Month: August 2007

Uncategorized

Lisa Nowak and the Right of Counsel

In the bizarre case of former astronaut Lisa Nowak, there appears a valid constitutional concern. According to her counsel, Nowak repeatedly asked if she should have an attorney and indicated a desire for such counsel. The police insist that she did not express demand an attorney before giving incriminating information. The line here is murky. Under cases like Edwards, questioning must stop when counsel is demanded. The clarity of such a demand, however, has often been in dispute. What is disturbing is that the detective clearly understood that rule and, rather than acting to protect her rights, used her confusion to elicit incriminating information. The case is being heard in Orlando, Florida.

For the CNN story, click here

Uncategorized

Medical Malpractice Alleged After Doctor Operates on Wrong Side of Head

A doctor in Rhode Island is being accused of operating on the wrong side of the head of an 86 year old man. Such mistakes have been documented in other cases, often as the basis for battery charges. Even a consensual surgery is battery, if the doctor operates on part of the body that was not part of the original consent. Such battery charges often accompany negligence charges.

For the article, click here

Uncategorized

No Duty to Rescue Rule and Rape

One of the longest standing debates in law is over the rule that one has no duty to rescus another individual unless they are responsible for the damage or harm. Thus, in even the lowest cost rescues, bystanders cannot be charged. In the criminal area, this becomes even more shocking as in the most recent case of a woman who called out to at least 10 witnesses for help during a rape and assault. No one came to her aid. The alleged assault lasted for 90 minutes in a St. Paul apartment building.

For the story, click here

Military

Marine Drill Instructor Charged with Boot Camp Abuse

Marine drill instructors are famous for their use of language and bodily intimidation. However, a new case illustrates the new limits on such conduct with hundreds of counts against a drill instructor for abuse of recruits. This has long been a controversy in military training based on the theory that physical fear and intimidation break down a civilian and allow the reconstruction of a tougher soldier.

For the story, click here

Justice

Reselling Defective Toys

A recent article details how many defective toys, like those recalled from China, are still be sold on sites like Ebay. Under the common law, a private seller is not subject to strict products liability. Only commercial sellers are subject to such litigation. What is interesting is that a department store with knowledge of the defect would also be liable. Ebay, however, could offer the novel defense that they are merely a conduit for private sales.

For the article, click here

Uncategorized

Boy Suspended for Sketching a Gun at Arizona School

In another example of the mindless crack down on kids in schools, officials suspended a boy for drawing a gun. That’s right, drawing a gun. This is another example of a national debate over boys and guns. For prior column, click here

The Arizona school officials have shown the same mindless application of this policy that we have seen in other states. We have seen other bizarre punishments in the zero tolerance policy on drugs (even aspirin). What is lacking is any level of discretion and analytical thought. It undermines a legal system to have educators applying rules in such blind, Stalinistic ways.

For the story, click here

Justice

Criminal charges against grandmother for badly kept lawn

A story today about criminal charges against a grandmother for not keeping a nice law is part of a large problem of criminalization of conduct in America. For prior column, click here

Increasingly, legislators are making any obnoxious conduct or social priority a criminal matter. This is not only giving millions of people criminal records, but it is destroying the distinction between civil and criminal violations — a foundation for our legal system.

For the latest criminalization story, clickhere

Congress, Politics

Mark Foley’s Computer and the Page Sex Scandal

Associated Press is reporting that the House is refusing access to Mark Foley computer as congressional work product. This is part of the debate over the Jefferson raid that I testified on in the House Judiciary Committee. For the testimony, click here. The House is saying that it is up to Foley to release the papers, which I think is only partially true. There are other options and the House could release the computer records under some circumstances. It is a crime in Florida to engage in sexually explicit communications or solicit sex with a minor. One possibility is for the House to use a congressionally approved filter team — something Foley could agree to.

For the story, click here

Justice

Iran’s Flogging Punishment for Sex

Today, the Daily Mail revealed images of Iran’s continued corporal punishment laws for consensual sex. The pictures are a stark reminder of the cruelty and sadism of these religious based laws. It is a useful and cautionary story to read for those who support the use of the law to enforce morality tenets of a religion. What is most disturbing is the hundreds of people vying to watch the disgusting display of primitivism.

For the story, click here

Uncategorized

New York’s Peeping Tom Law

New York is now considering the latest expansion of criminal law with vaguely worded laws. Council member Vallone wants to arrest people who are “observed repeatedly positioning himself to view another person’s “intimate parts” that otherwise would not be visible to the public.” This was triggered by a man who was viewed at one of Vallone’s stops as looking up the dresses of women by standing beneath stairs. Of course, rather than write a law that seems on its face void for vagueness, New York could cover such stairs from below to avoid both intentional and inadvertent viewings.

For the story, click here

Justice

Make My Day Laws and the Ohio Case of the Spooky House

A recluse has been charged with shooting two girls who came on his property on a dare. His house is viewed by the community as something of a haunted house, leading the girls to dare each other to go close to the dwelling. They did not get far before running away. However, one of the occupants fired a rifle at them. Thinking that the shots were fire crackers, the girls circled and were shot from the house.

Many states have “Make My Day” laws that had led to such shootings, including a terrible case in Baton Rouge where a Japanese student was shot and killed through a front door when he became confused about the address. The common law did not allow the use of lethal force to protect property. It could only be used to defend oneself and had to be a level of force that was roughly equivalent with the threat.

In this case, the man insists that he was just trying to scare the girls. For the story, click here