CIMA Law Group Blog

Enough

Warning: Sensitive topics ahead.

I am reminded once more that I live in a country where I might have to one day tell my children “in case a school shooting ever happens, try covering yourself in blood to play dead.”

I say this because in the wake of the Uvalde school shooting that took the lives of 19 children and 2 adults, one of the more harrowing stories I heard was of a fourth grader who was forced to smear herself in blood and act dead just to survive.

That very scenario that seems incredulous for me to have to explain to future children happened; and no child should ever have to be put into a situation like that.

Another story I heard was of a first responder who arrived at the school in an attempt to administer aid. He was approached by a young girl also stained in blood, inconsolable with shock. When he asked her if she was hurt, she could only say that her friend had been killed and the name she uttered was that of the first responder’s daughter.

I recount these stories because they are still difficult for me to sit with or even type out. They evoke such an emotional torment because they blemish none of the harsh reality of the situation and force me to empathize with it, to try in any capacity to imagine myself in that situation.

I do believe we have a tendency to think of the suffering of children as something that happens outside the US, somewhere other than our own lives. We see the news of children dying in Syria or Ukraine and, despite a history of school shootings here at home, feel some degree of detachment.

But these stories remind us that children are being put in the line of fire here in the United States. There was nothing they did wrong nor nothing they did to deserve this reality, but the naked brutality of hearing these accounts and the feelings of frustration, shock, grief– but above all, guilt– guilt that we could allow such a story to happen and have to be told again and again is is a burrowing shame that we must act to correct.

Gun Rights lobbyists such as those of the NRA provide massive funds to Texas lawmakers, with Senator Ted Cruz taking in $442K from these groups. State Rep. Tony Tinderhol claims any immediate gun legislation would be a “knee-jerk reaction”, while Governor Greg Abbott only addresses the mental health aspect of the school shooter and shifts blame from the firearms themselves.

Of course, I think a lot of us are aware of these reactions and of the gun culture within the United States. The debate over gun rights has been highly politicized but the action taken towards it has been highly apathetic. I was at work the day after the shooting when I overheard someone say that it’ll be the same thing, lawmakers will tweet something but do nothing about it.

And perhaps that’s that cycle of things. From Sandy Hook to Columbine to Ulvaldle, we go through this moment of anger and pressure to believing the mass murder of children exists beyond our borders. Those shootings become memories, something we look back on as a page in history books.

But all those school shootings are not a thing of a past– Sandy Hook, Columbine, Ulvadle, and the countless others exist as our present reality and as our future–

And I do not want a future where I would have to see my child cover themselves in blood just to survive a day at school.

If hearing stories like these makes you feel the same way I do, channel that frustration and pain into action. Contact your representative, write to the NRA, make the government work for us so that this shooting does not become another swept memory.

This blog post is part of the CIMA Law Group blog. If you are located in Arizona and are seeking legal services, CIMA Law Group specializes in Immigration Law, Criminal Defense, Personal Injury, and Government Relations.

When will common sense gun legislation get enacted?

H.R 1446 also known as the Enhanced Background Checks Act of 2021 would require firearm purchasers to wait a minimum of 10 business days before receiving their weapon. The current law allows for three days to conduct a background check, which does not allow the F.B.I enough time to thoroughly examine the influx of background check requests. This was the case in Charleston, South Carolina when a white supremacist tragically shot up a church known as the Charleston Church Massacre. In light of the Rob Elementary School shooting that tragically transpired in Uvalde, Texas. This bill got put on the legislative calendar to be voted on.

In order for gun legislation to pass either Democrats need to vote to end the filibuster, or Republicans need to support more expansive gun control measures. This bipartisan gun bill will not solve all of our problems, but it is the start of meaningful reform.

This post is a part of the CIMA Law Group blog. If you are in the Phoenix area looking for aid in criminal defense, personal injury, or immigration, contact CIMA Law Group today to get your worries squared away.

Uvalde School Shooting

On Tuesday morning an elementary school was attacked by an eighteen year old gunman. It was said that the man fired several hundred rounds during this shooting. This has become known as the deadliest school shooting in Texas history with nineteen students and one teacher being killed.

The public has been very vocal about their concerns for the police protocol at the time of the attack. The officers were said to have encountered the man at 11:44 a.m. However, it took about an hour to force their way in and shoot him. There were no officers outside the school therefore, the shooter was able to walk right in without any stops.

The Police Chef wanted to ensure it was clear that there were officers who responded immediately. However, when they entered they were shot at and injured which led to them needing to call for backup. When they called for backup warned the officers to wear protective gear like body armor and ensure they had a better plan when entering the building.

Those who survived are now stuck with the trauma of this experience. Many of these young children are now expressing their fear of having to go back to school. After interviews with these young children, none of them want to go back in fear of dealing with this again.

Social Media and Its Effects on the Justice System

It is no secret that the world of social media has its own impact on everything in the times we are living in now. But how exactly does social media effect the justice system?

In an article from La Trobe University on social media and fair trial, social media puts the practice of the right to a fair trial at risk. When jurors, for example, use social media and inherit more information, whether it be factual or not, it intervenes with the concepts of open justice and the “opportunity to address all material considered by the jury when reaching its verdict”. Simply put, if a juror is obtaining further information about the case that is not being presented in the court room for all presiding bodies to hear and/or rebut, there is room for the juror’s opinion to be further influenced in ways it may not have previous to them hearing these details.

We are able to see examples of this currently with the case of Johnny Depp v. Amber Heard. In this current case, Depp is suing Heard for $50 million over the defamation of him in a previous article she wrote for The Washington Post in 2018. The article does not mention Depp’s name but alludes to him. In this case, the impact of social media is huge. For starters, because it has to do with a public posting, everyone involved in the case is able to see what the allegations are over. Secondly, because of the publicity that this case has brought, jurors who are on any social media platform are able to see postings about the case that may skew their personal opinions, creating room for bias in the trial and inevitably leading to an unfair judgement of either party.

The inconsideration of social media’s effects on pretrial publicity can have its own constitutional entanglement with the Sixth Amendment. In a defendant’s right to a fair trial, this includes the ability to motion a change of venue due to acts such as pretrial publicity for the possibility of having a biased jury pool. If the court is unwilling to take into consideration that like other biased media, such as the news, social media is also full of opinions thus making the information found on it likely to be untrue and/or biased. Then, it may bring up situations where social media is not considered into media bias, making defendants unable to get their motion for change of venue granted.

The drastic effects that social media has brought with it can not only help those to cultivate, but can hinder the process as well. As social media continues to grow, it only creates a larger impact on not only our personal, everyday lives but our government and justice system as well.

The Ugly Side of the Beautiful Game

A report, with findings from government sources, by The Guardian has estimated that 6,500 migrant workers have died in Qatar since 2010, when it was first announced as the host country of the 2022 FIFA World Cup. As Qatar prepares to host the tournament later this year, one major issue that has not been properly addressed is the treatment of migrant workers. There are heartbreaking and sickening stories of migrant workers being denied food and water, living in terrible housing conditions, and oftentimes not getting paid on time or at all. Some have their passports and other identity papers confiscated, in effect preventing them from leaving the home of their sponsor and the country. Workers constructing stadiums and other infrastructure for the tournament are exposed to temperatures soaring above 100° F during the summer months.

According to Human Rights Watch, Qatar has a migrant labor force of over 2 million people, who comprise approximately 95 percent of its total labor force. Approximately 1 million workers are employed in construction while another 100,000 are domestic workers. Migrants from South and Southeast Asia represent a majority of the population of Qatar. Saudi Arabia, the UAE, Oman, Kuwait, and Bahrain also rely heavily on migrant workers.

Last week, Amnesty International urged FIFA to set up a compensation fund of at least $440 million for migrant workers who have suffered human rights abuses during World Cup preparations. In the letter to the FIFA president, Amnesty accused the Qatari government of failing to investigate the causes of deaths of thousands of migrant workers since construction began.

Since 2010, FIFA has been criticized for its decision to host the World Cup in Qatar, from allegations of corruption to the rights of the LGBT community. The extreme heat in the summer has forced the tournament to be held in November, which would interfere with the regular season schedules of some domestic leagues around the world.

In response to allegations of inhumane treatment of migrant workers, the Qatari government and World Cup organizers have continuously stated that they have “worked tirelessly with international groups for the rights of workers on stadiums and other tournament projects.”

Arby’s Potential Comeback

It is not uncommon for a fast food restaurant to sell hamburgers, however, in this case, it is.

The fast food chain, Arby’s, better known for their roast beef, is now adding its first ever hamburger to their menu. This would be Arby’s first time offering a hamburger to their customers in nearly 60 years of history.The hamburger being added to their menu is their “Wagyu Steakhouse Burger.” However, just like everything good, there is a catch. This new hamburger will only be available until July 31, for only $5.99.

This new hamburger addition could be a strategical move used by Arby’s in order to gain and maintain their cliental. It is no secret that in comparison to other fast food restaurants, Arby’s lacks some attention. Arby’s has roughly only 3,400 locations, according to Technomic, while McDonald’s for example, has roughly 14,000 locations.

As a result, Arby’s has spent over two years developing their first ever Wagyu hamburger in order to keep up with its competitors.

The Quest for Perfection

Throughout history, one purely American dessert has stood the test of time: the humble chocolate chip cookie. The simple, elegant dessert appears on nearly every desert menu, promising a rich, comforting taste unique to the baker. What is seen now as the perfect treat was originally a mistake: Ruth Wakefield, owner of the Toll House Inn, was out of cocoa powder one day when making a batch of her famous chocolate cookies. She decided to add chunks of chocolate to the batter instead, hoping the chocolate would melt and form a solidly chocolate cookie.

Thankfully for us, chemistry didn’t agree with her.

In a chocolate chip cookie, certain chemical processes must occur to achieve that final delicious bite. When you pop a pan of cookies into the oven, the first agent to contribute to the final product is the butter. When it melts, it allows the cookie to go from a ball of dough to a flatter shape. The eggs then restrict the cookie from spreading out and becoming paper-thin. The cookie will then get hot enough for the steam trapped inside to boil away, leaving pockets of air that create a fluffier texture. Baking soda helps this process along.

At the magic point of 310 degrees, the Maillard Reaction allows the sugar in the cookie to combine with the amino acids in the egg. This creates an indescribable nutty flavor that just adds to the wonder of the cookie.

Finally, at 356 degrees, the sugar in the cookie caramelizes, creating an even sweeter taste.

With all this chemistry comes many places for a recipe to go wrong. Fortunately, The New York Times offers three tips to creating the perfect cookie:

Warm cookies straight out of the oven are always better.
Let your dough sit for 36 hours.
Try making a larger cookie!

Monkeypox Has Entered The United States

With the United States, and countries around the world, preoccupied with the COVID-19 pandemic, a minor disease known as monkeypox has been reported in several states.

On Sunday, President Biden said that “everybody” should be concerned about the spread of monkeypox. The CDC placed an alert for the disease on its outbreak watchlist, however, its current progression does not indicate a wider problem.

There are only 38 confirmed cases of monkeypox worldwide with at least three patients undergoing testing for the virus in the United States. The lack of current cases indicates that this disease is highly unlikely to trigger a global health emergency.

First reported in 1958, the disease was detected in lab monkeys with the first human case reported in 1970. The monkeypox virus belongs to the same genus, Orthopoxvirus , which contains the virus that causes smallpox and cowpox.

Unlike COVID-19, monkeypox usually requires sustained close contact with an infected person in order to transmit the disease. Symptoms will typically appear around 6-13 days after exposure and last between two and four weeks.

The symptoms of monkeypox include large red circles that slowly grow and fill with pus as well as a fever and body aches. The CDC reports the fatality rate being around 3.3% in Nigeria, with most of the fatalities being associated with individuals having pre-existing conditions and the immunocompromised. Early testing indicates that the smallpox vaccine is effective against the monkeypox virus as well.

Although risk and lethality remain low, the CDC recommends international travelers take precautions, especially when traveling to regions in Central and West Africa. For more information, please visit the CDC website.

Truth in Sentencing

The Tennessee General Assembly just passed a new bill known as the “truth in sentencing” legislation. This bill mandates all people convicted of a number of felonies to serve the whole sentence. This means they would not have the option of parole through things like good behavior, credits, or any other reason.

This was a large controversy in the State of Tennessee due to many people believing this shouldn’t pass. Opposers of this bill said prisons are already understaffed and this would create further safety issues. However, the governor claims he is already ahead of the game by budgeting 150 million dollar Violent Crime Intervention Fund.

However, on the other hand, supporters of this bill also have reason to believe it could help the justice system. For starters, they believe that it could put fewer people behind bars. In hopes that this bill will serve as a deterrent before a person enters into the prison system. Many believe this is the only way to lower their crime rate and hopefully get people to follow the law.

There are certain criteria the person must meet in order for them to have no option of parole with this bill. This includes attempted first degree murder, second degree murder, criminally negligent homicide, vehicular homicide, aggravated vehicular homicide, aggravated kidnapping, and aggravated robbery. Those who are not in the criteria to do so can have early release for eighty five percent of their sentence.

The Summit of the Americas is next month, but will anybody turn up?

In three weeks President Biden will host the leaders of Latin American countries in Los Angeles for the Summit of the Americas. The summit is held every three years and brings together the countries in the Organization of American States (OAS). Cuba was expelled from OAS following the 1959 Revolution, but occasionally sends a government representative to the summit. Some of the potential policy discussions for this year include trade and migration. However, the leadup to the summit has been marred by threats of boycott as a result of the Biden administration not inviting Cuba, Venezuela and Nicaragua. The presidents of Mexico and Bolivia are among those who have stated they will not attend unless all countries in the region are invited. Brazilian President Jair Bolsonaro is reportedly planning to skip the event for unrelated reasons. There is deep frustration in Latin America with Biden, whose policies toward the region are deemed as lackluster, driven by domestic politics and not all that substantively different from those of former President Donald Trump. Former President Trump skipped the previous summit hosted in Peru in 2018, which was seen as a slap in the face to Latin America.

Earlier this week, in what looked like an attempt to find common ground, the White House announced plans to make it easier for families to send money and visit relatives in Cuba, reversing a Trump era move. On Tuesday, the administration announced it was easing some oil sanctions on Venezuela. Biden faced bipartisan pushback on these policy reversals, and specifically from Democrats in Florida who represent a large population of Cuban and Venezuelan immigrants. Senate candidate Val Demings said that “allowing investments in the Cuban private sector and easing travel restrictions will only serve to fund the corrupt dictatorship.”

The standoff between the U.S. and some Latin American leaders has exposed the divisions, as well as the influence of China in the region. In the last decade China has been rapidly growing trade and investment as it pursues Latin America’s abundant supplies of key commodities such as soy, copper and lithium.

It is unclear if more concessions will be made to persuade more leaders to attend the summit. What is clear is that the U.S. policies towards Cuba, Venezuela, and Nicaragua are not having the effect they hoped to achieve. If anything, the U.S. looks more isolated from a region home to some of their biggest trading partners.