Looking Back to Move Forward…

Looking Back to Move Forward…

20140323-142740.jpgSo, as we wait for election results, there’s no better time than now to be reflective.  My blog, The Resident Legal Diva, has recently had its one year anniversary.  Ironically, I took on a 30 day Blogging 101 challenge…because why not? Nothing like a challenge to step up your game! In the next 30 days, you will see a lot of posts from me covering a variety of topics (which remain a mystery to me at this moment)!

The first assignment was to talk about my blog.  Why am I writing publicly instead of writing a personal journal? Who do I hope to connect with? What is the end goal a year from now? And what’s the story behind my tagline?

Whelp, let’s get started.

Why am I writing publicly instead of writing a personal journal? If you’ve been reading my blog you know that I am a prosecutor. (If not, welcome!) I love the law.  The law brings equality; the law brings change; the law brings justice. Often, the media gets it wrong (ratings are king). Often citizens get it wrong (due to just not knowing).  Sometimes the system gets it wrong. Facts and details get lost in the struggle between passion, history, and confusion as to how the system works.  My goal is to educate people about how the system really works, and what goes into the decision making process in cases.  Also, I want people to know what their rights are, and what remedies are available. This can only be done in a public forum.  With the internet reaching more and more people every day, what better way to educate the world?

Who do I hope to connect with? EVERYONE! My blog is not just for legal professionals (who are always welcome by the way). It’s for the students, the curious, the old, the young…anyone who cares about the world we live in and how the law governs us.

What is the end goal a year from now? I hope to have (and continue to have) great dialogues with folks from all walks of life.  My eyes have opened to issues as a result of discussions started on my blog.  I love to teach, but I enjoy learning as well.  The exchange of ideas is the only way our world will get better — it is the way to promote understanding.

And what’s the story behind my tagline? The Resident Legal Diva…I’m your in house legal expert.  And I love the word “Diva”.  I’m on a mission to reclaim the word from the negative connotations that come from reality television.  A Diva is a woman who is well spoken, well put together, and who carries herself with grace and elegance.  Most of all, a Diva is successful from her own intelligence, hard work and merit.  Notice there are no temper tantrums, outbursts, or generally “acting a fool” in that definition. What I described is the definition of a “hot mess”…which does not deserve air time (not on this blog anyway!).  And the rest “My Collection of Thoughts About Real Life and the Law”…is just that.  My thoughts…my opinions…but always open for discussion!

Looking back, the last year of blogging has been fun, uplifting, emotional, and really enlightening.  Here’s to many more!!

M.

Black Voters in St. Louis County Switching Parties?

Black Voters in St. Louis County Switching Parties?

Since it is 20 days away from election day, I’m shifting my focus to politics and the law. I am a firm believer in educating yourself on the issues and knowing what you are voting for.  All elections are critical, not just the presidential years!

vote-smart-button An interesting article was published by the Associated Press today, indicating that the frustrations of the community in St. Louis have risen to new heights.  There has been a movement by some African American voters in St. Louis County, in response to the events in Ferguson, to vote for Republican candidates in the upcoming election. The feeling is that the Democrats in power, from the local level to the governor’s office, have ignored the needs of the community that has supported them faithfully for decades.

The emotion that some voters have of being “used” is not uncommon.  Time after time, candidates and elected officials across the country appear in the communities that need them the most only during the election cycle; they are not seen again until the next election.  Certainly, those politicians should be held accountable.

But as the old phrase goes, “look deep before you leap”.

Make sure to research whoever you are voting for.  Votes should not be cast out of anger, or revenge, because it is the community who suffers in the end.  Take a look at each candidate, and look at where they stand on ALL the issues.  If they are in the legislature, pull their voting history.  Look at what organizations or charities the candidate dedicated his or her time to.  These are all signs of whether or not the candidate’s interests align with yours.

If the Republican candidate appeals to you across the board, fine.

If you find that your values are not compatible, then the next best strategy is to put pressure on the leaders of your local Democratic party, letting them know that the current slate is unacceptable.  Find a candidate and back them, whether via write in, or a grassroots movement. As we have seen in recent history, social media is a powerful tool in getting information, and creating campaigns. This is why it is critical to vote in your party’s primaries — the primary votes send a clear message to the party as to whether or not an elected official is on the right track.

Another article came out today indicating that a record number of African Americans are seeking elected office right now.  Some of those candidates are running as Republicans. See the article here. This is a perfect example of taking charge of your destiny, and being the change you want to see.

Food for thought!

M.

Kids Suing Parents: Bringing Back Old Fashioned Discipline

Kids Suing Parents: Bringing Back Old Fashioned Discipline

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The legal world (as well as social media) has been ablaze as a result of 18 year old Rachel Canning’s attempt to sue her parents for living expenses. Shortly after Rachel’s lawsuit became public, there have been some reports that 80’s television star “Mr. T” was sued by a man claiming to be his son, under the grounds that Mr. T’s abandonment of him as a boy caused him to become a gang member.

 Rachel Canning claims that her parents were abusive, and their behavior forced her to move out of her parent’s home to a friend’s house. The parents, on the other hand, allege that Rachel refused to follow household rules. She stayed out late, came home intoxicated, and was disrespectful to her parents.

The judge in this case denied the teen’s motion for immediate support, but further motions, including money for college tuition, are pending. This story has been trending worldwide.  In Mr. T’s case, his alleged son, now in his 20’s, filed a lawsuit for $5.4 million dollars.  It was dismissed in 2013 because the filing fee was not paid in a timely manner.

The question is, what does this say about America, and how we discipline our kids?

A phenomenon that appears to be increasing is the fear of arrest as a result of disciplining your child.  The threat is of “Mom, Dad, if you touch me, I will call DCF/child protective services/the police”. As a result, many parents back down, and children are taught that they can misbehave without consequences. Additionally, they have learned to manipulate the system, with the clear message that threats can produce the desired consequences.

There is a very clear line between child abuse and discipline. Child abuse involves beating, burning or otherwise causing physical harm to a child. If a mother burns her child’s hand with an iron, that is abuse. If a father hits his son with a baseball bat, that is abuse. But spanking your child is NOT abuse.

 The criminal justice system has had to adapt to cultural differences that child rearing presents. While many American families utilize techniques such as having the child sit in a corner, or be in “time out”, many families from other countries are more physical in their methods of discipline. Having been raised in a Caribbean household, I was acutely aware of my boundaries as well as the uncomfortable consequences for misbehavior.

This is not to say that one is necessarily better than the other. Many sociologists have studied the area, coming to varied conclusions. The key is, every child is different. Some children respond to privileges being revoked; others may need more forceful reinforcement. But a parent should never be in fear of their children, or fearful to discipline them.

Fortunately, the judge saw through Rachel’s attempt to avoid the consequences of her actions. Her parents clearly told the court that if she returned to the family home, her tuition and all of her expenses would be paid. Today, the attorney for the Cannings announced that Rachel moved back into the family home; however, the lawsuit is still pending.

From a legal perspective, hopefully this will not set a nasty trend for kids to use the legal system to get around the authority of their parents, or punish their parents for whatever shortcomings they may have.

On a social perspective, this is a tragic situation for the Canning family. Having your personal affairs paraded through the media is certainly difficult, and it is clear this family is broken. Hopefully this family seeks counseling, because at the end of the day, they are tied by blood.

 And always will be.

The author Melba Pearson is an attorney in South Florida. Follow her on Twitter @ResLegalDiva

The New Drama on NY’s Stop & Frisk

The New Drama on NY’s Stop & Frisk

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So as I mentioned earlier this week, NYPD’s controversial “Stop And Frisk” policy got a reprieve due to an appellate courts scathing review of the trial judge in the lawsuit. Here is my latest article on the topic, published on theLaw.tv.  Feel free to leave your comments below!

http://news.thelaw.tv/2013/11/01/stop-frisk-lives-to-fight-another-day-for-now/