Category: Criminal law

Edward Snowden And The Public Interest Defense: Part 1 – What An Old Roman Can Teach Us About The Defense Of Political Crimes

By Mark Esposito, Guest Blogger

This is the first of a multi-part article on the Public Interest Defense and its application to the the Edward Snowden situation. The defense is not recognized in America but other nations have considered this legal mechanism to provide an appropriate way to deflect criminal charges from whistleblowers like Snowden. Part 2 can be found here.

The Legend of Publius Horatius

The Oath of the Horatii
The Oath of the Horatii

For centuries, children in ancient Rome would recount the legend of Publius Horatius, one of three Horatius brothers (known as the Horatii), who fought to defend Rome from attack by the militaristic and close-by Italian city-state of Alba Longa. Rather than engage in a pitched battle of armies for supremacy of the peninsula and subject all of Latinium (as Italy was then known) to the vulnerability of foreign attack, Rome and her rival opted to name a triumvirate of champions to fight to the death to decide the fates of two ancient megalopolises. One would emerge as the dominating power and the other would be relegated to a vassal state. The Horatii seemed the obvious choice among the Roman legionnaires as the triplet brothers  were unequaled among their peers in strength and martial prowess. Swearing an oath to fight to the death, the brothers strode to the Field of Mars to battle for both the glory and survival of Rome. For her part, Alba Longa chose her own incredibly coincident set of warrior  triplets known as the Curiatius brothers (or the Curiatii) who swore an equally obligating oath to “return either with their shields or on them” as a Spartan might say.

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Brain Bandit: Indiana Man Arrested At Dairy Queen Allegedly Trying To Sell Stolen Brains

140102193759-david-charles-story-topA-very-old-section-of-a-human-brain-preserved-in-formaldehyde-in-a-sealed-glass-container.-The-vintage-piece-was-recently-discovered-in-an-abandoned-mental-hospital.-ShutterstockDavid Charles had 61 brains and yet seems to function on a room temperature IQ. He was spotted trying to sell the brains on Ebay. Charles, 21, was arrested at a Dairy Queen in Indiana in an alleged scheme to sell roughly 60 brains stolen from the Indiana Medical History Museum. He fit in well with DQ slogan of “So Good It’s RiDQulous.”

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Turley Blog Selected As Top News/Analysis Blog

eurocuptrophy80mm2008Well, the results are in and we have another distinction to crow about at the blog. We have been selected as the 2013 top News/Analysis site among the competing world blogs in the annual ABA Journal survey. The success of this blog is due entirely to our unique community around the world, which have maintained a site where the issues of our day can be discussed with passion but civility. Thanks to all of our regulars and particularly our our talented and popular weekend team of guest bloggers: Mike Appleton, David Drumm, Mark Esposito, Gene Howington, Elaine Magliaro, Larry Rafferty, Darren Smith, Mike Spindell, and Charlton Stanley. While we created and maintain this site to allow us to share our thoughts, it is always gratifying to receive such recognitions. It is always my hope that the selection will bring new people to our site to further expand the voices and views on legal, political, and sometimes just plain bizarre stories.

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Federal Prosecutors Charge White Man With Hate Crime After “Knockout” Game

conrad-alvin-barrett.jpg.siThe Justice Department has decided to charge Conrad Alvin Barrett, 27, with a hate crime in the “knockout game”-style attack against a black victim in Katy, Texas. The victim was a 79-year-old black man. The prosecution — and heavy punishment — of Barrett is clearly warranted if found guilty of the attack. However, the intervention of the Obama Administration is being questioned and is likely to add to preexisting concerns over the use of hate crimes to federalize state criminal actions and the standard for such prosecutions.

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Indian Police Hijack Hearse Of Gang Rape Victim To Take Body For Forced Cremation

India flagWe have been discussing of the continuing rape epidemic in India, including repeated rapes by police officers in that country or efforts by police to shield rapists. Police in Kolkata reached a new level of abuse in actually hijacking the hearse of a victim who was gang-raped and dumped at at a hospital for nine days with fatal burns. The police then tried to force the family to agree to an immediate cremation.

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New York Shelter Worker Arrested For Allegedly Taking $500 To Care For Dog And Then Throwing Her Into Dumpster

3117659_GPapinimugshotFor animal rights advocates, Michael Papini, 30, could be the ultimate fallen angel is allegations against him are proven. The Suffolk County SPCA says that it was a videotape of Papini throwing a plastic bag into a dumpster that they say contained the female Lhasa Apso shown above. He is being charged with felony aggravated animal cruelty, animal abandonment, and other related charges.

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Hare And Hype: Iowa Professor Resigns After Admitting To Faking AIDS Vaccine Research

IowaStateUniversitySeal220px-Whiterabbit86-300Iowa State University professor Dr. Dong-Pyou Han has resigned after admitting he falsely claimed results to suggest a breakthrough in a vaccine for the AIDS vaccine.  Han received a $19 million grant after reporting that rabbit blood could be turned into a vaccine. Turns out it was just hare and hype.

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India Muslim Party Reportedly Calls For Homosexuals To Be Executed

India flagRainbowFlagWe recently discussed the Indian courts reinstating the criminalization of homosexuality in that country.  Now, the Indian National League, a Muslim political party, has reportedly launched a public campaign calling for all homosexuals to be killed under the nation’s death penalty. The posters appearing around the country also claims that freedom of expression is being abused by gays and lesbians in advocating their cause. This story has appeared on a couple of gay rights sites covering India but has not appeared in the mainstream press.

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Hopes For the New Year

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Respectfully submitted by Lawrence E. Rafferty(rafflaw)-Guest Blogger

With the end of 2013 fast approaching, I have begun to wonder what the New Year holds for the country.  It looks like the Affordable Care Act is finally getting its website to function properly and the sign ups are now being counted in the millions.  Wall Street is still booming with the Dow Jones over 16,000, but yet unemployment is still too high and Congress is still trying to push austerity for the middle class and the poor, while doing everything in its power to prevent corporations and the wealthy from paying their fair share of taxes.  The Citizen’s United decision opened the money floodgates and needs to be curbed.  The military budget was spared in the recent Budget Deal, but yet unemployment benefits for millions have not been extended.

The gun lobby continues to prevent reasonable gun control legislation and needless scores of innocents continue to be slaughtered.  Instead of closing the gun show loophole or mandating reasonable and effective universal background checks, Congress did nothing.   Although there has been some recent movement from the Obama Administration to push Congress to allow the closing of the prison at Guantanamo Bay, the facility remains open after 12 years.  With all of the bad news or non-action on many fronts, is it possible to have hope that 2014 will bring better news for all Americans?  Continue reading “Hopes For the New Year”

They Killed Him So Let’s Make a Buck

Submitted By: Mike Spindell, Guest Blogger

JFKRiceUniversityI’ve written before about the fact that the murder of JFK in Dallas was to me the most traumatic national experience in my life and the fact that I think it changed the destiny of our country in a negative fashion. I think that for many around my age this is also true, but it is now fifty years past and the majority of Americans have no real knowledge of it. The trauma of that day and the ensuing events of history have left me with an admittedly irrational repugnance towards the city of Dallas and I feel almost a shudder when I hear of Dealey Plaza, where the murder took place. These feelings are so intense that I doubt that I will ever visit Dallas in my lifetime, much less go to Dealey Plaza. When I got my weekly E Mail from my favorite investigative journalism website WhoWhatWhy.com I took note of an article about the Sixth Floor Museum at Dealey Plaza. The article was a humorous look at the potential for Christmas gifts that might be available at the museum’s gift shop and of course provided a link to the museum’s website, which I then followed. Going to the website and perusing it caused me to muse about the ability in our country to turn even our most solemn national events into commercial enterprises, while we pretend that they provide an educational service. Continue reading “They Killed Him So Let’s Make a Buck”

Obama Task Force Member: Snowden Is A Criminal

Stone, Geof228px-Picture_of_Edward_SnowdenIn a previous column, I criticized the work of the White House Task Force on the NSA surveillance program as stacked with Obama loyalists with a majority of surveillance hawks. Later, one of the five members came out to say that the reforms were not significant and that he believes the program should be actually expanded not limited. Now, the only member without prior positions in the Administration and national security ties, University of Chicago Law School Professor Geoffrey Stone, has declared that the NSA is not a rogue agency and that Edward Snowden is a criminal.

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Holiday Hazards And The Hope For A Litigation-Free New Year

220px-Christmas_in_Dublin,_CA200px-New_Year_Ball_Drop_Event_for_2012_at_Times_SquareHere is today’s column in USA Today on the hazards of the holidays. While Halloween racks up an impressive array of torts, Christmas and New Year’s Eve produce a considerable number of accidents and crimes. The difference is that the accidents are often self-inflicted — many of which I have personally experienced. Indeed, my family shudders when I pull out the Christmas decorations in anticipation of some unforeseen disaster.

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Incoming Utah Attorney General Announces That He Will Appeal Sister Wives Ruling

ad611-sister-wives-season-4Incoming Utah Attorney General Sean Reyes has announced that his office intends to appeal the ruling striking down the criminalization of cohabitation in the Sister Wives case. The decision will ultimately send the case to the United States Court of Appeals for the Tenth Circuit in Denver, Colorado. However, the trial court has not yet issued a final order due to a couple outstanding issues. Once that order is issued, the Attorney General’s office will have 30 days to file a notice of appeal. In a surprising decision, the Attorney General also indicated that he will no longer have his office defend the Utah ban on same-sex marriage (struck down by Judge Robert Shelby) and possibly the cohabitation law (struck down by Judge Clark Waddoups). That will require the hiring of outside counsel and an outside firm to defend these laws as opposed to the Office of the Attorney General itself.

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