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New Braunfels Herald-Zeitung (Newspaper) - February 6, 1987, New Braunfels, Texas Opinions Dave Editor wd Publisher Jim Managing Editor Page 4A New Texas 1987 Editorials Good time what the jury intended Disparate sentences assessed recently by Comal County district court juries arent confusing at as it what the traffic Prosecutors like our own District Attorney Bill Schroeder are hamstrung in some cases and must take what they can More to the even sentences that make victims feel long prison terms for violent arent really what they look like when they shout from Dallas County District Attorneys office provides the unset tling figures As readers can a sentence that seems to fit the crime in the de jour sense isnt at all what you might think it is de Put yourself in the place of Comal County DA Bill You have a defendant who likely will not serve any where near the prison term you might get through a cost ly and perhaps unsuccessful But on a plea a nasty word in any prosecutors you can be assured of at least some hard time for this Keep in that we daily read reports about how many people we must let not put in prison to keep Judge William Wayne Justice off our correctional systems For a the whole affair is There are thieves and habitual assailants who are literally on a first name basis with law enforcement This is a sad And now Texas State Teachers Association op poses using some of its plethora of retirement funds to build new The correctional system part of criminal justice is a at least in many No one wants to go to but if youve been there before and know how to play the game you tend to think in terms of If you figure a twoyear sentence will mean three months in jail at state its almost like a paid vacation to a veteran Its a sorry state of to be but until we as citizens make a committment to paying for what we need in the way of prisons and creative correctional alternatives for nonviolent we will be faced with the same pro blem time and The chart below shows likely actual time served vis a vis sentences The figures assume an inmate becomes a trusty while in TDC and accrues good The sad part is that that good time inside the joint should have been manifested We need to make sure we know the dif ference and those who prey on honest people dont take ad vantage of Sentence Parole Eligibility 2 7 days 3 26 days 4 IS days 5 3 days 21 days 7 16 days 8 0 28 days 9 2 18 days 10 4 6 days 20 8 18 days 30 2 0 days 40 4 27 days 50 9 3 days 60 Years to o 10 days Your Representatives Bill Clements Governors Office State Capitol Texas 78711 Lamar Smith United States House Of Representatives 509 Cannon House 20515 Lloyd Bentsen United States Senate Room Russell 20510 Phil Gramm United States Senate 20510 State Judith Zaffirini Capitol Station Box 12068 Tex a 578 11 The President of the United States The White House 1600 Pennsylvania 20500 William Sims Capitol Station Box 12068 Texas 78711 State Edmund Kuempel Texas House of Representatives Box 29io Texas 78769 Mac Sweeney Guadalupe County United States House of Representatives 17l3Uongworth House Off ice 20515 ws LWINS THE SMIF 1 James Kilpatrick LEAVES ANP federalism and whats obscene WASHINGTON In this bicentennial year of the we will be hearing a lot about and a lot of what it used to But out in to judge from a recent court case the doctrine is alive and The case involved a raid by police on an adult bookstore in Officers seized almost the entire inventory of the including 73 142 paperback books and nine The stores Earl was charges with possession of obscene material in violation of a state A jury found him and the trial judge sentenced him to 60 days in jail and a fine of A couple of weeks ago the case reached the Supreme Court of There the conviction was overturned and Henry was The in teresting point is that the case turned not on the Constitution but on Oregons state constitu The Constitution proscribes any law abridging freedom of speech or the Ar ticle Section 8 of Oregons constitution is much It says that No law shall be passed restraining the free expression of or restricting the right to write or print free ly on any subject whatever but every person shall be responsible for the abuse of this The statute under which Henry was convicted was drafted to meet standards established by the Supreme Court in what is known as the Miller under this material is obscene if 1 it depicts sexual conduct in a patently offensive 2 the average per applying contemporary state would find the taken as a appeals to a prurient interest in and 3 taken as a the material lacks serious ar political or scientific By these the evidence seized at Henrys store was plainly obscene as a matter of federal The Oregon Supreme Court was not concerned with federal law or with the First Amendment to the The court looked to state history to determine if obsceni ty had been regarded as an exception to freedom of expression when Oregons bill of rights was promulgated in Oregons the brought with them a diversity of highly moral as well as irreverent We perceive that most members of the constitutional convention of 1857 were rugged and robust individuals dedicated to founding a free society unfettered by the govern mental imposition of some peoples views of morality on the free expression of In Oregons pioneers intended to protect freedom of expression on any subject including the subject of What is obscene under the Supreme Courts Miller test is not obscene in In this state any per son can show or sell anything to a consenting adult even though that expression may be generally or universally con sidered The court made it clear that obscenity might lawfully be regulated in the interests of unwilling captive audiences and Presumably the producers and participants engaged in making sexually explicit films could be The nuisance aspect of such material could be but obscene ex pression may not be punished in the interest of the uniform vision on how human sexuality should be regarded or Rex a Portland attorney who represented Henry before the Oregon Supreme says that the free speech and free press clauses of the Constitution have become almost irrelevant in Relying upon the state Oregon courts have held that the state cannot zone bookstores and theaters on the basis of content of cannot pro hibit sexual conduct in a live public and cannot prohibit nude dancing and similar ex pressive conduct in establishments that sell li State constitutions until recently have been relegated to the dusty attics of the It is as if they had no function beyond defining the struc ture of state On questions of in dividual rights and criminal federal courts and the Constitution have reigned But just a year ago the Washington state con stitution figured significantly in a case involving an establishment of Other such cases keep cropping My own thought Is that nude dancing In an Oregon saloon stretches the very limits of the free expression of but so be Diversi ty is what federalism is all Analysis Immigrants give more than they take By DAVID SEDENO Associated Press Writer Texas AP Central Americans put more into the United States economy than they take panelists at a symposium on Central American migration The Krost which con tinued today at Texas Lutheran Col has attracted immigration of researchers and church officials who discussed the plight of Central Nestor a sociologist at the University of said his twoyear research on illegal im migrants indicated they have a positive impact on the He said there are about native Hispanics in the Houston area along with Centra Americans and another il legal aliens from They are taking up housing that otherwise would have been left va There are signs that f i no free English Rodriguez Instead of undocumented maybe they ought to be called un documented James who works with Central Americans in Los said there are about Salvadorans and Guatemalans in that He said they add dollars and culture to the They contribute much more to the economy than they They pay more to taxes Stephen an economic policy analyst with the Heritage a Washington based think agreed that the United States benefits from illegal Immigrants dont take They make jobs when they go to the store and spend he Moore said that in 1985 he ques tioned 50 prominent economists and that 82 percent said im including Central had a favorable impact on the United States and 12 percent said the impact was very He said 75 percent responded that the immigrants have a positive economic effect on the United He said there are between 2 and 5 million illegal aliens in the United despite higher Most of the Central Americans have blended into communities in Los San New York and panelists John deputy district direc tor of the Immigration and Naturalization Service office in San said debates over legal and illegal immigrants envoke a lot of emotional I fail to see any significant im adverse or from Central Americans as opposed to any other he Everyone has similar human In an earlier Jeronino a Guatemalan turned down for political said he feared returning to his country because of death He also said foreign policy in Central America must Economic assistance is not the answer because that economic assistance is going to go to the peo ple in be The only change we can expect is a better policy to the people of Security than they Loucky MV FOR6ISN AM I IRANOR60UN6 ARMS
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