+
Where
Perspectives
Meet
the throne
will seat
Trust
Trust ☆
Trust
Rest
Becomes
Me
♡
............
by John Edward Culp
Sunday Morning
February 19, 2023
Category Archives: CHAOS
Poetry from Mesfakus Salahin
Mystery of Love
Mesfakus Salahin
#####
The day is long
The night is endless
The dream is a mirror
A frame is imitated where
I hear a sound whispering
Mystery of love
That comes from the lap of Nature.
The fragrance of roses
Smiles with the shining morn
About an angel
Who walks in the stair of breath
Plays in the garden of heart
Sleeps in the field of silence.
I see and see
She lives in me
Is this love?
...............then
I am in love.
The fountains walk
In the heart of sea
Spreading a message supernaturally
Through waves
Love is strange to a stranger
I feel it
I sacrifice myself to love
And request to you.
Essay from Gail Thomas
Musical Memories
Cars are for crying. I’m not sure if it’s the nostalgic lyrics of the songs pouring out of the radio, or the time alone in a confined space that push the tears out of me. Maybe both. But, a silent, tuneless car ride is empty, somehow. My right hand auto-pilots to the radio as I nestle into the driver’s seat. Sometimes I wonder if I choose to listen to songs that will stir up the sadness in my guts. Music connects me to all the dead people. And to the living, missing people.
I don’t think I consciously choose songs to elicit my tears. Music naturally makes me feel something. Wakes me up. Disturbs memories. I know I’m not alone with the music. Melodies. Lyrics. They stir everyone differently.
In my office, where the Bluetooth speaker is only quiet when my phone rings, the ladies humor me, and try to sing along as Gene Kelly Radio delivers the songs of my childhood. Dad filled our house with show tunes, all day, every day. I smile. A lot. But Tea for Two makes the tears fall as I shuffle ball change, shuffle hop step across terra cotta tiles, cherishing memories of Dad’s fake soft-shoe as he and I performed in front of the full-length bathroom mirror. I can still hear his perfect pitch voice and see his eyes twinkle beneath his wild tangle of eyebrows as he sang Oh What a Beautiful Mornin’ through the magical days of my childhood and beyond.
Halfway home on the turnpike last week, I touched the XM radio classic rock icon on the stereo screen. The Eagles’ Tequila Sunrise was just ending, and I heard the unmistakable guitar riff of The Beatles’ Revolution. I didn’t pick this song. The DJ did. Eight words into John’s iconic voice, my eyes spilled tears. I never know when it will happen. I had never been much of a crier. Maybe I cry in the car because I don’t want to do it in front of anyone.
We played mostly Beatles at Jeffie’s funeral in San Francisco. It’s been six and a half years since my oldest brother left us. It still feels impossible. He went to sleep on a Thursday and never woke up on Friday. I’ll never know what to do with it. It’s pain that doesn’t leave.
We connected through music. And many other things. But the songs are the glue. They stick to the memories. Keep them alive.
While my brother, Jim and his acoustic guitar sang me to sleep with Me and Julio Down by the Schoolyard and Sweet Baby James, Jeffie introduced me to Pousette-Dart Band and 10cc. He got a mile long lemon-yellow Cadillac with black leather seats when he was seventeen. I was ten. At that moment in time, I’m not sure which I loved more: my big brother, his new used car, its smooth creased worn-in seats, or the 8-track radio that blasted all my new favorite songs. He took me for rides just so we could belt out I hope that it’s only Amnesia, believe me I’m sick but not insane… at the top of our lungs. I could only see out the windshield if I sat bent-kneed with my sneakered feet stacked under my butt. I took for granted the fact that he let me play the song as many times as I wanted. Summer swirled my brown mane across my face as it came in the windows. I didn’t miss a word, though, as I scooped long strands of hair out of my mouth.
Forty-five years later, I play Amnesia, loudly and mostly with a smile. It depends on the day. Sometimes I cry through it. Sometimes I belt it out. Loud and out of tune. But it makes me feel close to my brother. The songs connect the memories so they can stay in my brain. I don’t ever want to lose them. So, I keep playing them. Even if they take up too much space for new music I could enjoy.
Stuck in music of the past keeps me closer to my best memories. Better times. Easier times. Less sad times. Months after losing him, I allowed myself to climb the spiral wooden stairs to Jeffie’s attic bedroom in my parent’s house. I knew exactly where to find them. His box of records sat, unchanged, in the back corner of the cedar closet with the low wooden door.
I felt ten again as my fingers walked over the top edge of each record, advancing them enough to see the name and art work on the well-worn covers. The Beatles, Steely Dan, Dan Fogelberg, Jethro Tull, England Dan and John Ford Coley, David Bowie, Chicago, James Taylor, Cat Stevens, Joni Mitchell, Nicolette Larson. Maybe I’ll be musically stuck in the 70s forever. Maybe the calm of that era that pulses through me keeps me from longing for modern music.
Music flows through our lives all day, every day. My husband, Brian has opened my cemented musical tastes to boatloads of new artists. With my heels still dug into John Denver’s boots, I admit to feeling musically enlightened. Even enthralled by Phish, ALO, the Grateful Dead, the Foo Fighters, Nine Inch Nails and Goose. I can listen to Pink Floyd. They’re not loud or offensive as I had always assumed. And I don’t have to be stoned to enjoy them. As I had also assumed.
I think I’ll make two saved playlists on my new car stereo: Songs for Crying and Songs Not for Crying.
The car sob-sessions are short-lived and cathartic. The nostalgia of the music fills me up like the chocolate soft serve of my childhood.
Poetry from Vernon Frazer
No Loving Conversion Likely
the stuttered transaction
buff grows bright to give
more islet heating
a saturation foundation
matriarch occlusion
below
that loud enchilada
snoring earless to soot
vary a metier
surround the disease
classification trampling
( )
leotard peninsulas
warmly recumbent
honed caliper men
a monogram portent
their hierarchical tipster measured
loose bits dark
left to suffer a confused nodal portent
quaking derision
discharging the swipe
( )
then saturation thanks
before its brewers fin a winger
of cultural radish
bent appointment ventures
aching the succulent droop
perplexity encouraged grated theocracy
to
a reclusive vertigo
its intended folly
watching for histories deferred
Hard Water
intimidating laundry
the inimical peasants cast
of thousands pored
per square inch
raging
the shallow intimate
through
forced declamation
rum vagaries inept
at transfer flagons
no lantern
comes
too soon
*
for comfort
wonder
or
winter
allowed
a sneaky pastime
remembered cleanser scent
last, the shaded
horde of hinting
elation
eking
fast line gorges
along the marrow plane
*
the lines converge
it surges its bone-sucking orgy
on wandering
crescents wet yet divergent
as
any
angle
strike
bragging
empty pleasantries
soft
as the sand
in the river
wash
cackled
inimical tidings
to the current
Dropping the Ball
1.
a pelota
simulacrum for raffle
or rescue
included venom throttles
toned scraping
exploded uses
sycophantic
as the empty grip
baring shaken
before their metaphor blazer
a retrofit lunatic
steaming a fetal caddy rim
forking tunnels
alongside usage latrines
where distention refusals
prolonged postponing belligerents
dispose
thermal cacophony
educate
natal gaffe dragons
to their vocation
2.
before encrypted withdrawals
ferment the dubious underlings
their ballad affiliates will breed
forever
express bristles
barter the groping circuit
grimly
dissimilar to a wilding rant
the expectorant a missing
deuce voice
borne recumbent
to a confrontation statesman
3.
the nautical scaffold
turns finished landscape
firing
generation textile crises
before experienced play
pelota comes
horned in caramel
umber broaches
a scripted eventuality
puddle hippies
cow the slipping pineal
at will
weakened entity feels the hollow
tinted around
its invective mirage
missing suffer throttles
in the simulacrum cushion loop
no raffle no rescue
face
the collective punctuality
of tomorrow
Snake Oil Enforcers
legacy doctors
interrogate every mamba wrapper
labor no return
buttress knots missing gluten
wrapper heading
crosses murals at the pablum bar
no fortitude express
hooting a salami fortress
better left
for saying rather than
turn right
under the riot of interrogation
Railing Toward Shore
bugbear vignette
slowed the scoreboard snatching
corpulent railways
spine borders
a garbled eyelash plunging to color
dangle hazing
the bartenders
waged paramour encroachments
pillowcase doubling
vigor fountains
trip a yawning mound prosaic
the nitwits climb
defeatist vigor
strata antler whereabouts
gleam the past
no serpentine
linguist scratches effervescent
on moonlight
tattle regimen
near the summation unveiled
a feldspar lecture
essay finalist
a bicoastal maniac rose
flatly baffled
before waterline
plunges breed the convectional
foreground rise
BIO
Vernon Frazer’s most recent publications are Avenue Noir, a C22 Open Edition, and Gulf of the Purple Enigma, an Alien Buddha paperback.
Poetry from Mark Young
Five Postwoman Poems
Today the post-
woman brought
me a CD of Do-
Nuts T.®ump
reciting The Star-
Spangled Banner
when I’d asked for
a sharp-angled
spanner to be de-
livered. Why this?
I asked. Listen to
the words, she said.
I just wanted to point
out to the oft-critical
poet that there’s some-
one even more inept
at using the correct
words than I am, &
he used to be the
fucking President.
*
Today the post-
woman brought
me a split infin-
itive. I ran out to
quickly collect it.
*
Today the post-
woman brought
me an abacus.
Does it still
work? I asked.
I wouldn’t count
on it, she replied.
*
Today the post-
woman brought
me an asteroid
belt. Pity I’ve
got no suit/able
trousers to
wear it with.
*
Today the post-
woman brought
me an elephant.
What’s this? I
asked. Wondered
if you were interested
in a pet, she replied.
It was thrown out
from a house earlier
on my round. A big
guy lives there, named
Hannibal. Apparently
he’s downsizing after
a trip across the Alps,
& there wasn’t room
in the room for both
him & the elephant.
Poetry from Corey Cook
small flame
atop a sturdy wick
yellow crocus
# # #
stuck at the top
of the seesaw
fledgling
# # #
Corey D. Cook’s sixth chapbook, Junk Drawer,was published by Finishing Line Press in 2022. His poems have recently appeared in *82 Review, Akitsu Quarterly, Black Poppy Review, Duck Head Journal, Muddy River Poetry Review, Naugatuck River Review, Nixes Mate Review, South Florida Poetry Review, and Spare Change News. New work is forthcoming in Freshwater Literary Review. Corey lives in East Thetford, Vermont.
Essay from Kojamuratova Aygul
THE IMPORTANCE OF THE CONCEPT OF RECIDIVISM IN THE SCIENCE OF CRIMINAL LAW
Karakalpak State University
2nd year student of the Faculty of law
Annotation: in this article, we will highlight the impact of crime on the education of a person in the construction of civil society in our country, its maturation as a perfect person, and the consequences of repeated crimes are mentioned. Among other things, one of the nuances that is relevant today is highlighted about recidivism and is highlighted by comparing the type of recidivism in the Criminal Code of foreign countries with the Criminal Code of our country.
Keywords: recidivism crime, civil society, civil society, dangerous, extremely dangerous recidivist.
It is clear to all of us that the upbringing of a person in the construction of a civil society, its maturation as a perfect person is significant in all respects. Educating a generation that is mature both physically and mentally requires a lot of attention and hard work, above all. In the case of all kinds of crimes that occur in our society, the upbringing of a person has its effect on the fact that he becomes a mature person in every possible way. Among these, one of the crimes that is relevant today is recidivism.
The fact that a person deliberately commits a new crime after being convicted of a previously intentional crime is recognized as a recidivistic crime. In cases where a person who has committed a crime similar to a previously convicted crime, separately specified in the Criminal Code, the intentional Commission of a new crime by a person convicted of other articles of a special part of the Criminal Code is recognized as a dangerous recidivist crime.
To commit a deliberate new crime, in which a sentence of imprisonment can be imposed for a period of not less than five years, namely:
a) the commission of a very serious crime by a person who has previously been sentenced for a very serious crime or for a serious crime twice and sentenced to imprisonment for a period of not less than five years for each of them;
b) the commission of a serious crime by a person who has been sentenced to imprisonment for serious or very serious crimes for a period of not less than five years each, regardless of whether he was previously convicted twice for a serious crime or before-after, is recognized as an extremely dangerous recidivistic crime.
With the judgment of the court, a person can be considered an extremely dangerous recidivist. At the time of the resolution of the issue of finding a person as an extremely dangerous recidivist, his conviction in the judgments of the courts of other states can also be taken into account.
Recidivism crimes are characterized by the fact that as a form of committing several crimes, the guilty person commits a new crime after being convicted of a previously intentional crime. It is a common or common recidivist crime based on the following two characters: intentional Commission of a new crime; the conviction of a person for a previously intentional crime.
In the norms of the special part of the Criminal Code, recidivism is recognized as a sign that the crime is associated with a dangerous and extremely dangerous recidivism and is assessed by the composition of the crime.The question of considering a person as a dangerous recidivist is not decided by the court, but on the grounds established by the law itself, the person is a dangerous recidivist. The person should be found in the process of being charged by the bodies of his investigation as a dangerous recidivist. Because the commission of a crime by a dangerous recidivist is a characteristic sign of a number of crimes and leads to the application of more serious penalties]. For this reason, this situation should be indicated by the preliminary investigation body when it is involved in participation as an accused in a criminal case, and later this should also be reflected in the descriptive part of the court sentence. The rules apply for the removal of grounds for finding a dangerous recidivism in other cases, such as both the removal and deletion of conviction in relation to a dangerous recidivist crime, and the responsibility or exemption from punishment for a crime committed by a person earlier on purpose. Committing a repeated crime or committing a new intentional crime after being convicted of committing a previous intentional crime is not considered a punitive case in the following cases: if the term of criminal prosecution for a crime committed for the first time has passed; if the conviction was removed or extinguished in accordance with the established procedure; or if the liability for criminal acts committed earlier was canceled by law; 65, 66, 66-1 of the Criminal Code. 68, 69, 70, 71, 76-in the event that a person, according to his articles, has been released from criminal liability and punishment for a crime he has committed before. This situation applies not only to ordinary recidivism, but also to all other types of recidivism, among which there is a dangerous and extremely dangerous recidivism crime, since common signs belonging to ordinary recidivism crime are also characteristic of them. “If the guilty person is removed by Amnesty or pardon from the convicted person for the intentional murder committed before him, if yohud is canceled or removed in accordance with the procedure established by law, as well as if by the time of committing the crime of homicide the fans of bringing him to justice for the crimes committed before him have passed, the extremely dangerous recidivism is considered to be one of the most severe forms of committing several crimes. They include the appointment of imprisonment as punishment and imprisonment for a period of not less than five years.
Such a basis arises only in the presence of one of the following options for recidivism:
– the commission of a very serious crime by a person who has previously been sentenced for a very serious crime and sentenced to imprisonment for a period of not less than five years;
– the commission of a very serious crime by a person who was previously sentenced to two serious crimes and sentenced to imprisonment for a period of not less than five years for each of them;
– the commission of a serious crime by a person who was previously sentenced to two sentences for a serious crime and each of them was sentenced to imprisonment for a period of not less than five years;
When we studied the experience of some foreign countries on the issue of committing several crimes and introducing a sentence for them, we witnessed that in countries such as Spain, Japan, Germany this issue was also regulated within the framework of the section on punishment in criminal law, and in countries such as Russia, Kazakhstan, Belarus, together with punishment, within the framework of the section on Below we will consider the specifics of the legislation of these states on the appointment of penalties for several crimes with a comparative-analysis.
In accordance with the federal law of the Russian Federation of December 8, 2003, the commission of a repeated crime as a form of several crimes is excluded from the Criminal Code. Currently, a set of crimes and recidivism are recognized as forms of several crimes. Chapter 10 of the Criminal Code of the Russian Federation is called “the appointment of punishment”, in which the procedure for the appointment of punishment in a separate case for any crime is established independently. That is, in the presence of mitigating circumstances (Article 62), the appointment of a punishment for a crime even lighter than specified in the law (Article 64), the appointment of a punishment for crimes that are not complete (article 66); the appointment of a punishment for a crime committed in participation (Article 67); the appointment of a punishment for a recidic crime (Article 68);
An analysis of the Spanish Criminal Code shows that there are two forms of several crimes: crime totals and recidivism. The chapter on the rules for the appointment of punishment will address the totality of crimes. In accordance with Article 73 of this JK, the total of crimes is understood as the commission by the guilty of two or more crimes or socially dangerous acts. The Spanish Criminal Code does not provide for the rules for the appointment of a single penalty in the event of the commission of two or more crimes by a person. In these cases, according to Article 73 of the Criminal Code, punishments are assigned for joint execution. If one or another punishment cannot be performed together, they are performed independently in turn from heavy to light in sequence.
Article 76 of the Spanish Criminal Code establishes the maximum limit for the imposition of penalties on the aggregate of crimes. The punishment imposed on the aggregate of crimes should not exceed three times the most severe punishment. Maximum limit in the following cases:
if a person is convicted of two or more crimes, and for one of them a penalty of imprisonment of up to 20 years is established, then 25 years;
if a person is convicted of two or more crimes and for one of them is provided for a sentence of imprisonment of more than 20 years, it is 30 years.
Article 77 of the Spanish Criminal Code speaks of the appointment of a penalty for the ideal total of crimes. The rule in this article is about “committing two or more offenses in one act”, that is, the crimes are applied to the ideal totality. In this case, the assigned uzil-kesil punishment arises from the punishment imposed for the severity of the crimes committed, and the punishment in this case should be lighter than the appointment of a separate punishment for crimes.
Proceeding from this, we can say that the punishment imposed by the Spanish criminal law on the ideal total of crimes is light in relation to the punishment imposed on the real set of crimes.
The Japanese Criminal Code lists two types of committing several crimes: a set of crimes and a recidivist crime. Chapter 9 of the criminal code is devoted to the set of crimes. In accordance with Article 45 of the Criminal Code, a set of crimes is the commission of several crimes by a person for whom a court decision has not yet been made. Article 54 of the Japanese Criminal Code gives the concept of the ideal total of crimes, and according to this article “if one act falls into several criminal structures, or the act is a means of committing a crime, or its consequence, and coincides with the composition of another crime, the deviation of the penalties provided for by law is assigned.”
Chapter 9 of the Criminal Code establishes the rules for the appointment of penalties for the totality of crimes. According to him, for the most serious crime, which is part of the totality of crimes, the method of applying a more severe punishment and methods of compensating for punishments are used. Aspects related to the commission of several crimes and the appointment of penalties for them in the Federal Republic of Germany are given in Chapter 3 of the third section of the Criminal Code, which is called “penalties for several violations of laws.” According to paragraph 52 of this chapter, “if one or a similar act violates several criminal laws many times one law, one penalty is applied.” The analysis of the content of this paragraph shows that its content is not about the commission of several crimes under the Criminal Code of the Federal Republic of Germany, but about the violation of several laws or one law several times.
If several criminal laws are violated, a punishment is imposed by the established law. The punishment cannot be lighter in this than in other applicable laws. In this case, we are talking about the ideal set of crimes. In Germany, the ideal set of crimes is considered as a single crime, and one main punishment is assigned to this single crime.
As a conclusion, I can say that, for example, it is necessary to master the positive side, as the Spanish Criminal Code establishes a separate procedure for imposing punishment for recidivism. After all, the ideal totality of crimes and the degree of social danger of the real totality of crimes differ from each other. It would also be appropriate if a separate procedure for imposing punishment was established for a recidivist crime.
References:
Criminal Code of the Republic of Uzbekistan
Sharh to the Criminal Code of the Republic of Uzbekistan