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"The United States Supreme Court today unanimously upheld the right of the states to bring fraud charges against telemarketers and other fund-raisers who knowingly deceive potential donors about how much of their money will really go to charity."
Good to know the 1st Amendment doesn't allow outright lying to seperate me from my money.
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05 May 2003
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Ah, no matter how much I despair of the criminal system here there are always worse places.
In Belgrade "the police arrested 10,111 people and jailed more than 4,500" in order to stop organized crime. It also went after the lawyers; of course, we do that too (at least in Florida and NY).
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Ah, no matter how much I despair of the criminal system here there are always worse places.
In Belgrade "the police arrested 10,111 people and jailed more than 4,500" in order to stop organized crime. It also went after the lawyers; of course, we do that too (at least in Florida and NY).
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Parents refused to allow treatment of their child. I've dealt with the heavy-handedness of DSS before; if "even with surgery, Noshin stands only a 20- to 30-percent chance of reaching full life expectancy" is true I think DSS is overstepping itself.
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Parents refused to allow treatment of their child. I've dealt with the heavy-handedness of DSS before; if "even with surgery, Noshin stands only a 20- to 30-percent chance of reaching full life expectancy" is true I think DSS is overstepping itself.
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A member of the Japanese media found an explosive device in Iraq and kept it as a souvenier. It exploded in Jordan killing and injuring people. Now he's going in front of a military tribunal.
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A member of the Japanese media found an explosive device in Iraq and kept it as a souvenier. It exploded in Jordan killing and injuring people. Now he's going in front of a military tribunal.
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Hide the jurors names, hide whence the jurors came, let the prosecution exclude those who are Hispanic and don't let the attorneys have any input in the voir dire. There are definitely problems in the fedgov system. I suspect that all of these were granted at the prosecution's request. Remember when the system was supposed to be biased against the prosecutors?
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Hide the jurors names, hide whence the jurors came, let the prosecution exclude those who are Hispanic and don't let the attorneys have any input in the voir dire. There are definitely problems in the fedgov system. I suspect that all of these were granted at the prosecution's request. Remember when the system was supposed to be biased against the prosecutors?
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A judge changed a death penalty into life in prison. The local paper's reaction?
"We don’t understand Alexander’s decision to sentence Inge to life in prison ? and we don’t agree with it."
Vengeance is ours sayeth the Danville Bee.
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A judge changed a death penalty into life in prison. The local paper's reaction?
"We don’t understand Alexander’s decision to sentence Inge to life in prison ? and we don’t agree with it."
Vengeance is ours sayeth the Danville Bee.
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A very well written analysis by Ernie the Attorney of the effect of the internet on the admonishment to jurors not to look into or investigate anything on their own.
Maybe I should try to stretch my exile trials out over a couple days. Then the jurors could go home and find out that the defendant is facing 5 years for having their dad's non-working shotgun in the attic. The shock on jurors' faces when they are told of these mandatories is palpable. Of course, that would be trying for jury nullification and that would just be so wrong.
Not that Virginia felony trials ever last longer than a day.
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A very well written analysis by Ernie the Attorney of the effect of the internet on the admonishment to jurors not to look into or investigate anything on their own.
Maybe I should try to stretch my exile trials out over a couple days. Then the jurors could go home and find out that the defendant is facing 5 years for having their dad's non-working shotgun in the attic. The shock on jurors' faces when they are told of these mandatories is palpable. Of course, that would be trying for jury nullification and that would just be so wrong.
Not that Virginia felony trials ever last longer than a day.
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The Ninth Circuit is the last holdout. Apparently everyone else has ignored the basic rule against adhesion contracts and let employers impose arbitration in employment disputes.
Of course it's the Ninth so we know what will happen if there is an appeal. The Supreme Court will affirm our right to contract under due process. Oh wait, they already did that . . .
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The Ninth Circuit is the last holdout. Apparently everyone else has ignored the basic rule against adhesion contracts and let employers impose arbitration in employment disputes.
Of course it's the Ninth so we know what will happen if there is an appeal. The Supreme Court will affirm our right to contract under due process. Oh wait, they already did that . . .
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A quick review of The Majesty of the Law, written by Justice Scalia's favortie pincushion.
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A quick review of The Majesty of the Law, written by Justice Scalia's favortie pincushion.
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We all complain about judges - except for those of us blessed to practice in front of the judges I practice in front of: they are all wonderful, intelligent, compassionate and judicious*.
Well, at least we don't have to practice in front of these judges.
* Sorry about that but anyone who goes thru my archives can figure out who I am and where I practice. The judges and their friends cannot all be Luddites.
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We all complain about judges - except for those of us blessed to practice in front of the judges I practice in front of: they are all wonderful, intelligent, compassionate and judicious*.
Well, at least we don't have to practice in front of these judges.
* Sorry about that but anyone who goes thru my archives can figure out who I am and where I practice. The judges and their friends cannot all be Luddites.
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What happens when an FBI lab-tech concludes that there are problems in the FBI lab? He changes his mind. Couldn't have been pressured to change his story - could he?
"Burmeister had complained in the months before he retracted his testimony that he was being pressured by prosecutors and lab employees to change his testimony or scientific conclusions."
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What happens when an FBI lab-tech concludes that there are problems in the FBI lab? He changes his mind. Couldn't have been pressured to change his story - could he?
"Burmeister had complained in the months before he retracted his testimony that he was being pressured by prosecutors and lab employees to change his testimony or scientific conclusions."
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03 May 2003
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The ongoing saga of the judge who was.
Judge on bench-Judge sued for sexual harrassment-Legislature does not renew Judge's appointment-State Senator reports ex-Judge for lying to Senate-ex-Judge runs for State office-Bar puts off review until after the election
Who needs soap operas?
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The ongoing saga of the judge who was.
Judge on bench-Judge sued for sexual harrassment-Legislature does not renew Judge's appointment-State Senator reports ex-Judge for lying to Senate-ex-Judge runs for State office-Bar puts off review until after the election
Who needs soap operas?
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TalkLeft pointing out one of the errors in the machines which convict people of DUI's.
Let's be honest here - a regular citizen accused of a DUI is going to be convicted. He will have been "asked" to complete several tests which are very hard to pass sober. He will have things such as comprehending and starting to perform the test before the officer tells him to start the test counted as indicating drunkeness. He will then be "asked" to take the preliminary breath test which is so innacurate that it is not allowed in court. The way these happenings are presented in court is always sanitized; the officer's version never tracks with the what your client tells you occurred.
Then there is the test at the police station. On top of the problems mentioned at TalkLeft the machine is so screwed up that if an officer uses a radio near the machine it screws it up. Then the result from this machine is used as irrefutable evidence that your client was drunk. The blood-alchohol level where the assumption of guilt attaches is now so low that anyone who drinks has driven with that amount in their system; its just a lottery to see who the police will encounter on a given night.
I've seen a couple cases where rich defendants have dug in and started getting ready to go to the wall. If you have the money you can get experts to show how ridiculous the roadside tests are and how flawed the machine is. The cases tend to go away.
TalkLeft pointing out one of the errors in the machines which convict people of DUI's.
Let's be honest here - a regular citizen accused of a DUI is going to be convicted. He will have been "asked" to complete several tests which are very hard to pass sober. He will have things such as comprehending and starting to perform the test before the officer tells him to start the test counted as indicating drunkeness. He will then be "asked" to take the preliminary breath test which is so innacurate that it is not allowed in court. The way these happenings are presented in court is always sanitized; the officer's version never tracks with the what your client tells you occurred.
Then there is the test at the police station. On top of the problems mentioned at TalkLeft the machine is so screwed up that if an officer uses a radio near the machine it screws it up. Then the result from this machine is used as irrefutable evidence that your client was drunk. The blood-alchohol level where the assumption of guilt attaches is now so low that anyone who drinks has driven with that amount in their system; its just a lottery to see who the police will encounter on a given night.
I've seen a couple cases where rich defendants have dug in and started getting ready to go to the wall. If you have the money you can get experts to show how ridiculous the roadside tests are and how flawed the machine is. The cases tend to go away.
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Ouch. If this is even partially true the Danville police department is in a lot of trouble.
A contingent threat; an unwarranted warrant; a flash-bang; 24 rounds fired; the victim lies dying on the floor while police summoned someone to take pictures of the scene; and the victim dies.
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Ouch. If this is even partially true the Danville police department is in a lot of trouble.
A contingent threat; an unwarranted warrant; a flash-bang; 24 rounds fired; the victim lies dying on the floor while police summoned someone to take pictures of the scene; and the victim dies.
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"Inmates Dwayne White and Hakim Wilburn told the story of a jail-house game where inmates ``jump on'' a high profile case, read everything they can find about it and contact prosecutors' offices offering to testify.
`Jail hype was going around' about Kearney's case, White said.
Ronald Brookins, an inmate who testified against Kearney, bragged he would be home by the summer and have his Cadillac back as a result of his testimony, according to White.
Brookins said that he never talked to White."
And yet no new trial.
Every criminal lawyer worth his salt knows that this sort of scam goes on all the time. The convict tries to sell false info fora lessening of his sentence It is encouraged by police and prosecutors. Supposedly, the convicts are screened to exclude those who are lying but these guys are professional scam artists and the prosecution is predisposed to want to believe them. I've seen some of the ones who get thru; I'd hate to see the ones who don't make the grade.
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"Inmates Dwayne White and Hakim Wilburn told the story of a jail-house game where inmates ``jump on'' a high profile case, read everything they can find about it and contact prosecutors' offices offering to testify.
`Jail hype was going around' about Kearney's case, White said.
Ronald Brookins, an inmate who testified against Kearney, bragged he would be home by the summer and have his Cadillac back as a result of his testimony, according to White.
Brookins said that he never talked to White."
And yet no new trial.
Every criminal lawyer worth his salt knows that this sort of scam goes on all the time. The convict tries to sell false info fora lessening of his sentence It is encouraged by police and prosecutors. Supposedly, the convicts are screened to exclude those who are lying but these guys are professional scam artists and the prosecution is predisposed to want to believe them. I've seen some of the ones who get thru; I'd hate to see the ones who don't make the grade.
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Actions being taken in Lynchburg to try and deal with street violence by keeping kids from joining gangs.
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Actions being taken in Lynchburg to try and deal with street violence by keeping kids from joining gangs.
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The Judge gave the cow-starver his cattle back but is making him sell them.
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The Judge gave the cow-starver his cattle back but is making him sell them.
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Seems like Allen is a pick who would be left of most of the Fourth Circuit. Still, the Left is looking to see if they can Bork him.
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Seems like Allen is a pick who would be left of most of the Fourth Circuit. Still, the Left is looking to see if they can Bork him.
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02 May 2003
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Abuse a child under your care as a teacher and you will be reccomended for probation. However, common sense might prevail and the judge give you 10 months in jail.
10 months? 10 months?!? Sometimes I am so glad I don't have kids to worry about.
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Abuse a child under your care as a teacher and you will be reccomended for probation. However, common sense might prevail and the judge give you 10 months in jail.
10 months? 10 months?!? Sometimes I am so glad I don't have kids to worry about.
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RIAA engaging in its typical jack-boot tactics. It went after students who couldn't possibly defend themselves.
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RIAA engaging in its typical jack-boot tactics. It went after students who couldn't possibly defend themselves.
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An attorney broke client confidence to have a judge removed from the bench. He only got a six month suspension.
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An attorney broke client confidence to have a judge removed from the bench. He only got a six month suspension.
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A U.S. District Court judge declared part of the Code of Judicial Conduct of New York unconstitutional. The New York Court of Appeals is going to ignore that ruling.
As an aside, there seem to be a lot of judges getting thrown off the bench in New York.
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A U.S. District Court judge declared part of the Code of Judicial Conduct of New York unconstitutional. The New York Court of Appeals is going to ignore that ruling.
As an aside, there seem to be a lot of judges getting thrown off the bench in New York.
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"[C]lear and convincing evidence of actual innocence . . . undermines confidence in [Amrine's] conviction."
The Missouri Supreme Court has freed someone who spent 17 years in jail because he is actually innocent. Must be nice to live in a State which is civilized enough to actually let people out of jail because they are innocent.
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"[C]lear and convincing evidence of actual innocence . . . undermines confidence in [Amrine's] conviction."
The Missouri Supreme Court has freed someone who spent 17 years in jail because he is actually innocent. Must be nice to live in a State which is civilized enough to actually let people out of jail because they are innocent.
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Some in Congress are attempting to add gays to the protected classes.
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Some in Congress are attempting to add gays to the protected classes.
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California has an interesting system for paying lawyers on death penalty cases. Apparently, you can hire someone to represent you and when you run out of money (which will happen pretty quick if you are not O.J.) the government starts picking up the tab.
Not a bad idea.
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California has an interesting system for paying lawyers on death penalty cases. Apparently, you can hire someone to represent you and when you run out of money (which will happen pretty quick if you are not O.J.) the government starts picking up the tab.
Not a bad idea.
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01 May 2003
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They're going to keep this guy in prison one way or another.
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They're going to keep this guy in prison one way or another.
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10 days before McVeigh was killed Ashcroft received a message telling him:
"Material evidence presented by the government in the OKBOMB prosecution through the testimony of Mr. Burmeister appears to be false, misleading and potentially fabricated."
McVeigh was killed anyway.
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10 days before McVeigh was killed Ashcroft received a message telling him:
"Material evidence presented by the government in the OKBOMB prosecution through the testimony of Mr. Burmeister appears to be false, misleading and potentially fabricated."
McVeigh was killed anyway.
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A more indepth review of the Richmond trespassing case.
I predict that the Va. Supremes will be upheld. After all, imagine what it takes for a Virginian appellate court to overturn a criminal conviction.
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A more indepth review of the Richmond trespassing case.
I predict that the Va. Supremes will be upheld. After all, imagine what it takes for a Virginian appellate court to overturn a criminal conviction.
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A long time ago I read Dershowitz's letters to a young lawyer. I remember thinking that it was a good guide for the thinking of dabblers (professor and the like who occasionally practice criminal law but are able to walk away and therefore can engage in, and urge, practices a normal practitioner would have difficulties with). Still, this section always struck me as directly on point:
Some of the key rules of the justice game:
I - Most criminal defendants are, in fact, guilty.
II - All criminal defense lawyers, prosecutors and judges understand and believe Rule I.
III - It is easier to convict guilty defendants by violating the Constitution than by complying with it, and in some cases it is impossible to convict guilty defendants without violating the Constitution.
IV - Many police lie about whether they violated the Constitution in order to convict guilty defendants.
V- All prosecutors, judges and defense attorneys are aware of Rule IV.
VI. Many prosecutors implicitly encourage police to lie about whether they violated the Constitution in order to convict guilty defendants.
VII - All judges are aware of Rule VI.
VIII - Most trial judges pretend to believe police officers who they know are lying.
IX - All appellate judges are aware of Rule VIII, yet many pretend to believe the trial judges who pretend to believe the lying police officers.
X - Most judges disbelieve defendants about whether their constitutional rights have been violated, even if they are telling the truth.
XI - Most judges and prosecutors would not knowingly convict a defendant who they believe to be innocent of the crime charged (or a closely related crime).
XII - Rule XI does not apply to members of organized crime, drug dealers, career criminals or potential informers.
XIII - Nobody really wants justice.
p. 81-82
This pretty much sums up criminal law and is one of the reasons that practicing criminal defense can be most frustrating (and why victories provide such a good feeling).
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A long time ago I read Dershowitz's letters to a young lawyer. I remember thinking that it was a good guide for the thinking of dabblers (professor and the like who occasionally practice criminal law but are able to walk away and therefore can engage in, and urge, practices a normal practitioner would have difficulties with). Still, this section always struck me as directly on point:
Some of the key rules of the justice game:
I - Most criminal defendants are, in fact, guilty.
II - All criminal defense lawyers, prosecutors and judges understand and believe Rule I.
III - It is easier to convict guilty defendants by violating the Constitution than by complying with it, and in some cases it is impossible to convict guilty defendants without violating the Constitution.
IV - Many police lie about whether they violated the Constitution in order to convict guilty defendants.
V- All prosecutors, judges and defense attorneys are aware of Rule IV.
VI. Many prosecutors implicitly encourage police to lie about whether they violated the Constitution in order to convict guilty defendants.
VII - All judges are aware of Rule VI.
VIII - Most trial judges pretend to believe police officers who they know are lying.
IX - All appellate judges are aware of Rule VIII, yet many pretend to believe the trial judges who pretend to believe the lying police officers.
X - Most judges disbelieve defendants about whether their constitutional rights have been violated, even if they are telling the truth.
XI - Most judges and prosecutors would not knowingly convict a defendant who they believe to be innocent of the crime charged (or a closely related crime).
XII - Rule XI does not apply to members of organized crime, drug dealers, career criminals or potential informers.
XIII - Nobody really wants justice.
p. 81-82
This pretty much sums up criminal law and is one of the reasons that practicing criminal defense can be most frustrating (and why victories provide such a good feeling).
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