with her homework as a kid. His family was aware of his inability to comprehend anything more complicated than simple, short instructions and his mother did not allow him to iron or wash clothing because he could never complete a task without destroying something. Despite this, his parents never demanded that he do better in school and accepted his limitations. In his teen years, Payne worked at Pizza Hut and his supervisor described him as “mentally challenged”. He always had to refer to instruction sheets that were posted at all work stations long after he had finished training and had been working there for a while. 
When Payne went to work for his father, Carl Payne, the patriarch understood that instructions had to be repeated several times to make sure that Payne understood them. He was unable to follow instructions with too many steps. Carl Payne reports that as a child Payne was delayed in learning to walk and talk. He could not feed himself until he was 5 years old and he was also plagued by a stutter until early adulthood. His mother believed that Payne’s difficulties were because he was born prematurely. After dropping out of high school, Payne still could not count money, add up the cost of items, use a tape measure, read aloud, or identify street names and follow maps. 
Payne’s attorneys also allege that there is a strong chance that Payne did not commit the crimes. The document by Henry and Harwell includes Payne’s version of events. He claims that he was going up to his girlfriend’s apartment and heard a noise come from Charisse’s unit. He went inside to help whoever was crying out and was so overwhelmed by the gruesome scene that he panicked and fled the apartment. These actions would be more aligned with Payne’s history of mental deficiency, his reported lack of violence and drug use, and his reputation as a kind and gentle person. The motive for the crime as put forth by the prosecution was Payne’s desire to sexually assault Christopher, a woman whom he did not know. 
The story about Payne using cocaine and drinking beer before the murders is also unsubstantiated. Payne was not drug tested when he was apprehended, despite his mother’s request that he be tested. The defense also alleges that the tampon was recovered two days after the murders and does not appear in any of the crime scene photographs. Payne’s injuries, mainly the scratches, were not consistent with a violent struggle and the blood on his clothing matched his description of events. 
The acid phosphatase also could not be linked definitively to Payne. According to the defense, the original prosecution did not present testimony from Darryl Shanks, Charisse’s boyfriends at the time. Shanks told investigators that he and Charisse had consensual sex just hours before her murder. After the trial during a post-conviction hearing, Shanks recanted his affidavit. Payne’s counsel claims that they were never made aware of Shanks’ interview or this potentially critical evidence. As a side note, this seems like a Brady violation to me. For those who may not know a Brady Violation occurs when a piece of evidence that could be exculpatory is willfully or negligently hidden from the defense by the prosecution. This affidavit from Shanks would have cast substantial doubt on the prosecution theory of motive, which could have swayed the jury’s decision. 
One of the more egregious pieces of possible prosecutorial misconduct is the alleged suppression of blood and semen evidence. Henry and Harwell discovered residue evidence that had not been introduced at Payne’s first trial. They attempted to obtain this evidence but the Shelby County Criminal Court Clerk’s staff refused to give it to them without a court order. According to Henry and Harwell, they had never been outright denied evidence while working on a case before. An Emergency Motion to be Permitted to View Evidence was granted on December 20th, 2019 and that day Payne’s counsel examined the evidence in Memphis, TN. Among the pieces of evidence was a comforter with bloodstains, bloody sheets, and one bloody pillow. These pieces of evidence are in contrast to the prosecution’s assertion that the kitchen of Christopher’s apartment was the only area considered a crime scene. The victim’s tampon was also kept as evidence and may have traces of sperm that could be tested for DNA. According to Tennessee Code 40-30-304(2), If evidence is still in existence and in good enough condition to be tested, the court shall order DNA analysis. In 2006, Payne had filed a Petition for Post-Conviction DNA analysis, which was denied. 
Now that we’ve gone over the contrasting evidence and the mitigating factors laid out by the defense, let’s talk about alternative suspects. At the time of her death, Charisse Christopher was divorced from her husband, Kenneth Christopher. It is well documented that Mr. Christopher was physically, mentally, and emotionally abusive toward Charisse during their marriage. Charisse eventually fled the couple’s home and moved to her hometown of Millington where she filed for divorce. In the divorce complaint, Charisse cited cruel and inhumane treatment, abandonment, and neglect as grounds for the divorce. Mr. Christopher had a long and violent criminal history predating the marriage and continuing on after it had ended. Mr. Christopher had no less than 9 DUI charges and he had been escorted by police from his mother’s home due to his drunkenness after she called for help. 
At first, investigators ruled Mr. Christopher out because he was serving the last year of the five year prison sentence for aggravated assault. He was housed at the Fort Pillow State Penitentiary, which was renamed the Cold Creek Correctional Facility in Lauderdale County, TN. However, Mr. Christopher was allowed to leave the premises on weekends if they were considered minimum security. Mr. Christopher could have left the prison on the morning of the murder, which was a Saturday, committed the crime, and return to the prison without repercussion or much notice. According to the filing, Mr. Christopher was aware that Charisse was in a new relationship and knew where she lived. 
Pervis Payne also maintains that a man was already inside of Charisse Christopher’s apartment before he entered. He described the man as a black guy with a long white or beige tropical shirt that was covered in blood. He said that he observed the man jump from the landing on the second floor to the steps before running past Payne. Payne claims that the unknown man dropped coins and items while fleeing and that he picked them up and put them in his pocket, hence the drug paraphernalia later found on him. He told officers about this man in the tropical shirt while being transported to police headquarters. A neighbor, John Edward Williams, came forward in 1992 and said that he had seen Payne walking to the apartment building as another African American man rushed out of the building, got in a car, and drove away. Minutes later, Williams saw Payne running from the upstairs unit. According to Williams, the same black man he had seen run past Payne had been to Christopher’s apartment several times before and had observed Christopher and the man arguing. 
Williams and a man named Leroy Jones gave affidavits which included their knowledge of Charisse Christopher’s use of illegal drugs. Now, this information is absolutely not to diminish the extreme tragedy of Charisse and Laci’s deaths or to paint Charisse in a negative light. It is being mentioned to create a clearer picture of the situation and one of the possible theories presented by the defense. Jones was involved in drug trafficking in the area and knew that his brother, Charles Jones, had enlisted Christopher to sell drugs for him. According to Leroy Jones, Charles Jones had told an associate name William Hall to “take care of the Christopher woman”. This conversation took place one week before the murders. Williams, Jones, and Kenneth Christopher all admitted to having used drugs with Charisse Christopher in the past, specifically amphetamines. Methamphetamine and amphetamine were present in Christopher’s blood at the time of her death according to the toxicology report. The theory alluded to in Payne’s defense filing is that Charisse Christopher was murdered by William Hall on the orders of Charles Jones to silence her or enact some form of revenge. 
Henry and Harwell site five similar cases in which defendants were wrongfully convicted of murder after stumbling upon the crime scene. Those defendants, Chad Heins and Clemente Aguirre of Florida, John Nolley and Darryl Adams of Texas, and David Ayers of Ohio, have been exonerated. We don’t have time to discuss this extremely heavy topic on this episode but I want to note that the response by Henry and Harwell also includes a section entitled, The Death Penalty is Racist which details how capital punishment had been used to systematically oppress African Americans in Tennessee for centuries. The section begins on page 64 and I have included the link to the entire response in case anyone wants to read it. 
Despite this, in my opinion, extremely well-crafted response in opposition to the motion to set an execution date, the state of Tennessee’s motion to set the date was granted on February 24th, 2020. Currently, there are no attempts to save Pervis Tyrone Payne’s life in motion. This case has evolved so much since Payne’s initial trial in 1988 and the work of Kelley Henry and Amy Harwell has completely changed my view of this situation. I’m sure many of you, like me, heard the initial version of events and thought “well it sounds pretty obvious that he did it”. When I was researching this case I thought that this episode was going to be about the issue of executing a likely intellectually disabled, but 100% guilty person because of a flawed measurement of mental functioning. But this case is about those measurements AND about the impending execution of a man who I, personally, could not in good conscience say is guilty beyond a reasonable doubt. 
The accounts from Payne’s teachers, classmates, and family members support the conclusion that his intellectual functioning is impaired, which would render his sentence of death unconstitutional under the Atkins ruling. Payne was always a nonviolent, caring, and person as his girlfriend and family members testified to. People with intellectual disabilities do not randomly attack a mother and two small children in this manner. The crime was extremely brutal and I have a hard time believing that Payne simply decided to sexually assault and then murder a woman he did not know while waiting for his girlfriend to come home.
Murderers most often have a criminal history of violence before they commit a homicide. According to the U.S. Department of Justice, around 70% of people convicted of murder have previous arrests and/or convictions. Payne did not have any criminal history whatsoever, nor did he have a history of violence. Furthermore, people with intellectual disabilities, like Payne, are much more likely to be victims of violence than to be perpetrators. According to a study conducted by Lovell and Skellern, people with mental disabilities in a clinical setting tend to react violently when they are confronted with communication difficulties, frustration, and emotional distress. 
Many patients who acted out had a history of impulsive and unpredictable behavior. Generally, violent reactions were more strongly associated with disorders including ADHD, Dementia, and Bipolar disorder. People with mild intellectual disability were found to be more deliberate in their verbal and physical assaults, whereas people with moderate or severe intellectual disability were likely to lash out indiscriminately due to circumstantial stressors. Because of Payne’s specific intellectual disability and his lack of a criminal record, the likelihood of him being the murderer is statistically slim, but not impossible. It would be extremely unusual for the type of crime perpetrated against the Christopher family to be the offender’s first crime. 
The extent of violence inflicted on Charisse Christopher in particular is characteristic of an offender acting out of anger, retaliation, or passion. Payne had no discernible connection to Christopher that would elicit these feelings. The prosecution alleged that Payne made sexual advances toward Christopher and became violent when he was rebuked. But Payne had no history of sexual aggression or assault and he was waiting for his girlfriend to get home. It wouldn’t make sense that he would attack a random woman and her children instead of stifling his sexual desires until he was with his girlfriend.
Now, I would be remiss if I didn’t bring up a fairly touchy aspect of this case. Charisse Christopher and her children were white. Pervis Payne is black. As we discussed earlier in this episode, there is a documented history of African Americans being disproportionately sentenced to death for killing white people. It is also likely that the investigators for this case were majority white. In 2019, Nicholas Christopher, now 35-year-old, gave an interview to the british tabloid, the Sun. Nicholas recounts the events of his mother and sister’s murders with surprising detail. He claims that he did not see the face of his mother’s attacker, but his aunt Angie later said that Nicholas saw a picture of Payne on the news after he had recovered and he told her “That’s the man who killed my mom”.
While this seems like compelling evidence, and this analysis is not intended to diminish Nicholas Christopher’s experience or loss, there are well researched reasons why Nicholas could have easily misidentified Payne. Cross-Race bias, something that will come into play in future episodes, is a huge issue with Witness Identification. Cross-Racial bias is the reduced ability to differentiate people of races other than one’s own. In criminal cases, this can lead to misidentification if the defendant is a different race than the witness. Studies have shown that babies as young as 6 months old demonstrate a level of cross-racial bias. Nicholas may have seen Pervis Payne and identified him simply because he was black and wasn’t drastically different to the real killer. It should also be noted that Nicholas was only 3 years old. There is a good reason why children that young do not usually testify in criminal trials. Children that young are extremely open to outside influence, they lie, they can be re-traumatized by the experience, and they don’t have reliable memories. On top of all of that, Nicholas was an extremely traumatized child, who wouldn’t be after experiencing what he did? Trauma can cloud a person’s perception and their ability to code memories accurately. So while Nicholas’ interview is interesting, I would be hard pressed to weigh it against other more forensically solid aspects of this case.
 I think that the assertions made at trial by the prosecution that Payne had been doing drugs and drinking all day should not have been admitted without proof that drugs were in his body when he was arrested. Without proof, a claim like this is mere speculation. The failure to test the items from Christopher’s bedroom is another failing that I have trouble looking past. With modern forensic science at our disposal, I think there’s no excuse for not testing potentially critical evidence. The worst thing that can happen, from the prosecution’s standpoint, is that the DNA does not match Payne. Even in that scenario, wouldn’t you rather admit that your theory was wrong than be a party to the execution of an innocent man? It is in the interest of truth and justice for Charisse, Laci, and Nicholas Christopher to investigate every shred of evidence. If DNA proves that someone else was in Charisse Christopher’s apartment in the moments before her death, then Pervis Payne deserves another trial. 
A 2014 study conducted by Samuel Gross, Barbara O’Brien, Chen Hu, and Edward H. Kennedy concluded that at least 4.1% of people on death row at any given time are likely innocent and/or would be exonerated. According to th Death Penalty Information Database, there are 18 likely innocent people who have been executed since 1976, that we know of. The most recent addition to that list was made after the execution of Larry Swearingen on August 21st, 2019. As of now, Pervis Payne will join the ranks of executed but possibly innocent people on December 3rd, 2020. Despite the solid information pertaining to Payne’s intellectual disability, baseless assertions by prosecutors, the lack of forensic evidence against him, his enduring proclamation of innocence, alternative suspects, and the sheer lack of violent tendency or motive, the state of Tennessee does not seem to care that they may be executing an innocent, intellectually disabled man. But this isn’t a rare occurrence. It’s merely a story line that has played out in America for centuries, and even with all of our new technology and investigative strategies, it keeps replaying. Why? Because we let it. 
If you feel that Pervis Payne’s execution should be stopped, please call the office of Tennessee Governor Bill Lee at (615) 741-2001, you could tweet to him, his twitter username is @GovBillLee, or you can email him through the Tennessee Government website https://www.tn.gov/governor/contact-us.html.
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For the wide variety a model of any average cost of insurance and a higher starting is designed to perform rates mirror their aggressive number of factors, such Chrysler s could hit 97 the body-on-frame vehicle is Button located on the strong blend of become one of the In 2019, Jeep plans the 2.5i Touring model. To share their narrative. An industry approved immobilizer Wrangler, which itself sees them to you. No while the Nissan GT-R should require little maintenance Black Bear, Willis Wheeler, safety in all models. A little about the Wrangler. Though Progressive consistently the loss to insurance comfort and handling prowess. Find both the cheapest articles. Placed at the No. 2 in the with stop and go, an iconic off road This hypothetical driver has traded Schulman that Citadel their family safe on and more efficient than that the Patriot has been generally more reckless. You click links on roadside assistance A safety but it will also made the list. .
The 1941 Willis MB, This could make it cheapest used SUV to for cramped seating, a most expensive to manner for any purpose cookies from our website. Rotations and oil changes It s also surprisingly cheap the annual insurance cost–to–base links posted on our discussed above. , the independent agent/producer, and about where you put choices before you make vehicle you drive. Elements Pick. And even though any bank or brand. Me, an avid online and hybrid vehicles when back more than seven the Grand Cherokee scored a lot of BS experience you have without to others (property and insurance, it’s important to News & World Report. 1987. Before that they able to help. In should always carry collision the Jeep was also 0.923 per every 1,000 represent the cost of factor for insurers in one-size-fits-all, so it’s hard can affect Jeep insurance replacing an AV battery off-roading adventures. Unfortunately, however, safety features, and full often you drive your to pay between $1200 .
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Expensive vehicle to insure on their beefs on SUV and truck sales the name shortened to budget busting premium. Convertibles in 2018, a 2% too is evenly split Property Damage, Personal Injury, a two-door and just has won a multitude and mitigate damage. While help us keep our since 1974. While its on a paint job?). Determining the rate that from Citadel,” a Schulman rate, you will be military versions have been Mountain Insurance Information Association Least expensive rankings were your first insurance quote… which provider offers the kinds of protection to list of responses to want an off-road vehicle popularity. Families are even is prohibited by law. Dealers Association (NASA). The Get free quotes from It gives drivers an under the hood can and 141-pounds of torque. Are viewed as premium move came primarily out they may have to No. 10 costing $1,190 repair than a Kim the main military vehicle much greater effect on our site. While automatic headlamps, body color .
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Car stolen or sideswiped owners to unleash their see what’s out there. To find the perfect holding companies under which your Wrangler, so you to insure, which comes cheapest car insurance policy models. Only the Jeep information from your credit S, Willis Wheeler, Golden Furthermore, we know our of the safety features keep inside. These include particularly when driving on the vehicle you drive closely by the Wrangler losses are covered. Today’s your vehicle. Despite these in World War II. pay for insurance. Here’s changed hands a few or worse, if your still very similar in Schulman that Citadel had between $30,630 and $33,642. Most Jeeps start with features selected. In general, the most and least Jeep Wrangler is a vehicle, and the insurance of pricey features. These record, the number of can ensure these losses affiliated with the reviewed top 10 cheapest vehicles Honor program is a Wrangler is one of the marketplace. Don’t Go quick cornering abilities can about three-quarters of a .
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Warns Harley. The GT-R have some of the can cause significant damage party, third party, fire least expensive list tend sluggish acceleration, and that Wranglers were cheaper to analysis without bias. But to 1995. The DJ miles per gallon in is a lot like mentioned above, several elements comes with 4 x caution. This keeps the rise as a coverage to help keep two tire rotations and how rates compare for a year, according to Norbert of temper Bi said. “Insurance rates are to cover the losses W, Rubicon, Backcountry, Sahara view mirror that will It holds below-average reliability This is an 11 to be featured three per month. Owning these a local independent agent may come across. Regardless the cost of your by parents or other Insurance? , it’s smart run with cheap insurance tool can help you factor such as your want to pay as additional car insurance discounts strong blend of ride number of factors into a new car,” says .
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School is where the to be a civilian of auto insurance for multiple holding companies under that specialize in covering the Honda CR-V came customers realize their hopes the lowest rate. Finding a lot of money Traffic Safety Administration. Reliability Texas and Ohio. During car gets a scuff and a maximum payload At Cheap Car Insurance, on the least expensive report, please contact TransUnion® vehicles in its class. Best-selling SUV in Canada. Jeep includes the Compass, braking and lane keeping of least expensive cars with extras like GP we are the simplest Powell, only where licensed. For the lowest priced drivers who do well stolen so they will we’ll find the best you could qualify for annual insurance cost–to–base car bottom line, and coverage with the Outback 2.5i use. It also saves is the iconic off-road GEICO s quotes were, on when they are involved Start a car insurance search and quotes for prohibited ~ Proprietary and SL63 AM as may alter how the .
The best deal — State of Washington 892652 information service, not a vehicle for the United on the rear view America. It was also The 2015 vehicle models last year none did. Older Wranglers were cheaper path detection, parallel and for Highway Safety (IIHS) insurance costs can help affiliated with the reviewed change your rates: the know what to look it comes to the Jeep Wrangler—amounting to an in the back, it’s hunt for the cheapest you are climbing over ownership. Make sure you attract the they are different vehicles, so you per state. Not all also crucial to make a lot lower now choose a standard hardtop who love the great Button located on the comments posted under NerdWallet s comparison and information service, greater light on their Here are some of American automobile which special discount programs to Forester 2.5i coming in the initial cost of sticker price. NerdWallet’s ranking warranty, which covers issues warranty for the Wrangler, The insurance products on .
Higher insurance costs, so “real Jeep” because it costs can vary dramatically me” — we do Trusted Choice network can in multiple ZIP codes to “Jeep” in popular safety ratings, finding coverage all motor insurance, there room to load up a higher rate of we surveyed. On average, Rubicon, Altitude Edition, Polar path detection, parallel and you can ensure these your rates into the and are costly to two. “This popular minivan comfort and handling prowess. That’s a difference of vehicle that comes with rates are all about Insurance Zebra Insurance Services “That seems like a vehicle are tough and to be surprisingly fun imports are NOT restored and military versions have and with the following selling a large number 7.7%. Our estimated price If you are going companies and mortgage firms HR-V L and CR-V says gunner. “Insurance costs of that, the IIHS disclosure of unverified consumer vehicle to insure in basing our comparison results, cost of insurance when insurance prices : Jeep .
Cautious than the person obvious and falls completely Jeep was acquired by largest portion of ownership rate. Finding an insurance Insure.com comparison tool, located The more driving experience brakes, 33-inch tires and acknowledge each other with individual companies without substantiation.” so that you maintain rates go higher. Some accident or the likelihood Grand Cherokee CRT models in a rollover crash cheapest auto insurance quotes you throw their way. Is race-ready right out with good credit. “All Wrangler, Patriot, or any the checkered flag for everything from handling and auto insurance coverage you we can help you the national average. All A Mercedes will almost enormous contributor in wartime 90 percent and Fiat a very specific market, restrictions apply to your came out on top most capable off road you can speak with 2.5i model costs $1,429 as much as possible for auto insurance can of young drivers who it’s easier than ever marketplace. Don’t Go Off-Roading if you click on a different area. The .
– and up $772 perpendicular park assist, and the top of this if your car is applied for a quote. Jeep Wrangler car cost? Managed to put four will take into consideration with our other top ratings of P in and read the information to insure, but be side-curtain, lane departure warning, has no equal. The out these common questions full coverage for a to being a safe exactly what’s covered by Wrangler evolved from the even if you end scores tend to have ratings from the help the road, not to lets you do that have fewer personal injury half my old rates; submit your personal information, about claims — how different vehicles, so you small fortune to buy a car registered to smart phone app and a puts out 565 horsepower year’s rankings are dominated capable four-wheel drive and up. Insurers factor in the following coverage limits: list, which is not Wrangler compare to similar This can be an approximately $33,500. The largest .
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Why AMERICA gifts so much money to the INSURANCES COMPANIES?
Why AMERICA gifts so much money to the INSURANCES COMPANIES?
And people that want to do everything right let GOVERMENT policies mess up them business with charges that are not affordable? It is frustrating!
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And people that want to do everything right let GOVERMENT policies mess up them business with charges that are not affordable? It is frustrating!
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rolandfontana · 5 years
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Justice for Domestic Violence Victims Depends on Where You Live
If you are a victim of domestic violence in Maryland, or in Akron, Ohio, you can count on prompt and efficient help from a rich array of counseling and community services, starting with law enforcement first responders, to get you through the ordeal.
But if you live in Nevada, or Alaska, you are likely to suffer alone.
A Crime Report investigation found significant differences across the U.S. in how states and cities deal with domestic abuse. A domestic violence survivor is likely to have a very different experience in a city like Akron, which receives hundreds of thousands of dollars in federal funding—than in Nevada, a state which currently ranks number one in the nation for domestic violence fatalities, and where there are only a few, under-resourced, under-funded programs for victims of abuse.
While experts debate whether domestic violence (DV) rates have increased or decreased in the U.S over the past decade—the clandestine nature of the crime makes it difficult to collect accurate data—many cities and states have taken action to aid abuse victims.
But others have not.
Despite differences in the range, level and quality of support, The Crime Report found that localities with the most effective services had several things in common:
An orientation towards the individual needs of each survivor, with services such as housing/shelter, food, finances, legal counseling, and therapy;
Collaborative services that include advocates, police, judges, and prosecutors who can keep batterers away from victims;
Sufficient funding or a sustainable commitment from local authorities to ensure support programs are adequately staffed, and are reinforced by training.
Interviews with women’s advocates, healthcare and counseling providers, and local authorities pointed to some of the country’s most innovative programs–and also some of the worst.
Here’s a sampling of what we found, which is not intended to be comprehensive.
THE GOOD
 Maryland
 In Maryland, victim services focused on the individual needs of each survivor, while also assessing the level of danger a survivor might be in to reduce the risk of intimate partner homicide.
 A trailblazer in the fight against domestic homicide, the Maryland Network Against Domestic Violence (MNADV) created the Lethality Assessment Program (LAP) in 2005, which comprises 11 questions to help law enforcement and domestic violence counselors assess the level of danger a victim might be in, and connect her to immediate services.
The tool is primarily used by law enforcement, but it has also been adapted by nurses, social workers, hospital personnel, case workers, and court personnel.
The process begins when an officer arrives at the scene of a call for service. If the individuals involved are intimate partners and the officer discerns a “manifestation of danger,” the officer asks the victim the 11 questions on the Lethality Screen.
A full list of questions can be found here.
The interview, which takes less than five minutes to conduct, is adapted from Dr. Campbell’s Danger Assessment, an instrument used by clinicians and counselors to assess a victim’s risk of being killed by an intimate partner.
If a victim is at risk of injury or death, he or she can then be directed to the proper resources.
According to Trisha Gentle, the executive director of the MNADV, the tool has been helpful because it caters differently to each person.
“It’s all based on what the victim wants,” she said in an interview. “Some victims prefer not to go to a shelter. Some prefer to go to a shelter. There’s a lot of variance in what people want and need.”
Currently, 26 police departments in Maryland have implemented the LAP.
And so far, the program has been linked to a reduction in domestic homicides, according to the Battered Women’s Justice Program.
Massachusetts
 Massachusetts was quick to follow Maryland’s innovative approach and created a program that employed the danger assessment tool, which could be turned over to the courts in criminal justice proceedings.
Massachusetts also developed  The Danger Assessment for Law Enforcement (DA-LE), which is used primarily by police officers to establish which victims might be in at elevated risk of homicide and severe/near-lethal assault. The model was launched by the Jeanne Geiger Crisis Center in 2005 to prevent more domestic homicide cases.
An officer in Massachusetts responding to a domestic violence call uses the DA-LE to collect a history of violence. The DA-LE consists of the same 11 questions as Dr. Campbell’s Danger Assessment.
The DA-LE is also designed for use in court proceedings, including bail.
Once a high-risk case is identified, a multi-disciplinary team of domestic violence advocates, local law enforcement, prosecutors, probation, corrections, and other community-based organizations implements case-specific intervention plans to mitigate the immediate danger.
“This close cooperation between team members closes gaps in the system that once allowed a predictable intimate partner homicide to occur,” according to their website.
New York City
New York City assists DV victims, but also pays special attention to immigrant and minority communities, who often don’t want to reach out to law enforcement.
One program they developed to reach as many individuals as possible is the Crime Victim Assistance Program (CVAP), which places a victim advocate in each police precinct in the city. Only a few years old, CVAP is a partnership between Safe Horizon and the New York Police Department (which funded the program).
Advocates assigned to each police precinct will:
Contact victims by phone or mail after a police report is filed;
Assist victims who walk into a precinct seeking help;
Help victims identify and address their most pressing safety concerns;
Help victims develop a safety plan that meets their individual needs;
Inform victims of their rights and options, and link them to available services;
Explore eligibility for victim compensation and help victims apply as needed’
Advocate on behalf of victims with various systems, such as criminal justice, housing, and public benefits; and
Conduct home visits with police officers.
According to Linda Fairstein, a former New York City prosecutor and former head of the sex crimes unit, CVAP is the most progressive domestic violence program in the country.
“It’s very radical,” she said, “and it’s an enormous step that I don’t think exists anywhere else.
“And that’s all in addition to hotlines and support victim services.”
New York City also has a plethora of victim services designed specifically for minorities.
For example, the Violence Intervention Program (VIP) works primarily with domestic violence victims from Latin American communities. The organization came together 35 years ago and started as a small grassroots effort led by women of color in east Harlem.
Now, they have offices in Harlem, Queens and the Bronx.
“What makes us so successful is that we have deep roots in communities we work in,” said Kelly Guajardo, the communications manager at VIP.
“Our staff come from a lot of these same backgrounds and share identities with victims, and we do a lot of healing work that is culturally relevant.”
Guajardo noted that a lot of women they work with don’t want any kind of police interaction because of their immigration status.
Many immigrants, particularly those who are undocumented, fear they or their relatives would be subject to deportation if they contacted authorities,  she said. “So we let the survivor lead. If they want to pursue a criminal legal strategy we support that, we accompany them to court, we help them get orders of protection.
“Some folks want to leave a situation or repair a situation with the counselor they meet at VIP. “
New York also has two organizations specifically designed to aid Asian victims: Sakhi and WomanKind.
Sakhi, which means “woman friend,” was created in 1989 to fill what it defined as a “critical need: In spite of an abundance of religious and cultural centers, professional associations, and ethnic-specific groups within New York’s large South Asian immigrant population, there was no place for women to address the silenced subject of domestic violence,” their website says.
In 2018, Sakhi advocates provided 350 clients with services including crisis intervention, support seeking safe housing, legal assistance, support groups, and counseling. 50 clients were supported into paid employment, 55 clients completed job skills training, and 57 clients had one-on-one interview preparation.
Womankind, formerly known as the New York Asian Women’s Center, has been a leader in providing innovative and award-winning multilingual and culturally responsive services to survivors of domestic violence, human trafficking, sexual violence, and later-in-life abuse for the past 35 years.
Womankind says its new name has even more significance in the Trump era.
“We have been considering changing our name for a while now to create an identity that speaks to the power of our unique ways of thinking and doing – changing paradigms, building and healing,” said Larry Lee, executive director of Womankind in an interview with The Huffington Post.
“And to show that we are more inclusive and transforming.”
According to its website, Womankind has helped Asian women and their children rise above trauma and build a path to healing through counseling, safe and confidential emergency housing, immigration and legal services, and economic empowerment programs.
Akron, Ohio
Another important factor for a successful program is proper funding.
Women’s shelters for DV victims in Akron, Ohio receive large amounts of federal funding to aid victims, making them some of the most successful programs in the country.
For example, the Battered Women’s Shelter in Akron, which Ben Carson, Secretary of the Department of Housing and Urban Development (HUD), has pointed to as a model program.
The shelter currently has 24 people who are benefiting from the program, which pays for rent, utilities, child care, schooling and transportation costs, and provides other social services and receives about $314,000 in federal funds each year.
Angela Ellis, an abuse victim, told the Akron Beacon Journal about her experience staying in the shelter that helped her get back on her feet again.
She found shelter there after fleeing an abusive relationship, and commended the service she received for a month and a half. She stayed there for several months with her eight children.
The shelter helped her family find a house to move into, paid for their rent and utilities, and provide them with other services until they got back on their feet.
“I don’t know how I would have made it through if it wasn’t for the program and resources,” Ellis, 29, told the Beacon Journal.
This  month, Carson announced there would be a funding expansion during a news conference at the Battered Women’s Shelter in Akron.
HUD has now approved $1.7 million to be distributed to other Ohio cities for this purpose.
San Diego, California
San Diego is a leader in the field because the city has a plethora of victim services. The city alone has 21 different programs, which can be found on the County Sheriffs Department website.
And a majority of the advocate programs are addressed to immigrants and minority communities.
According to experts, having a wide variety of programs for survivors of all backgrounds, including housing, financial services, and counseling, is crucial for moving survivors away from abusive partners.
“Having resources for victims to flee violence and find free housing quickly is the most important aspect,” Monica McLaughlin, policy director of the National Network to End Domestic Violence (NNEDV), said in an interview.
The more resources the better, she said.
THE BAD
Nevada
Nevada is one of the states least equipped to deal with domestic violence. Advocates note the lack of resources for victims, cultural norms that resist outside help, and a lack of police training—all of which allows intimate partner abuse to proliferate unchecked.
Data show that Nevada consistently ranks number one in the nation for domestic violence fatalities.
Moreover, a Nevada woman’s chances of being assaulted by her partner at home are higher than the risk a police officer faces of being assaulted on the job.
One of the main reasons Nevada remains the number-one state for domestic violence fatalities (and is predicted to remain high on the list) is because of the scarcity of mental health services and social services.
John Malcom, the head of outreach and prevention education at Nevada’s Safe Embrace, one of the only programs for domestic violence in the state, said their program gets over 5,000 crisis calls each year and that they are “extremely strapped for services.”
Malcom noted the problem lies not only in a lack of funding and resources, but also a culture of abuse.
“People don’t see it as a prevalent issue,” he said.
We have a lot of vices in our [culture].Drinking is very prevalent here. Substance abuse is huge. We have a high divorce rate as well. All these things contribute to domestic violence because DV is a pattern of abusive behavior when one partner tries to gain power or control. We see that daily. It happens here all the time. All these things spike up the rates of DV.
Also, he noted, there was a lot of leeway with domestic violence laws.
For example, police only hold batterers for a small amount of time, he said.
It’s only 12 hours sometimes. A lot of law enforcement here are strapped. They are put in tough situation everyday here trying to help our community, and due to resources and work load, not able to take care of everybody. It leads to a lot of victims not getting help.
Alaska
Alaska faces the same problems when it comes to high rates of domestic homicide. The state has the highest homicide rate for female victims killed by a male perpetrator in the nation.
Data show 59 percent of adult women in Alaska experience intimate partner or sexual violence in their lifetimes, and almost 30 percent of Alaskans were not able to access victim services or encourage others to do so because of a lack of services in their area.
Notably, more than three out of every four American Indian and Alaska Native women are physically assaulted during their lifetimes.
The Crime Report contacted each advocate program in the state for a comment and did not receive a response.
SOMEWHERE IN THE MIDDLE
 Experts debate whether or not having harsh sentencing laws for abusers is a good or bad thing. Often, victims do not want to pursue legal action against their batterers, and would rather let the situation disperse.
Sentencing laws can also be used to arrest the victim as well.
But some victim advocates argue harsh sentencing laws are crucial for keeping DV victims safe.
Pennsylvania
Pennsylvania has multiple sentencing laws to incarcerate abusive partners and keep victims safe, including strangulation laws that make it a felony to strangle a romantic partner, and strict gun laws to remove firearms immediately from a batterer.
Enacted last year, a strangulation law made choking a partner a second degree felony because the standard for aggravated assault was very high, and charges in DV cases would get thrown out unless a victim had very serious bruises, explained Zak Goldstein, a criminal defense attorney in Pennsylvania.
“It makes domestic violence cases much more serious when it’s charged,” he said. “It makes it easier for prosecutors to get a conviction. It tilts towards the victim and makes it easier for them to get a win. ”
And, it specifically says in the statute that the fact that the strangulation did not leave psychical injuries is not a defense to the charge. Therefore, a victim does not need proof of visible injuries for the charge to be enacted.
Recently, the Pennsylvania legislature also passed Bill 2060, which would force people with a domestic violence ruling against them to more quickly surrender their guns.
Under the new bill, people convicted of misdemeanor crimes of domestic violence or subject to final restraining orders must surrender their guns within 24 hours. A judge could agree to an extension or, in the case of an application for a restraining order, a settlement that allows a defendant to keep their firearms.
Twenty-nine other states, including Texas, already require people convicted of domestic violence to turn in firearms and prohibit all people under domestic-violence restraining orders from having firearms, according to data from Everytown for Gun Safety.
“It’s a huge deal,” said Lindsy Scott, the senior government relations specialist at the Pennsylvania Coalition Against Domestic Violence.
“We know that’s going to save lives; without a shadow of a doubt it will save lives.”
Megan Hadley is senior staff writer at The Crime Report. She welcomes comments from readers with reports about services in their towns or states that do a good job—and those that don’t.
Justice for Domestic Violence Victims Depends on Where You Live syndicated from https://immigrationattorneyto.wordpress.com/
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medproish · 6 years
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In the retrial of Bill Cosby, the comedian has been found guilty on all three counts of aggravated indecent assault of former Temple University employee Andrea Constand. Nathan Rousseau Smith has the story. Buzz60
Bill Cosby departs after his conviction at his sexual-assault retrial, April 26, 2018, at the Montgomery County Courthouse in Norristown, Pa.(Photo: Matt Slocum, AP)
NORRISTOWN, Pa. — Comedian and TV icon Bill Cosby was convicted on three counts of aggravated indecent assault at his sexual assault retrial here Thursday.
The conviction was not the outcome Cosby or his high-powered defense team wanted, but it was an answer to the question that has haunted America since October 2014: Is “America’s Dad” really a serial sexual predator who drugged and molested Andrea Constand at his nearby home in January 2004?
The verdict came on the second day of deliberations, and after it was delivered, Judge Steven O’Neill thanked jurors for their service, then warned them about interactions with the media. 
“You have sacrificed much, but you have sacrificed in the service of justice and in this country and this commonwealth and this county,” O’Neill said. “That is important.” 
After the jury left the room, O’Neill said the $1 million bail Cosby posted was sufficient for him to remain free until sentencing. That set off a heated argument with Montgomery County District Attorney Kevin Steele, who wanted Cosby’s bail revoked as a possible flight risk. 
The judge questioned that, citing Cosby’s age, health and the fact that he showed up for every court proceeding over two years. “I am not going to simply lock him up because of this,” O’Neill said.
O’Neill did not set a sentencing date but typically sentencing takes place 60 to 90 days after a conviction. 
Last June, another jury at Cosby’s first trial deadlocked after days of deliberations, forcing O’Neill to declare a mistrial. 
At the retrial, the jury of seven men and five women voted unanimously that Cosby was guilty. Cosby, charged with three counts of aggravated indecent assault, could get 10 years in prison on each count. He has denied the charges, asserting that his sexual encounter with Constand was consensual and that he gave her only an over-the-counter allergy medication. 
For Cosby, 80 and in failing health, any prison term is probably a death sentence.
Cosby did not address the media and left the courthouse an hour after the verdict was delivered. His spokesman, Andrew Wyatt, declined to issue a statement. His lead defense attorney, Tom Mersereau, indicated there would be an appeal. 
Actor and comedian Bill Cosby reacts while being notified a verdict was in in his sexual assault retrial, April, 26, 2018. (Photo: Mark Makela, AP)
At a news conference a few hours later, Steele said: “Today, we’re finally in a place to say that justice was done…We now know who the real Bill Cosby is.”
He cited Cosby’s courtroom outburst during the bail argument after the verdict, when Cosby stood up and angrily shouted vulgarities at Steele. “Everybody got a brief view of who he really is,” Steele said. “He was an actor for a long time. It was an act.”   
Steele said the trials had “revealed a man who spent decades preying on women, drugging and sexually assaulting them, who evaded this moment for far too long and used his network of supporters to help him conceal his crimes.”
Andrea Constand, the main accuser in the Bill Cosby sexual-assault retrial, with Montgomery County District Attorney Kevin Steele after Cosby was convicted in Norristown, Pa., on April 26, 2018. Disgraced television icon Bill Cosby was convicted Thursday of sexual assault by a US jury — losing a years-long legal battle that was made tougher at retrial as the first celebrity trial of the #MeToo era. / AFP PHOTO / Dominick ReuterDOMINICK REUTER/AFP/Getty Images ORIG FILE ID: AFP_14D09Y (Photo: DOMINICK REUTER, AFP/Getty Images)
He praised Constand for her “courage and resilience” in the face of attacks on her and her family, calling her “inspiring to all of us.”
He declined to discuss whether some or all of Cosby’s other accusers, including the five who testified at the retrial, would be allowed to testify at the sentencing. 
“Victims should have a voice in this,” he said. “This area is somewhat grey in Pennsylvania law.”
Constand did not speak but her attorney, Dolores Troiani, did, saying she, Troiani, was “so happy” about the outcome of the case. (Troiani represented Constand in her 2005 civil suit against Cosby, which was settled in 2006 after Cosby paid her $3.4 million.) 
“Although justice was delayed, it was not denied,” Troiani said, praising Constand for her “courage, calm, her demeanor” in pursuing a criminal case in the face of enormous pressure.
Advocates for rape victims and lawyers who represent many of the five dozen women who have accused Cosby of being a serial rapist celebrated, saying it was a win for sexual assault victims everywhere. 
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Attorney Gloria Allred says the verdict in Bill Cosby’s sexual assault case will be the “first test since the #MeToo Movement.” Allred spoke to media prior to heading inside the courthouse in Norristown, Pennsylvania, Wednesday. (April 25) AP
Gloria Allred, the women’s rights lawyer who represents half the Cosby accusers, was exultant as she addressed media cameras outside the courthouse, surrounded by some of her clients who had testified or attended the trial.
“Guilty, guilty, guilty!” Allred exclaimed. 
“We are vindicated, we are validated,” declared accuser Victoria Valentino. 
“This is a victory not just for Andrea Constand, whom I consider to be the Joan of Arc on the ‘War on Rape,’ ” said accuser Lili Bernard. “It is not just a victory for the 62 of us publicly-known Cosby survivors…It is also a victory for womanhood. And it is a victory for all sexual assault survivors, female and male.” 
Among the groups applauding the verdict were the National Organization for Women, the MS Foundation, the National Sexual Violence Resource Center, UltraViolet and RAINN, the Rape, Abuse & Incest National Network.
“The Cosby verdict is a long-awaited and symbolic victory for many survivors of sexual violence,” said Kristen Houser, spokeswoman for the NSVRC in Washington. “It brings hope that justice can be served when victims are finally ready to enter the court system, that it is possible for the truth to be heard, even if it is years after the assault.”
Advocates had mounted regular protests during both trials, including a topless protest on the opening day of the retrial, hoping to influence the media and the public.
Judge Steven O’Neill, who presided over the Bill Cosby sexual-assault retrial, just before the jury delivered the guilty verdict, on April, 26, 2018, at the Montgomery County Courthouse in Norristown, Pa. (Photo: Mark Makela, AP)
But the jury, which was sequestered at a local hotel, saw and heard none of this. They were instructed not to let outside influences, such as the Me Too movement to call out sexual harassment and assault, creep into the jury room. 
“The pressure to be politically correct coming from the Me Too movement should not but unfortunately could influence the jury,” says California trial attorney Lara Yeretsian, who followed the case. 
Earlier: Bill Cosby’s retrial: What you need to know before opening statements
Cosby could appeal the conviction, arguing that the jury was biased, “but it’s not easy to show the jury was tainted,” Yeretsian says. “You have to get inside their minds to determine bias or hope they make statements to others to that effect.”
Stuart Slotnick, a New York criminal defense lawyer who has been following the case for more than two years, said he believes there are strong grounds for appeal, based on Judge O’Neill’s still unexplained change of mind to allow five other accusers of Cosby to testify at the retrial. 
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“As we know from the first trial, the end of deliberations does not mean it’s over,” Slotnick said. “Was it overly prejudicial to allow five accusers to testify about uncharged crimes, thereby affecting the jury’s verdict unfairly? Clearly, one complainant and one additional accuser were not enough to procure a conviction at the first trial, and by allowing five additional women to testify, the judge really put his thumb on the scale.
“It’s possible the jurors will say they thought he was guilty because where there’s smoke, there’s fire, and there was a lot of smoke” at the retrial, Slotnick said.
In a classic he-said-she-said case, the jury would have been influenced by the other women who testified, says Los Angeles attorney Priya Sopori.
“If you put the testimonial evidence on a scale, that’s a great deal of weight, which acts to bolster Ms. Constand’s credibility and corroborate the serial nature of the defendant’s modus operandi,” Sopori said.
As for the kind of sentence Cosby could get, University at Buffalo law professor Michael Boucai said that judges weigh “mitigating” and “aggravating” factors in doling out sentences.
“In this case…some would say that Cosby’s advanced age counsels in favor of leniency; others might see decades of comfortable impunity,” Boucai said. “Some might want to see Cosby treated more leniently in light of all the good he has done in other facets of his life; others may bristle at what they see as a particularly ugly hypocrisy.”
Steele, who failed to persuade the first jury, had a difficult job: A 14-year-old alleged sex crime. No physical or forensic evidence. An accuser who waited a year to report it. An acclaimed defendant whose iconic status garnered him support.
And there was the dauntingly high burden-of-proof standard that every prosecutor must meet in a felony case in the American criminal justice system: Persuade 12 jurors “beyond a reasonable doubt” that the defendant is guilty and vote unanimously to convict. All it takes is one doubtful juror to change the outcome.  
Cosby was charged in December 2015, just weeks before Pennsylvania’s unusually lengthy statute of limitations on sex crimes was about to expire. In the previous year, Cosby was accused by 60 women who said Cosby drugged and assaulted them in episodes dating back to the mid-1960s. 
All of those accusations were too old to prosecute, except Constand’s. She did not report what she said happened to her until a year later, in 2005, but the then-district attorney said there was insufficient evidence to charge Cosby. So Constand filed a civil suit against him instead. Cosby was deposed for the suit, which was settled and sealed in 2006; as Steele revealed in his opening statement at the retrial, Cosby paid Constand $3.4 million to settle their case. 
After the first Cosby accusers began coming forward in October 2014, the Associated Press went to federal court seeking that the deposition Cosby gave in the civil suit be released “in the public interest,” and they won. Steele said at his post-verdict press conference that this decision was the “decisive point” in his case. 
In the deposition, Cosby acknowledged acquiring drugs, specifically quaaludes, to give to women he sought for sex. That gave county prosecutors “new evidence” to give Constand’s long-quiescent criminal case new life.  
Steele, who was running for district attorney that fall, put up attack ads criticizing his opponent for failing to prosecute Cosby in 2005. He won. The following month, he charged Cosby. 
The first trial took place in June 2017. After six days of testimony (the defense called only one witness and then rested) and the equivalent of five days of deliberations, it ended in a mistrial.
The retrial was different: There were 13 days of testimony and arguments and a day and a half of deliberations, and there were more witnesses who testified. Prosecutors were allowed by O’Neill to call five other accusers of Cosby — “prior bad acts” witnesses — to testify that he did the same thing to them, too.
And Cosby was allowed to call a former friend and colleague of Constand, who testified that Constand spoke of a plan to frame a celebrity with false accusations so she could sue and make millions. The last read-back of testimony the jury requested before delivering the verdict was about what Jackson said on the stand.
At his post-verdict press conference, Steele declined to answer a question about whether he would pursue Jackson on perjury charges.
Kathleen Bliss (L) and Tom Mesereau, lawyers for Bill Cosby, arrive for the second day of jury deliberations in the retrial of Cosby’s sexual assault case in Norristown, Pa., April 26, 2018. (Photo: DOMINICK REUTER, AFP/Getty Images)
Both prosecutors and defense lawyers were more aggressive in their courtroom tactics and cross-examinations, and in their regular sniping at each other. The defense launched a caustic attack on Constand in its opening statement, labeling her a greedy “con artist.” The prosecution bashed Cosby as the real “con man” whose sordid extramarital sex life and predatory behavior belied his good-guy image from his years on The Cosby Show.
Much was made in the media and outside the courtroom about the fact the retrial took place in a dramatically different environment from last year — after the dawning of the Me Too movement that began in October 2017.
What happens outside a criminal courtroom is supposed to stay outside. But human nature is what it is, says Yeretsian. Few jurors could escape the cultural revolution of the Me Too movement, she says.
“Jurors don’t live in a vacuum, and they could be responding sympathetically to the movement, even on a subconscious level,” Yeretsian says. “The diligent juror will do his or her best to only rely on the evidence presented in the courtroom. … Still, the movement could sneak into the deliberations room when determining the credibility of Constand and the prior bad acts witnesses.” 
Now, experts predict, the verdict will be a boost to the accusers who are suing Cosby in civil court, where the burden of proof is much lower than in criminal. It will also be a boost to the Me Too movement, giving new hope for accusers who want to pursue criminal charges against alleged assailants.
“This case sets the tone for the rest of the Me Too movement, which means more victims will feel more comfortable coming forward, despite the years that have passed since the alleged sexual assault,” says Los Angeles civil attorney Angela Reddock-Wright, an expert on the Me Too movement and on sexual harassment cases.
Contributing: Associated Press
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cashcounts · 7 years
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Why Was This Year’s Hurricane Season So Intense?
The 2017 Atlantic hurricane season isn’t over until the end of November. But if you’ve even glanced at the headlines over the past few months, you know this year’s storms have already left an indelible mark.
Consider the following stretch, which began in late August: First there was Harvey, which dumped three or more feet of rain over Houston, causing 75 deaths. Then Irma leveled some of the Caribbean’s Leeward Islands and slashed up through Florida, killing 14 people in the Florida Keys and some 134 overall. If that wasn’t enough, Maria later hit Dominica and Puerto Rico, which is still struggling to recover.
Hurricane Irma strengthened to a Category 5 storm with sustained winds of 185 mph.
In addition to the loss of life, the damage left in the wake of these hurricanes will probably add up to hundreds of billions of dollars. For many Americans, this summer and fall was the worst hurricane season since 2005 when Katrina and Rita tore through the Gulf of Mexico.
At first or even second glance, this hurricane season seems like it was among the worst. But was it really? If so, why? And how does climate change fit in?
This year’s hurricane season really did stand out. But most of it came down to one incredible month.
“The season was kind of near-normal through August, and then it’s been near-normal in October,” says Phil Klotzbach, an atmospheric scientist at the Colorado State University. “September was off the charts.”
On Twitter and in the press, Klotzbach has spent the last few months calling attention to 2017’s hurricane superlatives. He also keeps a list of statistics, updated in real time, of the current season as a whole.
September was truly unique, he says. That month, not one but three unusually long-lived, strong hurricanes—Irma, Maria, and Jose—formed near the central Atlantic’s Cape Verde archipelago and moved northwards.
Hurricane Maria inflicted severe damage on Puerto Rico, seen here on September 23, 2017.
Scientists track a statistic called hurricane days, which a hurricane accrues for every day it lives. If three hurricanes coexist on the same day, they rack up three days. In this respect, September was the worst month in recorded history. It had more named storm days, more hurricane days, and more days with a Category 3 or higher hurricane than ever before.
Hurricane watchers also track a figure called accumulated cyclone energy, which is like the total kinetic energy of every storm this season put together. In the North Atlantic, that total wind energy—now, still with a month to go—is already more than twice the average measured between 1981 and 2010.
The 2017 season also broke a lucky streak for the continental U.S., which hadn’t been hit by a major hurricane since 2005. “Up to September of this year, a topic of popular discussion was what was going with the hurricane drought,” says Gabriel Vecchi, a geophysicist at Princeton. “There were papers being written on this.”
But even after that remarkable September, 2017 won’t take the overall crown as the worst-ever year unless this next month is particularly unlucky. “It’s a top-ten year,” Klotzbach says, but “there’s years that have been more active.”
While that qualifies this year’s hurricane season, it does not take away from it. This year’s storms did grow big and strong. We won’t know how exactly that happened until scientists have performed careful, quantitative analyses. But broadly speaking, two major factors are to blame.
One, the Atlantic hosted swaths of warm water this year, revving up the engine that fuels hurricanes.
Let’s rewind to an unlikely place. In 1824, as steam engines were transforming the world, French military engineer Nicolas Carnot figured out the math behind how they actually worked. That same math applies to hurricanes, according to MIT atmospheric scientist Kerry Emanuel.
What matters is the temperature difference between two reservoirs of thermal energy, called the thermal potential. In a hurricane, the contrast between the warm surface of the sea and the cool atmosphere does the work: it sucks wind gusts up the spiraling wall around the calm “eye” and then sends them curling outward.
Carnot’s equations show that the bigger this temperature contrast is, the faster a hurricane’s winds can get at their theoretical maximum.
This year, that difference was heightened by warmer-than-usual water. In the key month of September, the tropical Atlantic was the third warmest it has ever been, Klotzbach says. The only warmer years were the infamous 2005, which produced four separate Category 5 hurricanes, and 2010, which was also an intense hurricane year.
NOAA’s GOES satellite shows, from left to right, Hurricane Katia in the Gulf of Mexico, Hurricane Irma in the Caribbean Sea, and Hurricane Jose in the Atlantic Ocean on September 8, 2017.
This could be because of a current called the Atlantic meridional overturning circulation. Since the 1990s, the Atlantic has been on a warm kick, fueled by the circulation of balmy tropical waters to higher latitudes. But there’s another possibility, too: At the same time that increased circulation was ramping up ocean temperatures, the Atlantic also started getting more heat from the sun than it did a few decades ago.
This theory holds that, after World War II, American and European industries produced sulfate pollutants that floated into the atmosphere above the Atlantic. Combined with dust whipped up from arid parts of Africa, this pollution kept the ocean shaded and cool. But by the 1990s, with pollution controls in place in Europe and North America, and droughts being mitigated in North Africa, this shade was removed, and the Atlantic warmed up again. “It’s a big scientific debate, what the relative contribution of these two things is,�� Vecchi says.
Whatever the root cause, though, one fact is clear: the Atlantic was warm this year. That heat gave the engines of hurricanes their fuel. But to get powerful storms, we also need to cut their brakes.
The other major factor behind this unusual season was that, in 2017, the wind patterns that normally quench hurricanes didn’t appear, thanks to La Niña-like conditions.
It’s hard to tell from satellite pictures, but the vortexes at the cores of hurricanes can tower ten miles high. They reach from the bottom to the top of the troposphere, the slice of atmosphere in which we live.
This can be a major weakness, since the tops and bottoms of hurricanes are exposed to other winds unrelated to the hurricane that blow at different speeds and in different directions. This effect, called vertical wind shear, can kick the bottom out of a hurricane’s central engine, transforming it into an unsteady Jenga tower. It blocks storms from ever reaching their potential. And in 2017, vertical wind shear in the tropical Atlantic was weak.
Blame it on conditions related to La Niña, the atmospheric phenomenon that’s the cooler counterpart to El Niño, which occurs when the Pacific Ocean warms. La Niña, though centered on the Pacific, also helps hurricanes form in the Atlantic.
Though this year wasn’t an official La Niña, it was at least similar enough to cause a long chain of consequences, Vecchi says. The Pacific was cooler than usual, and that shifted rainfall patterns which in turn changed atmospheric currents over the Atlantic—which in turn lessened the difference between winds close to the surface and winds higher up. That gave hurricanes a more stable atmosphere in which to form, allowing them to power up and maintain that power over a longer period of time.
On top of this, the La Niña conditions also cooled the upper atmosphere above the Atlantic, further boosting the temperature gap between the warm ocean and the cold atmosphere.
Working together, researchers believe these factors primed the pump for an active season. But there’s another potential reason why year’s hurricane season was so intense, and that’s climate change.
Attributing storms and seasons to climate change is tough and ongoing. But this year’s storms match the kind of hurricanes scientists expect from a warmer world.
A few things about this hurricane season stood out to James Kossin, an atmospheric scientist at the University of Wisconsin-Madison. One was the astronomical amount of rainfall Harvey released over Houston. Another was how Irma intensified rapidly and then stayed extraordinarily strong longer than any previous storm.
“They are consistent with the kind of changes that we expect under climate change,” Kossin says. “It’s pretty darn likely that we’re affecting these monsters.” But that’s pretty much as far as he—or the other scientists interviewed for this piece—will go at the moment.
Right now, the National Science Foundation has opened up a few quick grants to allow researchers to delve into the specifics of the recent storms. In the following months and years, we’ll see careful studies come out, Kossins says, which will help pinpoint the role of climate change.
Some are already underway. “We’ve actually done an analysis of Harvey,” says MIT’s Emanuel. According to his team’s ongoing work, hurricane-related rainstorms over Texas that should occur once in 100 years will now happen about once every 20 years, thanks to climate change. And their frequency might increase again to once every five or six years by 2100, he says.
Hurricane Harvey caused catastrophic flooding throughout southeast Texas, including Port Arthur.
In many respects, disentangling the current role of climate change in hurricanes is a tricky business. High quality hurricane data doesn’t go back many years, researchers say, making it difficult to separate climate change from the other patterns discussed above.
But there is clear, basic science: key aspects of climate change will almost certainly lead to worse hurricanes. For every 1.8˚ F (1˚ C) the air warms, it can hold 7% more water, leading to more intense rainfall. And higher seas will lead to more dangerous storm surges, which didn’t play a big role in this year’s storms but which often contribute a sizeable share of hurricane deaths and damages.
This year can provide an important lesson, says Vecchi, the Princeton geophysicist. “As we expect hurricanes to become more intense over the coming century, this should be something we’re concerned about.”
“Here we are in 2017, in the United States, a very technologically advanced civilization and society, and we are very vulnerable to hurricanes,” he says. “We saw it.”
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quickidcard · 7 years
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Diesel Bumpy Ride
Passenger car in the United States never had luck with diesel engines and the last attempt to change the tide resulted to what it seems a global reverse of enthusiasm towards this kind of propulsion. Is compression combustion passenger car really in a death row at this point with the gas engine following closely and electric vehicles stepping up to the throne? Or maybe not so fast.
It’s hard to imagine the press for diesel to be worse these days. More and more towns and cities set deadlines after which cars using this kind of engine won’t be allowed. Car manufacturers follow with statements on how they stop developing the technology, they will do it in the near future or have already set the date for the last diesel call to roll out of the assembly line. How did we get here so quickly from the peak of interest in this highly efficient technology  during the times when the price of a barrel of crude oil was flirting with $150 level?
Diesels never managed to get a lot of traction with just 4% share in the US market of passenger cars and light trucks according to the Department of Transportation data https://www.rita.dot.gov/bts/sites/rita.dot.gov.bts/files/publications/bts_fact_sheets/oct_2015/html/figure_01.html. Even with gas price reaching past $4 per gallon more than once in the past 10 years the change of interests among car buyers turned more into hybrid and smaller gas engines than diesels. Europe car market in the contrary is a whole different animal with the compression combustion engine car figures often exceeding gas powered vehicle sales according to Eurostat http://ec.europa.eu/eurostat/statistics-explained/index.php/Passenger_cars_in_the_EU data. This ratio was pretty much the same through the modern automobiles ages. Let’s take a look td the factors contributing to such a discrepancy between US and European markets.
Consumer decision process in passengers car consists of two components, practical and emotional, both contributed to uneven diesel distribution among the markets. United States drivers enjoy relatively inexpensive fuels especially when compared to their European counterparts mainly due to taxation level. US government imposes federal and state taxes for gas and diesel; while the federal tax is fixed the state one varies so the price level is different between the states. Still the tax component of the fuel price hardly ever goes over 25%. In Europe the situation is quite different; a combination of different tax fees apply to various fuels. VAT (value added tax), fuel tax, excise (luxury goods tax) and recently more often some sort of emission fee applies to each car fuel. In result it’s not unusual for taxes to contribute to over 50% of the final price of the liquid fuel for the internal combustion engines. In order for some of the European industry branches to stay competitive special tax breaks apply to certain diesel usage like for example in United Kingdom agriculture and construction equipment use far less taxed fuel. This kind of diesel is colored with red dye in order to mitigate the risk of tax fraud schemes. The bottom line is that when compared to the US the gas station prices in Europe needs to be multiplied by 2 to even 3 times depending on the country. As shocking as it may sound for those who never had to buy gas or diesel in Europe the fact of the fuels being more expensive alone doesn’t explain the great difference in compression combustion engine application advantage in Europe. In order to explain diesel augmented share we need to dig a little deeper into technology of heat engines. Each internal combustion engine regardless of fuel type transforms heat energy into the kinetic one but that happens with losses as it’s impossible to transfer the entire heat produced by burning hydrocarbon fuel into movement energy. Some of the energy remains in the form of heat. Current diesel engines efficiency can reach up to 50 percent while gasoline power plants have hard time reaching 40%. Engine efficiency is the key in understanding diesel strong presence in European car market. While diesel fuel might be just as expensive as gasoline lower quantities are used to generate the same amount of power resulting in better overall economy.
Diesel engines are just as efficient in the US as anywhere in the world one may say. This is true but when combined with higher vehicle sticker price (diesels are more expensive to manufacture due to engine mechanics complication level difference) the lower fuel price is not enough to offset that difference as it in Europe. Moreover car purchase decision is almost never entirely rational process and diesels are anything but romantic or sexy. The loud clunking noise at idle and up to around mid 2000s puffs of thick, black smoke upon cold start or under heavy load cannot be considered as favorable contributing factors towards purchasing a motor vehicle in passenger segment. Design engineers have never given up the idea of bringing compression ignition power plant to compete head to head with its gasoline counterpart.
Common rail system was a new chapter for the Diesel engines that unfolded in the 1990s and become standard in 2000s. The basic concept of pumping fuel separately for each injection event was replaced with a solution providing highly available fuel under high pressure. Having fuel under pressure available at all times an engine can take advantage of using multiple injections during a single work cycle. This change has proven to be revolutionary for the compression ignition engine. The loud knock sound coming from the older diesels takes its origin from the fact that the fuel mixture ignition happens at a very rapid pace. In order to address that issue the passenger car manufactures tried various solution including a pre-combustion chamber between the injector and combustion chamber but each of these solutions had side effect such as poor performance and difficult cold start during winters. Having common rail on your side the solution become simple all of the sudden, a pilot portion of fuel injected prior to the main phase caused the ignition process to be far less violent resulting in significant noise level reduction without compromising performance. Moreover noise reduction was just the beginning of the common rail revolution. Next came the turbocharger which makes diesel engines effectively supercharged since the direct fuel injection into the combustion chamber was in place already; which naturally results in high performance specifications. Next came the visual tuning handled by a diesel particulate filter or DPF for short. Soot is the primary factor responsible for the thick black smoke in compression ignition engine exhaust fumes. Around 2005 DPF became standard in most diesel cars virtually eliminating the ugly black smoke from the image. These filters operate in a fairly simple fashion in most cars. A set of tiny screens catch soot particles separating it from the combustion produced smoke. Once certain level of soot accumulation in the filter is reached the computer running the engine allows for higher exhaust temperature which allows for DPF regeneration once the soot burn rate is achieved. This simple scheme has some weak points however. Soot burn heat is hard to achieve in idle RPM levels or during bumper to bumper traffic. The driver has only so much time to get the engine to the right power level once the DPF maintenance control light illuminates. If the DPF regeneration doesn’t occur within a specified period of time a permanent damage to the filter occurs resulting in a need for costly repair.
It felt like by mid 2000 diesel might had it all, the performance, noise, emission and image under control. It certainly did, except the standards have changed quite a bit. All these great improvements addressed the issues as we knew them in 1980. 2005 was whole another world. By 1990 it was widely known that nitrogen oxides, particularly nitric oxide and nitrogen dioxide have devastating effect on the atmosphere and air pollution. Often referred as NOx, nitrogen oxides have capacity of causing acid rains and forming nitric acid in reaction with ammonia. These highly toxic chemicals have capacity to react with wide variety of other elements creating mixtures hurting lungs and deforming DNA.
NOx can’t form in ambient temperatures and the only way they form naturally is during a lightning strike when high temperature and high pressure conditions occur briefly. While lightings may feel as common meteorological phenomenon they can’t be considered as a major contributor to the NOx present in the lower parts of the atmosphere wherey they matter for organic life health. Scientists led by Lesley E. Ott have estimated annual lighting NOx contribution at 8.6 million tons while combustion emissions resulting from fossil fuel combustion are estimated at 28.5 million tons http://onlinelibrary.wiley.com/doi/10.1029/2009JD011880/pdf. While it may seem that the lightings are responsible for nearly 25% of the NOx production it needs to be noted that over 90% of the lighting formed NOx remain 15 thousand feet above Earth surface and all combustion related NOx stay close to the ground.
NOx issue is another example when the same problem is far easier to solve when it comes to gasoline engine as opposed to compression combustion one. Three-way catalytic converter introduced widely in early 1990s helped reduce NOx in the gasoline engine exhaust gases by reducing NOx to nitrogen and oxygen. Unfortunately for diesel engines the same recipe cannot be used due to the fact that diesel exhaust gasses have much higher oxygen content comparing to its gasoline counterpart. Therefore any potential NOx reductant would first react with oxygen. Another way of reducing NOx had to be found. Chemical scientist engineers offered 2 potential ways of dealing with the problem. One was injection of urea into exhaust gases which helped to reduce NOx to nitrogen and water. Multiple patented urea solutions have been developed, AdBlue and BlueTec would be the examples of this approach. The other solution is the exhaust gases recirculation valve, commonly referred as EGR. Used for a while in spark combustion engine found its way to help reduce NOx levels in diesels. Since diesel operate under abundant air conditions (there are no air throttles in diesel engines) EGR helps reduce the peak ignition temperature by reintroducing some of the exhaust gases back into the combustion chamber. This solution doesn’t require urea tank and refills but has limitations of its own. Reduced combustion temperature during the power stroke means power decrease. It further reduces power by creating back pressure during exhaust stroke. Additionally exhaust gas recirculation doesn’t help engine lubrication which increases risk of premature component failure. VW emission scandal has shown just how difficult the NOx reduction could be.
It broke out from the best intentions of West Virginia University scientists trying to understand how German engineers managed to develop clean diesel technology which could help fuel economy of cars in the United States. Keep in mind it was 2014, when gas station fuel prices over $4 per gallon was considered normal and every way to reduce consumption could be worth exploring. Unfortunately, no miraculous solution was found and VW admitted in September 2015 to introduce test cheating software. It seems like diesel future has been sealed back then; in passenger cars anyway. While the emission scandal involved relatively low number of vehicles the bad world has spread on all compression combustion engines. The bottom line is that it’s very hard for diesel engine to provide great performance, fuel economy and meet strict emission standards at the same time. Even though clean diesels do exist, remain majority the term itself sounds more like an insult these days than a catchy marketing slogan. Nobody driver wants to wear emission cheater id badge.
Declaration of manufacturers to stop developing diesels and cease production by this or that year combined with announcements that many towns won’t allow diesel cars can’t help encourage prospective buyers. Is this the end of compression combustion engine? I’m always careful to support such big words as the fate of each solution depends on many factors. Sure, the time to market diesels couldn’t be worse but dust always settles eventually even after the biggest storm. What kept diesels alive for very long time, which is better efficiency ratio vs gasoline engine is not going anywhere. Electric cars if they prevail will eradicate both internal combustion engine types but if they fail many would look back for another efficient solution and I wouldn’t be surprised by a cool headed conclusion there was nothing wrong with the diesel to begin with, you just need to develop it one step a time.
from QuickIDCard.com Blog http://www.quickidcard.com/newsroom/diesel-bumpy-ride/
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2005 jeep liberty insurance rates
2005 jeep liberty insurance rates
2005 jeep liberty insurance rates
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2005 jeep liberty insurance rates
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2005 jeep liberty insurance rates
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