12/31/2007
CLTV: Basketball at Centre
BTW: If you really want to watch some fun games and you live in Kentucky, going to watch Centre play this year and last has been fun (and there ain't a bad seat in the place). It's a 3 hour drive each way for me, so I can't get there as often as I'd like.
12/29/2007
I Didn't Even Think This Possible in the Modern World
12/29/2007
Comments
In 2003 I was reading a book called The Prosecutors. I don't even remember much about the book anymore, but at the time a passage made an impression on me and I quoted and commented upon it. At the time it garnered no comments and I don't think it made much of an impression upon anyone.
This morning I was looking at the searches which have brought people here and came across this. Apparently, this Summer (2007) a couple people discovered the post and flamed the subject of it and me (I leave them up for now as an illustration, however I will delete them soon as violating one of my 3 rules). Now, Blogger is supposed to send me an email if someone posts a comment on my blawg, but it doesn't (probably because I use my own layout). I have almost 5 years of posts and it is hard for me to police all of them.
A flame war isn't even my worst problem. I have word verification turned on to keep most of the automated junk out. Nevertheless, there is some spam that gets through. Some companies actually employ live people to enter spam or have really good programs which can get past word verification. I've figured out patterns for most of those posts and catch a lot of them. Most annoying is when there's a post where I opined on a legal matter 3 years ago and I find legal advice under it or, even worse, something like "This is a terrible and dangerous thing to be put on trial for. We at THE SMITH LAW FIRM are experts on this and will help you in your fight against an unjust conviction." I periodically check certain of my old posts because of this. The actual advertisements have been a recent development and over the last 6 months or so I have deleted a number of these.
Still, I persist in leaving my comments unmoderated. Why? Because, when I post something at 5:30 in the morning I don't want to make people wait until 7 p.m., when I get back from work, to see their comments and the comments of others. As well, when I post that rare missive which brings numerous responses (yes, it has happened a couple times in 5 years) I want people to be able to respond to each other and not have to wait until I check my email and I okay 5 comments all at once. Moderation only works really well if you have constant access and I have to go to work occasionally or my boss will stop paying me.
12/29/2007
Murder Rates Dropping
12/28/2007
Dogs by the %
12/28/2007
The Pot Rebellion: A Warrior(ette) in Gray

"The criminalization of drugs is really the criminalization of thought."
She looks kinda creepy/Addams Family-ish on her website (here's Morticia, so you can compare), but she's actually kinda cute in the pictures on her (defunct) blog. And remember she's "LA's Dopest Attorney."
12/28/2007
Too Cool!

Athough, I'm not too sure why they're playing in front of a sign with the name of a comic book demon.
12/27/2007
CLTV
Problems: I know I looked washed out in the video. I think that's because I have a "natural light" bulb overhead. Next time I'll try a regular frosted bulb.
12/25/2007
RICO & bin Laden
Ted Kane said...No problem. Probably would have been better as an email, but it's an interesting question, so I will, in my beneficence, overlook it (in other words, don't sweat it Dude, it wasn't anywhere as bad as the spam and blatant lawyer's ads which I clean out all the time).
Hi and sorry for the OT, but I really want to find something out from someone with criminal law experience, of which I have none:Was the RICO Act used to indict bin Laden in 1998 in the embassy bombings trial?Again, sorry for something this random and thanks if you can help.
I keep seeing this mentioned, but can't seem to substantiate it. The indictment doesn't include the name of the act, nor its section number.
Also, no authoritative source turns up in searches for this reference.
- TK
TK Pointed out to me the indictment for bin Laden. To be clear, it's a superceding indictment for the 1998 embassy bombings, not 9/11; I don't think the feds have indicted him for that, choosing instead to treat him as an enemy combatant instead of a criminal.
I'll admit, I didn't read thru the entire indictment. The feds would have to write a fifteen page memo to say "It's raining", including an explanation of its atmospheric causes, chemical composition, immediate and long term effects, and alleging the participation of co-conspirators (known, unknown, and unindicted). I read the headers to see the indicted charges and did a search for "18" to check citations to the federal criminal code. He's right, there's no RICO in it that I can find.
What is criminal RICO?
RICO's primary statutes are under 18 USC sections 1961 (definitions), 1962 (criminalization), & 1963 (punishment). Basically, RICO is a secondary criminalization; it is the combination more than one of a long set of felonies for the purpose of making money. Under 18 USC 1962, the four RICO crimes are
(a) It is illegal to spend money which proceeds, directly or indirectly, from the listed felonious activities.I can't claim to be an expert on either bin Laden or federal RICO. However, I think it would be hard to make this case.
(b) It is illegal to gain or keep control of an organization thru the listed felonious acts or by collecting an illegal debt.
(c) It is illegal for those involved in an organization to further the organization thru the listed felonious acts or by collecting an illegal debt.
(d) Conspiring to do any of the three crimes supra.
Each of the subsections has a defense and the most probable, combining (c) and (d), leads into a nightmare religious argument.
Defenses
(a) bin Laden is the son of an ultra-rich contractor. He was the source of funds for the organization, not vice-versa.
(b) bin Laden got and maintained control through his finances and demonstrated religious belief.
(c) bin Laden didn't do the bombings himself. However, the case that he was a conspirator can probably be easily made. The only problem is that this opens up a door to a religious argument I'm certain bin Laden would be happy to walk through. His argument would be that he wasn't acting for, or in the name of, al-Qaida. He was acting in God's name, for God's purpose. Do I think the defense would work? No. But why give him an excuse and stage to make such an argument? If the feds stick to a straight primary offense conspiracy (such as murder) whether he did it for God or al-Qaida is not relevant.
Why do people think bin Laden was charged under RICO?
There are a number of possible reasons people think there are RICO charges. From the beginning, attorneys have stated they expect it or that it is the most convictable offense. Putative co-defendants have been convicted under RICO. A civil RICO suit was filed against bin Laden.
The strongest source seems to have been a BBC documentary, The Power of Nightmares, which stated:
In January 2001, a trial began in a Manhattan courtroom of four men accused of the embassy bombings in East Africa. But the Americans had also decided to prosecute bin Laden in his absence. But to do this under American law the prosecutors needed evidence of a criminal organization, because, as with the Mafia, that would allow them to prosecute the head of the organization even if he could not be linked directly to the crime.I've done as thorough a search of non-conspiracy theory websites as I could in a hour or so and I haven't found anything which indicates that, as part of the Trade Center bombing trial, bin Laden was charged with RICO violations or that he was tried in his absence. Federal prosecutors indicted him in his absence, but there's nothing surprising there - no defendant is present when a grand jury indicts him.
Maybe I'm wrong and there's something in the indictment I missed, but it looks to me that the RICO charge is a myth.
12/22/2007
Bryan Station Defenders

My High School, Bryan Station, is ranked #3 in Kentucky. I think I'm going to have to drive up and watch a game this weekend.
12/21/2007
Correcting Ken: More On Scalia & the Constitution
I went back and reread the entire article and I'm now going to do something rare for a blog - I'm going to say mea culpa. Rereading the entire article, he did go thru most every point that I touched upon (if not all of them). My problem was that I got tunnel vision in the second to last paragraph and sat down to answer what I read therein.
Mr. Rozenberg has just stated that he is dubious of Scalia's Jacksonian declaration that his Harvard education and legal experience do not make him more qualified to make moral decisions than the average citizen. Then comes the curious sentence which I've read several times, becoming less certain of its meaning with every reading.
I would rather have a reasoned opinion from Justice Scalia than a bald assertion that something is illegal simply because the Founding Fathers had never specifically permitted it.I believe he means that he would like Scalia to look to the equities of the case at bar rather than restricting his decision to whether the case is one which should be decided by a constitutional court and how much power the constitution grants. However, I apply this meaning to the sentence after rereading the last three paragraphs a few times and taking Mr. Rosenberg's email into account. Mr. Rosenberg should roll up a newspaper, walk over to his editor, and wop him upside the head. Anyone who writes much knows they will write a hard to understand sentence once in a while, but Mr. Rosenberg has the right to rely on his editor to catch such a thing.
1) Scalia's known for his intelligent writing. However, the tone he has adopted overshadows this and, while making him a favorite among the true believers, has limited his ability to persuade others.
2) The federal supreme court decides if things are unconstitutional, not whether they are illegal. Things can be illegal and still be constitutional. This is part of the argument in Moore which will be argued January 14, 2008.
3) Things aren't ever illegal/unconstitutional because the Founding Fathers never specifically permitted them. As I said yesterday, there is no Dillon's Rule for the federal constitution.
12/20/2007
Scalia & the Constitution
I am writing to put forth what I believe to be a more correct view of what Justice Scalia believes to be the way the US constitution should be interpreted and applied. Specifically, I would like to address your statement that "I would rather have a reasoned opinion from Justice Scalia than a bald assertion that something is illegal simply because the Founding Fathers had never specifically permitted it."
It is not that something is illegal because the US constitution does not permit it. There is no Dillon's Rule for the federal constitution. In fact, Scalia's position is more that there is a reverse Dillon's Rule applied to the constitution.
The position that Justice Scalia puts forth is that there are things which are not addressed by the constitution. They are neither constitutional nor unconstitutional; in other words, our forefathers, thru the constitution, took no stance on whether they should be allowed or disallowed. Therefore, they are not within the province of the constitutional court. They are matters for the citizens to decide, whether they decide by direct vote, or the vote of their various legislatures, or by changing the federal constitution itself (which is extremely difficult). When the court invokes its powers as the supreme constitutional arbiter, under a theory such as substantive due process, it is acting as a "superlegislature" and taking an issue forever out of the hands of the citizenry and its representatives unless they change the constitution.
It's something of the inverse function of Jacksonian Democracy: the belief that as much as possible should be decided by the citizenry or those as close as possible to the citizenry. The court should only recognize those things specifically noted in the constitution because to do otherwise thwarts the will and wisdom of the people.
Respectfully,
Ken Lammers
12/17/2007
Ordering a Man to Give Up His Password
12/17/2007
Thermal Imaging to Spot Tossed Drugs
12/17/2007
UK: Police Cocaine Theft
12/17/2007
Israel: Drugs from a Soldier
I'd say that's shocking, except I think everyone over there is in the IDF.
12/17/2007
Crime Makes People Money
12/17/2007
Metal Theft: Airconditioners
12/17/2007
Pot Rebellion: Feds Spread the Threat
12/17/2007
10 Husbands & 1 Wife
12/17/2007
Japan: Not Favoring the Officers Anymore
12/15/2007
Is It Abuse?
Orin led a discussion of whether this was an appropriate use of a taser.
I've written previously about when I think taser use is appropriate.
12/15/2007
Lithuanian Prosecutor Website
12/15/2007
The Latest Law & Order
Special Letter Unit
Law & Order: Police and Muppets
Law & Order: Police and Muppets
Ok, the second's not as good as the first, but it makes up for it with the opening credits.
12/14/2007
Strange Fish Outside the Prison
12/14/2007
Stealing a Leg
12/14/2007
Stealing Firearms from Under the Policemen's Noses
12/14/2007
Felony Firearm Use
12/14/2007
Verizon Police-ish Theft
12/14/2007
Canada: So Sayeth the Supreme Court
12/14/2007
People You Wish Weren't Using Drugs
12/14/2007
New Jersey Banishing the Death Penalty
12/14/2007
While Missouri Tries to Get more Death Sentences
12/10/2007
Live in the UK? Don't want to go to jail?
12/10/2007
India: Parental Neglect is a Crime
12/10/2007
Wife Spikes Officer's Meatballs to Make Him Retire
12/10/2007
Bears squat in the woods. The sky is blue. 2+2=4.
12/10/2007
The Pot Rebellion: Governor Calls on DA to Enforce the Law
"The essence of prosecutorial discretion is making a decision based on the facts of an individual case. But when you say I have a blanket policy, I don't care what the facts are, this is how this is going to be treated, that's not an exercise of discretion," Douglas said.
12/10/2007
Lagos Police Rape
12/10/2007
Strange Thefts
2) Grand Theft Pigeon.
3) Hospital hand sanitizers.
4) Parking meter covers? What the heck are you going to do with parking meter covers?
5) A Nativity Scene. Just sad, really sad.
6) Jackal Fraud ID theft.
12/06/2007
Why Was the Officer Fired?
I'm sure there's more to this story, because if there isn't I think the Austin PD might be in a lot of trouble.
12/06/2007
Wanna Get Away With Murder?
12/06/2007
Drug News
2) "Gunmen have killed the police chief of a Mexican city bordering California, shooting him 50 times in an apparent revenge attack after police found a drug-smuggling tunnel under the border."
3) Send her to jail: heroin while pregnant.
4) You really shouldn't sell heroin near the detox center.
5) Street drugs look like Hersheys.
12/06/2007
It's called DNA, Dummy!
2) Don't leave a half eaten eclaire behind.
12/06/2007
Marijuana
2) We're not the only country with a pot rebellion, but at least we don't have open combat like Nepal.
3) "[A] survey of almost a thousand physicians by Brown University researchers showed that doctors are significantly less supportive of medical marijuana than is the general public.
. . .
[B]itter historical experiences, supplemented by decades of subsequent research evidence that smoke inhalation of all forms (even wood smoke) can cause acute and long-term respiratory damage, make many physicians wary of recommending a smoked medicine. A smoked plant has the further disadvantage from a medical perspective of not being pure (e.g., what if the plant had been sprayed with pesticide?) or of a standardized dose. This exposes the patient to risk of side effects, and the physician to risk of malpractice.
As the California Pacific research team noted, for example, obtaining the correct dose of cannabidiol through smoking marijuana would be virtually impossible. It would also of course cause THC's psychoactive effects (cannabidiol is not psychoactive), which some patients find aversive."
12/06/2007
Judge Holds His Ground
"[Judge] LaPera, who will retire at the end of the month, stuck to his sentencing commitment [30 years] even after prosecutor Mitchell Benson, Fox's family and a surviving victim in the case all spoke passionately against it. They said they won't feel safe as long as there's a possibility that Marshall could one day be released."'course the day wasn't exactly a day in the park for the family either.
"LaPera said the brutality of the crime is not what defines first-degree murder. To prove first-degree murder, prosecutors would have had to show that Marshall murdered Fox, 57, while committing a burglary, and LaPera said there wasn't sufficient evidence of that. He said there also wasn't enough evidence to prove that Marshall committed first-degree assault when he hit Melville lawyer Cynthia Kouril with his car, hours before he murdered Fox."
12/06/2007
Juvenile Issues
2) Meanwhile, the age of criminal prosecution in New Zealand looks like it will stay at 14 rather than 10.
12/06/2007
Metal Theft
12/06/2007
Strange CrimLaw News
2) You're not supposed to break into a jail to get sex.
3) Teaching the family business: theft.
4) Ah, yes, the good old fashioned flower pot - porsche theft technique.
5) No, he's not a smart thief if he kept a diary.
6) Don't be a bike rustler in Kibaale - they will kill you.
7) Wales: Heroin leads to coffee theft.
8) Overstealing money for college.
9) Stealing from the bereaved - deserves to be caught by those ironworkers.
10) The ever-popular "I steal, but I don't kill" defense.
11) Somebody must have a really big cat.
12) A parking meter under your coat just might prove conspicuous.
13) Stealing Eucharist - pretty sure that's a one way ticket.
Ambush in Bartlette
Chapters 1 - 13
Chapters 1 - 13
Law & Theory
- LAWS
- Va.'s Versions of Mayhem (malicious wounding et al): 4 In One Statute ~ Graphic
- Aggravated Malicious Wounding
- The Moped Exception
- Rape by Lie: 1 ~ 2 ~ 3
- No Intent Needed
- Arresting in a House
- Common Law Trespass
- Certificate of Analysis Introduction
- Probable Cause: Car Passengers
- Obstruction of Justice Limited
- Stealing Electronic Items
- Stolen Value: Price Tags
- Stolen Value: No Price Tags
- Stolen Value: Electronic Items
- No Weekend Jail on Felonies
- Obstruction of Justice Limited
- No Trifurcation
- No More Beer at the Barbeque
- Respondeat Superior
- DUI & Reckless Driving
- Can You Steal From the Dead?
- Outlawry Outlawed
- Felony 2d Degree Murder
- Banishment
- Computer Fraud
- Insta-Deputy
- PROCEDURE
- Using Statements Made During Plea Negotiations: 1 ~ 2a ~ 2b ~ 2c
- Invoking Right to Attorney in Virginia
- Who Prosecutes Misdemeanors?
- Expungement
- Surrebuttal
- Virginia's Reasonable Doubt
- Reasonable Doubt II
- Instruction: Right to Arm
- Virginia Castle Doctrine1 ~ 2 ~ 3 ~
- Dismissed with Prejudice
- SENTENCING
- I. Limitations on Right of Judge to Alter a Sentence
- II. Limitations on Right of Judge to Alter a Sentence
- III. Limitations on Right of Judge to Alter a Sentence
- Probation & Suspended Time
- Advisement in Virginia
- Jury v. Judge (sentencing roles)
- Limits on Evidence Presentable to a Jury
- Jury Sentencing Possibilities
- &CETERA
- Witnesses & Writ of Actual Innocence
- Domestic Battery & Firearm Possession
- Domestic Battery & Testimony I
- Domestic Battery & Testimony II
- Domestic Battery & Testimony III
- Domestic Battery & Testimony IV
- Shall Doesn't Mean Shall
- Just Following Orders
- Lycurgus Not Welcome in Virginia
Practice Tips
Specific Cases
- Jones:Trespass = Search
- Shatzer:4th Amendment Expiration Date
- Gant: Limiting Car Searches
- Montejo: No more 6th Amendment Protections
- Padilla & the Prosecutor
- Ventris: Allowing Unconstitutional Questioning
- Carroll Doctrine
Legal Theory
- Best Way to Choose a Judge
- What's a Prosecutor?
- Defense Attorney Purpose
- Plea Agreement Actualities
- The Big 4: Why I can't Go To Jail: 1 ~ 2
- Liquor Use Laws
- How to Fix Va.'s Court of Appeals
- Punishment Scale
- Punishment Scale Explained
- Punishment: There but for the Grace of God
- Heavy Sentences (1)
- Heavy Sentences (2)
- Probation
- Change Felonies to Misdemeanors
- Do Justice?
- Kentucky v. Virginia
- Must Prosecutors Disprove Affirmative Defenses?
- Drug Schedules & Punishment
- Defendants & Situational Sincerity
- 1) Immorality in Pleading Not Guilty
- 2) Immorality of Pleading Not Guilty
- Posner v. Hart & Strict Liability
- More Posner & Strict Liability
- Pre-Stare Decisis
- Let Juries Find People Innocent
- Tell Jury Elements Pretrial
- Falsity of Malum Prohibitum (1)
- Falsity of Malum Prohibitum (2)
- Falsity of Malum Prohibitum (3)
- Brady
- Writ of Spite & Hatred
- Various Riot Acts
- Tazers
- Finding of Innocent
- No Appellate Oral Arguments
- CrimJustice Purpose
- Pro Se Defendants
- Misdirecting the Police
- Stress Seekers?
- Plea Agreement
- Faking Probable Cause I
- Faking Probable Cause II
- Faking Probable Cause III
- Faking Probable Cause IV
- Legalese: Name Changes
- How Could We Best Select a Judge
- RICO & Bin Laden
- Requirement of Defense Attorneys
- Should Lawyers Make Clients Confess?
- Crummy Hired Defense Attorneys
- Noble Defense?
Back When I was a Defense Attorney
FEB03
Jury
Jury
JUN03
A Week in the Life
A Week in the Life
JUL03
A Week in the Life
OCT03
A Week in the Life
DEC03
A Week in the Life
JAN04
5 Events
A Needed Sign
A Week in the Life
Trial Desperation
A Week in the Life
A Week in the Life
Quick Panic
FEB04
Supress Motion
A Week in the Life
A Week in the Life
MAR04
A Week in the Life
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A Week in the Life
A Week in the Life
A Week in the Life
A Week in the Life
MAY04
A Week in the Life
A Week in the Life
A Week in the Life
JUN04
Chocolate Chip Marijuana
A Week in the Life
High School Critique
JUL04
A Week in the Life
Cripple v. Cop
01 Long Week
02 Long Week
03 Long Week
04 Long Week
05 Long Week
I'm a Narc
AUG04
Frustrating Day
Damn Yankee Defense
A Week in the Life
SEP04
Angry Relative
01 Long Week
OCT04
01 Long Week
02 Long Week
03 Long Week
04 Long Week
-----
01 Long Week
02 Long Week
03 Long Week
NOV04
Client Families
DEC04
01 Long Week
02 Long Week
03 Long Week
04 Long Week
05 Long Week
06 Long Week
Surprise at Prelim
Confronted
JAN05
A Sentencing Hearing
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FEB05
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Violent Insane Client
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Affidavit of Truthfulness
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Fail to Visit
APR05
Trial of the Century
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Transcript: Court Argument I Won
A Day in Court
Moments in the Life
Angry Jury Day
Angry Jury 02
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My Own PI
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A Moment in Court
A Moment in Court
JUL05
Huh?
Raccoon Attack
AUG05
Picking on a Prosecutor Intern
Moments in the Life
SEP05
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OCT05
Kicking Myself
A Day in the Life
Insane Client & 15 Deputies
Torture by Judge
A Federal Habeas
NOV05
Invisolawyer
Petition Freak Out
Moments in the Life
Moments in the Life
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DEC05
Moments in the Life
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Jury Trial Fizzle
FEB06
A Bench Trial
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A Prosecutor Tries to do Right
MAR06
What Just Happened?
Va. Worse than Conn.
Illness as a Defense Attorney
Failed Prison Visit
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Heard in a Courthouse
Appellate Court Argument 01
Va. Court of Appeals
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Heard in Court
JUN06
Bad Press
Entire History of a Trial
Bad Press 02
JUL06
I Must be too Good
AUG06
Announce Becoming Prosecutor
The Last Life in a Week
Monday
Tuesday
Wednesday
Thursday
Friday
Client Communication
~~~~~~~~~~~~~~~
~~~~~~~~~~~~~~~
CYA Letter: Felony Client
CYA Letter: Appeal
-----
Dear Mr. Jailhouse LawyerConversation between Inmates about Lawyers
Innocent Client Pleads Guilty
Client Parents
Time as a Prosecutor
JAN07
The New Office
FEB07
Different Court Diferent Behavior
Competency
MAR07
Cats
Ma'am I'm the Prosecutor
JUN07
I know nothing
23 Felonies
JUL07
Cross
Cross II
2d Simplest Explanation
OCT07
Jury
FEB08
CrimLaw Prosecutorial Corollary #1
MAY08
Paranoia
JUN08
Why Not Drop?
JUL09
Buy Me Dinner First
AUG09
Jury Sentencing Argument
SEP09
Is Litter Patrol Jail?
OCT09
Paperwork Closing Argument
APR10
Bubonic Bob & the Creative Judge
JUL10
Finding the Perfect Witness
APR12
Small Town Cop : Big City Lawyer
JUN12
Maturity Ain't Orange
Criminal Law
Sentencing Law and Policy
FourthAmendment
Law of Criminal Defense
CrimProf
White Collar Crime Prof
4th Circuit
...
Simple Justice
Defending People
a public defender
Underdog
Indefensible
DUIblog
Southern District of Fla.
Criminal Defense
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...
Seeking Justice
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day by day
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FourthAmendment
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CrimProf
White Collar Crime Prof
4th Circuit
...
Simple Justice
Defending People
a public defender
Underdog
Indefensible
DUIblog
Southern District of Fla.
Criminal Defense
Harris Co. Crim Justice
...
Seeking Justice
Crime and Consequences
The Chicago Syndicate
Patterico's Pontifications
The Magistrate's Blog
Trials & Tribulations
Charon QC
Changing the Court
Virginia Blogs
SW Virginia Law
Va Poli Blogs
Vivian Page
Bearing Drift
Not Larry Sabato
Worthwhile
Bloggingheads.tv
Gruntled Center
WindyPundit
day by day
The Faculty Lounge
Legal Scholarship Blog
PrawfsBlog
Justice & Drugs
Ernie the Attorney
Bag & Baggage
In case anyone out there needs this warning: This ain't legal advice. Everything in the blog is off the cuff and no one goes back and reads all the cases and statutes before blogging. The law may have changed; cases misread and misunderstood two years ago can still lead to a clinging misperception. Courts in your county, city, or State probably don't operate as described herein. Feel free to be inspired, but YOU MUST ALWAYS DO YOUR OWN RESEARCH OR HIRE A COMPETENT ATTORNEY TO DO SO because I haven't.
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