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Urban Culture and Affairs: Let’s Set a New Direction of Flow

What is Flow and Contra-Flow? 

Author: Briyana Kelly

Date: Sunday, January 21, 2018 11:58:16 PM CST

Subject: What is flow and contra-flow? What is meant by ethno-mediascape?

Flow is how communication and media networks attempt to hold their audience from one program to another; or even from a segment in the program to the next segment. In summary, how the constituent consumes media across networks or from programs. Contra-flow is the movement of culture brought to another place through an migrant (diaspora)  which moves the flow of media in the opposite direction of just flowing from the west to the rest of the population, making it a two way movement. Ethno-mediascape is a type of global cultural flow, mediascape is communciations media as a whole and ethno is simply ethnics. In summary, ethno-mediascape is ethnic communications media as a whole.

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Author: Briyana Kelly

Date: Monday, January 22, 2018 12:05:28 AM CST

Subject: How does flow and contra-flow contribute to the emerging ethno-mediascape?

Flow and contra-flow contributes to the emerging ethno-mediascape by creating diversity in the market from ethnic cultural groups directly, other than media and communication that is disseminated by outside sources. It allows other cultures to build their own communications commodities that reflect their culture and gives them the power to tell their own story including inform their fellow members who may have relocated nationally. It gives constituents a direct connection which is a major key in relations to how flow and contra-flow contributes to ethno-mediascape. This is also great because it’s great for representational value dealing with other ethic cultural groups.

 Why am I igniting this conversation? 

Well as you know, I’m building my credibility as a Social Scientist and Engineer, so it’s only right that I share my research. I’m currently studying Global Media and Informational Flow with my Professor, Dr. Deborah James, at Governors State University.  

My interest in Media Studies is from never seeing an accurate portrayal of my identity and culture. I want to help move Urban Culture forward scientifically and dis-spell all of the misconceptions of who I am in the world. As an Urban Citizen I didn’t get into institutional studies to be socially reformed, I admitted myself to socially reform those who share their perspective of the African Diaspora globally based on their assumptions of who we are.  I think we need to focus on glocal conversations in the dominant aka global media flow.

 Source:

Thussu,Daya Kishan. (2007)Media on the Move: Global flow and contra-flow.New York, NY. Routledge.

 

Cultural Comparison

Cultures are dynamic,and we cannot understand a relationship by only looking at two individuals’motivation, action, and behaviors (Flores, Martin, Nakayama).

Martin, J. N.,Nakayama, T. K., & Flores, L. A. (2008). Thinking about intercultural communication: dialectical approach to intercultural communication. In Readings in intercultural communication: Experiences and contexts (pp. 3-12). Princeton,NJ: Recording for the Blind & Dyslexic.

Mexican Culture and Chinese Culture

I visited a few cultural spaces this semester, and I was able to observe natural sociocultural in these spaces. I’m going to compare and contrast  two cultural spaces and time by music, foods, language, what I observed them do to past time, family, arts and craft.

Cultural Celebrations and Beyond

Mexican Culture

Cultural Artifact from tour 

When it comes to Mexican cuisine, it seems to always be filled with spices, especially hot spices for some Mexicans who hold true to their “roots”. Even some of their candy is spicy. While at the restaurant in Little Village, the cashier explained to me how spicy the Mexican hot chocolate was. She explained to me that the chili powder added is what makes it spicy. To my surprise, it was really good and fulfilling. It had a tingling spice to it, kind of like mint when fresh.

Mexican Spices
main spices 
Image result for what's in mexican hot chocolate
Mexican choices of fruits 

Their popular sauces are moles, which I learned is also a traditional base, it’s also referred to as mole poblano. According to the Mexican Food Journal, the popular Mexican salsa recipes are:

Tamales are another popular food of Mexican culture, along with tacos, enchiladas, their fresh tortillas chips and tostadas.

Mexican hot sauces 

 Mexican Day Parade, took place on September 9th this year. 

“The Mexican Day of Independence from Spain is September 16 (not May 5) (Gonzales & Rivera, pg. 165).” It’s assumed that Mexicans celebrate independence on Cinco De Miyo, which is May 5.


González, A., Chen, Y., &Willis-Rivera, J. (2016). Hispanic heritage month: not for members only.In Ourvoices: Essays in culture, ethnicity, and communication (6th ed.,pp. 165-173). New York, NY: Oxford University Press.

Family is very important to the Mexican culture. It’s a main focal point of their life.  They’re interdependent of their members across generations (González, A., Chen, Y., &Willis-Rivera, J., 2016).

Touch, affection, and greeting rituals are means of affirmation. In the Mexican American family, the formality given to greeting rituals is intended to keep both familiarity and distance.


González, A., Chen, Y., &Willis-Rivera, J. (2016). The rhetoric of la familia  among Mexican Americans. In Our voices: Essays in culture, ethnicity, and communication (6th ed.,pp. 165-173). New York, NY: Oxford University Press.

In spite of social and historical differences, there is a sense of cultural commonality among the societies of Central and South America, Mexico, and the Caribbean. The latter can be seen in aspects of social life as diverse as literature, music, television, political rhetoric, and oral storytelling.


González, A., Chen, Y., &Willis-Rivera, J. (2016). The cultural experience of space and body: a reading of  Latin America and Anglo-American comportment in public. In Ourvoices: Essays in culture, ethnicity, and communication (6th ed.,pp. 165-173). New York, NY: Oxford University Press.

While I was walking through the community, I noticed most families were with multiple family members. Some sets were made up of a daughter, grandmother or older aunt. It was a son and mother couple at the street food cart, they were purchasing fruit with cayenne pepper sprinkled on top. They were standing in close proximity of one another. The mother at one point leaned over to communicate with him. bending over speaking very close in his face. She didn’t seem upset but it was a personal relational act.

I spoke to everyone, and they were distant but they spoke and went right back to their task. I noticed churches that resembled roman catholic religions. I listened to them speak in Spanish and coming out of one of the retail store where there were cowboy boots being sold, was Spanish music. They were selling figurines of Elmo, Winnie the Pooh, and other American characters favorable to children.  This expressed their Mexican American transnational culture.

La Famila Among Mexican Americans
BK (I), in front of the Little Village Arch 

Chinese Culture

Chinese Lunar New Year 2018 started February 16, 2018. They had a Chinese Lunar New Year Dinner on February 20th  and a parade  on February 25th of 2018(Chicago Chinatown Chamber of Commerce).

While strolling through, I didn’t notice any street food carts or people vending on the streets, as I did in Little Village. Most merchants had storefronts where they sold their miscellaneous products such as vases, oriental glass items in the shape of pigs, cats, elephants, and china women.

According to China Highlights, the most popular dishes you should want to try is in Chinese Cuisine:

  • Sweet and Sour Pork
  • Kung Pao Chicken
  • Ma Po Tofu
  • Wontons
  • Dumplings
  • Chow Mein
  • Peking Roasted Duck
  • Spring Rolls

Cantonese cuisine is very popular in Chinatown. I spotted over 10 Cantonese restaurants.

spring rolls
Spring rolls 
dumplings
Dumplings 
Image result for Chinese Spices and herbs
Chinese herbs and spices 
Let’s talk family, values, and acts.
Mandarin Character that represents “family”

Chinese ethical values are based on how man should live life. They highly value their traditional and national value.In my video you can see a purple sign that reads K-Pop, the east side of Wentworth. If you didn’t know what street that was, now you do. So go check out some K-pop in Chinatown. K-Pop has been flowing, and is proof that Chinese are proud of Asian culture.

Chinese sell and use a lot of herbs. When I visited the stores, majority of them including the restaurants sold green tea and ginger root.  Arcana, the store I purchased sprilulina and ginseng from, was stocked with raw, dried, and liquid herbs. All products were in mandarin language with slight translations in English, except the lottery sign. Inside the store it was a small group. They seemed like family; it was two middle-aged Chinese women, two little girls, and a little boy. The two women were talking and looking at a product, while one of them were holding it for review.

My partner and I dined at a Cantonese restaurant called Emperors Choice. We ordered crispy green beans vegetables with mushroom and garlic sauce, spring rolls, egg rolls, and hot sake. Sake is a Japanese but it’s popular in Chinese culture, as it was available at the Cantonese restaurant as a beverage choice.  The food was filled with authentic Asian spices. They served us hot tea, which is a Chinese known drink, herbal green tea.

Sake being served warm in traditional canister 
Sake chilled 

I reflected culture while being still, I realized that they dine with family to past time. Definitely not the only way but seemingly one of them. It was a big group of about 10-13 members, the eldest member being a grandmother. The youngest was a baby between the ages of 1-3 years old. They were in a tight group in close proximity with one another.

What do both cultures have in common?

They share the same perspective values in their human kind.  Family is important to them, business, historical and ideological culture too. They came to Chicago and made it home, through local renaissance movement, flowing their roots wherever they migrate to. They create expressions that reflect their ethnic, social, and culture values. Never losing what makes them special in this “race” of human communication, sharing elements.

The obvious differences.

They share English language and have different traditional languages; Mexican Americans speaking Spanish, and the Chinese Americans speaking mandarin. This automatically gives them their own space for authentic cultural differences in music.

References

The 8 Most Popular Chinese Dishes, Traditional Chinese Food. (2016, March 25). Retrieved from https://www.chinahighlights.com/travelguide/chinese-food/eight-chinese-dishes.htm

Chicago Chinatown Chamber of Commerce. (2018, February 2). 2018 Citywide Lunar New Year Events. Retrieved from https://chicagochinatown.org/lny2018/

Cullen, D. (n.d.). Authentic Mexican Salsa Recipes. Retrieved from https://mexicanfoodjournal.com/category/salsa/

Fruitsheet | Pepper. (n.d.). Retrieved from http://www.pepper.ph/peppers-english-filipino-cheat-sheet-fruits/fruitsheet-2/

González, A., Chen, Y., &Willis-Rivera, J. (2016).  In Ourvoices: Essays in culture, ethnicity, and communication (6th ed.,pp. 165-173). New York, NY: Oxford University Press.

https://www.thegreatcoursesdaily.com/spice-up-your-meals-with-the-mexican-flavors/. (2018, April 5). Retrieved from https://www.thegreatcoursesdaily.com/spice-up-your-meals-with-the-mexican-flavors/

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Philosophy of Interpersonal Relationships and Small Group Communication

My motivation for this project is because I want to be a better communicator; and in order to redefine my self, in private and public dimensions, I think it’s important to establish my foundation in ethics, for human and communication development.

This research is important because it will give me the power to ground my skills as a Communication and Media Specialist, with a newly chosen specialty: law, ethics, & acts. Ma’at is universal law in my culture, and I want to help create theories that deal with unethical behavior in personal relationships.  It also helps me develop my group communication skills. As a Scholar, I want to be active by developing training programs for organizations and institutions; maybe even helping private-personal relationships with interpersonal skills.

Rollo May 

Foundation of Ethics Theory

Interpersonal communication is the process of message transaction between two people to create and sustain shared meaning; sharing a meaning is a means to creating together through the use of verbal and non-verbal messages.

Duck,S., & McMahan, D. T. (2018). Communicationin everyday life: a survey of communication(3rd ed.).Thousand Oaks, California., California: SAGE Publications, Inc.

Condon’s Interpersonal Ethic Potential Guidelines

Be candid and frank in sharing personal beliefs and feelings. Ideally, we would like no to mean no; a person who does not understand to say so; a person who disagrees to express that disagreement directly.

  1. In groups or cultures where interdependence is valued over individualism, keeping social relationships harmonious may be more ethical than speaking our minds.
  2. Information should be communicated accurately, with minimal loss or distortion of intended meaning.
  3. Intentional deception is generally unethical
  4.  verbal and nonverbal cues, words, and actions, should be consistent in the meanings they communicate.
  5. Usually it is unethical to block intentionally the communication process, such as cutting off persons before they have made their point, changing the subject when the other person obviously has more to say, or nonverbally distracting others from the intended subject.

John Condon explores a wide array of ethical issues that typically emerge in interpersonal communication settings: candor, social harmony, accuracy, deception, consistency of word and act, keeping confidences, and blocking communication. ( pg. 137, para. 2)

Johannesen, R. L., Valde, K. S., & Whedbee, K. E. (2008). Ethics in human communication(6th ed.). Long Grove, IL: Waveland Press.

Contextual Interpersonal Ethic

Concrete guidelines are necessary to make ethical decisions but it’s OK for us to remain flexible in simultaneous contextual demands of the moment.

Proposition One: 

we must be open to information reflecting changing conceptions of self and others, but such openness does not imply agreement with those changes, only an attempt to understand the other’s perceptual world.  We should also be sensitive to our own and others’ role responsibilities in concrete situations.

Proposition Two:

the self actualization or self fulfillment of participants should be fostered if at all possible; but the “good” decisions may require sacrifice of something important to one or more participants.

Proposition Three:

we should take into account our own emotions and feelings, but emotions can’t be a sole guide for behavior. At times the “good” response or action requires doing what does not feel good.

An Ethic for Interpersonal Trust

Trust is central to both public and interpersonal communication. A minimal level of trust is required among the participants. Humans are essentially good by nature, there are realistic limits and constricting circumstances that most of the time limit achievement of ideal human potential.

An ethic that increases our trust in each other is desirable because our own trust of others tends to stimulate their trust of us, because our own self image can be improved, and because our psychological  health is nurtured.

Three Ethical Guidelines

Actively attempt to extend our trust of those around us as widely as possible.

  1. “Our trust should be tentative”, offered a little at a time, and we should clarify to to others “what we are risking, what we are counting on them to do or be, and what we expect to achieve”
  2. Trust should not only be given but it should also be earned. “An act of trust is unethical unless the trusted person is trustworthy; it takes two to trust one.”

An Ethic for Everyday Communication

Whether to exchange information or to attempt influence , communication is to be adequate (pg. 139, para. 1). Participants contributions should be appropriate for the purpose and frame of conversation (pg. 139, para. 1).

Quantity: contributions should present as much information advice, or argument as is required by current purpose of the conversation but should not present more than usual.

  • Quality: try to make your contributions true; do not say what you believe is false and do not say anything lacking an adequate basis of evidence
  • Relation: be relevant, taking account of the facts that participants may have different standards of relevance and that topics often shift during a conversation
  • Manner: Be clear, brief and orderly; avoid intentional ambiguity and obscurity of expression.

Unfair Tactics in Verbal Conflict

Disagreements and conflicts are a normal part of everyday life, in interpersonal and intimate settings. In situations where at least one party may be emotionally vulnerable, individuals often affect each other in direct and powerful ways.  When you are a receiver, in such a situation, decide to respond by expressing strong disagreement, there are some “unfair” tactics of verbal conflict you may want to avoid because they ethically responsible. (pg. 139)

Avoid monopolizing the talk with the intent of preventing others from expressing their own opinion.

  • avoid entrapment in which you lure someone into saying something that you intend to use later to embarrass or hurt him or her.
  • avoid verbally “hitting below the belt” by taking unfair advantage of what you know to be the other person’s special psychological vulnerability.
  • avoid stockpiling or accumulating numerous grievances so that you can overwhelm the other person by dumping complaints on him or her all at once.
  • avoid dragging  in numerous irrelevant or trivial issues and arguments in order to pile up an advantage.  (pg. 140)

Individual Responsibility in Relational Communication

“For there to be freedom to converse intimately with another person, each party must take responsibility for communicative behavior.” “Disclosing personal thoughts, feelings, and speaking freely in a relationship are rights, not obligations.” “To allow viable associations to develop, intimates should acknowledge limits in their communication and respect each other’s separateness.”

Openness should have limits. There should be a “freedom to be open without the compulsion to be ‘transparent’ ……Truth-dumping and burdening another with personal affairs” may be harmful. Self disclosure may restrict the others choice by creating an expectation or duty to reciprocate. Unrestrained blanket honesty “evades personal responsibility for the effects of one’s statements”

  • Privacy is essential in interpersonal relations and includes both the right to exclude other persons and a recognition of the other’s right to privacy. The distinction between privacy and secrecy is important. Privacy usually protects behavior that is morally neutral or positively valued. In contrast, secrecy usually hides something viewed negatively by self and others.” Misevaluation could occur if a legitimate right of privacy is asserted by a person but others perceive it as devious or deceptive secrecy.
  • Protection is essential for individuals to tolerate the vulnerability accompanying intimacy.  The extremes of excessive protectiveness and total expressiveness of feelings both may be harmful to the relationship. Intimates become aware of each other’s most private thoughts, feelings, and behaviors, so they usually gain knowledge of sensitive, hurtful issues.
  • Deception whether white or black sham, has consequences that require individual responsibility. Duplicity is a necessary element in social life and “deceit that is unethical or bad.” “With the “intentions motivating the behavior” as the crucial determinant, to determine if what sham is at times necessary to protect others and allow us to get along with them.” “Whereas black sham is exploitative and destructive fakery used to take advantage of others, undermining the relationship. (Pg. 141)

Keeping the Conversation Going

This view is applicable to interpersonal communications, public discourse, organizational communication, and mass communication. Genuine conversation aims at “creating mutual understanding through open formation of experience”; genuine conversation should be “responsive to the subject matter of the conversation and at the same time help establish conditions for future unrestrained formation of experience”—future minimally constrained communication (pg. 141, para. 2); it can also be blocked or distorted, either occasionally or systematically, through a variety of unethical communication practices, practices often reinforced by unquestioned institutional and societal assumptions.

Freezing Participants involves using stereotypes, hardened categories, or frozen labels that shut down or constrict conversation by ignoring individual differences and potential for personal change. Viewing a person as an It or an object strips the person of humanity and lessens the obligation to respect that person’s rights and character. Or dismissing someone’s  view with examination simply by labeling the person as racist, sexist, homosexual, Pro-Life or Pro-Choice constricts the possibility of genuine conversations.

  • Disqualification centers on rules or norms that determine who has a right to speak on a subject. Societally formed ideas of “expertise, professional qualification, and specialization” often are used to dismiss a person’s views or disqualify the person from speaking. To dismiss a person’s idea automatically without examination simply by asserting that “you’re no expert”, or “you’re merely an amateur”, or asking ” what right do you have……?” may block genuine conversation.
  • Naturalization, “one particular view of the subject matter”, from multiple plausible ones, is “frozen as the way the thing is.” Multiple viewpoints or potential for alternatives can be narrowed to one assertion or assumption about the way things or persons “naturally” are fixed or unquestioned. Unchallenged statements such as “that’s just the way” that women, or blacks, or Jews “are,”  function to undermine genuine conversation.
  • Neutralization “refers to the process by which value positions become hidden and value-laden activities are treated as if they were value free.” Dismissal of a position as a “threat to progress” may be taken as a factual description without thought concerning the often competing values embedded in differing notions of “progress”
  • Topical avoidance centers on norms in the relationship or group that prohibit ” the discussion of some events or feelings.” Conversation is forced to “go around and leave out” taboo topics and thus valuable discussion of conflicts, emotions, priorities, and perceptions often are denied to participants.
  • Subjectification of experience involves the dismissal or trivialization of another’s person view as merely “a matter of opinion” and thus so subjective and individualized as not to be appropriate for discussion on an allegedly more factual or reasonable level.
  • Meaning Denial “happens when one possible interpretation of a statement is both present in the interaction and denied as meant.” When you shout at another person during an interaction and yet proclaim that you aren’t angry, a “message is present and disclaimed; said and not said.” The burden of creation of meaning unfairly us shifted entirely to the listener, and you retain “control without responsibility.”  You might assert irresponsibility that the person should have known you were angry despite what you said to contrary.
  • Pacification occurs when messages function to avoid valuable discussion of conflict, problems, and solutions by downplaying their seriousness or discounting the capabilities of individuals to grapple with them. Issues are avoided by describing them as too trivial to warrant discussion or too monumental for us about them.

Ethical Responsibility and Interpersonal Influence

When we try to change our parents, friends, or significant other’s behaviors or attitudes, we are engaging in interpersonal influence.

Ethical responsibility

  • Unshared responsibility
  • abdicated responsibility
  • irresponsibility

Ross’s Prima Facie Duties

  • fidelity
  • reparation
  • gratitude
  • justice
  • beneficence
  • self-improvement
  • nonmaleficence

@DJNEPHETS is a Hometown Hero, check out his latest social mission.

I need everyone who reads this post to share it in support of Dj Nehpets.

He’s campaigning to bring awareness to Jukivist in Chicago and we need your help.

Jukivist is a state of mind. It’s an attitude towards life and how you respond to external situations, plus a lifestyle to live by to create harmony in the community.

We all understand that as people we can be tribal and find people who are like us.

Basically he’s saying that we all are one mind that think and move in love. And that’s what Jukivisim or Jukivist is about. Moving and speaking in love together.

Join DJ Nephets as he helps others create the change in our city by joining your great mind and spirit to build and grow together in harmony, the jukivist way!!

Calling ALL Performing Artist in the Chicagoland!!

Tax Seminar For All Performing Artists

Presented by River East Accounting

 

This FREE Seminar is for working “Performing Artist”. According to the IRS code, a performing artist is any one who makes at lease $200.00 per year and is reported on a W2 or a 1099. Performing artist include. Comedians, Musicians, Dancers, DJ’s, Singers, and in some cases promoters of events etc…. This seminar will be held Saturday, November 17th at 2:00pm at the “Under The Gun Theater” Please click here to order you FREE tickets for admission, and receive 25% off your 2018 taxes.

 

#BTS of @TarhondaJay & @JohnBlu “Roll All Dat” Short Musical Film Directed by @WillGates #ChicagoMusic

THIS IS A BACKDATED POST

Chicago

September 1, 2018

I was invited to hang w/ Tarhonda on set, at which turned out to be a 90’s House Party. Appearances were made by: Chella H, Shawnna, John Blu, Sean Dale, Cold Heart of Crucial Conflict; and a gang of Auburn Gresham and Simeon kids (you know it was more than just us there lol). It was a great party and video shoot, and everyone was beautiful with dope vibes. It’s always good to be around good people.

Here’s an edited short clip of the behind the scenes,works by Wilfred Spears of Open World Films.

https://www.instagram.com/p/BnSB_IIlw0z/?taken-by=1valid

More behind the scenes 

https://www.instagram.com/p/BnOoiesFLjX/?taken-by=johnblu_

Full Video Released and Published September 26, 2018

https://youtu.be/h3H8WUcgkmI

My clips 😊 of BTS

<<
ideo src="https://videos.files.wordpress.com/ZqFE5nin/img_2061.mov&quot; ]

Happy belated G day John Blu !

https://www.instagram.com/p/BpcBHhDFBme/?taken-by=johnblu_

cropped-artboard-3.png

From Civil Rights to Human Rights 💯

Letter From DR ANSARI: Office of the Dean-American Institute of Human Rights

October 20, 2018

WE HAVE JUST MADE A FORMAL FILING in the UNITED NATIONS GENERAL ASSEMBLY TO BE PLACED ON THE UN DECOLONIZATION LIST.

We are for real, for real.

Why? Because you/we live in racial colonies and have lived in a racial colony since the colonialist defeated our people in a racial war. Why? Because you do not have any worthy leaders who have a PLAN to dismantle the colonial grip that America has on us and our families. Voting for the “Lesser of the two evils” only means that you have voted for EVIL because you have not figured out how to DECOLONIZE. Why most of you do not know that you live in colonies because you call them Ghetto’s. Most of you never heard of BANDUNG because the White man does not want you to know HOW TO DECOLONIZE.

Mid-terms are important because of the aggressiveness of the racist but a LONG-TERM SOLUTION is the best plan. WE HAVE A LONG TERM SOLUTION FOR SELF-GOVERNMENT THAT WILL GIVE US BILLIONS OF DOLLARS TO FIX OUR MESS.

The Civil rights people cannot help you, Your Minister or Pastor cannot help you because THEY DONT KNOW HOW.

You have been lied to and sold out by your sub-leaders. I said sub-leaders because they are sub-ordinate to a WHITE RACIST POLITICAL COLONY. A Black Democrat or a Black Republican is a WHITE NATIONALIST. They are patriotic to an idiotic degree. We must do for self. How can we be patriotic to a nation that has designed legislation, courts, police and a system that kills us, imprisons us, gentrifies us, and ridicules us?

You are the victim of the Black sub-leaders who does not know how to deal with the White racial identity politicians that are programmed to keep you COLONIZED.

You want freedom? You have to break out of the Colony.

You want a better education for your Children? You have to break out of the Colony.

You want more income, safe neighborhoods, YOU HAVE TO BREAK OUT OF THE COLONY AND BUILD YOUR OWN POLITICAL STRUCTURE.

We invite you to a CONFERENCE OF THE REST OF YOUR LIFE. We are going to teach you about HOW TO DECOLONIZE.

Come and listen to the Human Rights approach for the 21st Century tomorrow Sunday October 21, 2018 at 1:00 P.M EST and Sunday October 28th, 2018 at the same time.

Recap of Human Rights Webinar

 

 

PLEASE SHARE WIDELY

Analysis: Laquan McDonald’s Aggressor has been Convicted of 2nd Degree Murder and 16 Counts of Aggravated Battery with a Firearm;but not Guilty of Official Misconduct of Office

For 3 years, I watched my peers fight for justice throughout the city and they have finally been served what they asked for: A CONVICTED MURDER.

On Friday, the ex-Officer, Van Dyke was found guilty of second degree murder and 16 Counts of aggravated battery with a firearm; for every bullet he fired into Laquan’s Estate (body), as adduced by the judge. He was found not guilty on official misconduct of office. Dyke’s bond was revoked and sentencing has been scheduled for October 31.

Three officers have been charged with conspiracy, obstruction of justice, and official misconduct: Officer Thomas Gaffney, former Detective David March, and ex-officer Joseph Walsh (Van Dyke’s partner). Prosecutors alleged that the three lied in reports about 17-year old, Laquan McDonald, being a threat October 20, 2014.

This is a victory not only for the city of Chicago but for Black America. I learned a lot from my peers and their journey in fighting for justice for Laquan. I learned that we don’t have to agree on everything but what we do agree on is we want change for ourselves and community; we can accomplish a great deal when we stand up for what we believe in and that we are here to make change.

What they have done for the city is remarkable: Mayor won’t be running for second election, superintendent was fired, and local prosecutor lost her bid for reelection, as reported by NY TImes. They are working on upcoming elections, Black Caucus and the morally corrupt alderman(s).

Looking Forward to Sentencing, logically.

I am happy for the verdict and my peers, but “we” must be logical about how he was convicted and not emotional about the ordeal. I performed some research on criminal laws and doctrines related to the case. I also critically examined the communication disseminated by media.  

I am not a lawyer nor a judge. I am an independent journalist and scholar, my duty and responsibility is to examine cases critically with logic and supporting facts.

Breaking it down, charge by charge.

According to the Illinois State Laws, second degree murder carries the sentencing between four (4) to twenty (20) years and is charged as a Class 1 felony. Depending on the leniency of the judge and the circumstances of the crime, a four-year probation term instead of prison may be an option. The maximum fine is $25,000 plus a surcharge of $3,125. Upon release from prison, there is a mandatory two year parole period.”

In regards to the aggravated assault and battery, according to the Illinois General Assembly, if committed with a dangerous instrument, it is defined in subdivision as a Class X felony which a person can be sentenced to imprisonment a minimum of 6 years to a max of 45 years.

Excerpt from Illinois General Assembly

 

Aggravated battery as defined in subdivision (e)(1) is a Class X felony.

   Aggravated battery as defined in subdivision (a)(2) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 6 years and a maximum of 45 years.

   Aggravated battery as defined in subdivision (e)(5) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 12 years and a maximum of 45 years.

   Aggravated battery as defined in subdivision (e)(2), (e)(3), or (e)(4) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 15 years and a maximum of 60 years.

   Aggravated battery as defined in subdivision (e)(6), (e)(7), or (e)(8) is a Class X felony for which a person shall be sentenced to a term of imprisonment of a minimum of 20 years and a maximum of 60 years.

   Aggravated battery as defined in subdivision (b)(1) is a Class X felony, except that:

       (1) if the person committed the offense while armed

    with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;
       (2) if, during the commission of the offense, the
    person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court;
       (3) if, during the commission of the offense, the
    person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.


Illinois One Act, One Crime Doctrine

Former Will County Prosector, Jack Zaremba’s Law Office statesa criminal defendant can only be convicted of one crime that corresponds to a particular action, even if that action could constitute more than one offense.”

Which means that he will be sentenced for both charges; possibly serving the minimum imprisonment time or probation; the 16 counts of aggravated battery not holding much weight, can be combined and considered one act for sentencing. Let’s not forget this is a first offense for him and that we must consider if the judge will be lenient or not.

His time will more than likely not be consecutive but concurrent.

In Closing

Kevin Graham, president of the Chicago Fraternal Order of Police, says the conviction will be appealed. 

Did we really get justice?

Citations

Illinois Assault and Battery Laws. (n.d.). Retrieved from https://statelaws.findlaw.com/illinois-law/illinois-assault-and-battery-laws.html

Illinois General Assembly – Illinois Compiled Statutes. (n.d.). Retrieved from http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K12-3.05

Illinois Second Degree Murder Laws. (n.d.). Retrieved from https://statelaws.findlaw.com/illinois-law/illinois-second-degree-murder-laws.html

One Act, One Crime Doctrine. (n.d.). Retrieved from https://zarembalawoffice.com/blogs/one-act-one-crime-doctrine