We have long discussed our close alliance with Saudi Arabia despite that country’s denial of the most fundamental human rights for women, non-Muslims, journalists, and political dissidents. While the State Department continues to vaguely reference “reforms” in the Kingdom, the Saudi Sharia courts and religious police continue to generate shocking medieval cases where people are flogged or executed for exercising free thought or associations. The latest outrage is the death sentence given Ashraf Fayadh, a Palestinian poet and leading member of Saudi Arabia’s contemporary art scene. He has been sentenced to death for renouncing Islam, being an atheist (which he denies) and insulting Saudi Arabia. Many view his real offense as being his embarrassment of the infamous religious police (mutaween) in Abha after he posted a video of their lashing a man in public. As is often the case in the pseudo, “courts” of Saudi Arabia, he was denied counsel and any real opportunity to present a defense.
Category: Criminal law
By Darren Smith, Weekend Contributor
An inmate who previously escaped from a detention facility in Chicago filed a lawsuit against the government demanding ten million dollars in damages resulting from his escape caper failed to convince the Seventh Circuit of his claim’s merit, but the court at least acknowledged his lawsuit “gets credit for chutzpah.”
The jailbreak occurred in 2012 when plaintiff Jose Banks and a cellmate rappelled down seventeen stories down a high-rise corrections center using a rope constructed of sheets and dental floss. He managed to hail a cab and evade law enforcement for several days before recapture.
Banks claimed among other things that he suffered emotional injury from the trauma of fearing for his life as he dangled from the makeshift rope used in his escape.
Harvard Law students have started a campaign to drop the historic seal of Harvard because it is tied to an 18th-century slaveholder. The students organization, Royall Must Fall, have held campus demonstrations demanding the removal of the seal. The three sheaves of wheat on the seal come from the Royall family crest (which raises the compromise possibility of just replacing that portion of the seal attributed to the Royall family). Third-year law student Alexander Clayborne insists that the effort is part of “[o]ur larger goals include decolonization of the law school in general and decolonization of the law school curriculum.”
We have previously discussed the curious pattern of people with past crimes seeking employment in law enforcement . . . only to end up as a defendant rather than an applicant. The latest to join this ignoble group is John Wesley Rose, 25, who applied for a job at a Michigan sheriff’s department despite an outstanding warrant in Kentucky on sexual assault charges.
It appears that the Obama Administrations is not alone in pursuing journalists in the search for whistleblowers and leakers. Emiliano Fittipaldi has revealed that he has been interrogated and faces charges from Holy See prosecutors. He was given a Vatican summons to appear to answer questions about his recently published book “Avarice.”
A Florida Appellate Court has ruled in favor of Patrick Neptune, a man who was barred under a clearly unconstitutional ruling from criticizing a local police officer on the Internet. Neptune accused Miramar Police Department Officer Philip Lanoue of first cutting him off in traffic and then following him home and giving him a ticket. After Lanoue sought a stalking injunction, a court issued an order including a bar on his criticizing the officer on the Internet.
San Francisco police and prosecutors have opened a criminal investigation following the posting of videotape in the Mission District showing two Alameda County sheriff’s deputies beating 29-year-old Stanislav Petrov. Petrov is still recovering from his injuries and the incident is being compared to the Rodney King beating. The video shown below is quite disturbing.
We have been following the rapid decline of free speech rights in Europe and Canada. Germany has long been the subject of criticism from the free speech movement. The country has long criminalized speech dealing with World War II and the Nazis. While the real benefit of those laws has been questioned given the long existence of a neo-Nazi groups in the country, prosecutors continue to bring troubling charges against those who voice unpopular or obnoxious beliefs in prohibited areas. The latest is Ursula Haverbeck, an 87-year-old German Neo-Nazi grandmother who has been sentenced to 10 months in prison after being found guilty of denying the Holocaust. She does not believe that the Holocaust was real but, rather than leaving the matter to open debate, the Germans are imprisoning her for either not changing her mind or not staying silent about her views.
In Missouri, there is a deeply unsettling crime involving two boys, aged 13 and 14, where Tanya Chamberlain, 43, was brutally stabbed in the face, neck, chest and hands. After killing her, the two teens went on a joyride with her dead body propped up in the front seat. The case again raises the question of when minors should be be tried as adults in our country.
Today I have the honor of moderating a remarkable panel at the World Bank as part of its Law, Justice, and Development week. The panel entitled “Clean Solutions for Dirty Money: Closing the Implementation Gap” will look at the current status of the global anti-money laundering (AML) legal regime and the need for possible reforms, including such questions as whether there is any concrete, empirical evidence that the regime actually works and whether the compliance costs associated with the regime outweigh whatever effectiveness there is in the system. There are also growing questions over the “opportunity costs” associated with the existing AML regime such as the huge amounts of money being spent on compliance as well as humanitarian costs associated with the restriction on money transfers and movement.
Continue reading “Turley To Moderate Panel On Money Laundering At World Bank”
By Darren Smith, Weekend Contributor
Simple marijuana possession is legal in several states and is likely to be in others in the future. Yet, the taint of a marijuana conviction on record can be a limiting factor for the convicted seeking employment and other benefits–Especially for engaging in an act that is essentially legal in green states. While certainly the courts are under no present obligation to expunge these records, morally it can be argued that state legislatures should put this social handicap to a rest.
Continue reading “It’s Time To Expunge Minor Marijuana Conviction Records In Legal States”
By Darren Smith, Weekend Contributor
Last week I featured an article describing how the Washington State Department of Labor and Industries engaged in promoting and displaying the artwork of imprisoned capital murderer Leonard Peltier at its headquarters. The article and enquiries I made to various law enforcement officials and the former FBI Agent’s Association generated a considerable backlash against the agency for its actions.
On Friday I met with KING-5 News reporter Drew Mikkelson and Former FBI Agent Ray Lauer representing the Seattle Chapter of the Retired FBI Agent’s Association at the behest of its national headquarters, for interviews on this controversy. The story was featured on the medium’s 6:30 broadcast.
Leonard Peltier was convicted of two counts of murder in the deaths of FBI Agents Jack Coler and Ron Williams, both twenty-eight years old at the time. On the fortieth anniversary year of the deaths, Labor and Industries hosted the artwork of Leonard Peltier which sparked outrage among former FBI agents, the law enforcement community, and family members of the deceased agents.
In an interview, L&I’s spokesman Tim Church explained that his agency did not intend to further Peltier’s cause by displaying his art, yet his agency did just that by its promotion. The Washington agency further claimed that his paintings were part of the Native American contribution to the art during a Native American Heritage Month celebration. The agency was displaying a selection of other works, however displayed Mr. Peltier’s art more prominently in the main rotunda of the headquarters next to the main entrance. Moreover the government provided flyers and cards attached to the paintings directing the viewer on how to contact the gallery. Though I saw and photographed these promotional materials during my first visit to the headquarters, the department removed these prior to our arrival for the interviews.
We have been discussing the alarming erosion of free speech in Canada in the last few years — part of a trend in the West. Those concerns have been rekindled by the trial of Roy Arthur Topham, who was charged with promoting hatred against Jewish people through his website RadicalPress.com. He was arrested by the RCMP Hate Crimes Unit in 2012.
Continue reading “British Columbia Man Stands Trial For The Crime Of Criticizing Jews On His Blog”
Raiders Linebacker Ray-Ray Armstrong is reportedly under criminal investigation for taunting of a police K-9 as he ran out on to the field for the game against the Steelers at Heinz Field. It is a crime in Pennsylvania to taunt a K-9. As many of you know, I am pretty over-the-top dog lover but I seriously question the need to criminalize such an encounter in the super charged atmosphere of a football game. Once again, I fail to see why such matters cannot be handled with a simple reprimand and an apology rather than criminalize thoughtless or obnoxious behavior.
The Supreme Court has reversed the United States Court of Appeals for the Fifth Circuit in a police shooting case where a police officer who fired six times at the car of a fleeing arrestee. The Court found that the officer was entitled to qualified immunity in a civil suit. The ruling comes as prosecutors filed charges against two Louisiana officers in the Fifth Circuit in the shooting death of a 6-year-old autistic boy. Thirty-two-year-old Derrick Stafford of Mansura and 23-year-old Norris Greenhouse Jr., of Marksville each is charged with second-degree murder and attempted second-degree murder. Bond has been set at $1 million for each officer. The father has not been told that his son was killed.