We have another judge who has decided to create his own system of criminal punishment with novel sentencing. Oklahoma judge Mike Norman has magnified this increasingly common form of judicial abuse by adding compelled religious observance to sentence. Norman deferred a prison sentence for Tyler Alred, 17, in exchange for his agreement to attend church for 10 years. Norman observed “[t]he Lord works in many ways,” including it appears through him and his court. While many would view the imposition of religious observance in a criminal sentence as something akin to an American Taliban court, Norman insists that he has judicially ordered religious practices in the past.
Category: Courts
Cortland County District Attorney Mark Suben, 69, recently secured reelection after a tough campaign. Nothing strange there. District Attorney positions are often much sought-after positions. However, Suben was hounded by media questions of whether he was previously known as Gus Thomas, a porn star in at least 12 films, such as “Devil’s Due,” “Bedroom Bedlam,” “Deep Throat 2,” “Lecher” and “The Love Witch.” He vehemently denied the allegations . . . until he was reelected. He now admits that he repeatedly lied to the public and the press but he refuses to resign. In “Devil’s Due,” he played an actor who tricked women into bondage.
Respectfully submitted by Lawrence E. Rafferty(rafflaw)-Guest Blogger
We have discussed the enforcement of torture laws many times here on Prof. Turley’s blog and the policy of the Obama Administration to “look forward” and not go after the Bush Administration for its admitted torture of detainees. With that in mind, it was interesting to read this week that 4 victims of torture under the hands of the Bush Administration have turned to the United Nations Committee against Torture in a last effort to get justice. “Hassan bin Attash, Sami el-Hajj, Muhammed Khan Tumani and Murat Kurnaz—they are all survivors of the systematic torture program the Bush administration authorized and carried out in locations including Afghanistan, Iraq, Guantánamo, and numerous prisons and CIA “black sites” around the world. Between them, they have been beaten, hung from walls or ceilings, deprived of sleep, food and water, and subjected to freezing temperatures and other forms of torture and abuse while held in U.S. custody. None was charged with a crime, two were detained while still minors, and one of them remains at Guantánamo.
This week, in a complaint filed with the United Nations Committee against Torture, they are asking one question: how can the man responsible for ordering these heinous crimes, openly enter a country that has pledged to prosecute all torturers regardless of their position and not face any legal action?” Truthout Continue reading “Who Will Enforce the Laws Against Torture?”
Submitted by: Mike Spindell, guest blogger
While the United States of America is many things to many people, it is not as is popularly conceived a Democracy and it never has been. This view is not coming from a perspective of politics, but one of stark reality. The thinking of the overwhelming majority of our Founding Fathers, as embodied in the Constitution they wrote, was certainly not to give power to the masses. I don’t believe this point is in dispute by the majority of Constitutional experts, despite their various positions on the political spectrum. Most politicians with self-awareness and intelligence have always known that we are not a Democracy as a country, despite the fact that most also proclaim it to be a Democracy. The problem with what I just wrote is that defining Democracy is a very slippery process and as I will show, the word means very different thing to many different people.
Permit me to begin by defining Democracy in terms of the myth that has been created around it in American parlance: “Democracy represents both the Will and the Rule of the People over their government. As such it is the best form of government for all”. Whether we believe it or not all Americans have grown up under this national myth and its’ use is ubiquitous to both domestic and foreign policy. The many wars this country has fought were prosecuted in the interests of this myth of Democracy, whether in destroying the Axis in World War II to save the world, or to nurture its creation and existence in numerous foreign lands. A student of history understands that the reasons for the wars America has fought are far more complex and ultimately self-serving than protecting Democracy. Nevertheless, to initially go to war, a populace must be energized by the belief that it will be fought for a higher purpose, in order to send it young adults to fight and potentially die. This energy in America usually has come from a combination of the myth of protecting democracy and a general threat to all the people. The simple rubric in my lifetime and in the history before it, is that we are fighting for Democracy. I will explore this myth, so central to our lives of citizens and discuss its implications. Continue reading “Democracy in America: What Does it Mean?”
The people of Brasstown, North Carolina have been ordered by Judge Fred Morrison that they need to stop playing possum and just kill wild animals rather than capture and release them as part of their New Year celebrations. The town has a tradition called “New Year’s Rockin’ Eve,” which includes a “possum drop.” The possum is not actually dropped. A possum is caught in the wild and lowered in a plexiglass cage for about ten seconds. It is then released back into the wild. Judge Morrison held essentially kill the possum and then lower it or spray paint a cat to look like a possum. A video of the brief descent is below.
Grant Hayes, 33, should have a great deal more on his mind as he faces a trial for the murder and dismembering of his ex-girlfriend in North Carolina. However, Hayes has fired his second court-appointed lawyer and demanded a “black attorney from Durham.” Hayes, 33, and his wife, Amanda Perry Hayes, 40, face first-degree murder charges.
Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger
I was struck by a news story earlier this week, not only because of its importance, but because of how little air time it received in the mass media. Earlier this week, the victims of the 2011 mass shooting in Tucson, Arizona had a chance to speak to the man responsible for those hideous acts. One statement was especially powerful and it was from the husband of Gabby Giffords, now a former Congresswoman from Arizona. I apologize for the length of the following quotations, but I think it is important to read most of what Gabby’s husband said to Mr. Jared Loughner, who perpetrated the crime. Continue reading “Guns and the Collateral Damage That They Do”
Submitted by: Mike Spindell, Guest Blogger
Normally, when I work on a guest blog it takes me some hours of research and writing since I type slowly and try to be as accurate as I can be. This one will be a little different because it is written mainly to refer you to the transcript and/or podcast of a fantastic interview with the investigative journalists Donald L.Bartlett and James B. Steele. The interview was conducted by Rob Kall, whose OpEdNews website http://www.opednews.com/ is one that I look to for interesting insight into the political issues of the day. The interview deals with these authors’s current book which is called: The Betrayal of the American Dream”.
Rob Kall’s interview with the author’s is lengthy and so rather than my usual effort to provide a synopsis and relevant quotes of a position that I endorse, I’m going to give you a hint of what this interview contains and the provide you the links so that you can make your decision on the author’s thesis and hopefully be informed on some very important issues for all of us. Readers here know I supported President Obama for re-election, but have been critical of many of his policies. This interview and the book that it is about, demonstrate that the forces at play in the rapid decline of the American Middle Class seem beyond the power of our government to control, simply because they are backed by an elite that not only finances election campaigns, but that has also dominated the discussion with so much false propaganda, that today’s politicians who were born later than 1960 are not even familiar with the reality of how much our economic landscape has changed. Because of this unfamiliarity many don’t even have the conceptualization that things used to be different and why they’ve changed so drastically. In that sense this is less about conspiracy and more about the effect poor education, corporate media and propaganda can accomplish. When I say that the problem is beyond government’s power to fix, it is with the caveat that if the issues presented here were first understood, then maybe we could combat them. In some sense we are all blind men, hypothesizing the nature of an elephant by touching different parts. This interview and the book it is about can miraculously cure the blindness and start the discussion on how we can deal with this 3,000 pound elephant in the room we call America.
I will mention two, among many, of the major factors in the decline of the American Middle Class laid out by the authors. The first is that until the 1970’s our Income Tax was really graduated to the point that government had ample revenue to do its job. The second is that one of the major revenue sources for the Federal Government was tariffs. It was the dismantling of the graduated Income Tax and the proliferation of trade agreements reducing tariffs (and tariff revenue) that have been major pieces in the shipping of jobs overseas, increasing our national debt and destroying what was the greatest industrial economy in the World. For me, a child born to politically aware parents, before the end of World War II, I’ve lived through this history and watched in dismay as these changes took effect. Most Americans though, except for those most prescient, have no idea of what was done, simply because these changes took effect before they were born, or in their early youth. This election past and the polling of attitudes that went with it, show that the majority of Americans perceive that they are being cheated, but often their perception of how, has been skewed by the disinformation that is rampant to the extent that they blame it on the wrong source. If you read either the transcript of this article: “The Selling Out of the Middle Class is No Accident” at this link: http://www.opednews.com/articles/1/The-Selling-Out-of-the-Mid-by-Rob-Kall-121017-79.html or listen to the interview at this podcast: http://www.opednews.com/Podcast/Applying-Investigative-Jou-by-Rob-Kall-120915-680.html
I deeply believe that it will be time well spent.
We previously discussed the bizarre case of Cook County Judge Cynthia Brim, a judge in Markham, Illinois who has been barred from entering the courthouse without police escort and has a prior arrest for assault. Well, Cook County voters have now returned her to the bench in the election this week. She was reelected despite the fact that she is currently in court not as a judge but as a criminal defendant asserting an insanity defense. She was reelected the same week as Jesse Jackson Jr. who is currently housed in the Mayo Clinic for mental illness while reportedly negotiating his own plea bargain to criminal charges.
You remember Roy Moore. He was the Alabama judge who was challenged by the ACLU for posting a copy of the Ten Commandments in his courtroom and began jury deliberations with a prayer for divine guidance. He became the personification of the movement in the United States to reduce the wall of separation between Church and State. Most people assumed that he has returned to well-deserved obscurity. Well guess again. As of last night, he is again the Chief Justice of the Alabama Supreme Court.
Continue reading “He’s Baaaack: Roy Moore Elected Chief Justice of Alabama Supreme Court”
I have previously written about the rise of shaming punishments in the United States in both blogs (here and here and here and here) and columns (here and here). We can now add Cleveland Municipal Court Judge Pinkey S. Carr to the ignoble line of judge meting out their own forms of justice through humiliating acts. In this case, as shown in the video below, Shena Hardin, 32, is requiring to wear a sign calling herself an “idiot” in public for repeatedly driving around a school bus on the sidewalk while children were boarding.
Cook County Judge Susan McDunn has had a controversial career with allegations from anti-gay bias to sheer incompetence. She is now adding suggestions of paranoia after appearing in federal court demanding to know what secret and sealed cases have been brought against her — despite the fact that no one has any evidence of such cases existing. Yet, McDunn insists “I’m not paranoid.” She could add that “even if I am paranoid it doesn’t mean my spiritual adviser is not after me.”
Respectfully submitted by Lawrence E. Rafferty (rafflaw)- Guest Blogger
We all know or should know the Fourth Amendment and how it protects all citizens from an illegal search and seizure of our property and person. ‘ “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.’ ” Cornell Law
Over the years, this valuable right has been watered down. Recently, the Roberts Court heard arguments in a case that did not get much media attention. That case involved a man who was arrested and detained after a traffic stop just because he had been in an apartment that the police had just exercised a search warrant. The name of the case is Bailey v. United States and oral arguments in front of the Supreme Court were heard on November 1st, 2012. Bailey v. United States The narrow issue that the Supreme Court is deciding is whether an individual can be detained by the police merely because he recently left a residence before the police executed a search warrant at that location. Sounds like a no brainer, doesn’t it? Continue reading “The Watering Down of the Fourth Amendment”
Submitted by: Mike Spindell, Guest Blogger
I’m a legal resident of Florida and this week I took advantage of early voting. While I’ve been a political activist for most of my life and usually have a good idea of the issues involved in any particular election, this vote brought home to me that I wasn’t as smart and informed in this election as I supposed. This thought occurred to me the night before I voted, when I carefully looked over the sample ballot sent to me by my County Board of Elections. The sample ballot had six pages and the opportunity to vote twenty six separate times. The first seven of the twenty-six votes, were “no brainers” since it started with the Presidency and ended with County Commissioner. I was familiar with each of these elective offices and the issues entailed in each particular race, but that’s where my familiarity with the issues involved in the next nineteen votes ended. The next possible votes were on whether each of three particular State Supreme Court Judges should be allowed to continue their terms? Not knowing these Judges and/or their judicial views how was I to make such a decision? The next vote was also on whether a particular Justice of the Court of Appeals should be retained in office. The final electoral decision was a vote between one of two people for a four year term to the County Soil and Water commission. This was not a party affiliated position, so other than their names, I had no idea who to vote for, or what their particular conservation philosophy entailed.
Needless to say, I went on the web and found out what was going on in the Judges recall. This is the story and its’ Washington Post link: A Koch Brothers-backed campaign is seeking to vote out three Florida Supreme Court justices.
“A loosely organized Internet campaign against the court two years ago has been fortified by the conservative group Americans for Prosperity, founded by billionaire activists Charles and David Koch. And then came the surprise announcement that the Republican Party of Florida had decided to oppose all three justices, an unprecedented move in the nonpartisan vote.
Party leaders said that “collective evidence of judicial activism” showed the jurists to be liberals who are out of touch with the public. Opponents point to the court’s death penalty decisions and a ruling that kept an “Obamacare” referendum off the 2010 ballot. But the justices’ supporters say an effort is underway to pack the court with new appointees and deliver Republicans the only branch of state government they don’t control.”
While it is true that I had no clue that such a Campaign was going on, in my defense I was out of State for the entire summer and not paying attention to local affairs. This guest blog, however, is not about the Koch’s judicial ploy, but about what followed it on the Florida Ballot. This was the vote on eleven Florida Constitutional Amendments and why I believe that the nationwide movement for voter ballot initiatives is an idea to support democracy, which in practice is anti-democratic in nature. Continue reading “Too Much Democracy?”
In Oregon, Washington County Circuit Judge D. Charles Bailey has ruled rejecting a bid from a dog rescue organization to take custody of an obese dachshund named Obie weighting 77 pounds. Oregon Dachshund Rescue Inc. wanted to take Obie away from foster owner Nora Vanatta, a former veterinary technician. A Washington couple gave up Obie when they could not control his eating which seems a bit strange since Obie cannot buy food or set it out himself.
Continue reading “Oregon Judge Rules Obie, The Obese Dashhound, Must Stay With Foster Owner”